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

Vol. 142 WASHINGTON, TUESDAY, JUNE 18, 1996 No. 90 House of Representatives

The House met at 12:30 p.m. and was HEALTH INSURANCE agreement. I wanted to report on that called to order by the Speaker. The SPEAKER pro tempore (Mr. to my colleagues. f STEARNS). Under the Speaker’s an- f MESSAGE FROM THE SENATE nounced policy of May 12, 1995, the gen- THE RATIONALE FOR VOTING FOR A message from the Senate by Mr. tleman from Georgia [Mr. GINGRICH] is recognized during morning business for DENIAL OF MFN TRADE STATUS Lundregan, one of its clerks, an- FOR CHINA nounced that the Senate insists upon 1 minute. its amendments to the bill (H.R. 2977) Mr. GINGRICH. Mr. Speaker, I just The SPEAKER pro tempore. Under a ‘‘An Act to reauthorize alternative wanted to report to my colleagues that previous order of the House, the gentle- means of dispute resolution in the Fed- we have a real opportunity in the next woman from California [Ms. PELOSI] is eral administrative process, and for day or so to reach an agreement with recognized for 5 minutes. other purposes,’’ requests a conference the Clinton administration on guaran- Ms. PELOSI. Mr. Speaker, on June 3 with the House on the disagreeing teed portability of health care, of President Clinton requested a special votes of the two Houses thereon, and health insurance with no pre- waiver to grant most-favored-nation appoints Mr. STEVENS, Mr. COHEN, Mr. conditions. We are working very dili- trade status for China. Since the GRASSLEY, Mr. GLENN, and Mr. LEVIN, gently in exactly the way we believe Tiananmen Square massacre in 1989, I to be the conferees on the part of the the House wants us to, to make sure have worked with my colleagues to Senate. that every working American who is in provide alternatives to denial of most- The message also announced that the the insurance system will have a guar- favored-nation status, including condi- Senate agrees to the amendment of the antee that if they change jobs, they tional renewal or targeting revocation. House to the bill of the Senate of the can automatically get insurance with- However, this year I will be voting to following title: out any preconditions for the rest of deny MFN to China and to deny the S. 1136. An act to control and prevent com- their life, so it will eliminate the President’s special request, because of mercial counterfeiting, and for other pur- major concern of working Americans. the increased violations of our bilat- poses. In addition, Mr. Speaker, we have a eral trade agreements, because of the The message also announced that the program which will extend a lower cost increased repression in China and Senate had passed bills of the following health care option, health insurance Tibet, and because of China’s prolifera- titles, in which the concurrence of the option, to the self-employed and small tion of weapons, chemical, nuclear, and House is requested: businesses. Most of the people who do advanced missile technology, to S. 1488. An act to convert certain excepted not have health insurance, who are unsafeguarded countries including service positions in the United States Fire working, are either self-employed or Pakistan and Iran. Administration to competitive service posi- work in small businesses. So if we can Mr. Speaker, while I know there is tions, and for other purposes; and find a solution to a lower cost health not a large enough vote in the Congress S. 1579. An act to streamline and improve insurance option, we give more Ameri- to override a Presidential veto, and the the effectiveness of chapter 75 of title 31, United States Code (commonly referred to as cans the ability to buy health insur- President would veto a motion to deny the ‘‘Single Audit Act’’). ance at lower cost. So we have both MFN, I do believe that a vote to sup- f greater access and greater afford- port the status quo in United States- ability. We give greater affordability China relations is difficult to defend MORNING BUSINESS through medical savings accounts, for several reasons. The SPEAKER. Pursuant to the which lower the after-tax cost of buy- In the area of trade, China does not order of the House of May 12, 1995, the ing insurance, and we get greater ac- play by the rules. Despite the fact that Chair will now recognize Members from cess by providing portability without over one-third of China’s exports come lists submitted by the majority and any preconditions. into the United States and are sold in minority leaders for morning hour de- I hope we are on the verge of a real the United States markets, Chinese bates. The Chair will alternate recogni- breakthrough to get this agreed to. We high-tariff and nontariff barriers limit tion between the parties, with each have already gone to conference. The access to the Chinese market for Unit- party limited to not to exceed 30 min- Senate Republicans are prepared to go ed States goods and services and hold utes, and each Member except the ma- to conference immediately, if we can our exports to only 2 percent of our ex- jority and minority leaders limited to simply get an agreement, and we are ports into China—a third of China’s ex- not to exceed 5 minutes. working very diligently to get this ports allowed into the United States,

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.

H6425 H6426 CONGRESSIONAL RECORD — HOUSE June 18, 1996 only 2 percent of ours allowed into technology, misappropriates it, the many reform proposals which address China. companies have little choice, because the most serious risks presented by On a strictly trade-by-trade basis, they want to access the market. We are contaminants in drinking water. The China does not reciprocate the trade helping the Chinese Government build proposed amendments to the Safe benefits we grant to them under MFN our own competitors, using our state- Drinking Water Act will provide for an status. The result is a $34 billion Unit- of-the-art technology. Time does not estrogenic substances screening pro- ed States trade deficit with China in permit me to go further, but more will gram. Under this program, substances 1995. As we can see from this chart, come. will be measured to determine if they only 10 years ago we were reasonably f produce effects in humans similar to in balance with a $10 million trade defi- those produced by naturally occurring cit with China, and over the past 10 ENVIRONMENTAL ESTROGENS AND estrogens. years the trade deficit has increased to THEIR LINKS TO BREAST CANCER In 1971, Congress passed the National just about $34 billion. The SPEAKER pro tempore (Mr. Cancer Act, increasing resources for Mr. Speaker, supporters of MFN will WELLER). Under the Speaker’s an- cancer research and broadening the say that U.S. exports have tripled in nounced policy of May 12, 1995, the gen- mandate of the National Cancer Insti- the course of that time. They have, but tleman from Florida [Mr. STEARNS] is tute, a subsidiary of the National Insti- Chinese exports to the United States recognized during morning business for tutes of Health. The infusion of funds have increased elevenfold, therefore re- 5 minutes. following this act led to the genetic sulting in this very extreme imbalance. Mr. STEARNS. Mr. Speaker, sadly, I revolution in cancer and biomedicine The deficit is expected to exceed $41 am not surprised by an article in last in general. Continued funding for the billion in 1996, and does not include the Friday’s Washington Post regarding NIH represents an investment in re- economic loss of Chinese piracy of our yet another environmental health risk. search as well as in investment to im- intellectual property, which costs the The article discusses a new scientific prove the Nation’s health. United States economy over $2.5 billion study showing major health risk posed To protect the rights of those with each year. It does not include the loss by chemicals commonly found in our identifiable disease characteristics like to our economy on Chinese insistence environment. Despite even the best of breast cancer in their genetic makeup, on offsets, production and technology intentions, a number of unnerving I have introduced H.R. 2690, the Ge- transfer, which hurt American workers health trends are being linked with in- netic Privacy Act. This legislation will and rob our economic future, and it creased human contamination by ensure that the new discoveries made does not include money gained by chemical hormones. in genetic testing research are not mis- China in the illegal smuggling of AK– The chemicals responsible for caus- used. For example, in the past 2 years, 47s and other weapons into the United ing endocrine system dysfunctions BRCA 1 and BRCA 2 were identified as States by the Chinese military. have been used in common pesticides major breast cancer genes. Together Members will hear that trade with and industrial chemicals for decades. they account for perhaps 90 percent of China is important for United States Known as environmental estrogens, familial breast cancer. jobs. When President Clinton made his these chemicals can actually mimic While this finding indeed benefits statement accompanying his request to the hormone estrogen that naturally women, enabling them to take nec- renew MFN, he claimed new exports to occurs in the human body. These syn- essary preventive measures, negative China supported 170,000 American jobs. thetic hormones have the capacity to consequences are also very likely. My These jobs are very important. How- severely alter one’s endocrine system, bill establishes guidelines concerning ever, they must be seen in the larger leading to an increased risk of major disclosure and use of genetic informa- tion with regard to insurability, em- context. Other trade relationships of health problems, including breast can- ployability, and confidentiality. comparable size, of, say, a $56 billion cer. Reducing the burden of cancer can be trade relationship, produce many, Breast cancer is expected to strike measured in terms of fewer deaths, many more jobs because our trade rela- over 180,000 American women in 1996, fewer new cases, increased length of tionship is more in balance. More of and the lifetime risk for the disease survival, and increased quality of life our exports are allowed into other has increased from a 1 in 20 chance in of cancer survivors. While improve- countries’ markets. the 1950’s to a 1 in 8 chance today. ments in cancer treatment have been Other trade relationships of com- Breast cancer is the leading cause of made, overall cancer incidence contin- parable size to the China-United States death of women between the ages of 35 ues to rise, emphasizing the formidable trade relationship support at least and 52, and 70 percent of newly diag- task ahead. The goal of a reduced can- twice as many jobs. For example, the nosed cases have no family history of cer burden can only be achieved by the United States-United Kingdom trade this deadly cancer. successful translation of discoveries to relationship totaling $2 billion less Environmental estrogens are largely the benefit of all people who are at risk than the United States-China relation- responsible for these alarming figures. and who have been diagnosed with can- ship supports 432,000 jobs. The trade is A recent study by the Mount Sinai cer. less but the number of jobs is well over School of Medicine showed that women Last weekend marked the seventh 2 times. The United States-South with high exposures to DDT had four annual national race for the cure. The Korea relationship is $8 billion less times the breast cancer risk of women race was named ‘‘Doing It For Martha’’ than the United States-China trade re- with low exposures. in honor of Martha Maloney, a long- lationship. It supports 381,000 jobs, well No matter how careful we are in time staffer of Senator WENDELL FORD. over double the Chinese trade relation- watching what we eat and drink, expo- The race will serve as a reminder to ev- ship. Why? Because of lack of market sure to chemical hormones is unavoid- eryone of the impending threat of access for United States products into able in today’s world. They occur in breast cancer. I was proud to have my the Chinese marketplace. the herbicides we apply to our lawns, staff participating as a team in the 1996 We must also be concerned about the shoe polishes, paints, paper products race for the cure. harm to our economy of the technology we use every day, and in pesticides on Cervantes once said, ‘‘The beginning transfer and production transfer which the food we eat. of health is to know the disease.’’ To is accompanying United States invest- While we still have much to learn succeed in the fight against cancer re- ment in China and United States sales about toxic chemicals, what we do quires that we have the vision to recog- to China. The Chinese Government de- know thus far is cause for major con- nize new opportunities and the flexibil- mands that companies wishing to ob- cern and serious action. As a member ity and energy to capture such oppor- tain access to the Chinese market not of the Subcommittee on Health and the tunities for progress. Our responsibil- only build factories there, so that the Environment, I am proud to have sup- ity is to all people, for cancer threat- products are made in China, not in the ported the passage of the Safe Drinking ens all of our lives. United States, but that they also Water Act amendments in the Com- Mr. Speaker, I firmly believe that a transfer state-of-the-art technology to merce Committee markup last week. cooperative effort by Congress, the sci- do so. The Government then takes that This important legislation includes entific community, and regulators will June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6427 yield new findings and beneficial re- I offered an amendment to this act recognized during morning business for sults not only for the environmental that would return these guarantees in 5 minutes. health of this country, but for the this terrible legislation, but it was re- Mr. WELLER. Mr. Speaker, I rep- health of current and future genera- jected by every Republican. Other resent probably the most diverse dis- tions. Democrats offered similar amendments trict in the State of Illinois. I rep- f to continue health care coverage for resent part of the city of Chicago, the the disabled, for children, for pregnant south suburbs in Cook and Will Coun- b 1245 women, but again all those amend- ties, industrial communities like GOP SLASHES MEDICARE AND ments were defeated by the Repub- Rockdale and Bradley and La Salle/ MEDICAID WHILE INCREASING licans. Peru, farm towns and a lot of corn- DEFICIT On top of all this, the GOP Medicaid fields. Repeal Act will sharply reduce pay- Because my district is so very di- The SPEAKER pro tempore (Mr. ments to hospitals for care. verse, I am always looking for com- WELLER). Under the Speaker’s an- Compounded with the extreme Ging- monality, common concerns that the nounced policy of May 12, 1995, the gen- rich-Dole Medicare cuts to hospitals, working people of my diverse district tleman from New Jersey [Mr. PALLONE] many will be forced to close their have. is recognized during morning business doors, especially hospitals that receive I find that a major concern of work- for 5 minutes. a majority of their income from Medi- ing families, of course, is finding ways Mr. PALLONE. Mr. Speaker, last care and Medicaid. to make health care work better for week the Republicans passed their Many hospitals in my home State of working families and reforming health budget plan which actually increases New Jersey are in this situation. They care. Of course my predecessor talked the deficit starting next year. Projec- are highly Medicare and Medicaid de- about Medicare. tions show that the 1996 deficit will be pendent. I am very concerned about Frankly I want to make it very clear approximately $130 billion, but under their being able to survive these steep that we Republicans are committed to the GOP plan it will increase to $153 cuts that have been proposed by the saving Medicare from Bankruptcy. The billion in 1997. The GOP deficit is also Republicans in Medicare and Medicaid. trustees just a few weeks ago say if we higher in 1998 than this year’s deficit. Again, the Republican plans will re- do nothing, Medicare goes bankrupt in I ask why. The reason is because the duce access to health care services. At 51⁄2 years. In fact, the Republican budg- GOP are intent on their large tax a time when Congress should be seek- et increases funding for Medicare by breaks for the wealthy, part of which ing ways to decrease the number of un- $724 billion, a 62 percent funding in- are paid for through excessive Medi- insured and underinsured, the Repub- crease for Medicare. We are committed care cuts. lican leadership’s answers will make to saving Medicare. In 1992 the deficit was $290 billion and these problems worse. We are also committed to raising in 1993 it was $255 billion. Under Demo- I thought it was interesting to see take-home pay for working families, cratic leadership the deficit has actu- Speaker GINGRICH take the floor this increasing the opportunity for working ally dropped 4 years in a row to the morning and talk about how he is try- Americans, and also helping small projected $130 billion of this year. ing to increase portability and also in- business and their employees. As that What is the reason for the Repub- crease health insurance for those with common concern which resonates in lican deficit increase? Misplaced prior- preexisting health conditions through my district, and, that is, making ities, tax breaks for their wealthy the Kennedy-Kassebaum legislation. health care better by improving access friends, and a slush fund for future un- But that reality is that the Speaker and by improving health care, of necessary tax breaks. While the Repub- and the rest of the Republican leader- course, that is a concern I have got. licans claim to be deficit hawks and ship have been insisting on including I know it is a priority in this Con- the saviors of Medicare, the facts indi- medical savings accounts in this Ken- gress to reform health care. Over the cate that they are intent on pushing nedy-Kassebaum health care reform. last 16 months I have held town meet- this country further into debt and What that will mean is that the ings and talked with a lot of my neigh- making large and unnecessary cuts in healthy and the wealthy will opt out of bors about what we can do to make Medicare. the traditional health insurance pro- health care better. When you listen and This Republican deficit-increasing grams and the cost for everyone else you learn the concerns of the people budget also makes extreme cuts of $72 for health insurance will go up. So that I represent, frankly you learn, No. billion over 6 years to the Medicaid again, even though the Republican 1, that there are 40 million Americans Program and allows States to cut an leadership talks about how they are today that do not have health care in- additional $178 billion, for a grand total trying to expand health care options, surance. When you listen to those 40 of $250 billion in Medicaid cuts. We are in fact what they are doing is making million Americans you learn some- talking about major cuts in Medicaid those options fewer because more and thing that frankly is a surprise for as well as Medicare. more people will not be able to afford many people, and, that is, that 85 per- Many people look at the Medicaid health insurance. cent of those without health care cov- Program as primarily for the poor, and, Mr. Speaker, I just wanted to say in erage are self-employed, they are of course, it does assist poor people, conclusion that in the past Democrats small-business people, they are em- but it also pays about 50 percent of all were able to decrease the deficit and ployees of these small businesses, and nursing home care for senior citizens. preserve Medicare and Medicaid. The they are families. Without Medicaid, many middle-class Republicans have misplaced priorities The chief reason they are unable to adult children of nursing home parents and values. The Democrats have a obtain health insurance is because they will have to pay for their parents’ ex- proven track record of reducing the cannot find affordable rates of health pensive care, while at the same time deficit and ensuring that senior citi- insurance. We are committed to mak- trying to send their own children zens have adequate health care. I re- ing health care more affordable be- through college. main committed to fighting these Re- cause we recognize that that will im- Last Thursday, Mr. Speaker, the publicans efforts that would raise the prove access for working Americans to Committee on Commerce, of which I deficit while at the same time slashing our health care system. am a member, voted on the Medicaid Medicare and Medicaid. This Republican House and the Re- Repeal Act, which I vigorously fought. f publican Senate have responded and The Medicaid Repeal Act will elimi- passed health care reform that makes nate all current guarantees of health HEALTH INSURANCE REFORM health care more affordable by making care coverage and eliminate current HELD HOSTAGE it easier for small employers to band guarantees of nursing home benefits to The SPEAKER pro tempore (Mr. together and pool their employees so the elderly. This is the Medicaid Re- STEARNS). Under the Speaker’s an- they get more affordable group rates peal Act that the Republican leader- nounced policy of May 12, 1995, the gen- on insurance; increasing the self-em- ship is putting forward. tleman from Illinois [Mr. WELLER] is ployed tax deduction, and, thanks to H6428 CONGRESSIONAL RECORD — HOUSE June 18, 1996 Bob Dole, we increased it to 80 percent; cal savings accounts work because they were held in 1994, let us just push those making health care insurance more provide choice for working Americans, entirely out to the side, this Senate portable so you can take it between choice amongst their health care pro- Whitewater Committee in 1995 and 1996 jobs; and no one can be denied coverage viders, choice amongst their physi- met for more than 300 hours in open because of preexisting conditions. We cians. They lower costs by rewarding sessions, took 10,729 pages of hearing also provide for medical savings ac- cost-conscious consumers, and they testimony in 51 hearings and 8 public counts, an innovation that is working also provide for portability between meetings. It also had 159 witnesses and across this country. We want to im- jobs. took more than 35,000 pages of deposed prove access by making health care Unfortunately one legislator stands testimony from 245 persons. Hundreds more affordable to Americans. in the way with his filibuster, and un- of thousands of pages of documents I think it is important today to note fortunately that interest is blocking have been provided to the committee that it was 57 days ago that the U.S. health care reform. by different agencies, departments, and Senate passed the health insurance re- There is strong bipartisan support for individuals. form legislation by a vote of 100 to 0. health care reform in the House and If we look at all of this and then we Every Member, Democrat and Repub- Senate. It passed the Senate by 100 look at the over $32 million that has lican, voted for that health care reform votes to nothing, it overwhelmingly been spent on this, I think it is terribly bill. passed the House, and if it is allowed to important to say, what did we get out Both the House and Senate have be voted on, it will pass. of this? What did we get out of this? We passed health care reform, so what is Ladies and gentleman, I ask the ought to be looking at the facts. the holdup? I think it is important President to call on this one legislator This was a very broad spread com- today to point out that today is day 57 in the other body to drop his effort to mittee. It went on longer than any- of health care reform being held hos- hold health care reform hostage. thing. The facts ought to be what we tage in the United States Senate. Let us bring the bill up for a vote. are looking at. The bottom line should Health care reform is being held hos- Let us send it to the President with be, did President Clinton misuse the tage by a small, narrow, extreme, left- this bipartisan effort to make health powers of his presidency? The other wing minority of one who stands in the care more affordable and become law. question was, did he use his official po- way of health care reform. Working f sition in Arkansas to financially enrich families, small businesspeople, entre- himself? ANNOUNCEMENT BY THE SPEAKER preneurs, flower shops, local grocery If we read this committee report by PRO TEMPORE stores, the people on Main Street—— the minority, they clearly conclude ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore. The after sifting through all of this paper The SPEAKER pro tempore. Will the Chair would remind all Members again and all of this oral testimony that the gentleman suspend for one moment. It to not cast reflections on the Senate or answer to those questions is ‘‘no.’’ And is not in order to cast reflections on its Members individually or collec- they are really rather surprised by the the Senate or its Members, individ- tively, or to urge particular Senate ac- fact that, I guess the disappointment ually or collectively. The gentleman tion. at finding the answer was ‘‘no,’’ they may resume. f had to go out and look for someone else Mr. WELLER. Working families, the SENATE WHITEWATER COMMITTEE to drop a net over, and so it really ap- self-employed, flower shops on Main MINORITY FILES REPORT pears that they went after Mrs. Clinton Street, the backbone of our society, with all the venom they could possibly the little guys and gals are being pun- The SPEAKER pro tempore. Under go after. It is like they have this in- ished because one Member is filibuster- the Speaker’s announced policy of May credible sinister spotlight that they ing legislation to provide health care 12, 1995, the gentlewoman from Colo- want to shine on her and make her the reform and make health care afford- rado [Mrs. SCHROEDER] is recognized most evil soul that ever walked the able. during morning business for 5 minutes. planet. This particular Senator is using med- Mrs. SCHROEDER. Mr. Speaker, I b 1300 ical savings accounts as his excuse for hope what I am going to do today is blocking affordable health care reform. going to be within the rules of the Mr. Speaker, this is not the person I The reason this Senator is filibustering House, because I rise today to urge the know, and I think it is very interesting health care reform is because he wants American people to please read the mi- to look at the perspective that they a Government takeover of our health nority report coming out of the Senate have put on it. If you cannot recall pre- care system. today. It is terribly important. It is the cisely what you did 10 years ago, then Medical savings accounts are an idea minority report being filed by the they want to spin it that you are lying, which was discussed while I was in the ranking member, Senator SARBANES, you are disingenuous, you are part of a State legislature. the summary of conclusions from the conspiracy, and so forth and so on. But ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Whitewater Committee. basically what we should be doing, I be- The SPEAKER pro tempore. Will the I think this is a very, very critical lieve by our charter under the Con- gentleman suspend. It is not in order to report. It was not leaked to the press, stitution, is we should be looking at cast any reflection on the Senate or its as the majority report was. As a con- elected officials and what elected offi- Members and I ask the gentleman to sequence, many people are dealing cials did or did not do in the role of refrain from doing so. without this factual base. We are into their public trusteeship. That is the The gentleman may proceed in order. spin, if you can imagine such a thing in issue. Mr. WELLER. Medical savings ac- this town. Everybody is into spin con- Mr. Speaker, I think it has probably counts are an issue I dealt with as an trol. been very discouraging to many people Illinois State legislator. While I was in Let us talk a little bit about what is who put a lot of time in, because I the Illinois General Assembly, we were going on. First of all, this has been the think, if anybody looks at the Presi- successful in passing medical savings longest running congressional inves- dent we have, everybody knows he accounts. Since 1993, Illinois residents tigation of any sitting President. If we loves politics. And anyone who is in in the Land of Lincoln have been able look at the facts on Watergate, if we politics knows that politics keeps you to reap the cost-saving benefits of look at the facts on Iran Contra, this busy 24 hours a day. There are never MSAs. one has gone much longer than that. enough hours in the day to do all the In fact, there are 18 States today that I am very proud that the minority re- things that you should do if you really are leading the effort to provide for port was not leaked because in this want to be good at your profession. If medical savings accounts. In fact, highly charged political atmosphere I anything, this President is probably there are hundreds of thousands of em- was hoping this could be an objective guilty of ignoring his own personal fi- ployees of small businesses and cor- attempt, since it has gone on so long. If nancial background. He enjoys much porations that have the opportunity to we do not count the meetings done by too much being with people, talking to have medical savings accounts. Medi- the Senate Banking Committee that people, listening to people, doing June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6429 things with people, participating in use and abuse of the FBI and the IRS in 12, 1995, the gentleman from South events, thinking about policy issues to the Travelgate fiasco. That is how this Carolina [Mr. SPRATT] is recognized get involved with those details of how came about. during morning business for 5 minutes. he pays his own bills. The more questions that we see being Mr. SPRATT. Mr. Speaker, in the So I hope that everybody looks at raised, the more questions we have. We last 18 months, 40 churches have been this minority report and we get the do not know how many files were ob- burned to the ground, 5 of them in my facts out. We have paid a lot of money tained. We do not know how many files State. And despite mounting concern, for this. Let us not do spin. Let us do were copied. We do not know how the eight churches have burned in the last facts. Let us try and look at this thing files were used. We do not know whose 2 weeks, four within the last 2 days. objectively and not politically. civil rights or privacy rights were It is time, past time, for Congress to f abused. Filegate came to light because say, ‘‘In America, we don’t burn of our investigation. churches, synagogues, or mosques, or ANNOUNCEMENT BY THE SPEAKER Most disturbing to me as a member let anyone who does, escape with impu- PRO TEMPORE of the committee that was investigat- nity.’’ The SPEAKER pro tempore (Mr. ing this, Government Reform and Over- Today, we have such a chance, be- STEARNS). According to Jefferson’s sight, is that the FBI files of three of cause today, we take up a bill called Rules of the House, on page 176, even our subcommittee staff directors were the Church Arson Prevention Act. when Members characterize a report obtained by the White House. To me, We all know that this law will not from the Senate—this is on page 176: this is a clear and direct violation of bring these heinous crimes to a sudden Except as permitted in clause 1 of rule the firewall which has always existed halt. But this law will put the author- XIV, it is out of order to characterize between the legislative branch, the ex- ity of Federal Government, the BATF the position of the Senate, or of Sen- ecutive branch, and the chief Federal and the FBI, into the investigation, ators designated by name or position, law enforcement agency of our Nation. prosecution, and punishment of every on legislative issues. The Committee on Government Re- church that’s burned. f form and Oversight is charged with in- This bill attempts to justify its pur- vestigations and audits of the execu- pose under the Interstate Commerce FILEGATE tive branch of Government. Our com- Clause, which I think is unnecessary. I The SPEAKER pro tempore. Under mittee has been stonewalled in re- think that under the 1st and 14th the Speaker’s announced policy of May peated requests for documents relating amendment, Congress not only has the 12, 1995, the gentleman from Florida to travelgate during the past 2 years. power but the duty to prohibit any re- [Mr. MICA] is recognized during morn- Only after we took this drastic step of straint on the free exercise of religion, ing business for 5 minutes. threatening to issue a contempt cita- and we not only have the power but a Mr. MICA. Mr. Speaker, Shakespeare tion of Congress did we receive one- special duty to see that crimes of hate, said, ‘‘Something is rotten in Den- third of the documents requested. It aimed at African-Americans because of mark.’’ was through these documents that we their race, are prosecuted and pun- Mr. Speaker, I say something is rot- discovered the unbelievable tale of the ished. And that is critically true when ten in the White House. I am talking misuse of FBI files in the manner we the hatred is visited on churches, the today about the case of Filegate, which have heard described, the manner we vital beating heart of African-Amer- has raised so many eyebrows, which see here. ican communities. Mr. Speaker, in light of what has has raised so many concerns. Each day I feel certain that the Church Arson been revealed, I believe it is incumbent a new revelation comes out on this Prevention Act will pass this House upon this Congress to move forward matter. Each day I continue to be overwhelmingly. But that is not immediately and issue this contempt shocked and the American people be- enough. It must be backed by the citation to Mr. Quinn and the others. It come more concerned about what they unstinting authority of the Federal learned. First we heard that the FBI is not sufficient for the White House and Mr. Quinn to suspend Mr. Living- Government until every miscreant who had turned over or the White House would commit such a crime knows that had obtained 330 names to peruse. We stone. It is now absolutely critical that the Congress obtain all of the 2,000 he will be pursued relentlessly, pros- understand the list went from ‘‘A’’ to ecuted swiftly, and punished severely. ‘‘G.’’ Then we heard the number raised missing documents, the documents that have been withheld from this Con- f to 341 names. Recently we heard the gress, withheld from our subcommit- FBI state that requests were made for OUR NATURAL RESOURCES tee, and that we conduct a thorough more than 400 files. I learned today The SPEAKER pro tempore. Under and complete investigation and review that one file was returned on June 10. the Speaker’s announced policy of May of this matter and this entire sorry I learned also today that 71 files were 12, 1995, the gentleman from Florida chapter in this administration. turned over on June 17. What is shock- [Mr. GOSS] is recognized during morn- Mr. ROHRABACHER. Will the gen- ing is I learned today, too, that the ing business for 5 minutes. tleman yield for a question? White House still has 17 of these files. Mr. MICA. Yes, I would be glad to. Mr. GOSS. Mr. Speaker, I want to Mr. Speaker, the more we learn Mr. ROHRABACHER. Mr. Speaker, talk about some good news today. Over about this situation, the more I be- does the gentleman believe that it is the last 20 years, we in this country come concerned. Mr. Freeh, the Direc- possible that the White House received have made measurable good progress in tor of the FBI, said that the FBI was all of these files from the FBI and that protecting our natural resources. Our victimized. I think the FBI was victim- perhaps they were just trying to look air and our water are cleaner than they ized. I think the Congress was victim- into one or two people in those files were in the 1970’s, and we have reversed ized. Even the Washington Post, one of that they really wanted to get, and the decline of several of the endangered the administration’s most ardent sup- that the rest of those files were just a species. This is a good record. It is an porters, now feel in their editorials cover against, a vendetta against indi- admirable record. We all know there yesterday and today that they were viduals that they do not want to admit are still many areas where Federal at- victimized. who they are? tention is required today, but we also Mr. Speaker, this all came about be- Mr. MICA. Mr. Speaker, I do not know that you cannot write thousands cause the committee on which I served, know. We do not have the 2,000 docu- and thousands of pages of Federal regu- Government Reform and Oversight, re- ments we requested, and I call on the lations without some problems devel- quested files. We requested files for al- Congress to issue the contempt cita- oping along the way. It is just common most 2 years, and what did we get? We tion. sense to take a look at current regula- got stonewalled. It got so bad that we f tions and decide what works and what had to issue this contempt report to does not and look for ways to make a John Quinn, counsel to the President, CHURCH ARSON cleaner, safer, healthier environment requesting this information after our The SPEAKER pro tempore. Under for everyone and at the same time, of preliminary investigation saw the mis- the Speaker’s announced policy of May course, excise those unworkable and H6430 CONGRESSIONAL RECORD — HOUSE June 18, 1996 unfair regulations we have come to ington that really fail to recognize the telephone, the reaper, the steamboat, identify. obvious often overlooked fact that dif- and, yes, the airplane. This 104th Congress has been per- ferent communities have different Today our standard of living is tied ceived by some as being antiregulation. needs. Alaska is different than Florida. to technology and in the future will be Perhaps the truth is that the 104th has The last principle I will mention is tied even more to technology, but opposed overregulation. I think to his providing positive incentives to en- today we see our patent system, which very great credit, the Speaker has courage responsible stewardship of our has done so much for our people, under taken the lead and formed a task force natural resources. Whether we provide attack and targeted by powerful for- on the environment. I am pleased with rewards such as tax credits, grant flexi- eign interests and multinational cor- the Speaker’s determination to pass re- bility, and complying with regulations porations. sponsible environmental legislation. I or offer marketing incentives, we These powerful interests have al- am, frankly, personally happy to be should move away from the idea that ready eliminated the guaranteed pat- part of his effort. Although it is often environmental legislation always cre- ent term of 17 years, which was the lost in the rhetoric surrounding to- ates winners and losers. The simple right of Americans for 130 years, and it day’s environmental debates, the Re- fact is that we can achieve a balance was eliminated in an underhanded fash- publican Party has a long tradition of that allows all sides to come away with ion by slipping it into the GATT imple- conservation from Teddy Roosevelt, something positive. All America and mentation legislation, even though who created the first national wildlife all Americans benefit when we do that. that change was not mandated by refuge, to Richard Nixon, who created I will end on what I hope is a high GATT itself. the Environmental Protection Agency. note and that is this. These principles Now for the knockout punch. We will Many people have forgotten that. soon have a bill come to the floor Unfortunately, what often passes for are not just talk but are geared toward providing results, results that will help which will end patent protection in debate on environmental issues in Con- America as we know it. The bill, H.R. gress and around the country is little Florida, for instance, restore our Ever- glades, restore our beaches. Under the 3460, which I have labeled the Steal more than a shouting match full of American Technologies Act, is really symbolism but actually lacking any Interior appropriations bill, which just happens to be coming to the floor this named the Moorhead-Schroeder Patent real substance; sort of litmus test Act. This piece of legislation will de- wars, as it were. If we are to make any week, Congress in fact is going to be mand, mandate, that every American real progress in resolving some of the taking responsible steps in both of inventor, when he applies for a patent, difficulties associated with environ- these critical areas. after 18 months, whether or not that mental protection, we need to set poli- I believe in the end all parties to the patent has been issued or not, it will be tics aside and have a reasoned discus- environmental debate agree on the im- published for the world to see. Every sion on the real issues. The Speaker’s portance of safeguarding our natural single detail of new American tech- environmental task force has success- resources. Hopefully we will see reason- nology will be available to the world to fully identified several principles for able people from all sides embrace the steal. Every pirate in the world and the such a debate in my view, principles principles we have laid out and help us Asian market will be producing our that I think make good sense, we will in a bipartisan way achieve our goals. all agree. f technology before our patents are even The first of these is that environ- issued. b mental decisions should be consensus 1315 It also eliminates the Patent Office itself, something that has been part of based, made in consultation with the AMERICAN PATENT PROTECTION our Government since the Constitu- people whose homes, businesses, com- BEING JEOPARDIZED munities are directly affected. Bring- tion, and replaces it with a The SPEAKER pro tempore (Mr. ing the opposing interests to the table corporatized Patent Office, meaning a STEARNS). Under a previous order of early in the process provides us the op- semi-Government, semiprivate cor- the House, the gentleman from Califor- portunity to find a solution before the poration, like the Post Office, which nia [Mr. ROHRABACHER] is recognized two sides become deadlocked in a has very little of the congressional for 5 minutes. meaningless fight. Environmental dis- oversight that the current Patent Of- Mr. ROHRABACHER. Mr. Speaker, I putes routinely focus on health, public fice has. rise to warn my colleagues that power- safety, and environmental protection By the way, that same move strips ful interest groups are involved in one against the question of jobs, economy, patent examiners. These men and of the most insidious attacks on the and private property rights. Obviously women who have dedicated their lives all of those things are important. If we well-being of the American people that to making the judicial decisions as to get the parties talking to each other I have seen in my 8 years in Congress. who owns what technology, they will early, I believe we can make substan- It is an insidious attack because a dec- be stripped of their civil service protec- tial progress in removing some of the ade from now, if these powerful inter- tion, inviting corruption: First, publi- conflict we see today. ests succeed, America will have lost its cation of every last secret we have to Mr. Speaker, the second principle is competitive edge, the standard of liv- the pirates of the world; second, strip- greater. It is greater in a way that it ing of our people will be in decline, and ping our patent examiners, our line of involves State and local, our sister they will never know what hit them. defense, against corruption, of their branches of government in the lower What is happening is an attack on civil service protection. tiers. Having served as a mayor and a America’s ability to remain the num- Finally, this bill will offer rights to county commissioner before coming to ber one technological power in the foreign corporations, as well as huge Congress a few years ago, I know that world. America has had the strongest American multinational corporations, the lower tiers mean the front lines patent system in the world. Our citi- to challenge existing patents. Our tech- where the people are, where what mat- zens have enjoyed patent protection nology even today will be under attack ters in our daily lives goes on. I know that other citizens in other countries when the people from all over the the importance of giving States and lo- have not enjoyed. Thus, our inventors world will be able to come in with huge calities a real role in setting and en- and investors in new innovation have finances and force our people to defend forcing environmental standards in given us technology that has provided the patents that have already been their communities. The perspectives of the American people with a standard of granted them. local and State officials who are the living far beyond those overseas, and America’s corporate giants, strange- people who make everyday land use de- has permitted our people, even though ly enough, have signed on to this tech- cision, who deal with problems every they receive more money for their nological rip-off. First, they would like day are invaluable in crafting environ- work, to outcompete people who re- to rip off the little guy themselves mental policies that actually work on ceive less pay overseas. without having pay royalties, and the ground. The American people have enjoyed many of these giant corporations in The time has come to end sort of the the technological lead that has given our country have interlocking direc- one-size-fits-all directives from Wash- us the light bulb, the telegraph, the torates and investors from all over the June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6431 world. They have signed on to destroy- slow progress is better than no REPORT ON H.R. 3662, DEPART- ing the American patent system as we progress. Such is the nature of com- MENT OF THE INTERIOR AND have known it for the last 130 years. promise. All in all, however, we in Con- RELATED AGENCIES APPROPRIA- This is truly a battle between the lit- gress have a solid reform plan, and I TIONS ACT, 1997 tle guy and the big guy. H.R. 3460, the am proud of the spirit of bipartisanship Mr. REGULA, from the Committee Steal American Technologies Act, is that many have brought to this cause. on Appropriations, submitted a privi- being pushed through the system by However, one more Democrat still leged report (Rept. No. 104–625) on the big business. Small business, the inves- has not joined us in this compromise, bill (H.R. 3662) making appropriations tors, the NIFB, colleges and univer- and that is President Clinton. His re- for the Department of the Interior and sities that get monies from royalties fusal to take it up has brought this re- related agencies for the fiscal year end- from their own inventive processes, form to a halt. I call on the President ing September 30, 1997, and for other they are behind the Rohrabacher sub- in the spirit of bipartisan, working to- purposes, which was referred to the stitute for H.R. 3460. gether for Americans on crucial, cru- Union Calendar and ordered to be This will be a battle that determines cial health care reform, for all Ameri- America’s future, but the American printed. cans, to stop this hostage taking of the The SPEAKER pro tempore. All people will have trouble understanding health care reform plan, come on it. Let us hope they call their Con- points of ordered are reserved on the board, and do what is right for Amer- bill. gressman to let them know they will ica. be watching and America’s interests f should be protected. f HOW LONG WILL PRESIDENT CLIN- f RECESS TON AND SENATOR KENNEDY STAND IN THE WAY? MSA’S PROVIDE FREE MARKET The SPEAKER pro tempore. There SOLUTION TO HEALTH CARE being no further requests for morning (Mr. BOEHNER asked and was given PROBLEMS business, pursuant to clause 12, rule I, permission to address the House for 1 The SPEAKER pro tempore. Under a the House will stand in recess until 2 minute.) Mr. BOEHNER. Mr. Speaker, Repub- previous order of the House, the gen- p.m. licans have a health care bill that en- tleman from Arizona [Mr. SALMON] is Accordingly (at 1 o’clock and 23 min- sures affordability, accessibility and recognized for 2 minutes. utes p.m.), the House stood in recess ensures that preexisting conditions Mr. SALMON. Mr. Speaker, since the until 2 p.m. start of the Clinton administration, will not deny an individual health care f our President has taken American coverage any longer. It makes health care more affordable to small busi- workers for a rollercoaster ride when it b 1400 comes to fundamental health care re- nesses and to the self-employed and al- form. Two years ago we faced the scary AFTER RECESS lows them to set up medical savings ac- counts. It allows tax deductions for plan called Clinton Health Care, which The recess having expired, the House basically was a system of socialized long-term health care needs, and it was called to order by the Speaker pro fights fraud and abuse with tough new medicine. Clinton Care completely re- tempore (Mr. WELLER) at 2 p.m. jected the idea that free market re- provisions. forms, not big government, centralized f Mr. Speaker there are only two peo- control, might be the way to bring ple standing between the American PRAYER health care costs into line, and it people and more affordable and avail- would have forced people into managed The Chaplain, Rev. James David able health care, and that is President care. Ford, D.D., offered the following pray- Bill Clinton and Senator TED KENNEDY, Americans were confronted with this er: and, Mr. Speaker, how long will they ridiculously complex plan that would May Your Spirit, O God, be with us stand in the way and deny the Amer- have even further increased our citi- all the day long and remain with us in ican people these much needed re- zens’ dependence on the Federal Gov- our hopes and in our sorrows, in our forms? ernment and ultimately left our chil- dreams and in our defeats. Cause us f never to forget Your heavenly vision dren with debt even worse than today’s VETERANS DESERVE MORE THAN already unacceptable high levels. and let us never walk away from the HOLLOW PROMISES Today in Congress we have a plan, a gifts of Your good grace. We know, gra- good plan, for health care reform. It cious God, that Your Spirit is over all (Mr. FILNER asked and was given does not call on the Federal Govern- the world and given to every person permission to address the House for 1 ment to take over anything. Instead, and is present in our lives this day and minute and to revise and extend his re- we propose to fix our problems in a every day, we pray. Amen. marks.) manner that befits our free market Mr. FILNER. Mr. Speaker, our Na- f economy by empowering Americans to tion’s veterans are getting a raw deal. have more, not less, control over their THE JOURNAL Last week the Republican budget con- health care. Our plan will let Ameri- ference approved a veterans budget $573 The SPEAKER pro tempore. The cans take their health care insurance million below that recommended by Chair has examined the Journal of the with them when they change jobs, President Clinton. Now the Sub- last day’s proceedings and announces limit exclusions for preexisting condi- committee on Labor, Health and to the House his approval thereof. tions, and, perhaps most importantly, Human Services, and Education of the Pursuant to clause 1, rule I, the Jour- give Americans the option to choose Committee on Appropriations has rec- nal stands approved. medical savings accounts, MSA’s. Our ommended that the funding level rec- plan believes in giving people, not bu- f ommended by President Clinton for reaucrats, the power to make personal veterans’ employment services pro- health care choices, but this plan is PLEDGE OF ALLEGIANCE vided for disabled veterans outreach held hostage, day 57. The SPEAKER pro tempore. Will the program specialists and local veterans MSA’s, which is a component of our gentleman from Ohio [Mr. CHABOT] employment representatives be cut by health care reform plan, provide free come forward and lead the House in the almost $12 million. As a result, 28,000 market solutions to our health care Pledge of Allegiance. fewer veterans; that is, 28,000 fewer vet- problems. Because of the fundamental Mr. CHABOT led the Pledge of Alle- erans, will be placed in jobs than pro- good sense MSA’s make, we have more giance as follows: posed in the President’s budget. and more Democrat converts to this I pledge allegiance to the Flag of the Unit- Additionally, the Republicans have economically sound reform option. ed States of America, and to the Republic for recommended that the transition as- While I would prefer to give the MSA which it stands, one nation under God, indi- sistance program be terminated Octo- option to all Americans, I recognize visible, with liberty and justice for all. ber 1. This successful program has H6432 CONGRESSIONAL RECORD — HOUSE June 18, 1996 trained hundreds of thousands of men WE NEED TO KNOW WHY automatically have money deducted and women leaving our Armed Forces (Mr. CHABOT asked and was given from his or her paycheck to pay for po- to find, and to find quickly, good per- permission to address the House for 1 litical candidates or causes with which manent civilian jobs. minute.) he or she disagrees? It is fair that a Mr. Speaker, the Republicans are Mr. CHABOT. Mr. Speaker, the White union member should have to battle anxious to spend billions of dollars on House has now released statements his or her union in order to object to a dubious son of star wars program but from some of the political operatives the union’s spending of dues for politi- are unwilling to provide the $2 million involved in pawing through the con- cal purposes? And, if he or she does ob- necessary to help veterans earn a liv- fidential FBI background files of hun- ject, is it fair that a union member be ing in their civilian communities. Let dreds of political opponents. Those dec- subjected to harassment from the us hope the Committee on Appropria- larations are more important for what union, or worse, the threat of losing his tions restores this money. Veterans de- they do not say than for what they do. or her job? I certainly don’t think so, serve more than hollow promises. Craig Livingstone, the ex-bouncer and I would hope and expect that our f and political hatchet man who is now colleagues on both sides of the aisle being paid not to work, released his would feel the same way. NO MFN FOR CHINA carefully lawyered statement saying Mr. Speaker, the Worker Rights to (Mr. FUNDERBURK asked and was that if he was asked to obtain FBI Know Act will help instill some basic given permission to address the House background files, and if he did obtain fairness to the process by which unions for 1 minute and to revise and extend the files, and if he was asked to dis- spend the hard earned money of their his remarks.) seminate to other people the personal members. I urge my colleagues to sup- Mr. FUNDERBURK. Mr. Speaker, information that he learned from those port its passage. dollar signs, business for some United files, and if he did give out that per- f States companies, trade and engage- sonal information to other people, well, ments; these seem to be the primary then he did not do so for any purpose ANOTHER REASON FOR DENYING arguments for renewing MFN for Com- he thought was, quote, improper. MFN TO CHINA munist China. The statement of course does not say (Mr. PALLONE asked and was given Mr. Speaker, I remember in my what he defines as improper. permission to address the House for 1 youth reading ‘‘The Odyssey,’’ the The American people deserve to minute.) story about the great Greek hero Odys- know exactly what happened and why. Mr. PALLONE. Mr. Speaker, as we go seus and his trip home after the long They deserve to know what the Presi- through the annual ritual of extending Trojan War. In one of his adventures he dent means when he says that he takes most-favored-nation trading status for guided his ship through the singing of full responsibility for this outrage, and China, yet another reason for denying the Sirens. He had to do this without we need to know why the President is MFN has come to light: China has be- meeting the same fate which lured all treating Mr. Livingstone so very come the major contributor to weapons mariners and their ships to the rocky gentle. proliferation and instability in Asia, coast and disaster. f with Pakistan being one of the major The modern-day lure of the songs of REPUBLICANS REVERSE recipients of Chinese nuclear tech- the Sirens is the China market. Like DEMOCRATIC DEFICIT REDUCTION nology and delivery systems. Odysseus of old, only President As was reported in the media last Reagan, unlike recent American Presi- (Mr. BROWN of Ohio asked and was week, there is strong evidence from our dents, was able to resist this. He built given permission to address the House own intelligence agencies that Paki- the United States up from its self-im- for 1 minute.) stan has deployed nuclear-capable Chi- posed position of strategic weakness. Mr. BROWN of Ohio. Mr. Speaker, nese M–11 missiles, obtained through a Let us do what is good for the Amer- here we go again. The same group that secretive transfers that both countries ican national interests and resist the shut down the Government last winter have tried to cover up. Yet, incredibly, modern sirens. Do not grant MFN for has given us a budget that is way out despite the overwhelming evidence, the China, at least until Communist China of balance. The Gingrich Republican administration seems unwilling to im- starts to act more like a civilized na- budget cuts Medicare, cuts Medicaid, pose the tough economics that both na- tion in its treatment of its citizens. increases by $12 billion the military tions clearly deserve. budget, more than the Pentagon asked f Earlier this year, we failed to punish for, and increases taxes on people mak- China or Pakistan for the transfer of CANCEL MFN FOR CHINA ing $15,000 to $30,000 a year, at the same 5,000 ring magnets, devices used for the time swelling the budget deficit, all to production of weapons-grade enriched (Mr. TRAFICANT asked and was give tax breaks to the richest people in given permission to address the House uranium. We also went ahead with the this country. transfer of $368 million in United for 1 minute and to revise and extend Three years ago the budget deficit States conventional weapons to Paki- his remarks.) was $290 billion. This year we have got stan. Mr. TRAFICANT. Mr. Speaker, an- it down to $130 billion. We have cut it Mr. Speaker, it’s time to get tough other last minute trade deal. The in half. Unfortunately, the Gingrich with China, Pakistan, and other na- White House said China has voluntarily budget increases the budget deficit to tions contributing to the spread of nu- agreed to stop breaking international $153 billion next year and a comparable clear weapons. Denying MFN to China trade and copyright law. amount the following year instead of is an effective way to show that we’re Right. bringing the budget deficit down. At serious about nonproliferation. Mr. Speaker, what does China have the same time it cuts Medicare by $162 to do before the White House wakes up? billion, it cuts Medicaid $72 billion, f Nuke Taiwan? Rape the Statute of Lib- again all to give a tax break to the erty? OBSTRUCTIONIST LIBERALS HOLD- wealthiest people in this country. ING UP THE HEALTH COVERAGE I think the facts are now clear and Mr. Speaker, it simply does not make evident. While China is kicking our as- AVAILABILITY AND AFFORD- sense. ABILITY ACT sets all the way from Beijing to the f east lawn, the White House keeps mak- (Mr. LEWIS of Kentucky asked and ing another deal. I do not know if we SUPPORT THE WORKER RIGHT TO was given permission to address the elected Monte Hall or what here. In KNOW ACT House for 1 minute and to revise and America the people govern. (Mr. BALLENGER asked and was extend his remarks.) Mr. Speaker, Congress should cancel given permission to address the House Mr. LEWIS of Kentucky. Mr. Speak- most-favored-nation trade status pork for 1 minute.) er, last week, the House and Senate for China. I yield back the balance of Mr. BALLENGER. Mr. Speaker, is it reached an agreement on a package of all jobs and money. fair that any union member should commonsense health care reforms. The June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6433 Health Coverage Availability and Af- and, second, will they be able to take it Middle America wants to see the def- fordability Act of 1996 ensures port- with them when they have to move icit decreased. Middle America does ability, it fights waste, fraud, and from one job to another? not want to see education and health abuse, it cuts redtape and creates a First, the good news. A bipartisan care programs cut while defense spend- medical savings account program to majority in the House and the Senate ing increases. Middle Americans are help the self-employed and employees supports passage of the Health Cov- willing to share in the sacrifice nec- of smaller businesses. erage Availability and Affordability essary to balance the budget. Yes, most Mr. Speaker, this is a win-win situa- Act, which addresses both of these support tax cuts. So do I. However, we tion for the American people. We em- problems. Now the bad news. One Mem- should not borrow money temporarily phasize people over bureaucracy, ber from the other side of the aisle in to pay for a tax cut if we are sacrific- choice over centralization. the other body is standing in the way ing the future of our children and But, unfortunately, a small group of because of his opposition to providing grandchildren. We must be willing to liberals in the other body have held up more Americans the option of choosing set our priorities straight and make this commonsense legislation for 57 a medical savings account, or MSA, for the tough choices necessary to balance days. These liberals are holding out for their health insurance. the budget. the centralized Clinton Care that was Dozens of companies and thousands f rejected by Congress and the American of employees around the country have END THE APATHY AND THE POL- people 2 years ago. MSAs. They love MSA’s for three rea- ICY OF APPEASEMENT TOWARD Mr. Speaker, we should break this sons. MSA’s give employees control CHINA logjam. Obstructionist liberals should over how their health care dollars are end their campaign to take over the spent and make them careful but satis- (Mr. STEARNS asked and was given Nation’s health care system. fied shoppers. permission to address the House for 1 f b 1415 minute and to revise and extend his re- marks.) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ANNOUNCEMENT BY THE SPEAKER Mrs. SCHROEDER. Mr. Speaker, I Mr. STEARNS. Mr. Speaker, in 1980, PRO TEMPORE thought the Chair had said that we China was first granted MFN status. The SPEAKER pro tempore. The could not impugn motives to Members Since then, very little has changed. In Chair would remind all members it is of the other body. fact, it would be easy to argue that the not in order to cast reflections on the The SPEAKER pro tempore (Mr. situation has worsened. In the last 5 Senate or its Members, individually or WELLER). The gentlewoman is correct. years, China has accumulated a $117 collectively. The Chair was attempting to ask the billion trade surplus with the United States, most of which is being used by f gentleman to suspend. The Chair would ask that Members the Chinese Government to build a war CONSTRUCTIVE ENGAGEMENT OR refrain from disparaging remarks machine—a United States financed and APPEASEMENT about Members of the other body. outfitted Communist army. Mr. BARTLETT of Maryland. Mr. Also troubling is the continued theft (Mr. DEFAZIO asked and was given Speaker, I mentioned no specific Mem- of American intellectual property permission to address the House for 1 rights. Even the Clinton administra- minute.) ber of the other body. Mr. Speaker, dozens of companies tion has called the Chinese ‘‘the most Mr. DEFAZIO. Mr. Speaker, we are and thousands of employees around the egregious violator of agreements in- told that the United States of America country have MSA’s. They love MSA’s tended to combat the piracy of Amer- is engaged in a policy of constructive for three reasons: MSA’s give employ- ican products. engagement with the gerontocracy ees control over how their health care Our apathy and appeasement have that runs China. We have just com- dollars are spent and make them care- actually worsened our position as a pleted our second annual negotiations ful but satisfied shoppers. They provide trade partner and as a steward of de- to allow the Chinese to continue to pi- them freedom from worry by eliminat- mocracy in one of the world’s most rate over $2 billion a year in intellec- ing out-of-pocket costs for those with volatile regions. tual property rights from American chronic or catastrophic illnesses. The House will soon vote to end Chi- companies. There is no change; they MSA’s save money for employees and na’s privilege. We will soon have the are still producing those disks today. for the companies. Americans want opportunity to send a message to the Yes, there was a little show of clos- this kind of health care coverage. We world that America will not support a ing down a few, but that will not last. should move to make it possible for rogue nation. We cannot continue to We are going to run a $41 billion deficit them. ignore the truth’ we must be proactive with China, the most unfair trading na- in changing China’s policies. tion on Earth, the most protectionist f f society on Earth. That means, accord- THE REPUBLICAN BUDGET DOES ing to our own Commerce Depart- NOT REFLECT THE PRIORITIES THE 1996 CHICAGO BULLS MADE ment’s numbers we are going to lose OF MIDDLE AMERICA AMERICA PROUD 800,000 jobs to the unfair trade prac- (Mr. MINGE asked and was given per- (Mr. DURBIN asked and was given tices of the People’s Republic of China. mission to address the House for 1 permission to address the House for 1 At some point the policy of construc- minute and to revise and extend his re- minute and to revise and extend his re- tive engagement starts to look an marks.) marks.) awful lot like appeasement, and we all Mr. MINGE. Mr. Speaker, despite the Mr. DURBIN. Mr. Speaker, let me know how effective the policy of ap- heated rhetoric surrounding the budget join the chorus of Chicagoans, Illinois- peasement was in dealing with Hitler’s debate, the Republican budget passed ans, and fans everywhere in saluting Third Reich. last week. It will tragically increase our world champion Chicago Bulls. The f the deficit from $130 billion to $153 bil- Seattle Supersonics were a worthy lion. Just when most of us who are team, but 1996 was the year of the ENDING HEALTH CARE REFORM deeply committed to deficit reduction Bulls: a regular season record of 72 vic- GRIDLOCK thought that we had the opportunity to tories, a playoff record of 15 wins and 3 (Mr. BARTLETT of Maryland asked address the budget in a forthright man- losses. and was given permission to address ner, we have been duped. If we have Why were they so successful? The the House for 1 minute and to revise learned anything about the tragic greatest coach in the NBA, Phil Jack- and extend his remarks.) budget debate of last year, we have son, the man who proved that Zen can Mr. BARTLETT of Maryland. Mr. learned that if it is going to succeed, win; the greatest player in the history Speaker, the American people have two the design and the details of the budget of the sport, Michael Jordan, whose major concerns about their health care must reflect the priorities of modern athletic ability is only surpassed by his insurance. One is can they afford it; Americans. class; and a great team, with players H6434 CONGRESSIONAL RECORD — HOUSE June 18, 1996 from Australia, Canada, Croatia, and continue now with some good biparti- and missile technologies to unsafe Mars. The 1996 Chicago Bulls made san support for deficit reduction and guarded countries like Iran and Paki- America proud: four championships in not increasing our Nation’s debt. stan, and all this money they earn 6 years, and more to come. f from their missile sales and trade con- f solidates their power to allow them to URGING SUPPORT FOR COMMON- continue to repress their people. Some COMMENDING THE FEDERAL BU- SENSE HEALTH CARE REFORM will say that economic reform will lead REAU OF INVESTIGATION FOR A (Mr. HASTERT asked and was given to political reform. This has not been JOB WELL DONE permission to address the House for 1 the case, even according to the Clinton (Mr. OXLEY asked and was given minute and to revise and extend his re- administration’s own country report. permission to address the House for 1 marks.) f minute and to revise and extend his re- Mr. HASTERT. Mr. Speaker, the marks.) time for health care reform is at hand. REJECT MOST-FAVORED-NATION Mr. OXLEY. Mr. Speaker, I rise to Congress, for the first time, will deliver TRADING STATUS FOR CHINA’S commend the Federal Bureau of Inves- health care reform that will attack DICTATORSHIP tigation and the Department of Justice waste and fraud, make health care (Mr. ROHRBACHER asked and was for the peaceful resolution reached last more affordable and make health care given permission to address the House Thursday in the armed standoff involv- insurance more available for the Amer- for 1 minute and to revise and extend ing the so-called Montana Freemen ican people. his remarks.) who are charged with threatening pub- The President has a simple choice. Mr. ROHRBACHER. Mr. Speaker, we lic officials and other crimes. He can do what the American people will be discussing most-favored-nation The potential for violence was high want, and sign this very important re- status for China. Of course, Communist throughout this confrontation. The form package. Or he can work to derail China is one of the worst violators, if fact that the suspects surrendered this reform bill and please the left wing not the worst violator, of human rights without a shot being fired speaks well of his party. in the world. If not one of the worst, it of FBI negotiations and the reforms in- According to press accounts, liberals is the worst in terms of stealing Amer- stituted at DOJ for dealing with such in the Democrat caucus are deathly ican technology and intellectual prop- crisis situations. afraid of medical savings accounts, be- erty rights. It is the worst violator of I particularly note FBI Director cause it gives more power to families our agreements to stop nuclear pro- Louis Freeh’s personal oversight of the to make their own health care deci- liferation. case and his determination to see the sions. It is, of course, one of the most bel- lessons of past standoffs institutional- These liberals want the Government ligerent countries in the world toward ized at the Bureau. Federal law en- to call the shots. They want Washing- its own neighbors. It is one of the worst forcement is the target of a great deal ton bureaucrats to decide what kind of protectionists. They have a totally un- of second-guessing when tragedies health care families can or can’t have. fair trading relationship with us, put- occur. They deserve recognition for Mr. Speaker, the American people ting our people out of work, making their professionalism when a tense sit- want health care portability. They tens of billions of dollars on that trad- uation is resolved peacefully. want to make health care insurance ing relationship. What do they do with Mr. Speaker, not every warrant can both available and affordable. And they those tens of billions of dollars? They be executed without incident. That want to get rid of the waste and fraud are building up their military, plus goes with the turf. All the more reason that every senior citizen knows is in they are bolstering their ability to to commend the FBI for a job well the health care delivery system. And copy our technology. done. they want it now. What more does it take before this f I urge my colleagues to support this administration and the powers that be commonsense reform. in this country realize that we should IT IS NOT TOO LATE TO REVERSE f not be treating Communist China, this THE ACTIONS OF LAST WEEK’S horrible violator of human rights, as BUDGET VOTE AND STILL CON- VOTING ‘‘NO’’ ON MOST-FAVORED- we do other democratic nations? If we TINUE TO ATTACK THE DEFICIT NATION STATUS FOR CHINA believe in free trade, let us have free (Mr. STENHOLM asked and was (Ms. PELOSI asked and was given trade between free people, instead of given permission to address the House permission to address the House for 1 bolstering dictatorships all over the for 1 minute and to revise and extend minute and to revise and extend her re- world with these favorable trade agree- his remarks.) marks.) ments at the expense of the American Mr. STENHOLM. Mr. Speaker, it is Ms. PELOSI. Mr. Speaker, at the be- people. No most-favored-nation status not too late to reverse the actions of ginning of June the President asked for for this dictatorship. last week’s budget vote and still con- a special waiver in order to grant most- f tinue to attack the deficit. I am very, favored-nation status to China. The very concerned that after 4 years of House will soon be taking up this vote. NO SPECIAL TRADING PRIVILEGES continuously declining deficit, we now In the past, since the Tiananmen TO THE BUTCHERS OF BEIJING see again in the chart that instead of Square massacre, I have worked with (Ms. KAPTUR asked and was given continuing the trend to balance, we are our colleagues to try to shape a com- permission to address the House for 1 going to borrow an additional $99 bil- promise measure. The actions on the minute and to revise and extend her re- lion over the next 2 years in order to part of the Chinese Government in marks.) give ourselves a tax cut with borrowed terms of violation of trade prolifera- Ms. KAPTUR. Mr. Speaker, today the money. That does not make sense. tion and human rights have been so ex- House Committee on Ways and Means Also when we look at the budget last treme that this year I am forced to will vote to renew Chinese most-fa- week, and now we hear the discussions vote no on MFN for China. vored-nation status, which means our going on about whether we are going to In terms of trade, the Chinese want country will again grant China the combine welfare and Medicaid with a favorable trade treatment for their same privileges in our market as we do tax cut, we find we are postponing the products coming into the United States to democratic states like England. difficult choices. The difficult cuts are while having huge barriers to United As the committee casts its vote, may going to be postponed until 2000, 2001, States products going to China, to the I remind my esteemed colleagues of the and 2002. tune of one-third of their exports com- Golden Rule: Free trade can only occur Mr. Speaker, please, let us reverse ing to the United States and only 2 per- among free people. By any measure, that. Let us get the House back in the cent of United States exports being al- China is not a nation of free people. same direction we were going in 4 con- lowed into China. Let me read from Amnesty Inter- secutive years of the deficit coming In terms of proliferation, the Chinese national’s report on China, and I quote: down. Let us not give up now. Let us are proliferating chemical, nuclear, ‘‘Torture remains endemic, causing June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6435 many deaths each year. The death pen- healthy, you get out of the pool. Who sible for this epidemic of hate must be alty is used extensively and arbitrarily do we leave in the pool? We are going held responsible for their acts. passing to instill fear. More people are exe- to have a whole lot of reforms that are this legislation will make that easier cuted every year in China than in all needed, but we are going to have pre- to accomplish, and I urge my col- other countries combined.’’ The list miums so high we will not be able to leagues to support this bill. goes on and on: Forced abortions, re- get there. f pression of ethnic and religious groups, I think it is very important to have both sides of this issue, and ‘‘Every- thousands of democracy activists jailed AN AMAZING TRICK every year. body in the pool’’ better have a real Given China’s lack of basic human meaning on this one. (Mr. SABO asked and was given per- freedoms, it should come as no surprise f mission to address the House for 1 that China does not have a free mar- minute and to revise and extend his re- ket. China remains one of the most b 1430 marks.) closed markets in the world. Why REPUBLICANS INCREASE BUDGET Mr. SABO. Mr. Speaker, this place al- should we be giving special privileges DEFICIT ways amazes me. Because of President to the butchers of Beijing? Clinton’s program, we had declining (Ms. DELAURO asked and was given f deficits for 4 years. Now we have the permission to address the House for 1 new Republican plan which amazingly THREE RESPONSES minute and to revise and extend her re- increases the deficit in the next 2 fiscal (Mr. WHITE asked and was given per- marks.) years. But what is even more surpris- mission to address the House for 1 Ms. DELAURO. Mr. Speaker, last ing is they not only manage to increase minute.) week the Republican leadership twisted the deficit for the next 2 years but at Mr. WHITE. Mr. Speaker, I have sat enough arms to pass their 1997 budget. the same time they manage to make in the Chamber today, and I have to re- And the result—broken arms and bro- devastating cuts in health programs spond to three things I have heard from ken promises. for the vulnerable in our country, par- the other side. Two summers ago the Republicans ticularly for our seniors. There lit- No. 1, on the budget, it is very inter- unveiled their Contract With America erally would be thousands of seniors, esting to hear people who have con- amid much fanfare. The Republicans generally poor elderly women, who trolled the House for 40 years talk promised to—and I quote—‘‘work to would see huge increases in their Medi- about how the Republican budget enact additional budget savings, be- care premiums and many other mil- somehow is not serious about control- yond the budget cuts specifically in- lions of Americans who would be sub- ling the budget and getting the deficit cluded in the contract, to ensure that ject to changes in Medicaid that would under control. It is the only budget the Federal budget deficit will be less leave their health care in question. that is going to do that, and I think than it would have been without the Mr. Speaker, this is really an amaz- most of us know that. enactment of these bills.’’ Well—a lot ing trick. Two years of rising deficits No. 2, on health care, we have a good has happened since then. and at the same time program cuts plan that we have agreed to. It gets The budget passed by the Repub- that devastate millions of Americans. costs under control for the first time. licans last week—by their own admis- It is a plan that people should support. sion—increases the deficit for the first f No. 3, one of the most outrageous time in 3 years. The Republicans have BEIJING’S RADIOACTIVE things I have heard on the House floor come to Washington and done exactly RACKETEERING for a long time has to do with the Chi- what they promised they would not cago Bulls. Sure, they played a good do—increase the deficit. (Mr. MARKEY asked and was given game. Sure, they are a good team. The I guess we now know for sure that permission to address the House for 1 fact is the Bulls were lucky. The the promises the Republican Party minute.) Sonics will be back next year, and the made to the American people aren’t Mr. MARKEY. China is an atomic Al Bulls had better be thankful there were worth the paper they are written on. Capone with a radioactive racketeering not a few more games left this year, be- f rap sheet a mile long. cause they would have been in big trou- Each passing day brings new details SUPPORT CHURCH ARSON ble this year. about Beijing’s illegal nuclear pro- PREVENTION ACT OF 1996 f liferation activities. China sold ring (Mrs. KENNELLY asked and was magnets to Pakistan that are impor- NO ONE OUT OF THE POOL given permission to address the House tant in the production of material for (Mrs. SCHROEDER asked and was for 1 minute.) nuclear weapons. China sold cruise given permission to address the House Mrs. KENNELLY. Mr. Speaker, I rise missiles to Iran which can be used to for 1 minute and to revise and extend today in support of the Church Arson deliver nuclear weapons. China sold nu- her remarks.) Prevention Act of 1996. Our country has clear-capable M–11 missiles to Paki- Mrs. SCHROEDER. Mr. Speaker, it is been experiencing a wave of church stan that now may be assembled and summertime. When most Americans burnings, which so far has claimed the ready to go. Just last week, media re- hear ‘‘Everybody in the pool,’’ they homes of 34 African-American con- ports indicated that the missiles were think it is a great cry to join in the gregations. probably ready to be fitted with nu- fun. But we have been hearing pleas for In the midst of the anger and sadness clear warheads. health care reform from the other side we feel at these events, it has been Beijing’s response to American in- of the aisle, and they are absolutely heartening to see thousands of Ameri- quiries about its illegal transfers can right. We desperately need many of the cans joining together to express their be summed up by 3 words: Obfuscate provisions in that health care reform. moral outrage. We understand that and proliferate. What they forget to tell us is that the these churches are the hearts and souls China’s rulers have provided plenty basic premise of a good insurance pro- of their communities. Striking at them of well-timed nods, winks, private gram is everybody stays in the pool, is an assault on the very values that toasts, clarifications, and assurances. because we can only keep premiums unite us as Americans. But they continue to sell sophisticated down if everybody stays in the pool. But important as it is to speak out nuclear weapon-related equipment to The other side forgets to tell us that against these attacks, our voices alone the world’s troublemakers. they are only going to give us those re- may not be enough. We need something If China wants to be the inter- forms if they are allowed to drop a lad- more. We need to put some teeth in the national Kmart for nuclear weapons, der in the pool. The name of that lad- law. Today, with passage of this legis- then the United States needs to tell der is MSA. Meet MSA. Think MSA. It lation, we take that step. them that they have to shop other means ladder. It means if you are rich, Let the commitment of this Congress places in this would if they want Amer- you can get out of the pool. If you are be clear: We believe that those respon- ican goods. H6436 CONGRESSIONAL RECORD — HOUSE June 18, 1996 NEW JERSEY’S NEW GENETIC TIME TO PASS HEALTH REFORM TITLE I—CAPITAL MARKETS DEREGULATION AND LIBERALIZATION ANTIDISCRIMINATION LEGISLA- (Mr. GENE GREEN of Texas asked TION Sec. 101. Short title. and was given permission to address Sec. 102. Creation of national securities (Ms. SLAUGHTER asked and was the House for 1 minute and to revise markets. given permission to address the House and extend his remarks.) Sec. 103. Margin requirements. for 1 minute and to revise and extend Mr. GENE GREEN of Texas. Mr. Sec. 104. Prospectus delivery. her remarks.) Speaker, now that the leadership in the Sec. 105. Exemptive authority. Sec. 106. Promotion of efficiency, competi- Ms. SLAUGHTER. Mr. Speaker, I was Senate has changed, we are beginning tion, and capital formation. pleased to read today that the New Jer- to see some real movement on the Ken- Sec. 107. Privatization of EDGAR. sey Legislature approved legislation to nedy-Kassebaum health care reform Sec. 108. Coordination of Examining Au- prohibit health insurance companies bill. thorities. from discriminating against consumers Unlike Bob Dole, the current major- Sec. 109. Foreign press conferences. based on their genetic information. Sec. 110. Report on Trust Indenture Act of ity leader in the Senate understands 1939. This bill was passed unanimously, the urgency to bring this bill to a vote TITLE II—INVESTMENT COMPANY ACT showing the broad, bipartisan consen- and is working toward an agreement. AMENDMENTS sus on the need for the legislation. For months and even years, Ameri- Sec. 201. Short title. On the Federal level, I have intro- cans have been asking for portability Sec. 202. Funds of funds. duced comprehensive legislation to ban in health insurance and coverage for Sec. 203. Registration of securities. discrimination in health insurance. preexisting conditions. But House Re- Sec. 204. Investment company advertising No one, Mr. Speaker, should be pun- publicans have demanded the inclusion prospectus. ished for simply having the genes they Sec. 205. Variable insurance contracts. of full-fledged medical savings ac- Sec. 206. Reports to the Commission and inherited. counts, the so-called MSA’s, mal- shareholders. We are already hearing terrible sto- practice reform and the taking away of Sec. 207. Books, records and inspections. ries about people denied coverage for State regulation over multiple em- Sec. 208. Investment company names. genetic disorders because of preexist- ployer welfare plans, or the MEWA’s. Sec. 209. Exceptions from definition of in- vestment company. ing conditions. That inclusion of issues will kill the Our understanding of genetics and TITLE III—SECURITIES AND EXCHANGE bill. COMMISSION AUTHORIZATION the role they play in disease are pro- Americans want the ability to take gressing at breakneck speed, especially Sec. 301. Short title. their insurance coverage with them Sec. 302. Purposes. through programs like the Human Ge- when they change jobs and they want Sec. 303. Authorization of appropriations. nome Project. to be covered for preexisting condi- Sec. 304. Registration fees. We have identified genes associated tions. The Kassebaum-Kennedy bill Sec. 305. Transaction fees. with breast cancer, cystic fibrosis, Alz- Sec. 306. Time for payment. makes this possible. It is time to stop Sec. 307. Sense of the Congress concerning heimer’s, and, most recently, skin can- playing games with the American peo- cer. fees. ple and pass reasonable health care re- TITLE I—CAPITAL MARKETS Our lives must keep pace to protect form now. consumers from the abuse of personal DEREGULATION AND LIBERALIZATION information and that protection should f SEC. 101. SHORT TITLE. be nationwide. This title may be cited as the ‘‘Capital ANNOUNCEMENT BY THE SPEAKER Markets Deregulation and Liberalization Act Therefore, I urge my colleagues to PRO TEMPORE of 1996’’. support H.R. 2847, cosponsored in the The SPEAKER pro tempore (Mr. SEC. 102. CREATION OF NATIONAL SECURITIES Senate by Senator SNOWE of Maine. MARKETS. WELLER). Pursuant to the provisions of f (a) SECURITIES ACT OF 1933.— clause 5 of rule I, the Chair announces (1) AMENDMENT.—Section 18 of the Securi- TOLL INCREASES IN CHURCH that he will postpone further proceed- ties Act of 1933 (15 U.S.C. 77r) is amended to BURNINGS ings today on each motion to suspend read as follows: (Mr. THOMPSON asked and was the rules on which a recorded vote or ‘‘SEC. 18. EXEMPTION FROM STATE REGULATION given permission to address the House the yeas and nays are ordered or on OF SECURITIES OFFERINGS. ‘‘(a) SCOPE OF EXEMPTION.—Except as oth- for 1 minute.) which the vote is objected to under clause 4 of rule XV. erwise provided in this section, no law, rule, Mr. THOMPSON. Mr. Speaker, for 109 regulation, or order, or other administrative years the Mount Pleasant Missionary Such rollcall votes, if postponed, will action of any State or Territory of the Unit- Baptist Church has served the people of be taken after debate has concluded on ed States, or the District of Columbia, or the small rural town of Kossuth, MS. all motions to suspend the rules. any political subdivision thereof— Today all that remains of that church f ‘‘(1) requiring, or with respect to, registra- and the Central Grove Baptist Church, tion or qualification of securities, or reg- another small black church barely 5 SECURITIES AMENDMENTS OF 1996 istration or qualification of securities trans- miles away, is ashes. actions, shall directly or indirectly apply to Mr. BLILEY. Mr. Speaker, I move to a security that— The members of these two churches suspend the rules and pass the bill ‘‘(A) is a covered security; or awoke this morning to find their (H.R. 3005) to amend the Federal secu- ‘‘(B) will be a covered security upon com- names added to the long toll of over 100 rities laws in order to promote effi- pletion of the transaction; heartbroken congregations since 1991. ciency and capital formation in the fi- ‘‘(2) shall directly or indirectly prohibit, Though they rise from their beds sur- nancial markets, and to amend the In- limit, or impose conditions upon the use of— rounded by ruins, the people of these vestment Company Act of 1940 to pro- ‘‘(A) with respect to a covered security de- two churches did not awake to defeat, mote more efficient management of scribed in subsection (b)(1) or (c)(1)— ‘‘(i) any offering document that is prepared but determination. mutual funds, protect investors, and You see Mr. Speaker, these two Mis- by the issuer; or provide more effective and less burden- ‘‘(ii) any offering document that is not pre- sissippi churches were built years ago some regulation, as amended. pared by the issuer if such offering document with old bricks and wood by the sons The Clerk read as follows: is required to be and is filed with the Com- and daughters of slaves. The structures H.R. 3005 mission or any national securities organiza- may be burned, but their foundations tion registered under section 15A of the Se- Be it enacted by the Senate and House of Rep- curities Exchange Act of 1934 (15 U.S.C. 78o- were laid in the spirit of hope, and nei- resentatives of the United States of America in 3); ther hatred nor evil has the power to Congress assembled, ‘‘(B) with respect to a covered security de- destroy them forever. It is the spirit of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. these congregations that will rise, scribed in paragraph (2), (3), or (4) of sub- (a) SHORT TITLE.—This Act may be cited as section (b), any offering document; or steeped in faith, to take up hammers the ‘‘Securities Amendments of 1996’’. ‘‘(C) any proxy statement, report to share- and mortar to rebuild our churches. (b) TABLE OF CONTENTS.—The table of con- holders, or other disclosure document relat- Those of you who come in the dark tents of this Act is as follows: ing to a covered security or the issuer there- shadows, beware. Sec. 1. Short title; table of contents. of that is required to be and is filed with the June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6437

Commission or any national securities orga- ‘‘(B) such security is the subject of a reg- ‘‘(B) MISCONDUCT EXEMPTIONS.—The limita- nization registered under section 15A of the istration statement that is filed with the tions in paragraph (3)(A) shall not apply if Securities Exchange Act of 1934 (15 U.S.C. Commission pursuant to this title; and the Commission has exempted the subject 78o-3); or ‘‘(C) the issuer files with such registration person from the application of such para- ‘‘(3) shall directly or indirectly prohibit, statement audited financial statements for graph by rule or order, and the limitations in limit, or impose conditions, based on the each of the two most recent fiscal years of paragraph (3)(B) shall not apply if the securi- merits of such offering or issuer, upon the its operations ending before the filing of the ties commission (or any agency or office per- offer or sale of any security described in registration statement. forming like functions) of the affected State paragraph (1). ‘‘(2) LIMITATIONS FOR CERTAIN OFFERINGS.— has exempted the subject person from the ap- Notwithstanding paragraph (1), a security is plication of such paragraph by rule or order. ‘‘(b) COVERED SECURITIES.—For purposes of not a covered security if such security is— ‘‘(C) REASONABLE STEPS.—The provisions of this section, the following are covered secu- ‘‘(A) a security of an issuer which is a paragraph (3) shall not apply if the issuer has rities: blank check company (as defined in section taken reasonable steps to ascertain whether ‘‘(1) EXCLUSIVE FEDERAL REGISTRATION OF 7(b) of this title), a partnership, a limited li- any principal officer or principal shareholder NATIONALLY TRADED SECURITIES.—A security ability company, or a direct participation in- is subject to such paragraph, and such steps is a covered security if such security is— vestment program; do not reveal a person who is subject to such ‘‘(A) listed, or authorized for listing, on the ‘‘(B) a penny stock (as such term is defined paragraph. An issuer shall be considered to New York Stock Exchange or the American in section 3(a)(51) of the Securities Exchange have taken reasonable steps if such issuer or Stock Exchange, or included or qualified for Act of 1934 (15 U.S.C. 78c(a)(51)); or its agent has conducted a search of any cen- inclusion in the National Market System of ‘‘(C) a security issued in an offering relat- tralized data bases that the Commission may the National Association of Securities Deal- ing to a rollup transaction (as such term is designate by rule, and has received an affida- ers Automated Quotation System (or any defined in paragraphs (4) and (5) of section vit under oath by each such principal officer successor to such entities); 14(h) of such Act (15 U.S.C. 78n(h)(4), (5)). or principal shareholder stating that such of- ‘‘(B) listed, or authorized for listing, on a ‘‘(3) LIMITATIONS BASED ON MISCONDUCT.— ficer or shareholder is not subject to the pro- national securities exchange (or tier or seg- Notwithstanding paragraph (1), a security is visions of paragraph (3). ment thereof) that has listing standards that not a covered security— ‘‘(D) EFFECT OF LIMITATIONS ON REMEDIES.— the Commission determines by rule (on its ‘‘(A) with respect to any State, if the is- Notwithstanding paragraph (3), an issuer own initiative or on the basis of a petition) suer, or a principal officer or principal share- shall not be subject to a right of rescission are substantially similar to the listing holder thereof— under State securities laws solely as a result standards applicable to securities described ‘‘(i) is subject to a statutory disqualifica- of the operation of such paragraph. tion, as defined in subparagraph (A), (B), (C), in subparagraph (A); or ‘‘(5) NO EFFECT UNDER SUBSECTION (B).—No ‘‘(C) is a security of the same issuer that is or (D) of section 3(a)(39) of the Securities Ex- limitation under this subsection shall affect equal in seniority or senior to a security de- change Act of 1934 (15 U.S.C. 78c(a)(39)); the treatment of a security that qualifies as scribed in subparagraph (A) or (B). ‘‘(ii) has been convicted within 5 years a covered security under subsection (b). prior to the offering of any felony under Fed- ‘‘(2) EXCLUSIVE FEDERAL REGISTRATION OF ‘‘(d) PRESERVATION OF AUTHORITY.— INVESTMENT COMPANIES.—A security is a cov- eral or State law in connection with the offer, purchase, or sale of any security, or ‘‘(1) FRAUD AUTHORITY.—Consistent with ered security if such security is a security is- this section, the securities commission (or sued by an investment company that is reg- any felony under Federal or State law in- volving fraud or deceit; or any agency or office performing like func- istered under the Investment Company Act tions) of any State or Territory of the Unit- of 1940 (15 U.S.C. 80a et seq.). ‘‘(iii) is currently named in and subject to any order, judgment, or decree of any court ed States, or the District of Columbia, shall ‘‘(3) SALES TO QUALIFIED PURCHASERS.—A retain jurisdiction under the laws of such security is a covered security with respect to of competent jurisdiction acting pursuant to Federal or State law temporarily or perma- State, Territory, or District to investigate the offer or sale of the security to qualified and bring enforcement actions with respect purchasers, as defined by the Commission by nently restraining or enjoining such issuer, officer, or shareholder from engaging in or to fraud or deceit in connection with securi- rule. In prescribing such rule, the Commis- ties or securities transactions. sion may define qualified purchaser dif- continuing any conduct or practice in con- nection with a security; or ‘‘(2) PRESERVATION OF FILING REQUIRE- ferently with respect to different categories MENTS.— of securities, consistent with the public in- ‘‘(B) with respect to a particular State, if the issuer, or a principal officer or principal ‘‘(A) NOTICE FILINGS PERMITTED.—Nothing terest and the protection of investors. shareholder thereof— contained in this section shall prohibit the ‘‘(4) EXEMPTION IN CONNECTION WITH CER- ‘‘(i) has filed a registration statement securities commission (or any agency or of- TAIN EXEMPT OFFERINGS.—A security is a cov- which is the subject of a currently effective fice performing like functions) of any State ered security if— stop order entered pursuant to that State’s or Territory of the United States, or the Dis- ‘‘(A) the offer or sale of such security is ex- securities laws within 5 years prior to the of- trict of Columbia, from requiring the filing empt from registration under this title pur- fering; of any documents filed with the Commission suant to section 4(1) or 4(3), and— ‘‘(ii) is currently named in and subject to pursuant to this title solely for notice pur- ‘‘(i) the issuer of such security files reports any administrative enforcement order or poses, together with any required fee. with the Commission pursuant to section 13 judgment of that State’s securities commis- ‘‘(B) PRESERVATION OF FEES.—Until other- or 15(d) of the Securities Exchange Act of sion (or any agency or office performing like wise provided by State law enacted after the 1934 (15 U.S.C. 78m, 78o(d)); or functions) entered within 5 years prior to the date of enactment of the Securities Amend- ‘‘(ii) the issuer is exempt from filing such offering, or is currently named in and sub- ments of 1996, filing or registration fees with reports; ject to any other administrative enforce- respect to securities or securities trans- ‘‘(B) such security is exempt from registra- ment order or judgment of that State en- actions may continue to be collected in tion under this title pursuant to section 4(4); tered within 5 years prior to the offering amounts determined pursuant to State law ‘‘(C) the offer or sale of such security is ex- that finds fraud or deceit; or as in effect on the day before such date. empt from registration under this title pur- ‘‘(iii) is currently named in and subject to ‘‘(C) FEES NOT PERMITTED ON LISTED SECURI- suant to section 3(a), other than the offer or any administrative enforcement order or TIES.—Notwithstanding subparagraphs (A) sale of a security that is exempt from such judgment of that State which prohibits or and (B), no filing or fee may be required with registration pursuant to paragraph (4) or (11) denies registration, or revokes the use of any respect to any security that is a covered se- of such section, except that a municipal se- exemption from registration, in connection curity pursuant to subsection (b)(1) of this curity that is exempt from such registration with the offer, purchase, or sale of securities. section, or will be such a covered security pursuant to paragraph (2) of such section is ‘‘(4) EXCEPTIONS TO LIMITATIONS.— upon completion of the transaction, or is a not a covered security with respect to the ‘‘(A) DEBT SECURITY EXEMPTION.—The limi- security of the same issuer that is equal in offer or sale of such security in the State in tations in paragraph (2)(A) shall not apply seniority or senior to a security that is a which the issuer of such security is located; with respect to the debt securities of any is- covered security pursuant to such sub- or suer that is a partnership or limited liability section. ‘‘(D) the offer or sale of such security is ex- company, provided that (i) the issuer is ei- ‘‘(3) ENFORCEMENT OF REQUIREMENTS.— empt from registration under this title pur- ther a registered dealer or an affiliate of Nothing in this section shall prohibit the se- suant to Commission rule or regulation such a dealer, (ii) the issuer has, both before curities commission (or any agency or office under section 4(2) of this title. and after the offering, capital or equity (each performing like functions) of any State or ‘‘(c) CONDITIONALLY COVERED SECURITIES.— computed in accordance with United States Territory of the United States, or the Dis- ‘‘(1) FEDERALLY REGISTERED OFFERINGS.— generally accepted accounting principles) of trict of Columbia, from suspending the offer Subject to the limitations contained in para- not less than $75,000,000, and (iii) if the issuer or sale of securities within such State, Terri- graphs (2) and (3), a security is a covered se- is not a registered dealer, such issuer does tory, or District as a result of the failure to curity if— not use the proceeds of the offering pri- submit any filing or fee required under law ‘‘(A) the issuer of such security has (or will marily to fund the nonfinancial business of and permitted under this section. have upon conclusion of the transaction) the issuer or any of its affiliates that are not ‘‘(e) DEFINITIONS.—For purposes of this sec- total assets exceeding $10,000,000; registered dealers. tion: H6438 CONGRESSIONAL RECORD — HOUSE June 18, 1996

‘‘(1) PRINCIPAL OFFICER.—The term ‘prin- State prior to effecting a transaction de- SEC. 103. MARGIN REQUIREMENTS. cipal officer’ means a director, chief execu- scribed in paragraph (3) for a customer in (a) MARGIN REQUIREMENTS.— tive officer, or chief financial officer of an is- such State if— (1) EXTENSIONS OF CREDIT BY BROKER-DEAL- suer, or any other officer performing like ‘‘(A) such transaction is effected on behalf ERS.—Section 7(c) of the Securities Exchange functions. of a customer that, for 30 days prior to the Act of 1934 (15 U.S.C. 78g(c)) is amended to ‘‘(2) PRINCIPAL SHAREHOLDER.—The term day of the transaction, maintains an account read as follows: ‘principal shareholder’ means any person with the broker or dealer; ‘‘(c) UNLAWFUL CREDIT EXTENSION TO CUS- who is directly or indirectly the beneficial ‘‘(B) such associated person is not ineli- TOMERS.— owner of more than 20 percent of any class of gible to register with such State for any rea- ‘‘(1) PROHIBITION.—It shall be unlawful for equity security of an issuer. When two or son other than such a transaction; any member of a national securities ex- more persons act as a partnership, limited ‘‘(C) such associated person is registered change or any broker or dealer, directly or partnership, syndicate, or other group for with a registered securities association and indirectly, to extend or maintain credit or the purpose of acquiring, holding, or dispos- at least one State; and arrange for the extension or maintenance of ing of securities of an issuer, such syndicate ‘‘(D) the broker or dealer with which such credit to or for any customer— or group shall be deemed a ‘person’ for pur- person is associated is registered with such ‘‘(A) on any security (other than an ex- poses of this paragraph. In determining, for State. empted security), in contravention of the purposes of this paragraph, any percentage ‘‘(3) DESCRIBED TRANSACTIONS.—A trans- rules and regulations which the Board of of a class of any security, such class shall be action is described in this paragraph if— Governors of the Federal Reserve System deemed to consist of the amount of the out- ‘‘(A) such transaction is effected by an as- shall prescribe under subsections (a) and (b) standing securities of such class, exclusive of sociated person (i) to which the customer of this section; any securities of such class held by or for the was assigned for 14 days prior to the day of ‘‘(B) without collateral or on any collat- account of the issuer or a subsidiary of the the transaction, and (ii) who is registered eral other than securities, except in accord- issuer. with a State in which the customer was a ance with such rules and regulations as the ‘‘(3) OFFERING DOCUMENT.—The term ‘offer- resident or was present for at least 30 con- Board of Governors of the Federal Reserve ing document’ has the meaning given the secutive days during the one-year period System may prescribe— term ‘prospectus’ by section 2(10), but with- prior to the transaction; except that, if the ‘‘(i) to permit under specified conditions out regard to the provisions of clauses (a) customer is present in another State for 30 and for a limited period any such member, and (b) of such section, except that, with re- or more consecutive days or has perma- broker, or dealer to maintain a credit ini- spect to a security described in subsection nently changed his or her residence to an- tially extended in conformity with the rules (b)(2) of this section, such term also includes other State, such transaction is not de- and regulations of the Board of governors of a communication that is not deemed to offer scribed in this subparagraph unless the asso- the Federal Reserve System; and such a security pursuant to a rule of the ciated person files with such State an appli- ‘‘(ii) to permit the extension or mainte- Commission. cation for registration within 10 calendar nance of credit in cases where the extension ‘‘(4) PREPARED BY THE ISSUER.—Within 6 days of the later of the date of the trans- or maintenance of credit is not for the pur- months after the date of enactment of the action or the date of the discovery of the pose of purchasing or carrying securities or Securities Amendments of 1996, the Commis- presence of the customer in the State for 30 of evading or circumventing the provisions sion shall, by rule, define the term ‘prepared or more consecutive days or the change in of subparagraph (A) of this paragraph. by the issuer’ for purposes of this section.’’. the customer’s residence; ‘‘(2) EXCEPTION.—This subsection and the (2) STUDY OF UNIFORMITY.—The Securities ‘‘(B) the transaction is effected within the rules and regulations thereunder shall not Exchange Commission shall conduct a study period beginning on the date on which such apply to any credit extended, maintained, or after consultation with States, issuers, bro- associated person files with the State in arranged by a member of a national securi- kers, and dealers on the extent to which uni- which the transaction is effected an applica- ties exchange or a broker or dealer to or for formity of State regulatory requirements for tion for registration and ending on the ear- a member of a national securities exchange securities or securities transactions has been lier of (i) 60 days after the date the applica- or a registered broker or dealer— achieved for securities that are not covered tion is filed, or (ii) the time at which such ‘‘(A) a substantial portion of whose busi- securities (within the meaning of section 18 State notifies the associated person that it ness consists of transactions with persons of the Securities Act of 1933 as amended by has denied the application for registration or other than brokers or dealers; or paragraph (1) of this subsection). Such study has stayed the pendency of the application ‘‘(B) to finance its activities as a market shall specifically focus on the impact of such for cause; or maker or an underwriter; uniformity or lack thereof on the cost of ‘‘(C) the transaction is one of 10 or fewer capital, innovation and technological devel- transactions in a calendar year (excluding except that the Board of Governors of the opment in securities markets, and duplica- any transactions described in subparagraph Federal Reserve System may impose such tive regulation with respect to securities is- (A) or (B)) which the associated person ef- rules and regulations, in whole or in part, on suers (including small business), brokers, fects in the States in which the associated any credit otherwise exempted by this para- and dealers and the effect on investor protec- person is not registered. graph if it determines that such action is tion. The Commission shall submit to the ‘‘(4) ALTERNATE ASSOCIATED PERSONS.—For necessary or appropriate in the public inter- Congress a report on the results of such purposes of paragraph (3)(A)(ii), each of up to est or for the protection of investors.’’. study within one year after the date of en- 3 associated persons who are designated to (2) EXTENSIONS OF CREDIT BY OTHER LEND- actment of this Act. effect transactions during the absence or un- ERS.—Section 7(d) of the Securities Exchange (b) BROKER/DEALER REGULATION.— availability of the principal associated per- Act of 1934 (78 U.S.C. 78g(d)) is amended to (1) AMENDMENT.—Section 15 of the Securi- son for a customer may be treated as an as- read as follows: ties Exchange Act of 1934 (15 U.S.C. 78o) is sociated person to which such customer is ‘‘(d) UNLAWFUL CREDIT EXTENSION IN VIO- amended by adding at the end the following assigned for purposes of such paragraph.’’. LATION OF RULES AND REGULATIONS; EXCEP- new subsection: (2) STUDY.—Within 6 months after the date TION TO APPLICATION OF RULES, ETC.— ‘‘(h) LIMITATIONS ON STATE LAW.— of enactment of this Act, the Commission, ‘‘(1) PROHIBITION.—It shall be unlawful for ‘‘(1) CAPITAL, MARGIN, BOOKS AND RECORDS, after consultation with registered securities any person not subject to subsection (c) of BONDING, AND REPORTS.—No law, rule, regula- associations, national securities exchanges, this section to extend or maintain credit or tion, or order, or other administrative action and States, shall conduct a study of— to arrange for the extension or maintenance of any State or political subdivision thereof (A) the impact of disparate State licensing of credit for the purpose of purchasing or shall establish capital, custody, margin, fi- requirements on associated persons of reg- carrying any security, in contravention of nancial responsibility, making and keeping istered brokers or dealers; and such rules and regulations as the Board of records, bonding, or financial or operational (B) methods for States to attain uniform Governors of the Federal Reserve System reporting requirements for brokers, dealers, licensing requirements for such persons. shall prescribe to prevent the excessive use municipal securities dealers, government se- (3) REPORT.—Within one year after the of credit for the purchasing or carrying of or curities brokers, or government securities date of enactment of this Act, the Commis- trading in securities in circumvention of the dealers that differ from, or are in addition sion shall submit to the Congress a report on other provisions of this section. Such rules to, the requirements in those areas estab- the study conducted under paragraph (2). and regulations may impose upon all loans lished under this title. The Commission shall Such report shall include recommendations made for the purpose of purchasing or carry- consult periodically the securities commis- concerning appropriate methods described in ing securities limitations similar to those sions (or any agency or office performing paragraph (2)(B), including any necessary imposed upon members, brokers, or dealers like functions) of the States concerning the legislative changes to implement such rec- by subsection (c) of this section and the rules adequacy of such requirements as estab- ommendations. and regulations thereunder. lished under this title. (4) TECHNICAL AMENDMENT.—Section 28(a) ‘‘(2) EXCEPTIONS.—This subsection and the ‘‘(2) EXEMPTION TO PERMIT SERVICE TO CUS- of the Securities Exchange Act of 1934 (15 rules and regulations thereunder shall not TOMERS.—No law, rule, regulation, or order, U.S.C. 78bb(a)) is amended by striking apply to any credit extended, maintained, or or other administrative action of any State ‘‘Nothing’’ and inserting ‘‘Except as other- arranged— or political subdivision thereof shall require wise specifically provided elsewhere in this ‘‘(A) by a person not in the ordinary course an associated person to register with such title, nothing’’. of business; June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6439 ‘‘(B) on an exempted security; priate in the public interest, and is consist- SEC. 108. COORDINATION OF EXAMINING AU- ‘‘(C) to or for a member of a national secu- ent with the protection of investors. The THORITIES. rities exchange or a registered broker or Commission shall by rules and regulations (a) AMENDMENTS.—Section 17 of the Securi- dealer— determine the procedures under which an ex- ties Exchange Act of 1934 (15 U.S.C. 78q) is ‘‘(i) a substantial portion of whose business emptive order under this section shall be amended by adding at the end the following consists of transactions with persons other granted and may, in its sole discretion, de- new subsection: than brokers or dealers; or cline to entertain any application for an ‘‘(i) COORDINATION OF EXAMINING AUTHORI- TIES.— ‘‘(ii) to finance its activities as a market order of exemption under this section. ‘‘(1) ELIMINATION OF DUPLICATION.—The maker or an underwriter; ‘‘(b) LIMITATION.—The Commission shall Commission and the examining authorities, ‘‘(D) by a bank on a security other than an not exercise authority under this section to through cooperation and coordination of ex- equity security; or exempt any person, security, or transaction, amination and oversight as required by this ‘‘(E) as the Board of Governors of the Fed- or any class or classes of persons, securities, subsection, shall eliminate any unnecessary eral Reserve System shall, by such rules, or transactions, from section 15C of this title and burdensome duplication in the examina- regulations, or orders as it may deem nec- or the rules or regulations thereunder, or tion process. essary or appropriate in the public interest (for purposes of such section 15C or such ‘‘(2) PLANNING CONFERENCES.— or for the protection of investors, exempt, ei- rules or regulations) from the definitions in paragraphs (42) through (45) of section 3(a) of ‘‘(A) The Commission and the examining ther unconditionally or upon specified terms authorities shall meet at least annually for a this title.’’. and conditions or for stated periods, from national general planning conference to dis- the operation of this subsection and the SEC. 106. PROMOTION OF EFFICIENCY, COMPETI- cuss coordination of examination schedules TION, AND CAPITAL FORMATION. rules and regulations thereunder; and priorities and other areas of interest rel- (a) SECURITIES ACT OF 1933.—Section 2 of except that the Board of Governors of the the Securities Act of 1933 (15 U.S.C. 77b) is evant to examination coordination and co- Federal Reserve System may impose such amended— operation. rules and regulations, in whole or in part, on ‘‘(B) Within each geographic region des- (1) by inserting ‘‘(a) DEFINITIONS.—’’ after any credit otherwise exempted by subpara- ignated by the Commission, the Commission ‘‘SEC. 2.’’; and graph (C) of this paragraph if it determines and the relevant examining authorities shall (2) by adding at the end the following new that such action is necessary or appropriate meet at least annually for a regional plan- subsection: in the public interest or for the protection of ning conference to discuss examination ‘‘(b) CONSIDERATION OF PROMOTION OF EFFI- investors.’’. schedules and priorities and other areas of CIENCY, COMPETITION, AND CAPITAL FORMA- (b) BORROWING BY MEMBERS, BROKERS, AND related interest, and to encourage informa- TION.—Whenever pursuant to this title the DEALERS.—Section 8 of the Securities Ex- Commission is engaged in rulemaking and is tion-sharing and to avoid unnecessary dupli- change Act of 1934 (15 U.S.C. 78h) is amend- required to consider or determine whether an cation of examinations. ed— ‘‘(3) COORDINATION TRACKING SYSTEM FOR action is necessary or appropriate in the (1) by striking subsection (a), and BROKER-DEALER EXAMINATIONS.— public interest, the Commission shall also (2) by redesignating subsections (b) and (c) ‘‘(A) The Commission and the examining consider, in addition to the protection of in- as subsections (a) and (b), respectively. authorities shall prepare, on a periodic basis vestors, whether the action will promote ef- in a uniform computerized format, informa- SEC. 104. PROSPECTUS DELIVERY. ficiency, competition, and capital forma- tion on registered broker and dealer exami- (a) REPORT ON ELECTRONIC DELIVERY.— tion.’’. Within six months after the date of enact- (b) SECURITIES EXCHANGE ACT of 1934.—Sec- nations and shall submit such information to ment of this Act, the Commission shall re- tion 3 of the Securities Exchange Act of 1934 the Commission. port to Congress on the steps the Commis- (15 U.S.C. 78c) is amended by adding at the ‘‘(B) The Commission shall maintain a sion has taken, or anticipates taking, to fa- end the following new subsection: computerized database of consolidated exam- cilitate the electronic delivery of ‘‘(f) CONSIDERATION OF PROMOTION OF EFFI- ination information to be used for examina- prospectuses to institutional and other in- CIENCY, COMPETITION, AND CAPITAL FORMA- tion planning and scheduling and for mon- vestors. TION.—Whenever pursuant to this title the itoring coordination of registered broker and (b) REPORT ON ADVISORY COMMITTEE REC- Commission is engaged in rulemaking, or in dealer examinations under this section. OMMENDATIONS.—Within one year after the the review of a rule of a self-regulatory orga- ‘‘(4) COORDINATION OF EXAMINATIONS.— date of enactment of this Act, the Commis- nization, and is required to consider or deter- ‘‘(A) The examining authorities shall share sion shall report to Congress on the Commis- mine whether an action is necessary or ap- among themselves such information, includ- sion’s views on the recommendations of the propriate in the public interest, the Commis- ing reports of examinations, customer com- Advisory Committee on Capital Formation, sion shall also consider, in addition to the plaint information, and other non-public reg- including any actions taken to implement protection of investors, whether the action ulatory information, as appropriate to foster the recommendations of the Advisory Com- will promote efficiency, competition, and a coordinated approach to regulatory over- mittee. capital formation.’’. sight of registered brokers and dealers sub- ject to examination by more than one exam- SEC. 105. EXEMPTIVE AUTHORITY. (c) INVESTMENT COMPANY ACT of 1940.—Sec- ining authority. (a) GENERAL EXEMPTIVE AUTHORITY UNDER tion 2 of the Investment Company Act of 1940 ‘‘(B) To the extent practicable, the examin- THE SECURITIES ACT OF 1933.—Title I of the (15 U.S.C. 80a–2) is amended by adding at the ing authorities shall assure that each reg- Securities Act of 1933 (15 U.S.C. 77a et seq.) is end the following new subsection: ‘‘(c) CONSIDERATION OF PROMOTION OF EFFI- istered broker and dealer subject to exam- amended by adding at the end the following CIENCY, COMPETITION, AND CAPITAL FORMA- ination by more than one examining author- new section: TION.—Whenever pursuant to this title the ity that requests a coordinated examination ‘‘SEC. 28. GENERAL EXEMPTIVE AUTHORITY. Commission is engaged in rulemaking and is shall have all requested aspects of the exam- ‘‘The Commission, by rules and regula- required to consider or determine whether an ination conducted simultaneously and with- tions, may conditionally or unconditionally action is consistent with the public interest, out duplication of the areas covered. The ex- exempt any person, security, or transaction, the Commission shall also consider, in addi- amining authorities shall also prepare an ad- or any class or classes of persons, securities, tion to the protection of investors, whether vance schedule of all such coordinated ex- or transactions, from any provision or provi- the action will promote efficiency, competi- aminations. sions of this title or of any rule or regulation tion, and capital formation.’’. ‘‘(5) PROHIBITED NON-COORDINATED EXAMINA- thereunder, to the extent that such exemp- SEC. 107. PRIVATIZATION OF EDGAR. TIONS.—Any examining authority that does tion is necessary or appropriate in the public (a) EXAMINATION.—The Securities and Ex- not participate in a coordinated examination interest, and is consistent with the protec- change Commission shall examine proposals pursuant to paragraph (4) of this subsection tion of investors.’’. for the privatization of the EDGAR system. shall not conduct a routine examination (b) GENERAL EXEMPTIVE AUTHORITY UNDER Such examination shall promote competi- other than a coordinated examination of THE SECURITIES EXCHANGE ACT OF 1934.—Title tion in the automation and rapid collection that broker or dealer within 9 months of the I of the Securities Exchange Act of 1934 (15 and dissemination of information required to conclusion of a scheduled coordinated exam- U.S.C. 78a et seq.) is amended by adding at be disclosed. Such examination shall include ination. the end the following new section: proposals that maintain free public access to ‘‘(6) EXAMINATIONS FOR CAUSE.—At any ‘‘SEC. 36. GENERAL EXEMPTIVE AUTHORITY. data filings in the EDGAR system. time, any examining authority may conduct ‘‘(a) AUTHORITY.—Except as provided in (b) REVIEW AND REPORT.—Within 180 days an examination for cause of any broker or subsection (b) but notwithstanding any other after the date of enactment of this Act, the dealer subject to its jurisdiction. provision of this title, the Commission, by Commission shall submit to the Congress a ‘‘(7) BROKER-DEALER EXAMINATION EVALUA- rule, regulation, or order, may conditionally report on the examination under subsection TION PANEL.—The Commission shall establish or unconditionally exempt any person, secu- (a). Such report shall include such rec- an examination evaluation panel composed rity, or transaction, or any class or classes of ommendations for such legislative action as of representatives of registered brokers and persons, securities, or transactions, from any may be necessary to implement the proposal dealers that are members of more than one provision or provisions of this title or of any that the Commission determines most effec- self-regulatory organization that conducts rule or regulation thereunder, to the extent tively achieves the objectives described in routine examinations. Prior to each national that such exemption is necessary or appro- subsection (a). general planning conference required by H6440 CONGRESSIONAL RECORD — HOUSE June 18, 1996

paragraph (2)(A) of this subsection, the Com- ‘‘(G) The provisions of this paragraph (1) ‘‘(2) PAYMENT OF REGISTRATION FEES.— mission shall convene the examination eval- shall not apply to securities of a registered Within 90 days after the end of the compa- uation panel to review consolidated and sta- open-end company (the ‘acquired company’) ny’s fiscal year, the company shall pay a reg- tistical information on the coordination of purchased or otherwise acquired by a reg- istration fee to the Commission, calculated examinations and information on examina- istered open-end company (the ‘acquiring in the manner specified in section 6(b) of the tions that are not coordinated, including the company’) if— Securities Act of 1933, based on the aggre- findings of Commission examiners on the ef- ‘‘(i) the acquired company and the acquir- gate sales price for which its securities (in- fectiveness of the examining authorities in ing company are part of the same group of cluding, for this purpose, all securities issued achieving coordinated examinations. The investment companies; pursuant to a dividend reinvestment plan) Commission shall present any findings and ‘‘(ii) the securities of the acquired com- were sold pursuant to a registration of an in- recommendations of the examination evalua- pany, securities of other registered open-end definite amount of securities under this sub- tion panel to the next meeting of the na- companies that are part of the same group of section during the company’s previous fiscal tional general planning conference, and shall investment companies, Government securi- year reduced by— report back to the examination evaluation ties, and short-term paper are the only in- ‘‘(A) the aggregate redemption or repur- panel on the actions taken by the examining vestments held by the acquiring company; chase price of the securities of the company authorities regarding those findings and rec- ‘‘(iii)(I) the acquiring company does not during that year, and ommendations. The examination evaluation pay and is not assessed any charges or fees ‘‘(B) the aggregate redemption or repur- panel shall not be subject to the Federal Ad- for distribution-related activities with re- chase price of the securities of the company visory Committee Act (5 U.S.C. App.). spect to securities of the acquired company during any prior fiscal year ending not more ‘‘(8) REPORT TO CONGRESS.—Within one year unless the acquiring company does not than 1 year before the date of enactment of after the date of enactment of this Act, the charge a sales load or other fees or charges the Investment Company Act Amendments Commission shall report to the Congress on for distribution-related activities; or of 1996 that were not used previously by the the progress it and the examining authori- ‘‘(II) any sales loads and other distribu- company to reduce fees payable under this ties have made in reducing duplication and tion-related fees charged with respect to se- section. improving coordination in registered broker curities of the acquiring company, when ag- ‘‘(3) INTEREST DUE ON LATE PAYMENT.—A and dealer examinations, and on the activi- gregated with any sales load and distribu- company paying the fee or any portion ties of the examination evaluation panel. tion-related fees paid by the acquiring com- thereof more than 90 days after the end of Such report shall also indicate whether the pany with respect to securities of the ac- the company’s fiscal year shall pay to the Commission has identified additional quired company, are not excessive under Commission interest on unpaid amounts, redundancies that have failed to be addressed rules adopted pursuant to either section 22(b) compounded daily, at the underpayment rate in the coordination of examining authorities, or section 22(c) of this title by a securities established by the Secretary of the Treasury or any recommendations of the examination association registered under section 15A of pursuant to section 3717(a) of title 31, United evaluation panel established under para- the Securities Exchange Act of 1934 or the States Code. The payment of interest pursu- graph (7) of this subsection that have not Commission; ant to the requirement of this paragraph been addressed by the examining authorities ‘‘(iv) the acquired company shall have a shall not preclude the Commission from or the Commission.’’. fundamental policy that prohibits it from ac- bringing an action to enforce the require- (b) DEFINITION.—Section 3(a) of the Securi- quiring any securities of registered open-end ments of paragraph (2) of this subsection. ties Exchange Act of 1934 (15 U.S.C. 78e) is companies in reliance on this subparagraph ‘‘(4) RULEMAKING AUTHORITY.—The Com- amended by adding at the end the following or subparagraph (F) of this subsection; and mission may adopt rules and regulations to paragraph: ‘‘(v) such acquisition is not in contraven- implement the provisions of this sub- ‘‘(54) The term ‘examining authority’ tion of such rules and regulations as the section.’’. means any self-regulatory organization reg- Commission may from time to time pre- (c) EFFECTIVE DATE.—The amendments istered with the Commission under this title scribe with respect to acquisitions in accord- made by this section shall be effective 6 (other than registered clearing agencies) ance with this subparagraph as necessary months after the date of enactment of this with the authority to examine, inspect, and and appropriate for the protection of inves- Act or on such earlier date as the Commis- otherwise oversee the activities of a reg- tors. sion may specify by rule. istered broker or dealer.’’. For purposes of this subparagraph, a ‘group SEC. 204. INVESTMENT COMPANY ADVERTISING SEC. 109. FOREIGN PRESS CONFERENCES. of investment companies’ shall mean any PROSPECTUS. No later than one year after the date of en- two or more registered investment compa- Section 24 of the Investment Company Act actment of this Act, the Commission shall nies that hold themselves out to investors as of 1940 (15 U.S.C. 80a–24) is amended by add- adopt rules under the Securities Act of 1933 related companies for purposes of invest- ing at the end the following new subsection: concerning the status under the registration ment and investor services.’’; and ‘‘(g) In addition to the prospectuses per- provisions of the Securities Act of 1933 of for- (4) adding at the end the following new mitted or required in section 10 of the Secu- eign press conferences and foreign press re- subparagraph: rities Act of 1933, the Commission shall per- leases by persons engaged in the offer and ‘‘(J) The Commission, by rules and regula- mit, by rules or regulations deemed nec- sale of securities. tions upon its own motion or by order upon essary or appropriate in the public interest or for the protection of investors, the use of SEC. 110. REPORT ON TRUST INDENTURE ACT OF application, may conditionally or uncondi- 1939. tionally exempt any person, security, or a prospectus for the purposes of section Within 6 months after the date of enact- transaction, or any class or classes of per- 5(b)(1) of such Act with respect to securities ment of this Act, the Securities and Ex- sons, securities, or transactions from any issued by a registered investment company. change Commission shall submit to the Con- provisions of this subsection, if and to the Such a prospectus, which may include infor- gress a report on the benefits of, the continu- extent such exemption is consistent with the mation the substance of which is not in- ing need for, and, if necessary, options for public interest and the protection of inves- cluded in the prospectus specified in section the modification or elimination of, the Trust tors.’’. 10(a) of the Securities Act of 1933, shall be Indenture Act of 1939 (15 U.S.C. 77aaa et SEC. 203. REGISTRATION OF SECURITIES. deemed to be permitted by section 10(b) of seq.). (a) AMENDMENTS TO REGISTRATION STATE- such Act.’’. MENTS.—Section 24(e) of the Investment SEC. 205. VARIABLE INSURANCE CONTRACTS. TITLE II—INVESTMENT COMPANY ACT Company Act of 1940 (15 U.S.C. 80a–24(e)) is (a) UNIT INVESTMENT TRUST TREATMENT.— AMENDMENTS amended— Section 26 of the Investment Company Act of SEC. 201. SHORT TITLE. (1) by striking paragraphs (1) and (2); 1940 (15 U.S.C. 80a–26) is amended by adding This title may be cited as the ‘‘Investment (2) by redesignating paragraph (3) as sub- at the end the following new subsection: Company Act Amendments of 1996’’. section (e); and ‘‘(e)(1) Subsection (a) shall not apply to SEC. 202. FUNDS OF FUNDS. (3) in subsection (e) (as so redesignated) by any registered separate account funding Section 12(d)(1) of the Investment Com- striking ‘‘pursuant to this subsection or oth- variable insurance contracts, or to the spon- pany Act of 1940 (15 U.S.C. 80a–12(d)(1)) is erwise’’. soring insurance company and principal un- amended— (b) REGISTRATION OF INDEFINITE AMOUNT OF derwriter of such account. (1) in subparagraph (E)(iii)— SECURITIES.—Section 24(f) of the Investment ‘‘(2) It shall be unlawful for any registered (A) by striking ‘‘in the event such invest- Company Act of 1940 (15 U.S.C. 80a–24(f)) is separate account funding variable insurance ment company is not a registered invest- amended to read as follows: contracts, or for the sponsoring insurance ment company,’’; and ‘‘(f) REGISTRATION OF INDEFINITE AMOUNT company of such account, to sell any such (B) by inserting ‘‘in the event such invest- OF SECURITIES.— contract, unless— ment company is not a registered invest- ‘‘(1) INDEFINITE REGISTRATION OF SECURI- ‘‘(A) the fees and charges deducted under ment company’’ after ‘‘(bb)’’; TIES.—Upon the effectiveness of its registra- the contract in the aggregate are reasonable (2) by redesignating existing subparagraphs tion statement under the Securities Act of in relation to the services rendered, the ex- (G) and (H) as subparagraphs (H) and (I), re- 1933, a face-amount certificate company, penses expected to be incurred, and the risks spectively; open-end management company, or unit in- assumed by the insurance company, and the (3) by inserting after subparagraph (F) the vestment trust shall be deemed to have reg- insurance company so represents in the reg- following new subparagraph: istered an indefinite amount of securities. istration statement for the contract; and June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6441 ‘‘(B) the insurance company (i) complies ‘‘(f) The Commission may by rule require tives any copies or extracts from such with all other applicable provisions of this that semi-annual reports containing the in- records as may be prepared without undue section as if it were a trustee or custodian of formation set forth in subsection (e) include effort, expense, or delay as the Commission the registered separate account; (ii) files such other information as the Commission or its representatives may reasonably re- with the insurance regulatory authority of a deems necessary or appropriate in the public quest. The Commission shall exercise its au- State an annual statement of its financial interest or for the protection of investors. In thority under this subsection with due re- condition, which most recent statement indi- exercising its authority under this sub- gard for the benefits of internal compliance cates that it has a combined capital and sur- section, the Commission shall take such policies and procedures and the effective im- plus, if a stock company, or an unassigned steps as it deems necessary or appropriate, plementation and operation thereof.’’; surplus, if a mutual company, of not less consistent with the public interest and the (2) by redesignating existing subsections than $1,000,000, or such other amount as the protection of investors, to avoid unnecessary (c) and (d) as subsections (e) and (f), respec- Commission may from time to time pre- reporting by, and minimize the compliance tively; and scribe by rule as necessary or appropriate in burdens on, registered investment companies (3) by inserting after subsection (b) the fol- the public interest or for the protection of and their affiliated persons. Such steps shall lowing new subsections: investors; and (iii) together with its reg- include considering and requesting public ‘‘(c) Notwithstanding any other provision istered separate accounts, is supervised and comment on— of law, the Commission shall not be com- examined periodically by the insurance au- ‘‘(1) feasible alternatives that minimize pelled to disclose any internal compliance or thority of such State. the reporting burdens on registered invest- audit records, or information contained ‘‘(3) The Commission may adopt such rules ment companies; and therein, provided to the Commission under and regulations under paragraph (2)(A) as it ‘‘(2) the utility of such information to this section. Nothing in this subsection shall determines are necessary or appropriate in shareholders in relation to the costs to reg- authorize the Commission to withhold infor- the public interest or for the protection of istered investment companies and their af- mation from Congress or prevent the Com- investors. For the purposes of such para- filiated persons of providing such informa- mission from complying with a request for graph, the fees and charges deducted under tion to shareholders.’’; and information from any other Federal depart- the contract shall include all fees and (5) in subsection (g) (as so redesignated) by ment or agency requesting the information charges imposed for any purpose and in any striking ‘‘subsections (a) and (d)’’ and insert- for purposes within the scope of its jurisdic- manner.’’. ing ‘‘subsections (a) and (e)’’. tion, or complying with an order of a court (b) PERIODIC PAYMENT PLAN TREATMENT.— SEC. 207. BOOKS, RECORDS AND INSPECTIONS. of the United States in an action brought by Section 27 of such Act (15 U.S.C. 80a–27) is the United States or the Commission. For amended by adding at the end the following Section 31 of the Investment Company Act of 1940 (15 U.S.C. 80a–30) is amended— purposes of section 552 of title 5, United new subsection: States Code, this section shall be considered ‘‘(i)(1) This section shall not apply to any (1) by striking subsections (a) and (b) and inserting the following: a statute described in subsection (b)(3)(B) of registered separate account funding variable such section 552. insurance contracts, or to the sponsoring in- ‘‘(a) Every registered investment company, and every underwriter, broker, dealer, or in- ‘‘(d) For purposes of this section— surance company and principal underwriter ‘‘(1) ‘internal compliance policies and pro- of such account, except as provided in para- vestment adviser that is a majority-owned subsidiary of such a company, shall maintain cedures’ means policies and procedures de- graph (2). signed by subject persons to promote compli- ‘‘(2) It shall be unlawful for any registered and preserve such records (as defined in sec- ance with the Federal securities laws; and separate account funding variable insurance tion 3(a)(37) of the Securities Exchange Act ‘‘(2) ‘internal compliance and audit record’ contracts, or for the sponsoring insurance of 1934) for such period or periods as the means any record prepared by a subject per- company of such account, to sell any such Commission, by rules and regulations, may son in accordance with internal compliance contract unless (A) such contract is a re- prescribe as necessary or appropriate in the policies and procedures.’’. deemable security, and (B) the insurance public interest or for the protection of inves- company complies with section 26(e) and any tors. Every investment adviser not a major- SEC. 208. INVESTMENT COMPANY NAMES. rules or regulations adopted by the Commis- ity-owned subsidiary of, and every depositor Section 35(d) of the Investment Company sion thereunder.’’. of any registered investment company, and Act of 1940 (15 U.S.C. 80a–34(d)) is amended to SEC. 206. REPORTS TO THE COMMISSION AND every principal underwriter for any reg- read as follows: SHAREHOLDERS. istered investment company other than a ‘‘(d) It shall be unlawful for any registered Section 30 of the Investment Company Act closed-end company, shall maintain and pre- investment company to adopt as a part of of 1940 (15 U.S.C. 80a–29) is amended— serve for such period or periods as the Com- the name or title of such company, or of any (1) by striking paragraph (1) of subsection mission shall prescribe by rules and regula- securities of which it is the issuer, any word (b) and inserting the following: tions, such records as are necessary or appro- or words that the Commission finds are ma- ‘‘(1) such information, documents, and re- priate to record such person’s transactions terially deceptive or misleading. The Com- ports (other than financial statements), as with such registered company. In exercising mission is authorized, by rule, regulation, or the Commission may require to keep reason- its authority under this subsection, the Com- order, to define such names or titles as are ably current the information and documents mission shall take such steps as it deems materially deceptive or misleading.’’. contained in the registration statement of necessary or appropriate, consistent with the SEC. 209. EXCEPTIONS FROM DEFINITION OF IN- such company filed under this title; and’’; public interest and for the protection of in- VESTMENT COMPANY. (2) by redesignating subsections (c), (d), (e), vestors, to avoid unnecessary recordkeeping (a) AMENDMENTS.—Section 3(c) of the In- and (f) as subsections (d), (e), (g), and (h), re- by, and minimize the compliance burden on, vestment Company Act of 1940 (15 U.S.C. 80a– spectively; persons required to maintain records under 3(c)) is amended— (3) by inserting after subsection (b) the fol- this subsection (hereinafter in this section (1) in paragraph (1), by inserting after the lowing new subsection: referred to as ‘subject persons’). Such steps first sentence the following new sentence: ‘‘(c) In exercising its authority under sub- shall include considering, and requesting ‘‘Such issuer nonetheless is deemed to be an section (b)(1) to require the filing of informa- public comment on— investment company for purposes of the lim- tion, documents, and reports on a basis more ‘‘(1) feasible alternatives that minimize itations set forth in section 12(d)(1)(A)(i) and frequently than semi-annually, the Commis- the recordkeeping burdens on subject per- (B)(i) governing the purchase or other acqui- sion shall take such steps as it deems nec- sons; sition by such issuer of any security issued essary or appropriate, consistent with the ‘‘(2) the necessity of such records in view of by any registered investment company and public interest and the protection of inves- the public benefits derived from the inde- the sale of any security issued by any reg- tors, to avoid unnecessary reporting by, and pendent scrutiny of such records through istered open-end company to any such is- minimize the compliance burdens on, reg- Commission examination; suer.’’; istered investment companies and their af- ‘‘(3) the costs associated with maintaining (2) in subparagraph (A) of paragraph (1)— filiated persons. Such steps shall include the information that would be required to be (A) by inserting after ‘‘issuer,’’ the first considering and requesting public comment reflected in such records; and place it appears the following: ‘‘and is or, but on— ‘‘(4) the effects that a proposed record- for the exception in this paragraph or para- ‘‘(1) feasible alternatives that minimize keeping requirement would have on internal graph (7), would be an investment com- the reporting burdens on registered invest- compliance policies and procedures. pany,’’; and ment companies; and ‘‘(b) All records required to be maintained (B) by striking all that follows ‘‘(other ‘‘(2) the utility of such information, docu- and preserved in accordance with subsection than short-term paper)’’ and inserting a pe- ments, and reports to the Commission in re- (a) of this section shall be subject at any riod; lation to the costs to registered investment time and from time to time to such reason- (3) in paragraph (2)— companies and their affiliated persons of able periodic, special, and other examina- (A) by striking ‘‘and acting as broker,’’ and providing such information, documents, and tions by the Commission, or any member or inserting ‘‘acting as broker, and acting as reports.’’; representative thereof, as the Commission market intermediary,’’; and (4) by inserting after subsection (e) (as re- may prescribe. For purposes of such exami- (B) by adding at the end of such paragraph designated by paragraph (2) of this section) nations, any subject person shall make avail- the following new sentences: ‘‘For the pur- the following new subsection: able to the Commission or its representa- poses of this paragraph, the term ‘market H6442 CONGRESSIONAL RECORD — HOUSE June 18, 1996 intermediary’ means any person that regu- 100 persons or whether the outstanding secu- (1) to authorize appropriations for the Se- larly holds itself out as being willing con- rities of the issuer excepted under this para- curities and Exchange Commission for fiscal temporaneously to engage in, and is regu- graph are owned by persons that are not year 1997; and larly engaged in the business of entering qualified purchasers. Nothing in this provi- (2) to reduce over time the rates of fees into, transactions on both sides of the mar- sion shall be deemed to establish that a per- charged under the Federal securities laws. ket for a financial contract or one or more son is a bona fide qualified purchaser for pur- SEC. 303. AUTHORIZATION OF APPROPRIATIONS. such financial contracts. For purposes of the poses of this paragraph or a bona fide bene- Section 35 of the Securities Exchange Act preceding sentence, the term ‘financial con- ficial owner for purposes of paragraph (1) of of 1934 is amended to read as follows: tract’ means any arrangement that (A) takes this subsection.’’. ‘‘SEC. 35. AUTHORIZATION OF APPROPRIATIONS. the form of an individually negotiated con- (b) DEFINITION OF QUALIFIED PURCHASER.— ‘‘There are authorized to be appropriated tract, agreement, or option to buy, sell, lend, Section 2(a) of the Investment Company Act to carry out the functions, powers, and du- swap, or repurchase, or other similar individ- of 1940 (15 U.S.C. 80a–2(a)) is amended by in- ties of the Commission $317,000,000 for fiscal ually negotiated transaction commonly en- serting after paragraph (50) the following year 1997.’’. tered into by participants in the financial new paragraph: SEC. 304. REGISTRATION FEES. markets; (B) is in respect of securities, com- ‘‘(51) ‘Qualified purchaser’ means— Section 6(b) of the Securities Act of 1933 (15 modities, currencies, interest or other rates, ‘‘(A) any natural person who owns at least U.S.C. 77f(b)) is amended to read as follows: other measures of value, or any other finan- $10,000,000 in securities of issuers that are ‘‘(b) REGISTRATION FEE.— cial or economic interest similar in purpose not controlled by such person, except that ‘‘(1) RECOVERY OF COST OF SERVICES.—The or function to any of the foregoing; and (C) securities of such a controlled issuer may be Commission shall, in accordance with this is entered into in response to a request from counted toward such amount if such issuer subsection, collect registration fees that are a counterparty for a quotation or is other- is, or but for the exception in paragraph (1) designed to recover the costs to the govern- wise entered into and structured to accom- or (7) of section 3(c) would be, an investment ment of the securities registration process, modate the objectives of the counterparty to company; and costs related to such process, including such arrangement.’’; and ‘‘(B) any trust not formed for the specific enforcement activities, policy and rule- (4) by striking paragraph (7) and inserting purpose of acquiring the securities offered, making activities, administration, legal the following: as to which the trustee or other person au- services, and international regulatory activi- ‘‘(7)(A) Any issuer (i) whose outstanding thorized to make decisions with respect to ties. securities are owned exclusively by persons the trust, and each settlor or other person ‘‘(2) FEE PAYMENT REQUIRED.—At the time who, at the time of acquisition of such secu- who has contributed assets to the trust, is a of filing a registration statement, the appli- rities, are qualified purchasers, and (ii) who person described in subparagraph (A) or (C); cant shall pay to the Commission a fee that is not making and does not presently propose or shall be equal to the sum of the amounts (if to make a public offering of such securities. ‘‘(C) any person, acting for its own account any) determined under the rates established Securities that are owned by persons who re- or the accounts of other qualified pur- by paragraphs (3) and (4). The Commission ceived the securities from a qualified pur- chasers, who in the aggregate owns and in- shall publish in the Federal Register notices chaser as a gift or bequest, or where the vests on a discretionary basis, not less than transfer was caused by legal separation, di- of the fee rates applicable under this section $100,000,000 in securities of issuers that are for each fiscal year. In no case shall the fee vorce, death, or other involuntary event, not affiliated persons (as defined in para- shall be deemed to be owned by a qualified required by this subsection be less than $200, graph (3)(C) of this subsection) of such per- except that during fiscal year 2002 or any purchaser, subject to such rules, regulations, son, except that securities of such an affili- and orders as the Commission may prescribe succeeding fiscal year such minimum fee ated person issuer may be counted toward shall be $182. as necessary or appropriate in the public in- such amount if such issuer is, or but for the terest or for the protection of investors. ‘‘(3) GENERAL REVENUE FEES.—The rate de- exception in paragraph (1) or (7) of section termined under this paragraph is a rate ‘‘(B) Notwithstanding subparagraph (A), an 3(c) would be, an investment company. issuer is within the exception provided by equal to $200 for each $1,000,000 of the maxi- this paragraph if— The Commission may adopt such rules and mum aggregate price at which such securi- ‘‘(i) in addition to qualified purchasers, its regulations governing the persons and trusts ties are proposed to be offered, except that outstanding securities are beneficially specified in subparagraphs (A), (B), and (C) of during fiscal year 2002 and any succeeding owned by not more than 100 persons who are this paragraph as it determines are nec- fiscal year such rate is equal to $182 for each not qualified purchasers if (I) such persons essary or appropriate in the public interest $1,000,000 of the maximum aggregate price at acquired such securities on or before Decem- and for the protection of investors.’’. which such securities are proposed to be of- ber 31, 1995, and (II) at the time such securi- (c) CONFORMING AMENDMENT.—The last sen- fered. Fees collected during any fiscal year ties were acquired by such persons, the is- tence of section 3(a) of the Investment Com- pursuant to this paragraph shall be deposited suer was excepted by paragraph (1) of this pany Act of 1940 (15 U.S.C. 80a–3(a)) is amend- and credited as general revenues of the subsection; and ed— Treasury. ‘‘(ii) prior to availing itself of the excep- (1) by inserting ‘‘(i)’’ after ‘‘of the owner’’; ‘‘(4) OFFSETTING COLLECTION FEES.— tion provided by this paragraph— and ‘‘(A) IN GENERAL.—Except as provided in ‘‘(I) such issuer has disclosed to such per- (2) by inserting before the period the fol- subparagraphs (B) and (C), the rate deter- sons that future investors will be limited to lowing: ‘‘, and (ii) which are not relying on mined under this paragraph is a rate equal to qualified purchasers, and that ownership in the exception from the definition of invest- the following amount for each $1,000,000 of such issuer is no longer limited to not more ment company in subsection (c)(1) or (c)(7) of the maximum aggregate price at which such than 100 persons, and this section’’. securities are proposed to be offered: ‘‘(II) concurrently with or after such dis- (d) RULEMAKING REQUIRED.— ‘‘(i) $103 during fiscal year 1997; closure, such issuer has provided such per- (1) IMPLEMENTATION OF SECTION 3(c)(1)(B).— ‘‘(ii) $70 during fiscal year 1998; sons with a reasonable opportunity to re- Within one year after the date of enactment ‘‘(iii) $38 during fiscal year 1999; deem any part or all of their interests in the of this Act, the Commission shall prescribe ‘‘(iv) $17 during fiscal year 2000; and issuer for their proportionate share of the is- rules to implement the requirements of sec- ‘‘(v) $0 during fiscal year 2001 or any suc- suer’s current net assets, or the cash equiva- tion 3(c)(1)(B) of the Investment Company ceeding fiscal year. lent thereof. Act of 1940 (15 U.S.C. 80a–3(c)(1)(B)). ‘‘(B) LIMITATION; DEPOSIT.—Except as pro- ‘‘(C) An issuer that is excepted under this (2) EMPLOYEE EXCEPTION.—Within one year vided in subparagraph (C), no amounts shall paragraph shall nonetheless be deemed to be after the date of enactment of this Act, the be collected pursuant to this paragraph (4) an investment company for purposes of the Commission shall prescribe rules pursuant to for any fiscal year except to the extent pro- limitations set forth in section 12(d)(1)(A)(i) its authority under section 6 of the Invest- vided in advance in appropriations acts. Fees and (B)(i) governing the purchase or other ment Company Act of 1940 (15 U.S.C. 80a–6) to collected during any fiscal year pursuant to acquisition by such issuer of any security is- permit the ownership by knowledgeable em- this paragraph shall be deposited and cred- sued by any registered investment company ployees of an issuer or an affiliated person of ited as offsetting collections in accordance and the sale of any security issued by any the issuer of the securities of that issuer or with appropriations Acts. registered open-end company to any such is- affiliated person without loss of the issuer’s ‘‘(C) LAPSE OF APPROPRIATIONS.—If on the suer. exception under section 3(c)(1) or 3(c)(7) of first day of a fiscal year a regular appropria- ‘‘(D) For purposes of determining compli- such Act from treatment as an investment tion to the Commission has not been en- ance with this paragraph and paragraph (1) company under such Act. acted, the Commission shall continue to col- of this subsection, an issuer that is other- TITLE III—SECURITIES AND EXCHANGE lect fees (as offsetting collections) under this wise excepted under this paragraph and an COMMISSION AUTHORIZATION paragraph at the rate in effect during the issuer that is otherwise excepted under para- SEC. 301. SHORT TITLE. preceding fiscal year, until such a regular graph (1) shall not be treated by the Commis- This title may be cited as the ‘‘Securities appropriation is enacted.’’. sion as being a single issuer for purposes of and Exchange Commission Authorization SEC. 305. TRANSACTION FEES. determining whether the outstanding securi- Act of 1996’’. (a) AMENDMENT.—Section 31 of the Securi- ties of the issuer excepted under paragraph SEC. 302. PURPOSES. ties Exchange Act of 1934 (15 U.S.C. 78ee) is (1) are beneficially owned by not more than The purposes of this title are— amended to read as follows: June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6443

‘‘SEC. 31. TRANSACTION FEES. ‘‘(D) $32,000,000 for fiscal year 2000; Virginia [Mr. BLILEY] and the gen- ‘‘(a) RECOVERY OF COST OF SERVICES.—The ‘‘(E) $32,000,000 for fiscal year 2001; and tleman from Massachusetts [Mr. MAR- Commission shall, in accordance with this ‘‘(F) $0 for fiscal year 2002 and any succeed- KEY] each will control 20 minutes. subsection, collect transaction fees that are ing fiscal year. The Chair recognizes the gentleman designed to recover the costs to the Govern- ‘‘(4) LAPSE OF APPROPRIATIONS.—If on the ment of the supervision and regulation of se- first day of a fiscal year a regular appropria- from Virginia [Mr. BLILEY]. curities markets and securities profes- tion to the Commission has not been en- Mr. BLILEY. Mr. Speaker, I yield sionals, and costs related to such supervision acted, the Commission shall continue to col- myself such time as I may consume. and regulation, including enforcement ac- lect fees (as offsetting collections) under this (Mr. BLILEY asked and was given tivities, policy and rulemaking activities, subsection at the rate in effect during the permission to revise and extend his re- administration, legal services, and inter- preceding fiscal year, until such a regular marks.) national regulatory activities. appropriation is enacted. Mr. BLILEY. Mr. Speaker, today, the ‘‘(b) EXCHANGE-TRADED SECURITIES.—Every ‘‘(e) DATES FOR PAYMENT OF FEES.—The national securities exchange shall pay to the House will consider H.R. 3005, the secu- fees required by subsections (b), (c), and (d) rities amendments of 1996. This is good Commission a fee at a rate equal to $33 for of this section shall be paid— each $1,000,000 of the aggregate dollar ‘‘(1) on or before March 15, with respect to bipartisan legislation. It is designed to amount of sales of securities (other than transactions and sales occurring during the help small business find the money it bonds, debentures, and other evidences of in- period beginning on the preceding September needs to create new jobs, and increase debtedness) transacted on such national se- 1 and ending at the close of the preceding De- the returns to pension funds, mutual curities exchange, except that for fiscal year cember 31; and funds and other savings vehicles in 2002 or any succeeding fiscal year such rate ‘‘(2) on or before September 30, with re- which our citizens are saving for their shall be equal to $25 for each $1,000,000 of spect to transactions and sales occurring such aggregate dollar amount of sales. Fees retirement and for the education of during the period beginning on the preceding their children. I am pleased that this collected pursuant to this subsection shall be January 1 and ending at the close of the pre- deposited and collected as general revenue of ceding August 31. bill has bipartisan support, and has the Treasury. ‘‘(f) EXEMPTIONS.—The Commission, by been endorsed by SEC Chairman Ar- FF-EXCHANGE-TRADES OF EXCHANGE ‘‘(c) O rule, may exempt any sale of securities or thur Levitt. The bill being considered REGISTERED SECURITIES.—Every national se- any class of sales of securities from any fee is an amended version of that which curities association shall pay to the Commis- imposed by this section, if the Commission sion a fee at a rate equal $33 for each was reported from the Commerce Com- finds that such exemption is consistent with $1,000,000 of the aggregate dollar amount of mittee. I will insert an explanation of the public interest, the equal regulation of sales transacted by or through any member these changes which I have prepared in markets and brokers and dealers, and the de- of such association otherwise than on a na- the RECORD immediately following my velopment of a national market system. tional securities exchange of securities reg- ‘‘(g) PUBLICATION.—The Commission shall statement. istered on such an exchange (other than publish in the Federal Register notices of the This bill accomplishes significant bonds, debentures, and other evidences of in- fee rates applicable under this section for changes in the securities laws. Chief debtedness), except that for fiscal year 2002 each fiscal year.’’. among these is the elimination of or any succeeding fiscal year such rate shall (b) EFFECTIVE DATES; TRANSITION.— State regulation of large securities of- be equal to $25 for each $1,000,000 of such ag- (1) IN GENERAL.—Except as provided in gregate dollar amount of sales. Fees col- ferings and of mutual funds that we paragraph (2), the amendment made by sub- have found duplicates the extensive lected pursuant to this subsection shall be section (a) shall apply with respect to trans- deposited and collected as general revenue of actions in securities that occur on or after system of SEC regulation. It is high the Treasury. January 1, 1997. time that we move to facilitate na- ‘‘(d) OFF-EXCHANGE-TRADES OF LAST-SALE- (2) OFF-EXCHANGE TRADES OF LAST SALE RE- tional capital markets by having a uni- REPORTED SECURITIES.— PORTED TRANSACTIONS.—The amendment tary Federal system of regulation of of- ‘‘(1) COVERED TRANSACTIONS.—Every na- made by subsection (a) shall apply with re- tional securities association shall pay to the ferings. We believe that this system spect to transactions described in section Commission a fee at a rate equal to the dol- will reduce regulatory burdens on com- 31(d)(1) of the Securities Exchange Act of lar amount determined under paragraph (2) panies seeking to raise capital, and 1934 (as amended by subsection (a) of this for each $1,000,000 of the aggregate dollar will not imperil the fine record of in- section) that occur on or after September 1, amount of sales transacted by or through 1996. vestor protection built up by the SEC any member of such association otherwise (3) RULE OF CONSTRUCTION.—Nothing in this The bill codifies the existing exemp- than on a national securities exchange of se- subsection shall be construed to affect the tion from State regulation for compa- curities (other than bonds, debentures, and obligation of national securities exchanges nies that are listed on a national secu- other evidences of indebtedness) subject to and registered brokers and dealers under sec- rities exchange. Both the debt and eq- prompt last sale reporting pursuant to the tion 31 of the Securities Exchange Act of 1934 rules of the Commission or a registered na- uity offerings of these companies will (15 U.S.C. 78ee) as in effect prior to the tional securities association, excluding any be exempt from State regulation. The amendment made by subsection (a) to make sales for which a fee is paid under subsection legislation provides that other regional the payments required by such section on (c). March 15, 1997. exchanges that develop listing stand- ‘‘(2) FEE RATES.—Except as provided in ards comparable to those of the na- paragraph (4), the dollar amount determined SEC. 306. TIME FOR PAYMENT. Section 4(e) of the Securities Exchange Act tional exchanges can also be certified under this paragraph is— of 1934 (15 U.S.C. 78d(e)) is amended by in- by the SEC and gain the advantages of ‘‘(A) $12 for fiscal year 1997; serting before the period at the end thereof this exemption. ‘‘(B) $14 for fiscal year 1998; the following: ‘‘and the Commission may ‘‘(C) $17 for fiscal year 1999; The legislation provides that offers also specify the time that such fee shall be ‘‘(D) $18 for fiscal year 2000; and sales of securities to qualified pur- determined and paid relative to the filing of ‘‘(E) $20 for fiscal year 2001; and chasers will be exempt from State reg- any statement or document with the Com- ‘‘(F) $25 for fiscal year 2002 or for any suc- ulation. We believe that institutional mission’’. ceeding fiscal year. investors are capable of assessing offer- ‘‘(3) LIMITATION; DEPOSIT OF FEES.—Except SEC. 307. SENSE OF THE CONGRESS CONCERNING ings without the need of a second layer as provided in paragraph (4), no amounts FEES. It is the sense of the Congress that— of regulation. This will help to increase shall be collected pursuant to this subsection (1) the fees authorized by the amendments the rate of return to these institu- (d) for any fiscal year beginning before Octo- made by this Act are in lieu of, and not in ber 1, 2001, except to the extent provided in tional investors who are the savings addition to, any fees that the Securities and advance in appropriations Acts. Fees col- vehicles for people’s retirement and for Exchange Commission is authorized to im- lected during any such fiscal year pursuant their children’s education. pose or collect pursuant to section 9701 of to this subsection shall be deposited and The legislation provides relief from a title 31, United States Code; and credited as offsetting collections to the ac- second tier of regulation to the broker- (2) in order to maintain the competitive- count providing appropriations to the Com- ness of United States securities markets rel- age industry in a number of areas. The mission, except that any amounts in excess ative to foreign markets, no fee should be as- bill preempts State authority over cap- of the following amounts (and any amount sessed on transactions involving portfolios of ital, margin, books and records of bro- collected for fiscal years beginning on or equity securities taking place at times of kerage firms. The bill also provides a after October 1, 2001) shall be deposited and day characterized by low volume and during credited as general revenues of the Treasury: uniform exception from State registra- non-traditional trading hours. ‘‘(A) $20,000,000 for fiscal year 1997; tion for brokers whose customers go on ‘‘(B) $26,000,000 for fiscal year 1998; The SPEAKER pro tempore. Pursu- vacation or are temporarily out of ‘‘(C) $32,000,000 for fiscal year 1999; ant to the rule, the gentleman from State. H6444 CONGRESSIONAL RECORD — HOUSE June 18, 1996 The legislation also ends anti- tee. Both directed that we put par- how far we have come in a relatively competitive barriers on broker dealer tisanship aside so that we could work short time. Six months ago we were on borrowing. The Government has given on the three critically important pub- the eve of a huge ideological battle a legal monopoly to commercial banks lic policy issues that underlie the legis- confronted with proposals that in our to lend money to brokers. That legal lation: the promotion of capital forma- judgment would have caused consider- monopoly harms competition and tion, the advancement of efficient mar- able damage to markets, to companies, raises costs to our country’s brokers. kets, and the maintenance of the high- and to investors. Included among them Eliminating this barrier will, in the est possible standards of investor pro- were proposals to preempt virtually words of Federal Reserve Chairman tection. every aspect of independent State secu- Alan Greenspan, increase the safety Their guidance helped us overcome rities regulation, to repeal suitability and soundness of the financial system. numerous obstacles, any one of which requirements that protect institutional In April, the Board of Governors of the could easily have upset the delicate investors and deter deceitful conduct, Federal Reserve adopted changes to compromises that brought us to the to repeal the Williams Act, which could regulation T, eliminating a substantial House floor today. Even though vir- have encouraged a whole new round of number of the rules regulating broker tually everyone agrees that the policy hostile takeovers, to eliminate vir- dealer lending, including elimination objectives of titles I and II of The Se- tually all margin requirements, which of margin requirements on high quality curities Amendments of 1996 are ex- could have fueled all sorts of undesir- debt securities and arranged trans- traordinarily important, until March able speculation in the stock markets actions. We applaud the action of of this year few thought it possible at the worst possible time when the Chairman Greenspan and the board that we could overcome the deep dif- markets were already at record highs. which will have the effect of making ferences as to how we could in fact There were several other issues as our brokerage firms more competitive achieve them. But because of the truly well. In every one of these areas, we without sacrificing safety and sound- remarkable leadership of the distin- have worked diligently to make ex- ness. guished gentleman from the State of traordinary improvements to the origi- This legislation requires that the Texas, Chairman JACK FIELDS, my good nal proposals. The results are con- SEC, when making a public interest de- friend and colleague of the subcommit- tained in title I. Collectively they rep- termination in a rulemaking consider tee, we were able to develop a consen- resent a balance and a sensible, rather efficiency, competition, and capital sus approach to these issues that ulti- than a rigid and ideological approach formation. This will require the SEC to mately allowed us to bring this bill to to modernization. More important, consider the costs of its rules, which the floor. title I is historic because it includes a we think is very important in light of Indeed, Chairman FIELDS has been truly unprecedented legislative effort the enhanced congressional role man- the singular driving force in the U.S. to modernize and to carefully reallo- dated for SEC rules and for rules of self Congress behind the idea of comprehen- cate important aspects of Federal and regulatory organizations under the sively modernizing our system of secu- State securities laws. Small Business Regulatory Enforce- rities regulation. His desire to promote Without in any way compromising ment Act of 1996. The legislative his- capital formation and efficient securi- our longstanding commitment to main- tory of the Small Business Act makes ties markets is unsurpassed, but it taining the highest possible standard of clear that SRO rules are considered should also be evident that he is com- investor protection, as anyone involved major rules for purposes of the act. I mitted to making sure that Federal in its drafting knows, modernizing endorse that interpretation, and expect and State securities laws continue to State securities laws is an extraor- to work cooperatively with the SEC protect American investors from fraud dinarily sensitive and complex subject. when it is considering SRO rules. and abuse. Indeed, he recognizes that An editorial in this morning’s Boston I would like to commend Chairman the unparalleled success of our mar- Globe, a copy of which is attached to FIELDS for his work in crafting the be- kets is grounded in the fact that the the statement I will submit for the ginnings of a bipartisan agreement on United States maintains the strongest RECORD, captured this delicacy. While securities reform in the Subcommittee and most profound commitment to in- it acknowledges that, quote, on Telecommunications and Finance. I vestor protection of any country on There is a broad agreement among the in- would like to thank the ranking mem- Earth. Chairman FIELDS’ thorough- dustry and regulators that some loosening is ber of the subcommittee, ED MARKEY, going commitment to achieving this in order, but Congress must take care as it for his fine contributions to the bill. I careful balanced played a crucial role balances the sometimes conflicting interests would like to thank especially the in helping us to develop the historic of free markets and the reality of those who would exploit them. ranking member of the committee, my package of reforms that we will be vot- friend, JOHN DINGELL, for his coopera- ing on today. His 2 years as chairman I have always agreed with that view tion and assistance in crafting further of the subcommittee passing historic personally and as a result have given a changes to the bill. telecommunications and now securities tremendous amount of thought to this I urge members to join with us in legislation will have him being looked particular section of the legislation, supporting this legislation. back at as the one Republican who un- especially careful consideration of this derstood how to work in a bipartisan section was necessary in part because b 1445 fashion during this 2-year period, this the States have historically filled such Mr. Speaker, I reserve the balance of brief 2-year period that the Repub- a profound and irreplaceable role in my time. licans controlled the House of Rep- protecting small investors from fraud Mr. MARKEY. Mr. Speaker, I yield resentatives. and abuse. Two years ago, I was deeply myself such time as I may consume. So I want to congratulate the gen- honored to receive an investor protec- (Mr. MARKEY asked and was given tleman so much for the incredible job tion award from the Association of permission to revise and extend his re- which he has done during his tenure as State Securities Administrators, the marks and to include extraneous mate- the chairman of this subcommittee. It first non-NASAA North American Se- rial.) is indeed remarkable and historic in curities Administrator member to ever Mr. MARKEY. Mr. Speaker, I am fact, which is not an overstatement. receive the award. pleased to rise and speak in support of Comprehensive financial moderniza- I said at that time the States are the H.R. 3005, The Securities Amendments tion, as some of our colleagues are ones who work the front lines and of 1996. Let me begin by congratulating painfully aware, can be tauntingly elu- serve as the Nation’s early warning the distinguished gentleman from Vir- sive as a goal. Yet in the last 3 months, system for financial fraud. You are the ginia [Mr. BLILEY], the chairman of the Chairman FIELDS has given us all a ones who witness most closely the ter- Committee on Commerce, and his case study about how to get there. rible consequences of these frauds, not counterpart, the distinguished gen- When we step back from the details just the frustration and the anger of tleman from Michigan [Mr. DINGELL], and examine the Bliley amendment having been robbed, but the heartache the senior Member of the House and from the broad perspective, two his- and the tragedy of dreams that have the ranking Democrat on the commit- toric qualities stand out. The first is been stolen, dreams about sending a June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6445 child to college or about planning for the fund industry, and it is an essential Although there is broad agreement among retirement years. Over the years, your part of the balance of the bill which we the industry and regulators that some loos- extraordinary and unwavering commit- have put together today which ensures ening is in order—the National American Se- ment to promoting the interests of that the information is there which curities Administrators Association (NASAA) hopes that a suitable bill can be small investors has made NASA a pow- guarantees investor protection. drafted during the current session of Con- erful and respected and necessary pres- Mr. Speaker, I cannot again praise gress—Galvin wants a more thorough review ence on Capitol Hill. the gentleman from Virginia [Mr. BLI- that would likely push action into the next The Bliley amendment and the com- LEY] and the gentleman from Michigan session. mittee report that accompanies explic- [Mr. DINGELL] enough for their leader- Among the issues Galvin and his NASAA itly provide that the States continue ship and to single out the gentleman colleagues agree are troubling would be re- to have available to them the full arse- from Texas [Mr. FIELDS] here near the laxing rules for unlicensed broker employees nal of powers needed to investigate and end of his final year in Congress for his or sales agents who may use high-powered to enforce laws against fraud and to special work in putting together this selling tactics to entice the unwary into un- continue their ability to protect the legislation today. wise investments. Many such sales practices small investor of this country. Simi- are engaged in by smaller brokerage firms, Mr. Speaker, I would like to close by thank- involving small corporations with fewer larly, the committee report also makes ing those who worked tirelessly to bridge the shares, which create markets that can be clear that nothing in this legislation gap that divided Democrats and Republicans volatile and even treacherous. These compa- alters or affects in any way any State on these important issues. nies do not attract the institutional interest statutory or common laws against Before concluding, I also believe a brief that is important with larger stocks in es- fraud or deceit, including private ac- comment is due about the fact that title III has tablishing more financially credible pricing. tions brought pursuant to such laws. been included as part of the Bliley amend- The US Securities and Exchange Commis- Such a provision was essential to pre- ment. I understand that this legislation has al- sion has historically relied on states to sup- vent this legislation from getting ready passed the House, and is being in- plement its enforcement activities against caught up in the disputes that sur- cluded with this bill today in order to facilitate shady sales practices by concentrating on these smaller brokerages. The states’ task is round that issue. In several other ways, a conference on the subject. and I am well title I to the Bliley amendment largely complicated enough already by the tendency aware of the unnecessary funding fights that of victims to be embarrassed at having been strikes the proper balance between pro- have hampered and demoralized the SEC in taken in. Galvin is worried that Congress moting efficiency and growth while en- recent years. But I believe the administration will prevent states from taking up even suring integrity and fairness. has raised important concerns about the impli- those cases where victims do protest. The second historic quality about the cations of the authorization bill that we need to Those worries deserve the attention of the Bliley amendment is that it includes explore, I am committed to working with the industry, whose preponderantly ethical the first significant proposal to affect administration to see if we can somehow rec- members are injured by the misdeeds of a the regulation of the mutual fund in- few slick dealers. Congress must take care as oncile the important competing policy consid- dustry in more than a generation. I am it balances the sometimes conflicting inter- erations that relate to this issue. proud to have joined with Chairman ests of free markets and the reality of those As a practical matter, this bill could not have who would exploit them. FIELDS and Chairman BLILEY, Mr. DIN- reached the floor today without the tremen- GELL, and others as an original cospon- dous commitment of time and energy on the Mr. Speaker, I reserve the balance of sor of these proposals, and I am de- part of our staff: Linda Dallas Rich and David my time. lighted that Members of the Senate Cavicke, for the Republicans; Consuela Wash- Mr. Bliley. Mr. Speaker, I yield as Committee on Banking, Housing, and ington, Jeff Duncan, and Timothy Forde, for much time as he may consume to the Urban Affairs have also taken a very the Democrats; and Steve Cope, our excep- gentleman from Texas [Mr. FIELDS], strong interest in them. Most impor- tionally talented and exceedingly patient legis- the chairman of the subcommittee who tant, this part of the legislation recog- lative counsel. Senior staff of the SEC, under put so much work into this bill. nizes the fundamentally national char- the direction and with the encouragement of (Mr. FIELDS of Texas asked and was acter of the fund industry by assigning Chairman Arthur Levitt, also provided us with given permission to revise and extend exclusive responsibility for the routine critically important assistance at key times his remarks.) review of mutual fund offering docu- over the last few months. All are to be com- Mr. FIELDS of Texas. Mr. Speaker, ments and related sales material to the mended for an extraordinary job. first of all, I would be remiss if I did SEC and the NASD. Finally, I doubt that we would have reached not point out that the gentleman from Title II of the Bliley amendment also this consensus without the good faith partici- Virginia [Mr. BLILEY] is once again encourages further innovation in this pation of the States. As proposals and ideas bringing a very complex piece of legis- industry by allowing for the first time have been floated back and forth about how to lation to the floor that is meaningful documents known as advertising change State laws and regulations, the States in reform and it is bipartisan in nature. prospectuses, and for modestly liberal- have always responded stoicallyÐwith good For me personally, this is an exciting izing the rules for fund of funds. At the humor as well as with good faith. Neil Sullivan same time, however, the Bliley amend- day, exciting because we have been and Dee Harris have provided remarkable able to negotiate in a very complex ment also recognizes the extraordinary leadership throughout this difficult process. I and rapidly growing importance of mu- issue area with bipartisan cooperation, have never been as proud of this group as I and we dramatically reform and mod- tual fund investments to the financial am today. health of average Americans by con- ernize the regulation of this country’s While there are not many legislative days capital markets. I would be less than tinuing to permit States to investigate left in this session of Congress, I still think that sales practice abuses and other types of candid if I did not say that part of my we have a good chance of seeing much of excitement is in the fact that we were fraudulent or deceitful activity. what we vote on here today enacted into law In addition, the bill recognizes the able to forge and pass this legislation within a few months. That remarkable pros- when everyone said that it could not be critical challenge facing the Securities pect would not have been possible without the and Exchange Commission, which must done, and we were told earlier that our leadership of Chairman BLILEY, Chairman maintain its successful record of over- telecommunications reform legislation FIELDS, Ranking Democrat DINGELL, and the seeing the fund industry at a time was too complex and too contentious steadfast support of our colleagues on both to pass. when mutual funds are growing sides of the aisle. I look forward to working exponentially and the industry is be- with them to secure the bill's passage through With each of these difficult subject coming more diverse and complex. the Senate and its signature by the President. matter areas, the gentleman from Mas- Thus, the Bliley amendment gives the Mr. Speaker, include for the RECORD the fol- sachusetts [Mr. MARKEY], my good Securities and Exchange Commission lowing article. friend and ranking minority member of the authority to obtain information it [From the Boston Globe, June 18, 1996] our subcommittee, and I were able to must have if it is to determine accu- find commonality rather than par- INSECURITY REGULATION rately whether funds are in compliance tisanship, were able to exercise our The Massachusetts congressional delega- with the investor protection provisions tion will do well to listen to the concerns of personal friendship in representing our of the Federal law. This provision has Secretary of State William Galvin as it con- Members and our constituencies rather been carefully negotiated with the Se- templates legislation loosening regulation of than looking for political points to curities and Exchange Commission and securities dealers. score. H6446 CONGRESSIONAL RECORD — HOUSE June 18, 1996 Mr. Speaker, I appreciate all the nice In the most simplistic of terms, this sonal engagement of Chairman Arthur things that the gentleman said about legislation does the following: Invest- Levitt. Without his personal efforts we me just a moment ago, but I want to ment company securities sold in the would not be poised to pass this his- say ‘‘ditto’’ so that the gentleman does secondary market and many securities toric legislation. I believe Chairman not get one up in terms of being overly exempt from Federal registration will Levitt will go down as one of the great- nice with his compliments. I also want be subject to a single national regu- est, if not the greatest, SEC chairman to say that we shared the beliefs of in- latory system. In addition, securities that has ever served our country in vestor protection. We believed that sold by the cream of the small cap that capacity. there should be a reliable, secure, and companies, companies with assets of at Finally, I must give credit to a staff transparent market. least $10 million and 2 years of oper- who took what Mr. MARKEY and I ini- ations, will be subject only to Federal b 1500 tially agreed upon, put it in legislative regulation. language for the subcommittee, further We differed on a few points, and This bill recognizes that we have en- refined it at the full committee, and agreed to disagree and consider these tered the information age and requires then brought us to this point today. points of difference at some other time. the SEC to report to Congress on the Special thanks to David Cavicke, If we had wanted to find the differences steps taken to facilitate the electronic Linda Rich, Brian McCullough, and on and tear this legislation apart, we delivery of prospectuses. the minority staff Jeff Duncan, Tim could have done so. We give a general grant of exemptive Ford, and Consuela Washington. And, It has been surprising to me that authority to the SEC under both the many in our capital markets have yet of course, a special thanks to Christy 1933 and 1934 acts to eliminate rules Strawman on my personal staff, and a to appreciate or understand what this and regulations that no longer serve a legislation actually accomplishes. I special thanks to the greatest drafts- legitimate purpose. man in the House, Steve Cope. think this stems from the fact that the We require the SEC when promulgat- Mr. MARKEY. Mr. Speaker, I yield 5 markets are not accustomed to Con- ing a rule or granting an exemption to minutes to the gentleman from Michi- gress being proactive instead of just re- consider efficiency, promotion of cap- gan [Mr. DINGELL], the ranking Demo- acting to a market crisis or scandal. To ital formation, and competition as cri- crat on the Committee on Commerce. many, it has not sunk in yet that this teria in addition to investor protec- (Mr. DINGELL asked and was given legislation dramatically reforms the tion. We require the SEC to examine permission to revise and extend his re- 1933, 1934, and 1940 laws relative to the proposals for the privatization of securities and mutual fund industries. marks.) EDGAR. Mr. DINGELL. Mr. Speaker, I rise in So just as we reformed the 1934 Com- I want to stop just a moment and support of the legislation and urge its munications Act and brought the com- give special credit to the gentleman passage by the House. munications industry into the 21st cen- from New York, DAN FRISA, who not The bill has come a long way since tury, so too are we reforming the secu- only worked tirelessly on this provi- title I was originally proposed last rities and mutual fund industries into sion, but authored the definitive docu- July as H.R. 2131. It was controversial the 21st century in an era of modern ment on EDGAR and the SEC’s infor- legislation then which would have, regulation without compromising one mation management system. aspect of investor protection. In title II we permit all mutual fund amongst other things, repealed the When I introduced the capital mar- companies to create a fund of funds. We Trust Indenture Act and key protec- kets bill back in July of last year, I permit mutual funds to advertise more tions under the Williams Act and Fed- said you have to begin the dialog some- information than is permitted under eral margin provisions, negated anti- place. I said that that initial bill was a current law. We also preempt the State fraud protections and suitability obli- work in progress. And to the credit of from duplicative State regulations, gations on broker dealers to institu- my subcommittee members who origi- recognizing that this is a national mar- tional investors, and decimated securi- nally cosponsored the legislation last ketplace and our companies are com- ties regulation and enforcement at the July, who, along with me, endured peting in a global way. State level. That bill, thank heaven, is some criticism, they never wavered in Mr. Speaker, this brief and cursory not this bill. their belief that our capital markets explanation does not do justice to the With that, I wish to commend my needed to be reformed and modernized, historic reform that this legislation good friend, the gentleman from Texas and we never lost our resolve to come represents. This House should be proud [Mr. FIELDS], the chairman of the sub- to this day, and we were encouraged to of what we are accomplishing today. committee, and the gentleman from see some of the things that happened The House should be proud of the gen- Massachusetts [Mr. MARKEY], for their once the debate was begun just with tleman from Virginia, Chairman BLI- outstanding efforts in reforming that the introduction of the bill. LEY, for moving this bill forward in the legislation into something we could re- Chairman Levitt gave a speech in way that he did. It should be proud of joice in and pass today. I want to again Vancouver which I think will go down the ranking minority member from commend Mr. FIELDS, the chairman of as one of the most significant events in Michigan [Mr. DINGELL] who has al- the subcommittee, and the gentleman the modernization of our capital mar- ways been willing to work in a positive from Virginia, Mr. BLILEY, the chair- kets regulatory regime, when he sug- and bipartisan manner with all of the man of the Committee on Commerce, gested that there were problems in du- Members of our committee. for working with Members on this side plicative regulation at the State and But, again, Mr. Speaker, I would be of the aisle, the Securities and Ex- Federal level. Then the SEC began to remiss if I did not give special credit change Commission, State securities recommend eliminating unnecessary and focus on my good friend, the gen- regulators, and the securities industry and redundant regulations. Margin re- tleman from Massachusetts, ED MAR- to write the balanced legislation that form was acted upon by the Federal KEY, who came to my office 2 nights be- we consider today. Reserve. A memorandum of under- fore we were to mark up the capital I will express my personal thanks to standing was entered into by the SEC, markets bill in the subcommittee, and the gentleman from Massachusetts the exchanges, and the National Asso- we sat together for 2 hours as we nego- [Mr. MARKEY] for his important leader- ciation of Securities Dealers to stream- tiated the bill. It was in those 2 hours ship on and contributions to this bill. line the examination of broker dealers. as we negotiated the bill. It was in Others will be describing the floor Many say that these reforms would not those 2 hours, without staff, that amendment in great detail. There are a have happened or would have come through our friendship, we found com- few points I would like to make. In his about much slower if the dialog had monality, to serve the interests of our November 30, 1995, testimony before not been initiated. constituents and the people who will be our committee, a great and decent man So today we bring to the House a affected by this reform, the investors and an outstanding regulator, Chair- very complex piece of dramatic reform of this country, and the capital mar- man Levitt, stated that: ‘‘State securi- legislation, in a complex subject mat- kets community. ties regulators play an essential role in ter area, but, again, with broad biparti- I would be further remiss if I did not the regulation of the U.S. securities in- san support and effort. acknowledge the hard work and per- dustry. State regulators are often the June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6447 first line of defense against developing tions about SEC fees. Although the ad- ferings to qualified investors, and mu- problems. They are the ‘local cops’ on ministration supports other provisions tual funds. This will lower the adminis- the beat who can quickly detect and re- of H.R. 3005, it has expressed serious trative and regulatory costs to inves- spond to violations of law.’’ concerns with reauthorization provi- tors across the country and increase I strongly agree with those senti- sions that would reduce or eliminate returns to mutual funds and other sav- ments. Nothing that we do in this leg- the use of increased securities registra- ings vehicles. islation should undercut the authority tion and transaction fees for general- On the issue of institutional suit- and ability of States to detect and take fund purposes. I intend to continue to ability, let me say during our hearings action against securities fraud and work with the administration to ad- we heard from three former SEC com- sales practice abuses. I will continue to dress their concerns with this provi- missioners, the Public Securities Ad- work on this issue in conference with sion, and hope my colleagues on the ministration, the PSA, and others in the Senate. Majority side will join in the effort to the private sector on the need for re- While I support the bill’s grant of ex- get a cooperative resolution of this form. We plan to pursue that issue in emptive authority to the SEC under issue. the next Congress. the Securities Act of 1933 and the Secu- Also I wanted to just observe that b 1515 rities Exchange Act of 1934, I want it this House is going to seriously miss clearly understood that this bill does my friend from Texas, Mr. FIELDS, Mr. BLILEY. Mr. Speaker, I yield 2 not grant the SEC the authority to when he goes. He has been a distin- minutes to the gentleman from Wash- grant exemptions from the antifraud guished Member of this body, a fine ington, Mr. RICK WHITE, a valued mem- provisions of either act. In determining chairman of this subcommittee, a valu- ber of the committee. the public interest, Congress has ex- able friend of mine, a responsible and Mr. WHITE. Mr. Speaker, I thank the pressed the public interest through the decent Member of this body, and I am gentleman for yielding me this time. express provisions of law that it has pleased that he is not yet leaving us. I Mr. Speaker, 2 years ago, I was a enacted. The SEC may not administra- do want the Record to show the high business lawyer, now I am a humble tively repeal these provisions by use of regard in which I hold the fine gen- freshman Member of Congress. I would the new exemptive authority. tleman from Texas. have to say that it has been a great I support responsible efforts to re- Mr. BLILEY. Mr. Speaker, I yield 2 privilege to serve on this subcommit- form and modernize the securities laws minutes to the distinguished gen- tee and this committee, where we have consistent with the maintenance of in- tleman from Ohio [Mr. OXLEY], the vice actually gotten some important things vestor protections and the trans- chairman of the subcommittee. done during this Congress. parency, integrity, and fairness of the Mr. OXLEY. Mr. Speaker, I thank It has been my privilege to serve U.S. securities markets. Our capital the gentleman for yielding me time. with the gentleman from Virginia, markets run on investor confidence, Mr. Speaker, never in our wildest Chairman BLILEY, the gentleman from and that confidence will disappear, and dreams could we imagine we would be Texas, JACK FIELDS, the subcommittee the liquidity and efficiency of our mar- on the floor today on a suspension cal- chairman, and with the ranking mem- kets will be seriously impaired, if in- endar to pass H.R. 3005, the securities bers, the gentleman from Michigan, vestors believe that we are turning the amendments of 1996. I want to pay trib- JOHN DINGELL, and the gentleman from hen-house sentry posts over to the ute to the gentleman from Texas, Massachusetts, EDWARD MARKEY, espe- foxes or abolishing half the sentry Chairman FIELDS, for his great leader- cially on this bill, where we were able posts at a time of increases poaching. ship, as well as the chairman of the full to work together and do something For example, yesterday’s Wall Street committee, the gentleman from Vir- that really needed to be done. Journal [Investigators Tie Brokers To ginia, Mr. BLILEY, along with our good Mr. Speaker, the fact is, as we heard Bribes, Monday, June 17, 1996, at C1] re- friend, the gentleman from Massachu- so many times during the hearings on ported that dozens of stockbrokers setts, ED MARKEY, the ranking member this bill, the United States right now around the country are suspected of of the subcommittee, and the ranking has the best capital markets in the taking hidden payments from promot- member, the gentleman from Michi- world. But I remember my days when I ers to sell stocks to their customers. gan, Mr. DINGELL, for their hard work, was a lawyer, it was only 2 years ago, The March 1996 report of the SEC–SRO– and also to Chairman Levitt for provid- and I dabbled in securities law at that State Joint Regulatory Sales Practice ing the kind of leadership at the SEC time. And in my office, right down the Sweep found that: one-fifth of the ex- that we have come to expect from that hall were the real securities lawyers in aminations resulted in enforcement re- fine gentleman. This bill is a product of my firm, and I well remember the days ferrals and an additional one-fourth of the work that all of the aforemen- when those securities lawyers and the the examinations resulted in the issu- tioned gentlemen put in on this very people working for them would be tear- ance of letters of caution of deficiency important bill. ing out their hair and rending their letters; almost one-half of the branches Times are changing and the way garments because of all the regulations that engage in some type of cold call- Americans invest are changing. The and hoops they had to jump through in ing evidence cold-calling violations or laws regarding securities and mutual order to get a securities offering done. deficiencies; supervisors in many of the fund policies must change as well. Ac- The fact is, Mr. Speaker, the price of branches examined conduct inadequate cording to the Fed, in 1980 the average liberty is eternal vigilance, and that or no routine review of registered rep- American household had one-third of maxim applies in the securities market resentatives’ customer service trans- its liquid assets in securities. By 1995 it just like in every place else. The great actions to detect sales practice abuses; had two-thirds of its liquid assets in se- thing about this bill is that it modern- and many of the branches examined curities. izes our securities laws and puts them utilized only minimum hiring proce- For once, Congress is taking positive in line for what we are going to need in dures and some of these are willing to action in the area of securities law and the 21st century. employ registered reps with a history not reacting to a crisis or to a scandal. One of the main problems we have of disciplinary actions or customer The bill is designated to promote cap- had, and one of the things that I no- complaints. ital formation, efficiency and competi- tices when I was a lawyer, is that when SEC resources are also an important tion, without compromising the integ- we want to issue a big securities offer- part of this enforcement equation. rity of our confidence in the financial ing, not only do we have to get ap- Title III of the floor amendment in- marketplace. The bill repeals or proval from Washington, DC, we have cludes the text of the SEC reauthoriza- amends sections of the Securities Act to get approval from 52 States and tion bill that passed the House unani- of 1933, the SEC Act of 1934, and the In- other offices in order to get that secu- mously in march of this year. As I un- vestment Company Act of 1940. The bill rities offering approved. That was one derstand it, the inclusion of this title creates a national system of securities of the reasons that the lawyers down is intended to facilitate good faith ne- regulation, eliminating duplication in the hall from me would tear out their gotiations between the House, Senate, State and Federal regulation for ex- hair whenever they had to go through and OMB to resolve longstanding ques- change listed securities, securities of- this process. H6448 CONGRESSIONAL RECORD — HOUSE June 18, 1996 Our bill fixes that. For large offer- gentleman from Virginia, Chairman Mr. BLILEY. Mr. Speaker, I yield 30 ings, there is one market from now on. BLILEY, and of the ranking minority seconds to the gentleman from New It streamlines it, makes it make a lot leader, the gentleman from Michigan, York [Mr. LAZIO] for the purpose of a more sense. Our bill also tries to bring JOHN DINGELL, of the Committee on colloquy. us into the 21st century is providing in- Commerce. Their historic roles in secu- Mr. LAZIO of New York. Mr. Speak- formation to investors. Right now, the rities legislation in very well known er, I thank the gentleman for yielding law says we have to provide investors and appreciated. me this time. with a big thick book every time we And especially, as has been noted As the chairman knows, there are are to issue a securities offering. But in several times before, to my good about 20 Members of Congress, includ- the future, if the SEC allows us to do friend, the gentleman from Texas, JACK ing the gentleman from New York, that, we will be able to do it by the FIELDS, of this subcommittee, who has Congressman DAN FRISA, who have ex- Internet or fax or some other elec- worked long and hard to bring this his- pressed deep concerns about tronic means. That is getting us ready toric piece of legislation here to the preferencing on securities exchanges. for the 21st century. floor. Preferencing enables broker-dealers to The fact is, Mr. Speaker, our job is Mr. FIELDS of Texas. Mr. Speaker, take the other side of their own cus- not over. We have some more work we will the gentleman yield? tomer orders, to the exclusion of com- need to be beyond this bill to bring our Mr. MARKEY. I yield to the gen- peting market interest. It is a de facto securities in line with the 21st century, tleman from Texas. form of collusion. Perferencing was not but it is a good step in the right direc- Mr. FIELDS of Texas. Mr. Speaker, I permitted on securities exchanges until tion, I am proud to be a part of it, and appreciate all of the gentleman’s kind 1991, when the Cincinnati Stock Ex- I urge all my colleagues to vote for this remarks. I think it is refreshing for the change began a preferencing pilot pro- bill. public and the country at large to see gram. Mr. MARKEY. Mr. Speaker, I yield both sides of the aisle working in an I want to address this to the gen- myself the balance of my time in which extremely complex issue area, working tleman from Texas, if I can, and ask to close the debate. together and finding commonality. him if in the course of deliberation, as Mr. Speaker, what I would like to do Mr. Speaker, I want to say on behalf the bill moves forward in the con- is thank those who helped to bridge the of the gentleman that he made this ference process, if he would work with gaps between the Democrats and Re- process a dialog, creating that oppor- me and the others who are interested publicans in making this legislation tunity for us to discuss and find where in this subject to ensure that this issue possible; because, as a practical mat- we could agree, and helped bring us to is addressed? Mr. BLILEY. Mr. Speaker, I yield ter, this bill could not have become this important day today. Certainly I such time as he may consume to the law, reached the floor today, without a think it is historic, and I just want to gentleman from Texas [Mr. FIELDS] for tremendous amount of dedication and compliment the gentleman. Mr. MARKEY. Mr. Speaker, reclaim- a brief comment. hard work on the part of many people. Mr. FIELDS of Texas. Mr. Speaker, I But a small number deserve to be espe- ing my time, I thank the gentleman, and I look forward to its passage in the want to respond to the gentleman that cially singled out, and I begin with it is my intent to work with all Mem- Linda Dallas Rich and David Cavicke Senate and to the President’s signature on this bill as well, which is the only bers of the House and develop the best and Kristy Strahman, who served the possible piece of legislation that can be majority extremely well over this past appropriate ending to this. Mr. BLILEY. Mr. Speaker, how much developed. year and a half in bringing this bill to time do I have remaining? Mr. BLILEY. Mr. Speaker, how much this place. The SPEAKER pro tempore (Mr. time remains? On the Democratic side, without the WELLER). The gentleman from Virginia The SPEAKER pro tempore. The gen- historic work of Consulea Washington [Mr. BLILEY] has 3 minutes remaining. tleman from Virginia [Mr. BLILEY] has and Jeff Duncan and Tim Forde, who Mr. BLILEY. Mr. Speaker, I yield 2 minutes remaining. dedicated personally this last year and myself 30 seconds. Mr. BLILEY. Mr. Speaker, I yield 1 a half to this particular piece of legis- Mr. MORAN. Mr. Speaker, will the minute to the gentleman from Wiscon- lation, we could not have been here. gentleman yield? sin, Mr. TOBY ROTH, a member of the And to Steve Cope, our exceptionally Mr. BLILEY. I yield to the gen- Committee on Banking and Financial talented and exceedingly patient legis- tleman from Virginia. Services. lative counsel, the senior staff of the Mr. MORAN. Mr. Speaker, I hate to Mr. ROTH. Mr. Speaker, I thank my Securities and Exchange Commission, get in the middle of this exchange of friend, the chairman, for yielding me under the direction of our very distin- roses, but our State Corporation Com- this time and I congratulate him and guished chairman, Arthur Levitt, who mission in Virginia, that I am sure the the other members of this committee provided us with critically important chairman is very much aware of, has who have done such a fine job on this assistance at key times over the last some concerns in that we essentially bill. few months, all are to be commended wipe out of a lot of the State laws. I I have listened attentively to the de- for an extraordinary job. can understand why we do, but they bate here this afternoon. This is a good Finally, I doubt we would have are very much afraid that they will not bill and I hope everyone votes for it. I reached the consensus without the have the time to go through their leg- did have a question about the States good faith participation of the States. islative and rulemaking process be- and how they will be impacted and we As proposals and ideas have been float- cause they now require regulation fees heard that in the debate here before. ed back and forth about how to change and the filing of notice of mutual fund This bill will eliminate any duplica- State laws and regulations, the States shares. And they are afraid as well that tions between State and Federal regu- have always responded stoically, with without doing so, they will not have lations governing mutual funds and good humor as well as with good faith. sufficient enforcement authority under other security activities. Neil Sullivan and Dee Harris have pro- their current State law. Can the chair- Mr. Speaker, serving on the Commit- vided remarkable leadership through- man assure us that it will be worked tee on Banking and Financial Services, out this difficult process. I have never out? I have had a great deal of interest in been as proud of that group as I am Mr. BLILEY. Mr. Speaker, reclaim- legislation like this. The measure be- here today. ing my time, they have all of that en- fore us is not perfect, but it is going be- While there are not many legislative forcement authority and they retain cause it has been scaled down a long days left in this session of Congress, I their fees. way from the controversial changes still think that we have a good chance Mr. MORAN. They retain their fees that it first had, but this is a good of seeing much of what we vote on and enforcement authority. piece of legislation. there today enacted into law within Mr. BLILEY. That is correct. Even though this legislation pre- the next couple of months. That re- Mr. MORAN. Mr. Speaker, I thank empts some State powers over securi- markable prospect would not have been the gentleman for putting that on the ties, the bill would preserve a signifi- possible without the leadership of the record. cant role for the State regulators. For June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6449 example, the State would no longer those that are national in scope and those that I urge my colleagues to support H.R. 3005. have jurisdiction over mutual funds, are not. This allows the SEC to focus its re- Mr. ACKERMAN. Mr. Speaker, on May 9, and the bill would scale back State reg- sources as the sole regulator of larger, na- 1996, 18 of my colleagues and I wrote to the ulation securities offerings, substitut- tional offerings, while the States will carry out SEC to express our strong concern about the ing Securities and Exchange Commis- the crucial role of regulating smaller offerings. SEC's order giving permanent approval to a sion for a dual State-Federal system in This change enables regulators to concentrate preferencing program on the Cincinnati Stock place. But, on the other hand, this is a on those instruments they are best suited to Exchange, the CSE. Among the important is- good bill, it is a well balanced bill, and oversee. At the same time, eliminating dupli- sues raised in the letter was the adequacy of I hope we all vote for it. cative registration requirements will reduce the the CSE's surveillance system. Mr. BLILEY. Mr. Speaker, I yield 1 cost of raising capital. Thus, more companies Preferencing enables a broker-dealer to minute, the balance of my time, to the will be able to create jobs, pay out higher divi- take the other side of its own customer order, gentleman from New York [Mr. FRISA], dends, and further expand their business. to the exclusion of the other competing market a member of the committee. These are the tangible effects of the bill we interest. Because preferencing presents a Mr. FRISA. Mr. Speaker, I thank the are addressing today. Thus, this bill moves broker-dealer with a conflict between its duty chairman for yielding me this time, entrepreneurs and investors one step closer to to its customer as a broker and its financial and I would like to take this oppor- fulfilling the American Dream. Congress can self-interest as a dealer, an effective surveil- tunity in joining with my colleagues and should continue to enact legislation that lance system is especially important. Among from both sides of the aisle in acknowl- provides hope to the citizens of this Nation. the unanswered questions about the CSE edging the tremendous leadership that Mrs. COLLINS of Illinois. Mr. Speaker, dur- preferencing program is whether the CSE's the gentleman from Virginia, Chair- ing three hearings held on securities amend- surveillance system can ensure that dealers ments, the Commerce Committee heard sup- man BLILEY, of the Committee on Com- taking the other side of their customers' orders port for sensible, targeted efforts to reform merce, has exhibited in this case to fulfill their fiduciary obligations to achieve the Federal securities laws to promote greater effi- bring both sides together in a very best price for their customers. Given the ciency and capital formation in U.S. financial complex issue, which, most impor- SEC's traditional emphasis on investor protec- markets. We also heard from a number of wit- tantly, will benefit the investors, all of tion, it is surprising that the order approving nesses, including Securities and Exchange them, the individual families who in- the CSE preferencing program does not ad- Commission Chairman Arthur Levitt, who vest as well as the large pools of money dress this issue. urged us to proceed carefully and cautiously, that invest; because, really, Mr. Speak- Mr. Speaker, today we take up H.R. 3005, keeping in mind the fact that investor con- er, those investors are the few that the securities amendments of 1996. This legis- fidence and consumer protection must not in drive the engine of the American econ- lation does not address the issue of any way be compromised in this undertaking. omy by investing in the stock market preferencing but I understand that similar leg- I agree fully. I was extremely pleased that a their hard-earned money so that cor- islation in the other body may contain a provi- porations will have the funds to invest bipartisan agreement was reached that heed- ed Chairman Levitt's sage device. sion directing the SEC to undertake detailed in capital and in jobs. I think it rep- As we all know, U.S. capital markets are the study of preferencing on exchange markets. resents yet another victory for the peo- strongest financial markets in the world. Such a study would likely provide answers to ple and for the Committee on Com- Today, nearly one-third of all families in the some of the unanswered questions about merce in crafting this bipartisan legis- Nation have a portion of their savings invested preferencing on the CSE, such as the ade- lation. in stocks, bonds, and mutual funds in order to quacy of the CSE's surveillance system. Un- I think it is also important, Mr. ensure a better future for themselves and their less such a study concludes that there are Speaker, to acknowledge that the loved ones. These investors have trust in their tangible benefits to investors and to the capital chairman of the Securities and Ex- investments because our regulatory system formation process from this questionable prac- change Commission, Arthur Levitt, has has proven beneficial in protecting individuals tice, I would support efforts to move swiftly to worked with us as well in order to craft from fraud and abuse perpetuated by unscru- ban preferencing on exchanges. this agreement. And I think, finally, pulous brokers and dealers. We will be pre- The SPEAKER pro tempore. The the gentleman from Texas [Mr. serving and strengthening this trust with the question is on the motion offered by FIELDS], the chairman of the sub- legislation we consider before us today. the gentleman from Virginia [Mr. BLI- committee, who I have been pleased to This legislation will maintain the authority of LEY] that the House suspend the rules work with, and the gentleman from State securities regulators to police wrong- and pass the bill, H.R. 3005, as amend- Massachusetts [Mr. MARKEY], the rank- doing. In addition, the legislation in its current ed. ing member of the subcommittee, have form ensures that the SEC mandate to protect The question was taken. provided leadership as well. American investors and the public interest as Mr. BLILEY. Mr. Speaker, on that I Mr. Speaker, I say to the gentleman well as the long-term stability of our major demand the yeas and nays. from Virginia [Mr. BLILEY] and to all markets remains intact. This is a most impor- The yeas and nays were ordered. the others, this entire House can be tant point. While there is room to fine tune the The SPEAKER pro tempore. Pursu- proud of this legislation. I urge its regulatory functions of the SEC, reforms must ant to clause 5 of rule I and the Chair’s adoption. never be structured in such a way that they prior announcement, further proceed- Mr. HASTERT. Mr. Speaker, I am glad to undermine consumer confidence. ings on this motion will be postponed. see consensus has been reached to move This bill, H.R. 2005, does not seek to great- f ahead with bipartisan legislation that will equip ly limit inspections of brokerage firms who GENERAL LEAVE America's capital markets to compete in the have violated SEC rules or relieve firms of li- global marketplace. The changes in this bill ability for recommending unsuitably risky in- Mr. BLILEY. Mr. Speaker, I ask will ultimately make it easier for business peo- vestments to institutional clients. The bill also unanimous consent that all Members ple and investors all over this Nation to reach modifies previous language that would have may have 5 legislative days within the American Dream. eliminated the requirement in current law that which to revise and extend their re- We all know that communications tech- investors be sent a prospectus and informed marks on H.R. 3005 the bill just consid- nologies have made the world a smaller place. of the risks they face before they buy newly ered. People and businesses looking for capital, or offered securities by requiring the SEC to The SPEAKER pro tempore. Is there those looking to invest, are now able to shop move forward with its study of this issue. objection to the request of the gen- around the world. They look for those markets Mr. Speaker, there is undoubtedly a need to tleman from Virginia? that provide the highest degree of integrity, monitor mutual fund regulation to fully account There was no objection. transparency, and liquidity, but do not require for the constantly evolving size, complexity, f unnecessary or burdensome red tape. and investment opportunities of our Nation's fi- H.R. 3005 makes commonsense changes to nancial markets. While mutual funds have ANTI-CAR THEFT IMPROVEMENTS a system that today, makes the cost of capital grown by more than 20 percent annually ACT OF 1996 generation unnecessarily high and overbur- throughout the 1980's and into the 1990's, Mr. MCCOLLUM. Mr. Speaker, I dens the Securities and Exchange Commis- Congress has not addressed the issue of fund move to suspend the rules and pass the sion. The most fundamental change provides regulation since 1970. This bill updates our bill (H.R. 2803) to amend the anti-car efficiency by dividing financial instruments into securities laws. theft provisions of title 49, United H6450 CONGRESSIONAL RECORD — HOUSE June 18, 1996 States Code, to increase the utility of title 49, United States Code, shall be effec- Congress acts, it is unlikely that an motor vehicle title information to tive as provided in the rules promulgated by automated titling system will be estab- State and Federal law enforcement of- the Attorney General. lished. It is for this reason that I, along ficials, and for other purposes, as The SPEAKER pro tempore. Pursu- with the gentleman from New York amended. ant to the rule, the gentleman from [Mr. SCHUMER], have introduced H.R. The Clerk read as follows: Florida [Mr. MCCOLLUM] and the gen- 2803, the Anti-Car Theft Improvements H.R. 2803 tleman from North Carolina [Mr. Act of 1995. The bill transfers authority Be it enacted by the Senate and House of Rep- WATT] each will control 20 minutes. for implementing the titling system to resentatives of the United States of America in The Chair recognizes the gentleman the Department of Justice and, impor- Congress assembled, from Florida [Mr. MCCOLLUM]. tantly, establishes a new, realistic SECTION 1. SHORT TITLE. GENERAL LEAVE time table. This Act may be cited as the ‘‘Anti-Car Mr. MCCOLLUM. Mr. speaker, I ask By way of background, the 1992 bill Theft Improvements Act of 1996’’. unanimous consent that all Members gave responsibility for implementing SEC. 2. SYSTEM NAME AND IMPLEMENTATION may have 5 legislative days within the Anti-Car Theft Act to both the De- DATE. which to revise and extend their re- partment of Justice and the Depart- (a) SYSTEM DATE.—Section 30502(a)(1) of ment of Transportation. The Justice title 49, United States Code, is amended by marks on the bill under consideration. striking ‘‘January 31, 1996’’ and inserting The SPEAKER pro tempore. Is there Department has made significant ‘‘December 31, 1997’’. objection to the request of the gen- progress in establishing an electronic (b) SECTION 30503.—Section 30503(d) of title tleman from Florida? information system that indicates 49, United States Code, is amended by strik- There was no objection. when certain auto parts came from a ing ‘‘January 1, 1997’’ and inserting ‘‘October b 1530 vehicle reported stolen. It has become 1, 1998’’. apparent, however, that this parts in- (c) SYSTEM NAME.—Chapter 305 of title 49, Mr. MCCOLLUM. Mr. Speaker, I yield formation system cannot be fully effec- United States Code, is amended by striking myself such time as I may consume. tive by itself and prompt action should ‘‘National Automobile Title Information Mr. Speaker, H.R. 2803, the Anti-Car System’’ each place it occurs in the chapter be taken to establish the other major Theft Improvements Act of 1995, element, the titling information sys- heading, the table of sections for chapter 305, amends the anti-car theft provisions the section heading for section 30502, and in tem. H.R. 2803 would give authority to the texts of sections 30502 and 30503 and in- established by Congress in 1992 to in- the Department of Justice to establish serting ‘‘National Motor Vehicle Title Infor- crease the utility of motor vehicle title both the parts and titling system des- mation System’’. information to State and Federal law ignated in the 1992 Act. SEC. 3. DELEGATION OF AUTHORITY. enforcement officials. Mr. Speaker, let me take just a (a) SECRETARY OF TRANSPORTATION.—Sec- Mr. Speaker, States issue almost minute to briefly describe what the bill tions 30501, 30502, 30503, 30504, and 30505 of 140,000 new titles every year for stolen does: H.R. 2803 would extend the imple- title 49, United States Code, are each amend- vehicles because there is no automated mentation date established in the Auto ed by striking each reference to ‘‘Secretary way to verify the validity of records Theft Act of 1992 from January 1996 to of Transportation’’ or ‘‘Secretary’’ and in- from other States. Moreover, the costs a more reasonable date in 1997. The bill serting ‘‘Attorney General’’. imposed on society by carjackings and (b) ATTORNEY GENERAL.—Section 30502 of will also give authority to the Depart- title 49, United States Code, is amended by auto thefts remain unacceptably high. ment of Justice to implement the title striking each reference to ‘‘Attorney Gen- Car theft has risen 28 percent over the information system. As I mentioned eral’’ and inserting ‘‘Secretary of Transpor- last 10 years at a cost of at least $8 bil- earlier, both the stolen parts system tation’’. lion annually. The auto theft industry and the title information system would SEC. 4. TITLE INFORMATION SYSTEM. is booming nationwide for the simple be operated under the auspices of the Section 30502 of title 49, United States reason that stealing cars is a lucrative, Department of Justice. Code, is amended by adding at the end the easy, relatively low-risk proposition. In addition to redelegating respon- following: In addition, over the last few years, car sibilities for the program, H.R. 2803 ‘‘(f) IMMUNITY.—Any person performing any theft has taken a violent turn for the activity under this section or section 30503 or would also grant limited immunity 30504 in good faith and with the reasonable worst, involving more than just prop- from civil action to entities operating belief that such activity was in accordance erty crime. Brazen predators on our the information systems. This particu- with this section or section 30503 or 30504, as streets steal cars at gun point, lar provision will protect from poten- the case may be, shall be immune from any carjacking at a rate of approximately tial liability those who serve the public civil action respecting such activity which is one every 20 seconds. by providing the titling information to seeking money damages or equitable relief in To help States fight back, Congress appropriate parties. any court of the United States or a State.’’. passed the Anti-Car Theft Act of 1992 And, finally, Mr. Speaker, H.R. 2803 SEC. 5. STOLEN VEHICLE INFORMATION SYSTEM. which required the Department of authorizes appropriations as necessary Section 33109 of title 49, United States Transportation to establish by January for the previously established grant Code is amended by adding at the end the 31, 1996, an electronic information sys- program to enable States to make the following: tem that would allow a State motor ve- ‘‘(d) IMMUNITY.—Any person performing necessary software changes in order for any activity under this section or section hicle titling authority to check in- them to begin participating in the ti- 33110 or 33111 in good faith and with the rea- stantly whether a vehicle had been sto- tling information system. The measure sonable belief that such activity was in ac- len before it issues a new title for that eliminates the requirement from the cordance with such section shall be immune vehicle. The bill also authorized a Fed- 1992 act that States cover 75 percent of from any civil action respecting such activ- eral grant program to help States mod- the costs of the implementation and ity which is seeking money damages or equi- ify computer software for this purpose. also does away with the $300,000 cap on table relief in any court of the United States Once established, the title information grants available to each State. I would or a State.’’. system would enable State motor vehi- like to emphasize that while the Fed- SEC. 6. GRANTS TO STATES. cle departments, law enforcement offi- eral Government will be assisting (a) AMENDMENT.—sECTION 30503(C)(2) OF TITLE 49, United States Code, is amended to cials, prospective auto purchasers, and States in setting up their systems in read as follows: insurance carriers to check the valid- the first year, the program will become ‘‘(2) The Attorney General may make rea- ity of purported ownership documents, completely self-sufficient in future sonable and necessary grants to participat- thereby preventing thieves from using years, since it will be fully supported ing States to be used in making titling infor- ostensibly valid titles for stolen cars. by user fees. Other automated systems mation maintained by those States available Well, the January 1996 deadline has established by Congress, such as the to the operator.’’. come and gone and the Department of National Driver Register and the Com- (b) AUTHORIZATION.—The are authorized to Transportation has not established be appropriated such sums as may be nec- mercial Drivers License Information essary to carry out sections 30503 and 33109 of such a system nor has it designated an- System have been successfully sup- title 49, United States Code. other entity to do so, despite authority ported by user fees. (c) INFORMATION SYSTEM.—The information granted in the Anti-Car Theft Act of Now, the bill in the form which is system established under section 30502 of 1992. It is becoming clear that unless being considered today contains a few June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6451 modifications from the Committee’s partment of Justice, in addition, the I would like to confirm with the gen- reported version. These modifications Department of Justice already has ac- tleman from Florida that he would sup- are a result of cooperation with the cess to data systems that can be adapt- port the Committee on Commerce’s re- Commerce Committee and are largely ed to include titling information. quest for an appropriate number of technical and clarifying changes. In ad- Recognizing that reality, all parties conferees should this bill become the dition, this amended version of H.R. concerned have agreed that respon- subject of a House-Senate conference. 2803 extends the system implementa- sibility for this national title register Mr. MCCOLLUM. Mr. Speaker, will tion deadline by 3 more months, from should be shifted from the Department the gentleman yield? an October 1997 deadline in the original of Transportation to the Department of Mr. OXLEY. I yield to the gentleman bill, to a December 1997 deadline, and Justice. from Florida. includes authorizing language for the This bill does that. I urge my col- Mr. MCCOLLUM. Mr. Speaker, as the stolen parts system that had been in- leagues to support it. gentleman knows, that decision would cluded in the 1992 bill but was erro- Mr. Speaker, I reserve the balance of be primarily between our two chair- neously removed during the recodifica- my time. men, the gentleman from Virginia [Mr. tion of title 49, United States Code. Mr. MCCOLLUM. Mr. Speaker, I yield BLILEY] and the gentleman from Illi- And on behalf of Mr. HYDE, the Judici- 3 minutes to the gentleman from Ohio nois [Mr. HYDE]. But certainly I have ary Committee chairman, and myself, [Mr. OXLEY]. no objection to that. we would like to thank Mr. BLILEY, Mr. OXLEY. Mr. Speaker, I thank Mr. OXLEY. Mr. Speaker, I appre- chairman of the Commerce Committee, the gentleman for yielding time to me. ciate that. Reclaiming my time, I want for his support and cooperation. I rise today in support of H.R. 2803, to thank the gentleman from Florida Mr. Speaker, this is a very important the Anti-Car Theft Improvements Act for his commitment and hard work on bill that will strengthen an effective of 1996. When the Congress enacted the this legislation. The Committee on crime fighting tool for State and Fed- Anti-Car Theft Act of 1992, the Com- Commerce has no objection to the leg- eral law enforcement across the coun- merce Committee and Judiciary Com- islation. As a matter of fact, we sup- try. I urge my colleagues to support mittee worked as partners to craft leg- port it strongly. I urge my colleagues this measure. islation which addressed the continu- on both sides of the aisle to support it. Mr. Speaker, I reserve the balance of ing problem of car theft from a number Mr. WATT of North Carolina. Mr. my time. of angles. One provision set up an in- Speaker, I have no further requests for Mr. WATT of North Carolina. Mr. formation system to track information time, and I yield back the balance of Speaker, I yield myself such time as I about vehicle titles and stolen parts. my time. may consume, and I rise in support of Unfortunately, for a variety of reasons, Mr. MCCOLLUM. Mr. Speaker, I have the bill. implementation of this information no further requests for time, and I This is a simple bipartisan bill that system has been delayed thus far. yield back the balance of my time. is intended to make the Federal Anti- H.R. 2803 addresses a number of is- The SPEAKER pro tempore (Mr. car Theft Program work better. It has sues which have been identified as pos- WELLER). The question is on the mo- the support of the National Association sible bottlenecks in implementing this tion offered by the gentleman from of Motor Vehicle Administrators, the information system. A lack of re- Florida [Mr. MCCOLLUM] that the Clinton administration, the auto- sources at the Department of Transpor- House suspend the rules and pass the mobile industry, and the auto insur- tation, combined with some ambigu- bill, H.R. 2803, as amended. ance industry. ities in the original act, led to a situa- The question was taken; and (two- In 1992, Congress passed the Anti-car tion where a tool which had obvious thirds having voted in favor thereof) Theft Act in response to spiraling auto value to law enforcement officials in the rules were suspended and the bill, theft in America. Among other things, the States and Federal Government as amended, was passed. that law set up two national registers could not be set up. A motion to reconsider was laid on of information—one dealing with sto- H.R. 2803 paves the way for full im- the table. len parts, and another dealing with car plementation of the information sys- f titles. tem. The Department of Transpor- CHURCH ARSON PREVENTION ACT The stolen parts register was as- tation has already begun a pilot pro- OF 1996 signed to the Department of Justice, gram, which will serve as the model for and the national titling register to the nationwide implementation. It pro- Mr. HYDE. Mr. Speaker, I move to Department of Transportation. This vides a specific authorization for ap- suspend the rules and pass the bill bill deals with the national titling reg- propriations, and transfers authority (H.R. 3525) to amend title 18, United ister. for overseeing the project from the De- States Code, to clarify the Federal ju- The national titling register will be partment of Transportation to the De- risdiction over offenses relating to an important tool to stop a practice partment of Justice. With these damage to religious property, as known as ‘‘washing’’ the titles of sto- changes, I believe that we can finally amended. len cars. Right now, car thieves can realize the potential provided by this The Clerk read as follows: steal a car in one State, then take it to kind of information system. H.R. 3525 another State and by using criminal As I mentioned earlier, the Com- Be it enacted by the Senate and House of Rep- paper-shuffling, get a new washed title merce Committee and Judiciary Com- resentatives of the United States of America in for the stolen car. mittee have a long record of working Congress assembled, As surprising as it may seem, there is together on these issues, stretching SECTION 1. SHORT TITLE. presently no central place against back to the early 1980’s and before. Be- This Act may be cited as the ‘‘Church which a State can check the bona fides cause the Judiciary Committee ad- Arson Prevention Act of 1996’’. of a title from another State before it dressed a number of our substantive SEC. 2. DAMAGE TO RELIGIOUS PROPERTY. issues a new one. Most checking of ti- concerns in the legislation before us, (a) IN GENERAL.—Section 247 of title 18, United States Code, is amended— tles now is done after the fact, by mail, the Commerce Committee has waived (1) so that subsection (b) reads as follows: using paper records, and is not very ef- its right to a sequential referral of H.R. ‘‘(b) The circumstances referred to in sub- fective. 2803 in order to expedite its consider- section (a) are that the offense is in or af- The central title register is therefore ation. fects interstate or foreign commerce.’’; a crucial step toward stopping inter- Mr. Speaker, I would like to espe- (2) in subsection (a), by striking ‘‘sub- state movement of stolen cars. cially thank the chairman of the sub- section (c)’’ and inserting ‘‘subsection (d)’’; Unfortunately, experience has shown committee, the gentleman from Flor- (3) in subsection (c), by inserting ‘‘or (c)’’ after ‘‘subsection (a)’’; since 1992 that the Department of ida [Mr. MCCOLLUM], for his leadership (4) by redesignating subsections (c), (d), Transportation is not the best place for on this legislation in providing the and (e), as subsections (d), (e), and (f), respec- establishing such a register. kind of help for our committee as well tively; The register is primarily a law en- as the full House in enacting this legis- (5) by inserting after subsection (b) the fol- forcement tool, better suited to the De- lation. lowing: H6452 CONGRESSIONAL RECORD — HOUSE June 18, 1996 ‘‘(c) Whoever intentionally defaces, dam- enough to use a telephone to help com- ing our view that church arsons could ages, or destroys any religious real property mit the crime—the call must go out of be found to be in interstate commerce. because of the race, color, or ethnic charac- State. Another example would be a cir- See, e.g., United States v. Norton, 700 teristics of any individual associated with cumstance where the defendant uses F.2d 1072 (6th Cir.), cert. denied, 461 U.S. that religious property, or attempts to do so, shall be punished as provided in subsection public transportation to facilitate the 910 (1983); United States v. Swapp, 719 F. (d).’’; and crime—it would not be enough if that Supp. 1015 (D. Utah 1989), aff’d 934 F.2d (6) in subsection (f) as so redesignated by bus or train traveled interstate, the de- 326 (10th Cir. 1991). In fact, the Supreme this section, by inserting ‘‘real’’ before fendant must have used it in interstate Court, in reviewing the legislative his- ‘‘property’’ each place it appears. commerce. tory associated with section 844(i), (b) COMPENSATION OF VICTIMS.— This highly restrictive and duplica- cited an amendment to the provision (1) REQUIREMENT OF INCLUSION IN LIST OF tive language has greatly limited the which was intended to expand coverage CRIMES ELIGIBLE FOR COMPENSATION.—Section effectiveness of this law. The Justice from just business property to ‘‘a pri- 1403(d)(3) of the Victims of Crime Act of 1984 Department has indicated that in the vate dwelling, or a church or other (42 U.S.C. 10602(d)(3)) is amended by inserting ‘‘crimes, whose victims suffer death or per- majority of these cases, the Govern- property not used in business.’’ Russell sonal injury, that are described in section 247 ment is unable to establish the com- v. United States, 471 U.S. 858, 860–862 n.7 of title 18, United States Code,’’ after ‘‘in- merce clause predicates required. Con- (1985). We are making the interstate cludes’’. sequently, this statute is simply not commerce requirement of section 247 (2) PRIORITY IN CRIME VICTIM ASSISTANCE.— punishing or deterring the very kind of consistent with that of section 844(i) so Section 1404(a)(2)(A) of the Victims of Crime misconduct it was originally intended as to ensure that the Federal Govern- Act of 1984 (42 U.S.C. 10603(a)(2)(A)) is amend- to address. ment has equal authority to prosecute ed by inserting ‘‘victims who suffer death or Just 2 days after our hearing I intro- damage to religious real property personal injury resulting from crimes de- scribed in section 247 of title 18, United duced H.R. 3525, and was pleased to be caused by something other than arson. States Code, and’’ before ‘‘victims of’’. joined in this effort by the ranking Further, section 247 will permit pros- member of the Judiciary Committee, ecution of those who would inten- The SPEAKER pro tempore (Mr. JOHN CONYERS. There are now 94 co- tionally obstruct any person in the en- NETHERCUTT). Pursuant to the rule, the sponsors of our bill. Today, under sus- joyment of his or her free exercise of gentleman from Illinois [Mr. HYDE] and pension of the rules, we will consider a religious beliefs. the gentleman from Michigan [Mr. manager’s amendment to the bill as re- Second, the manager’s amendment CONYERS] each will control 20 minutes. ported by the Judiciary Committee. eliminates the requirement of current The Chair recognizes the gentleman That amendment contains additional law that the damage involved must be from Illinois [Mr. HYDE]. provisions intended to assist in com- of a value of more than $10,000. When GENERAL LEAVE pensating the victims of these abhor- introduced, our bill would have reduced Mr. HYDE. Mr. Speaker, I ask unani- rent acts. that amount to $5,000. In Committee, mous consent that all Members may Specifically, this legislation would substitute language was adopted that have 5 legislative days to revise and ex- broaden the jurisdictional authority of eliminated the dollar threshold in its tend their remarks on the bill under the Federal Government to seek crimi- entirety. I offered this amendment be- consideration. nal penalties in cases of damage to re- cause I have become convinced that a The SPEAKER pro tempore. Is there ligious real property based upon wheth- minimum dollar amount is not nec- objection to the request of the gen- er or not the offense is in or affects essary to justify Federal involvement tleman from Illinois? interstate or foreign commerce. in these types of cases. That is, they There was no objection. This formulation replaces the inter- are clearly hate crimes and implicitly (Mr. HYDE asked and was given per- state commerce requirement of current interfere with the first amendment mission to revise and extend his re- law, thereby simplifying and enhancing rights or civil rights of the victims. marks.) the ability of the Attorney General to Spray painted swastikas on synagogues Mr. HYDE. Mr. Speaker, I yield my- successfully prosecure cases under Fed- or gunshots fired through church win- self such time as I may consume. eral law. dows may not reflect large dollar Today we consider the Church Arson The interstate commerce require- losses, but they are nevertheless as- Prevention Act of 1996, H.R. 3525, legis- ment is intended to avoid the problem saults on religious freedom. lation reflecting a bipartisan congres- identified in United States v. Lopez, 115 The manager’s amendment also sional response to the rash of church S. Ct. 1624 (1995), in which the Supreme amends section 247 by creating a new burnings that have occurred in recent Court struck down as unconstitutional subsection (c) which makes it unlawful months. legislation which would have regulated to damage religious real property be- On May 21, the House Judiciary Com- the possession of firearms in a school cause of the racial or ethnic character mittee conducted a hearing focusing on zone. In that case, the Court found that of persons associated with that prop- this problem. The committee, at that the conduct to be regulated did not erty. Current law requires that the time, heard first hand from Federal have a substantial effect on interstate damage be caused only because of the and State law enforcement officials re- commerce, and was therefore not with- religious character of the property. garding the status of their various in- in the Federal Government’s reach Section 247, as amended by H.R. 3525, vestigations. In addition, we heard under the interstate commerce clause will firmly reach any attack of a some very compelling and emotional of the Constitution. H.R. 3525, by con- church that is tied to the racial or eth- testimony from two black ministers trast, specifically limits its reach to nic characteristics of the members of representing affected African-Amer- conduct which can be shown to be in or the church or house of worship. ican congregations. to affect interstate commerce. Thus, if Because power to enact this sub- During that hearing, the Department in prosecuting a particular case, the section is found in the 13th amendment of Justice indicated that the principal Government is unable to establish this to the Constitution rather than the statute used to prosecute church arson interstate commerce connection to the commerce clause, a showing that the contains some significant defects that act, section 247 will not apply to the of- offense is in or affects interstate com- need to be remedied. Specifically, sec- fense. merce is not an element of a subsection tion 247 of title 18, damage to religious The formulation of the interstate (c) crime. Section 1 of the 13th amend- property, imposes an interstate com- commerce nexus in H.R. 3525 is vir- ment prohibits slavery or involuntary merce requirement that goes well be- tually identical to that found in sec- servitude. Section 2 of the amendment yond constitutional requirements. The tion 844(i) of title 18, the Federal arson states, ‘‘Congress shall have power to current law says that the defendant statute, which is limited to cover enforce this article by appropriate leg- must either travel in interstate com- buildings ‘‘used in interstate commerce islation.’’ It is pursuant to this author- merce, or use a facility or instrumen- or in any activity affecting interstate ity to enforce the 13th amendment, tality of interstate commerce and that commerce.’’ That statute, which was that Congress may make it a crime for the defendant must do so ‘‘in interstate enacted in 1970, has been used to pros- persons to deface, damage, or destroy commerce.’’ Thus, for example, it’s not ecute church arsons, thereby confirm- houses of worship because of the race, June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6453 color or ethnic origin of persons using cident of slavery than denial of housing tools to punish and deter these shame- the house of worship. based on race. Many of the victims of ful, vile acts. The leading Supreme Court case on church arsons have been quoted re- b 1545 Congress’s authority to reach private cently as stating that the fires ap- conduct under the 13th amendment is peared to them to resurrect the days in Mr. Speaker, I yield 1 minute to the Jones v. Alfred H. Mayer Co., 392 U.S. 409 which racial discrimination and in- distinguished gentleman from Virginia (1968). In Jones, Congress reviewed 42 timidation was rampant. This legisla- [Mr. DAVIS]. U.S.C. 1982, which provides that, ‘‘All tion easily falls within the kind of pri- (Mr. DAVIS asked and was given per- citizens of the United States shall have vate action Congress may reach pursu- mission to revise and extend his re- the same right, in every State and Ter- ant to its authority to enforce the 13th marks.) Mr. DAVIS. Mr. Speaker, as an ritory, as in enjoyed by white citizens amendment to prohibit private conduct American citizen, a Virginian, and a thereof to inherit, purchase, lease, sell, that discriminates on the basis of race. Member of Congress, I want to con- hold, and convey real and personal While this legislation might be tar- demn in the strongest possible terms property.’’ geted primarily at the recent increase the epidemic of arson against churches The Court in Jones held that 42 in fires at churches owned by African- that has taken hold across the south- U.S.C. 1982 barred private discrimina- Americans, its reach is broad enough ern States and elsewhere in our land. I tion in the sale or rental of private to include arsons or acts of violence am absolutely appalled that, after all property, and that Congress had au- motivated by bias directed at any ra- this land has done to heal old wounds thority under section 2 of the 13th cial or ethnic minority group, and at and guarantee fairness and justice to amendment to reach private acts of ra- synagogue desecrations as well. In all Americans, there are some who still cial discrimination. ‘‘[T]he fact that Saint Francis College v. Al-Khazraji, 481 succumb to hate. section 1982 operates upon the unoffi- U.S. 604 (1987), the Supreme Court stat- The deliberate burning of churches in cial acts of private individuals, wheth- ed that an individual of Arab descent our land for that has been occurring er or not sanctioned by state law, pre- could file a claim under 42 U.S.C. 1981, over the past 18 months is an outrage. sents no constitutional problem.’’ 392 in which Congress guaranteed to all It must stop. Those who perpetrate U.S. at 438. The Court stated that sec- persons the same right to enter con- those acts of violence must be brought tion 2 of the 13th amendment gave Con- tracts ‘‘as is enjoyed by white citi- to justice. gress ‘‘power to pass all laws necessary zens.’’ Section 1981, like 42 U.S.C. 1982, This is one of those rare occasions and proper for abolishing all badges was enacted pursuant to Congress’s au- when nothing short of the full re- and incidents of slavery in the United thority to implement the 13th amend- sources of the Federal Government States.’’ Id. at 439. The Court con- ment. The court in Saint Francis Col- must be brought to bear. No single cluded in Jones that ‘‘badges and inci- lege held that, when sections 1981 and State government is strong enough to dents of slavery’’ included racial re- 1982 were enacted in the mid–1800’s, the deal with crimes and possibly crimi- straints upon the holding of property, persons who did not qualify as white nals that do not respect State borders. and therefore legislation that prohib- citizens under the Congress’s under- Penalties should be stiff and uniform. ited discrimination in the right to hold standing of that term at the time in- As I read reports of the latest of these and use property clearly was encom- cluded ethnic minorities. In Shaare incidents, I had the feeling that we passed within Congress’s power to en- Tefila Congregation v. Cobb, 481 U.S. 615 have been down this terrible road be- force the 13th amendment. Id. at 441. (1987), decided with Saint Francis Col- fore. Memory carried me back to head- Subsequently, the Supreme court stat- lege versus Al-Khazraji, the Supreme lines I remember reading in the dec- ed, ‘‘[S]urely there has never been any Court held, under the same analysis, ades in which I was growing up. doubt of the power of Congress to im- that Jews were encompassed within the In 1958, a synagogue was bombed in pose liability on private persons under protections of 42 U.S.C. 1982. Atlanta. President Eisenhower took to Section 2 of [the Thirteenth] Amend- These two cases establish that, in the airwaves and expressed his horror ment.’’ Griffen v. Breckenridge, 403 U.S. passing legislation to protect churches at the atrocity and contempt for those 88, 105 (1971). and houses of worship under its 13th who committed it. The Nation recom- While 42 U.S.C. 1983 was enacted in amendment authority, Congress may mitted itself to respect for all Ameri- 1866, Congress has used its authority to reach attacks not only on churches cans and for freedom of religion. In enforce the 13th amendment more re- owned by African-Americans, but 1962, a church was bombed in Bir- cently. The 13th amendment was one churches owned or used by other mi- mingham. Four young girls were authorization on which Congress relied nority groups, and synagogues as well. killed. The conscience of the Nation when it enacted the fair housing provi- Congress’s exercise of its authority to was aroused in anger and disgust. sions of the Civil Rights Act of 1968 eliminate the badges and incidents of President Kennedy spoke for us all (Public Law 90–284, approved April 11, slavery easily supports legislation to when he said, ‘‘If these cruel and tragic 1968). See discussion in United States v. make it a crime to deface, damage or events can only awaken that city and Hunter, 459 F.2d 205, 214 (4th Cir.), cert. destroy a house of worship because of State—if they can only awaken this en- denied, 409 U.S. 934 (1972); Williams v. the race, color, or ethnic origin of the tire Nation—to a realization of the Matthews Co., 499 F.2d 819 (8th Cir.), person or persons who own or use the folly of racial injustice and hatred and cert. denied, 419 U.S. 1021 (1974). Like 42 building. violence then it is not too late for all U.S.C. 1982, some provisions of the Fair Finally, the manager’s amendment concerned to unite in steps toward Housing Act prohibit discriminatory extends eligibility under the Victims of peaceful progress.’’ The Nation re- private conduct, and Congress in fact Crime Act to persons who have been sponded to his call. Action was taken enacted both civil and criminal provi- killed or suffered personal injury as a then. Action must be taken now. This sions addressing private discrimina- result of a crime described in new sec- form of terrorism—like all the other tion. See 42 U.S.C. 3631 making it a tion 247. forms that have become all too com- crime for anyone, ‘‘whether or not act- The arson of a place of worship is re- monplace—must stop. ing under color of law,’’ to injure, pulsive to us as a society. When a fire I commend President Clinton for his interfere with, or intimidate anyone is motivated by racial hatred it is even show of solidarity with those who have because of race, color, national origin, more reprehensible. In my view there is lost and are rebuilding their churches. or religion in seeking to secure, or no crime that should be more vigi- I salute Representative HENRY HYDE helping others to secure housing. lantly investigated and the perpetra- for assembling a bipartisan coalition in Accordingly, based on Jones versus tors more vigorously prosecuted than Congress behind legislation that would Mayer, Congress may make it a viola- crimes of this type. We are dealing make the willful and destruction of tion of Federal criminal law to destroy with depraved actions resulting from American houses of worship a Federal or attempt to destroy a church because twisted and bigoted minds. It is impor- crime. I am proud to cosponsor his bill it is owned or used by African-Ameri- tant that this Congress move forward and support the managers amendment. cans. Racially motivated destruction of on this legislation to ensure that Fed- Efforts like these are bringing out a church would be no less a badge or in- eral law enforcement has the necessary the best of America. And it will be the H6454 CONGRESSIONAL RECORD — HOUSE June 18, 1996 best of America that will bring these for the excellent leadership that he has and leadership that should be expected vicious cowards to justice. I said as I given and is giving as we move through of the Federal Government. began, that I had the feeling that we this nightmare in American history. Mr. Speaker, I want to say as one had been down this road before. And we Yesterday three more African-Amer- Member of this body that this Govern- have. But this time there is a major ican churches were torched. It is patho- ment has made me proud. This mem- difference. logical. It is the consequence of a lot of bership in Congress has made me proud This time, not just a handful of con- things we might have done otherwise. because this is the most sensitive thing cerned local citizens, but entire com- But on this one point we are all united. in the American body politic right munities have condemned these vicious The Assistant Secretary for Enforce- now. When in God’s name are these few acts and are working to bring their ment in the Treasury, Jim Johnson, people out there going to turn away perpetrators to justice. This time, has been before the committee and has from this kind of pathological conduct? elected State and local officials are ac- told us what they are doing. John But we are doing all we can on this tively lending their support to those McGaw, the Director of the Alcohol, side. Oh, yes, there is more to be done. who have to suffer the effects of this Tobacco and Firearms unit, has given These kinds of problems are not healed violence. This time, they are working us his report of what is going on. The by a bill, but it is my privilege, as the to solve crimes and bring about justice. Director of the Federal Bureau of In- ranking member of this committee, to This time, people of all faiths in every vestigation, Louis Freeh, through his commend to all of the Members and the part of this Nation have offered their representatives, have worked com- staffs, Alan Coffey and the other mem- assistance to those who endured these pletely. We have more than 200 inves- bers, Julian Epstein Melanie Sloan, tragedies and are working to achieve tigators on the ground working full- and Diana Schacht and all of those reconciliation among Americans of all time on this matter as we speak. that have been working with us for a faiths, races, and creeds. It is a difficult crime for all the obvi- job well done. I especially want to single out the ous reasons, but we are united. We are Mr. Speaker, I reserve the balance of Christian Coalition for its offer of a working closely with State and local my time. law enforcement officers as well. And $25,000 reward for information leading b 1600 to arrests and the neighborhood watch- so we are here today as a combined es it has organized, the National Coun- unit in agreement that the church Mr. HYDE. Mr. Speaker, I am pleased cil of Churches for launching an appeal arson law on the Federal books has to to yield 2 minutes to the gentleman for funds for rebuilding, and the South- be made effective to be operable. from North Carolina [Mr. HEINEMAN]. ern Baptist Convention for its offers of Our chairman, the gentleman from (Mr. HEINEMAN asked and was given assistance. Other organizations and de- Illinois [Mr. HYDE], has explained in permission to revise and extend his re- nominations have also been stepping perfect detail precisely what we have marks.) forward in great numbers. This time, done to facilitate the implementation Mr. HEINEMAN. Mr. Speaker, today, the people of America stand as united of this Federal statute which has lain Congress has its opportunity to speak as never before in their resolve to rid fallow, actually, up until now. So I am out against the ignorant and cowardly this kind of hatred in our land. They very pleased about what is going on actions of the antireligious bigots who are bound and determined to succeed. and the resources that are being com- participated in burning the churches of And they will. mitted to continue the law enforce- both black and white Americans. Un- Mr. CONYERS. Mr. Speaker, I yield ment side of this. fortunately, as a former law enforce- myself such time as I may consume. I must say that at that hearing on ment officer, I have witnessed first- (Mr. CONYERS asked and was given May 21 the president of the Southern hand the horror of both the burning permission to revise and extend his re- Christian Leadership Conference, Dr. and desecration of sacred houses of marks.) Joseph Lowery, urged us to do what we worship. Nothing can be more dev- Mr. CONYERS. Mr. Speaker, we come have done, move swifter, move faster, astating to people than to see the very here today because the Nation is in cri- move more effectively. I think that he foundation of their existence go up in sis, and the symptoms of that crisis will agree that we have listened to his flames. Black Americans have always have been reflected in these church comments and are following them with centered their hope and aspirations burnings in mostly African American as much speed as the bureaucracy can around God and their respective churches. It is to the credit of the Fed- work. churches. I have seen this myself. The eral Government that we have reacted Then I want to lift up the name of destruction of these institutions tears in a serious and, I think, swift manner, Rev. Jesse Lewis Jackson who has done the very fabric of our society and and I want to say that this legislation a marvelous job of trying—well, he has dashes hope for the future. Likewise, is the work product of all of us on the done two things. The first thing he has the desecration of synagogues is a grim committee and that we have held hear- done is to speak sensibly and in a reminder of the Holocaust and is a ings in the Committee on the Judiciary teacher way about the problem, and painful reminder of the tragedies of the on May 21 in which we had a wide range the second thing he has done is try to past. of witnesses, both in the church and do this healing that has been referred We, as a nation and as a Congress, out of the church, in government and to by the President. must now allow this to continue. This out of government, plus the law en- Now, how do we heal a nation that is bill is a proper response to these cow- forcement agency heads who were deal- coming out of a history of racism? It is ardly acts. This bipartisan legislation ing with this matter. not just done by words or sermons or will truly make a difference. It will en- Mr. Speaker, what we found out, that speeches from on high. But, as my col- able the Federal Government to more is to me one of the most single impor- leagues know, I believe that we have easily prosecute those who commit tant matters to come out of this trag- struck a nerve in the American body these heinous crimes and impose stiff edy, is the fact that these burnings are politic that has led us all to say and appropriate criminal sanctions. not condoned by anyone, no one in the enough of this kind of foolishness. Americans have always stood for God Congress, no one in the Senate. Our The conservative Members of the and country. Americans have always law enforcement agencies, both Fed- Congress came to the members of the supported each other in times of need. eral and State, are united in trying to Congressional Black Caucus to join to- Today is one of those times. Let us all put an end to this scourge. gether even before we had the hearings stand together in this matter and put Mr. Speaker, I have been in the to urge, and they met with the law en- an end to this madness. If we fail to South on two occasions in which I saw forcement officials of the Federal Gov- adequately deal with these tragedies, this at the grassroots level, in which ernment and urged with us that they then we, as representatives of all the law enforcement officers were working move as swiftly as they can, no holds people, are not doing our sworn duty. I very effectively. barred, get whoever is at the bottom of thank the chairman of the committee, In addition, I think we should lift up this, if it is individuals, whatever, let the gentleman from Illinois [Mr. the name of the Assistant Attorney us deal with it in a way that reflects HYDE], and my colleague, the gen- General for Civil Rights Deval Patrick the understanding and common sense tleman from Michigan [Mr. CONYERS], June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6455 for sponsoring this legislation, and I against religious property can be feder- that with this legislation we cannot re- urge my colleagues to give their full ally prosecuted. This bill eliminates build churches and men’s hearts. We support to this bill. that minimum requirement. Even a must recognize that we must take Mr. CONYERS. Mr. Speaker, I yield 2 penny’s worth of damage would now be away from the anger of this Congress minutes to the gentleman from North enough for Federal prosecution. This is on affirmative action and resegregat- Carolina [Mr. WATT] in whose State as it should be. ing us with respect to busing questions; there have been church arsons. Also, victims of church burnings or and realize, America, that we must Mr. WATT of North Carolina. Mr. other types of religious property de- bring this country together. We must Speaker, I want to commend the chair- struction will now be able to receive stop the ugly talk and recognize that man of the committee, the gentleman compensation from the violent crimes we are all of one human family. from Illinois [Mr. HYDE], and the rank- trust fund that was established by the I enjoy America when we stand to- ing member, the gentleman from 1994 Violent Crime Control and Law gether. I would hope that all of the Michigan [Mr. CONYERS], for proposing Enforcement Act. Surely, you are a church families that I have already this legislation, and encourage my col- crime victim when your sacred placed heard from will likewise understand leagues to vote unanimously in support of worship is burned to ashes. Com- that this is not just another whining of it. pensation is but one small thing we can on behalf of African-Americans in this There are two important reasons for do to help alleviate the pain for those Nation, but this is in fact an oppor- this legislation, the first of which is a who have seen their houses of vener- tunity that we understand, that we practical reason. When I appeared on ation destroyed. stand under one flag, and yes, one be- the scene at Matthews Merkland, and This legislation takes many other ac- lief; that is, in a higher authority that the investigation was proceeding of tions that will make it easier for Fed- believes in love and sharing and the re- that church burning in Charlotte, NC, eral investigators to track down those spect of human dignity. we had representatives of the Federal who are maliciously destroying our It is time for all denominations to Alcohol, Tobacco, and Firearms divi- houses of worship. We must ensure that rise up with us to stand against these sion, we had representatives of the those who have committed these hei- atrocities, and yes, this Congress can- State Bureau of Investigation, we had nous crimes do not escape punishment. not stop with this legislation, we must representatives of the local law en- This legislation will help bring those ensure that we heal this Nation with forcement officials, and representa- responsible to justice. I urge my col- the kind of legislation that says that tives of the local fire department. leagues to give the Church Arson Pre- we stand against church burnings but But for the fact that that church had vention Act their full support. we stand for America as one family, been completely destroyed, there is Mr. CONYERS. Mr. Speaker, it is my supported, for all. some question about whether the Fed- pleasure to yield 2 minutes to the gen- So I thank those who have proposed eral authorities could have been there tlewoman from Texas (Ms. JACKSON- this legislation, and Mr. Speaker, I at all. If the amount of damages had LEE], a sterling member of the Com- would hope that my colleagues will been minimal, there would have been mittee on the Judiciary, in whose support wholeheartedly H.R. 3525. some question about whether they State there have been church burnings. Mr. Speaker, I rise in strong support of one (Ms. JACKSON-LEE of Texas asked could have even gone to investigate the of the most important pieces of legislation be- and was given permission to revise and fire, despite the terrible nature of it fore this House in recent memory. There are extend her remarks.) and everybody’s suspicion that it could few issues that we can debate that are more Ms. JACKSON-LEE of Texas. Mr. significant than issues of racial equality and have been racially motivated. So this Speaker, I thank the ranking member legislation, on a practical level, will freedom of religion. This bill will aid prosecu- for his kindness in yielding to me, and tors in bringing an end to the many church get us beyond that. It was a wonderful particularly for his leadership and, as burnings that have occurred across the coun- sight to see all of the law enforcement well, the chairman of the Committee try in the past year and a half. We simply can- authorities there in a spirit of coopera- on the Judiciary, the gentleman from not return to the reign of terror that existed in tion, trying to bring their resources to Illinois [Mr. HYDE], for the expeditious the 1960's. We simply cannot risk innocent bear on this tragedy, and in that par- manner in which we move toward hear- citizens being harmed like the horrible incident ticular situation it led to a very quick ings and then now have come to the at a Birmingham church in 1963. arrest. House floor to speak on behalf of the Since 1995 alone, there have been more The second important reason is a American people. than 40 incidents of the burning and desecra- symbolic reason. That is that we need There is nothing more tragic than tion of African-American churches including to make a statement of our outrage burning houses of worship, no matter two in my home State of Texas. In fact, two about these church burnings. This leg- what color, what religion. I am grate- churches were burned in Mississippi last night. islation will enable us to make that ful that this Congress will say to As evidenced by these numbers, there is no statement to the American people that America, enough is enough, for since doubt that many of these fires have been and this kind of conduct is totally outside 1995 we have had now more than 40 of continue to be racially motivated. Before loss the bounds, is unacceptable in a demo- these burnings, most recently those in of life occurs we must end this siege on the cratic society. I encourage my col- my home State of Greenville, TX. Constitution. leagues to support this legislation. Let me also applaud the NAACP and The legislation before us today aids law en- Mr. HYDE. Mr. Speaker, I am pleased the group of ministers with which I had forcement officials by making it easier to pros- to yield 1 minute to the distinguished the opportunity to join just yesterday ecute those who would commit such heinous gentleman from Illinois [Mr. FLANA- in Houston, who likewise met with FBI acts. It amends existing law by providing that GAN]. agents and other Federal officials to anyone using weapons, explosives, or fire Mr. FLANAGAN. Mr. Speaker, I rise assess and be able to indicate their damaging property on the basis of its racial or in strong support of H.R. 3525, the consternation with these tragedies ethnic consideration regardless of the dollar Church Arson Prevention Act. In a that are occurring. amount of the loss will be prosecuted to the country that was founded on the prin- Mr. Speaker, I believe this legisla- full extent of the lawÐ10 years in prison. ciple of religious freedom, crimes tion is right-headed and right-footed, As this plague continues to rapidly grow, it against religious property are particu- for it says to the perpetrators, we are is time for this House to act and help our Na- larly repugnant. The recent wave of going to get you. There is nothing tion's enforcement personnel end this reign of church burnings that has occurred, pre- wrong with that, when those who vio- terror against our citizens based on race and dominantly against black churches in late the law come to justice, and that religion. I urge my colleagues to strongly sup- the South, is reprehensible. we untangle the hands of prosecutors port this bill and send it to the Senate so that This legislation greatly enhances the so they can do their job and ensure the President can sign this bill as soon as ability of Federal law enforcement au- that those who would worship under possible. Our swift movement on this bill may thorities to prosecute crimes against the first amendment in the Constitu- help save more communities from suffering religious property. Presently, there tion would not be blighted. these devastating losses. must be at least 10,000 dollars’ worth of But let me say something for all of Finally, I would like to thank Howard Jeffer- property damage before a crime us to hear. It is important to recognize son of the NAACP, President J.J. Roberson of H6456 CONGRESSIONAL RECORD — HOUSE June 18, 1996 the Baptist Ministers Alliance, Minister Robert ister put it, someone who is trying to all of us certainly on the Committee on Mohammed of the Nation of Islam, Bishop do us harm in one sense really has done the Judiciary, on our side of the aisle, Guillary of the Houston/Galveston Catholic Di- us a lot of good. These fires have drawn adhere to and support very strongly. ocese, and Rev. Ed Young of Second Baptist people together, both black and white. Again, in closing, Mr. Speaker, I ap- Church, local and Federal law enforcement These acts of hatred have been trans- preciate the opportunity to speak authorities, and many other clergy and com- formed into gestures of love. today and commend the chairman of munity leaders for their leadership on this I ask my colleagues to support the the Committee on the Judiciary, and I issue in our great city of Houston, TX. Their proposed amendment by the gentleman urge support for this important piece message was that we will not tolerate these from Illinois [Mr. HYDE] and the gen- of legislation. hateful acts. I was proud to stand with them in tleman from Michigan [Mr. CONYERS], Mr. CONYERS. Mr. Speaker, I am their effort of unity. H.R. 3525, so together we can find these pleased to yield 1 minute to the gen- Mr. HYDE. Mr. Speaker, I am pleased criminals and put an end to this mad- tleman from Texas, Mr. KEN BENTSEN. to yield 30 seconds to the gentleman ness. Together we can and must write (Mr. BENTSEN asked and was given from Florida [Mr. CANADY], the distin- an end to this horrible chapter in our permission to revise and extend his re- guished chairman of the Subcommittee Nation’s history. marks.) on the Constitution of the Committee Mr. HYDE. Mr. Speaker, I am pleased Mr. BENTSEN. Mr. Speaker, I rise in on the Judiciary. to yield 2 minutes to the distinguished very strong support of H.R. 3525, the Church Arson Prevention Act of 1996, Mr. CANADY of Florida. I thank the gentleman from Georgia [Mr. BARR]. gentleman for yielding time to me, Mr. Mr. BARR of Georgia. Mr. Speaker, I in hope that it will end these acts of Speaker. thank the distinguished chairman of cowardice against churches in my Mr. Speaker, I rise today in support the Committee on the Judiciary, on home State of Texas and across the of the Church Arson Prevention Act. which I am proud to serve, for yielding South. It is unfortunate that in the Recently Americans have watched in time on this important piece of legisla- late 20th century hate crimes still exist horror as houses of worship have gone tion. in our society. Mr. Speaker, H.R. 3525 sends a strong into flames, igniting new fears and sus- Mr. Speaker, I would like to com- message that these actions will not be picions and fomenting fires of hatred in mend the chairman of the Committee tolerated by the Nation, and that our our Nation. This tragedy, which has hit on the Judiciary for looking at this will is stronger than the hatred from primarily African-American churches, matter in the light it ought to be, to which they are born. This legislation calls for immediate action. The Church take a very learned, very dispassion- brings to bear the full authority and Arson Prevention Act will help by ena- ate, but passionate look at whether our resources of the Federal Government in bling Federal prosecutors to bring the Federal laws are indeed sufficient to stopping the arson and bringing the perpetrators of these crimes to justice. address the problem presented to the perpetrators to justice. The Federal I want to commend the gentleman American people by the rash of church Government will be a full partner with from Illinois [Mr. HYDE] for his swift burnings, white and black alike, across State and local authorities in this ef- action on this issue, as well as the gen- our country, particularly in my part of fort. These criminals must be brought tleman from Michigan [Mr. CONYERS] the country, the southern United to justice and their message must be for his work on this important issue. I States. exposed for what it is: ignornance and urge my colleagues to vote yes on this Rather than seek out photo ops, rath- hatred—the most un-American of val- important bill. er than talk about this in partisan Mr. CONYERS. Mr. Speaker, I yield 1 terms, rather than try and score head- ues. One of the founding principles of minute to the gentleman from Penn- line victories over other folks, the gen- our Nation is the freedom to worship as we choose, and any attempt to deny sylvania, Mr. THOMAS FOGLIETTA, one tleman from Illinois, Chairman HYDE, of the distinguished Members who have has done it the old-fashioned way, pro- someone that right must be stopped. If anything positive can be gained worked on civil rights matters across fessionally and according to the laws of from these acts, it is that people of the years. our land. good conscience, of all races and Mr. FOGLIETTA. Mr. Speaker, I join I would like, though, also, Mr. Speak- creeds, have come together to help the my colleagues to express my horror at er, to caution all of us as we look at affected congregations and to prevent the recent string of church fires across this piece of legislation, or really per- the further spread of these acts. It’s the South. More importantly, we join haps as we look at other pieces of legis- unfortunate that it took something of together to do something about it. lation, because none of us, including this magnitude for us to come to- There have been more than 37 sus- myself, dispute the need for this legis- gether, but I want to applaud these ef- picious fires in black and multiracial lation, but to keep in mind that the forts. Organizations like the National churches in small towns across Amer- commerce clause of our Constitution is Trust for Historic Preservations and ica in the last 18 months, 7 in the last not infinitely elastic, and we need to the Anti-Defamation League have 2 weeks, including 2 in the last 2 days look at these pieces of legislation to come forward and offered their assist- in Mississippi. ensure that there is a proper and firm For the past year we have debated foundation in the appropriate provi- ance, along with many others. Finally, Mr. Speaker, I want to com- about the role of government. Govern- sions of our Constitution for the laws mend the gentleman from Michigan ment is brave men and women putting that we seek to enact. [Mr. CONYERS] and the gentleman from out fires in communities, it is police While the commerce clause is very Illinois [Mr. HYDE] for their leadership officers and the Justice Department broad indeed, it is not, as I have said, on this issue. Today we send a strong fighting to stop crime. The effort we infinitely elastic, and we have to be message that while we in Congress can announce today is a good example of careful, because when it breaks, it will disagree on many things, we stand how government, the private sector, snap fairly hard. We do need to keep united against hatred and ignorance. and people can join together to accom- that in mind, because we do not want plish a common goal. Government to pass important legislation such as b 1615 works. Government works when people that before us today and find a problem Mr. HYDE. Mr. Speaker, I yield 1 like President Clinton step up to the later on, which I do not believe we have minute to the distinguished gentleman bully pulpit and turn this issue into a with this piece of legislation, Mr. from New York [Mr. WALSH], the chair- national challenge, and teaches us that Speaker; but again, I would caution all man of the District of Columbia Appro- we have to return to the value that of us here to be very mindful of the priation Subcommittee. made our country so strong, that we limitations of the various clauses of Mr. WALSH. Mr. Speaker, I thank have to fight the fire of hate that drove our Constitution, including particu- the distinguished gentlemen from Illi- people to commit these outrages. larly in this case, since we are amend- nois and from Michigan for bringing Government works when my col- ing the applicability and the reach of this important piece of legislation to leagues and I come together to create this legislation by way of the com- the floor. the energy of firefighters to help peo- merce clause, to be very mindful of Mr. Speaker, I rise in strong support ple prevent church arsons. As one min- those principles of Federalism which of this bill. I rise today to condemn the June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6457 arson fires in African-American King’s that blacks and whites can once Mr. STOCKMAN. Mr. Speaker, I churches. The good people of central again walk together in this country thank the chairman for bringing this New York whom I represent know that blessed by God in a land of freedom. bill forward. when you see a wrong committed, you In the court case United States ver- I would like to take just one quick must speak out. On their behalf, I want sus Lopez, Justices Kennedy and O’Con- moment here to try and put a human to protest the violence, express our dis- nor opined that the political branches face on this. I do not know if you can gust with the hatred, and offer our of government must fulfill grave con- see this, Mr. Speaker, but in Satur- hand in peace. stitutional obligation to delineate the day’s paper it discusses how the pastor As we publicly stand with black democratic liberty and federalism and of a church in Galveston, TX, had his Americans we hope to show people of distinguish where the power to enact church burned down and to this day violence one thing—that it is they who laws comes from. has not rebuilt his church and to this are in the minority. It is they who will In light of that admonition, I must day they have not found the perpetra- be overcome. It is we, the majority, the express my sincere doubt regarding the tors. This was in our district which, peacemakers, black and white, who claimed commerce clause justification quite frankly, has been a very peaceful, will inherit the Earth. for this act. I do not believe that a harmonious district, and I would like Hatred that spawns violence is not mere change of wording will allow us to point out for the record and like to natural or normal. It is foreign to us at to preserve the act from constitutional submit this for the RECORD that this is birth. We see that the children do not challenge. However, I will vote today something that we need to put a to support this bill because it is a very hate. They do not segregate them- human face on. These are people who good bill and a necessary bill and be- selves. They do not act violently to- have lost their church and we do not cause I believe it is one of the rare in- ward others of a different skin color— know why or what is going on in this stances when it is within our express unless they are taught. We can learn Nation that has turned its people authority under section 5 of the 14th against churches but, Mr. Speaker, I from the children. In fact, we must if amendment to enact such legislation. we are to survive as a great civiliza- want to thank the gentleman for offer- It is very clear that this arson which is ing this bill and I stand fully behind it. tion. addressed by this bill dramatically Today, as the fire investigation con- Mr. Speaker, I wish to thank the chairman interferes with the religious liberties for bringing this bill forward and I rise in strong tinues, I want to say to my friends in protected by the first amendment that this Chamber who are African-Amer- support of H.R. 3525Ðthe Church Arson Pre- the States have failed to adequately vention Act. ican, and to my friends back home, protect for minorities. please continue to have faith that most It is time we put a human face on the epi- With this nexus, I want to commend demic of church burning. I do not know if you Americans do not hate. the committee for bringing this bill to With you, we are the majority in the can see this, Mr. Speaker, but last Saturday, floor today and urge all of my col- the Galveston Daily News ran a story about greatest country on Earth. No purvey- leagues to vote for it so that we can the destruction of the Island Baptist Church. ors of hate or prejudice will take that send a message to all Americans that This little church burned down nearly 2 years from us. this Congress will not stand for these ago. The perpetrators of this horrible act have Mr. CONYERS. Mr. Speaker, I yield 1 heinous acts of church burnings not been found and the church pastor, James minute to the gentlewoman from Con- throughout the South or in any other necticut [Ms. DELAURO]. part of our land. Booth, has not yet been able to rebuild his Ms. DELAURO. Mr. Speaker, I thank Mr. CONYERS. Mr. Speaker, I yield 1 church. I want to submit the story of Pastor the gentleman from Michigan and the minute to the distinguished gentleman Booth, as it appears in the Galveston Daily gentleman from Illinois for bringing from Maryland [Mr. CUMMINGS]. News, for the RECORD. this legislation forward. (Mr. CUMMINGS asked and was Again, it is time we put a human face on the Mr. Speaker, I rise in strong support given permission to revise and extend epidemic of church burning. Pastor James of the Church Arson Prevention Act his remarks.) Booth is a real person, and members of his and urge its immediate adoption. Just Mr. CUMMINGS. Mr. Speaker, I congregation are real people. The burning last night, two more southern churches thank the gentleman from Michigan must stop. He and other religious leaders were burned to the ground—these trag- and Mr. HYDE for their leadership in have suffered enough. This bill is necessary to ic losses add to the mounting list of bringing this important piece of legis- make easier the Federal prosecution of church over 30 suspicious fires at black and lation to the floor in such a timely burners. It is extremely important that the Jus- multiracial churches in communities manner. tice Department pursue church burners dili- across the South in the past 18 months. Mr. Speaker, the burning and defa- gently. Yesterday, I stood with religious and mation of places of worship across the The destruction of churches isn't a black ca- community leaders in New Haven, CT, South have shaken and angered me to tastrophe, it isn't a white catastrophe, it's a re- to condemn these tragic fires that have the core. These are atrocities that will ligious catastrophe. These are crimes against destroyed sacred sites—built on faith, not go unpunished. This legislation people of faith and those who worship. We hope, and love—and to stand in solidar- gives prosecutors the tools to punish must do what we can to stop these heinous ity with the victims of these heinous the cowardly perpetrators of these hei- crimes. crimes. nous crimes. I implore my colleagues to support this bill. The church for African-Americans is This vital measure makes it a Fed- The citizens of Galveston and Pastor Booth more than a place of worship. It is a eral crime to deface or destroy reli- are entitled to justice. All victims of church symbol of hope and the bedrock of our gious property and makes it easier to burners are entitled to justice. This bill should community. Like the generations of be passed by Congress and signed into law prosecute church arsons. Most impor- family and friends before us, we find tantly, the passage of this bill will give immediately. I want to thank the gentleman for comfort, hope, and faith in our church- offering this bill and I stand fully behind it. comfort to the victims of the fires—it es. will speed the healing process and as- BURNED CHURCH WINS CONGRESSMAN’S Mr. Speaker, it is 1996 and still rac- SUPPORT sist with rebuilding of the churches ism exists. But the Members in this (By Chad Eric Watt and Wes Swift) and the communities that have been Chambers have chosen to fight these scarred by these violent and hateful GALVESTON.—U.S. Rep. Steve Stockman injustices. These gutless acts will not has asked his colleagues to remember a Gal- acts. have their intended effect. They will veston church torched by arsonists in 1994. Mr. HYDE. Mr. Speaker, I yield 2 not dissuade us from fighting bigotry The Island Baptist Church, which was at 9 minutes to the distinguished gen- and intolerance. Mile and Ostermayer roads, burned Dec. 22, tleman from Indiana [Mr. MCINTOSH]. I am pleased to support this legisla- 1994. Mr. MCINTOSH. Mr. Speaker, I rise tion, which will facilitate Federal pros- The predominantly white Southern Baptist in support of H.R. 3525, and I want to ecution of arson cases and I urge its congregation is rebuilding at 8 Mile and Stewart roads. commend Chairman HYDE and his com- swift passage. ‘‘Pastor (James) Booth has not yet been mittee for their good work on this bill. Mr. HYDE. Mr. Speaker, I yield 1 able to rebuild his little church on Galveston It in some measure allows us to renew minute to the distinguished gentleman Island,’’ Stockman said Thursday night on that great dream of Martin Luther from Texas [Mr. STOCKMAN]. the floor of the House of Representatives. H6458 CONGRESSIONAL RECORD — HOUSE June 18, 1996 ‘‘He did not receive much attention from But, there have also been other acts church burnings, and it must be bipar- the media because when his church burned of violence directed at houses of wor- tisan and multiracial. Those people down, it was not then fashionable to talk ship, such as vandalism, desecrations, who gain politically and financially about burning churches.’’ Stockman and other members of Congress and even drive-by-shootings. from fueling hatred in our society expressed concern in a March 1 letter to the This bill will address that alarming today should recognize the effects of U.S. Attorney General. trend as well. their words. ‘‘We brought this to Janet Reno several The bill makes clear that it is a Fed- I say to those who perpetrate these months ago,’’ said Cory Birenbaum, a eral crime to deface or destroy reli- heinous crimes that the days of the spokesman for Stockman. gious property for racial, ethnic, or re- night riders are over. The days when In the letter, the congressmen asked Reno ligious reasons. African-Americans had to take cover to direct the Justice Department to help More importantly, the bill removes by nightfall in hopes of seeing another local authorities catch those setting the day are over. This country will not go fires. the current requirement that the of- ‘‘The burning of churches has become a fense cause at least $10,000 in damage— back to a time when hatred and intimi- fashionable crime, with news reports pos- a threshold that has made it very dif- dation through terrorism was the law sibly contributing to imitative acts of vio- ficult to prosecute such cases in the of the land. lence,’’ the letter states. past. Mr. HYDE. Mr. Speaker, I yield 2 Governors of Southern states have been in- And, the bill makes victims of reli- minutes to the distinguished gen- vited to the White House next week to dis- gious property defacing or destruction tleman from South Carolina [Mr. cuss strategy for coping with a rash of sus- eligible for compensation under the INGLIS]. picious fires at predominantly black church- Mr. INGLIS of South Carolina. I es. Victims of Crime Act. By early next week, the Bureau of Alcohol, This provision is important as many thank the chairman for yielding time. Tobacco and Firearms hopes to have details churches seek to rebuild following the Mr. Speaker, I rise in strong support of fires at 33 black churches and 23 non-black rash of destruction, particularly the of this bill and congratulate the chair- churches since Jan. 1. church burnings. man and the ranking member for mov- Civil rights groups tracking church burn- I am exploring other ways in which ing this bill to the floor so quickly. ings in the South said they have found few I think it is important to note two the Federal Government can make examples of white churches being attacked. things. First, is the importance of this communities whole when faced with ‘‘If white church fires were on the increase, bill, that it will give us the oppor- these crimes, especially ways we can with racism as a reason, we’d be on it in a tunity as a Federal matter to get at heartbeat,’’ said Angie Lowry of the Mont- help in the rebuilding of churches. these people who would desecrate gomery, Ala.-based Southern Poverty Law Two more suspicious church fires oc- houses of worship and really seek to Center, which studies racial issues. curred over the weekend, including an- destroy a great deal of the social fabric ‘‘I’m not seeing it here in Alabama, and other fire in my State of North Caro- we’re not seeing it anywhere else.’’ of our communities. So I think it is im- lina. Booth said the church burnings reflect a portant to get this bill accomplished While I am proud of bipartisan efforts sickness that crosses ethnic boundaries. and get it passed so that we can get at ‘‘My feeling is not that these burnings are that have been undertaken by the a successful prosecution of these folks. racially motivated—as it was by anger in House, we must continue those efforts. general,’’ he said ‘‘It’s not a race issue. It’s The second thing I think is impor- Congress must be eternally vigilant tant to point out is that there is a mes- the attitude of people in general. It’s a very in speaking out now against these in- poor condition.’’ sage of reconciliation and hope in this. Booth’s wife, Ruth Ann, said she was alert- tolerable acts. It is a message that Terrence Mackey, ed to the mention of their church by a Those who perpetrate these misdeeds the pastor of the Greelyville church stranger in Modesto, Calif., who saw Stock- must know that our will to stop them that President Clinton visited last man make his statements on cable tele- is stronger than their will to continue. week, is so good at putting forth, and vision. I urge my colleagues to support this ‘‘We had had troubles with vandalism that is that in the face of this hateful bill. act, people like Pastor Mackey are pre- there,’’ Mrs. Booth said. Mr. CONYERS. Mr. Speaker, I yield No one has been arrested in connection senting a message of forgiveness and 30 seconds to the distinguished gentle- with the fire. hope. Ruth Ann Booth said fire investigators woman from the District of Columbia That, I think, will get at the deeper traced the source of the fire to a closet near [Ms. NORTON]. problem, because we know that this the church’s front entrance. Empty beer cans Ms. NORTON. I thank the gentleman legislation will be a significant help to were found near the entrance. for yielding time, and I thank the James Booth said he understands the pain Federal prosecutors but we know that chairman and the ranking member for underneath this, there is a deeper prob- other congregations are going through. their alacrity in moving this bill for- ‘‘It’s a lot of emotional stress,’’ he said. lem and it is a problem in the heart of ‘‘To see something that means so much to ward. humankind. That problem, I think, can you like a church go up in flames . . . it’s Mr. Speaker, as a student member of only be overcome by people like Pastor very painful.’’ the Student Nonviolent Coordinating Mackey preaching that message of for- Mr. CONYERS. Mr. Speaker, I yield 1 Committee in the South during the giveness and hope. That is the hope of minute to the gentlewoman from North civil rights movement I remember no reconciliation. I hope his voice is one Carolina [Mrs. CLAYTON], who has time when there was a rash of church that is heard loudest as we go through worked on this matter with a great burnings. We have enough polarization this process of dealing with the re- deal of commitment. in this society. We do not need the ulti- building and hopefully of the successful (Mrs. CLAYTON asked and was given mate polarization, the burning of prosecution, as well, because of this permission to revise and extend her re- places of worship. You have restored bill, of the people who would perpetrate marks.) confidence in the rule of law for many these hateful acts. Mrs. CLAYTON. Mr. Speaker, I rise Americans. You have said through this b in support of H.R. 3525, the Church bill that we are still committed to 1630 Arson Prevention Act of 1996. eliminating racism, and I thank you. Mr. CONYERS. Mr. Speaker, I yield This bill would amend title 18, the Mr. CONYERS. Mr. Speaker, I yield 30 seconds to the gentleman from Lou- criminal title of the U.S. Code by fa- 30 seconds to the gentleman from New isiana [Mr. FIELDS] in whose State cilitating prosecution and increasing Jersey [Mr. PALLONE]. there have been arsons. penalties against those who would do Mr. PALLONE. Mr. Speaker, I went Mr. FIELDS of Louisiana. Mr. Speak- violence to houses of worships. to the Second Baptist Church in Long er, I thank the gentleman from Michi- We have all been concerned over the Branch, my hometown, last Sunday to gan for yielding me the time, and I disturbing trend of African-American talk to a very concerned crowd about want to thank the gentlemen for his church burnings, two a month over the why this legislation is so important. leadership. I also want to thank the past 18 months, and three more this It is time to relentlessly investigate gentleman from Illinois on the other past weekend. and swiftly prosecute perpetrators of side of the aisle [Mr. HYDE] for this This bill will address that alarming these crimes. We must have a public very important matter and also for trend. outcry condemning these mindless bringing to it the floor. June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6459 Mr. Speaker, the burning of churches Mr. Speaker, in the last week, stroyed. This goes for the burning of churches in this country is unacceptable and churches have burned in North Caro- as well as the spraying of Nazi graffiti on syn- will not be tolerated in any shape, form lina, Texas, Oklahoma, and Georgia. agogues. or fashion. This legislation will give Fires are destroying our houses of wor- The very principles upon which our Nation Federal prosecutors the tools they need ship like an unchecked scourge. With was founded are at stake here. The Pilgrims to prosecute those perpetrators of the each fire, we have all felt the loss be- who braved rough seas and harsh winters to crime to the fullest extent of the law. cause any church that is burned in our find a new life in America came here to find Mr. Speaker, I come from a State church, for every house of worship is a a place to worship freely. They came to es- that has witnessed over five burnings symbol of our faith in God and our cape religious persecution. in the past 4 months, four in one night right to worship according to the dic- That's why our U.S. Constitution guarantees alone. I want to thank the gentleman tates of our own conscience. the right to freedom of religion in the first from Michigan and thank the gen- As evil as these church burnings are, amendment. Most of us would interpret that tleman from Illinois for bringing this we must avoid becoming consumed by right to mean that we can worship without very important piece of legislation to our anger. For as Dr. Martin Luther fear. the floor and would like to say in no King, Jr., taught us, darkness cannot When crimes are committed against places uncertain terms that this Congress will drive out darkness, only light can do of worshipÐeven in the dead of nightÐit cre- not tolerate individuals burning that. Hate cannot drive out hate, only ates an atmosphere of distrust and fear. God- churches. love can do that. loving, law-abiding citizens don't wish that on Mr. HYDE. Mr. Speaker, I yield 30 To begin to heal, to drive away the anyone, regardless of their religion or their seconds to the gentleman from Michi- darkness, we must bring back the race. gan [Mr. CONYERS], and I ask unani- light, the light of love, the light of I am glad to see the Congress and the ad- mous consent that he be permitted to hope. First we must apprehend those ministration stepping forward to address this control that time. who are responsible for the fires and issue. And, I want to commend NationsBank The SPEAKER pro tempore. Is there prosecute them to the full extent of the Corp. for pledging to pay $500,000 for infor- objection to the request of the gen- law. This bill will help to do that. mation leading to the arrest and conviction of tleman from Illinois? Second and more importantly, we those responsible. This sends a strong mes- There was no objection. must come together to rebuild our sage that the corporate community in the Mr. CONYERS. Mr. Speaker, I thank churches and communities. Our actions South is equally concerned about these must show the world that we will not the gentleman from Illinois [Mr. HYDE] crimes. for his generosity, and I yield 30 sec- sit idly by when the unity and religious I am also glad to see that the National Trust onds to the gentleman from California freedom of our nation are attacked. for Historic Preservation has added southern Mr. Speaker, I commend the gen- [Mr. MILLER]. black churches to its list of ``most endangered'' tleman from Illinois, Chairman HYDE, Mr. MILLER of California. Mr. historic places. The support offered by the and the gentleman from Michigan, Mr. Speaker, I thank the gentleman for trust will go a long way toward helping af- CONYERS, for producing H.R. 3525. I call yielding me the time. fected communities to heal. on the House to pass this bill unani- I thank the chairman of the commit- I pray that this rash of attacks on Southern mously to send the strongest possible tee, Mr. HYDE, for yielding and both of churches will end now and that a sense of message that this Congress will do all my colleagues for bringing this matter safety and sanctity will be restored to these within its power to stop the fires and to the floor and rise in strong support places of worship. help the healing again. of this legislation. I join those of our Mr. HYDE. Mr. Speaker, I yield my- Mr. HOYER. Mr. Speaker, I rise today in colleagues and so many across the Na- self the remainder of my time. strong support of H.R. 3525, the Church Arson tion who have voiced their strong, Mr. Speaker, I am very pleased that Prevention Act. I want to commend Mr. HYDE strong objection to those who would we have had an interesting and good and Mr. CONYERS for proposing this bill which take actions of violence against our and full debate on this important issue. was introduced in response to the tragic houses of worship in this country and Burning a church is about as rotten, church fires which have destroyed over 30 hope that this legislation will be some reprehensible an act as anybody can black churches throughout the South over the small beginning in mending these hor- do, and I hope this law helps in the last 18 months. Enough is enough. The time rible actions against the churches in identification and severe punishment has come to step up our efforts, and we must the South and elsewhere. of the perpetrators. take more action to assist Federal, State, and I thank the gentleman for bringing Mr. Speaker, I yield back the balance local authorities in preventing and investigating this legislation to the floor. of my time. these fires. Mr. CONYERS. Mr. Speaker, I yield Mr. BEVILL. Mr. Speaker, I rise today to ex- I want to add my voice in expressing strong myself the balance of my time. press my deep concern about the alarming displeasure with those who seek to evoke fear Mr. Speaker, I would just like to con- rash of fires that have destroyed or badly and promote hatred by engaging in these acts clude the time that has been afforded damaged at least 34 black churches across of cowardice. This type of behavior tears at us on this side by reminding all of our the South. There is a lot of speculation about the very fabric which holds this Nation to- colleagues that the President of the who may be behind these arson attacks and gether. It is important that we do what is nec- United States has involved himself in whether racism is involved. I am confident that essary to put an end to these unacceptable this matter in a very important way. the perpetrators of these crimes will be caught actions. As a Nation which prides itself in fur- First of all, he urged that there be and brought to justice. Their punishment thering liberty, equality, and justice for all, con- some legislation that could deal with should be severe. duct of this nature cannot and will not be toler- this subject matter. Then he used his Strong legislation is moving through Con- ated. weekly radio address to direct to the gress to give U.S. attorneys clear jurisdiction There is no institution more sacred than a Nation the deepness of the injury that to prosecute church arson suspects. I will sup- house of worship. I am appalled and outraged these kinds of attacks on churches port this bill when it comes to the House floor. that any person would desecrate an institution commit. Then he went to the South There should be no misunderstanding that which fosters religious freedom, a right guar- himself, and tomorrow he will be meet- these attacks are of national concern. anteed under the Constitution of the United ing with Governors of the several These crimes show a blatant disrespect not States. The church serves as the foundation States. I think the President of the only for the people who worship at these of good, hope, and prosperity in many com- United States has handled this at the churches, but also for their faith itself. Church- munities. It also serves as a place of solace Federal level remarkably well. es are sanctuaries of faith. They are houses of for those seeking refuge from the cruelties and Mr. HYDE. Mr. Speaker, I yield the God and they should be respected. How harshness of the world. Moreover, it is a place balance of my time to the distin- would you feel if someone burned down your where people can put aside their differences guished gentleman from Oklahoma church? I know how I would feel. I would be and come together. I will never understand [Mr. WATTS]. hurt and outraged. I would want something how one can seek to destroy the positive spirit Mr. WATTS of Oklahoma. Mr. Speak- done about it. which the church symbolizes. er, I thank the chairman for yielding It is a sad commentary on our society when I am deeply saddened by the events which me the time. any place of worship is vandalized or de- have taken place over the last year and a half. H6460 CONGRESSIONAL RECORD — HOUSE June 18, 1996 They are an ugly reminder of our not so dis- the Federal, State, and local authorities who As I have stated before, H.R. 3525 will tant past and send the wrong message to im- are investigating this damaging epidemic. I make important and necessary changes to our pressionable minds. Over the past 30 years, urge my colleagues to unanimously support laws which are presently on the books so that we have worked hard to build many bridges this legislation. we can investigate, arrest, and convict more of across the racial divide. To a large degree, we Mr. BEREUTER. Mr. Speaker, this Member those who terrorize with fire or vandalism. have been quite successful. However, we still is pleased to be a cosponsor of H.R. 3525, The bill would broaden the scope of present have a long way to go in our pursuit to under- the Church Arson Prevention Act, and would statute which makes it a crime to damage reli- stand one another and ensure equality for urge his colleagues to support this bill. gious property or to obstruct a person in the every American. As the most civilized nation in This measure is necessary because of the free exercise of religious beliefs by applying the world, it is incumbent on us to continue to recent rash of church burnings which has oc- criminal penalties if the offense is in, or affects move forward. We cannot let the uncivilized curred across the Nation. Over 30 black interstate commerce. As I had mentioned be- actions of a few keep us from achieving the churches have been the victims of arson this fore, both Congressman HYDE and Congress- worthwhile goal of racial and ethnic harmony. year alone, and Federal help has been asked man CONYERS have written H.R. 3525 so it will The legislation before us today, in coordina- in catching those responsible. In fact, there provide the necessary amendment to our Fed- tion with the efforts of Federal law enforce- have been over half a dozen church fires this eral statutes to grant Federal jurisdiction, and ment agencies, can assist in bringing to justice week. This must stop. The Church Arson Pre- thus will augment the Attorney General's abil- those individuals responsible for the fires. vention Act will give Federal prosecutors spe- ity to prosecute arson cases of this nature. Through their efforts, some progress has al- cific jurisdiction to prosecute those who dam- I am happy to report that this bill will elimi- ready been made. One of the principle Fed- age religious property. It will also eliminate nate the current dollar value of destruction eral agencies working on these incidents has any monetary damage requirement for Federal which may occur before these crimes of dese- been the Bureau of Alcohol, Tobacco and prosecution. This legislation will give prosecu- cration may be prosecuted. At the present Firearms. BATF has responded to these tors a great opportunity to fight these terrible time, our laws state that the loss from the de- incidences by using additional resources and crimes, as the arson-investigating resources of struction of property must be more than manpower. Their efforts have resulted in the the Bureau of Alcohol, Tobacco and Firearms $10,000. Originally as written, H.R. 3525 resolution of some of these arson cases, can be called into play. The victims of these would reduce that threshold to $5,000, but some by arrest and others by designation as fires will be eligible under this bill to receive Messrs. HYDE and CONYERS have properly accidental. There still are a number of ongoing compensation from the crime victims trust seen fit to eliminate the threshold altogether. investigations and the fires continue to occur. fund. By eliminating the threshold, it will be easier Therefore, we must provide additional tools to Mr. Speaker, it is this Member's hope that for the Federal Government to prosecute more BATF and other Federal law enforcement this legislation will quickly become law in order of these arson cases. agencies so that they can more readily inves- to help combat this rash of hatred and to pun- Mr. Speaker, I once again congratulate tigate and prosecute these heinous crimes. ish those responsible for these crimes. Messrs. HYDE and CONYERS on their work on I urge my colleagues to stand with Con- Mr. CASTLE. Mr. Speaker, considering that this important bill. I also congratulate the other gressman HYDE and CONYERS in supporting our country was founded on certain principles, 91 sponsors of this measure. Now is time for this legislation. Passage of this legislation among them the freedom of religious expres- this House to let the people of America know today will allow Congress to join in the healing sion, it is utterly appalling that places of wor- that it will not tolerate the actions of bigots and process which has begun for those churches shipÐhomes to hundreds and hundreds of racists. We must pass H.R. 3525 to deliver which are now rebuilding. It will also send a congregationsÐhave apparently been targeted that message. message from Congress that we do not con- to bear the brunt of racial hatred and religious Mr. MONTGOMERY. Mr. Speaker, I rise in done or tolerate this type of activity in our Na- bigotry in this country. strong support of H.R. 3525, the Church Arson tion. While I am absolutely outraged at the series Prevention Act of 1996. Mr. LANTOS. Mr. Speaker, I rise today in of church fires that have brought us to this On Monday night two churches were burned strong support of the bipartisan legislation in- point, I am pleased that the Congress has in Mississippi that bring sadness to me that troduced by our colleagues, Judiciary Chair- worked swiftly and in a bipartisan manner to this has happened in our State. man HENRY HYDE and ranking member JOHN ensure that the church arson law is improved This bill will give law enforcement officers CONYERS, and to encourage the House to and strengthen. This is an issue that knows no the tools to bring to justice those who are re- pass it unanimously. There is no more cow- color, race, or religion. It affects each and sponsible for these burnings. Also the bill will ardly and offensive act than burning a commu- every one of us Americans; as a country. bring better cooperation between local, State nity's place of worship. It is all the more un- The passage of this bill will not heal the and Federal law enforcement agencies to conscionable when it is done out of bigotry wounds created by the tragic burning of solve these terrible crimes. and hatred. This legislation will help the Bu- churches, nor help ease the pain felt by those I am sure the people in Mississippi will pull reau of Alcohol, Tobacco and Firearms ensure who have seen their place of worship de- together to rebuild these churches of God. that justice will be swift and complete. Con- stroyed by the senseless and bigoted act of I support this legislation. I hope the Senate gress must make a strong proactive move to another. But this measure will help punish the and the President will act quickly on this bill. stop these burnings, bring the arsonists to jus- instigators of these fires by making it easier to Mr. FAZIO of California. I rise today to offer tice, and help these communities rebuild. prosecute those responsible for these egre- my strong support for the bipartisan legislation I extend my utmost sympathy to the min- gious acts. And in light of recent events, this before us. The Church Arson Prevention Act isters and their congregations all over the could not be more timely nor more crucial. will make it easier to bring prosecutions and country who have lost their places of worship. Mr. FRANKS of Connecticut. Mr. Speaker, will stiffen penalties against those who target I also call upon the victims of these terrible as I had done on June 13, 1996, I rise once houses of worship. crimes to be strong and to direct your anger again to voice my support of H.R. 3525, the Over the last 18 months, 33 predominantly not toward revenge, but toward reconstruction Church Arson Prevention Act of 1996 which black churches have been burned down and healing. As the only survivor of the Holo- has been offered by Congressman HYDE and throughout the South. This outbreak of vio- caust elected to Congress, I am all too familiar Congressman CONYERS and of which I am a lence and racism recalls a time in our Nation's with the injustices of random, unprovoked acts proud cosponsor. history when such acts were used to intimi- of violence. We must use this opportunity to Mr. Speaker, I and many of my colleagues date civil rights activists. We must not tolerate bare these extreme racists for who they areÐ have been alarmed by the rash of intentionally a rekindling of these flames of bigotry and ha- unscrupulous criminals who deserve to be put set church fires. Sadly, it has reached the tred in our country as we approach the new in jail for a long time. It is imperative that we point that it has become a daily occurrence. century. send a loud, clear, and firm message to the Seemingly, each day, we read in the papers These church fires, and the smoldering perpetrators of these sick crimes that Ameri- or see on the morning news that our Nation scourge of racism that we still confront in our cans will not tolerate bigotry or hate crimes. will be supporting more burned-out churches society, have reminded us that there is much It will take a concerted effort of every Amer- upon its landscapeÐgrotesque charred shells work to be done to achieve the goals of Dr. ican from every region of the country to send which remind us that there are those who King and the millions of others who aspire to the message that we must not slip back into would still practice racism and bigotry and pre- live in the colorblind society that he dreamed a dark past when minorities lived in fear of in- vent their fellow Americans from pursuing a would become a reality. tolerant racists. Mr. Speaker, let us lend our terror-free life of happiness, freedom and reli- This legislation is a step in that direction, resources and wholehearted commitment to gious liberty. but we must do much more. As a nation, we June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6461 must stand together in opposition to those Healing the spiritual wounds caused by the and as a cosponsor of the Church Arson Pre- who advocate violence and racism. With one destruction of one's place of worship will not vention Act, I rise in strong support of this voice, we must be firm and unequivocal in our come easily or quickly, but finding the individ- measure. It is imperative that we take imme- denunciation of such acts. uals who are responsible and bringing them to diate action to strengthen the ability of Federal As Abraham Lincoln said in 1858, ``a house justice is essential. I believe very strongly that law enforcement officials to respond to the divided against itself cannot stand.'' These local communities and the Federal Govern- alarming increase in church burnings in the prophetic words remain true in our day. ment must work together to see that these South and other parts of the Nation. These in- Mr. CLAY. Mr. Speaker, I rise in support of grave injustices are rectified. The Church cidents of hate call to mind ugly images of the Church Arson Prevention Act (HR 3525). Arson Prevention Act will aid communities and cross burnings and Klan rallies by false patri- Sacred places of worship are under attack law enforcement in this effort, and will help ots determined to divide this Nation. across America. Over the past 18 months, 35 deter future acts of terrorism on our churches Communities are now living in fear that their black churches have been burned. This num- and synagogues, which serve as the center of sacred houses of worship will be reduced to ber rivals the number of churches that were every community. ashes overnight in the wake of this destructive the targets of vicious racial hatred four dec- The Jewish Community Relations Bureau, spree. We need to send a clear signal to the ades ago, in the years leading up to the pas- one of the many organizations in my commu- perpetrators of these hate crimes that every sage of the 1964 Civil Rights Act. Mr. Speak- nity which has come to the aid of the victims law enforcement resource available will be er, we must not permit the forces of evil to of church burnings, has a saying: used to bring them to justice. Not only does turn back the hands of time. Church burnings If injustice is occurring to one person, it’s this bill clarify that Federal officials can be- will never destroy the spirit of those who have the same as if it’s happening to me. come involved in investigations of church fires faith. Those who perpetrate these morbid I urge my colleagues to act in the spirit of affecting interstate commerce; it also removes crimes telecast themselves as the enemies of this sincere expression by voting for H.R. the current requirement that $10,000 in dam- all who quest social justice. As legislators 3525. age must occur before Federal intervention. committed to racial equality we must condemn Mr. POSHARD. Mr. Speaker, I rise in strong Mr. Speaker, we know that a church is more the violence and resist efforts to promote the support of the Church Arson Prevention Act of than just the brick and mortar which make up despicable concept of white supremacy. 1996, and thank chairman HYDE and Ranking the building. It is a place of hope and spiritual The burning of black churches dramatizes Member CONYERS for their swift action in renewal, a center where communities gather the racist polarization which plagues our soci- bringing this bill to the floor. in celebration of one of our most precious ety. Congress must act with singular resolve Like millions of other Americans, I grew up freedoms, the freedom of religion. Many con- to denounce these reprehensible acts of van- attending a little country church. It was there gregations also run important services out of dalism and the stupidity and hatred that spawn along the banks of the Little Wabash River in their church buildings, such as food pantries to such unthinkable crimes. Government must White County, IL, that I learned the scripture feed the needy, activities for young people, employ all necessary resources to investigate lessons and the basic values which have guid- and programs for seniors. The loss of a these outrageous offenses and prosecute ed my life and which are still today the foun- church is devastating; it goes far beyond the those responsible for such malicious acts of dation for who I am. That is not an unusual material loss and inflicts enormous emotional violence. experience whatsoever, for Americans are a pain. Mr. Speaker, I urge my colleagues to sup- religious people and we live in a religious na- Mr. Speaker, I urge my colleagues to sup- port H.R. 3525 which makes it a Federal crime tion. We are a nation of religious tolerance, re- port this bill and stop the epidemic of hate and to deface or destroy religious property. It will specting differing denominations and religions violence which has no place in this Nation. facilitate Federal authorities in prosecuting as we all seek the solace and comfort of our Mr. TORRICELLI. Mr. Speaker, our Nation those guilty of the terrorist tactics involved in faith. is witnessing a frightening and despicable in- The church, as important as it was spir- church burnings. crease in violent attacks on places of worship. itually, was also important in a very physical, Ms. McCARTHY. Mr. Speaker, I want to ex- Indeed, since 1991, more than 152 houses of structural way, and it served as a gathering press my condolences to all of the families worship have been destroyed by arson or van- and congregations which have been victims of place in our little community. The church arsons which have scarred our dalism. And within the last 18 months, nearly church burnings throughout our Nation, and physical, spiritual, and emotional connections 50 African-American churches and 10 pre- urge my colleagues to support H.R. 3525, the to those churches are repugnant to all of us. dominantly white churches have been dese- Church Arson Prevention Act. We want the people who have suffered from crated. Just last night in Mississippi, two more Many religious groups and individuals in my these reprehensible acts to know that our churches were victims of arson. community have provided support for those thoughts and prayers are with them. And we These attacks simply must be stopped. who have been displaced by the church burn- want those who are responsible for these ac- While arson is undeniably one of the most ings. The Reverend Mac Charles Jones, pas- tions to know they will be held responsible. egregious crimes against society, it is even tor of St. Stephen Baptist Church in Kansas Ms. MILLENDER-MCDONALD. Mr. Speaker, more heinous when committed against a sa- City, is one who is advocating nationally for I rise in support of the Church Arson Preven- cred place of worship. Every American and African American congregations coping with tion Act of 1996. every community must act against these this extraordinary misfortune. In his role as as- I come to the House of Representatives crimes. And congress can take the first step sociate general secretary for racial justice of having grown up as the child of an active Bap- by passing H.R. 3525, the Church Arson Pre- the National Council of Churches, Rev. Jones tist minister in Alabama with fear that my fam- vention Act. met with President Clinton last week urging ily would be the target of church bombings Religion has been a central part of our Na- Federal support in investigating the church that were all too common during the 1950's. tion's culture and society. The burning or burnings. Rev. Jones and other area ministers The burning of a church is nothing less than desecration of a place of worship not only de- are seeking donations locally to assist the in- a cowardly act of terrorism upon the commu- stroys a vital and important physical structure vestigators and the victims. I salute everyone nity that hosts the church. and moral symbol, but it sends a message of for demonstrating compassion and generosity We are seeing church burnings in the Afri- hate and division within the community where during this difficult time, and encourage the can-American communities every day and we the attack occurs. Congress must ensure that broadest participation possible in rebuilding must put a stop to it. We do everything in our those responsible for such hideous acts be these spiritual structures. power to stop terrorism abroad, we must do punished to the fullest extent of the law. I am honored today to have the opportunity nothing less to prevent this terror in these This is not a partisan issue; it is an issue of to do my part by supporting a bill to prevent United States. justice. H.R. 3525 addresses this problem by these horrific acts of violence in the future. The cowards who set these fires must be enhancing the Federal Government's ability to H.R. 3525 eliminates certain barriers to Fed- caught, brought to justice and punished se- prosecute convicted arsonists and by remov- eral prosecution of individuals suspected of verely. I hope that we will work together to ing the minimal damage requirement. church burning. For example, the current re- help all Americans build a better nation and a I urge my colleagues to vote in favor of H.R. quirement that the offense cause at least better world. 3525. We must send a clear and strong mes- $10,000 in damages before Federal action can I urge each of my colleagues to vote in sup- sage that this dangerous and immoral behav- be taken will be eliminated. Those who would port of the Church Arson Prevention Act of ior will not be tolerated anywhere in America. deface or destroy religious property in the 1996. Mr. STOKES. Mr. Speaker, I rise in strong name of hate will be subject to Federal crimi- Mr. PAYNE of New Jersey. Mr. Speaker, as support of H.R. 3525, the Church Arson Pre- nal charges. chairman of the Congressional Black Caucus vention Act. If this great Nation is to live up to H6462 CONGRESSIONAL RECORD — HOUSE June 18, 1996 its pledge of liberty and justice for all, then we As churches burn from flames of hate and I commend the chairman of the Judiciary must come together to end the repugnant intolerance, there are those in our society who Committee, Mr. HYDE, its ranking member, Mr. wave or racially motivated arsons perpetrated would dismantle civil rights legislation and af- CONYERS, and all of my colleagues who are against African-American churches. firmative action that have provided assistance working together so effectively to see that this After hearing today of yet two more burn- to groups in our Nation who have been dis- legislation is speedily passed in the hopes that ings of predominantly African-American criminated against due to their race, sex, or the hatred that is rearing its ugly head will be churches, the latest of more than 34 since religious beliefs. stamped out. January 1995, I commend my colleagues We as a nation must not allow the practice Yesterday, two more churches burned to the Chairman HENRY HYDE and JOHN CONYERS for of scapegoating others because they are of a ground. Institutions of worship represent proposing this crucial legislation. H.R. 3525 is different race or nationality or poor to con- America's faith. Congress must give the De- an unequivocal representation of the Con- tinue. Our Nation was built on diversity and we partment of Justice the tools necessary to in- gress' condemnation of these acts of violence. must refute any beliefs that condone or sup- vestigate, apprehend and prosecute those This bill also provides for reasonable steps to port an atmosphere of blame and intolerance who destroy or desecrate religious property. fight these kinds of crimes. This legislation against those in our society who are defense- Our religious liberty is at stake and people's sensibly amends the United States Code to fa- less, particularly our sick, poor, and aged. Just lives are in danger. cilitate the use of Federal law to prosecute as the churches, synagogues, and mosques I join with my colleagues to act now to put persons who attack religious property based shelter our weak and defenseless, we as out these fires of hatred and ignorance and to on the race, color, or ethnic characteristics of Americans have an obligation to protect those help with the healing of those in the commu- persons associated with that property. In addi- houses of worship from vicious attacks. nities affected. tion, this bill allows victims to obtain financial I commend President Clinton and Attorney The SPEAKER pro tempore (Mr. assistance under the victims of crime fund for General Janet Reno on their quick responses NETHERCUTT). The question is on the any injuries caused by an attack on religious to investigate these criminal acts of terrorism motion offered by the gentleman from property. and I hope those who make such threats will Illinois [Mr. HYDE] that the House sus- Mr. Speaker, I denounce the recent epi- be prosecuted and will serve sentences com- pend the rules and pass the bill, H.R. demic of arson against African-American mensurate with the cowardly and despicable 3525, as amended. churches across this Nation. In addition to nature of their actions. The question was taken. supporting H.R. 3525, I am committed to in- Mr. REED. Mr. Speaker, as a cosponsor of Mr. HYDE. Mr. Speaker, on that I de- sisting that law enforcement authorities do ev- H.R. 3525, the Church Arson Prevention Act, mand the yeas and nays. erything within their power to apprehend the I am pleased that the House is considering The yeas and nays were ordered. persons responsible for such acts of unadul- this important legislation. The SPEAKER pro tempore. Pursu- The legislation before us is straightforward. terated hatred. This bipartisan legislation being ant to clause 5, rule 1 and the Chair’s It will help law enforcement officials capture considered by the House of Representatives prior announcement, further proceed- will certainly assist our efforts to prevent these those responsible for these heinous crimes. Unfortunately, the motivation of those com- ings on this motion will be postponed. immoral crimes. mitting these acts is also straightforwardÐ f It is my hope that from the ashes of African- hate, ignorance and disrespect. American churches Americans will come to- More than 30 fires have occurred at church- WILLIAM H. NATCHER BRIDGE gether to put an end to racial intolerance. I es throughout the South, leaving in their wake Mr. PETRI. Mr. Speaker, I move to urge my colleagues to support this important a fear that the demons of the past have risen suspend the rules and pass the bill legislation. again. This time they are not content to spew (H.R. 3572) to designate the bridge on Mr. RANGEL. Mr. Speaker, I rise to express their slogans of hatred. Instead, their hate is at U.S. Route 231 which crosses the Ohio my outrage and that of good Americans such a fever pitch that these brutes attack one River between Maceo, KY, and Rock- across this great country at the wave of sus- of the most powerful symbols of community port, IN, as the ‘‘William H. Natcher picious fires that have swept at least 30 and loveÐplaces of worship. Bridge.’’ churches in the South in recent months. In the 1960's our Nation witnessed a dra- The Clerk read as follows: Churches and synagogues are the corner- matic struggle for racial equality. Efforts to stones of our communities, providing the H.R. 3572 give African-Americans equal opportunity were Be it enacted by the Senate and House of Rep- moral and spiritual cultivation that our society often met with violent protest, and America so desperately needs. I ask all my colleagues resentatives of the United States of America in lost a number of brilliant young leaders to ra- Congress assembled, in the House to voice their condemnation of cial hatred and bigotry, including religious men SECTION 1. DESIGNATION. these deplorable acts. Vandalizing places of like the Reverend Martin Luther King. The bridge on United States Route 231 worship is not a partisan issue. In the end, the American ideal of equality which crosses the Ohio River between Maceo, I also call on all the moral leaders of our won, and hate lost. Kentucky, and Rockport, Indiana, shall be Nation and those of every religious back- Now, those who would tear our Nation apart known and designated as the ‘‘William H. ground to stand against these acts of terror. have returned. Natcher Bridge’’. Every synagogue, mosque and church is vul- We must collectively respond to this hatred. SEC. 2. REFERENCES. nerable to the same acts of terrorism commit- We cannot tolerate these deplorable acts Any reference in a law, map, regulation, ted against our black churches and it is crucial against African-Americans and our places of document, paper, or other record of the Unit- that leaders of every religious denomination worship. Indeed, the combination of this racial ed States to the bridge referred to in section speak out against the vandalism of our na- 1 shall be deemed to be a reference to the and religious intolerance is immoral and must ‘‘William H. Natcher Bridge’’. tion's houses of worship. be countered at every turn. It is a shame that the history of violence and Mr. Speaker, I am pleased the House will The SPEAKER pro tempore. Pursu- intimidation towards black people in this coun- pass this legislation to fight these despicable ant to the rule, the gentleman from try is repeating itself. Will we allow hate acts, and the Senate should follow suit. Wisconsin [Mr. PETRI] and the gen- groups such as the Klu Klux Klan, the Aryan In addition, I would urge the President and tleman from West Virginia [Mr. RA- Nation, skinheads, and other white suprema- Assistant Attorney General Patrick to continue HALL] each will be recognized for 20 cist organizations to rise again? Will we allow their efforts to bring the perpetrators of these minutes. the historic achievements of our courageous hateful acts to justiceÐAmerica's citizens of The Chair recognizes the gentleman freedom fighters who sought to create a nation all races and religions deserve no less. from Wisconsin [Mr. PETRI]. of fairness and racial harmony to be further Ms. PELOSI. Mr. Speaker, I rise in strong Mr. PETRI. Mr. Speaker, I yield my- defamed? support of this important legislation. These self such time as I may consume. In our society, arson of a church attended hate crimes against places of worship are sim- Mr. Speaker, H.R. 3572, which would predominately by African-Americans carries a ply intolerable and we in Congress must take name a bridge on U.S. 231 over the Ohio unique and menacing threat to individuals in quick and decisive action against these hor- River near Owensboro, KY, in honor of our Nation who remain physically vulnerable to rible acts of terrorism. our late and former colleague, William acts of violence and intimidation because of While we are saddened by these tragedies Natcher, is identical to legislation their race. Such threats are intolerable and in- we can take heart on the words of one of the which was passed unanimously by this dividuals responsible for such acts must be ministers who said they have burned the build- House on September 22, 1994. Unfortu- aggressively pursued and apprehended. ing, but they haven't destroyed the church. nately, the Senate never acted on this June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6463 legislation during the previous Con- Though folks on either side of the years, he never missed a day of work. gress. Ohio River back home know this For 40 years, he never missed a single A compilation of tributes to Chair- project as the Natcher bridge, we have vote—18,401 votes. That’s commitment. man Natcher has recently been pub- not yet named it at the Federal level. Nine Presidents came and went. He lished and in the near future will be Two years ago, this body passed a served under seven different Speakers distributed throughout the State of similar bill, but the other body kept it of the House. But Bill Natcher was Kentucky by members of the Kentucky bottled up in committee. So, today is there day in day out, quietly going delegation. We are considering this bill our chance to get this taken care of. about the business of doing the people’s today in conjunction with those activi- Many of you know that I represent business. ties. the Second District of Kentucky, which He didn’t showboat. He didn’t make a Representative Natcher was born in Mr. Natcher served so honorably for 41 lot of speeches. He didn’t schmooze Bowling Green, KY, in 1909 and was years. And over the past 2 years, I’ve with the press. He just quietly went educated at Western Kentucky State heard many stories about Mr. Natcher; about the business of public service. College and the Ohio State University from Members of Congress to barbers Because he believed in it. law school. His life was dedicated to to elevator operators. And they all And he was never shy about sharing public service—serving in the U.S. seem to have one thing in common: an his beliefs. I guess I heard his spiel a Navy during World War II and holdings incredible level of respect and admira- thousand times in the 7 years I was in a series of local and State offices be- tion—on both sides of the aisle. Washington with him. He repeated it fore being elected to Congress in 1953. Congressman Natcher was a gen- virtually every time he spoke before a He moved up the ranks of the Appro- tleman in every sense of the word. group of Kentuckians visiting Washing- priations Committee, eventually as- We all know about his incredible vot- ton. It wasn’t a complex philosophy. suming the chairmanship of the full ing streak: When he finally was unable He would simply say, and I quote, ‘‘If committee in 1993. to make it to the Hill, he had not you educate your children and if you I am proud to have had the privilege missed a rollcall vote in more than 40 provide for the health of your people, of serving in the House with Congress- years—or 18,401 consecutive votes. you will continue to live in the strong- man Natcher. Although well-known for Cal Ripken could learn something est Nation in the world.’’ having cast 18,401 consecutive votes from the gentleman from Bowling That’s it. That was the principle that during his 40 years here, Congressman Green, KY. And so can we all. motivated Bill Natcher for 40 years. Natcher’s accomplishments are much My office was recently sent a number He believed—he got involved—and he more than that voting record. He put a of copies of a memorial tribute to Con- demonstrated unbelievable commit- very high value on public service and gressman Natcher. It consists of ment. set a very high standard for himself. speeches made in this Chamber when Because of that commitment, he did Bill Natcher was always an inspiration he became seriously ill, and after he more than set voting and attendance to me and, I know, to many other passed on, as well as various articles records that will stand forever. He also Members as well. about his career. made a very big difference in the He was a gentleman, a stateman, and It is an inspiring work. health, education, and welfare of a a man of unquestioned integrity who I’m honored to be able to send copies whole nation. served this House and his constituents of this book to Mr. Natcher’s family, That is leadership. That was Bill in Kentucky from 1954 until his death and to the schools and public libraries Natcher. in 1994, with quiet, unfailing dedica- of the Second District. Bill Natcher deserves this honor—I tion. The naming of this bridge for Bill There, Mr. Natcher’s legacy of hard rise in support of the resolution. Natcher is a fitting and lasting memo- work, fairness, and bipartisanship can b 1645 rial to our friend and former colleague. continue to touch the lives of young I urge passage of H.R. 3572. people. Mr. PETRI. Mr. Speaker, I yield 3 Mr. Speaker, I reserve the balance of Let us pass this final, simple tribute minutes to the gentleman from Ken- my time. to Congressman Natcher, and ensure tucky [Mr. ROGERS]. Mr. RAHALL. Mr. Speaker, I yield that the Natcher Bridge, which will be Mr. ROGERS. Mr. Speaker, I rise in myself such time as I may consume. built primarily with Federal dollars, is support of this resolution and com- Mr. Speaker, I simply would like to mend my colleague, the gentleman add that many of us in this body would known by its proper name here in from Kentucky [Mr. LEWIS], the spon- agree that Mr. Natcher’s distinguished Washington, DC, and across the coun- try. sor of the bill, and the Representative service to this Nation, and to the peo- of the Second Congressional District, a ple of the Second Congressional Dis- I thank two colleagues of Mr. Natch- ETRI and Chairman job which Mr. Natcher held, of course, trict of Kentucky, merits in the very er—Chairman P SHUSTER—for their quick work on for many years. I also commend the least some type of official recognition. chairman, the gentleman from Wiscon- The pending legislation reflects the bringing this legislation to the floor. sin, Mr. PETRI, and the ranking mem- wishes of the Kentucky Delegation to Mr. PETRI. Mr. Speaker, I yield 4 ber, Mr. RAHALL, for bringing this bill in some small way provide this rec- minutes to the gentleman from Ken- to the floor. ognition. tucky [Mr. BUNNING]. Bill Natcher was a patriot, pure and This bill would designate a bridge on (Mr. BUNNING of Kentucky asked simple; a statesman, in every sense of U.S. Route 231, which crosses the Ohio and was given permission to revise and the word, and a dear, dear friend to River in the vicinity of Owensboro, KY, extend his remarks.) many in this institution; in fact, I as the ‘‘William H. Natcher Bridge.’’ Mr. BUNNING of Kentucky. Mr. It passed the House last Congress, Speaker, to become an effective lead- would say all. He also served as an ex- but failed to make it into law. er—a real leader—you need three ingre- ample of what every Member of this I would, as such, urge a unanimous dients: body aspires to be. He was of the high- vote in approving this bill. Belief—You gotta believe in some- est character and the most impeccable Mr. Speaker, I reserve the balance of thing. integrity, with the moral courage and my time. Involvement—you can’t lead unless compass to follow his beliefs, to follow Mr. PETRI. Mr. Speaker, I yield 2 you get down in the trenches yourself his tremendous sense of right and minutes to the gentleman from Ken- to make things happen. wrong. He was a longtime member, of tucky [Mr. LEWIS], Mr. Natcher’s suc- Commitment—you have to stay in course, of the Committee on Appropria- cessor in this body. for the long haul—you have to over- tions, its distinguished chairman be- Mr. LEWIS of Kentucky. Mr. Speak- come challenges and that takes time. ginning in December 1992. Before that, er, I rise today in support of H.R. 3572, Belief, involvement, and commit- he served tirelessly for 18 years as which will officially designate the ment. That is what makes a leader. chairman of the Subcommittee on bridge spanning Maceo, KY, and Rock- And Bill Natcher had all three. Labor, Health and Human Services, port, IN, as the ‘‘William H. Natcher For 40 years, Bill Natcher served in and Education, and his accomplish- Bridge.’’ the House of Representatives. For 40 ments there have served this Nation in H6464 CONGRESSIONAL RECORD — HOUSE June 18, 1996 ways beyond our ability to fully appre- Mr. Speaker, I am pleased to rise in have 5 legislative days within which to ciate. support of this resolution naming a revise and extend their remarks on There are many tributes that have bridge on behalf of our former leader, H.R. 3572. been bestowed upon our State’s former Chairman Natcher, who was a model The SPEAKER pro tempore. Is there dean, and many more to come, I hope, for so many of us in the Congress. His objection to the request of the gen- but this tribute is especially fitting. dedication, his leadership, his devotion tleman from Wisconsin? Bill Natcher labored for years to build to public responsibilities, served as a There was no objection. this bridge. When finished, the Natcher reminder to all of us how much more f Bridge will be a daily reminder to his we can and should be doing as we rep- many beloved constituents of the tre- resent the people of our own districts. SINGLE AUDIT ACT AMENDMENTS mendous service he gave to his district, I think this memorial is a befitting OF 1996 his State, and the people of this Na- memorial in naming the bridge after Mr. HORN. Mr. Speaker, I move to tion. Mr. Natcher, because he was like a suspend the rules and pass the Senate Again, I want to congratulate the sturdy bridge for all of us, between our bill (S. 1579) to streamline and improve gentleman from Kentucky [Mr. LEWIS] constituents and the Congress and the the effectiveness of chapter 75 of title for sponsoring this memorial to one of Federal Government. I am pleased to 31, United States Code (commonly re- our greatest statesmen in the House rise in support of the resolution. ferred to as the ‘‘Single Audit Act’’). and the Congress, and I urge its adop- Mr. PETRI. Mr. Speaker, I yield such The Clerk read as follows: tion. time as he may consume to the gen- S. 1579 Mr. RAHALL. Mr. Speaker, I yield 3 tleman from Illinois, Mr. HENRY HYDE, Be it enacted by the Senate and House of Rep- minutes to the distinguished, very ca- the distinguished chairman of the Com- resentatives of the United States of America in pable gentleman who is the Represent- mittee on the Judiciary. Congress assembled, ative of the Third District of Ken- (Mr. HYDE asked and was given per- SECTION 1. SHORT TITLE; PURPOSES. tucky, Mr. WARD. mission to revise and extend his re- (a) SHORT TITLE.—This Act may be cited as Mr. WARD. Mr. Speaker, I thank the marks.) the ‘‘Single Audit Act Amendments of 1996’’. gentleman very much for yielding me Mr. HYDE. Mr. Speaker, I just can- (b) PURPOSES.—The purposes of this Act time. not let this opportunity pass without are to— Mr. Speaker, I rise in support of this paying homage to one of the really (1) promote sound financial management, resolution and am very proud to be great people I have been privileged to including effective internal controls, with respect to Federal awards administered by able to do so. I am disappointed that I meet in a rather long life. Bill Natcher non-Federal entities; was not able to get to know Bill Natch- was as close to a perfect legislator as I (2) establish uniform requirements for au- er. I had the opportunity on literally have ever encountered, a man of impec- dits of Federal awards administered by non- just a couple of occasions to introduce cable rectitude. He was as straight as Federal entities; myself to him and to meet him. My he stood, which was with ramrod sever- (3) promote the efficient and effective use service in this Congress began after his ity. He was honorable, he was straight- of audit resources; passing. But I do know very, very well forward. You knew where he stood on (4) reduce burdens on State and local gov- of his reputation, because each of us any issue and every issue. But, most ernments, Indian tribes, and nonprofit orga- who was involved in government and importantly, his contributions, which nizations; and politics in Kentucky knew very well of were many, most importantly they (5) ensure that Federal departments and agencies, to the maximum extent prac- Chairman Natcher. were not that he ran the Committee on ticable, rely upon and use audit work done We knew of him as an example to as- Appropriations with an iron hand, but pursuant to chapter 75 of title 31, United pire to, not just his voting record, but with compassion and a generous hand. States Code (as amended by this Act). obviously that reflected his commit- He never turned anybody away who SEC. 2. AMENDMENT TO TITLE 31, UNITED ment and his sense of duty, but more needed help, any cause. He was a lib- STATES CODE. than that, to the way he conducted eral in the best sense of the term as Chapter 75 of title 31, United States Code, himself in office. anybody I have ever met, and yet he is amended to read as follows: Chairman Natcher was a fellow who kept a very tight ship. ‘‘CHAPTER 75—REQUIREMENTS FOR had no press secretary. Chairman But I think his most important and SINGLE AUDITS Natcher was a fellow who regularly lasting contribution was his defense of ‘‘Sec. turned back some of his office budget the unborn. It was not very popular for ‘‘7501. Definitions. to the Treasury. Chairman Natcher, in ‘‘7502. Audit requirements; exemptions. him, but he was pro-life, and there are ‘‘7503. Relation to other audit requirements. short, was a fellow who represented his literally millions of children alive ‘‘7504. Federal agency responsibilities and district in a time-honored fashion that today because Bill Natcher would not relations with non-Federal en- maybe is no longer to be seen and will budge on the issue of Federal funding tities. never again be seen. for abortion. He was a great man, he is ‘‘7505. Regulations. Chairman Natcher prided himself on a great man, and one bridge is hardly ‘‘7506. Monitoring responsibilities of the campaigning out of his sedan. He drove enough, but at least it is a start. Comptroller General. around the Second Congressional Dis- God bless you, Bill Natcher. ‘‘7507. Effective date. trict of Kentucky from courthouse to Mr. RAHALL. Mr. Speaker, I have no ‘‘§ 7501. Definitions courthouse, from crossroads to cross- further requests for time, and I yield ‘‘(a) As used in this chapter, the term— roads, and made sure that the people of back the balance of my time. ‘‘(1) ‘Comptroller General’ means the his district knew who he was and what Mr. PETRI. Mr. Speaker, I have no Comptroller General of the United States; he was about, and that he in turn knew further requests for time, and I yield ‘‘(2) ‘Director’ means the Director of the Office of Management and Budget; who they were and what they were back the balance of my time. ‘‘(3) ‘Federal agency’ has the same mean- about. The SPEAKER pro tempore (Mr. ing as the term ‘agency’ in section 551(1) of I am delighted to have the oppor- NETHERCUTT). The question is on the title 5; tunity to support this resolution, and motion offered by the gentleman from ‘‘(4) ‘Federal awards’ means Federal finan- look forward to driving across the Wil- Wisconsin [Mr. PETRI] that the House cial assistance and Federal cost-reimburse- liam Natcher Bridge. suspend the rules and pass the bill, ment contracts that non-Federal entities re- Mr. PETRI. Mr. Speaker, I yield such H.R. 3572. ceive directly from Federal awarding agen- time as he may consume to the gen- The question was taken; and (two- cies or indirectly from pass-through entities; tleman from New York [Mr. GILMAN], thirds having voted in favor thereof) ‘‘(5) ‘Federal financial assistance’ means the chairman of the Committee on the rules were suspended and the bill assistance that non-Federal entities receive International Relations. was passed. A motion to reconsider was or administer in the form of grants, loans, (Mr. GILMAN asked and was given loan guarantees, property, cooperative laid on the table. agreements, interest subsidies, insurance, permission to revise and extend his re- f food commodities, direct appropriations, or marks.) GENERAL LEAVE other assistance, but does not include Mr. GILMAN. Mr. Speaker, I thank amounts received as reimbursement for serv- the distinguished gentleman for yield- Mr. PETRI. Mr. Speaker, I ask unani- ices rendered to individuals in accordance ing me this time. mous consent that all Members may with guidance issued by the Director; June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6465 ‘‘(6) ‘Federal program’ means all Federal ‘‘(20) ‘subrecipient’ means a non-Federal under which such Federal awards are pro- awards to a non-Federal entity assigned a entity that receives Federal awards through vided to that non-Federal entity. single number in the Catalog of Federal Do- another non-Federal entity to carry out a ‘‘(B) The provisions of subparagraph (A)(ii) mestic Assistance or encompassed in a group Federal program, but does not include an in- of this paragraph shall not exempt a non- of numbers or other category as defined by dividual who receives financial assistance Federal entity from compliance with any the Director; through such awards. provision of a Federal statute or regulation ‘‘(7) ‘generally accepted government audit- ‘‘(b) In prescribing risk-based program se- that requires such non-Federal entity to ing standards’ means the government audit- lection criteria for major programs, the Di- maintain records concerning Federal awards ing standards issued by the Comptroller Gen- rector shall not require more programs to be provided to such non-Federal entity or that eral; identified as major for a particular non-Fed- permits a Federal agency, pass-through en- ‘‘(8) ‘independent auditor’ means— eral entity, except as prescribed under sub- tity, or the Comptroller General access to ‘‘(A) an external State or local government section (c) or as provided under subsection such records. auditor who meets the independence stand- (d), than would be identified if the major ‘‘(3) Every 2 years, the Director shall re- ards included in generally accepted govern- programs were defined as any program for view the amount for requiring audits pre- ment auditing standards; or which total expenditures of Federal awards scribed under paragraph (1)(A) and may ad- just such dollar amount consistent with the ‘‘(B) a public accountant who meets such by the non-Federal entity during the appli- purposes of this chapter, provided the Direc- independence standards; cable year exceed— tor does not make such adjustments below ‘‘(9) ‘Indian tribe’ means any Indian tribe, ‘‘(1) the larger of $30,000,000 or 0.15 percent $300,000. band, nation, or other organized group or of the non-Federal entity’s total Federal ex- community, including any Alaskan Native ‘‘(b)(1) Except as provided in paragraphs (2) penditures, in the case of a non-Federal en- and (3), audits conducted pursuant to this village or regional or village corporation (as tity for which such total expenditures for all chapter shall be conducted annually. defined in, or established under, the Alaskan programs exceed $10,000,000,000; ‘‘(2) A State or local government that is re- Native Claims Settlement Act) that is recog- ‘‘(2) the larger of $3,000,000, or 0.30 percent quired by constitution or statute, in effect nized by the United States as eligible for the of the non-Federal entity’s total Federal ex- on January 1, 1987, to undergo its audits less special programs and services provided by penditures, in the case of a non-Federal en- frequently than annually, is permitted to un- the United States to Indians because of their tity for which such total expenditures for all dergo its audits pursuant to this chapter bi- status as Indians; programs exceed $100,000,000 but are less than ennially. Audits conducted biennially under ‘‘(10) ‘internal controls’ means a process, or equal to $10,000,000,000; or the provisions of this paragraph shall cover effected by an entity’s management and ‘‘(3) the larger of $300,000, or 3 percent of both years within the biennial period. other personnel, designed to provide reason- such total Federal expenditures for all pro- ‘‘(3) Any nonprofit organization that had able assurance regarding the achievement of grams, in the case of a non-Federal entity biennial audits for all biennial periods end- objectives in the following categories: for which such total expenditures for all pro- ing between July 1, 1992, and January 1, 1995, ‘‘(A) Effectiveness and efficiency of oper- grams equal or exceed $300,000 but are less is permitted to undergo its audits pursuant ations. than or equal to $100,000,000. to this chapter biennially. Audits conducted ‘‘(B) Reliability of financial reporting. ‘‘(c) When the total expenditures of a non- biennially under the provisions of this para- ‘‘(C) Compliance with applicable laws and Federal entity’s major programs are less graph shall cover both years within the bien- regulations; than 50 percent of the non-Federal entity’s nial period. ‘‘(11) ‘local government’ means any unit of total expenditures of all Federal awards (or ‘‘(c) Each audit conducted pursuant to sub- local government within a State, including a such lower percentage as specified by the Di- section (a) shall be conducted by an inde- county, borough, municipality, city, town, rector), the auditor shall select and test ad- pendent auditor in accordance with gen- township, parish, local public authority, spe- ditional programs as major programs as nec- erally accepted government auditing stand- cial district, school district, intrastate dis- essary to achieve audit coverage of at least ards, except that, for the purposes of this trict, council of governments, any other in- 50 percent of Federal expenditures by the chapter, performance audits shall not be re- strumentality of local government and, in non-Federal entity (or such lower percentage quired except as authorized by the Director. accordance with guidelines issued by the Di- ‘‘(d) Each single audit conducted pursuant as specified by the Director), in accordance rector, a group of local governments; to subsection (a) for any fiscal year shall— with guidance issued by the Director. ‘‘(12) ‘major program’ means a Federal pro- ‘‘(d) Loan or loan guarantee programs, as ‘‘(1) cover the operations of the entire non- gram identified in accordance with risk- specified by the Director, shall not be sub- Federal entity; or based criteria prescribed by the Director ject to the application of subsection (b). ‘‘(2) at the option of such non-Federal en- under this chapter, subject to the limita- tity such audit shall include a series of au- tions described under subsection (b); ‘‘§ 7502. Audit requirements; exemptions dits that cover departments, agencies, and ‘‘(13) ‘non-Federal entity’ means a State, ‘‘(a)(1)(A) Each non-Federal entity that ex- other organizational units which expended or local government, or nonprofit organization; pends a total amount of Federal awards otherwise administered Federal awards dur- ‘‘(14) ‘nonprofit organization’ means any equal to or in excess of $300,000 or such other ing such fiscal year provided that each such corporation, trust, association, cooperative, amount specified by the Director under sub- audit shall encompass the financial state- or other organization that— section (a)(3) in any fiscal year of such non- ments and schedule of expenditures of Fed- ‘‘(A) is operated primarily for scientific, Federal entity shall have either a single eral awards for each such department, agen- educational, service, charitable, or similar audit or a program-specific audit made for cy, and organizational unit, which shall be purposes in the public interest; such fiscal year in accordance with the re- considered to be a non-Federal entity. ‘‘(B) is not organized primarily for profit; quirements of this chapter. ‘‘(e) The auditor shall— and ‘‘(B) Each such non-Federal entity that ex- ‘‘(1) determine whether the financial state- ‘‘(C) uses net proceeds to maintain, im- pends Federal awards under more than one ments are presented fairly in all material re- prove, or expand the operations of the orga- Federal program shall undergo a single audit spects in conformity with generally accepted nization; in accordance with the requirements of sub- accounting principles; ‘‘(15) ‘pass-through entity’ means a non- sections (b) through (i) of this section and ‘‘(2) determine whether the schedule of ex- Federal entity that provides Federal awards guidance issued by the Director under sec- penditures of Federal awards is presented to a subrecipient to carry out a Federal pro- tion 7505. fairly in all material respects in relation to gram; ‘‘(C) Each such non-Federal entity that ex- the financial statements taken as a whole; ‘‘(16) ‘program-specific audit’ means an pends awards under only one Federal pro- ‘‘(3) with respect to internal controls per- audit of one Federal program; gram and is not subject to laws, regulations, taining to the compliance requirements for ‘‘(17) ‘recipient’ means a non-Federal en- or Federal award agreements that require a each major program— tity that receives awards directly from a financial statement audit of the non-Federal ‘‘(A) obtain an understanding of such inter- Federal agency to carry out a Federal pro- entity, may elect to have a program-specific nal controls; gram; audit conducted in accordance with applica- ‘‘(B) assess control risk; and ‘‘(18) ‘single audit’ means an audit, as de- ble provisions of this section and guidance ‘‘(C) perform tests of controls unless the scribed under section 7502(d), of a non-Fed- issued by the Director under section 7505. controls are deemed to be ineffective; and eral entity that includes the entity’s finan- ‘‘(2)(A) Each non-Federal entity that ex- ‘‘(4) determine whether the non-Federal en- cial statements and Federal awards; pends a total amount of Federal awards of tity has complied with the provisions of ‘‘(19) ‘State’ means any State of the United less than $300,000 or such other amount speci- laws, regulations, and contracts or grants States, the District of Columbia, the Com- fied by the Director under subsection (a)(3) pertaining to Federal awards that have a di- monwealth of Puerto Rico, the Virgin Is- in any fiscal year of such entity, shall be ex- rect and material effect on each major pro- lands, Guam, American Samoa, the Com- empt for such fiscal year from compliance gram. monwealth of the Northern Mariana Islands, with— ‘‘(f)(1) Each Federal agency which provides and the Trust Territory of the Pacific Is- ‘‘(i) the audit requirements of this chapter; Federal awards to a recipient shall— lands, any instrumentality thereof, any and ‘‘(A) provide such recipient the program multi-State, regional, or interstate entity ‘‘(ii) any applicable requirements concern- names (and any identifying numbers) from which has governmental functions, and any ing financial audits contained in Federal which such awards are derived, and the Fed- Indian tribe; and statutes and regulations governing programs eral requirements which govern the use of H6466 CONGRESSIONAL RECORD — HOUSE June 18, 1996 such awards and the requirements of this ‘‘(j) The Director may authorize pilot ‘‘(1) receive copies of all reporting pack- chapter; and projects to test alternative methods of ages developed in accordance with this chap- ‘‘(B) review the audit of a recipient as nec- achieving the purposes of this chapter. Such ter; essary to determine whether prompt and ap- pilot projects may begin only after consulta- ‘‘(2) identify recipients that expend $300,000 propriate corrective action has been taken tion with the Chair and Ranking Minority or more in Federal awards or such other with respect to audit findings, as defined by Member of the Committee on Governmental amount specified by the Director under sec- the Director, pertaining to Federal awards Affairs of the Senate and the Chair and tion 7502(a)(3) during the recipient’s fiscal provided to the recipient by the Federal Ranking Minority Member of the Committee year but did not undergo an audit in accord- agency. on Government Reform and Oversight of the ance with this chapter; and ‘‘(2) Each pass-through entity shall— House of Representatives. ‘‘(3) perform analyses to assist the Director ‘‘(A) provide such subrecipient the program ‘‘§ 7503. Relation to other audit requirements in carrying out responsibilities under this names (and any identifying numbers) from ‘‘(a) An audit conducted in accordance chapter. which such assistance is derived, and the with this chapter shall be in lieu of any fi- ‘‘§ 7505. Regulations Federal requirements which govern the use nancial audit of Federal awards which a non- ‘‘(a) The Director, after consultation with of such awards and the requirements of this Federal entity is required to undergo under the Comptroller General, and appropriate of- chapter; any other Federal law or regulation. To the ficials from Federal, State, and local govern- ‘‘(B) monitor the subrecipient’s use of Fed- extent that such audit provides a Federal ments and nonprofit organizations shall pre- eral awards through site visits, limited scope agency with the information it requires to scribe guidance to implement this chapter. audits, or other means; carry out its responsibilities under Federal Each Federal agency shall promulgate such ‘‘(C) review the audit of a subrecipient as law or regulation, a Federal agency shall amendments to its regulations as may be necessary to determine whether prompt and rely upon and use that information. necessary to conform such regulations to the appropriate corrective action has been taken ‘‘(b) Notwithstanding subsection (a), a Fed- requirements of this chapter and of such with respect to audit findings, as defined by eral agency may conduct or arrange for addi- guidance. the Director, pertaining to Federal awards tional audits which are necessary to carry ‘‘(b)(1) The guidance prescribed pursuant to provided to the subrecipient by the pass- out its responsibilities under Federal law or subsection (a) shall include criteria for de- through entity; and regulation. The provisions of this chapter do termining the appropriate charges to Federal ‘‘(D) require each of its subrecipients of not authorize any non-Federal entity (or awards for the cost of audits. Such criteria Federal awards to permit, as a condition of subrecipient thereof) to constrain, in any shall prohibit a non-Federal entity from receiving Federal awards, the independent manner, such agency from carrying out or charging to any Federal awards— auditor of the pass-through entity to have arranging for such additional audits, except ‘‘(A) the cost of any audit which is— such access to the subrecipient’s records and that the Federal agency shall plan such au- ‘‘(i) not conducted in accordance with this financial statements as may be necessary for dits to not be duplicative of other audits of chapter; or the pass-through entity to comply with this Federal awards. ‘‘(ii) conducted in accordance with this ‘‘(c) The provisions of this chapter do not chapter. chapter when expenditures of Federal awards limit the authority of Federal agencies to ‘‘(g)(1) The auditor shall report on the re- are less than amounts cited in section conduct, or arrange for the conduct of, au- sults of any audit conducted pursuant to this 7502(a)(1)(A) or specified by the Director dits and evaluations of Federal awards, nor section, in accordance with guidance issued under section 7502(a)(3), except that the Di- by the Director. limit the authority of any Federal agency rector may allow the cost of limited scope ‘‘(2) When reporting on any single audit, Inspector General or other Federal official. audits to monitor subrecipients in accord- the auditor shall include a summary of the ‘‘(d) Subsection (a) shall apply to a non- auditor’s results regarding the non-Federal Federal entity which undergoes an audit in ance with section 7502(f)(2)(B); and entity’s financial statements, internal con- accordance with this chapter even though it ‘‘(B) more than a reasonably proportionate trols, and compliance with laws and regula- is not required by section 7502(a) to have share of the cost of any such audit that is tions. such an audit. conducted in accordance with this chapter. ‘‘(h) The non-Federal entity shall transmit ‘‘(e) A Federal agency that provides Fed- ‘‘(2) The criteria prescribed pursuant to the reporting package, which shall include eral awards and conducts or arranges for au- paragraph (1) shall not, in the absence of the non-Federal entity’s financial state- dits of non-Federal entities receiving such documentation demonstrating a higher ac- ments, schedule of expenditures of Federal awards that are in addition to the audits of tual cost, permit the percentage of the cost awards, corrective action plan defined under non-Federal entities conducted pursuant to of audits performed pursuant to this chapter subsection (i), and auditor’s reports devel- this chapter shall, consistent with other ap- charged to Federal awards, to exceed the oped pursuant to this section, to a Federal plicable law, arrange for funding the full cost ratio of total Federal awards expended by clearinghouse designated by the Director, of such additional audits. Any such addi- such non-Federal entity during the applica- and make it available for public inspection tional audits shall be coordinated with the ble fiscal year or years, to such non-Federal within the earlier of— Federal agency determined under criteria is- entity’s total expenditures during such fiscal ‘‘(1) 30 days after receipt of the auditor’s sued under section 7504 to preclude duplica- year or years. report; or tion of the audits conducted pursuant to this ‘‘(c) Such guidance shall include such pro- ‘‘(2)(A) for a transition period of at least 2 chapter or other additional audits. visions as may be necessary to ensure that years after the effective date of the Single ‘‘(f) Upon request by a Federal agency or small business concerns and business con- Audit Act Amendments of 1996, as estab- the Comptroller General, any independent cerns owned and controlled by socially and lished by the Director, 13 months after the auditor conducting an audit pursuant to this economically disadvantaged individuals will end of the period audited; or chapter shall make the auditor’s working pa- have the opportunity to participate in the ‘‘(B) for fiscal years beginning after the pe- pers available to the Federal agency or the performance of contracts awarded to fulfill riod specified in subparagraph (A), 9 months Comptroller General as part of a quality re- the audit requirements of this chapter. after the end of the period audited, or within view, to resolve audit findings, or to carry ‘‘§ 7506. Monitoring responsibilities of the a longer timeframe authorized by the Fed- out oversight responsibilities consistent Comptroller General eral agency, determined under criteria is- with the purposes of this chapter. Such ac- ‘‘(a) The Comptroller General shall review sued under section 7504, when the 9-month cess to auditor’s working papers shall in- provisions requiring financial audits of non- timeframe would place an undue burden on clude the right to obtain copies. Federal entities that receive Federal awards the non-Federal entity. ‘‘§ 7504. Federal agency responsibilities and that are contained in bills and resolutions ‘‘(i) If an audit conducted pursuant to this relations with non-Federal entities reported by the committees of the Senate section discloses any audit findings, as de- ‘‘(a) Each Federal agency shall, in accord- and the House of Representatives. fined by the Director, including material ance with guidance issued by the Director ‘‘(b) If the Comptroller General determines noncompliance with individual compliance under section 7505, with regard to Federal that a bill or resolution contains provisions requirements for a major program by, or re- awards provided by the agency— that are inconsistent with the requirements portable conditions in the internal controls ‘‘(1) monitor non-Federal entity use of Fed- of this chapter, the Comptroller General of, the non-Federal entity with respect to eral awards, and shall, at the earliest practicable date, notify the matters described in subsection (e), the ‘‘(2) assess the quality of audits conducted in writing— non-Federal entity shall submit to Federal under this chapter for audits of entities for ‘‘(1) the committee that reported such bill officials designated by the Director, a plan which the agency is the single Federal agen- or resolution; and for corrective action to eliminate such audit cy determined under subsection (b). ‘‘(2)(A) the Committee on Governmental findings or reportable conditions or a state- ‘‘(b) Each non-Federal entity shall have a Affairs of the Senate (in the case of a bill or ment describing the reasons that corrective single Federal agency, determined in accord- resolution reported by a committee of the action is not necessary. Such plan shall be ance with criteria established by the Direc- Senate); or consistent with the audit resolution stand- tor, to provide the non-Federal entity with ‘‘(B) the Committee on Government Re- ard promulgated by the Comptroller General technical assistance and assist with imple- form and Oversight of the House of Rep- (as part of the standards for internal con- mentation of this chapter. resentatives (in the case of a bill or resolu- trols in the Federal Government) pursuant ‘‘(c) The Director shall designate a Federal tion reported by a committee of the House of to section 3512(c). clearinghouse to— Representatives). June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6467 ‘‘§ 7507. Effective date The legislation improves audit cov- organizations, along with State and ‘‘This chapter shall apply to any non-Fed- erage by placing both State and local local governments that receive Federal eral entity with respect to any of its fiscal governments and nonprofit organiza- assistance. State and local govern- years which begin after June 30, 1996.’’. tions under the same single audit proc- ments currently follows the guidance SEC. 3. TRANSITIONAL APPLICATION. ess, and under the same rules. In ac- in OMB circular A–128; nonprofits fol- Subject to section 7507 of title 31, United cordance with current law, not-for- low the guidance in OMB circular A– States Code (as amended by section 2 of this profits are not covered by the 1984 act, 133. This change will allow the Office of Act) the provisions of chapter 75 of such title (before amendment by section 2 of this Act) but instead by circular A–133 which is Management and Budget to develop shall continue to apply to any State or local guidance created by the Office of Man- one consolidated body of audit require- government with respect to any of its fiscal agement and Budget. This change helps ments for recipients of Federal assist- years beginning before July 1, 1996. Federal auditors as well as recipients ance. The SPEAKER pro tempore. Pursu- of Federal aid since there will be a sin- The Federal burden on many of those ant to the rule, the gentleman from gle set of rules to follow affording less entities now required to have single au- California [Mr. HORN] and the gentle- potential for confusion and error. dits will be reduced by the proposal, The bill reduces the burden of a fiscal woman from New York [Mrs. MALONEY] while retaining the same level of audit audit on recipients. The threshold for each will control 20 minutes. coverage that the 1984 act provided. The Chair recognizes the gentleman requiring a single audit is raised from This occurs by raising the Federal dol- $100,000 annually to $300,000 annually. from California [Mr. HORN]. lar threshold for requiring a single Mr. HORN. Mr. Speaker, I yield my- An organization receiving less than audit from $100,000 to $300,000. This will self such time as I may consume. $100,000 would not be required to have benefit small entities which will not Mr. Speaker, this legislation is iden- an audit; however it would remain sub- longer be burdened by the existing tical to H.R. 3184, legislation I intro- ject to monitoring and is required to OMB circular A–133 regulations. duced, the purpose of which is to im- report on the use of the funds. By rais- In addition the bill will allow for a prove the financial management of ing the threshold for requiring an audit risk-based approach to audit testing. funds provided to grantees by the Fed- the bill reduces both the audit and pa- This will encourage the refocusing of eral Government. The bill would reduce perwork burden, thereby allowing more audit resources to places where there is paperwork burdens on States, local funds for use by the program. the greatest risk of waste, fraud or It is important to note that this governments, universities, and other abuse. Based on guidance developed by change will still allow for 95 percent of nonprofit organizations that receive the Office of Management and Budget, Federal funds provided to recipients to Federal assistance. auditors will be able to exercise good be audited ensuring accountability of I am very pleased that the chairman professional judgment in selecting pro- the use of Federal funds. This is the of the Committee on Government Re- grams for testing rather than auto- same percentage targeted for coverage form and Oversight, Representative matically auditing the same programs by the 1984 act. year after year. WILLIAM CLINGER, joins me in support- It is imperative that the Federal ing the bill, as does Representative Over the last few years we have made Government better account for the ex- great strides in reforming Federal fi- TOM DAVIS of Virginia, Representative penditure of the tax dollars of the nancial management. Much remains to CAROLYN MALONEY of New York, Rep- American people. The Single Audit Act be done. The Single Audit Act of 1984 resentative COLLIN PETERSON of Min- helps to accomplish this objective. It started the process with States and nesota, and Representative SCOTTY does so while eliminating unnecessary local governments and devised great BAESLER of Kentucky. audits and requiring that all Federal improvements in financial manage- This good government measure was agencies granting money to an organi- ment by those governments. The Chief developed on a bipartisan basis. It will zation use the single audit. As a former Financial Officers Act of 1990 continued strengthen accountability by recipi- university president, I know that Gov- the process and extended the concept of ents for the Federal assistance they re- ernment paperwork requirements cost financial accountability to the execu- ceive, while providing flexibility to staff time and financial resources that tive branch. The Single Audit Act Federal agencies to place oversight re- could be better used to provide services Amendments of 1996 continues the sources where they are most effective. and jobs. Common sense must be ap- process further by allowing experimen- S. 1579 amends the Single Audit Act plied to Government requirements. tation with performance auditing—the of 1984. The 1984 act replaced multiple This bill does just that. process of looking at the effectiveness grant-by-grant audits of Federal As- The Single Audit Act of 1984 replaced of a program achievement of its goal— sistance programs with an annual en- a disparate approach to audits of indi- and allowing for the use of judgment, tity-wide process for State and local vidual State and local recipients of focusing on a risk-based approach to governments that receive Federal fi- Federal funds. Prior to its passage a auditing rather than just mechanically nancial assistance. system of multiple grant-by-grant au- following rules. S. 1579 builds on the During the early 1990’s groups af- dits existed. This created a scenario accomplishments of the 1984 act, and fected by the Single Audit Act of 1984, where an organization receiving Fed- will lead to additional improvement for such as the National State auditors As- eral funds from more than one Federal both Federal agencies and recipients of sociation and the President’s Council source could find itself spending vast Federal assistance. It is a good govern- on Integrity and Efficiency, began a amounts of time and resources provid- ment, commonsense initiative. I urge comprehensive review of the efficacy of ing identical information to different support of this motion. the act and from that effort developed Federal auditors simply because the b suggestions on how it could be im- funding came from different govern- 1700 proved. The bill incorporates many of ment agencies. Often the agencies Mr. Speaker, I reserve the balance of their ideas for improvement and has would schedule audits at the same time my time. been endorsed by those groups. resulting in a situation where several Mrs. MALONEY. Mr. Speaker, I yield The bill provides significant changes Federal auditors competed for the myself such time as I may consume. to the 1984 act. Those changes improve same records. Making matters worse, As the ranking Democrat of the Sub- its usefulness. there also existed a variety of overlap- committee on Government Manage- The measure allows Federal program ping, inconsistent, and, too often, du- ment, Information and Technology, I managers more flexibility in achieving plicative Federal agency requirements am proud to be the ranking Democratic the legislation’s purpose, and reduces for audits of individual programs. The sponsor of H.R. 3184, the companion bill the audit burden on both the managers Single Audit Act replaced that with a to S. 1579, the Single Audit Act Amend- and the recipients of funding freeing up unified approach which my legislation ments of 1996. I would like to thank the time and resources for programs. It im- continues. gentleman from California [Mr. HORN], proves the reporting process by asking As I noted, the benefits of the bill in- for the bipartisan spirit with which he for reports on programs within a short- clude: has approached and worked on this leg- er time frame, with the addition of The broadening of the scope of the islation and for his leadership on this user-friendly summaries. Single Audit Act to include nonprofit legislation. H6468 CONGRESSIONAL RECORD — HOUSE June 18, 1996 This legislation builds on the Single useful to the officials responsible for program audits. These changes will re- Audit Act of 1984, which replaced the overseeing Federal funds. duce audit and paperwork burdens, inefficient, cumbersome, multiple The bill calls for more timely re- while preserving audit coverage of the grant-by-grant audits of Federal assist- ports, reducing the time from 13 bulk of Federal assistance. Why spend ance programs with an annual entity- months to 9, and reports that empha- $30,000 auditing a $25,000 grant? wide audit, greatly simplifying and im- size the auditor’s conclusions, the qual- The General Accounting Office has proving the system. ity of internal controls, and the con- estimated that the $300,000 threshold H.R. 3184’s major reforms would en- tinuing interest of the Federal Govern- would cover 95 percent of direct Fed- hance audit coverage; reduce adminis- ment. eral assistance to local governments, trative burdens; increase effectiveness This bill has been negotiated over the which is commensurate with the cov- by establishing a risk-based approach last year to address the concerns of a erage provided at the $100,000 threshold for selecting programs for audit, as op- number of interested parties. The suc- when the act was passed in 1984. In ef- posed to auditing every single program; cess of those negotiations is reflected fect, the exempting of thousands of en- thereby focusing resources where they in the wide support that the bill en- tities from single audits would reduce are most needed; improve reporting joys. In addition to bipartisan sponsor- audit and paperwork burdens, but and simplify reporting; and increase ship in the House and Senate, the bill would not significantly diminish the administrative flexibility. is endorsed by the National State Audi- percentage of Federal assistance cov- Today, more than ever, with 20 per- tors Association and the administra- ered by single audits. cent of the Federal budget being passed tion. Those entities that would fall below through to the State and local govern- Mr. Speaker, I thank the chairman, I the $300,000 threshold would be exempt ments, it is important that we have a urge my colleagues to support this bill, from federally mandated audit cov- good accounting of these funds. and I reserve the balance of my time. erage but would still have to comply In 1960 the Federal Government gave Mr. HORN. Mr. Speaker, I thank my with the Federal requirements to 7 percent of its funds to State and local distinguished colleague from New York maintain records or permit access to governments, $7 billion out of $100 bil- for her help and cooperation, and I records. The elimination of the $25,000 lion budget. In 1981, when Congress likewise appreciate the help and co- threshold, which requires entities to began discussing the single audit con- operation of the gentleman from Min- have a program audit of each Federal cept, the Federal budget had grown nesota [Mr. PETERSON], who, as an ac- program they administer, would fur- fivefold, but transfers to State and countant, made a great contribution to ther simplify the act by having only local governments had grown to $95 bil- the shaping of this bill. one single audit threshold. lion, nearly a 14-fold increase. Today, Mr. Speaker, I yield 3 minutes to the This bill, Mr. Speaker, is a common- sense package of amendments that will nearly 20 percent of the Federal budget gentleman from Virginia [Mr. DAVIS], of $1.5 trillion goes to State and local one of the most active colleagues on serve to further enhance the effective- governments. our subcommittee and the full commit- ness of the Single Audit Act by reduc- The Single Audit Act was designed to tee. ing the Federal burden on State and create a system of accountability for Mr. DAVIS. Mr. Speaker, I rise today local governments. Therefore, I thank those dollars. Over the last 12 years it in support of S. 1579, the Single Audit the gentleman from California [Mr. has served us well. Act Amendments of 1996. S. 1579 is an HORN], the gentleman from Pennsylva- The Single Audit Act of 1984 ad- important piece of legislation that will nia [Mr. CLINGER], and the gentle- dressed a serious problem of account- significantly reduce the Federal burden woman from New York [Mrs. MALONEY] ability. It replaced a system of mul- on State and local governments by for their leadership on this issue, and I tiple grant-by-grant audits with a sin- amending the Single Audit Act of 1984. urge support of the bill. Mrs. MALONEY. Mr. Speaker, I yield gle entitywide audit of all Federal As the former head of government in such time as she may consume to the funds. Fairfax County, VA, I am keenly aware gentlewoman from Illinois [Mrs. COL- Prior to the act, there were many of the success of the Single Audit Act LINS], the distinguished ranking mem- overlapping, inconsistent and duplica- and the worthiness of these followup ber of the Committee on Government tive Federal requirements. The act amendments. Reform and Oversight. eliminated this duplication and pro- The 1984 act replaced multiple grant- Mrs. COLLINS of Illinois. Mr. Speak- vided a set of uniform auditing require- by-grant audits of Federal assistance er, I rise in support of this bill, and ments. At the same time, it improved programs with an annual entitywide commend Ranking Minority Member accountability for billions of dollars audit process for State and local gov- MALONEY and Chairman HORN for their and reduced the paperwork burden on ernments receiving Federal assistance. hard efforts on behalf of this legisla- State and local governments. S. 1579 will provide needed changes to tion. The Single Audit Act Amendments of the 1984 act by reducing unnecessary The Single Audit Act of 1984 ad- 1996 updates the law and makes needed audit burdens on recipients of Federal dressed a serious problem of account- and necessary changes. assistance while at the same time en- ability. It is more important today The threshold of $100,000 for auditing suring that accountability for the use than ever. State and local governments was care- of Federal funds is maintained. The The interaction between the Federal fully selected in 1984 to cover 95 per- amendments also provide administra- Government and State and local gov- cent of all transfers. Because of infla- tive flexibility to adjust statutory re- ernments is far more complex than it tion, that threshold now covers 99 per- quirements and allow for a more effi- was 35 years ago. In 1960, out of a total cent of all transfers. This bill raises cient and cost-effective audit approach. Federal budget of about $100 billion, that threshold to $300,000, returning Several studies have been conducted the Federal Government gave $7 billion coverage to the 95 percent level. that illustrate the influence of the 1984 to State and local governments. In To increase the administrative flexi- act on the financial management prac- 1981, when Congress began discussing bility, this bill also gives the director tices of State and local governments the single audit concept, the Federal of the Office of Management and Budg- receiving Federal assistance. All State budget had grown five-fold, but trans- et the authority to adjust the thresh- and local participants of the studies fers to State and local governments old for future inflation. Currently, in- have agreed that the single audit proc- had grown to $95 billion—nearly a 14- stitutions of higher education and ess has improved the approach to au- fold increase. other nonprofit organizations of higher diting Federal assistance, but that fur- Today, nearly 20 percent of the Fed- education and other nonprofit organi- ther improvements are desirable. eral budget of $1.5 trillion, or 20 per- zations receiving Federal funds are au- This bill will meet these desired cent of the taxes collected by the IRS, dited under executive authority. These changes by significantly reducing the goes to State and local governments. amendments will codify the audit re- Federal burden on State and local gov- The Single Audit Act was designed to quirements for those entities. It is im- ernments by raising the single audit create a system of accountability for portant to note that this bill also threshold from $100,000 to $300,000 and those dollars. Over the last 12 years it makes the results of these audits more eliminating the $25,000 threshold for has served us well. June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6469 The experience of the last 12 years SECTION 1. SHORT TITLE. the United States take to further the objec- has also shown a number of places This Act may be cited as the ‘‘Iran and tives of section 3 with respect to Iran. where the legislation can be improved. Libya Sanctions Act of 1996’’. (c) WAIVER.—The President may waive the The Single Audit Act Amendments of SEC. 2. FINDINGS. application of section 5(a) with respect to na- The Congress makes the following findings: tionals of a country if— 1996 incorporates those changes. (1) that country has agreed to undertake The threshold of $100,000 for auditing (1) The efforts of the Government of Iran to acquire weapons of mass destruction and substantial measures, including economic State and local governments was care- the means to deliver them and its support of sanctions, that will inhibit Iran’s efforts to fully selected in 1984 to cover 95 per- acts of international terrorism endanger the carry out activities described in section 2 cent of all transfers. Because of infla- national security and foreign policy inter- and information required by subsection (b)(1) tion, that threshold now covers 99 per- ests of the United States and those countries has been included in a report submitted cent of all transfers. This bill raises with which the United States shares com- under subsection (b); and the threshold to $300,000, and returns mon strategic and foreign policy objectives. (2) the President, at least 30 days before coverage to the 95 percent level. This (2) The objective of preventing the pro- the waiver takes effect, notifies the appro- bill also give the Director of the Office liferation of weapons of mass destruction priate congressional committees of his in- and acts of international terrorism through tention to exercise the waiver. of Management and Budget the author- existing multilateral and bilateral initia- (d) ENHANCED SANCTION.— ity to adjust the threshold for future tives requires additional efforts to deny Iran (1) SANCTION.—With respect to nationals of inflation. the financial means to sustain its nuclear, countries except those with respect to which Among other changes to the Single chemical, biological, and missile weapons the President has exercised the waiver au- Audit Act, this bill makes the results programs. thority of subsection (c), at any time after of these audits more useful to the ad- (3) The Government of Iran uses its diplo- the first report is required to be submitted ministration officials responsible for matic facilities and quasi-governmental in- under subsection (b), section 5(a) shall be ap- overseeing these funds, by requiring stitutions outside of Iran to promote acts of plied by substituting ‘‘$20,000,000’’ for more timely reports—reducing the international terrorism and assist its nu- ‘‘$40,000,000’’ each place it appears, and by time from 13 months to 9—and requir- clear, chemical, biological, and missile weap- substituting ‘‘$5,000,000’’ for ‘‘$10,000,000’’. ons programs. (2) REPORT TO CONGRESS.—The President ing that reports emphasize the auditors (4) The failure of the Government of Libya shall report to the appropriate congressional conclusions, the quality of internal to comply with Resolutions 731, 748, and 883 committees any country with respect to controls, and the continuing interests of the Security Council of the United Na- which paragraph (1) applies. of the Federal Government. tions, its support of international terrorism, (e) INTERIM REPORT ON MULTILATERAL This bill has been negotiated over the and its efforts to acquire weapons of mass SANCTIONS; MONITORING.—The President, not last year to address the concerns of a destruction constitute a threat to inter- later than 90 days after the date of the enact- number of interested parties. The suc- national peace and security that endangers ment of this Act, shall report to the appro- cess of those negotiations is reflected the national security and foreign policy in- priate congressional committees on— in the wide support this bill enjoys. In terests of the United States and those coun- (1) whether the member states of the Euro- pean Union, the Republic of Korea, Aus- addition to bipartisan sponsorship in tries with which it shares common strategic and foreign policy objectives. tralia, Israel, or Japan have legislative or the House and Senate, the bill is en- SEC. 3. DECLARATION OF POLICY. administrative standards providing for the dorsed by the National State Auditors (a) POLICY WITH RESPECT TO IRAN.—The imposition of trade sanctions on persons or Association, and the administration. Congress declares that it is the policy of the their affiliates doing business or having in- Mr. Speaker, I again commend the United States to deny Iran the ability to vestments in Iran or Libya; ranking member and the chairman of support acts of international terrorism and (2) the extent and duration of each in- the subcommittee for this fine piece of to fund the development and acquisition of stance of the application of such sanctions; work, and urge all of my colleagues to weapons of mass destruction and the means and support this good piece of legislation. to deliver them by limiting the development (3) the disposition of any decision with re- Mrs. MALONEY. Mr. Speaker, I have of Iran’s ability to explore for, extract, re- spect to such sanctions by the World Trade no further requests for time, and I fine, or transport by pipeline petroleum re- Organization or its predecessor organization. yield back the balance of my time. sources of Iran. SEC. 5. IMPOSITION OF SANCTIONS. Mr. HORN. Mr. Speaker, I have no (b) POLICY WITH RESPECT TO LIBYA.—The (a) SANCTIONS WITH RESPECT TO IRAN.—Ex- Congress further declares that it is the pol- further requests for time, and I yield cept as provided in subsection (f), the Presi- icy of the United States to seek full compli- dent shall impose 2 or more of the sanctions back the balance of my time. ance by Libya with its obligations under described in paragraphs (1) through (6) of sec- The SPEAKER pro tempore (Mr. Resolutions 731, 748, and 883 of the Security tion 6 if the President determines that a per- NETHERCUTT). The question is on the Council of the United Nations, including end- son has, with actual knowledge, on or after motion offered by the gentleman from ing all support for acts of international ter- the date of the enactment of this Act, made California [Mr. HORN] that the House rorism and efforts to develop or acquire an investment of $40,000,000 or more (or any suspend the rules and pass the Senate weapons of mass destruction. combination of investments of at least bill, S. 1579. SEC. 4. MULTILATERAL REGIME. $10,000,000 each, which in the aggregate The question was taken; and (two- (a) MULTILATERAL NEGOTIATIONS.—In order equals or exceeds $40,000,000 in any 12-month thirds having voted in favor thereof) to further the objectives of section 3, the period), that directly and significantly con- the rules were suspended and the Sen- Congress urges the President to commence tributed to the enhancement of Iran’s ability immediately diplomatic efforts, both in ap- to develop petroleum resources of Iran. ate bill was passed. propriate international fora such as the (b) SANCTIONS WITH RESPECT TO LIBYA.— A motion to reconsider was laid on United Nations, and bilaterally with allies of (1) TRIGGER OF MANDATORY SANCTIONS.— the table. the United States, to establish a multilat- Except as provided in subsection (f), the f eral sanctions regime against Iran, including President shall impose 2 or more of the sanc- b provisions limiting the development of pe- tions described in paragraphs (1) through (6) 1715 troleum resources, that will inhibit Iran’s ef- of section 6 if the President determines that IRAN AND LIBYA SANCTIONS ACT forts to carry out activities described in sec- a person has, with actual knowledge, on or OF 1996 tion 2. after the date of the enactment of this Act, (b) REPORTS TO CONGRESS.—The President exported, transferred, or otherwise provided Mr. GILMAN. Mr. Speaker, I move to shall report to the appropriate congressional to Libya any goods, services, technology, or suspend the rules and pass the bill committees, not later than 1 year after the other items the provision of which is prohib- (H.R. 3107) to impose sanctions on per- date of the enactment of this Act, and peri- ited under paragraph 4(b) or 5 of Resolution sons exporting certain goods or tech- odically thereafter, on the extent that diplo- 748 of the Security Council of the United Na- nology that would enhance Iran’s abil- matic efforts described in subsection (a) have tions, adopted March 31, 1992, or under para- ity to explore for, extract, refine, or been successful. Each report shall include— graph 5 or 6 of Resolution 883 of the Security transport by pipeline petroleum re- (1) the countries that have agreed to un- Council of the United Nations, adopted No- dertake measures to further the objectives of vember 11, 1993, if the provision of such items sources, and for other purposes, as section 3 with respect to Iran, and a descrip- significantly and materially— amended. tion of those measures; and (A) contributed to Libya’s ability to ac- The Clerk read as follows: (2) the countries that have not agreed to quire chemical, biological, or nuclear weap- H.R. 3107 measures described in paragraph (1), and, ons or destabilizing numbers and types of ad- Be it enacted by the Senate and House of Rep- with respect to those countries, other meas- vanced conventional weapons or enhanced resentatives of the United States of America in ures (in addition to that provided in sub- Libya’s military or paramilitary capabili- Congress assembled, section (d)) the President recommends that ties; H6470 CONGRESSIONAL RECORD — HOUSE June 18, 1996 (B) contributed to Libya’s ability to de- (4) to— person to sanctions under this Act. Any per- velop its petroleum resources; or (A) spare parts which are essential to Unit- son who relies in good faith on such an advi- (C) contributed to Libya’s ability to main- ed States products or production; sory opinion which states that the proposed tain its aviation capabilities. (B) component parts, but not finished prod- activity would not subject a person to such (2) TRIGGER OF DISCRETIONARY SANCTIONS.— ucts, essential to United States products or sanctions, and any person who thereafter en- Except as provided in subsection (f), the production; or gages in such activity, will not be made sub- President may impose 1 or more of the sanc- (C) routine servicing and maintenance of ject to such sanctions on account of such ac- tions described in paragraphs (1) through (6) products, to the extent that alternative tivity. of section 6 if the President determines that sources are not readily or reasonably avail- SEC. 8. TERMINATION OF SANCTIONS. a person has, with actual knowledge, on or able; (a) IRAN.—The requirement under section after the date of the enactment of this Act, (6) to information and technology essential 5(a) to impose sanctions shall no longer have made an investment of $40,000,000 or more (or to United States products or production; or force or effect with respect to Iran if the any combination of investments of at least (7) to medicines, medical supplies, or other President determines and certifies to the ap- $10,000,000 each, which in the aggregate humanitarian items. propriate congressional committees that equals or exceeds $40,000,000 in any 12-month SEC. 6. DESCRIPTION OF SANCTIONS. Iran— period), that directly and significantly con- The sanctions to be imposed on a sanc- (1) has ceased its efforts to design, develop, tributed to the enhancement of Libya’s abil- tioned person under section 5 are as follows: manufacture, or acquire— ity to develop its petroleum resources. (1) EXPORT-IMPORT BANK ASSISTANCE FOR (A) a nuclear explosive device or related (c) PERSONS AGAINST WHICH THE SANCTIONS EXPORTS TO SANCTIONED PERSONS.—The Presi- materials and technology; ARE TO BE IMPOSED.—The sanctions de- dent may direct the Export-Import Bank of (B) chemical and biological weapons; and scribed in subsections (a) and (b) shall be im- the United States not to give approval to the (C) ballistic missiles and ballistic missile posed on— issuance of any guarantee, insurance, exten- launch technology; and (1) any person the President determines sion of credit, or participation in the exten- (2) has been removed from the list of coun- has carried out the activities described in sion of credit in connection with the export tries the governments of which have been de- subsection (a) or (b); and of any goods or services to any sanctioned termined, for purposes of section 6(j) of the (2) any person the President determines— person. Export Administration Act of 1979, to have (A) is a successor entity to the person re- (2) EXPORT SANCTION.—The President may repeatedly provided support for acts of inter- ferred to in paragraph (1); order the United States Government not to national terrorism. (B) is a parent or subsidiary of the person issue any specific license and not to grant (b) LIBYA.—The requirement under section referred to in paragraph (1) if that parent or any other specific permission or authority to 5(b) to impose sanctions shall no longer have subsidiary, with actual knowledge, engaged export any goods or technology to a sanc- force or effect with respect to Libya if the in the activities referred to in paragraph (1); tioned person under— President determines and certifies to the ap- or (i) the Export Administration Act of 1979; propriate congressional committees that (C) is an affiliate of the person referred to (ii) the Arms Export Control Act; Libya has fulfilled the requirements of Unit- in paragraph (1) if that affiliate, with actual (iii) the Atomic Energy Act of 1954; or ed Nations Security Council Resolution 731, knowledge, engaged in the activities referred (iv) any other statute that requires the adopted January 21, 1992, United Nations Se- to in paragraph (1) and if that affiliate is prior review and approval of the United curity Council Resolution 748, adopted controlled in fact by the person referred to States Government as a condition for the ex- March 31, 1992, and United Nations Security in paragraph (1). port or re-export of goods or services. Council Resolution 883, adopted November For purposes of this Act, any person or en- (3) LOANS FROM UNITED STATES FINANCIAL 11, 1993. tity described in this subsection shall be re- INSTITUTIONS.—The United States Govern- SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL ferred to as a ‘‘sanctioned person’’. ment may prohibit any United States finan- WAIVER. (d) PUBLICATION IN FEDERAL REGISTER.— cial institution from making loans or provid- (a) DELAY OF SANCTIONS.— The President shall cause to be published in ing credits to any sanctioned person totaling (1) CONSULTATIONS.—If the President the Federal Register a current list of persons more than $10,000,000 in any 12-month period makes a determination described in section and entities on whom sanctions have been unless such person is engaged in activities to 5(a) or 5(b) with respect to a foreign person, imposed under this Act. The removal of per- relieve human suffering and the loans or the Congress urges the President to initiate sons or entities from, and the addition of credits are provided for such activities. consultations immediately with the govern- persons and entities to, the list, shall also be (4) PROHIBITIONS ON FINANCIAL INSTITU- ment with primary jurisdiction over that so published. TIONS.—The following prohibitions may be foreign person with respect to the imposition (e) PUBLICATION OF PROJECTS.—The Presi- imposed against a sanctioned person that is of sanctions under this Act. dent shall cause to be published in the Fed- a financial institution: (2) ACTIONS BY GOVERNMENT OF JURISDIC- eral Register a list of all significant projects (A) PROHIBITION ON DESIGNATION AS PRI- TION.—In order to pursue consultations under which have been publicly tendered in the oil MARY DEALER.—Neither the Board of Gov- paragraph (1) with the government con- and gas sector in Iran. ernors of the Federal Reserve System nor cerned, the President may delay imposition (f) EXCEPTIONS.—The President shall not be the Federal Reserve Bank of New York may of sanctions under this Act for up to 90 days. required to apply or maintain the sanctions designate, or permit the continuation of any Following such consultations, the President under subsection (a) or (b)— prior designation of, such financial institu- shall immediately impose sanctions unless (1) in the case of procurement of defense tion as a primary dealer in United States the President determines and certifies to the articles or defense services— Government debt instruments. Congress that the government has taken spe- (A) under existing contracts or sub- (B) PROHIBITION ON SERVICE AS A REPOSI- cific and effective actions, including, as ap- contracts, including the exercise of options TORY OF GOVERNMENT FUNDS.—Such financial propriate, the imposition of appropriate pen- for production quantities to satisfy require- institution may not serve as agent of the alties, to terminate the involvement of the ments essential to the national security of United States Government or serve as repos- foreign person in the activities that resulted the United States; itory for United States Government funds. in the determination by the President under (B) if the President determines in writing The imposition of either sanction under sub- section 5(a) or 5(b) concerning such person. that the person to which the sanctions would paragraph (A) or (B) shall be treated as 1 (3) ADDITIONAL DELAY IN IMPOSITION OF otherwise be applied is a sole source supplier sanction for purposes of section 5, and the SANCTIONS.—The President may delay the of the defense articles or services, that the imposition of both such sanctions shall be imposition of sanctions for up to an addi- defense articles or services are essential, and treated as 2 sanctions for purposes of section tional 90 days if the President determines that alternative sources are not readily or 5. and certifies to the Congress that the gov- reasonably available; or (5) PROCUREMENT SANCTION.—The United ernment with primary jurisdiction over the (C) if the President determines in writing States Government may not procure, or person concerned is in the process of taking that such articles or services are essential to enter into any contract for the procurement the actions described in paragraph (2). the national security under defense co- of, any goods or services from a sanctioned (4) REPORT TO CONGRESS.—Not later than 90 production agreements; person. days after making a determination under (2) in the case of procurement, to eligible (6) ADDITIONAL SANCTIONS.—The President section 5(a) or 5(b), the President shall sub- products, as defined in section 308(4) of the may impose sanctions, as appropriate, to re- mit to the appropriate congressional com- Trade Agreements Act of 1979 (19 U.S.C. strict imports with respect to a sanctioned mittees a report on the status of consulta- 2518(4)), of any foreign country or instrumen- person, in accordance with the International tions with the appropriate foreign govern- tality designated under section 301(b)(1) of Emergency Economic Powers Act (50 U.S.C. ment under this subsection, and the basis for that Act (19 U.S.C. 2511(b)(1)); 1701 and following). any determination under paragraph (3). (3) to products, technology, or services pro- SEC. 7. ADVISORY OPINIONS. (b) DURATION OF SANCTIONS.—A sanction vided under contracts entered into before the The Secretary of State may, upon the re- imposed under section 5 shall remain in ef- date on which the President publishes in the quest of any person, issue an advisory opin- fect— Federal Register the name of the person on ion to that person as to whether a proposed (1) for a period of not less than 2 years whom the sanctions are to be imposed; activity by that person would subject that from the date on which it is imposed; or June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6471

(2) until such time as the President deter- tary or quasi-governmental institutions of (7) FOREIGN PERSON.—The term ‘‘foreign mines and certifies to the Congress that the Iran to promote acts of international terror- person’’ means— person whose activities were the basis for ism or to develop or sustain Iran’s nuclear, (A) an individual who is not a United imposing the sanction is no longer engaging chemical, biological, and missile weapons States person or an alien lawfully admitted in such activities and that the President has programs. for permanent residence into the United received reliable assurances that such person (b) OTHER REPORTS.—The President shall States; or will not knowingly engage in such activities ensure the continued transmittal to the Con- (B) a corporation, partnership, or other in the future, except that such sanction shall gress of reports describing— nongovernmental entity which is not a Unit- remain in effect for a period of at least 1 (1) the nuclear and other military capabili- ed States person. year. ties of Iran, as required by section 601(a) of (8) GOODS AND TECHNOLOGY.—The terms (c) PRESIDENTIAL WAIVER.— the Nuclear Non-Proliferation Act of 1978 ‘‘goods’’ and ‘‘technology’’ have the mean- (1) AUTHORITY.—The President may waive and section 1607 of the National Defense Au- ings given those terms in section 16 of the the requirement in section 5 to impose a thorization Act for Fiscal Year 1993; and Export Administration Act of 1979 (50 U.S.C. sanction or sanctions on a person described (2) the support provided by Iran for acts of app. 2415). in section 5(c), and may waive the continued international terrorism, as part of the De- (9) INVESTMENT.—The term ‘‘investment’’ imposition of a sanction or sanctions under partment of State’s annual report on inter- means any of the following activities if such subsection (b) of this section, 30 days or national terrorism. activity is undertaken pursuant to an agree- more after the President determines and so SEC. 11. DETERMINATIONS NOT REVIEWABLE. ment, or pursuant to the exercise of rights reports to the appropriate congressional A determination to impose sanctions under under such an agreement, that is entered committees that it is important to the na- this Act shall not be reviewable in any court. tional interest of the United States to exer- into with the Government of Iran or a SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES. nongovenmental entity in Iran, or with the cise such waiver authority. Nothing in this Act shall apply to any ac- Government of Libya or a nongovernmental (2) CONTENTS OF REPORT.—Any report under tivities subject to the reporting require- entity in Libya, on or after the date of the paragraph (1) shall provide a specific and de- ments of title V of the National Security Act tailed rationale for the determination under of 1947. enactment of this Act: (A) The entry into a contract that includes paragraph (1), including— SEC. 13. EFFECTIVE DATE; SUNSET. responsibility for the development of petro- (A) a description of the conduct that re- (a) EFFECTIVE DATE.—This Act shall take sulted in the determination under section effect on the date of the enactment of this leum resources located in Iran or Libya (as 5(a) or (b), as the case may be; Act. the case may be), or the entry into a con- (B) in the case of a foreign person, an ex- (b) SUNSET.—This Act shall cease to be ef- tract providing for the general supervision planation of the efforts to secure the co- fective on the date that is 5 years after the and guarantee of another person’s perform- operation of the government with primary date of the enactment of this Act. ance of such a contract. jurisdiction over the sanctioned person to SEC. 14. DEFINITIONS. (B) The purchase of a share of ownership, terminate or, as appropriate, penalize the ac- As used in this Act: including an equity interest, in that develop- tivities that resulted in the determination (1) ACT OF INTERNATIONAL TERRORISM.—The ment. under section 5(a) or (b), as the case may be; term ‘‘act of international terrorism’’ means (C) The entry into a contract providing for (C) an estimate as to the significance— an act— the participation in royalties, earnings, or (i) of the provision of the items described (A) which is violent or dangerous to human profits in that development, without regard in section 5(a) to Iran’s ability to develop its life and that is a violation of the criminal to the form of the participation. petroleum resources, or laws of the United States or of any State or The term ‘‘investment’’ does not include the (ii) of the provision of the items described that would be a criminal violation if com- entry into, performance, or financing of a in section 5(b)(1) to the abilities of Libya de- mitted within the jurisdiction of the United contract to sell or purchase goods, services, scribed in subparagraph (A), (B), or (C) of States or any State; and or technology. section 5(b)(1), or of the investment de- (B) which appears to be intended— (10) IRAN.—The term ‘‘Iran’’ includes any scribed in section 5(b)(2) on Libya’s ability to (i) to intimidate or coerce a civilian popu- agency or instrumentality of Iran. develop its petroleum resources, lation; (11) IRANIAN DIPLOMATS AND REPRESENTA- as the case may be; and (ii) to influence the policy of a government TIVES OF OTHER GOVERNMENT AND MILITARY OR (D) a statement as to the response of the by intimidation or coercion; or QUASI-GOVERNMENTAL INSTITUTIONS OF IRAN.— United States in the event that the person (iii) to affect the conduct of a government The term ‘‘Iranian diplomats and representa- concerned engages in other activities that by assassination or kidnapping. tives of other government and military or would be subject to section 5(a) or (b). (2) APPROPRIATE CONGRESSIONAL COMMIT- quasi-governmental institutions of Iran’’ in- (3) EFFECT OF REPORT ON WAIVER.—If the TEES.—The term ‘‘appropriate congressional cludes employees, representatives, or affili- President makes a report under paragraph committees’’ means the Committee on Fi- ates of Iran’s— (1) with respect to a waiver of sanctions on nance, the Committee on Banking, Housing, a person described in section 5(c), sanctions and Urban Affairs, and the Committee on (A) Foreign Ministry; need not be imposed under section 5(a) or (b) Foreign Relations of the Senate and the (B) Ministry of Intelligence and Security; on that person during the 30-day period re- Committee on Ways and Means, the Commit- (C) Revolutionary Guard Corps; ferred to in paragraph (1). tee on Banking and Financial Services, and (D) Crusade for Reconstruction; (E) Qods (Jerusalem) Forces; SEC. 10. REPORTS REQUIRED. the Committee on International Relations of (F) Interior Ministry; (a) REPORT ON CERTAIN INTERNATIONAL INI- the House of Representatives. (G) Foundation for the Oppressed and Dis- TIATIVES.—Not later than 6 months after the (3) COMPONENT PART.—The term ‘‘compo- date of the enactment of this Act, and every nent part’’ has the meaning given that term abled; 6 months thereafter, the President shall in section 11A(e)(1) of the Export Adminis- (H) Prophet’s Foundation; transmit a report to the appropriate congres- tration Act of 1979 (50 U.S.C. App. (I) June 5th Foundation; sional committees describing— 2410a(e)(1)). (J) Martyr’s Foundation; (1) the efforts of the President to mount a (4) DEVELOP AND DEVELOPMENT.—To ‘‘de- (K) Islamic Propagation Organization; and multilateral campaign to persuade all coun- velop’’, or the ‘‘development’’ of, petroleum (L) Ministry of Islamic Guidance. tries to pressure Iran to cease its nuclear, resources means the exploration for, or the (12) LIBYA.—The term ‘‘Libya’’ includes chemical, biological, and missile weapons extraction, refining, or transportation by any agency or instrumentality of Libya. programs and its support of acts of inter- pipeline of, petroleum resources. (13) NUCLEAR EXPLOSIVE DEVICE.—The term national terrorism; (5) FINANCIAL INSTITUTION.—The term ‘‘fi- ‘‘nuclear explosive device’’ means any de- (2) the efforts of the President to persuade nancial institution’’ includes— vice, whether assembled or disassembled, other governments to ask Iran to reduce the (A) a depository institution (as defined in that is designed to produce an instantaneous presence of Iranian diplomats and represent- section 3(c)(1) of the Federal Deposit Insur- release of an amount of nuclear energy from atives of other government and military or ance Act), including a branch or agency of a special nuclear material (as defined in sec- quasi-governmental institutions of Iran and foreign bank (as defined in section 1(b)(7) of tion 11aa. of the Atomic Energy Act of 1954) to withdraw any such diplomats or rep- the International Banking Act of 1978); that is greater than the amount of energy resentatives who participated in the take- (B) a credit union; that would be released from the detonation over of the United States embassy in Tehran (C) a securities firm, including a broker or of one pound of trinitrotoluene (TNT). on November 4, 1979, or the subsequent hold- dealer; (14) PERSON.—The term ‘‘person’’ means— ing of United States hostages for 444 days; (D) an insurance company, including an (A) a natural person; (3) the extent to which the International agency or underwriter; and (B) a corporation, business association, Atomic Energy Agency has established regu- (E) any other company that provides finan- partnership, society, trust, any other non- lar inspections of all nuclear facilities in cial services. governmental entity, organization, or group, Iran, including those presently under con- (6) FINISHED PRODUCT.—The term ‘‘finished and any governmental entity operating as a struction; and product’’ has the meaning given that term in business enterprise; and (4) Iran’s use of Iranian diplomats and rep- section 11A(e)(2) of the Export Administra- (C) any successor to any entity described resentatives of other government and mili- tion Act of 1979 (50 U.S.C. App. 2410a(e)(2)). in subparagraph (B). H6472 CONGRESSIONAL RECORD — HOUSE June 18, 1996 (15) PETROLEUM RESOURCES.—The term ‘‘pe- the House International Relations U.N. Security Council Resolution 748 troleum resources’’ includes petroleum and Committee, this bill imposes a sanc- was adopted in April 1992 as a result of natural gas resources. tion regime on companies helping to Libya’s refusal to comply with UNSCR (16) UNITED STATES OR STATE.—The term develop the oil and gas industries in 731. ‘‘United States’’ or ‘‘State’’ means the sev- eral States, the District of Columbia, the Iran and Libya. Its enactment can Resolution 748 imposed sanctions Commonwealth of Puerto Rico, the Com- sharply diminish the future revenues that embargoed Libya’s civil aviation monwealth of the Northern Mariana Islands, from oil and gas production of these and military procurement efforts and American Samoa, Guam, the United States rogue regimes and will put a halt to required all states to reduce Libya’s Virgin Islands, and any other territory or their campaigns of state-sponsored ter- diplomatic presence. possession of the United States. rorism and their efforts to develop Yet another resolution adopted in (17) UNITED STATES PERSON.—The term weapons of mass destruction. November 1993, UNSCR 883, imposed ‘‘United States person’’ means— Iran looms as the principal long-term additional sanctions on Libya, includ- (A) a natural person who is a citizen of the threat to United States interests in the ing a freeze on limited assets and an oil United States or who owes permanent alle- Persian Gulf and the Middle East. It giance to the United States; and technology ban. To date, none of these (B) a corporation or other legal entity continues its terrorist and subversive efforts have produced these two in- which is organized under the laws of the activities against its neighbors in the dicted officials for trial either in the United States, any State or territory there- Gulf states and around the world, as far U.S. or the U.K. of, or the District of Columbia, if natural away as Argentina. Over the past year, I have consistently argued for and persons described in subparagraph (A) own, Iran has actively supported efforts to urged the administration to increase directly or indirectly, more than 50 percent destabilize Bahrain, promoting the the pressure to comply with all exist- of the outstanding capital stock or other Gulf Cooperation Council to issue a ing U.N. resolutions and should adopt beneficial interest in such legal entity. public statement admonishing Iran to policies that can begin to implement The SPEAKER pro tempore (Mr. put a halt to its subversive policies in some of the campaign promises that STEARNS). Pursuant to the rule, the the region. Governor Bill Clinton made in Septem- gentleman from New York [Mr. GIL- Its leaders openly advocate the de- ber 1992 to the family of one of the Pan MAN] and the gentleman from Indiana struction of the state of Israel and its Am 103 victims to broaden oil sanc- [Mr. HAMILTON] each will control 20 support for terrorist groups in Lebanon tions on Libya. minutes. have led to renewed rounds of violence Adoption of the provisions in this bill The Chair recognizes the gentleman in that country and have set back the in regard to Libya will put teeth in from New York [Mr. GILMAN]. prospects for a peace accord in the these U.N. sanctions and give the (Mr. GILMAN asked and was given Middle East. President the authority he needs to permission to revise and extend his re- Iran, like Iraq, has launched a clan- begin imposing sanctions on companies marks.) destine program to build nuclear weap- making new investments in the oil and Mr. Speaker, I rise in support of H.R. ons and missile systems capable of de- gas sector in this terrorist country. 3107, the Iran and Libya Sanctions Act livering weapons of mass destruction By imposing a total embargo on Iran of 1996 which mandates sanctions on payloads to targets up to 1,000 kilo- in March of last year, the administra- persons making investments that meters from its borders, thereby tion took an important step in our ef- would enhance the ability of Iran to ex- threatening key allies in the region in- forts to isolate Iran. Together with the plore for, extract, refine, or transport cluding Jordan, Israel, and Turkey. Junior Senator from New York, Mr. In his testimony before the House by pipeline petroleum resources. D’AMATO, I have been pressing the ad- International Relations Committee on It would also establish a mandatory ministration to take additional steps November 9, 1995, Peter Tarnoff, Under sanctions regime on foreign persons to reduce Iran’s funding sources for its Secretary of State for political Affairs, who violate United Nations Security worldwide subversive activities and for noted that any foreign investment to Council Resolutions 748 and 883 by sell- its programs supporting weapons of help increase offshore oil and gas pro- ing weapons, aviation equipment, and mass destruction. duction would inevitably lead to in- oil equipment to Libya, a country re- If we want our deeds to match our crease financial support by Iran for its sponsible for the cowardly and unfor- words in this effort, enactment of this weapons of mass destruction and ter- givable attack on Pan Am flight 103 in bill is the next and necessary step to December 1988. rorist activities. An April 1996 report on proliferation contain the terrorist activities of both I take great pleasure in bringing be- issued by the Office of the Secretary of Iran and Libya. By asking foreign com- fore the House a bill that would put Defense came to the same conclusion panies to make a simple choice be- our country on the front lines of our in regard to Libya. It noted it particu- tween the American market and those fight to combat state-supported terror- lar, that and I quote: of Iran and Libya, this bill will help ism and that will help to induce our al- Libya probably dedicates several hundred the administration deliver an unmis- lies in Europe and Asia to join us in a million dollars annually to acquire nuclear, takable message to our European and multilateral sanctions regime against biological and chemical weapons and mis- Asian allies that the era of critical bi- Iran. siles made possible by its substantial income lateral dialog is over and the time for This multilateral sanctions regime from oil and gas exports. multilateral action has now begun. will allow the President to waive the In the most recent State Department The bipartisan bill before us today application of sanctions against the na- report on global terrorism, it was requires the President to impose sanc- tionals of a country that has put in noted that the end of 1995 marked the tions on companies making invest- place its own sanctions regime against 4th year of Libya’s refusal to comply ments of $40 million or more that Iran, but it will also require him to im- with the demands of U.N. Security would enhance the ability of Iran to de- pose an enhanced sanction—in the form Council Resolution 731. This measure velop its petroleum resources. of a reduction in the trigger level for was adopted following the indictments If he made such a determination, the investment in Iran from $40 to $20 mil- on November 1991 of two Libyan intel- President would have to pick two or lion—against the nationals of all other ligence agents for the bombing in 1988 more sanctions from a list of six sanc- countries. of Pan Am flight 103 which killed 189 tions including: A denial of Eximbank In short, the bill requires foreign Americans. assistance; a denial of specific licenses companies to choose between investing This resolution endorsed the de- for the export of controlled technology; in our market and those of Iran and mands of the United States, the United a suspension of imports under the pro- Libya. In the process, it gives the Kingdom, and France that Libya turn visions of the International Emergency President the policy tools he needs to over the two suspects for trial in the Economic Powers Act; a prohibition on begin fulfilling his pledges to increase United States or the United Kingdom, a sanctioned financial institution from diplomatic and economic pressure on pay compensation to the victims and serving as a primary dealer in U.S. the Iranian and Libyan Governments. fully cooperate in the investigations Government debt instruments; a prohi- As approved by the Ways and Means into the bombings of Pan Am 103 and bition on any U.S. financial institution Committee in close consultation with UTA flight 772. from making any loan to a sanctioned June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6473 person over $10 million a year; and a shared security interests. It is a con- States represents a market that is just ban on any U.S. Government procure- firmed sponsor of terrorism. It is try- too lucrative for other countries to ig- ment of any goods or services from a ing to develop weapons of mass de- nore when they want to trade with us. sanctioned person. struction. It seeks to undermine the That is why this bill makes so much The legislation allows the President Middle East peace process. It is pursu- sense, Mr. Speaker. to delay imposition of sanctions for 90 ing a military buildup that could en- It would impose a range of economic days to pursue consultations with the able it to threaten shipping traffic in sanctions against other countries that government of the sanctioned person to the Persian Gulf. Libya continues to irresponsibly abet the terrorist activi- end the sanctionable activities. An ad- harbor terrorists responsible for the ties of Iran and Libya by investing ditional 90 day delay is permitted if he death of more than 300 Americans and their oil sectors or supplying them determines that he is making progress others on Pan Am flight 103, and it is with oil-related goods or technologies. toward this goal. also developing weapons of mass de- When these countries face the pros- pect of losing part of our vast Amer- The President may also waive any of struction and threatening the security ican market, they will think twice these sanctions if he determines that of its neighbors. about their investments in these two doing so is in the national interest. The premise of this bill, which I be- outlaw nations, and that is what they This bill also includes a 5-year sunset lieve to be a correct one, is that the are. provision. best way to curb Iran and Libya’s dan- Mr. Speaker, the terrorist threat is Adoption of a companion Iran and gerous conduct is to limit the oil and real. It is growing. Stiff measures like Libya sanctions bill in the Senate on gas export earnings that help pay for this are called for. We all know that December 22, 1995, has already had a it. This has been a principal goal of Libya, under Colonel Qadhafi, and Iran, deterrent effect on potential investors U.S. policy for several years. In our ef- under fundamentalist dictatorship, are and oil field suppliers to Iran and fort to squeeze the economies of Iran two of the world’s major sponsors of Libya. The enactment of this measure and Libya, the United States has cut terrorism. Their capabilities to con- today will ensure that we can maintain off all of its trade with both countries. duct acts of terror are increasing at an this deterrent on further investments But the impact of unilateral sanctions alarming rate. in these rogue regimes. is limited, so we also have urged Iran’s Let us take a look at Iran. As we Mr. Speaker, I would like to pay trib- and Libya’s main trading partners to speak, Iran is in a furious drive to ac- ute to the many members on the Inter- restrict or sever their economic ties. quire weapons of mass destruction national Relations Committee and the Despite our efforts and despite the aided and abetted by Communist Ways and Means Committee who egregious conduct of Iran and Libya, China, which by the way is another na- worked long and hard to make the leg- many of our friends have maintained tion we ought to be imposing sanctions islation possible. Subcommittee Chair- their ties with both countries. So the on instead of giving them carte blanche man DAN BURTON, Representative dilemma here for United States policy favored-nation treatment. We will deal PETER KING, the respective ranking is to find ways to increase the eco- with that a little bit later this month. members of the Asia and Pacific Sub- nomic isolation of Iran and Libya with- In the past few months alone, we committee and the International Eco- out, in the process, causing undue have seen reports that Communist nomic Policy and Trade Subcommit- harm to our own economy or to our re- China has been supplying Iran with tee, Representatives HOWARD BERMAN lations with our allies. cruise missiles, chemical weapons tech- and SAM GEJDENSON, as well as Chair- H.R. 3107 makes a very good start in nology and plutonium processing tech- man BILL ARCHER and Trade Sub- responding to that policy dilemma. The nology. Couple this with nuclear reac- committee Chairman PHIL CRANE. ultimate goal of this bill is not to pun- tor technology supplied by another I urge the adoption of H.R. 3107. ish foreign firms but to persuade other great country, Russia, and we can Mr. GILMAN. Mr. Speaker, I yield governments to adopt measures that clearly see what Iran is up to and what myself such time as I may consume. squeeze the economies of Iran and kind of threat we face. Mr. Speaker, I reserve the balance of Libya. Mr. Speaker, it is time to act now be- my time. We do not know whether we are fore it is too late. That is why Chair- Mr. HAMILTON. Mr. Speaker, I yield going to achieve that goal for some man GILMAN and Chairman ARCHER de- myself 3 minutes. time, but this bill does give to the serve our highest praise for working so Mr. Speaker, I want to begin by com- President of the United States the hard to bring this bill to the floor. mending the Members I think are most tools to enable him to have the flexi- Come over here and let us pass it. It is responsible for producing this com- bility in implementing U.S. sanctions. important. Mr. HAMILTON. Mr. Speaker, I yield promise bill. The gentleman from New For that and other reasons, I strongly 3 minutes to the distinguished gen- York, Chairman GILMAN, the gen- urge the approval of this bill. tleman from Connecticut [Mr. GEJDEN- tleman from Texas, Chairman ARCHER, Mr. Speaker, I reserve the balance of SON] who is an original sponsor of the and the gentleman from Iowa, Chair- my time. bill. man LEACH, all deserve credit for their Mr. GILMAN. Mr. Speaker, I yield 3 Mr. GEJDENSON. Mr. Speaker, Ira- willingness to look for creative solu- minutes to the gentleman from New nian profits are used to murder inno- tions to their differences. York [Mr. SOLOMON], distinguished cent civilians on the streets of Tel Aviv I also want to say a word of apprecia- chairman of our Committee on Rules. and Jerusalem and those who trade tion to the gentleman from Connecti- Mr. SOLOMON. Mr. Speaker, I thank with Iran, like those who traded with cut [Mr. GEJDENSON] and the gen- the gentleman, the chairman of the the Nazis, irrespective of their mur- tleman from California [Mr. BERMAN] Committee on International Relations, derous act, aid and abet them. and the other original cosponsors of for yielding time to me. The debate we have here today is the bill because of their willingness to I rise in very strong support of this what action we can take following sup- advance the bill and to support the measure which would tighten economic port of the chairman and the ranking agreement that has been reached sanctions against two deadly enemies member of the Committee on Inter- today. of the United States, the dictatorial national Relations and the President of Finally, may I say that the adminis- Governments of Iran and Libya. I com- the United States in trying to isolate tration, which supports this bill, also mend the distinguished chairman of Iran and reduce its ability to assist the deserves credit, I think, for helping the Committee on International Rela- murder of innocent civilians. Members understand the implications tions for his outstanding work in Unfortunately, most of our demo- of the bill for U.S. diplomacy and U.S. bringing this bill to the floor. This cratic allies in Europe and Japan are economic interests. measure uses our best weapon against not being helpful. They will pay a price There is very little disagreement be- these regimes and other countries as surely as the nations who ignored tween the United States and its allies which support them, the power of the terrorism in the early 1960’s and 1970’s about the challenges posed by the two American purse. With 260 million soon found that it existed not just iso- countries that are the focus of this bill. American people and the highest stand- lated in Israel and the Middle East but Iran poses a serious threat to several ard of living on Earth, the United across the globe. H6474 CONGRESSIONAL RECORD — HOUSE June 18, 1996 There is a clear and direct link be- leum development by the financial institu- members—against our policy toward tween Iran’s ability to profit from its tions in your country. The U.S. Congress will Iran and Libya. oil sales and assistance to terrorist be carefully monitoring foreign funding of If this becomes law, we should expect Hezbollah and other causes. When Sec- Iran’s oil development. Should foreign banks blocking statutes to prevent European choose to ignore the threat posed by Iran, I retary of State Christoper was in have no doubt that the U.S. Congress will re- companies from complying. Aside from Syria, it was reported that Iranian visit this issue and pass legislation that Europe, the Muslim countries of the planes with arms landed there to aid would impose sanctions on foreign institu- Middle East, South Asia, and the Hezbollah attacks on the Israelis and tions that finance petroleum development in Caucasus will not comply. the peace process. Iran. Look what is happening with Iran. Today it is Iranian rockets, grenades I look forward to working with you on this Pakistan now has an economic alliance and bombs. But what happens if Iran, issue of mutual concern. with Iran. Sincerely, months or years from now, when they Kazakhstan and Armenia have start- SAM GEJDENSON, have the ability to deliver nuclear or Ranking Member, Subcommittee on Inter- ed a new joint venture with Iran to de- chemical weapons. Today Iran threat- national Economic Policy and Trade. velop a huge oil field and build a pipe- ens women and children and men on Mr. GILMAN. Mr. Speaker, I yield 3 line. buses. An Iran which uses its profits to minutes to the distinguished gen- We have invested a lot to cultivate good relations with these former So- develop nuclear and chemical weapons tleman from Wisconsin [Mr. ROTH], will be an Iran that threatens the chairman of our Subcommittee on viet Republics. globe. International Economic Policy and Are we going to impose sanctions and Corporate profits must be put aside Trade. throw away all our work over the past here as the President has led us and in Mr. ROTH. Mr. Speaker, I thank the 5 years? And if we do sanction these the so-called civilized world. gentleman, my chairman, for yielding countries, how will they respond? We must deny companies who profit time to me. This legislation is not isolating Iran from exports to Iran the opportunity to Mr. SPEAKER, first let me commend or Libya—it is isolating ourselves. No access our markets. We have begun the gentleman from New York [Mr. one should be surprised. After all, the that process with this legislation. I am GILMAN] and the gentleman from Texas Arab League boycott of Israel has been writing to the banks and economic en- [Mr. ARCHER] for their work on this a total failure. tities in the G–7 countries warning issue. We and the Europeans all prevented them that we will monitor their activ- No one can question their commit- our companies from complying. The ity. And if they fail to join us, we will ment to fighting terrorism. same thing will happen with this legis- take further actions. Moreover, there is no doubt that Iran lation. If the Baader Meinhof gang had terri- and Libya are rogue states. Finally, this bill is a mistake be- tory, would the German Government The leaders of these regimes have cause it provides the leaders of Iran have traded with them when they blew violated every standard of acceptable and Libya with a convenient excuse for up innocent German civilians? I think behavior. their own failures. Both regimes have not. The Iranians may have territory I share the goal of turning Iran and inflicted great suffering on their peo- and a government, but they should not Libya away from terrorism, away from ple. be allowed to continue to profit and making weapons of mass destruction The elites siphon off more and more murder innocent children. and away from brutality against their money to prop up their regimes. Some of my European and Japanese own people. But as the discontent rises among friends have been offended that I point But I believe this legislation is a step the Libyan and Iranian people, out their complicity. Well, if this of- backward not forward. Gaddhafi and the Ayatollahs will just fends them, it does not worry me in the In my judgment, this bill will not point to the United States and say: least. It offends me to see the arms and work, for three reasons. ‘‘See what the Americans are doing to legs and bodies of children and adults First, economic sanctions simply do you.’’ strewn on the streets of Israel. not work in today’s world when the Mr. Speaker, our goal should be to Mr. Speaker, I include for the United States acts alone. change Iran’s and Libya’s behavior. RECORD the following letter: Sanctions did not work against Viet- But whatever we do, it has to be ef- ONE HUNDRED FOURTH CONGRESS, nam. They have not worked against fective. We need our allies with us, not CONGRESS OF THE UNITED STATES, Cuba. And they have not worked against us. COMMITTEE ON INTERNATIONAL RE- against China. Iran has 65 million peo- There was a time when the United LATIONS, HOUSE OF REPRESENTA- ple and a $300 billion economy. States could sound the alarm and Eu- TIVES, Libya has 5 million people and a $33 rope would rally to our side. That day Washington, DC, June 18, 1996. billion economy. is over. Mr. JOCHEN SANIO, Neither country can be isolated, geo- Economic sanctions do not work Vice President, Federal Banking Supervisory graphically or economically. In both Office, Gardschutzenweg 71–101, D–12203 when they are unilateral. If we enact Berlin, Germany. countries, exports are growing. From this bill, we will take a step back- DEAR MR. SANIO: As you may be aware, 1988 to 1994, Iran’s exports grew nearly wards. many of my colleagues and I are concerned 50 percent, to $19 billion. Libya’s ex- Iran and Libya will still be rouge re- about the flow of foreign money into Iran’s ports grew nearly 10 percent, to $8 bil- gimes. And we will have jeopardized petroleum sector. The U.S. State Depart- lion. our relations with the very countries ment has found that Iran’s financial capabil- The reality is, none of Iran’s or whose support we need to eventually ity to build weapons of mass destruction and Libya’s major trading partners will go reach the goal of turning Iran and to support international terrorism depends along with our sanctions. Not Ger- on Iran’s ability to explore for, extract, re- Libya away from terrorism. This bill fine, or transport by pipeline its petroleum many, not France, not Italy, not Spain, will pass—but what will be the result? not Japan. resources. b 1730 In legislation now proceeding through Con- Without their cooperation, how will gress, the President will be required to im- our sanctions ever work? Mr. HAMILTON. Mr. Speaker, I yield pose sanctions on foreign companies that in- This brings me to the second flaw in 3 minutes to the distinguished gen- vest in Iran’s oil sector. To some extent, the this bill. tleman from California [Mr. BERMAN], legislation will stop short of imposing sanc- This legislation would impose a sec- also an original cosponsor of the bill. tions on foreign entities that finance such ondary boycott on our closest allies. Mr. BERMAN. Mr. Speaker, I thank investments. However, financing of these The sponsors argue that the bill will the ranking member of the committee projects remains a major concern. for yielding this time. I know that your government shares our force Europe to choose between trading concern over the threat posed by an Iran with us and trading with Iran and Mr. Speaker, I would like to focus my armed with nuclear weapons. I would hope Libya. This will never work. comments in addressing the remarks that your government would therefore take The only effect of this bill has been just made by my friend, the gentleman action to preclude the financing of petro- to unify the European Union—all 15 from Wisconsin. First of all, given his June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6475 comments, I am quite pleased that he Sanctions Act of 1996. This legislation forcement of sanctions against Libya was willing to support this bill when it is the result of much hard work and as approved by the United Nations. All moved through the Committee on compromise between the Committee on this bill does is to make it clear that International Relations, and I appre- International Relations and the Com- we are going to isolate those two coun- ciate that support. mittee on Ways and Means. I really tries. It preserves the leadership of the Second, Mr. Speaker, the bill does want to commend my colleagues for United States in making it clear to not affect exports to Iran. The bill af- bringing forward this very important countries that harbor terrorists that fects and imposes sanctions on compa- piece of legislation. we will not allow them to participate nies which invest in Iran, which meet The bill is necessary to erode Iran’s in the international marketplace and the threshold of investment in Iran, and Libya’s ability to finance inter- to secure international investments. and just in Iran’s energy sector. It is a national terrorism in chemical, bio- That is what this stands for. targeted bill focused on trying to logical, and nuclear weapons develop- We, before, provided the leadership to squeeze the source of financing for a ment programs. By targeting these the world in the actions that we did in totally accepted, universally acknowl- countries’ primary moneymaking in- the former Soviet Union. This is a bill edged practice that the Iranians have dustries, this legislation strikes at the that is worthy of the entire support of of exporting terrorism and financing heart of Iran’s and Libya’s efforts to this membership and I urge Members terrorism throughout the Middle East undermine the Middle East peach proc- to vote for it. and in other areas, as well to meet ess and to terrorize its peaceful neigh- Mr. GILMAN. Mr. Speaker, I am their own purposes. It seeks to squeeze bors. pleased to yield 2 minutes to the gen- the financing by blocking the invest- This bill sends a clear message to tleman from New Jersey [Mr. ZIMMER]. ments in Iran’s energy sector so they these countries that the United States Mr. ZIMMER. Mr. Speaker, I thank are hampered in what everybody ac- will not tolerate the flouting of inter- the gentleman for yielding time to me, knowledges is their concerted effort to national law and international norms and I thank the gentleman from New develop weapons of mass destruction. of behavior. At the same time, it shows York and the gentleman from Texas Iran is seeking a nuclear reactor. strong leadership to our allies and [Mr. ARCHER] for bringing this impor- They claim they are for peaceful pur- serves as an example to be followed. tant bill before us today. poses. This is the most oil-rich country I urge my colleagues to support this Mr. Speaker, I am a cosponsor of the Iran and Libya Oil Sanctions Act. I in the world. The notion that they need very important bill. a peaceful nuclear energy program for Mr. HAMILTON. Mr. Speaker, I yield strongly urge Congress to pass it, and energy sources is absurd on its face. No 2 minutes to the distinguished gen- the President to sign it into law swift- ly. Terrorism has emerged in the wake one but the most innocent and unso- tleman from Maryland [Mr. CARDIN]. phisticated observer can assume there (Mr. CARDIN asked and was given of the cold war as the leading threat to is any other purpose in their particular permission to revise and extend his re- democracy and world security. Inno- program. marks.) cent men, women, and children have I want to comment on the European Mr. CARDIN. Mr. Speaker, I thank been brutally murdered by vicious acts reaction, particularly the German and the distinguished ranking member of of violence of those who prefer destruc- Japanese reaction. They say our way is the Committee on International Rela- tion to peace. In many cases, this ter- better, our way is constructive dialog. tions for yielding me this time and for rorism has been sponsored not by pri- They have been engaged in this con- the work that he has done in this area. vate fringe groups but by national gov- structive dialog for years and years Mr. Speaker, I rise today to urge all ernments. I strongly believe the United and years, with nothing to show for it. my colleagues to support the Iran- States should be as bold in isolating The Iranian and Libyan effort to de- Libya Sanctions Act. This is a tough and weakening these governments as velop weapons of mass destruction con- bill. It is a bill that I think has been they are in the support that they lend tinues. The support for terrorism con- made smarter and tougher as a result to the destruction of innocents. We have the opportunity to address tinues. I suggest that these arguments of the negotiations that took place be- this international pathology in the about finding moderate, geopolitical tween the three committees that had considerations, are all smokescreens Iran and Libya Oil Sanctions Act, jurisdiction on the bill: the Committee which is aimed at two of the world’s for commercial interests which are on International Relations, the Com- governing that particular policy. leading sponsors of terrorism. The mittee on Banking and Financial Af- What happened to a western alliance State Department considers Iran the fairs, and the Committee on Ways and of free would countries that was com- No. 1 state sponsor of international mitted in the course of the cold war to Means. I am particularly pleased that terrorism, and reports that its terrorist dealing with totalitarian actions, im- we were able to strengthen the bill in a activities are increasing. It is the perialism, aggressive conduct, and very important area. That is for a mul- major financier of some of the most seeking to reduce and avoid the threat tinational approach to dealing with sinister terrorism groups in the world, of nuclear war? Has it been so blown this issue. including Hamas and the Islamic apart that countries that share our val- Mr. Speaker, we offer a carrot-stick Jihad. ues and claim to share our values turn approach to our allies to assume re- Libya is constructing the world’s their back, pursue policies that are sponsibility as to the terrorist activi- largest chemical weapons complex. just smokescreens for commercial in- ties that Iran and Libya are engaged That rogue nation harbors terrorists terests, and watch this happen? in, to enter into an international effort and refuses, to this day, to hand over This bill that the gentleman from to isolate these countries. Make no those suspected of instigating the ter- New York [Mr. GILMAN] and the gen- mistake about it, the investments that rorism bombing of Pan American tleman from Connecticut [Mr. GEJDEN- go into Iranian infrastructure for oil fi- Flight 103 over Lockerbie, Scotland, SON] are sponsoring, and I am a cospon- nance the money that are being used which took 270 innocent lives, includ- sor of, and has been supported in our for terrorist activities. The President, ing 189 Americans. My home State of committee, is one crucial step to make the Secretary of State, the director of New Jersey suffered more lost lives, 37, our sanctions meaningful. They are a the CIA, have all identified Iran as the than any other single State in that de- message to countries that we are allied world’s leading sponsor of inter- liberate act of horror. with normally, that they have to think national terrorism. This bill is directly Mr. Speaker, what Iran and Libya twice about what has come from con- aimed at dealing with that fact, it is have sponsored is murder. We should structive dialog. indisputable, to dry up the dollars sup- never accept the idea of aiding and Mr. GILMAN. Mr. Speaker, I am porting international terrorist activi- abetting, directly or indirectly, any na- pleased to yield 1 minute to the distin- ties. That is in the security interests of tion that knowingly and willfully spon- guished gentleman from Ohio [Mr. the United States. sors terrorism and threatens world BOEHNER], the chairman of our House The families of the victims of peace. Republican Conference. PanAmerican 103 keep us focused on Mr. HAMILTON. Mr. Speaker, I yield Mr. BOEHNER. Mr. Speaker, I rise the continued treachery of Libya. We 2 minutes to the distinguished gentle- today in strong support of the Iran Oil must continue to strengthen the en- woman from California [Ms. PELOSI]. H6476 CONGRESSIONAL RECORD — HOUSE June 18, 1996 Ms. PELOSI. Mr. Speaker, I thank projects which have been publicly ten- with a threat that is out there, not just the gentleman for yielding time to me, dered in the oil and gas sector in Iran.’’ to the United States but to the entire and I commend him and the gentleman Will this be a comprehensive list for world, a threat dealing with issues of from New York [Mr. GILMAN], as well purposes of the sanctions provisions of Iran’s terrorism in terms of their activ- as the leadership of the Committee on the bill? ism, in terms of the islands off Iran in Ways and Means and everyone else who Mr. GILMAN. Mr. Speaker, will the the Strait of Hormuz, including their had anything to do with bringing this gentleman yield? issues in terms of missiles, in terms of to the floor. I think it is a very impor- Mr. GEJDENSON. I yield to the gen- diesel submarines. tant piece of legislation. tleman from New York. We have the ability by this legisla- Mr. Speaker, we must have zero tol- Mr. GILMAN. No, Mr. Speaker the tion to weaken their potential to do erance for terrorism. I think this bill list may not necessarily be comprehen- that. That is exactly what we are try- sends a very strong message that we sive. In such a case, the investor could ing to do. It is very narrowly, specifi- are serious about that. I support the be subject to sanctions under the bill cally drawn in terms of attacking them bill, as I said, and I am particularly notwithstanding that the project did where it could hurt the most in terms pleased about the requirement in the not appear on the list published in the of their ability to increase their pro- bill called Presidential reports. It says: Federal Register. duction of oil and to gain revenues to The bill requires the President to report Mr. GEJDENSON. Second, if section do that. periodically to Congress on efforts to per- 5(f)(3) of the bill as amended exempts Iran stands out as really a rogue na- suade other countries to pressure Iran to from the bill’s requirement to impose tion today, committed to force terror- cease weapons of mass destruction programs, sanctions ‘‘products, technology, or ism throughout the entire planet, not support of international terrorism, and on services provided under contracts en- just in our hemisphere. I urge support attempts to urge Iran’s tered into before the date on which the of the amendment. and it goes on for some other consider- President publishes in the Federal Reg- Mr. GILMAN. Mr. Speaker, I yield 2 ation about diplomats. ister the name of the person on whom minutes to the gentleman from Califor- It also only grants the President a the sanctions are to be imposed,’’ does nia [Mr. BERMAN]. waiver if the President certifies to Con- this provision mean the sanctions can- (Mr. BERMAN asked and was given gress that Iran has ceased its efforts to not be imposed under section 5(a) or permission to revise and extend his re- develop and acquire a nuclear explosive 5(b) on a person for actions taken by marks.) device, chemical or biological weapons, that person prior to the publication of Mr. BERMAN. Mr. Speaker, I seek to or ballistic missiles or missile tech- that person’s name in the Federal Reg- have a colloquy with the chairman. nology, and has been removed from the ister? I have several technical questions countries determined under the Export Mr. GILMAN. No, that would be an about provisions in the amendment in Administration Act of having sup- illogical construction of the provisions. the nature of a substitute to H.R. 3107. ported international terrorism. Section 5(f)(3) is essentially a contract Mr. GILMAN. Mr. Speaker, will the I call this to the attention of our col- sanctity provision. gentleman yield? leagues, Mr. Speaker, because it seems Mr. GEJDENSON. Third, I was hop- Mr. BERMAN. I yield to the gen- to me this is a very important step to ing the chairman could explain how tleman from New York. take. This requirement on the Presi- section 5(d) of the bill as amended is Mr. GILMAN. Mr. Speaker, I will be dent is an important one. At the same intended to apply. Am I correct that pleased to respond to the questions of time, though, as we are putting out under section 5(d), if a parent company the distinguished ranking minority these requirements, indeed even the engages in investment activities that member of our Subcommittee on Asia same day, the Committee on Ways and cause the subsidiary to be subject to and the Pacific. Means is moving on China MFN. These sanctions, the parent itself will be sub- Mr. BERMAN. First, I note in section two issues are not connected, except in ject to sanctions? 6 of the amendment in the nature of a one way: China is one of the leading Mr. GILMAN. That is correct. substitute there are six possible sanc- suppliers of technology for nuclear, Mr. GEJDENSON. Am I also correct tions that could be imposed pursuant chemical, and missile weaponry, weap- that if the parent company supervises to section 5. Is it the case that the ons of mass destruction. and guarantees the subsidiary’s invest- President must, under section 5(a) for So if our purpose in this legislation is ment activities, the parent will be sub- example, select two of the sanctions to reduce terrorism, if our purpose in ject to sanctions? listed in section 6 to apply to a sanc- this legislation is to say that the Presi- Mr. GILMAN. That is correct. tioned person, but after selecting them dent may only waive this bill when Mr. GEJDENSON. Am I further cor- the President may decide not to actu- Iran stops developing nuclear and rect that if the parent company has an ally apply them to the sanctioned per- chemical, biological, and the list goes equity share or profit-sharing relation- son? on, ballistic and other explosive de- ship to the investment, the parent Mr. GILMAN. No, that is not the in- vices, then why do we not get to the company also will be subject to sanc- tent of section 6. The sanctions identi- source and take action against those tions? fied in section 6 are intended to be countries, China being leading among Mr. GILMAN. That is correct. mandatory when selected pursuant to them, that are supplying Iran with Mr. GEJDENSON. Finally, I would either section 5(a) or 5(b)(1). that technology? The sanctions should like to draw the gentleman’s attention Mr. BERMAN. I thank the chairman. be at the source as well as with Iran, to the concern I expressed in my state- Second, it is suggested that the who deserves them. ment about the prospect that foreign President may have flexibility under banks may finance oil development in sections 5 and 6 to impose sanctions on b 1745 Iran. I would ask the gentleman, does a person that, because of the nature of Mr. GILMAN. Mr. Speaker, I yield 2 he share my concern? that person’s business, are meaningless minutes to the gentleman from Con- Mr. GILMAN. I certainly do. The fi- to that person as a practical matter. necticut [Mr. GEJDENSON], the senior nancing of oil development in Iran Would such action by the President be member of our Committee on Inter- poses virtually the same threat as in- consistent with the intent of sections 5 national Relations. vestments in those same projects. and 6? Mr. GEJDENSON. Mr. Speaker, I Mr. HAMILTON. Mr. Speaker, I yield Mr. GILMAN. No, the imposition of would like to engage the chairman in a 1 minute to the distinguished gen- meaningless sanctions would be incon- colloquy, if I may. I have several tech- tleman from Florida [Mr. DEUTSCH]. sistent with our intent. nical questions about H.R. 3107, as Mr. DEUTSCH. Mr. Speaker, this is a Mr. BERMAN. Finally, I note that amended. bill that unfortunately we might look the definition of ‘‘investment’’ set First, section 5(e) of the bill as back in 5 to 10 years and say this is one forth in section 14(9) states, ‘‘The term amended states, ‘‘The President shall of the most important pieces of legisla- ‘investment’ does not include the entry cause to be published in the Federal tion that this Congress will pass in this into, performance, or financing of a Register a list of all significant session of Congress. It really is dealing contract to sell or purchase goods, June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6477 services, or technology.’’ What is the for Iranians locked in the prison of We are calling on other nations now purpose of this exception? their own country who want someone to curtail any efforts to refinance Mr. GILMAN. This language in the to stand up not only to international Iran’s mounting bilateral debts and to definition of ‘‘investment’’ is intended terrorism but domestic abuse as well, end their supply of arms and tech- to underscore that, particularly with and to those poor families left wonder- nology to Iran and to Libya. We respect to Iran, the amendment in the ing why there is an option in standing strongly urge Russia to stop work on nature of a substitute does not contain up to Qadhafi. its contract to finish Iran’s nuclear re- a trade trigger for the imposition of Mr. HAMILTON. Mr. Speaker, I yield actor in Iran. sanctions. 1 minute to the distinguished gentle- Enactment of this bill is a vital ele- Mr. BERMAN. I thank the chairman. woman from Connecticut [Ms. ment in the administration’s policy of Mr. HAMILTON. Mr. Speaker, I yield DELAURO]. containment of Iran and of Libya and I 3 minutes to the distinguished gen- Ms. DELAURO. Mr. Speaker, the Iran urge its immediate adoption. tleman from New Jersey [Mr. Oil Sanctions Act strikes at the heart Mr. FAZIO of California. Mr. Speaker, I rise TORRICELLI]. of international terrorism. in strong support of the legislation before us Mr. TORRICELLI. I thank the gen- For too long, terrorists have men- today. The Iran Oil Sanctions Act of 1996 will tleman for yielding time. aced innocent people around the world impose sanctions on persons exporting certain Mr. Speaker, I too, want to congratu- with their cowardly attacks. Sadly, we goods or technology that would enhance the late the gentleman from New York have seen the tragic effects of these at- ability of Iran or Libya to explore for, extract, [Mr. GILMAN], the gentleman from Indi- tacks many times this year. Hamas or refine their petroleum resources. ana [Mr. HAMILTON] and the work of bombings claimed nearly 60 lives in Is- This bill will help to deter these rogue states our committee in bringing this sanc- rael while recent rocket launches by from supporting international terrorism or ac- tions legislation before the House Hezbollah threatened the lives of those quiring weapons of mass destruction which today. But I would be less than honest in northern Israel. would lead to greater regional instability. if I did not also express some profound Talking reason will not get us very I believe that this bill is a critically important disappointment. far with fanatics who are willing to kill element in our policy of cutting off the sources If this legislation today had come be- men, women, and children whose only of funding to the Iranian and Libyan regimes fore the House in an amendable fash- fault was to be in a marketplace, on a who are responsible for much of the state- ion, I would have been offering an bus, or on an airplane at the wrong sponsored terrorism which continues to plague amendment to provide that the sanc- time. We need to cut the supply line the region. tions against Iran would remain in that allows terrorist groups to con- Since the 1979 seizure of the American Em- place not simply until it ceases terror- tinue their disgraceful campaigns. We bassy in Tehran, economic sanctions have ism against the world but until it re- need to cut the flow of funds to these formed a key part of our Nation's policy to- spects the rights of its own people. In criminals. ward Iran. Various actions taken by our Gov- enacting sanctions against Iraq, Viet- Iran and Libya stand out as major ernment have disqualified Iran from receiving nam and Cuba, this body respected the sponsors of terrorism around the world. United States foreign aid, sales of items on rights of the people in those countries This bill strikes at these backers of the United States munitions lists, Eximbank and insisted upon strong sanctions devastation and will limit their ability credits, and United States support for foreign until the war against them, their polit- to underwrite acts of terror as they loans. In addition, strict licensing requirements ical rights, their freedom and their have done for far too long. are needed for any United States exports of safety was respected. Somehow with I urge my colleagues to take this controlled goods or technology. regard to the Iranian people, despite stand against those who bankroll cruel This legislation adds to these restrictions by the deaths of the Baha’is, Christians, terrorist violence. exploiting Iran's economic vulnerabilities, par- Jews, a Moslem majority, we take no Mr. HAMILTON. Mr. Speaker, I have ticularly its shortages in hard currency. By such action. Because this bill comes be- no further requests for time, and I pressuring the Iran Government in this fash- fore us on the suspension calendar, yield back the balance of my time. ion, we will force it to change its behavior. that amendment is not possible and in- Mr. GILMAN. Mr. Speaker, I yield Iran threatens our national interests. It open- deed it is on the suspension calendar so myself such time as I may consume. ly sponsors groups bent on regional and glob- such amendments are not possible. (Mr. GILMAN asked and was given al acts of terror and it is actively pursuing It will be difficult to explain to Ira- permission to revise and extend his re- weapons of mass destruction. As Under Sec- nian-Americans and indeed one day to marks.) retary of State Peter Tarnoff said before the the people of Iran when they ask, ‘‘You Mr. GILMAN. Mr. Speaker, in the House International Relations Committee last took sanctions to defend yourselves, most recent State Department report fall, ``a straight line links Iran's oil income and why did you not take them to respect on international terrorism, Iran was its ability to sponsor terrorism *** .'' us? ’’ again deemed the most dangerous state This bill serves that link. I urge all of my col- Second, Mr. Speaker, I also express sponsor of terrorism. leagues to support H.R. 3107. profound disappointment because this On May 21, in a speech before a sym- Mr. ARCHER. Mr. Speaker, as many of my is not the same legislation that left the posium of a prominent Middle East colleagues know, I was not a proponent of Committee on International Relations. think tank, the Washington Institute H.R. 3107 as introduced. I want to thank Mr. We had sanctions against Libya but for Near East Policy, our Secretary of GILMAN, Mr. LEACH, Mr. CLINGER, and the re- they were mandatory. Until Colonel State, Mr. Christopher, said Iran was spective committees involved for their efforts Qadhafi handed over to international guiding, as well as funding and train- to work out the agreed substitute amendment, justice those who were responsible for ing, radical groups opposed to the which was approved by the Committee on Pan Am 103, there were going to be Arab-Israeli peace process. Ways and Means on June 13. These changes, sanctions, no ands, ifs, or buts. But be- Earlier this month, Bahrain pre- which are incorporated in the bill before us tween the cup and the lip, they became sented hard evidence that Iran was in- today, make it possible for me to support the optional. A sigh of relief in Tripoli, volved in attempts to destabilize that Iran and Libya Sanctions Act of 1996. and, frankly, Mr. Speaker, a difficult country, an important U.S. ally in the While we can differ on approach, Americans explanation in my State to the 37 fami- gulf. Several of those captured by Bah- are united in their perception that Iran is using lies who thought we were going to have raini authorities admitted to have been economic benefits, gained through foreign in- mandatory sanctions and now are left trained in Iran and by Iranian agents vestment in its oilfields, to support expanded at home wondering why. in Lebanon. terrorist attacks and the accumulation of Mr. Speaker, I have participated in We have learned just last week that weapons of mass destruction. many proud and principled moments on Iran is using its virtual takeover of the Likewise, Libya refuses to relinquish the two this floor when this Congress has taken Abu Musa island in the Persian Gulf to individuals accused of bombing the Pan Am strong positions. I am glad today that improve port facilities on that island 103 flight over Scotland to face criminal we, if we alone in the world, stand up and Iran could use that expanded port charges, and fails to respect norms governing to Iran and Libya in their injustice. facility to handle the fast patrol boats weapons of mass destruction. Americans re- But frankly we could have done more, it has recently received from China. main fundamentally dismayed that, as our H6478 CONGRESSIONAL RECORD — HOUSE June 18, 1996 firms pull back from investment and trade with to United States violations of trade agree- ments. As in the case with the extraterritorial these countries, our trading partners and allies ments and away from the targets of our con- Helms-Burton law which penalizes firms out- are not restrained in their pursuit of lost United demnationÐIran and Libya. I strongly urge the side the jurisdiction of the United States for States contracts. President to implement H.R. 3107 in a manner trading with Cuba, foreign governments will The bill reported from the Ways and Means that respects our international trade obliga- not permit their firms to comply with such leg- Committee reaffirms my goal that our trading tions. To the nations of Europe, Japan, Aus- islation. As we seek to contain and punish ter- partners join with the United States in a multi- tralia, and others I renew a pledge to work to- rorists and those states that sponsor them, we laterally agreed regime to stem Iran's ability to gether to establish a multilateral solution that do not want to drive a costly wedge between export international terrorism to the rest of the isolates these two outlaw nations. the United States and its allies whose support world. Too many innocent individuals have Let's join forces and accomplish the job. we are seeking. suffered at the hands of Iran's Government for Working together involves each country taking While I will be supporting H.R. 3107, I am business as usual to persist. In this bill, we substantial measures that achieve resultsÐ doing so because it provides the administra- make clear that our allies cannot continue to mere words will no longer suffice. tion adequate discretion in executing the provi- look the other way. Mrs. JOHNSON of Connecticut. Mr. Speak- sions of this bill. Moreover, in doing so, it is However, this legislation puts a priority on er, I rise today to express my concern with the my hope that the administration will effectively supporting the achievement of a multilateral precedent that could be set by provisions of implement multilateral sanctions against Iran agreement to isolate Iran economically. H.R. 3107, legislation originating in the Inter- and Libya. In order to keep the focus on achieving national Relations Committee, and referred to Mr. GILMAN. Mr. Speaker, I yield change in Iran, the substitute contains provi- the Ways and Means Committee on which I back the balance of my time. sions providing discretion for the President. serve. The SPEAKER pro tempore (Mr. Thus, we ensure that he is in the best position No one argues that the goal of bringing the STEARNS). The question is on the mo- to be persuasive with our trading partners, and Pan Am 103 bombers to justice, nor with con- tion offered by the gentleman from to respond to violations judiciously. Where the taining international terrorism and the prolifera- New York [Mr. GILMAN] that the House President determines a country has taken sub- tion of weapons of mass destruction. We must suspend the rules and pass the bill, stantial measures to join with us to contain the find ways to increase United States and inter- H.R. 3107, as amended. threat of Iran to international peace and secu- national pressure on these rogue nations and The question was taken. rity, section 4 of the bill permits a waiver of the threat they pose to U.S. interests. How- Mr. GILMAN. Mr. Speaker, on that I the application of sanctions. ever, I do have concerns with H.R. 3107's pro- While the investment trigger for Iran remains demand the yeas and nays. visions that may rely on unilateral actions rath- mandatory in the new bill, the substitute in- The yeas and nays were ordered. er than multilateral cooperation. creases the number of choices available to the The SPEAKER pro tempore. Pursu- The concept of a secondary boycott was op- ant to clause 5 of rule I and the Chair’s President on the menu of sanctions he has to posed by the United States when the Arab choose from. prior announcement, further proceed- League used it against Israel in the 1970's In this and all other cases the President has ings on this motion will be postponed. and 1980's, and remains contrary to the prin- authority to waive sanctions if their application f would hurt the national interest. The waiver ciples endorsed by this very body when it ap- authority is intended to be broad enough to proved NAFTA and GATT. Indeed, U.S. law, ANNOUNCEMENT BY THE SPEAKER accommodate instances when invoking sanc- most recently enacted in the Export Adminis- PRO TEMPORE tions would be violative to international trade tration Act, has long prohibited any U.S. per- The SPEAKER pro tempore. Pursu- obligations. son from ``complying with or supporting'' a for- ant to clause 5(b) of rule I, the Chair I want to emphasize that the bill as reported eign boycott against another country. redesignates the time for resumption of The use of trade sanctions to accomplish from the Committee on Ways and Means further proceedings on the motions to trade law compliance is vital and appropriate treats the cases of Iran and Libya differently, suspend the rules and pass H.R. 3005 but the use of trade sanctions as a foreign because of their unique economic histories and H.R. 3107 as Wednesday, June 19, policy tool to coerce other sovereign nations to and geopolitical circumstances. While a man- 1996. do our bidding breaches America's commit- datory trade trigger is viewed by the Commit- f tee on Ways and Means as unworkable for ment to preserving independence from inter- Iran, and therefore not included in the sub- national control. It is fundamental to U.S. par- b 1800 stitute, such a mechanism has been included ticipation in trade agreements that other gov- as a tool for Libya. The difference is that a ernments should not be permitted to dictate CHURCH ARSON PREVENTION ACT multilateral regime is already in place for business relationships among U.S. firms and OF 1996 Libya. citizens, as H.R. 3107 could do for our trading The SPEAKER pro tempore (Mr. Subsection 5(c) also provides the President partners. STEARNS). The pending business is the with the discretion to impose sanctions in con- Mr. Speaker, as the world's greatest ex- question of suspending the rules and nection with new, large investments in Libya's porter, the United States benefits tremen- passing the bill, H.R. 3525, as amended. petroleum sector, if he believes it would ad- dously from free and open trade with our al- The Clerk read the title of the bill. vance U.S. interests to do so. lies. Given our past commitment to an inter- The SPEAKER pro tempore. The I hope our allies can appreciate the deep national trading regimen, the United States question is on the motion offered by and urgent commitment in Congress for in- should not expose United States exporters the gentleman from Illinois [Mr. HYDE] creasing pressure on Iran and Libya to end and investors to possible retaliation through that the House suspend the rules and their lawless behavior. While the approach of abrogation of international rules, or exacerbate pass the bill, H.R. 3525, as amended, on H.R. 3107 carries with it the risk of exposing the dispute with our allies over policies toward which the yeas and nays are ordered. U.S. exporters and investors to possible retal- Iran and Libya. If it becomes possible for The vote was taken by electronic de- iation, this threat has been minimized in the countries to dictate each other's policy under vice, and there were—ayes 422, noes 0, substitute. With the addition of solid contract threat of trade sanctions, U.S. participation in not voting 12, as follows: sanctity language, and strict limitations on vi- these important organizations could be threat- [Roll No. 248] carious liability for companies with parents or ened. YEAS—422 subsidiaries located abroad, the bill should not Put at risk by unilateral U.S. action are the benefits to the U.S. economy created by Abercrombie Barrett (NE) Bishop engender the same serious criticism. Ackerman Barrett (WI) Bliley Finally, the 5-year sunset provision in the strong protection of intellectual property rights, Allard Bartlett Blumenauer bill ensures that this type of legislation does the guarantee of competitive bidding opportu- Andrews Barton Blute not remain on the books indefinitely. The com- nities under the Government Procurement Archer Bass Boehlert Armey Bateman Boehner mittee report indicates that because this is Code and dramatic tariff reductions for U.S. Bachus Becerra Bonilla such a difficult policy area, it will be important exportsÐall of which were improved and ex- Baesler Beilenson Bonior for Congress to revisit these issues in 5 years panded by NAFTA and GATT. Baker (CA) Bentsen Bono in order to evaluate the behavior of Iran and Instead, I would urge that we work to avoid Baker (LA) Bereuter Borski Baldacci Berman Boucher Libya, and whether this bill has been effective. the painful consequences of trade retaliation Ballenger Bevill Brewster To summarize, Mr. Speaker, my greatest and continue pressing for additional multilat- Barcia Bilbray Browder fear has been that world attention would shift eral action and enforcement of existing agree- Barr Bilirakis Brown (CA) June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6479 Brown (FL) Furse Longley Sanford Stark Visclosky PERMISSION TO FILE AND PRINT Brown (OH) Ganske Lowey Sawyer Stearns Volkmer Brownback Gejdenson Lucas Saxton Stenholm Vucanovich SUPPLEMENTAL REPORT ON Bryant (TN) Gekas Luther Scarborough Stockman Walker HOUSE REPORT 104–193 ON H.R. Bryant (TX) Gephardt Maloney Schaefer Stokes Walsh 1858 DEPOSITORY INSTITUTIONS Bunn Geren Manton Schiff Studds Wamp PAPERWORK REDUCTION ACT Bunning Gibbons Manzullo Schroeder Stump Ward Burr Gilchrest Markey Schumer Stupak Watt (NC) Mr. LEACH. Mr. Speaker, by direc- Burton Gillmor Martinez Scott Talent Watts (OK) tion of the Committee on Banking and Buyer Gilman Martini Seastrand Tanner Waxman Financial Services and pursuant to Callahan Gonzalez Mascara Sensenbrenner Tate Weldon (FL) Calvert Goodlatte Matsui Serrano Tauzin Weldon (PA) clause 2 of rule XIII, I ask unanimous Camp Goodling McCarthy Shadegg Taylor (MS) Weller consent to file a supplemental report Campbell Gordon McCollum Shaw Taylor (NC) White to House Report 104–193, which accom- Canady Goss McCrery Shays Tejeda Whitfield Cardin Graham McDermott Shuster Thomas Wicker panies H.R. 1858, and that such supple- Castle Green (TX) McHale Sisisky Thompson Williams mental report be printed. Chabot Greene (UT) McHugh Skaggs Thornberry Wilson The SPEAKER pro tempore. Is there Chambliss Greenwood McInnis Skeen Thornton Wise objection to the request of the gen- Skelton Thurman Wolf Chapman Gunderson McIntosh tleman from Iowa? Chenoweth Gutierrez McKeon Slaughter Tiahrt Woolsey Christensen Gutknecht McKinney Smith (MI) Torkildsen Wynn There was no objection. Chrysler Hall (OH) McNulty Smith (NJ) Torres Yates f Clay Hall (TX) Meehan Smith (TX) Torricelli Young (AK) Clayton Hamilton Meek Smith (WA) Towns Young (FL) REPORT ON RESOLUTION PROVID- Clement Hancock Menendez Solomon Traficant Zeliff ING FOR CONSIDERATION OF Souder Upton Zimmer Clinger Hansen Metcalf H.R. 3662, DEPARTMENT OF THE Clyburn Harman Meyers Spence Velazquez Coble Hastert Mica Spratt Vento INTERIOR AND RELATED AGEN- Coburn Hastings (FL) Millender- CIES APPROPRIATIONS ACT, 1997 NOT VOTING—12 Coleman Hastings (WA) McDonald Ms. PRYCE, from the Committee on Collins (GA) Hayes Miller (CA) Collins (MI) Ford Myers Collins (IL) Hayworth Miller (FL) Ehrlich Gallegly Peterson (FL) Rules, submitted a privileged report Combest Hefley Minge Emerson Lincoln Ramstad (Rept. No. 104–627) on the Resolution Condit Hefner Mink Flake McDade Waters (H. Res. 455) providing for consider- Conyers Heineman Moakley Cooley Herger Molinari ation of the bill (H.R. 3662) making ap- Costello Hilleary Mollohan b 1820 propriations for the Department of the Cox Hilliard Montgomery Interior and related agencies for the Coyne Hinchey Moorhead So (two-thirds having voted in favor fiscal year ending September 30, 1997, Cramer Hobson Moran thereof) the rules were suspended and and for other purposes, which was re- Crane Hoekstra Morella the bill, as amended, was passed. Crapo Hoke Murtha ferred to the House Calendar and or- Cremeans Holden Myrick The result of the vote was announced dered to be printed. Nadler Cubin Horn as above recorded. f Cummings Hostettler Neal Cunningham Houghton Nethercutt A motion to reconsider was laid on REMOVAL OF NAME OF MEMBER Danner Hoyer Neumann the table. Davis Hunter Ney AS COSPONSOR OF HOUSE JOINT de la Garza Hutchinson Norwood RESOLUTION 182 Deal Hyde Nussle f DeFazio Inglis Oberstar Mr. ROHRABACHER. Mr. Speaker, I DeLauro Istook Obey ask unanimous consent to remove the DeLay Jackson (IL) Olver PERSONAL EXPLANATION name of the gentleman from California Dellums Jackson-Lee Ortiz [Mr. FAZIO] from the list of cosponsors Deutsch (TX) Orton Ms. WATERS. Mr. Speaker, I was absent Diaz-Balart Jacobs Owens during votes on Tuesday, June 18, 1996, as I of House Joint Resolution 182. Dickey Jefferson Oxley was attending my grandson's high school The SPEAKER pro tempore. Is there Dicks Johnson (CT) Packard objection to the request of the gen- Dingell Johnson (SD) Pallone graduation ceremony. Had I been present I would have voted ``yes'' on H.R. 3525, the tleman from California? Dixon Johnson, E. B. Parker There was no objection. Doggett Johnson, Sam Pastor Church Arson Prevention Act. Dooley Johnston Paxon f Doolittle Jones Payne (NJ) Dornan Kanjorski Payne (VA) f REMOVAL OF NAME OF MEMBER Doyle Kaptur Pelosi AS COSPONSOR OF H.R. 1972 Dreier Kasich Peterson (MN) Duncan Kelly Petri PERMISSION FOR COMMITTEE ON Mr. CHRISTENSEN. Mr. Speaker, I Dunn Kennedy (MA) Pickett APPROPRIATIONS TO FILE PRIV- ask unanimous consent that the name Durbin Kennedy (RI) Pombo ILEGED REPORT ON DEPART- of the gentleman from Pennsylvania Edwards Kennelly Pomeroy Ehlers Kildee Porter MENT OF VETERANS AFFAIRS [Mr. MCDADE] be removed as a cospon- Engel Kim Portman AND HOUSING AND URBAN DE- sor of H.R. 1972. English King Poshard VELOPMENT APPROPRIATIONS The SPEAKER pro tempore. Is there Ensign Kingston Pryce BILL, 1997 objection to the request of the gen- Eshoo Kleczka Quillen tleman from Nebraska? Evans Klink Quinn Mr. LEWIS of California. Mr. Speak- Everett Klug Radanovich There was no objection. Ewing Knollenberg Rahall er, I ask unanimous consent that the f Farr Kolbe Rangel Committee on Appropriations may Fattah LaFalce Reed have until midnight Tuesday, June 18, REMOVAL OF NAME OF MEMBER Fawell LaHood Regula AS COSPONSOR OF H.R. 94 Fazio Lantos Richardson 1996, to file a privileged report on a bill Fields (LA) Largent Riggs making appropriations for the Depart- Mr. CHRISTENSEN. Mr. Speaker, I Fields (TX) Latham Rivers ment of Veterans Affairs and Housing ask that my name be removed as a co- Filner LaTourette Roberts and Urban Development for the fiscal Flanagan Laughlin Roemer sponsor of H.R. 94. Foglietta Lazio Rogers year ending September 30, 1997, and for The SPEAKER pro tempore. Is there Foley Leach Rohrabacher other purposes. objection to the request of the gen- Forbes Levin Ros-Lehtinen tleman from Nebraska? Fowler Lewis (CA) Rose The SPEAKER pro tempore. Is there Fox Lewis (GA) Roth objection to the request of the gen- There was no objection. Frank (MA) Lewis (KY) Roukema tleman from California? f Franks (CT) Lightfoot Roybal-Allard Franks (NJ) Linder Royce There was no objection. HOUSTON JOURNALISM LOSES ONE Frelinghuysen Lipinski Rush The SPEAKER pro tempore. Pursu- OF ITS FINEST Frisa Livingston Sabo Frost LoBiondo Salmon ant to clause 8 of rule XXI, all points of (Mr. FIELDS of Texas asked and was Funderburk Lofgren Sanders order are reserved on the bill. given permission to address the House H6480 CONGRESSIONAL RECORD — HOUSE June 18, 1996 for 1 minute and to revise and extend join the gentleman from Texas to manded, like cutting Government his remarks.) honor Steve Gauvain and to acknowl- waste and curbing rising health care Mr. FIELDS of Texas. Mr. Speaker, it edge as well my great respect for his costs are so difficult to achieve. is with a great deal of sadness that I journalistic ability, but also his com- Under our grossly deficient campaign wish to bring to the attention of my mitment to the Houston community. finance system, well-heeled lobbyists colleagues the untimely passing last We recognize that when Steve Gauvain and PACs have greater influence over evening of Stephen Gauvain, a con- did a story, it was out of Compassion, Washington’s business than the folks stituent of mine who, for the past 14 knowledge, a sense of respect for the back home. A perfect example is the 2- years, has kept Houstonians informed individuals that he queried, and, of year debate about how to balance the of important events in our local com- course, a love for our community. budget. Congress could have passed a munity and around the globe. It is with great sadness that I join credible plan to balance the budget last Steve, a journalist with KTRK–TV in my colleague from Texas, and applaud year in the absence of special interests. Houston, was killed in a tragic traffic him for coming to the floor, and to add Year after year, programs that have accident just minutes after giving a my sympathies to Stephen’s wife and long outlived their usefulness are pre- live television report from Huntsville, children and, of course, his Channel 13 served in the budget. Everything from where he was covering a high-profile family. I hope that all of us will give to tax loopholes for energy and marketing murder case. them our prayers and remember him subsidies are taboo when it comes to Steve’s passing is, of course, a tre- for his service to our community. cutting Government spending, while mendous loss for his family—his wife, Mr. FIELDS of Texas. Mr. Speaker, I education, employment and training Jan, and his three sons: Stephen, Jr.; know the gentlewoman would agree programs for the working poor are on Taggart; and Dustin. To them, to with me because she has been inter- the chopping block. Steve’s extended family, and to his co- viewed many times by Stephen, how Even if we do get a balanced budget workers at KTRK–TV, Houston’s ABC professional he was, how well prepared. this year, Mr. Speaker, odds are that affiliate, I extend my deepest and most The gentlewoman mentioned the word that balanced budget will contain cost- sincere sympathy. ‘‘compassion.’’ Certainly that fit him ly tax breaks that benefit special inter- Steve’s untimely death was a loss for perfectly. I thought he was one of the ests and disproportionate cuts to the everyone in the Houston metropolitan finest reporters whom I ever had the lower and middle class. Congress comes area who had come to depend on his pleasure to work with. up against the special interest money journalistic skill and his dedication to Ms. JACKSON-LEE of Texas. If the barrier every time we try to take on getting the story. Since 1984, Steve had gentleman will yield further, I cer- the tobacco industry as well. Public de- served as KTRK–TV’s space reporter. It tainly agree. I thank the gentleman. cisions and public policies are often ab- was a high compliment to Steve that Let me also say he had a love for NASA stract, but this one could not be clear- he was selected to cover space for the and the Johnson Space Center, and I er. No. 1 television station in Houston— appreciate all of his leadership on that Every day 3,000 young people are en- home of the Johnson Space Center and issue. I thank the gentleman for his ticed into forming a deadly habit be- a city known widely as Space City. leadership on the floor. fore they are old enough to truly make As channel 13’s space reporter, Steve f impartial decisions about their health. covered more than 60 space shuttle Yet even when the issue is clear-cut, missions, including the last, ill-fated b 1830 Congress has been unable to pass legis- flight of the Challenger. Following that lation or even try to eliminate or regu- disaster, Steve also kept Houstonians SPECIAL ORDERS late teenagers’ access to tobacco prod- informed of the investigation into the The SPEAKER pro tempore (Mr. ucts. cause of the accident, and he prepared STEARNS). Under the Speaker’s an- an extraordinary series of reports on nounced policy of May 12, 1995, and Last year, Common Cause released a NASA’s slow and painful program to under a previous order of the House, report that illustrated the enormous recover from the Challenger disaster. the following Members will be recog- amount of money the tobacco industry In 1988, Steve won the Aviation/Space nized for 5 minutes each. pours into political campaigns to stop antitobacco legislation from passing. Writers Association’s award for the f best locally produced television series According to the report, tobacco giants The SPEAKER pro tempore. Under a like Philip Morris, R.J. Reynolds, U.S. for his reports on NASA’s road to re- previous order of the House, the gen- covery. That same series also won Tobacco and the Tobacco Institute tleman from Illinois [Mr. MANZULLO] is have donated millions of dollars to Steve a second-place award for inves- recognized for 5 minutes. tigative reporting from the Houston Members of Congress over the past 10 Press Club. [Mr. MANZULLO addressed the years. Without question, this report Steve’s interest in aviation and space House. His remarks will appear here- documents the way money in the form exploration was well known. Through- after in the Extensions of Remarks.] of campaign contributions influence out his distinguished career, Steve cov- f decisions that are made in Washington. ered numerous aviation stories and During the last Congress, I joined MORE OFTEN THAN NOT, SPECIAL flew with the U.S. Air Force Thunder- with a group of like-minded freshman INTERESTS, NOT PUBLIC INTER- birds last year. In addition, Steve was Democrats to pass campaign finance ESTS, DRIVE THE LEGISLATIVE a quarter-finalist in NASA’s ‘‘Journal- and lobby reform legislation. It is no AGENDA IN WASHINGTON ist in Space’’ program. secret now that our efforts failed large- Mr. Speaker, I know that you join The SPEAKER pro tempore. Under a ly due to the efforts of special inter- with me in extending our deep sym- previous order of the House, the gen- ests. Both bills failed to pass, and pathy to Jan Gauvain and her three tleman from Massachusetts [Mr. many of my dedicated freshman col- sons, to Steve’s extended family, to MEEHAN] is recognized for 5 minuites. leagues lost in their bids for reelection Steve’s coworkers at KTRK–TV, and to Mr. MEEHAN. Mr. Speaker, when I as a result. I learned then that passing Steve’s journalistic colleagues in Hous- came to the Congress 3 years ago, I real congressional reform means forg- ton. His passing is a loss to all of us brought a list of priorities: Balancing ing new alliances across party and ide- who knew him, who worked with him, the budget, cleaning up the environ- ological lines to fight the embraced es- and who appreciated his dedication and ment, and promoting economic devel- tablishment and the entrenched estab- professionalism. We will miss him. opment and small business opportuni- lishment in Washington. That is how Ms. JACKSON-LEE of Texas. Mr. ties. But after working on Capitol Hill we passed lobby reform and the gift Speaker, will the gentleman yield? for just a few months, I learned that ban legislation last year, and that is Mr. FIELDS of Texas. I yield to the more often than not, special interests, the only way Congress can reform its gentlewoman from Texas. not public interests, drive the legisla- corrupting campaign finance system. Ms. JACKSON-LEE of Texas. Mr. tive agenda in Washington. That is This week the Senate will start de- Speaker, I am very much pleased to why so much of the changes voters de- bating the first bipartisan bicameral June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6481 campaign finance reform in over a dec- VACATION OF SPECIAL ORDER where there is risk, you cannot cal- ade. S. 1219, the McCain-Feingold regu- AND GRANTING OF SPECIAL culate the cost or be guaranteed deliv- lation, has the support of a coalition of ORDER ery from pain or loss. Bosnia is a land 30 grass-roots organizations and edi- Mr. FARR of California. Mr. Speaker, of grief and turmoil and none of us are torial board from all across America. I ask unanimous consent to claim the immune from it.’’ Those were the Last year LINDA SMITH, CHRIS SHAYS, time of the gentlewoman from Ohio. words of his father upon learning of his and I introduced the House version of The SPEAKER pro tempore. Is there son’s death. this campaign finance reform bill. H.R. objection to the request of the gen- Adam was working for the Commerce 2566, the Bipartisan Clean Congress tleman from California? Department when I arrived. He served Act, was the result of months and There was no objection. on the staff of the press office for sev- months of negotiations between groups eral months before becoming a per- of Democrats and Republicans. Both f sonal assistant to the Deputy Sec- bills are a remarkable example of what TRIBUTE TO ADAM DARLING retary for 2 years. Adam was also in- can happen when Members put aside strumental in bringing state-of-the-art their partisan differences and sit down The SPEAKER pro tempore. Under a science to the central coast and to the to the same table to try to make Con- previous order of the House, the gen- country. Just 1 year ago he helped or- gress more accountable. tleman from California [Mr. FARR] is ganize the first-ever link between the H.R. 2566 eliminates PACs, caps lob- recognized for 5 minutes. classrooms across America and marine byist donations, requires 60 percent of Mr. FARR of California. Mr. Speaker, biologists working in the Monterey campaign contributions to originate in tonight I rise on the third anniversary Bay. a candidate’s home State. It eliminates of the day on which I took the oath of Ron Brown had asked Adam to han- loopholes and large political party con- office 3 years ago in this Chamber to dle press relations and advance plan- tributions and sets voluntary spending replace then-Congressman Leon Pa- ning for the economic development limits, offering candidates discounted netta, who had gone to work in the mission in Bosnia. According to broadcast time and large mailings if White House as head of OMB. Adam’s family, Adam saw it as an op- they sign a pledge not to spend any Standing in the well before me, I portunity to make a significant con- more than $600,000. thanked the California State legisla- tribution to the peace effort where it If enacted, the Bipartisan Clean Con- ture, which I had left the night before, was severely needed. gress Act will halt special interest in- for the good work they were doing in Rather than working hard to gain fluence in Washington and really clear guiding the State of California. At the personal attention, Adam worked hard the way for the truly representative same time I paid tribute to my mother, for the sheer pleasure of doing well and democracy which our forefathers envi- who had died of cancer while I was in the satisfaction of knowing he had sioned 200 years ago. the Peace Corps; and to my sister, who helped make someone else’s life a little Now, it is difficult to change a sys- was killed while visiting me in the more livable. tem that is so favorable to incumbents, Peace Corps. Adam saw life as an opportunity to given the fact incumbents have access In the gallery at the time was my fa- serve the world, telling his family at to PAC and lobbyist contributions. ther, Fred Farr, and my sister, the age of 5 that he would be President They help us win reelection in the Con- Francesca Farr. Also in the gallery of the United States someday; a young gress over 90 percent of the time. In- from my district was Rev. Darrell Dar- boy made his commitment to bettering cumbents receive 70 percent of their ling and his son Adam Darling, who the country at any cost. During the few PAC contributions in each cycle. Sev- grew up in Santa Cruz, part of the dis- years that he was afforded, Adam enty percent of all PAC contributions trict I now represent. worked with the dedication and com- go to incumbents. Compare that with Tonight, on the third anniversary, I mitment of a President and accom- less than 12 percent for challengers; want to pay tribute to that beautiful plished more for the good of human- less than 12 percent. young man, Adam Darling, who lost his kind during his lifetime than many Mr. Speaker, the time for campaign life in the plane crash with Secretary even attempt in 100 years. finance reform is now. We have to act Ron Brown in Bosnia. The loss of Adam Darling and 34 oth- in this Congress while we have a Presi- Adam Darling died doing precisely ers in Bosnia will be sorely felt by all dent willing to sign this bill. Let us what he wanted: serving his country and will remain in our hearts as a me- give President Clinton this bipartisan while working to make the world a bet- morial to all who pay the highest cost bill and pass it into law. ter place. He was an eternal optimist. possible in order to keep the world by f Adam had once offered to ride his bike serving their country. I want to thank REMOVAL OF NAME OF MEMBER across this country from his home the Darlings for being here on this day AS COSPONSOR OF H.R. 2618 State of California to Washington, DC of my anniversary of being sworn into for then-Governor Bill Clinton because Ms. SLAUGHTER. Mr. Speaker, I ask Congress, and I want to pay tribute to he felt that he could make a difference unanimous consent that my name be Adam Darling who was here to greet in the 1992 presidential race just by removed as a cosponsor of H.R. 2618. me when I first arrived, and wish that riding a bicycle across the Nation. The SPEAKER pro tempore. Is there he was still here today. After the election he ended up in Wash- objection to the request of the gentle- Mr. Speaker, thank you for allowing ington working for the Commerce De- woman from New York? me this time to pay tribute to this There was no objection. partment. great young American. When I arrived to be sworn into Con- f f gress, Adam was there to meet me. He The SPEAKER pro tempore. Under a brought his father, Rev. Darrell Dar- WHITEWATER previous order of the House, the gen- ling, with him from Santa Cruz all the The SPEAKER pro tempore. Under a tleman from California [Mr. DORNAN] is way here to Washington, DC. Accord- previous order of the House, the gen- recognized for 5 minutes. ing to his father, Adam Darling was a tleman from Indiana [Mr. BURTON] is [Mr. DORNAN addressed the House. leader among his peers, his friends, his recognized for 5 minutes. His remarks will appear hereafter in family and in his work. His leadership Mr. BURTON of Indiana. Mr. Speak- the Extensions of Remarks.] grew from a keen and uncluttered er, I was kind of distressed today when f mind, a character free of shame, given I turned on the television set and saw The SPEAKER pro tempore. Under a or received, and thoroughly generous the report that came out from the Sen- previous order of the House, the gen- in spirit. ate Banking Committee on tleman from Illinois [Mr. HASTERT] is He was very realistic about both pub- Whitewater. I was not upset about the recognized for 5 minutes. lic policy and public service and the report; I was upset about how it was [Mr. HASTERT addressed the House. limitations and temptations of both. presented by the media and that it was His remarks will appear hereafter in Adam’s realism never was cynical. pooh-poohed as though it was nothing the Extensions of Remarks.] ‘‘When you decide to make a difference significant. H6482 CONGRESSIONAL RECORD — HOUSE June 18, 1996 The fact of the matter is it is very, licans, and they were sought without and it would limit the length of time very significant and there were some justification. The Secret Service has that insurers could refuse to cover a very real possibilities of violations of said there was no way that they could preexisting medical problem. law and obstruction of justice. For in- have accidentally provided the White Essentially what this legislation does stance, Hillary Rodham Clinton, the House with this out-of-date list. Usu- in its original form is to simply make President’s wife, said she did not know ally, almost always, when the White it easier for people to get health insur- anything about or have copies of the House asks for evidence or an FBI ance because we know that fewer and billing records from the Rose Law Firm background check on somebody, it is fewer people, fewer and fewer Ameri- that dealt with Castle Grande in the prospective, to find out if there is any- cans today have health insurance as Whitewater episode. thing wrong with that person before compared to, say, 5 or 10 years ago. But I should point out, Mr. Speaker, that b 1845 they hire them and bring them into the Government. These were people who this legislation was originally crafted Yet 2 years after they were subpoe- had already been investigated and they to keep premiums affordable because it naed by the independent counsel, 2 went back and got 408 files of Repub- would not impact the insurance risk years after they were requested by the licans, and we believe it was because pool by encouraging healthy individ- Congress of the United States, they they wanted to find some dirt on them uals to drop coverage. were found in her living quarters in the that they could use in later political It had bipartisan support in both the library right next to her bedroom. Not campaigns for political purposes. Senate and the House of Representa- only that, her fingerprints and the fin- The files of two of the Travel Office tives in its original form, and the gerprints of Vince Foster were all over employees, Billy Dale and Barnaby President indicated that he would sup- the documents. For her to say that she Brasseux, were requested with the ex- port it or sign the bill in his State of did not know that those documents planation that they were seeking ac- the Union Address. However, from the were there, did not have any idea or cess to the White House. This was sev- very beginning the Republican leader- recollect where they were and they eral months after they had been fired ship in the House insisted on messing were next to her bedroom for 2 years from the White House. Apparently the up this very simple legislation with and many believe were taken out of White House was not content with controversial poison pill amendments. Vince Foster’s office right after his launching an unjustified FBI investiga- I mention this today because this death is just hard to believe. tion of these two men. They apparently morning during special orders the The billing records contradict her decided to dig up a little dirt on them Speaker, Speaker GINGRICH, got up and previous sworn statements that she did themselves. talked about how good this legislation very little work on the Castle Grande The FBI Director appointed by Bill was. But He refused or he did not men- real estate project which helped bring Clinton, Louis Freeh had this to say tion, I should say, one of the provisions about the downfall of Madison Guar- about the incident in his report to the that he and others in the Republican anty Savings and Loan and the convic- public. This is an appointee by the leadership insist on including. That is tion of Jim Guy Tucker of Arkansas. President himself. He called the White the poison pill of the medical savings The records document that Mrs. Clin- House actions ‘‘egregious violations of accounts, or MSAs, which will favor ton had 14 meetings or discussions con- privacy.’’ the healthy and the wealthy and will cerning Castle Grande and drafted an He went on to say, ‘‘The prior system be just another tax shelter for the rich. important legal document. She said she of providing files to the White House I say this because Americans who do had nothing to do with it. That is just relied on good faith and honor. Unfor- not choose to join the MSAs because of one thing. tunately, the FBI and I were victim- the high risks involved will see their Second, during the last week of May, ized.’’ health insurance premiums actually the House was scheduled to vote to That is really a criticism, a severe increase, and the MSAs among other hold White House counsel Jack Quinn criticism, of the White House and their extraneous provisions that have been in contempt of Congress for refusing to policies. placed in the Kennedy-Kassebaum bill turn over thousands of pages of docu- Once again, Craig Livingstone is at here in the House will guarantee the ments concerning another matter the center of a White House dirty failure of any health insurance reform called Travelgate. At the last moment tricks operation. He will be called be- in the Congress. he turned over 1,000 pages of docu- fore our committee to testify before I just wanted to read, if I could, a ments. However, the White House has too long. As you will recall, earlier in section from the Washington Post edi- refused to turn over 2,000 pages of docu- 1993, he was seen by a Secret Service torial on April 9, 1996, where they ex- ments that are more sensitive and have agent leaving the White House coun- plained in some detail why MSAs to do with this scandal. The White sel’s suite with a box of documents would essentially drive up insurance House is claiming executive privilege from the deceased assistant to the costs and ultimately cause fewer peo- so it can keep these documents secret; President, Vince Foster. However, it ple to have insurance, just the opposite they must contain some very damaging does not stop there. of what the Kennedy-Kassebaum bill is information. Craig Livingstone is 37 years old. He intended to do. It says in this editorial These documents include 600 pages is a midlevel White House aide. He that the goal of the underlying bill is relating to Vince Foster, whose body would not be gathering these political to strengthen the health insurance sys- was mysteriously found over at Fort intelligence reports from the FBI with- tem by making it easier for people who Marcy Park. They include a 54-page out authorization from somebody up can afford it to remain insured between analysis of custody and disclosure of above. We need to find out who that jobs. Foster’s travel office file, a 22-page was and whether there was obstruction Mainly it would help the part of the chronological analysis of the handling of justice or a violation of the law. population that already has insurance of Foster’s documents, and 33 pages of f rather than one-seventh that largely handwritten notes that were in his for reasons of cost does not. But the briefcase that nobody even knew about HEALTH CARE LEGISLATION likely effect of medical savings ac- until just now. His briefcase was empty The SPEAKER pro tempore (Mr. counts would be to push in the opposite when they found it, and they started STEARNS). Under a previous order of direction, weaken the insurance sys- talking about it. They found two little the House, the gentleman from New tem and in the end add to the number pieces of paper that was allegedly a Jersey [Mr. PALLONE] is recognized for of uninsured. suicide note, but nobody has ever men- 5 minutes. If the medical savings proposal be- tioned these 33 pages of documents Mr. PALLONE. Mr. Speaker, I sup- comes law, those who chose would buy that they are trying to keep the Con- port the health care reform legislation so-called catastrophic insurance poli- gress from seeing. that is known as the Kennedy-Kasse- cies that kick in only after the first Then we have now the confidential baum bill because it would make it $3,000 or so of annual expenses. FBI files. The White House asked for easier for workers who lose or change The savings accounts would also like- and received files on 408 people, Repub- jobs to buy health insurance coverage, ly split the insurance market. They June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6483 represent a gamble. People who would Republicans control of Congress for the to the fundraisers. You see, the lobby- most likely take the gamble would be first time in 42 years. If we were elect- ists come there to lobby us because we the healthier and better off. To some ed, we Republicans, we would be dif- are in session most every night, and degree, they would be choosing to with- ferent. Just trust us. I found out that they have access to a lot of Members. draw from the broader insurance pool most of my colleagues, who were new Then you go to someone’s fundraiser, to fend for themselves. Left in the pool especially, were running against the so they go to your fundraiser. The lob- would be the more vulnerable, who corruption. byists come, and on the bill they send would likely see their insurance costs They said that things have happened them is $500 to $1,000. They do not have go up; the increase would make insur- over the years that we do not agree to come. But if you were called by a ance even harder to maintain than with. Congressman or Congresswoman and now. Many of the quotes that we heard you happened to need to go before their In a sense this is the very opposite of that day were resounding. I heard a committee and you did not bring the the insurance principle. It is being man that I have learned to trust, $500 or $1,000, would you not think pushed by companies that want to sell learned to admire, one of the leaders of maybe your opponent would be there? catastrophic coverage, plus people our party say, as I cheered, because I It is not even subtle pressure anymore, drawn to the individual responsibility agreed with him, if you will give us folks. It is the pressure that I would that the idea entails, but for the popu- control, we will wrestle or wrest con- have thought that we would take off. lation as a whole, it would do more trol back for the people and take it out I am called the Democrats who harm than good. The President has of the hands of special interests. I and played games with this and the Repub- rightly suggested that he would be dis- my colleagues stood and cheered. We licans who tend to be looking like they posed to veto a bill that included these looked out. We promised America. might be playing games with this to a accounts. Today I call on my colleagues to vote on a bipartisan bill. There are two Well, the bottom line, Mr. Speaker, is keep our word. The theme was prom- of them. There is a Senate one, 1219, that the Republican health plan with ises made, promises kept. You would and a House one. Stop playing games. these MSAs would raise premiums for not know what we meant except that Vote, do not just talk. average Americans and make insurance we said we would clean it up. I believed f less affordable. Hence fewer people those promises, and I say today the b 1900 would be able to get insurance under American people need to hold us to this bill. It is nothing more than a pay- those promises. NBA CHAMPION CHICAGO BULLS back to the Golden Rule Insurance Co. I arrived to Washington, DC, to The SPEAKER pro tempore (Mr. Golden Rule has made big contribu- training, but the first night I arrived STEARNS). Under a previous order of tions to the Republicans and will reap to dozens of the first and second and the House, the gentlewoman from Illi- big profits if the MSA proposal be- third night fundraisers. I said, well, nois [Mrs. COLLINS] is recognized for 5 comes law. Of the $1.2 million contribu- this is interesting, did not think much minutes. tion that has been given to the Repub- about it, but found out that each Mem- Mrs. COLLINS of Illinois. Mr. Speak- licans by the Golden Rule president, J. ber of Congress was to give four to er, I rise today to pay tribute to the Patrick Rooney and his family, even eight. I have got the written instruc- Chicago Bulls who on Sunday night at more has been given to other GOP can- tions still on my desk, that we were to the United Center in the Seventh Con- didates and causes. What causes. focus on the people that came before What I am trying to say, Mr. Speak- gressional District captured their our committees. They brought in peo- fourth NBA championship in an 87 to 75 er, is essentially that Speaker GING- ple to train us. If you went to the right victory over the Seattle Supersonics. RICH got on the floor this morning and fundraiser training, they taught us how talked about what he is trying to do Many called it mission impossible. But we could get people to help us, to dial for health care reform. He neglects to the Bulls have won their fourth NBA for dollars, is that it is called. And that mention that essentially he is trying championship in an amazing display of is in writing, and to focus on those that to sabotage health insurance reform team play. came before us so they would under- with the MSA provisions. This GOP It has been a historical season for the stand how important it was that they provision provides no help for working Bulls, who finished the regular season came to our fundraiser. And we could families and just provides handouts for with a 72–10 record, 87–13 record for the get leadership people to put their name special interests. Essentially what we season, and a 15–3 record for the play- on our fundraiser. are seeing here is the Republican lead- offs. The Bulls had an average margin I looked at that and I thought, how ership jeopardizing health insurance of victory of 12.3 points, a feat only a does this fit in with cleaning up Con- reform by providing for rich man’s in- few teams in any sport have had in any gress? Then I found out the Democrats surance. one season. do it, too. And not only that, that the Chicago, the Seventh Congressional f challengers had come with some of the District and Chicago fans through the REFORM OF POLITICAL PROCESS new freshmen and they were doing it, Nation are fat with pride. Some are The SPEAKER pro tempore. Under a too, all on the same night. saying that the, ‘‘NBA Champion Chi- previous order of the House, the gentle- There are master schedules, you see, cago Bulls have established a new level woman from Washington [Mrs. SMITH] because there is only so much around of play, and it’s something all teams is recognized for 5 minutes. here. They have built buildings. As you will have to chase.’’ Mrs. SMITH of Washington. Mr. look out, some of the buildings are just I would also like to congratulate Phil Speaker, I stand here tonight recalling fundraising buildings. They have floors Jackson and his coaching team com- my first trip to Washington, DC, as where you dial for dollars, where there prised of Tex Winter, Jim Rodgers, Jim someone who had just been written in are funds, other floors where you have Cleamons, and John Paxson. for Congress. I did not run for Con- receptions and the Members set them- Mr. Speaker, I would also like to pay gress. I was written in. Within 3 weeks selves up on the schedule. tribute to one of the greatest basket- I found myself standing on the steps I looked at that and I realized that ball players of all times, Michael looking out at Washington, DC, think- clearly that would take a little bit of Jordon, who finished off this great sea- ing, oh God, why am I here? And I time. But the biggest thing I realized is son with a 96 triple crown of MVP know that any citizen would have felt I could not go back home and tell the award in the league finals. His great the same way; it was a Cinderella American people I did it. Each Member leadership, and unparalleled perform- story. I did not have to spend all the is allotted a time, four to eight sched- ance have garnered him the title of one time most people do. But as I listened uled events, on the calendar. You make of the greatest ballplayers of all time. to that speech, many speeches, I real- sure there are not too many because Dennis Rodman has also distinguished ized that we were making great prom- there are only so many places to have himself capturing his fifth rebounding ises to the American people. them. We make sure that we have title. And of course Scottie Pippen, and Those promises were for a new way if votes that day so we are sure to be here the entire club for an outstanding dis- the American people would give the so there are enough Members to come play of teamwork. H6484 CONGRESSIONAL RECORD — HOUSE June 18, 1996 Mr. Speaker, I ask you and my col- Miss Alexander defended the per- or some business who wants to put me leagues to join me in congratulating formance, stating in the Washington in their insurance pool because it one of the greatest teams in the annals Post, ‘‘not all art is for everybody.’’ drives those premiums sky high. Or if I of basketball, and of course one of the Many in Congress denounced this go out and get insurance on my own, it greatest players ever, Michael Jordon. performance as an obscenity. Miss Al- is 12 or $14,000 a year to cover people In the more than 100 game that they exander and the NEA responded by who are cancer survivors. played, the Bulls always delivered a awarding more of our hard-earned tax These are serious health care prob- championship performance. dollars to the Walker Art Center. lems. They face approximately 21 mil- And finally, I would like to congratu- Miss Alexander and the NEA have re- lion Americans in this Nation. Too late and thank the greatest fans in the peatedly thumbed their noses at Con- many families, working families, in my world for their undying support of the gress and the American public. district, the Third District in Connecti- Chicago Bulls. I call on President Clinton to find the cut, pay their bills, they work hard, The SPEAKER pro tempore. The moral courage within himself to pro- they play by the rules, and they do live Chair certainly appreciates the gentle- tect the children of America from in fear of losing their health insurance woman from Illinois for holding up the these obscenities, and to demand the if they change their jobs. Too many of shirt for display in her speech. immediate resignation of Jane Alexan- them cannot even get health care cov- f der. Mr. President, you cannot have it erage because of this preexisting medi- both ways. cal condition. This is not only bad SUPPORT THE ELIMINATION OF Middle America does not share the health care policy, it is wrong. NEA’S FUNDING NEA’s values. The American taxpayer We have an opportunity with the The SPEAKER pro tempore. Under a and the working families of the Third Kennedy-Kassebaum bill, a bipartisan previous order of the House, the gen- District of North Carolina do not want bill that addresses both of these issues. tleman from North Carolina [Mr. their money spent on so-called works As I said, this is a first step. It is not JONES] is recognized for 5 minutes. of art, like a crucifix in urine, or pho- all that we want to accomplish in Mr. JONES. Mr. Speaker, here we go tographs, which exploit our children. health care reform, but it is a way in again. Just as this Congress is set to This week, the House is scheduled to which we can modestly reform the debate the funding of the National En- debate funding for the National Endow- health insurance industry to meet the dowment for the Arts, NEA Chair- ment for the Arts. needs of working families. woman, Jane Alexander, has again It is time the Government got out of Sadly, under the banner of reform shown us that both she and the tax- the business of funding this so-called with this bipartisan bill, the congres- payer funded NEA, must go. art. sional majority and the Speaker of the Last Sunday, at the New York Les- I urge each of my colleagues to sup- House today took the floor to talk bian and Gay Video and Film Festival, port the elimination of the NEA’s Fed- about an opportunity for health care director Cheryl Dunye premiered her eral funding. The taxpayer cannot af- reform, but under this banner of reform film, ‘‘Watermelon Woman,’’ funded by ford it and our children do not deserve what we have seen the congressional the tax dollars of hardworking Ameri- it. majority and the Speaker of the House cans. f do is to twist this opportunity, and in In the words of the director herself, fact what would result would hurt con- this pornographic film depicts black INCLUSION OF REPUBLICAN MSA sumers, and it would, in fact, increase ‘‘lesbians experiencing their sexual de- PROPOSAL THWARTS EFFORTS the number of insured, the reason sire for each other.’’ This film was pro- TO MAKE HEALTH INSURANCE being the introduction of something duced from a $31,000 grant from the ACCESSIBLE AND AFFORDABLE called a medical savings account. NEA. The SPEAKER pro tempore. Under a Medical savings accounts are expen- I believe that in the opinion of most previous order of the House, the gentle- sive, they are destructive, and they are Americans, Watermelon Woman has woman from Connecticut [Ms. bad health care policy. They encourage absolutely no serious artistic, or politi- DELAURO] is recognized for 5 minutes. the healthiest and the wealthiest indi- cal value. Ms. DELAURO. Mr. Speaker, I am a viduals to opt out of the insurance NEA Chairwoman Alexander and the very strong supporter of health care re- pool. They allow individuals to create National Endowment for the Arts are form and of the Kennedy-Kassebaum private accounts to pay for their medi- attempting to pull the wool over the bipartisan legislation to afford us a cal expenses, and in exchange individ- eyes of taxpaying Americans by mar- first step in dealing with some very im- uals get a bare bones catastrophic in- keting this sexually explicit film as portant issues that face working fami- surance plan with extremely high black history. lies today on the issue of health care. deductibles. It is shortsighted. What it As Edmund Peterson, chairman of There is a serious problem that we do does by people opting out, the healthi- Project 21 and a leading black conserv- have today that working families face, est and the wealthiest opting out of the ative put it, in Friday’s Washington two particularly. traditional insurance pool, you leave Times, ‘‘There is no demand in the First, is the whole issue of health in- the most frail, the sickest people in black community for this movie; this surance portability, that when you that pool, thereby driving the pre- is a classic example, of the Clinton ad- leave one job and go to another, what miums up. ministration, being in bed with the happens to your health care? People Mr. Speaker, I will tell you in order gay-lesbian movement, and funding a find themselves in that position today for the insurance companies to take project through tax dollars, that can’t more and more without the oppor- care of these more sickly people, that get funded any other way.’’ tunity of having the kind of health cost goes up, and I am going to quote Mr. Speaker, this is not the first care coverage they need in switching you a group, The American Academy of time that Miss Alexander and the NEA jobs that is good for them or for their Actuaries, not a liberal group. These have demonstrated a desire to divert families. are the green eye shade people who our tax dollars to controversial works The second issue that is very critical look very carefully at the cost of insur- that demean the religious beliefs and and important is the limits on cov- ance. Their estimate is that the proc- moral values of mainstream Ameri- erage for individuals who have a pre- ess of skimming, getting the healthy cans. One should not forget the March existing condition where insurance out of this system, would result in a 1994 performance of Ron Athey, at the companies will deny the opportunity possible 61 percent increase in health Minneapolis Walker Art Center. for health insurance to somebody who care premiums for those who remain in This NEA-funded performance fea- has a preexisting condition. traditional plans. If rates rise, people tured Mr. Athey carving a design into Mr. Speaker, I have a preexisting will no longer be able to afford insur- the back of an assistant, mopping up condition; I am a cancer survivor. Ten ance, and you thereby increase the the blood with paper towels, and then years ago I was diagnosed with ovarian number of uninsured in this country, sending the paper towels on a line, out cancer. Fortunately, today I am cancer certainly not what we want to try to over the shocked audience. free. But there is not a small business do. June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6485 Let me mention another group to my other, 17-year-olds are dying of AIDS And that work begins with welfare. colleagues, the Consumers Union. and 18-year-olds are graduating with Let me state this clearly so there is no These are folks who produce Consumer diplomas they cannot read. If we are to confusion. We have spent over $5 tril- Reports; you know when you go to look restore the moral health of America, lion on welfare related programs, and at buying a car, an appliance, and you this behavior has got to stop, yet we have more poverty, more crime, take their word for what is happening, Second, it is the results, not the more drug addiction, more broken fam- you do a comparison look. This is what rhetoric, that counts. Anyone can ilies, and more immoral behavior. The they said on Wednesday June 12: No sound compassionate, but the truly Washington welfare system is broken. health care reform this year is better compassionate are those that go out The Washington welfare system does than a bill with the Republican MSA and find ways to make the lives of our not work. The Washington welfare sys- proposal attached. The inclusion, and I children more happy and healthy, and tem needs to be shut down. We need to quote, of the Republican MSA proposal Third, we must be willing to face our- start over. Period. in the Kassebaum-Kennedy bill makes selves in the mirror and be honest with Right now, there are alternatives to the legislation worse than a wash for the American people about the failure the Washington welfare bureaucracy consumers. It takes us backward in our of the Washington welfare system to that are less expensive and work better efforts to make health insurance acces- help those who need it most. It is our than the current system. Let me just sible and affordable. responsibility as elected officials to ac- mention two. MSA’s are a time bomb. They turn knowledge that Washington got it Why does Habitat for Humanity work the very principle of insurance on its wrong, so that next time we can get it so much better than HUD? Because head. Instead of pooling resources to right. Habitat for Humanity first requires re- take care of people when they get sick, We have created a welfare trap in cipients to learn the responsibility of MSA’s funnel money away from doc- this country that literally enslaves home ownership, then requires them to tors’ bills and into accounts that will generations of Americans on Govern- build a home for someone else, and help healthy people accumulate ment assistance. Our welfare system only then do they build their own wealth. has deprived hope, diminished oppor- home. What does HUD require? Abso- Please, understand that we have an tunity, and destroyed the lives of our lutely nothing. Do you see the dif- opportunity to do something good for precious children. ference? The private charity requires working families and health care, not Just look at our inner cities. You’ll something of the individual. The Wash- through what the Speaker of the House meet a generation fed on food stamps ington bureaucracy requires only wants to do with medical savings ac- but starved of nurturing and hope. something from the taxpayer. counts. You’ll see second graders who don’t Why does Earning for Learning work f know their ABC’s; fourth graders who so much better than the Washington cannot add or subtract. Department of Education? Earning for WHO REALLY SPEAKS FOR THE Yet every year Washington spends Learning pays young children in inner CHILDREN? more money on more programs to help cities to read books. The more books The SPEAKER pro tempore (Mr. FOX more people—expanding the welfare they read, the more money they make. of Pennsylvania). Under a previous trap from one community to another, They gain knowledge and learn about order of the House, the gentleman from from one family to another, from one positive incentives. Who does the Minnesota [Mr. GUTKNECHT] is recog- child to another from one generation Washington Department of Education nized for 5 minutes. to another. educate? Absolutely no one. Do you see Mr. GUTKNECHT. Mr. Speaker, when The Washington bureaucracy is well the difference? The Private charity talking about children, there is one intentioned, but what the Democrats produces results. The Washington bu- significant difference between Demo- don’t understand is that raising more reaucracy produces rules, regulations crats and Republicans. Democrats be- taxes to hire more bureaucrats to ex- and not much else. lieve it takes Washington programs pand a welfare system that doesn’t and Washington spending and Washing- work now will only make matters The current Washington-based wel- ton bureaucrats to raise a child. worse later. fare system demands no responsibility, Republicans disagree. After 30 years And welfare isn’t the only problem no work ethic, no learning, no commit- of excessive taxation, after 30 years of facing children. Among industrialized ment, and in the end, no pride. What a failed welfare system, after 30 years nations at the start of this decade, we we need is locally based solutions that of a rapidly failing public education had the most murders the worst involve local citizens working with system, after 30 years of a deteriorat- schools the most abortions the highest local children on a face-to-face, person- ing justice system, Republicans have a infant mortality the most illegitimacy to-person basis. different answer—in just three words— the most one-parent families the most Spending more on the current Wash- two responsible parents. That’s what it children in jail and the most children ington welfare system will not help takes to raise a child successfully on goverment aid. We were first only in children. It’s time we take away the today—two responsible parents. the number of lawyers and lawsuits. blindfold and accept reality. We have We should not be asking the question A Washington-based social policy to rebuild parents, families, and com- ‘‘what should government do for chil- does not help children. It destroys munities, but you cannot do it from dren.’’ Instead, our question should be them. It does not keep families to- high-rise office buildings in Washing- ‘‘What must we do to get parents to do gether. It tears them apart. Instead of ton. It has to be done at home, in more.’’ What children need is not more turning urban areas of America into school and on Sunday. Government spending but a mother and shining cities on a hill, it has made Changing the welfare system will a father who care about them. Ameri- them into war zones where no one help children. Encouraging families to cans have correctly lost patience with dares go out at night and often in the stay together will help children. Put- Washington, but they have not lost day as well. Instead of turning schools ting welfare recipients back to work their compassion for the children and into bastions of knowledge and learn- will help children. Restoring the work their commitment to the common ing it has served as an employment ethic will help children. Improving the good. agency for bureaucrats. quality of local education will help When talking about children, Repub- Washington politicians drag children children. Encouraging spirituality will licans begin with three principles: to Washington to hear a couple of help children. First, that the moral health of a na- speeches by Washington politicians and But even that is not enough. It’s time tion is no less important than its eco- Washington lobbyists. I want parents we tackle the problem of American cul- nomic or military strength. That fact to take their children to school on ture. We have grown to accept pros- is, you cannot have a healthy moral weekdays and to religious services on titution on our streets, crime in our environment to raise children in Amer- Sundays. neighborhoods, and garbage on tele- ica when 12-year-olds are having ba- Washington politicians talk the talk. vision and in movies. This compla- bies, 15-year-olds are killing each We need to do the work. cency has to stop. H6486 CONGRESSIONAL RECORD — HOUSE June 18, 1996 And so the question for America is It is clear that as the Beijing regime Mr. WAMP. Mr. Speaker, I am prob- whether we move into the future, or re- consolidates its power by increasing its ably a minority within this body, not main in the past. Do we demand more foreign reserves through trade and the just because I am a freshman, but be- from parents, or do we leave it to sale of weapons, China’s authoritarian cause I did not come to Washington Washington to solve all our ills? Do we rulers are tightening their grip on free- with wealth or money, to speak of. I return control of education to the local dom of speech, religion, press, and had a good job. I have a nice home. I community, or do we run education thought in China and Tibet. have a loving wife and two small chil- from a Federal department in Washing- Today we hear comparatively little dren. I have a lot to be grateful for. ton? Do we change the welfare system about those fighting for freedom in But I came here not to represent Wall and restore hope and optimism to the China not because they are all busy Street, but to work real hard for Main next generation, or do we continue to making money, but because they have Street. I came here to look after the accept the welfare world of depend- been exiled, imprisoned, or otherwise underdog, the little guy, the working ency, illegitimacy and despair? silenced by China’s Communist leaders. folks in this country that right now I And most importantly, do we make a According to the State Department’s think are having a hard time. real commitment to improve the lives report, ‘‘by year’s end almost all public I am not talking about people on of children across the country, or do we dissent against the central authorities minimum wage. That is 3 percent of use children as political pawns in the was silenced.’’ We cannot allow this to the work force. That is people at a upcoming election? continue. If they are not allowed to starting level, just coming into the work force. I am talking specifically f speak out for themselves, we must speak out on their behalf. We cannot about the other 97 percent of the work b 1915 forget the indomitable spirits of Wei force that are making more than mini- MFN AND HUMAN RIGHTS IN Jingsheng, Bao Tong, Chen Ziming, mum wage. They are also having a very difficult time today. CHINA Tong Yi, and the hundreds of thousands of others, known and unknown, who The gentlewoman from Washington The SPEAKER pro tempore (Mr. FOX suffer under China’s repressive regime. talked about the special interest of Pennsylvania). Under a previous Our great country is ignoring the groups, Mr. Speaker, the PAC money, order of the House, the gentlewoman plight of China’s pro-democracy activ- the influence these lobbyists actually from California [Ms. PELOSI] is recog- ists. In the process, we are not only un- have in Washington now. I am one of nized for 5 minutes. dermining freedom in China, but we are the very few Members of this body who Ms. PELOSI. Mr. Speaker, today the also losing our ability to speak out for do not take any of their money. I listen Subcommittee on International Oper- freedom and human rights throughout to the folks back in Polk County and ations and Human Rights of the Com- the world. Meigs County and small counties in mittee on International Relations, There is some reason for hope. I east Tennessee. They are the ones that under the leadership of the chairman, would like to bring to the attention of sent me here. They are the ones I take the gentleman from New Jersey, CHRIS- my colleagues here today an event held my campaign contributions from. They TOPHER SMITH, held a hearing on most- in San Francisco over the past week- are the ones I listen to. favored-nation status for China and end. Over 20 rock groups and other mu- I listen to small business people real human rights in China. The purpose of sical artists participated in a 2 day Ti- close to the ground, and I think they the hearing was to take a measure of betan Freedom concert to bring atten- are having a difficult time. They are whatever progress might have occurred tion to the plight of the people of overtaxed, they are overlitigated, they in China since our last review of most- Tibet. Organized by the Milarepa Fund are overregulated. I think of small favored-nation status. and the Beastie Boys, this concert was business people like my father, who in Today, many distinguished witnesses attended by over 100,000 young people the 1950’s paid less than 10 percent of testified to who will give you docu- who can take the message about Tibet every dollar he made to the Govern- mentation on the worsening state of to communities across this Nation. The ment, total: Federal Government, human rights in China and Tibet. I energy and enthusiasm of the concert State government, local government commend them for their ongoing ef- participants was inspiring and dem- combined, less than 10 cents of every forts to shine the public light on a ter- onstrates that the fight for basic dollar. Today that obligation in this rible situation, for their continuing human rights is being taken up by the country is about half of every dollar a fight to assist those who promote free- younger generation. The participants man or woman makes goes to the Gov- dom and basic human rights. Their ex- in the concert, like the pro-democracy ernment. It is climbing to where, when pertise and in some cases their willing- activists in China, are the future. Our my children are my age, it is going to ness to expose themselves, their cause will utlimately prevail, but we be more than 80 cents of every dollar. friends, and families to danger in order must keep up the fight. How much can we pay as a free nation to document the continuing egregious The past few months have seen China and a free people in taxes? violations of human rights in China act to intimidate the people of Taiwan We are overlitigated: too many law- and Tibet is inspiring and I look for- in their democratic elections, diminish suits in America. We need lawyers in America, but we do not need this many ward to their presentations. democratic freedoms in Hong Kong, lawsuits. We do not need so many law- It is important to note for the record crack down on freedom of religion by suits. We need tort reform, clean up that according to the State Depart- Christians in China and Buddhists in the legal system, make it quicker and ment’s own Annual Reports on Human Tibet, and smuggle AK–47s into the cleaner if you have a dispute. Frankly, Rights Practices for 1995, as well as United States via its state-run compa- we have too many lawyers in this body. Amnesty International, Human Rights nies. We have 148 lawyers in Congress. No Watch, the International Campaign for The MFN vote provides us with the wonder the laws that are passed here Tibet and other reputable independent only opportunity to demonstrate our help lawyers make money. We have too human rights organizations, repression concern about United States-China re- many lawyers in Congress. in China and Tibet continues. The lations and our determination to make trade fairer, the political climate freer We are overregulated. Frankly, a lot State Department’s own report docu- of our businesses are moving overseas ments the failure of constructive en- and the world safer. I urge our col- leagues not to turn their backs on because our regulations are extreme. gagement to improve human rights in Because of the new Congress, EPA and China, and notes that, these important principles. f OSHA are making some reforms and The experience of China in the past few going in the right direction. There has years demonstrates that while economic WE MUST REBUILD AMERICA, AND been a lot of screaming and yelling growth, trade, and social mobility create an PUT AMERICA FIRST improved standard of living, they cannot by since we got here, this new Congress, themselves bring about greater respect for The SPEAKER pro tempore. Under a but the fact is those agencies that have human rights in the absence of a willingness previous order of the House, the gen- been screaming and yelling are actu- by political authorities to abide by the fun- tleman from Tennessee [Mr. WAMP] is ally making the reforms that we have damental international norms. recognized for 5 minutes. advocated. June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6487

But the average person is losing tleman from Texas [Mr. FIELDS] is rec- White House aide that we obtained just ground. Economic insecurity I think is ognized for 5 minutes. recently this year, dated May 27, 1993. setting in. I think of single parents, [Mr. FIELDS of Texas addressed the This is the date of the document. single moms who are getting up in the House. His remarks will appear here- White House Management Review au- morning and getting their kids ready, after in the Extensions of Remarks.] thor Todd Stern wrote this. This is not sending them off to day care, sending f the Republicans, this is a White House them off to school and going to work, operative. He said: ‘‘Problem is that if humping it, working hard, trying to HOUSE URGED TO ISSUE CON- we do any kind of report and fail to ad- make ends meet, just to keep their TEMPT CITATIONS CONCERNING dress those questions, the press jumps head above water, not to get ahead, TRAVELGATE on you wanting to know answers; while just to get by. I think of parents like The SPEAKER pro tempore. Under a if you give answers that aren’t fully myself with small children who are previous order of the House, the gen- honest, e.g., nothing re: HRC’’—Hillary having a tough go of it, people in their tleman from Florida [Mr. MICA] is rec- Rodham Clinton, he uses the initials— thirties who are accumulating debt ognized for 5 minutes. ‘‘you risk hugely compounding the that frankly they do not know how Mr. MICA. Mr. Speaker, I come be- problem by getting caught in half- they are going to pay. I think of people fore the House today to again call on truths. You run the risk of turning this in their forties and fifties with strained the Speaker and House leadership to into a cover-up.’’ family budgets right now, having a dif- bring forward the contempt citation Now, I did not say this. Our commit- ficult time getting by. against Mr. Quinn, legal counsel to the tee did not say this. No Republican Our senior citizens are worried right President, and other White House offi- said this. This is a White House aide. now that politicians are not going to cials who have been involved in keep- We see why they have kept these doc- do the right thing to preserve and pro- ing documents relating to ‘‘Filegate’’ uments from us. The fact is that two- tect Medicare. They are worried up from the Congress and also from the thirds of the documents we sought, here that they are not going to keep it Special Counsel. were sought by a bipartisan subpoena, intact, and we are trying to do that, I serve on the committee charged have been withheld from the Congress and I think they are beginning to see with the jurisdiction of investigations by the White House. through the smoke and mirrors of the and oversight. It is the House Commit- The fact is, we now know why the people who are opposing the necessary tee on Government Reform and Over- White House has stonewalled the Con- changes to Medicare. sight. We have been investigating this gress. The fact is, the White House in I look around the world, Mr. Speaker, matter now for over 2 years. We have this case misused the IRS and the FBI, and I see nationalism growing in other requested files for over 2 years. The the chief law enforcement agency of countries. We see Israel. In elections pattern of evasiveness, the pattern of this Nation, in an incredible abuse of there, nationalism wins. We look at the deceit by the White House in keeping power. The fact is, and this will come Soviet Union, nationalism is on the these records both again from the Con- out, the civil rights, the privacy rights, rise. What about our country? Where is gress, the Special Counsel, and our the Hatch Act, all of these laws I be- our nationalism? Where is our sense of committee is abhorrent. lieve we will find have been violated. country, our patriotism today? Mr. Let me just cite from our report, the These are the rights and the privacy of Speaker, I am for free trade, but by contempt proceedings that were offered past and present Federal employees. George, we need fair trade, not just to the House, some of the facts relating One of the most egregious violations is free trade. We are losing our manufac- to this matter. This all deals with that they obtained the files of three of turing base in the United States of Travelgate which our subcommittee our staff directors of our Investiga- America, and we are not willing to stop was investigating. tions, and Oversight Committee, the and say that we need to renegotiate Weeks after the firings of 7 long-time one on which I serve. NAFTA. We need to stop. It is not White House Travel Office employees, The fact is that more than 2,000 pages working. It is costing us farming jobs, President William J. Clinton staved off of documents are still being kept from it is costing us manufacturing jobs in a congressional inquiry into the grow- the Congress, from the media, from the appliance manufacturing. Our textile ing controversy by committing to Special Counsel relating to this mat- industry is moving overseas. House Judiciary Committee Chairman ter. The gentlewoman talks about China. Jack Brooks on July 13, 1993, and this I call on the Speaker, I call on Chair- Most-favored-nation status should not is what the President said: ‘‘You can be man CLINGER, I call on the House lead- be given to China. They are actually assured that the Attorney General will ership to bring forward to the floor of taking our intellectual property. They have the administration’s full coopera- the House of Representatives this con- are pirating our goods. We have got to tion in investigating those matters tempt citation. We must vote on it, look at our country and look after which the Department wishes to re- and we must find Mr. Quinn and offi- what is best for America. I come from view.’’ cials at the White House in contempt the Teddy Roosevelt-Abraham Lincoln No mention then of executive privi- of Congress for their actions in this school of Republicanism, where we lege from the President on withholding matter. have to preserve American jobs first. If documents from the investigators. In this country is going to be the world fact this is quite unprecedented. Even f leader that it has to be as the only su- in Irangate, President Reagan offered The SPEAKER pro tempore. Under a perpower in the entire world, we have all materials to congressional inves- previous order of the House, the gen- tigators. This is almost unprecedented, to rebuild America and put America tleman from Michigan [Mr. SMITH] is first. and again an issue that does not deal recognized for 5 minutes. with foreign policy or national policy f but is an investigation of the conduct [Mr. SMITH of Michigan addressed b 1930 within the White House, that this in- the House. His remarks will appear formation is kept from us. hereafter in the Extensions of Re- The SPEAKER pro tempore (Mr. FOX marks.] of Pennsylvania). Under a previous This is what the President said in January 1996, this year. He stated, order of the House, the gentlewoman f ‘‘We’ve told everybody we’re in the co- from New York [Mrs. KELLY] is recog- The SPEAKER pro tempore. Under a nized for 5 minutes. operation business. That’s what we want to do. We want to get this over previous order of the House, the gen- [Mrs. KELLY addressed the House. with.’’ tleman from Florida [Mr. WELDON] is Her remarks will appear hereafter in Yet we still have not, as of this day, recognized for 5 minutes. the Extensions of Remarks.] gotten one-third of the documents re- [Mr. WELDON of Florida addressed f lating to this matter. Let me read real- the House. His remarks will appear The SPEAKER pro tempore. Under a ly the essence of what this is about, hereafter in the Extensions of Re- previous order of the House, the gen- and let me quote from notes from a marks.] H6488 CONGRESSIONAL RECORD — HOUSE June 18, 1996 FIXING MEDICARE the plan that Mrs. Clinton was the of health insurance to take care of the The SPEAKER pro tempore. Under a chief architect of in 1994 and which we needs of their family. As the father of previous order of the House, the gen- defeated in this House in 1994. That is, 4 children, my heart goes out to those tleman from Ohio [Mr. HOKE], is recog- a plan that depends almost exclusively people, because frankly when your nized for 5 minutes. on forcing senior citizens into managed child is sick, there is nothing in the Mr. HOKE. Mr. Speaker, the Medi- care. That is the President’s notion of world that you would not do, nothing care trustees have just issued their an- the way to get control of the Medicare that you would not give up on the plan- nual report and the news in that report crisis. But the far better solution is to et to pursue an effective remedy for is not good. Medicare is now losing modernize Medicare and give seniors that child’s health malady. Or if a par- money for the first time ever. We are the same kinds of options, including ent were sick or a wife or a husband, actually taking in less than we are medical savings accounts, that are now you would give up everything that you spending. It is going to be completely available in some of the very best pri- had to pursue the most state-of-the-art broke by 2001, according to the trust- vate sector plans while preserving their medical technologies available to try ees, unless prompt, effective, and deci- right to stay with traditional Medicare to rescue that individual. sive action is taken to control costs. if that is what they choose. I have some friends back home in Ar- I think it is important, Mr. Speaker, In addition, we must mount the first izona that have a child with cystic fi- to understand that the trustees are not ever attack on waste and fraud and the brosis. Let me just tell a little about a partisan group. They include three waste and fraud that has helped bring their story. They are both self-em- members of the Clinton Cabinet. Last Medicare to the very brink of bank- ployed, have had health insurance for year those trustees projected that Med- ruptcy. I remember when Bob years and then they had a child with a icare would not run out of money until Reischauer was still the director of serious health malady, cystic fibrosis. I 2002. This year they are saying that CBO, he testified before the Budget think as most know, cystic fibrosis is a under the middle scenario, because the Committee that I serve on. He stated disorder that can be very, very debili- way that they do their projections, very clearly that somewhere between tating, requires a lot of medical care, a they have to come up with three dif- 15 and 20 percent of the money that is lot of money to be expended, a lot of ferent scenarios, best case, worst case, spent on Medicare goes down the drain time, love, and patience, and most peo- and middle case. They are saying that in waste and fraud. Think about that— ple with cystic fibrosis do not live past under the middle scenario, it is going 20 percent of $180 billion is $36 billion their teenage years. If you have a child to run out of money in 2001 and that hard-earned taxpayer dollars thrown with cystic fibrosis that lives on into under the worst scenario it could be away. their twenties, you count yourself 1999 when the trust fund runs out of Unfortunately, some folks, including lucky to have had that time available money. politicians, Washington special-inter- to spend with them. So as bad as the news is, what the est groups, even the President himself, My own child, Jacob, when he was a American people need to know is that have indulged their partisan ambitions young boy, had several health problems regardless of who wins in November, by intentionally trying to scare seniors and there was a fear that he might Medicare’s financial crisis is going to into believing that Congress might like have cystic fibrosis. They did a little be solved, because letting Medicare go their Medicare benefits away from medical test on him and they deter- bankrupt is simply not an option. It is them. Helping to spread that poison mined that he did not have it, but I re- not an option for the responsible legis- are the big labor bosses in Washington member in the 3 days that we were lators of this Congress and it is not an who have spent literally millions of waiting for that diagnosis to come option that exists for the President or dollars confiscated from their own about after they had done the testing, anybody who is elected to be President. rank-and-file membership on advertise- I remember the agony that we went Both Congress and the White House ments pursuing that same big lie. Yet through, the fear that we went through have offered plans that limit the rate when you cut through all the political as parents wondering whether or not of growth in Medicare spending by grandstanding, one thing becomes crys- our child had this debilitating illness. strikingly similar amounts. The White tal clear. The longer a Medicare solu- But, then, this is not about my prob- House would increase spending 7.2 per- tion is put off, the harder and more lem, it is back to my friends in Arizona cent annually. Congress would increase unplatatable the choices become. We and their child. Because after their spending 7.0 percent annually. To put need all sides working together now, child was diagnosed with cystic fibro- this in perspective, bear in mind that not as Republicans and as Democrats sis, their insurance rates skyrocketed. right now the annual growth rate in but as Americans, to solve this prob- In fact, they went up about 5 or 6 private sector health care spending is lem. times. The premiums went up exorbi- less than 3 percent annually. So the next time that you hear some- tantly. They could not afford it any- What I have just said will no doubt, one attack Congress for killing Medi- more. And so they had to drop their in- Mr. Speaker, come as a great surprise care, ask them to show you their plan surance. to those who already have suffered to save it. The chances are they will The answer in today’s society under from overexposure to the not have one. That is because they are our current administrative policies and semihysterical, patently, false, and po- thinking more about the next election State governments and Federal Gov- litically motivated mantra of cuts, than they are about the next genera- ernment, at least in the State of Ari- cuts, cuts. President Clinton himself tion. zona, is they have to spend down all of put it well when he said, ‘‘When you f their assets to qualify for Medicaid so hear all this business about cuts, let that that child could get the kind of HEALTH CARE me caution you that that is not what is care that she needed to preserve her going on. We are going to have in- The SPEAKER pro tempore. Under frail young life. the Speaker’s announced policy of May creases in Medicare.’’ b While the sides are essentially in 12, 1995, the gentleman from Arizona 1945 agreement with respect to how much [Mr. SALMON] is recognized for 60 min- That is not right. We ought to be ad- to restrict the rate of growth in Medi- utes as the designee of the majority dressing the issue of preexisting condi- care, or how much to let it grow—7.0 leader. tions. We ought to be addressing the percent, 7.2 percent—in fact there are Mr. SALMON. Mr. Speaker, tonight I issue of portability. These things are very significant differences as to how would like to talk about a very crucial not just campaign slogans, they are to do that. issue that I think probably most of us not rhetoric. They are real-life situa- The President and those who believe campaigned on the last election cycle, tions with people, with situations that that Washington knows best are com- the issue of health care and the health would tug at your heart strings. Most mitted to a top-down, bureaucratic so- care dilemma in our country. of us that have children and recognize lution that would increase the Govern- Most estimate that there are prob- again that you would do anything for a ment’s role in the health care of our ably about 40 million to 50 million child that was in harm’s way, such as seniors. It is essentially identical to Americans out there that have a lack this child is, you would do anything, June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6489 you would give up everything. There is that they use that we are charged $15 On cutting red tape, now, how many no price too great to pay. for, and we know that there is a major people out there think that we do not But why should they have to? Should problem where we have been in for sur- need to cut red tape when it comes to we not hear, as representatives of our gery and we know that possibly we the health care bureaucracy? I think Nation’s Government, the people that have been charged for things that most people that have ever dealt with sent us back here to carve solutions? never happened to us or services that any kind of health care provider under- Should we not address the problem? were never rendered. So there needs to stand that probably 40 percent of a doc- Well, about 57 days ago, the House be a fraud hotline and the laws need to tor or hospital’s time is spent pushing passed a measure, a health care reform be tightened up, and this bill does that, paper, satisfying regulations of a State bill that would do just that. It ad- but it languishes. We cannot get by the and Federal bureaucracy, as well as a dressed the issue of preexisting condi- filibuster rule in the Senate because big insurance company bureaucracy, tions. For those people that are not the President holds it hostage because and yet our plan has a measure that self-employed, like my friends, but there are things in it that he says that would cut through this red tape. In they work for a larger employer, they he cannot stomach. fact, it is one of the biggest measures, are not necessarily canceled from their Mr. Speaker, it increases access and and this is the one that we want to insurance but they are job locked. it increases affordability. Our plan talk about tonight, the thing that the They cannot ever change or go into a fights the discrimination that has been President is so adamantly opposed to, different job because they know that if applied to small business for years. and that is the concept of medical sav- they have to get another job that the Why is it that a large company that ings accounts. likelihood that the insurance company employs thousands or maybe even tens He would tell you that this is just an- from the new employer will pick them of thousands of people, why is it that other way that we are rewarding our up is slim to none. they can get full tax deductibility as a rich friends. Well, let me talk to you So for years and years and years, legitimate business expense for health about this commonsense solution, and people have been locked into these jobs care coverage that they provide to you decide for yourselves if this is because they have no alternative if their employees, but yet a small em- something that would help people or it they want that kind of care for their ployer that employs 50 or fewer or 100 would hurt people. The concept is easy. little one, or for their mom and dad, or or fewer, why is it that they do not It is like an IRA fund where people can for their spouse, or whatever the case enjoy the same kind of tax favorability set aside or your employer can set may be. But we passed a measure that that the large, big corporations do? Is aside for you pre-tax dollars with no would deal with that 57 days ago, but it it not known that in this country 80 taxation whatsoever, and it would be in is still stuck because the President has percent to maybe 85 percent of all of your own account for you to spend on an aversion to one of the components the people that are employed in this your medical needs. Now, coupled with in the bill that he says he cannot sup- country work in small business? Then that, the employer, or if the individual port. we scratch our heads and we wonder purchases the medical savings account So, thus, it has been held hostage for aloud, I wonder why it is that these or establishes a medical savings ac- 56, 57 days, and the clock keeps ticking small businesses are not providing count for themselves, would then also while these Americans keep waiting for health care? purchase a higher deductible policy. health care reform. They keep waiting Well, when you have a discrimina- Let us say they have in their medical for us to cross partisan boundaries and tory tax policy which favors the big savings account $2,000, so then they be Americans first and do what is right corporations that yield the tremendous would purchase a policy with a deduct- by the American people, and it lan- profits but yet you won’t give the same ible of $2,000. guishes because the President cannot kind of a tax break to small businesses, Now, the actuaries will tell you and support a particular component which you understand part and parcel the di- common sense will also tell you that I will get to later. lemma and the problem that we are the higher the deductible, the lower Mr. Speaker, up to 25 million Ameri- now faced with in the health care the premium coverage. So for pennies cans would benefit from preexisting arena. Yet our bill addresses that prob- on the dollar, you can get a policy that conditions reform, which eliminates lem. Right now they only enjoy a 30 covers your needs but has a higher de- the preexisting conditions exclusions percent deduction, and that, again, ductible. Then you pay cash out of for people with prior health coverage. only happened after the Republicans your medical savings account when That helps America’s roughly 4 million took Congress a year and a half ago. you go to see whatever provider you job-locked workers by freeing them to We are proposing to take it up to 80 want to see, whether that is a DO, or a job hunt since companies will be re- percent. We would like to take it to chiropractor, or a naturopath or your quired by law to accept persons who 100, but the President has a problem own allopathic physician, your gyne- had prior health insurance coverage, a with that, too. He does not want the cologist, your OB/GYN, your ortho- very, very substantial reform. Instead people in small business to enjoy the pedic doctor, whatever health care pro- of making these changes happen, this same kind of tax favorability on their vider you choose for yourself to meet President holds the reform package health care deductions as the large your needs, and not have some bureau- hostage. business people get, and yet it lan- crat dictate to you what your needs are This bill, this medical reform bill, guishes because the President holds it and how your needs should be resolved also establishes a fraud and abuse hot- hostage. or addressed, you decide. It puts ulti- line and, obviously, I think most of us Seniors and the terminally ill, two mate freedom in the hands of the pa- know why we need that. There are Contract With America provisions, are tient, and it puts it back to the free those in the health care industry that provided in our plan. The first allows market solution that has worked so would profit off of human misery and tax deductions for long-term health well for other aspects of our economy. suffering. I think that probably the care needs, such as nursing homes and Let me tell you some of the reasons numbers of those people are probably home care; home care, something that that medical savings account will relatively small, but just like any as- has not been provided ever by this work. When you are spending your own pect of our society, lawyers, doctors, body. The second allows terminally ill money, you are a little bit more cost politicians, teachers, you name it, you patients and their families to receive conscious and probably a little bit bet- will find fraud and abuse in virtually tax-free accelerated death benefits ter at detecting fraud and abuse than every aspect of our society. That is not from their insurance companies. These some of these big bureaucracies are. to say all people are rotten. That is to provisions will provide greater finan- When you spend your own cash, you are say that fraud and abuse are two bad cial security to families struggling going to be very frugal and you are by-products of our society and things with terminal and catastrophic ill- going to be very cost conscious and you that we need to keep a lid on. nesses, but yet that is also included in are going to shop around and get the Most of us see the problems when we our health care reform plan. It is still best deal you can. go to the hospital. We see the $10 aspi- languishing, day 57. It is held hostage Mr. Speaker, let me illustrate from rin and we see the wooden throat stick by the President. my life. When our last child was born, H6490 CONGRESSIONAL RECORD — HOUSE June 18, 1996 Matthew, the cost paid for his delivery in the sale of cars. It works in the sale balance of my time to the distin- by my insurance company to the hos- of food. It works in the sale of com- guished majority whip in the House of pital and the doctor was $3,500. Two modities. It also works in health care. Representatives. Just so you know that months later, my sister-in-law had a It keeps everybody honest. It gets back this is not a Republican approach, this baby, but she did not have insurance, to the idea that people are in charge, is an idea whose time has come. so she paid cash, $1,500; $2,000 difference not bureaucrats. People are in charge By the way, there are about 25,000 by paying cash. The same thing will of their health care destiny, and they companies out there who are offering happen for all individuals out there, we can best determine what their needs medical savings accounts to their em- who are able to shop around and get are. ployees with phenomenal success. In the best deal they possibly can. Let me read just real quickly a cou- fact, almost every one of them, to the Also, when you do not have to worry ple of letters that were written that company, have realized a decrease in about going through this big mon- show the real hypocrisy in this debate. their health care costs, happier and strous bureaucracy, be it an insurance One is dated September 8, 1992, and it healthier employees controlling their says: dear colleague, and it was sent to bureaucracy or be it a Federal, local or own health care destiny and not having all the colleagues in the Senate at the State bureaucracy, you do not have all it mandated to them from either assur- time: the paperwork to go through. So obvi- ance bureaucracy or a Federal or State ously you are going to get a better The United States is faced with a crisis in bureaucracy. price, and the cost will come down. It health care on two fronts: access and cost control. So far most of the proposals before Who else has realized this? There are puts ultimate freedom in the patient’s Congress attempt to deal with access but do some, I think, very, very reasonable hand. It cuts costs. not adequately address the more important folks on the other side who have recog- At the end of the year, the other factor, cost control. We have introduced leg- nized this is the way it goes. This is a wonderful thing is that what you do islation that will begin to get medical spend- letter to President Clinton. you spend is yours. It does not revert ing under control by giving individual con- to some insurance company’s profits sumers a larger stake in spending decisions. Dear President Clinton: As original co- sponsors of medical savings account legisla- bottom line, and it does not go back to I do not need to keep reading the let- ter. I think you get the gist of it. But tion in the House of Representatives, we some wasteful bureaucracy in Washing- urge your review of and your public support ton, DC. It is your money to do with as later on it says, in order to protect em- for this wonderfully innovative idea. you need to do. If you spent it on some- ployees and their families from cata- The recent vote on the House Republican thing other than health coverage, it strophic health care expenses above the plan should not be used to judge the Demo- will be taxed at the normal rate. But if amount in medical care savings ac- cratic Party’s position on medical savings you decide to roll it over the next year counts, an employer could be required accounts. As you know, medical savings ac- to grow the value of your medical sav- to purchase a high deductible cata- counts have been a major plank in Congress- ings account, then there is no taxation strophic insurance policy, exactly the man TORRICELLI’s health care platform in his Senate race. whatsoever. And a relatively healthy plan we are offering. In fact this is probably one of the most ringing en- We cannot think of a more Democratic person of my age that started a medi- idea than MSA’s. In fact, it was originally cal savings account, kept rolling it dorsements for the concept of medical savings accounts coupled with the cat- our idea. We want Democrats to get credit over and did not have any serious for it. In the Senate, Democrats JOHN health concerns to pay out of the medi- astrophic care policy as I have ever BREAUX, TOM DASCHLE, SAM NUNN, and DAVID cal savings account would be able to seen or heard of. BOREN initiated the idea, an idea they are have a real healthy nest egg by the Do you know who signed this ringing now saying is such a rotten terrible idea. endorsement of medical savings ac- time they retire to deal with their own DICK GEPHARDT included MSA’s in the count? Senators TOM DASCHLE, of all long-term care. House Democratic Leadership bill in 1994, Mr. Speaker, this is a wonderful plan. people, and JOHN BREAUX, two of the just 2 short years ago. It was a great idea to DICK GEPHARDT. I cannot understand why the President voices now that are echoing the Presi- There were 28 House Democrats who co- would hold it hostage. He says that it dent’s concerns that this is only again tax breaks for the rich or medical care sponsored our initial MSA legislation. There is a benefit to the rich people. Well, are currently three Democratic U.S. Senate common sense would tell you again for the rich. Back then in 1992, when they were in control and when they candidates who have supported MSA legisla- that, if you gave a medical savings ac- tion. were trying to approach it from a bi- count to some individual, they would You also should know that the current partisan instead of an extremely par- be able to make just as smart decisions contract of the United Mine Workers pro- tisan approach, they said that medical as a rich person could if they did not vides its members with MSA’s. We do not be- savings accounts was an idea whose have money. lieve the UMW qualifies as healthier and Common sense would also tell you time had come and one of the best wealthier than the general population—a that, when a person gets first-dollar ways to control costs and provide ulti- charge leveled by uninformed MSA oppo- mate freedom to people to make the nents. coverage right out of their medical health care decisions for their lives. savings account provided to them by I could go on. Again, they are extol- But, oh, what a difference a day makes. their employer in lieu of the tradi- ling the virtues of medical savings ac- Just a few years later right in the heat tional kind of health care coverage or counts. It is an idea whose time has of a campaign for the Presidency, now forcing people into managed care, and come. Let us stop holding health care, they are taking the President’s side giving them the ultimate freedom, that innovative, life saving health care re- and they are opposing medical savings these individuals can make good deci- form, hostage, because we owe some accounts. special interest a favor or because we sions for themselves. Mr. Speaker, could it be that they do The real answer for why I think some do not want Republicans to get credit not want the Republican Congress to for a wonderful idea whose time has of the liberal people hate medical sav- get credit for such a wonderful idea and ings accounts is that they fundamen- come. Let us do the right thing by the so they want to stall it for that reason? American people. tally believe that people, that the Or could it be that some of the man- President Clinton, I urge you, with American people are too stupid to take aged care institutions who have lobbied every fiber of my being, to sign this care of their own health care needs, them so hard because they fear that and they have more faith in bureau- they will substantially lose market into law, to stop holding this legisla- crats and bureaucratic systems than share when we do not force people into tion hostage. If you really feel our they do a father or a mother taking managed care have lobbied them so pain, as I know you say you do, then care of the health care needs of their hard and heavy that they are afraid of realize that there are millions of peo- child, or a spouse taking care of the losing those friends who have helped ple out there who would benefit dra- health care needs of his or her spouse. them get into office? matically. My friends back in Arizona Well, we Republicans in Congress who have the child with cystic fibrosis, have a different idea. We agree with b 2000 they are counting on you, President our Founding Fathers that the free One last letter I would like to read to Clinton, to not only talk the talk, but market system indeed works. It works you and then I am going to yield the to begin to walk the walk. June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6491 REPUBLICAN ACCOMPLISHMENTS Second, taxes. Do you think the Do you support questionable Wash- The SPEAKER pro tempore. Under American people should be taxed more, ington spending on pork-barrel projects the Speaker’s announced policy of May like many Democrats think, or do you inserted by Washington insiders? Well, 12, 1995, the gentleman from Texas [Mr. feel that cutting taxes is the right 71 percent of the American people sup- DELAY] is recognized for 38 minutes as thing to do, both fiscally and morally, port reducing funding for all Govern- a designee of the majority leader. like many Republicans believe? Do you ment agencies. Mr. DELAY. Mr. Speaker, I thank the get tired of giving more and more of The Democrat Congress, I might say, gentleman from Arizona [Mr. SALMON] your money to Washington, or do you on Government spending and under the for his wonderful words, trying to think that you need to give more of line-item veto, the Democrat Congress straighten out exactly what is going on your fair share? passed spending bills that increased in this Congress, and particularly as it Two out of every three Americans spending by $8 billion. It also tried to pertains to all the political rhetoric think they pay too much in taxes. The pass a pork-laden spending package, that gets thrown around out here. Democrat Congress, I might point out which they mistakenly named an eco- People’s memories seem to be rather on this chart, the Democrat Congress nomic stimulus package, a package short when it comes to remembering, increased taxes by $241 billion, the that paid for efficient atlases or build- one, that six Senators, six Democrat largest tax increase in history. But the ing swimming pools, to the tune of $3.2 Senators on the Senate side cam- Republican Congress cut taxes by $223 billion. Have you ever heard of mid- paigned on the notion that they want- billion, tax cuts that would have given night basketball? That was in their ed a balanced budget amendment to families needed relief and would have stimulus package. they also gave the the Constitution, and yet they are the spurred economic growth. IRS $148 million more to get involved very ones who stopped us from being Sadly, the President vetoed these tax in your personal life. They even gave able to pass that amendment to the cuts. Just look: These are the facts. $800,000 to whitewater canoeing teams. Constitution and send it to the States. Under Clinton’s tax increases, they im- The gentleman from Arizona [Mr. The Republican Congress though, the posed in 1994 $115 billion on the so- Republican Congress cut $43 billion in SALMON] was very eloquent in pointing called rich. To them the rich is anyone real wasteful Washington spending. out the fact that leaders of both the that makes over $90,000. House and the Senate supported medi- The Republican Congress also passed a Gasoline tax, they put a gasoline tax line-item veto to get rid of these pork- cal savings accounts when they con- on the so-called rich, $4.3 cents a gal- trolled the House, but when it came barrel spending projects, which the lon, that amounted to $31 billion. They President did sign into law. We give time to actually vote for them and raised the Medicare payroll tax by $29 work for them and actually put them him credit for that. billion. They raised the Social Security The next President of the United into place, they were nowhere to be benefit tax. They taxed senior citizens found and in fact worked very hard States, starting in January of next in this country by $25 billion. They put year, will be able to use for the first against it. a tax on corporate and business by $32 The same thing happened last week. time in the history of the United billion. They did expand the EITC that Last week the House Democrat leader- States, the line-item veto. saved $2 billion, and then raised an- ship issued a report regarding the ef- The fourth issue is Congressional re- other $11 billion, for a total of $240 bil- forts of the Republican Congress to form. Are you concerned that the Con- bring change to the Federal Govern- lion. Now, that did the Republican Con- gress is out of touch, that special inter- ment. Now, not surprising, the Demo- gress do, that was vetoed by the Presi- ests and lobbyists have too much power crats had very few kind words to say dent? We cut taxes on 30 percent health over what happens in Washington, that about the Republican Congress. Com- insurance deduction by $5 billion. We Members of Congress should live under ing from the guardians of gridlock, the raised the earnings limit test. The the same laws as everyone else? masters of disaster, the stalwarts of Ninety-two percent of the American the status quo, their words of dis- earnings limit is where when senior citizens make over $11,520, then they people are concerned that special inter- approval should be seen by the Amer- ests and lobbyists have too much power ican people as affirmation of all of our are penalized by higher taxes. We raised that limit to $30,000, and we over what happens in Congress. efforts over the last 16 months. The Democrat Congress failed to pass To the Democrat leadership, any hope next year to repeal it altogether. That saved senior citizens $6 billion. any, any, Congressional reform. They change that makes the Government failed to pass a law that required Con- work better, that brings power back to We had a $500 per child tax credit, that was $150 billion, vetoed by the gress to live under the laws it passes on the people, that cuts wasteful Washing- everyone else. It also failed to pass any ton spending, is mean and extreme. But President. We had a medical savings account that saved $2 billion, vetoed by reform regarding ethics or lobbyist in- my colleagues, who is the extremist? fluence. The one who fights to change Washing- the President. We had a capital gains The Republican Congress succeeded ton, or the one who battles that tax cut. Now, this is the so-called tax in passing all kinds of reforms. It change? Let us go through 10 legisla- cut for the rich. But you tell a small passed a Congressional compliance law, tive issues, just 10 issues, that the Con- farmer that just sold their farm, or you gress considered this last year to find tell your parents who are trying to sell making it certain that Members of out who really is extreme. their house in order to take care of Congress live under the laws it passes First, a balanced budget. Now, do you themselves in their retirement years, on everyone else. I guarantee you, support a balanced budget amendment they have to pay huge capital gains Members of Congress’ eyes are growing to the Constitution? Should the Con- taxes. We cut it by $35 billion. Vetoed bigger and bigger when they have the gress actually balance the Nation’s by the President. notion of an OSHA inspector coming in books like families are forced to bal- We expanded the use of investment and inspecting their offices, they get ance their own books? retirement accounts by $12 billion, ve- an EOC complaint filed against them, Eighty-three percent of the American toed by the President. We even gave es- or many other ways. Right now we people support a balanced budget tate tax relief, that is inheritance tax have labor unions on the Hill trying to amendment to the Constitution. The relief, so you could pass on what you organize our employees. It has a lot of Democrat Congress, the 103d Congress, worked for all your life to your chil- Members thinking about living in the failed to pass a balanced budget and re- dren, we cut it by $12 billion, vetoed by real world, and it has changed their jected a balanced budget amendment the President. This comes to a total thinking about what this body does in to the Constitution. But in the Repub- tax cut package of $223 billion. imposing regulations on the rest of the lican Congress, the House passed a bal- The third issue is wasteful Washing- country. anced budget amendment to the Con- ton spending. Do you think we need We also ban the gifts that Members stitution. It also passed a budget which more wasteful Washington spending can accept from lobbyists and require balanced in 7 years, without raising programs? Or do you think that Wash- greater disclosure of lobbyist activi- taxes, the first balanced budget in a ington should spend less of your hard- ties. We cut our committee staff by generation. earned money? one-third. We eliminated ghost voting. H6492 CONGRESSIONAL RECORD — HOUSE June 18, 1996 Now, in committee, in order for a Mem- Part of the health care debate in- proportion by the media? Well, 83 per- ber’s vote to count he has got to be sit- cludes saving Medicare. Do you think cent of the American people favor a ting in that chair and raise his hand that Congress should take responsible lower level of immigration. and vote. No more ghost voting. steps to rescue Medicare for the next Now, the Democrat Congress failed to We have gone on and on with all generation, or do you prefer that the pass any significant reform of immi- kinds of reforms and opening this Congress put off until later any com- gration policies when they controlled House up and giving it back to the peo- monsense changes to the Medicare sys- the Congress and the White House. The ple. These are real reforms desired by tem, despite the overwhelming evi- Republican Congress has passed signifi- the American people. dence that the system is going broke cant immigration reform that would The fifth legislative issue, welfare re- faster than previously anticipated? make it more difficult for illegal immi- form. Now, do you support a complete Should Congress pass Medicare reforms grants to get welfare, while making it overhaul of the welfare system? Should that will weed out waste, fraud, and more difficult for illegal immigrants to we create a system where able-bodied abuse, as the Republicans want; or enter the country. Americans must work? That ends the should it increase payroll taxes on And, finally, the legislation that is so cycle of dependency and despair? That working Americans to keep the current important to all of us, and that is limits the time people can spend col- system in place, as the Democrats pre- crime. Do you think anticrime initia- lecting welfare without working? fer? tives should fund more social welfare Well, 71 percent of the American peo- The Medicare trustees, which include programs; or should it make the death ple support a mandatory 2-year cutoff members of the President’s own Cabi- penalty more effective? Seventy-nine for welfare without work. The Demo- net, have concluded that Medicare is percent of the American people support crat Congress under welfare reform going broke faster than previously an- the death penalty for murderers. produced nothing, nothing, to end wel- ticipated. The Democrat Congress, in fighting fare as we know it. Not one proposal in The Democrat Congress failed to crime, passed a crime bill, signed by the 103d Democrat Congress even enact any of these reforms of the Medi- the President, which would increase passed out of the full committee. And care system that will save it for the spending on prevention programs for this is when they controlled both next generation, but the Republican things like midnight basketball. houses and they had the President of Congress, this Congress, passed Medi- The Republican Congress passed a the United States at the other end of care reforms which will maintain a crime bill, a real crime bill. It was Pennsylvania Avenue, who promised growth rate of 7.2 percent in the pro- signed by the President, and we got to the American people in 1992 that he gram. A growth rate. give him credit for that, which would would end welfare as we know it. Now, a lot of Americans around the reform the death penalty procedure to b 2015 country are watching these commer- end all these endless appeals, a process Not one proposal got out of a full cials, millions of dollars spent buying that has frustrated the American peo- committee. But the Republican Con- commercials that claim that we cut ple, all these endless appeals by death gress produced far-reaching welfare re- Medicare, that we have slashed Medi- row inmates. form that placed time limits, work re- care, that we are going to throw sen- Of course, there are other issues that quirements, and other incentives that iors out on the street. But in our plan are not reflected on this chart, issues give poor people a hand up, not a hand- we allow Medicare to grow faster than such as regulatory reform, an issue out. health care in the private sector, at the very close to my heart as a former The President vetoed this plan twice. same time we are trying to weed out small businessowner. But do you think Now, we are going to send it to him the waste and fraud and promoting we need more Washington power, more again. Maybe he will wake up and greater choices in health care for sen- crazy Washington regulations, more honor his promises and will not veto it, iors, which raises the quality of care Washington mandates? Eighty-two per- because we are going to send him an- for senior citizens. cent of the American people believe other welfare reform package. The seventh legislative issue: Legal that the Government is intruding more The sixth legislative issue: Health reform. Do you support commonsense and more on their personal rights and care reform. Now, do you think we legal reforms? Do you think trial law- freedom. need government-run health care, yers make too much money filing friv- The Democrat Congress expanded on where your family’s health care deci- olous lawsuits in this country? Do you the regulatory state of earlier Con- sions are made by bureaucrats based in think trial lawyers have too much in- gresses, putting more and more regula- Washington? Or should we have com- fluence on the White House? Two- tions on small- and medium-sized monsense health care reform that al- thirds of southern California voters are firms, costing jobs. The Republican lows families to make their own health afraid that either they or a loved one Congress worked to clean up the regu- care decisions, allows people who will someday be a victim of lawsuit latory environment, bringing common- change jobs to take their health care abuse. sense, sound science, and cost-benefit with them, and weeds out waste, fraud, The Democrat Congress failed to analysis to regulations that come from and abuse from the health care system? even try to enact any significant re- the executive branch, to make regula- The gentleman from Arizona, who forms of our legal system, but the Re- tions work better, to make regulations spoke right before me, laid this out publican Congress enacted, over the work more efficiently, to make regula- perfectly and eloquently. By the time President’s veto, securities litigation tions actually do some good. the Democrat Congress gave up on the reform which will make it more dif- Mr. Speaker, this Republican Con- Clinton health care plan, a majority of ficult for trial lawyers to file frivolous gress can best be described as remark- Americans thought it would hurt lawsuits, and we also passed a product able. We are doing the people’s business health care quality and drive up health liability reform. Unfortunately, the the way that they want it done. Demo- care costs. The Democrat Congress President vetoed that, and we are crats have taken to calling the Repub- tried but failed to pass out of either working right now to try to get the licans extremists. I say that defending House the President’s huge govern- votes to overturn his veto. the status quo is extreme. Defending ment-run health care proposal. The eighth legislative issue: Immi- the disastrous Democrat Congress is The Republican Congress has passed gration reform. Now, do you support extreme. Defending a broken welfare a health care reform which will guar- giving illegal immigrants welfare bene- system is extreme. Defending wasteful antee portability with no preexisting fits available to American citizens; or Washington spending is extreme. De- conditions. It creates medical savings do you think that we need to make fending the largest tax increase in the accounts, it cuts down on frivolous some commonsense changes to make it history of this country is extreme. lawsuits, and cuts out waste, fraud, and more difficult for illegal immigrants to Make no mistake about it, when the abuse in the health care system. We ex- get welfare? Do you believe that illegal Democrats ran the Congress, they did pect this measure to get to the Presi- immigration is becoming one of the an extremely bad job. So, I urge my dent’s desk in the next few days and we biggest problems in America today; or colleagues to remember this very sim- hope the President will sign it. do you think that it is all blown out of ple point. Extremism in the defense of June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6493 status quo is no virtue. And, sadly, a chance to question Justice Thomas; for the teaching of history. We had a that is all the liberal left has to offer in a situation where children would be lot of controversy in trying to estab- these days. left with the impression that Justice lish a new curriculum for the teaching f Thomas was being offered as a role of history, especially American his- model and that they should pattern tory. I sit on the Committee on Eco- WHAT APPROACH SHOULD WE their lives after him? nomic and Education Opportunities. I TAKE TO THE TEACHING OF Prince George’s County is predomi- know that for some time now that the CURRENT EVENTS AND AMER- nantly a county made up, the schools effort has been going forward to de- ICAN HISTORY are predominantly African-American velop standardized curricula in various The SPEAKER pro tempore. Under children. The school where Justice areas that were almost standardized so the Speaker’s announced policy of May Thomas was speaking was composed that you could compare the teaching 12, 1995, the gentleman from New York primarily of African-American chil- from one State to another and then we [Mr. OWENS] is recognized for 60 min- dren. Kenneth Johnson, the school could have a curriculum where we have utes as the designee of the minority board member, was saying that Afri- a body of knowledge and we can expect leader. can-American children should not be all Americans to know. Mr. OWENS. Mr. Speaker, today we led to believe that Justice Thomas was Immediately there was agreement on passed the Church Arson Prevention a role model; that that would be really a curriculum, a national standardized Act, and I think practically every a slap in the face, considering the curriculum for the teaching of science. Member present voted for that act. It kinds of rulings that Justice Thomas Math also, there was no great con- is to the credit of this Congress that has made, the kind of record Justice troversy over the teaching the math. I this is a bipartisan effort to deal with Thomas made before he became a Su- even think the arts came up with a a heinous set of crimes and to let the preme Court justice, and the con- curriculum that was pretty much ac- message go forth from the leadership of troversy which presently surrounds cepted across the country, although it this Nation that we will not tolerate Justice Thomas and the decisions that was not part of the official process. But such acts. he is making. when it came to the teaching of his- There is a disease out there that What does this have to do with tory, a great deal of controversy has every now and then manifests itself, church burnings and what does it have resulted. and the leadership of the Government to do with Supreme Court decisions? One of the reasons is that history has has the duty and obligation to let it be Well, Supreme Court decisions relating to deal with what is right and what is known that we will not encourage it, to the Voting Rights Act are probably wrong. History has to deal with tread- we will not condone it, and we will do Justice Thomas’s most controversial ing on people’s holy ground in terms of everything possible to make certain decisions. what it is that they certify as being le- that those who are guilty are punished. The Voting Rights Act is an act gitimate actions taken by their ances- I want to talk a little bit about the which probably makes more sense than tors. So American history with its con- burning of black churches in the south, any other effort ever undertaken to troversial problems with the Native but I want to talk about four other remedy the situation caused by 232 Americans and what happened to them, things that also relate to it, although years of American slavery. Two hun- American history with its very con- it is not obvious how closely related dred thirty-two years of American troversial problems related to 235 years they are on the surface. slavery was a most criminal enterprise. of slavery presents us with a problem. I want to talk about the recent con- Probably nowhere in the history of the The problem manifests itself imme- troversy surrounding the standardiza- world have we had a situation like diately in a current event related to tion of a national curriculum for his- those 232 years of American slavery. how shall you handle current events as tory, especially for American history. We are very critical of Germany in related to decisions of the Supreme I also want to talk about the con- that the current practices of Germany Court. How should you handle current troversy surrounding the invitation to seek to minimize what happened in the events as related to a controversial Su- Supreme Court Justice Clarence Thom- Nazi era; that Germans do not rush to preme Court Justice who is making de- as to speak at a Prince George’s Coun- discuss what happened in the Nazi era. cisions which directly impact in a neg- ty school and what happened as a re- They do not rush to discuss the holo- ative way on African American people. sult of that controversy. caust and what happened to 6 million How should you handle the invitation I want to talk about a man named Jews. They do not rush to discuss what to that Supreme Court Justice to come Kenneth Johnson, who objected to Jus- happened to people with disabilities to speak to an African American school tice Thomas speaking there. Mr. John- and what they did to gypsies and other when he has made several decisions son is a school board member, and he people they labeled as political since he arrived on the court which di- felt that there was some problems undesirables. They do not rush to talk rectly move African American people there, and I think Mr. Johnson’s alle- about that and they do not rush to in this country backwards from the gations and his concerns deserve to be teach about that. forward progress that was being made looked at more closely. They have been criticized, and yet over the last 10 years. How shall you I also want to talk about the recent American slavery is far more ancient handle a betrayal of Justice Thomas. Supreme Court decision on the Voting than the recent history of the Nazi era. What does it have to do with burning Rights Act. The Third Reich took place in the black churches? There is an atmos- And, finally, I want to talk about the 1930’s and 1940’s. phere that has been established in the extremist budget cuts of the Repub- last 5 or 6 years, it has been growing, b lican majority, and I want to insist 2030 escalating, an atmosphere of hate, an that all of these things are related and Hitler was defeated in 1945. But the atmosphere of racism, coming in many show how they are related. Civil War ended in 1865, and the Civil different forms and directions. Some of I think the overall theme of what I War was a war to end slavery. A lot of that racism has come directly from the am trying to say relates to a bigger people call it different things. One of Supreme Court. Nobody has stepped issue of what approach should we take the problems they are trying to teach forward to point a finger at the Su- to the teaching of current events and history nowadays is the fact that peo- preme Court and said that this is a rac- of American history. What approach ple do not want to face up to the fact ist majority, that these decisions are should we take to the teaching of cur- that the Civil War was a war to end racist. It is difficult to say that, when rent events and American history? slavery. a black man is sitting there, when What was the controversy in Prince The Civil War ended a cruel and inhu- Clarence Thomas is sitting there, it is George’s County all about? Why did man set of circumstances. It ended 235 difficult to call it the way it is, that Kenneth Johnson object as a school years of forced labor. It ended 235 years these decisions are racist with respect board member to Justice Clarence of the destruction of human beings. All to affirmative action, setasides, school Thomas speaking at the school in a of that is part of what we wrestle with integration, and with respect to the ceremony where people would not have when we try to set a new curriculum Voting Rights Act. H6494 CONGRESSIONAL RECORD — HOUSE June 18, 1996 Nobody has challenged the fact that The 14th amendment talks about cer- a very negative way over the last 10 the Voting Rights Act decisions and tain kinds of property arrangements years. So these kinds of policies eco- the other decisions related to segrega- and criticizes, and makes it clear that nomic policies, budget policies, coupled tion and discrimination remedies, rem- it is concerned with other aspects of with attacks on affirmative action, at- edies that are being attempted to take correcting injustices done by slavery. tacks on the Voting Rights Act, at- care of, to compensate for years of dis- So I want to come back to the Con- tacks on set-asides, when you couple crimination and years of segregation. stitution and the 13th, 14th, and 15th them all together, it sends a message Nobody has challenged the court’s rea- amendments. I also want to take a that we really do not want to deal with soning and the fact that the court look at another reference to race with- atoning for the terrible sins of slavery. seems to be hell bent on ignoring the in the Constitution, which came ear- We do not want to deal with trying to intent of the law. The court has repeat- lier. Article I of the Constitution refers compensate for 235 years of forced edly used the 14th amendment as the to three-fifths of all of the persons, labor, brutality, murder, rape. We do justification for its decisions that which everybody knows meant slaves, not want to deal with that. nothing which is race based, nothing and that is still in our Constitution. I do not want to be misunderstood which takes race into consideration is Our Constitution is not without ref- that I do not appreciate and am not acceptable or constitutional because erence to slavery. Our Constitution grateful for the action taken today. I the 14th amendment is an amendment clearly shows that we have a problem, certainly think we acted in the most which calls for equal protection under America has a problem that should be noble way in dealing with the burning the law. Everybody should be treated remedied. Part of the remedy was un- of black churches in a forceful piece of equal. So the court has distorted that dertaken in the 13th, 14th, and 15th legislation today. I agree whole- equal protection intent of the 14th amendments to the Constitution after heartedly with the statement made by a terrible Civil War has been fought amendment to mean that we should Democratic leader GEPHARDT last week have a color-blind America, and the over the issue of slavery. when he called upon the Speaker to The burnings of the black churches 14th amendment’s purpose is to estab- take immediate action to vote on a res- in the South relate to the fact that we lish a color-blind America. olution condemning the burning of Af- still have this unfinished business that I think any sophomore who studies rican American churches throughout nobody wants to take care of. So from American history, certainly any law the South. time to time we do things, we get into school student can look at the 14th Mr. GEPHARDT stated that we are an era of 4 or 5 years where we are amendment in the Constitution and here today, quoting from his statement going backwards on race relations. We clearly state that the 14th amendment, of last Wednesday, June 12, we are here are saying and doing things at high the 14th amendment was all about cor- today for a very simple reason. There levels of government that encourage recting the injustices caused by slav- is no criminal act, no criminal act the people at lower levels who have ery. The clear intent of the law, the more cowardly, more outrageous, more problems out on the fringes of society time in which it was established, offensive than the burning of places of who believe in violence, who have deep- makes it certain that it was there to worship. When these acts are moti- seated hatreds and prejudices that they deal with slavery. So because you have vated by racial hatred, the offense is cannot control. They get out of hand Justice Thomas there, the Supreme even greater. We believe that the U.S. because they hear a message coming Court’s logic, the Supreme Court’s ob- Congress has an obligation to condemn from the top that we want to roll back vious refusal to interpret the Constitu- the recent rash of church fires and then the clock and deal with these people in tion in the context of what the framers to impose tougher laws to crack down a different manner. It happened in Hit- intended, what the Congress intended on the people who perpetuate these ler Germany. It happens from time to at the time that it initiated the 14th crimes. time in this society. amendment, what the States intended We are asking Speaker GINGRICH to Mr. Speaker, the best remedy for it at the time they ratified the 14th schedule an immediate vote on a reso- of course is what happened today. That amendment, the refusal to recognize lution condemning the burnings of Af- all the leadership, Republican, Demo- rican American churches throughout that is a blatant omission that has to crats, the Speaker, the Democratic mi- the South. The American people should have a racist motivation. nority leader, everybody moved in im- They are hell bent on destroying af- mediately to try to send another mes- know that their Representatives are firmative action programs, setaside sage about the violence that is occur- united against such baseless acts and programs, and they really want to ring. are willing to do everything in their strike down the entire Voting Rights Immediately we want to make cer- power to prevent and punish them. The Act. Recent decisions related to Texas, tain that they understand that we are next step is passing the Church Arson related to North Carolina are moving not in favor of those kinds of actions. Prevention Act of 1996, to make it in that direction. Pretty soon you will On the other hand, we are undertaking much easier to prosecute and punish have the Supreme Court probably say- from day-to-day activities which send a those who burn, desecrate or damage ing the whole Voting Rights Act must different message. When you have ex- religious property. We believe this can go because it militates against a color- treme budget cuts and those budget be done on a bipartisan basis. When blind America, where race should not cuts fall primarily on the poorest peo- these kinds of crimes occur, it is not ever have been considered. The 14th ple in our society and 60 to 70 percent just the churchgoers who suffer; it is amendment is used as the rationale for of the poorest people in our society our conscience as a Nation. The right that, and the 14th amendment cer- happen to be the descendants of slaves, to worship in freedom and safety re- tainly does not do that. The 14th they happen to be African Americans, I gardless of race, religious faith or eth- amendment is established, was created mean 60 to 70 percent of the descend- nic origin is the very foundation of our and conceived, executed within the ants of slaves happen to be poor. Afri- country. We pledge to do everything in context of trying to remedy the past can Americans are in that category, our power to protect that right for all wrongs of slavery. living in large cities. The hostility to- Americans at all times. Mr. Speaker, there was a 13th amend- ward large cities is clearly manifest by I include Mr. GEPHARDT’s full state- ment which freed the slaves. There was the kind of legislation that has been ment for the RECORD: a 14th amendment which gave them, promulgated by the Congress over the STATEMENT BY HOUSE DEMOCRATIC LEADER the salves, equal rights. There was a past 10 years, hostility toward the RICHARD A. GEPHARDT URGING HOUSE RESO- 15th amendment which gave the slaves cities where we are taking away re- LUTION CONDEMNING CHURCH-BURNING the right to vote. If you want to look sources, destroying programs that help ‘‘We’re here today for a very simple reason: at the Constitution, you will see that the populations in the city, the urban there is no criminal act more cowardly, more the 14th amendment says much more population from transportation pro- outrageous, more offensive than the burning than is usually quoted when the Su- of places of worship. When these acts are mo- grams to programs for housing, you tivated by racial hated, the offense is even preme Court talks about equal protec- name it. greater. tion. The 14th amendment really goes Clearly everything that benefits peo- ‘‘We believe the United States Congress into other problems related to slavery. ple in the cities has been dealt with in has an obligation to condemn the recent rash June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6495 of church fires, and then to impose tougher contain them. That is important, to to race relations in this country is fa- laws to crack down on the people who per- send them a message we are not going vorable of the perception that favor- petrate these crimes. to tolerate, they do not have any sym- able treatment of African-Americans, ‘‘We’re asking Speaker Gingrich to sched- ule an immediate vote on a resolution con- pathy in high places. We also ought to favorable treatment of the descendants demning the burning of African-American look behind the causes and understand of slaves, is wrong. This upsets people churches throughout the South. The Amer- what is going on in order to prevent a and angers them a great deal. It is ican people should know that their rep- spread, an escalation, of these kinds of wrong to have affirmative action, it is resentatives are united against such baseless activities out there with respect to the wrong to have set-asides, the rewarding acts, and are willing to do everything in acting out of race hatreds and preju- of contracts, it is wrong to have a Vot- their power to prevent and punish them. dices. ing Rights Act which, in my opinion, is ‘‘The next step is passing the Church Arson Another factor is that experts say a very conservative political remedy Prevention Act of 1996—to make it much that a volatile mix of polarizing social easier to prosecute and punish those who for a very clear problem that was iden- burn, desecrate, or damage religious prop- and economic events, pitting citizens tified for decades. erty. We believe this can be done on a bipar- against government and white against The Voting Rights Act was fashioned tisan basis. black, has exploded in a kind of domes- as a result of trying to deal with the ‘‘When these kinds of crimes occur, it is tic terrorism that has left these fact that for more than a hundred not just the church-goers who suffer—it is churches burning across the South po- years people of African-American des- our conscience as a nation. The right to wor- larizing social and economic events cent, descendants of slaves, were not ship in freedom and safety—regardless of and political events. The fact that race, religious faith, or ethnic origin—is the allowed to vote in the south. All kinds very foundation of our country. We pledge to South Carolina has had a great debate of tricks were used. We have to wage do everything in our power to protect that over the removal of a Confederate flag, all kinds of legal battles in the courts, right for all Americans, at all times.’’ the fact that there are economic ten- we have to have sit-ins and marches I think that we did it today. We sions in that part of the country as and demonstrations, and on and on it passed that piece of legislation, the well as most of the country because of went for a long time before the simple Church Arson Prevention Act. It may the fact that jobs are leaving and there matter of allowing a black person to go be interesting to note a few facts about are fears of losing jobs and all kinds of to a poll and vote could be accom- the church burnings. More than 30 economic fears of this generation about plished, and the Voting Rights Act was black churches in eight States from what is going to happen to their chil- an attempt to remedy the fact that as Louisiana to Virginia have been burned dren; those are all parts of these events a result of that denial to vote, a right in the past 18 months. That is a very that end up pitting citizens against to vote, you had circumstances that important fact. It has been escalating citizens and citizens against govern- generated a situation where there was in the last 2 months, but now more ment, and added to that is a message no adequate representation by blacks than 30 black churches in eight south- being sent that in particular there is in government at any level. At city ern States have been burned. an evil related to the Voting Rights levels and State levels and at the Fed- The largest percentage of those burn- Act, there is an evil related to the set- eral level you had grossly inadequate ings have taken place in South Caro- aside programs to affirmative action. representation as a result of all of lina. South Carolina, I will mention The messages are being sent that these these injustices related to voting later, is a special State in terms of the things are part of a problem and cer- rights that have been perpetrated for kind of discussion that I am putting tain people are being encouraged to more than a hundred years. The Voting forth about American history and the focus on black churches as being the Rights Act was to correct that. need to confront the issue of slavery citadels of the movement or the insti- So the Voting Rights Act is part of and what the impact of slavery has tution which holds together black com- the remedies that are necessary to deal been on our Nation and what the con- munities. When you strike at black with what has happened in American sequences of slavery have been on the churches, you are striking at the heart history with respect to slavery. African-American population. The of the black community. When we teach history to children in State of South Carolina still flies the One other factor that ought to be schools like the one that Clarence Confederate flag above its capitol. It pointed out is that since early 1995 the Thomas visited, the school that had an has something to answer. It has some ATF has probed 25 suspicious fires at awards night and invited Justice important questions to answer. What mostly white churches. In addition to Thomas; when you teach history to does it do to have the flag, the Confed- predominantly black churches or all those children, how do you deal with erate flag flying over the capitol, black churches, there have been 25 sus- the fact that most of the history books which is the capitol of South Carolina picious fires of mostly white churches. do not discuss this 235 years of slavery for all the people of South Carolina, in- Now the word ‘‘mostly’’ is the one and the implications of having a popu- cluding the descendants of slaves? you look at closely. A mostly white lation enslaved for 235 years? Most of Another fact that we ought to con- church means that it is a white church the history books do not talk about sider is that almost all those arrested that has black members also. It means slave labor and the fact that slaves had so far, there have been churches burned that it is a white church that was pre- to work for nothing. Most of the his- and there have been no people arrested. dominantly white or almost all white tory books do not talk about the fact They have not caught any suspects or before that has admitted black parish- that for 235 years the slaves were pre- perpetrators, but those who have been ioners or black members to the con- vented from acquiring assets. arrested have been young white men. gregation. Nothing is hated more in They were prevented from acquiring They have been typically members of the South by the racists and by the property. For 235 years one generation hate groups, including the Ku Klux people who are capable of this kind of had nothing to pass on to another gen- Klan, the Aryan nation and the activity than integration. So a mostly eration. Most of the history books do skinheads. white church is a church that has ad- not talk about that. Most of the his- mitted black members. That is defi- tory books do not want to deal with b 2045 nitely going to be a target; they are in the economic consequences of 235 years These are facts that are very impor- the same category as the black church- of slavery. tant. There are people out there on the es as far as being targets of hatred. So A youngster who is black in a school fringes of society who have these deep it is the same phenomena. with whites, whites who have a history seated hatreds, prejudices, and who be- I think that if you are going to get to of having had assets, property handed lieve in violence, and they are acting the heart of what is happening and not down from one generation to another, out at this time, and I say the reason have it continue to escalate, you have most people in America who have as- that they are acting out is something to go back and take a look at the his- sets, overwhelming majority of people that we should look at very closely. We tory of the South, the history of this who have assets, have property in the should not just be content to pass an Nation and what is going on with re- form of homes or real estate that was act today which is going to deal with spect to race relations. One of the irri- handed down from one generation to what is happening right now which will tants that keeps occurring with respect another or was sponsored and financed H6496 CONGRESSIONAL RECORD — HOUSE June 18, 1996 by the older generation. Couples have quite significant. Those whose families compensate for and to counteract 232 parents who either give or loan them had inadequate income when they were years of slavery, and 100 years after the money for the mortgage. They have in early education situations and later that, by the way, of very intensive situations where furniture and prop- acquired it when they went to high pressure. erty, stocks and bonds, various assets school, they do not perform as well. There is an article that appeared in are passed down from one generation to The income is the variable. It is the the Washington Post this past Sunday another. If you have 235 years where same among whites who do not have by Lynn Cooper, and that article you have nothing, where you are not the right income level that supports talked about slavery that existed long allowed to own anything, you do not the right kind of nurturing environ- after the Civil War, after the Emanci- have any property, you are forced to ment at early ages. The same problem pation Proclamation and after the work for nothing, then you start 235 results in white families and with the 13th, 14th, and 15th amendments, slav- years behind, and every black young- white children as it does with the Afri- ery that was permitted by governments ster in a school ought to know that can American children. in the South, slavery that never was your self-esteem and your sense of self- Studies like these are sort of widely sufficiently challenged by the National worth should not be impacted, should introduced into the academic stream, Government, the Federal Government. not be affected without taking that and there is not much said about it. He talks in great detail. It is a long ar- into consideration. You cannot com- There was a book put out called the ticle this past Sunday, June 16, in the pare yourself with your peers who have Bell Curve, which was greatly cele- Washington Post Sunday Style section the benefits of all of this hand-down brated, and the Bell Curve was out to by Lynn Cooper. It gives concrete ex- from one generation to another, who demonstrate what scientists have gen- amples of what happened as the share had the benefit of what goes along with erally disproven over the years, that cropper system and the peon system assets and property and wealth. there is definitely a correlation be- and various other systems developed, There is a correlation which is clear, tween IQ and achievement and race, which endured for almost 100 years and nobody questions it, between as- and that black people, people of Afri- after the Emancipation Proclamation. sets, wealth, and education. The people can decent, are inferior with respect to b 2100 who have more income get better edu- achievement and with respect to IQ. So all of these things become a part cation. There are recent studies that These studies will show you differently of what history should teach, and if it confirm the relationship between in- and show you that there is a factor of come and achievement regardless of fails to teach, it denies a basic ingredi- income and a factor of nurturing that ent to the public discourse and the pub- race. A lot of statements have been goes with income and a factor of edu- made about the fact that middle class lic dialogue which one day might get it cational level that goes with income all straight and be able to deal in a black youngsters do not achieve in the that has a great impact on how chil- same way that middle class white more intelligent way and a more sym- dren achieve and on their IQ. pathetic way and a way which is more youngsters achieve. Well, when you So, if you have a situation where for in the national interest and than we study middle class and you define it 232 years nothing was passed down, for are presently doing. more closely in terms of real income, 232 years there was no property, in- If you do not look at history and ac- and when you make the comparisons come was at a measly level, then the knowledge the truths of history, you by income and you compare the income recent prosperity of African Americans are going to make decisions which are on the basis of what was the income on in the middle class is not enough be- going to be distorted and continue to a steady basis throughout the life of a cause they do not come from a tradi- warp the public discourse and the pub- child, was it there when they were tion that was handed down that was lic decision-making process. We are in young and most formative? Did they nurtured where there was books, where that period now. We are right now in a lose the income as they got older? there was wisdom passed all around the period where the Voting Rights Act is There is a study which has been done table by people who were already edu- about to be struck down, and yet that which has been very useful in this re- cated. There is a whole culture that is probably the one piece of legislation spect, and they give the big lie to the comes with income at a certain level, which is most crucial to the correction theory that income does not impact on and the culture was not there to nur- of the 235 years of criminal slavery and all groups regardless of race, religion ture educational achievement and to the aftermath of that slavery. or color, including African American nurture IQ. The Voting Rights Act does put, not children. They are as susceptible to the So the youngster, the child, who is only in the Congress but in the State impact of income. When they have the African American in a public school legislatures and in the local councils income in black families, they behave needs to know that there is a whole and local governments, put in place in just the same way as children in history back there you have no control people who represent the descendents white families. over. There is a whole history where of slaves and who will be able to take There is a study that recently was you were deprived of the opportunity action on an ongoing basis to have a concluded by Greg Duncan at North- to pass on assets and property, and for point of view which is going to help western University National Institute that reason, for that reason, it is not a correct some of the numerous problems of Childhood Health and Human Devel- great shame for the society to develop that still exist in our society as a re- opment which talked about, which is programs which are going to seek to sult of those 235 years of slavery. entitled, Family and Child Well-being compensate for those 232 years and the The church burnings are there be- Research Network, and it is part of the tradition that they failed to hand down cause at the top the Supreme Court is effort of family and child well-being re- for those 232 years and the property saying, blacks, you have been too arro- search network, and their conclusions that they fail to hand down. Affirma- gant. Blacks, you have demanded too are that when you compare the income tive action compensatory education much. Blacks, you do not deserve spe- and you study it closely and you see programs become vital if you are going cial treatment. Blacks, you are taking that in the most formative years of life to try to remedy the evils of 232 years. away from other people. The Supreme children have a certain income, those Justice Clarence Thomas says no. All Court sends down that message. white children and black children who of a sudden, although he is the bene- The Congress of the United States have the same income in the formative ficiary of compensatory programs, all says, blacks, you do not deserve to years of life, early years of schooling, of a sudden they are programs that have programs which provide aid to they preform in much the same way re- might make people too reliant or too poor people. A large percentage of your gardless of race as they grow older. dependent. He has benefited in many people are poor, but that is a crime When you have youngsters who lose, ways, but now he joins with a group of that you have committed, being poor. who do not have the income that sup- racists on the Supreme Court to inter- Being poor has nothing to do with 235 ports a certain level of family life at pret the 14th amendment to mean that years of slavery. Being poor has noth- the early ages, and they later acquire you cannot take race into consider- ing to do with schools that for a long it when they get into high school, then ation in trying to foster programs time were not equal. They were sepa- you do have a problem. The change is which are seeking to remedy and to rate but not equal, schools that right June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6497 now are still in horrible shape in our The 40 acres and a mule was promised get it, it is in the Library of Congress, urban centers, where most black by the Freedmens Bureau. The Freed- and I am sure it is in other libraries. youngsters go to school All this has mens Bureau was a social program, the South Carolina in 1708 had 57 percent nothing to do with your condition. All very first social program the Federal of its population that were slaves. In this has nothing to do with the crime Government ever financed. It probably 1720, 64 percent of the population of rate. All this has nothing to do with had the shortest life, also. It endured South Carolina was slaves. In 1830, they the high rate of blacks on welfare. Let for about 10 years a little less than 10 still had 54 percent of the population us dismiss all of this. Let us not accept years. But the Freedmens Bureau was who were slaves. In 1860, 57 percent of it as being there. It is not real. attached to the Union Army, and they the population were slaves. These are In South Africa they have a truth at one point started experiments where official counts that the States them- commission. The truth commission has slaves were given 40 acres and a mule selves used, because each State bene- been appointed, not to get revenge, and in order to farm the land that had been fited by properly counting its slaves, or not even to punish many people who owned by the Confederates, people who sometimes maybe overcounting them, are still living who committed gross supported the Confederacy. That was but they were willing to offer these fig- and obvious crimes during the period an extensive measure that probably ures, and they were verified to some when apartheid existed. They just want went to the extreme. extent by national census takers. In to tell the truth. They want to get it President Johnson wiped all that out 1860, 5 years before the end of the Civil out. Nobody is going to be punished in with a decree, and Congress later on War, 57 percent of the people of South many instances, but just tell the truth gave back all the lands. They went Carolina were slaves. More slaves ex- as to what is happening with the police from one extreme of taking everything isted there than other people. and oppression, what is happening away from the southern plantation This is significant because if we look when people were put off their land by owners to giving everything back to at the other Southern States we find trickery and by various devices that them and making no provision for the similar patterns where large percent- were developed by the government. slaves who had labored for 235 years for ages, and at one point Virginia had as Tell the truth, no vengeance. no compensation. So we went from one much as 45 percent of the population I said before on a couple of occasions extreme to another, and then we went who were slaves. Mississippi had 55 per- here, especially in connection with into a period of amnesia, wiping it all cent in 1810, and Louisiana had 51 per- Haiti, that reconciliation is more im- out and acting as if it does not exist, so cent in 1830; you know, populations of portant than justice. Reconciliation much so that when the Confederate slaves greater than the other people, sometimes is the only thing possible. flag is flown now, people do not under- and yet all of these victims and their You cannot get justice. In Haiti, they stand why the victims, the slaves or descendants are sort of not to be re- do not even have the resources to build the descendants of slaves, should be garded in the present situation which jails and prisons for all the people who upset in South Carolina. exists where we want to ignore and for- murdered people over a 3-year period Why should they care about the Con- get about the existence of slavery. after President Aristide was kicked out federate flag being flown? After all, What am I trying to say? It is kind of of Haiti. Five thousand people were brave men died. We do not want to complicated, but what I am trying to killed, 5,000 people brutally murdered. trample on memories and deeds of the say is that all these various items that Other people were tortured. All kinds brave men who died under that flag, I have talked about here relate. The of things happened. but we do not think you are acknowl- burning of the black churches is a But if they put their meager re- edging history properly if you insist symptom of a disease that runs in the sources to work building prisons, try- those brave men’s flag must fly over blood of America. Every now and then ing to set up a court system, and pay- the State Capitol and be the flag that that disease breaks forth, and the boils ing attention only to getting justice, has to be honored by the victims who, and the canker sores show themselves. they would have nothing left over to in large numbers their descendants They will get worse if you do not take build an economic system, to develop still exist. action. jobs and do other kinds of things that In fact, South Carolina, the State We took action today to start revers- have to be done. They have to give up. where you have the most church burn- ing that, but the disease has to be dealt There will be no justice. Reconciliation ings, also happens to be the State that with. We are not dealing with the dis- is what President Aristide is forced to had the largest slave population. There ease when we have Supreme Court deci- preach. is a book called Slavery and Social sions which strike down the Voting It probably makes a lot of sense. The Death by Orlando Patterson which Rights Act. We are not dealing with deep philosophy of Christianity, that breaks out the populations for slaves in the disease when we attack affirmative vengeance belongs to God and turning this country during certain periods action. We are not dealing with the dis- the other cheek, a lot of things that when they were counting, and it talks ease when we go after set-asides for have been ridiculed about the Christian about the fact that each State had a Federal contracts. We are not dealing religion, makes a lot of sense in the certain percentage of the population with the disease when we have extrem- context where if you are in a situation that was a slave percentage. ist budget cuts which cut programs where you do not have the capacity to There were times in America where that benefit the descendants of slaves get justice, then certainly life must go certain States had more slaves than who live in big cities on a regular on and reconciliation becomes the only other States, and South Carolina prob- basis. The hostility shown by the Con- possibility. ably was in the worst shape. South gress and its policies are aimed at that I think Abraham Lincoln when he Carolina is the State which has the population. said malice towards none understood most church burnings. South Carolina We are not dealing with the disease that very clearly; that to seek justice is the State which has a Confederate in the blood of America. We are not would have led to more chaos, guerrilla flag flying. There has been a lot of con- dealing with the disease when we fail warfare, all kinds of confusion, but the troversy about it. The oppressive pre- to teach history that at least tells the malice towards none, and the fact that vious government of South Carolina truth and states the facts so you would the Congress in the next 10 years pro- before the Civil War, everybody has have a chance of getting at the truth. ceeded to absolve all of the people who amnesia about that, does not want to We are not dealing with the disease rebelled against the central govern- acknowledge that. They were heroes, when we allow black children to accept ment from any crimes, to give back the flag must be flown. a Supreme Court Justice like Clarence property that had been threatened, all In 1708, 57 percent of the population Thomas as a role model without chal- kinds of things were done to smooth it of South Carolina were slaves, accord- lenging that. It was challenged, and all out, going to an extreme. The mal- ing to the records that were offered in that is part of what I want to talk ice towards none led to wiping out, this very thorough book called ‘‘Slav- about, because it all relates. taking a position of amnesia, that ery and Social Death’’ by Orlando Pat- When Justice Thomas was invited to there was no crime committed. There terson, published in 1982 by Harvard speak to an awards ceremony at a were no crimes, there are no victims. University Press. If you would like to school in Prince Georges County by a H6498 CONGRESSIONAL RECORD — HOUSE June 18, 1996 teacher, a school board member, once on affirmative action that helped him, of philosophy that Hitler was advocat- he heard about it, it happened to be a he is a man who is very hostile to poli- ing. school in the district that he rep- cies and programs that promote oppor- All kinds of things could have hap- resented, once he heard about it, he tunities for his own people, opportuni- pened if the rightness of Lincoln’s posi- challenged it. He said, given the fact ties that are designed to correct the tion had not been enforced by a chal- that this is a predominantly black dis- past injustices of slavery and discrimi- lenge to the Confederacy. trict, these are children who are black, nation and oppression. You could say There is a right and a wrong inter- they ought to know more about Clar- factually that is the case. nationally. Lincoln is a great hero. The ence Thomas and the kinds of decisions But there should be an addendum to Prime Minister of Czechoslovakia, the that he is making, and we ought to that curriculum in areas where black first Prime Minister after Communist have a way to communicate that if he children are being taught. There should rule was overthrown, visited the White is going to come to the school. An be clearly an opportunity to have a House and Mrs. Bush, upon the occa- awards ceremony where he comes and greater discussion of what that means. sion that the Congressional Black Cau- makes a presentation and nobody has a There should be a clear way to discuss cus was visiting the White House, she chance to talk about him or he talk the fact that large percentages of the explained that when he came into the and answer any questions, so forth, black population have branded Justice room where Lincoln had stayed and that is not the appropriate arena for Clarence Thomas as a traitor to his where the Emancipation Proclamation having a controversial figure like Clar- own people. was signed, he looked at the Emanci- ence Thomas come and interact with What does it mean to be a traitor? pation Proclamation and he broke black children. Benedict Arnold was a traitor. Every- down in tears. I think this was a most appropriate body accepts that. Benedict Arnold was Here is a man from Czechoslovakia, a challenge by Kenneth Johnson of the a traitor. I do not think that nec- man who had been under Communist Prince Georges County Board of Edu- essarily the British schoolchildren of rules, had been in prison, his great idol cation. I think Mr. Johnson was right that time would call Benedict Arnold a was Abraham Lincoln, and the Emanci- in questioning. I do not think this was traitor. Benedict Arnold may be called pation Proclamation, which was a a matter of questioning free speech a hero in England in the service of the Presidential Executive order that set prerogatives of Mr. Thomas or the peo- king. Benedict Arnold might have been the slaves free, brought him to tears ple who wanted to hear Mr. Thomas given some great justification for his immediately. who were adults. actions. The king and the people who So internationally, in the court of However, we always apply free speech supported keeping the American colo- international morality and justice, differently when we are dealing with nies as part of the British Empire Abraham Lincoln was right and the children. We do not allow free speech might have argued that Benedict Ar- other folks were wrong. Slavery was to predominate on our airways or in nold was a champion of law and order, wrong. We have made that decision. any arena, books. Nowhere do we say that the colonists had no right to rebel Our textbooks are to reflect it that that free speech should be the order of against the lawful government of Eng- way. We are to recognize that that is the day when we are dealing with chil- land. the national norm. dren. We make exceptions for children. They could argue that, and make a If slavery was wrong, then remedies If children should not see pornographic case for it, and make him a hero in the to correct the aftermath of slavery, films, if children should not read por- schools for the children of the British remedies to correct the residue of the nographic passages in books, if chil- back in England. clearly he was a trai- criminal actions of slavery, they have dren ought to be protected from por- tor here, because we had already taken to have some kind of validity. The Vot- nography, if one of these days we are another course. Right and wrong had ing Rights Act has to have validity. going to get around to properly pro- been defined by the Declaration of The Constitution has to have interpre- tecting children from violence on the Independence. tation and must not be distorted by a screen and violence in books and so racist Supreme Court that refuses to b 2115 forth, children are in a different cat- recognize that race in the Constitution egory. Thomas Jefferson talked about cer- is mentioned. We do not protect adults. It is pretty tain inalienable rights. He talked We are mentioned several times, clear. The Supreme Court says you do about self-evident truths. He did not starting with article 1, where they talk not have a right to apply those same deal with the fine points of English about three-fifths of all other persons, standards to adults but you do have a law. If he had continued to try to nego- they are clearly referring to slaves. Ev- right for children. So children should tiate with the King and negotiate with erybody knows the intent of the Con- be protected against political fraud. the British, we would still probably be stitution. Nobody has challenged the They should be protected against the a colony of England. But he called fact that three-fifths of all other per- situation where they are asked to ac- upon higher powers and declared that sons means three-fifths, that each cept someone as a role model when there are some self-evident truths, that slave, male, should be counted as that person is taking actions which di- there are some inalienable rights. three-fifths of a person when you are rectly are detrimental to them and There is a right and a wrong. counting the population of America. their parents and to future genera- This Nation said when Abraham Lin- And they correct that when they get to tions. coln was mourned and lifted up as one the 13th and 14th amendment where How do you handle that? I think Mr. of the greatest Presidents of the United they set free the slaves in the 13th Thomas should clearly have been al- States, there is a right and a wrong. amendment. lowed to come to speak once he had Abraham Lincoln who presided over The 13th amendment states: Neither been invited, but I think that the the war against slavery, he represents slavery nor involuntary servitude, ex- school board and the people responsible the right. The whole civilized world cept as a punishment for crime whereof should have taken the responsibility of looks to Abraham Lincoln as a person the party shall have been duly con- setting up an alternative forum of sup- who was right in a controversy that victed, shall exist within the United porting Mr. Johnson and having it some people want to still argue about. States, or any place subject to their ju- known exactly what Mr. Johnson was It was right to end slavery in America. risdiction. That is the 13th amend- concerned about. It was right to go to war and have the ment. There is the bigger issue of how is bloodiest battle ever fought by Ameri- The 14th amendment, which is the Mr. Thomas going to be handled in the cans, fought on the soil of America, to subject of controversy, the 14th amend- curriculum in the future. He can be get rid of that slavery. ment which is being used by Sandra handled in one way in the curriculum, America would be in a very different Day O’Connor and her colleagues on and standardized curriculum across the position if two nations existed, one the Court as justification for calling whole country. You can handle it slave and one free, at the time Hitler for a colorblind America, the 14th straight factually: He is a conserv- came to power. We might have had on amendment has section 1, section 2, ative, he is a man who turned his back our very continent allies for the kind section 3, section 4, and section 5, and June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6499

I want to submit for the RECORD, just but the 14th amendment is talking spe- surrection or rebellion, shall not be ques- to have people reminded, the whole cifically about slaves, or people who tioned. But neither the United States nor 14th amendment. were just freed from slavery, and the any State shall assume or pay any debt or obligation incurred in aid of insurrection or Mr. Speaker, I submit for the RECORD 14th amendment is there primarily to rebellion against the United States, or any the whole 14th amendment. deal with the descendants of slaves. claim for the loss or emancipation of any AMENDMENT XIV 1 To argue that it is there to promote slave; but all such debts, obligations and Section 1. All persons born or naturalized a colorblind America is to distort the claims shall be held illegal and void. in the United States and subject to the juris- Constitution, to throw out any concern The 14th amendment was not con- diction thereof, are citizens of the United about what the Congress meant when cerned and preoccupied with colorblind States and of the State wherein they reside. they wrote this, what the States meant America. It was preoccupied with slav- No State shall make or enforce any law when they drafted it. We never do that ery, the Civil War, the aftermath of the which shall abridge the privileges or immu- on any other laws. We are always look- nities of citizens of the United States; nor Civil War, with dealing with people shall any State deprive any person of life, ing for the intent of the Framers, what who had rebelled against the Federal liberty, or property, without due process of the law says. All that is important. Government. I offer this in the hope law; nor deny to any person within its juris- Why all of a sudden is it not important that somebody would go back and diction the equal protection of the laws. that the 14th amendment was drafted, reread it, and especially the Supreme Section 2. Representatives shall be appor- written, ratified in response to correct- Court Justices who dwell on one sec- tioned among the several States according to ing the ills of slavery, establishing the tion and refuse to accept the 14th their respective numbers, counting the whole fact that these people who have just amendment in its total context. It is number of persons in each State, excluding been set free shall also have equal Indians not taxed. But when the right to distorted and twisted. vote at any election for the choice of elec- right, equal protection under the law, Kenneth Johnson did a great service tors for President and Vice President of the these people are the people who were when he pointed out that Justice United States, Representatives in Congress, slaves and their descendants. Thomas is a part of this process of dis- the Executive and Judicial officers of a Section 2, this is in the same 14th torting the 14th amendment in what State, or the members of the Legislature amendment. If you want to challenge results in a racist series of decisions by thereof, is denied to any of the male inhab- my contention that the 14th amend- the Court to roll back the clock and itants of such State, being twenty-one years ment is about slavery and correcting end various constructive kinds of of age, and citizens of the United States, or the ills of slavery, take a look in sec- in any way abridged, except for participation things that have gone forth as a result in rebellion, or other crime, the basis of rep- tion 2, section 3 and section 4. Take a of interpreting the 14th amendment in resentation therein shall be reduced in the look at what they say. They are talk- the proper way and understanding that proportion which the number of such male ing about situations which are related the 14th amendment was the chance to citizens shall bear to the whole number of to correcting the upheaval, the situa- deal with the problem of slavery in the male citizens twenty-one years of age in tion that resulted as a result of rebel- proper context. such State. lion against the United States. Mr. Speaker, I was going to also give Section 3. No person shall be a Senator or In Section 2, I will not read it all, an example of how a recent book by Representative in Congress, or elector of they state: ‘‘But when the right to vote President and Vice President, or hold any of- Daniel Gohagen called ‘‘Hitler’s Will- fice, civil or military, under the United at any election for the choice of elec- ing Executioners’’ confirms the kind of States, or under any State, who, having pre- tors for President and Vice President situation I am talking about where if viously taken an oath, as a member of Con- of the United States, Representatives you fail to deal with underlying preju- gress, or as an officer of the United States, in Congress, the Executive and Judicial dices and hostilities in a society, it will or as a member of any State legislature, or officers of a State, or the members of blossom forth in a diseased way and as an executive or judicial officer of any the Legislature thereof, is denied to sometimes it will get out of control. State, to support the Constitution of the any of the male inhabitants of such Certainly, if the central government United States, shall have engaged in insur- State, being 21 years of age, and citi- rection or rebellion against the same, or and leaders of government condone it given aid or comfort to the enemies thereof. zens of the United States, or in any and encourage it, it gets out of control. But Congress may by a vote of two-thirds of way abridged, except for participation I would like to end my remarks by each House, remove such disability. in rebellion, or other crime, the basis saying, by taking actions against the Section 4. The validity of the public debt of of representation therein shall be re- church burnings in a forceful way the United States, authorized by law, includ- duced in the proportion which the today, we have shown that the leaders ing debts incurred for payment of pensions number of such male citizens shall bear of this central government will take and bounties for services in suppressing in- to the whole number’’ except in rebel- firm action against such activities and surrection or rebellion, shall not be ques- lion, participation in rebellion. elementary and rudimentary efforts tioned. But neither the United States nor any State shall assume or pay any debt or When the 14th amendment was writ- have been taken to stamp out this dis- obligation incurred in aid of insurrection or ten, they still had rebellion of the Con- ease. We need to go further and try to rebellion against the United States, or any federacy on their mind. Section 2 get to the root causes. claim for the loss or emancipation of any makes it clear that they had that in f slave; but all such debts, obligations and their mind. claims shall be held illegal and void. I will read all of section 3: PROTECTING AMERICA’S PATENTS Section 5. The Congress shall have power No person shall be a Senator or Represent- The SPEAKER pro tempore (Mr. FOX to enforce, by appropriate legislation, the ative in Congress, or elector of President and of Pennsylvania). Under the Speaker’s provisions of this article. Vice President, or hold any office, civil or announced policy of May 12, 1995, the Section 1 states: military, under the United States, or under gentleman from California [Mr. All persons born or naturalized in the any State, who, having previously taken an ROHRABACHER] is recognized for 60 min- United States, and subject to the jurisdic- oath, as a member of Congress, or as an offi- utes. tion thereof, are citizens of the United cer of the United States, or as a member of Mr. ROHRABACHER. Mr. Speaker, I States and of the State wherein they reside. any State legislature, or as an executive or judicial officer of any State, to support the agree that we voted today to get to the No State shall make or enforce any law root causes and to condemn the hatred which shall abridge the privileges or immu- Constitution of the United States, shall have nities of citizens of the United States; nor engaged in insurrection or rebellion against that resulted in the warped mind that shall any State deprive any person of life, the same, or given aid or comfort to the en- resulted in the burning of black liberty, or property, without due process of emies thereof. churches in America, or synagogues or law; nor deny to any person within its juris- They were concerned about the car- any other kind of churches, that this is diction the equal protection of the laws. ryover and what was left over from the not something we can tolerate in Who are they talking about particu- situation of the Civil War which was America. larly, specifically? The 13th amend- fought to end slavery. But let us say the root causes of that ment that came before freed the slaves, Section 4. The validity of the public debt of type of bigotry are found in the same the United States, authorized by law, includ- type of actions that try to limit peo- 1 The Fourteenth Amendment was ratified July 9, ing debts incurred for payment of pensions ple’s right to speak because they dis- 1868. and bounties for services in suppressing in- agree with you. They feel you have a H6500 CONGRESSIONAL RECORD — HOUSE June 18, 1996 right to prevent someone from speak- Today we have not totally reached that What about Eli Whitney’s cotton gin, ing, whether at a high school gradua- dream but that is what we are trying which created enough clothing for peo- tion or a college graduation. Discour- to do. Here was also this richness of di- ple to wear and brought down the price tesy is one step away from tyranny, versity that would make America of clothing, or Cyrus McCormick’s and I have seen that throughout my unique among the nations. reaper, or Thomas Edison’s electric life. b 2130 light bulb, or Sam Morse’s telegraph, Clarence Thomas is a man of extraor- or Alexander Graham Bell’s telephone, dinary courage, honor, and intel- Our new country would not be held things that changed the world forever. ligence. He has stood up against a lib- together by a common culture or com- Where were they created? Where were eral political machine that he knew mon race or common religion. No, it they invented? Right her in the United would try to destroy him personally would be a love of liberty that would States. rather than debate his ideas. It is trag- unite us and a commitment to the In the late 1880’s, it was seriously ic that this mean-spirited attack con- principles of liberty and justice that suggested, in fact, because our people tinues on Justice Thomas. He deserves would hold us together. One thing else had been so creative and created so the respect of America and at the very gave them an unbridled positive view much that the Patent Office be shut least he deserves to be treated cour- toward the future. They believed that down because, ‘‘Everything that can be teously. Unfortunately, many liberals technology would lift the standard of invented has been invented.’’ At that do not know what the meaning of cour- all human beings with the production very moment, two working men, broth- tesy is. of new wealth. ers who owned a modest bicycle repair With that, let me say that one thing America would not be about dividing shop, were working on a machine that about America is that we have diverse wealth, it would be about building, would lift mankind into the heavens. values. This is something we rejoice in. planting, engineering, and creating Mr. Speaker, the Wright brothers We are a land of diversity. People can- new wealth. After all, we were the demonstrated the indomitable spirit, not say it enough. This is a blessed most undeveloped country of the world what was hailed as exemplary, as the land. Yes, it has faults, many faults. at that time. Thomas Jefferson’s home best of our country. Yet these two peo- We will work together as Americans in Monticello is filled with his personal ple were basically on their own. They who love freedom to try to fix those inventions, inventions of little tech- had some investors. They were not men faults. nologies that he know would help lift of education or wealth. They were ordi- That is the way it has been since our some of the burden right there on his nary working people who changed the founding. We had a lot of faults back own farm and, if emulated, lift the bur- lives of every person on this planet. then. While I am grateful to our den elsewhere throughout the country. So why has it been America? Why Founding Fathers and our founding Ben Franklin was not just the grand was it that those two individuals were mothers, I do not idealize them as old man of the American revolution. able to succeed? Certainly not our race being perfect. But in those days 200 He was an internationally acclaimed because we have many different races years ago, they did have a dream and technologist, having invented the pot- and ethnic backgrounds. It certainly they did give us something to work bellied stove, bifocals and having ex- was not our religion. We have many re- with, and we have built a great Nation. perimented with electricity. I do not ligions. It is not our great universities. They began that great Nation and ex- even know if children these days, when The Wright brothers never went to col- pect us to try to perfect it. they read their history books, know lege, although I will have to admit our Our Nation was founded not by Puri- about Benjamin Franklin and his tech- educational institutions certainly have tans alone—Puritans played a role in nological endeavors. They might not helped this. The genius, the unparal- it—but also by malcontents, non- even know about Ben Franklin, for all leled inventiveness of our people can be conformists, individualists, path- I know. found in the fact that our laws have finders, free thinkers, explorers, devel- Well, it is no coincidence that our protected inventors. opers, people who were fiercely inde- Founding Fathers wrote into our Con- We have had the most stringent and pendent and lovers of freedom. Yes, stitution a mandate for the establish- all-encompassing patent laws and pat- there were also slaves that were ment of a national Patent Office where ent protection of any country of the brought here against their will, and we any person could register an invention world. Our laws have fostered private tried to correct that which was a major and would have a guaranteed property investment in innovation. The main- blot on America’s soul. right to ownership of that innovation spring of America’s progress can be They were an optimistic lot, those for a specific number of years. This was found, above all else, in the guaranteed Americans of 100 and 200 years ago, to ensure that inventors and investors patent term and the honest enforce- firmly believing that with liberty and would have an incentive to create the ment of our laws, so that inventors technology, ours would be a shining means to solve problems and to uplift knew their rights would he recognized city on a hill, a beacon of hope for all the standard of living of our people. and protected, investors knew they mankind, where our problems and our The guaranteed patent term works. would be permitted to reap a reward faults would be corrected but where the America had the strongest patent laws for risking their money they invested common man, even then, through hard in the world and our people reaped an in unproven technology. work and responsible behavior could unimaginable reward. One of the lesser known inventors in raise a family in decency, and all would It was no mistake that it was here America, a man who had tremendous have an opportunity to improve them- that Robert Fulton created the steam- impact on the living of our people, was selves and build a Nation as they did. boat. How many people know that the a man named Jan Matzeliger. He came This may sound like hyperbole but it steam engine was created long before from the humblest of beginnings and is not hyperbole. Yes, we had faults, let Robert Fulton? In fact, in ancient for years he was eating corn mush and us admit it. But the fact is we also had Greece, there was a steam engine, but just barely surviving. Because he was dreams. Those who founded our coun- they did not believe the common per- an American of Color, a black Amer- try were dreamers. They could see son should have burdens lifted off of his ican, he suffered unforgivable discrimi- fields that would feed a hungry world shoulder, and in fact a steam engine nation, turned away even from church- and factories that would raise the had been put on a boat crossing the es where he sought to worship God. As standard of living of working people, Rhine River much earlier but the boat- he labored in a shoe company, strenu- and in times of great peril would be- men gathered round and the boatman’s ously stretching, cutting and stitching, come an arsenal for democracy to guild forced that steam engine off the he visualized a machine that would which freedom-loving people of the boat. But here Robert Fulton was able revolutionize production. With little world could turn for salvation. to put that steam engine on a boat and education, he wrote and traced his idea They knew America would succeed. able to patent that concept and to cre- for a complicated piece of equipment. The fundamentals were here. Freedom, ate a piece of equipment that would Living in poverty, he found a couple guaranteed rights for all people. Yes, in change the world and uplift the stand- of old cigar boxes and strings to simu- the beginning it was not all people. ard of living of mankind. late a working model, and although he June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6501 had no status, no credentials and cer- and that is about it. But we, on the citizens. The Members of Congress tainly no collateral, he caught the ear other hand, changed and agreed to to- should understand that that indicates and the eye of two investors who bank- tally harmonize our patent law with some foul play is going on. GATT again rolled his venture for a hefty share of that of Japan. Now that may sound did not require the eliminating of the the profit. On March 20, 1883, a patent really strange to the American people. guaranteed patent term, so it should was issued by the U.S. Patent Office. It may sound really strange to our col- never have been put in there in the Within a few years, Matzeliger’s leagues that someone goes overseas first place. ‘‘lasting machine’’ is what it is called, and makes an agreement to change the Well, I created a stir when I found ‘‘lasting machine’’ was standard equip- basic law of our land, which has been in out that in the GATT implementation ment for shoe manufacturing. The place since the founding of our Con- legislation was this unnecessary or price of shoes began to drop as the av- stitution, and make it mirror that of a unrequired provision, something that erage worker, instead of putting out foreign country. would dramatically change our laws, one or two pairs an hours, could put We did that in exchange for some lit- and so that was 11⁄2 years ago. I was out 50 pairs an hour. The price of shoes tle anemic change in the Japanese law. promised that there would be a chance was cut by 50 percent. Untold millions By the way, that promise may be very to correct this part of the implement- of people benefited from Matzeliger’s similar to Japan’s promises to open ing legislation, that eventually on the invention. For Matzeliger and his in- their markets. Decades ago, Japan floor we would get our chance to vestors, they had the guaranteed pat- promised us they would open their change this. ent term of 17 years in which to reap markets, and basically they promised Well, changes in the patent term of the rewards of an innovation that had and they promised and they promised. course are not easy to understand. uplifted ordinary people. Matzeliger Yet decades later, we still are having Those people who are trying to fun- lived a fruitful life and a full life. When trouble getting our goods into the Jap- damentally change how our Govern- he died, he left a considerable sum of anese market. Perhaps this even weak ment has acted and what or fundamen- money to the churches of his commu- little thing that they gave us in ex- tal laws are on the patent term know nity. But it was stipulated in his will change for totally changing our patent that this is a difficult issue for people that none of the money should go to law, maybe they will treat that the to understand. They are relying on any church that turned him away be- same way as nothing more than scrib- that ignorance, on that inability of cause of the color of his skin. bling on a piece of paper. In the mean- Americans to focus on the intricacies America should have respected all time, Bruce Lehman and multinational of these kind of laws in order to do us the rights of all of its citizens, but even corporations, are doing their God-awful in and to bring down America as the in that great time of discrimination, best to change our patent law, our fun- No. 1 leading economic power in the the rights of technological ownership, damental patent law. They made the world. through the patent law, was so in- agreement with the Japanese to do it. Traditionally, when an American in- grained in our people that the patent Mr. Speaker, now they are coming ventor or investor has filed for a pat- rights of black Americans and people of here with legislation to the Congress to ent, no matter how long it took, re- color were protected. This commit- fulfill their promises to change or law member this was the traditional law, ment served our Nation well. and make it like the Japanese law. the Patent Office could take as long as Now, I am not saying that all of the Well, they tried to do it as quickly as they wanted, and many of the major patent rights and all the property possible and as quietly as possible. patents take 5, 10, even 15 years. But rights of black Americans were pro- Step No. 1 was eliminating that guar- once it was issued, there was a guaran- tected because they obviously were anteed patent term of 17 years. This teed patent term of 17 years to reap the not. But obviously they were protected has been a right of Americans for benefits of new technology. Foreigners to the point where this black American American inventors and American in- or anybody else would use that tech- was able to benefit greatly from his in- vestors for 134 years; before that, it was nology who have to pay royalties to vention. America went on and basically a guaranteed patent term of 14 years. those people who invented the new the history of our country can be seen But it was always a guaranteed patent technologies. Again, it was their right in the development of these new tech- term. No matter how long it took you to a guaranteed patent term of 17 nologies. We went from a desolate fron- to get your patent issued, once you had years, and up until 11⁄2 years ago, when tier to a powerhouse of freedom and op- applied, if it took them 10 years to get that provision was snuck into GATT portunity. There were those who see it issued, you would still have 17 years and the first move to harmonize our the fundamental changes in America, of guaranteed protection. system with Japan’s was put in place. and they are trying to affect what we Well, trying to keep this downgrad- During the time before, and this is be- do in America and they believe in ing of American patent rights quiet fore this change, when the patent was America. But sometimes people who while, instead of coming to Congress issued, everyone was secure in knowing are trying to affect the course of our originally with the very first attack on they would have that 17 years of full history are not so up front about their the patent system, and that is the leg- benefit. goals for our country. islation of changing our patent laws, a This system not only encouraged in- One of the things Bill Clinton did provision was snuck into the imple- ventors but it encouraged investors. after becoming President, one of the menting legislation for the General Thus private dollars by the billions first things he did was to send Bruce Agreement on Trade and Tariff. Now have been allocated in our society for Lehman, his appointee, to head Ameri- that may sound odd as well. But you developing new technologies. ca’s Patent Office to Japan. Now, is see, if you put something in that im- Matzeliger’s two investors knew that, that not funny? Right after getting plementing legislation for the GATT no matter how long it took him to get elected, he appoints someone to head Agreement, Congress was only able to that patent, that, once he got it, they the Patent Office and immediately vote up or down on this one omnibus all would benefit from this invention sends him to Japan. There, Bruce Leh- bill. No amendments were allowed. because they would have a guaranteed man, the new head of our Patent Of- Thus, a Member of Congress would be patent term of 17 years. We did not rely fice, concluded a hushed agreement to forced to vote against the entire world on Government bureaucracy. We relied harmonize America’s patent law to trading system in order to vote against on private investors. We did not rely on that of Japan’s. changing our patent law. taxes by the Federal Government. We Now, we got almost nothing in ex- Many Members of Congress had no relief on innovation through the pri- change for the changes, for exchange idea that they put this into there be- vate sector because we gave people an for our changes. We got almost nothing cause this was total, the tactic was a incentive to invest by guaranteeing a in exchange in the sense that the Japa- total betrayal because we were told patent term. nese law did not change almost any- that the only things that would be put b thing. In fact, there were just a few into the GATT implementation legisla- 2145 anemic restrictions that were placed tion was that which was required by We relied on freedom and the profit on Japanese corporate interferences GATT itself. It was a betrayal on our motive. Well, the new system, which is H6502 CONGRESSIONAL RECORD — HOUSE June 18, 1996 nothing more than the Japanese sys- account, if you can shorten the time ciety as a whole. That is the ultimate tem superimposed on us, is much dif- period that the person actually holds in antifreedom, collectivist freedom, ferent, though again it is very hard to that patent, because now you elon- and has nothing to do with what our understand the significance of these gated the process and he only has that Founding Fathers had in mind. changes and these differences. 20 years, and it is ticking against him, In our country, the rights of the indi- Under the new code, and that is all those royalties that were going into vidual are paramount. These patent under the code that was put in under the bank account of American inven- laws were meant to protect individuals’ this GATT implementation legislation, tors, because they have that 17 guaran- property rights over the rights of nec- the day that an inventor fights for a teed years, now they do not have it. All essarily some huge interest group patent, that day 20 years later he has that money that used to be flowing claiming to speak for the benefit of so- no more rights, he or she has no more into their bank accounts is now re- ciety as a whole. rights to that patent and to that tech- routed into the account of huge foreign We basically believe the individual nology. Twenty years later, and the and domestic and multinational cor- has the right to own his or her prompt time is up. porations. and especially if it is his or her own If it takes 10 years, and, by the way, To claim stolen royalties, of course, creation. That is what our Founding this is the system now in place that re- someone is eventually issued a patent. Fathers did when they put the Patent placed the old system, if it takes 10 An individual must pay lawyers and Office into our Constitution. Our re- years for a patent to be issued because legal specialists to go to court. Get the spect for the property rights of the the bureaucracy is slow or outsiders picture? The little American inventor small farmer and the individual busi- are trying to slow down the process, in going to Samsung or going to nessman is based on an understanding the past the investor still had the guar- Mitsubishi or going to Sony and trying that by protecting the rights of the lit- anteed patent term of 17 years, even if to beat them in court, especially in a tle guy, especially the property rights, it took 10 years to issue. Under this Japanese court? The little guy in our all of us are going to benefit in the new system, after 10 years one-half of country gets ground down. The Wright long run. the investor’s patent term has been Brothers, had that law been in place, We believe it is through individual eaten up. He or she only has 10 years would be smashed by the Mitsubishis of endeavors and personal responsibility left. In other words, the clock is tick- the world. that someone prospers, and when a ing against the inventor, against the Now, get that. The Wright Brothers, population of individuals acts in that innovator, and not against the bu- the equivalent of a Wright brother way, the society prospers. Lehman’s reaucracy. today, beaten down by Mitsubishi, and approach treats individuals as second- Now, anyone who has studied the we end up in the years ahead with the ary and in a collectivist whole, who if process knows that it is not unusual Japanese building all of the major air- they insist on their rights for them- for breakthrough technologies, that is planes flown all around the world, and selves, must and will be crushed. the innovations that change the world, Japanese aircraft workers living at a Of course those trying to challenge these are the innovations that we as higher standard of living, and our aero- our system will never admit this. Americans always invented, that the space engineers living in poverty. Those trying to change the fundamen- innovations that produce the tens of This system which our Patent Com- tal patent law will never believe that is billions of dollars of new wealth often missioner Bruce Lehman wants to what is really guiding them and that is take from 5, 10, and even 15 years for a emulate, he wants American law to be their philosophical premise. patent to issue. like the Japanese, has ill-served the A change is coming, not as part of a For example, the laser took 21 years Japanese people. It might have helped major debate, basically a major debate before the patent was granted. That some of these big corporations and in our whole democratic process. That means under the new system, the in- those people who run the corporations, is not the way the change in our soci- ventor of the laser would have received but little, if any, innovation is born in ety and patent rights for future tech- no benefit, zero benefit, from his inven- Japan. Few, if any, inventions are nology is happening. Instead, it is hap- tion, and the investors in that project started there. The Japanese are right- pening by subterfuge, sneaking provi- would have reaped no benefits. The fully known as copiers and improvers, sions into treaty legislation or an om- microprocessor took 17 years. The not inventors nor innovators. Their nibus bill so that the evil that is tak- microprocessor took 17 years. Under laws, which Bruce Lehman wants ing place will be hard to understand the old system, once it was issued that America to emulate, have permitted and the actual changes will be obscured man had 17 years of patent term left. powerful business conglomerates to run by all the rest of the things in the bill. Under the new system, he would have 3 rough-shod over their people. They When one can force the advocates years left. have beaten down anyone who raises who are trying to press these patent Polypropylene, the plastic they make his or her head. changes, when we force them to en- in which they use to store milk and As far as technological development, gage, they claim that their goal is not other containers, took 33 years before in Japan an inventor who applies for a to destroy America’s traditional patent the inventor received the patent. He significant patent is immediately con- system. That is not what we are trying would have had absolutely no patent fronted with hostile interferences with to do, they say, no. Instead, they are protection, and in fact would have the process. Pressures, official and un- trying to solve a new problem that has probably died a dissolute person know- official, are applied to beat down the been plaguing American business, and ing that his invention had been stolen applicant so that by the time the pat- that is this problem that basically is from him. ent is issued it is a hollow shell. The enriching inventors. They say these in- Now, what does this all mean when rewards are limited. ventors are being enriched, and these the clock is ticking against the inven- However, the rewards are great for inventors are the ones manipulating tor? It means the bureaucracy and spe- some people in Japan. Yeah, the big and gaming the patent system so that cial interests, not only domestic inter- guys, the giant corporations envelop by the time that a 17-year patent term ests, but foreign interests as well, have the innovation and pay little, if any- is actually granted to someone, that leverage on the inventor. During nego- thing, in royalties for the benefit they they have actually more time to col- tiations, which are part of the patent receive, or should we say steal. It is the lect on the other side of their patent. process when someone is looking to get difference between a society based on What they throw up as an excuse for a patent granted, he has to go through individual freedom versus collectivist changing the fundamentals and elimi- these negotiations, the inventor, if the egalitarianism. During the patent de- nating the right of Americans to a 17- clock is ticking against him, he can be bate that we have been having here year guaranteed patent term is some- ground down, because he will or she is over the last year, Bruce Lehman, the thing we call the submarine patent. vulnerable. If a patent can be delayed head of the American Patent Office, Well, that is what they say. You people and the time shortened, what does that constantly claimed the purpose of a are gaming the system. mean? Well, it means all those royal- strong patent law is to facilitate the Certainly, that is true. A few, a very ties that were once going into the bank dissemination of information to the so- few self-serving inventors have been June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6503 able to elongate the process in which Steal American Technologies Act, H.R. going on for 10 years now, and yet no their patent application is being con- 3460, includes a provision to publish one ever heard of submarine patents all sidered, thus putting off the issuing any application of an inventor who those years ago. Those words were not date, which means that the 17 years of uses a continuance to intentionally even part of the patent lexicon when patent protection which they are guar- delay the process. Over and over again, the attempt was made to dismantle anteed end a little bit later rather than in the year and a half that I pushed on America’s patent system and har- a little bit sooner. Of course, they are this issue, I have offered to put into monize it with Japan so long ago. not getting the protection up front as law anything that would curb sub- During the debate over patent law, well during that time period. marine patenting, which some people Mr. LEHMAN has used the bogeyman of Some inventors enjoy royalty bene- claim is a big problem and I am saying the submarine patents; yet when we fits then in the outer years, and if they it is a minuscule problem, but I will do have checked his figures, we found had not gamed the system they would anything, put it in my bill, just so long many of the so-called submarine pat- not be receiving the same benefits in as the change does not eliminate the ents he has spotlighted are not issued the outer years of their 17-year guaran- guaranteed patent term. and published. Why? Yes, there are teed patent time, because their patent Let us have it flagged. If someone is some patents that have not been pub- would have expired. delaying it, let us try to change it by lished and not been issued for a long Well, making things worse, according getting administrative change. Let us time. Do you know why? Almost all of to the other side, if the system is make sure that if someone is delaying them, not almost all but a huge por- gamed for a number of years, let us say the process, it goes to a special board tion of them are defense-related tech- somebody is able to game the system to make sure they cannot delay it. for 10 years to prevent their patent nologies. But the other side would have no Yes, the figures Mr. LEHMAN has from being issued. Other companies compromise. They would not agree to may come up with the same idea and given trying to say these are sub- any changes, except eliminate the those companies must now, because the marine patents, a lot have been not is- guaranteed patent term. Why? Because other person has already applied for sued because they deal with sensitive that is what is in the Japanese law. In their patent, those other companies defense technologies we did not want order to harmonize Japanese law, that must pay royalties to the submarine the world to know about. But, again, if is what we had to do. patenter when he comes to the surface it is a problem in terms of having peo- So, what was their motive if they and gets his patent. Because a patent ple game the system and delaying the were not going to change the law? It application is secret until the patent is application, we can handle it with basi- might have been they wanted to har- issued, the other companies did not cally administrative reforms, rather monize our law with Japan, and sub- even know they were going to have to than totally obliterating the system marine patent, well, maybe that was pay royalties for using this innovation. and eliminating the guaranteed patent Thus, it is a ripoff and unfair. That is just something used as an excuse or term. the argument on the other side. perhaps they were really upset about My bill, H.R. 359, would reinstate the Submarine patents, however, may or it. But whatever it is, let us say this: guaranteed patent term of 17 years and may not be the problem. Whatever. That if someone tells you that they are facilitate any action against the ma- That some people game the process, concerned about your health and you nipulation of the system. Then, by well, that could be true, but that is no are complaining to a doctor, you have mandating the publication of applica- excuse for eliminating the guaranteed trusted yourself to someone to make a tions of people who are intentionally patent term of the American people. medical decision for you, and have a delaying the system, we could prevent That is like saying if someone abuses hangnail on your foot, if that doctor them from delaying the system and the right of freedom of speech, that we insists on cutting your leg off in order having a submarine patent. can come in and destroy people’s right to correct that problem with your I am offering this as a substitute for for freedom of speech. Or someone hangnail, you better get a new doctor. H.R. 3460, which is a patent bill de- abuses a religious freedom, we just b 2200 signed basically to complete the de- eliminate the religious freedom guar- And that is what they are proposing struction of our current patent protec- anteed our people. tion system. And basically this whole Let us remember this: The vast ma- here. We have a submarine patent prob- lem that affects a minuscule number of maneuver to destroy our patent system jority of all patent applicants, and I and replace it with the Japanese start- am talking about more than 99 percent, people, so we are going to destroy the patent rights of all of the American ed, step one, with the GATT implemen- are doing everything in their power tation legislation. that they can possibly do to get their people to a guaranteed patent right. H.R. 3460 is step two, and better than patent issued as soon as possible. They Well, that makes no sense. And if a anything else it demonstrates what is beg, they plead, please, issue the pat- doctor tried to tell me, well, no, I am really going on. This one is easy to un- ent, because they will not receive any really concerned; I am concerned about derstand. It is understandable to the benefits until it is issued. your health, and that is why we are By the way, those people who are going to cut the leg off. And when I point that it unmasks the goals of the gaming the system to elongate the say, well, do you not want to clip my very powerful international as well as process, some new invention might toenail off rather than cut my whole domestic forces that are at work trying come along that makes their invention leg off? No, no, we will cut the leg off, to change our patent system. obsolete and they are taking that then you will not have any more hang- H.R. 3460, which I call the Steal chance. That is why almost all inven- nails. You should say wait a minute. American Technologies Act, is offi- tors, nearly all inventors, do every- Maybe you better think twice about cially called the Moorhead-Schroeder thing they can to get the patent issued that person’s motives when he is trying Patent Act, is a package that obscures right away. As you know, this new in- to sell that kind of logic. the mind-boggling provisions that it novation could leave them behind, Let me note that this change we are claims by lumping it together with whether they are submariners or peo- talking about which they implemented other things, but not enough to obscure ple trying to get through the process in the GATT implementation legisla- the real facts. and the bureaucracy is not issuing the tion was the first crucial step in har- One of the provisions introduced in patent. monizing our patent laws to those of this bill was introduced last year under A few submarine patents do represent Japan, and that is what I assume is the a bill that was entitled the Patent Ap- a minuscule part of the system and real goal of this legislation of H.R. plication Publications Act. Now this have been a problem. So this problem 3460, which will be coming, and the real bill is part of 3460, the Patent Applica- can be dealt with by reforming the purpose of these people’s activities. tion Publication Act, that was really a process, not by eliminating the guaran- Let us note this push for the harmo- title people could understand. Basi- teed rights of all Americans. nization with Japanese law started cally, it is early publication of patent My bill, in fact, H.R. 359, which will long before anyone ever heard of the applications. People can understand be on the floor as a substitute to the term submarine patent. This has been what those words mean. The title is H6504 CONGRESSIONAL RECORD — HOUSE June 18, 1996 too self-explanatory, so that is why ba- in the first place. The Americans flip will strip these patent examiners of sically they changed it to the Moor- the bill, they use it, they develop the their civil service protection. This head-Schroeder Patent Act. technology, profit from it, and they opens up all of these people to outside The provisions of this bill, now get beat us in court with money that we pressures and influences. into this, because everybody can under- have had to pay to develop the tech- These are the individuals, these pat- stand what is going on when they hear nology in the first place. ent examiners, who work really hard. this, this bill mandates that after 18 This is a nightmare and it faces They are trying to make determina- months every American patent applica- every American small and medium- tions, basically quasi-legal decisions, tion, that is every application of our sized company. Anyone who cannot af- to determine who owns what. Well, innovators and our creators, when they ford a stable of expensive lawyers is at taking away their civil service protec- apply, all this was always kept secret the mercy of the worst thieves in the tion is like stripping the robes off a until the patent was issued in the past. world. Of course, the big guys and the judge. It opens the door to corruption Well, now it is mandated that every huge corporations are backing this of the entire process. And if the patent one of those applications, whether or change in our law because they want to office is corporatized, the head of the not a patent has been issued, will be globalize the world trading system, patent office, guess who it is, Bruce published for the world to see. even if it means diminishing the rights Lehman, Mr. Harmonizer of our laws Every thief, every brigand, every pi- of the American people. with Japan, can make the changes that rate, every multinational corporation, Those big guys, they have the con- he and the board of directors want to every Asian copycat will be handed the tacts overseas to make sure their prod- make, with very limited congressional details of every application to our pat- ucts are not being stolen, and of course scrutiny, of course. ent office. Our newest and most cre- they have the money to spend on law- In the coming era, when technology ative ideas will be outlined for them, yers to deter such thievery. But for the and creativity will be more important even before the patent is issued to the little guys, it is open season. than ever to determine America’s fu- American inventor. It is an invitation Of course, we must do this. You have ture, we are, through H.R. 3460, decou- for every thief in the world to steal to remember, now, the reason we are pling the protection of patent rights American technology. Lines will form doing this is to prevent the evil sub- from our Government, cutting it off at copy machines and fax machines to marines, these evil submarine from congressional oversight and leav- get this information out to America’s patenters who might elongate their ing our people in the hands of an au- worst enemies and our fiercest com- patent by a couple of years. We have to tonomous board of unelected officials. petitors. make everybody in this country, we Who will be on that board? Unelected H.R. 3460 is entitled, as I say, the have to make them vulnerable to the officials representing Lord knows what Moorhead-Schroeder Patent Act. worst thieves in the world because special interests will be represented on Again, the provisions that we are talk- there are a few people who might want that board. Foreign and domestic spe- ing about, it is almost mind-boggling to elongate their patent protection for cial interests. These people will be that someone could, without shame, a few years by gaming the system in a making determinations as to who owns promote this on the floor of the House. submarine patent. America’s technology; basically deter- The authors of this bill suggest that Yes, I am sure that is really what it mining our well-being in the future, we should not worry about if domestic, is all about. This provision is another which depends on America’s leadership foreign, and multilateral corporations part of harmonizing our patent law in technology. steal the new ideas. The patent appli- with Japan, and that is what this is The Steal American Technologies cant, once he gets the patent issued, really all about. It is not about sub- Act, H.R. 3460, which will be coming to which may be 5 or 10 years down the marines. That is baloney. a vote here in Congress next week, road, they can sue the new applicant, Another provision of H.R. 3460 is, must be defeated. And my substitute, can sue the pirates once he has been is- hold on to your hats because here is the Rohrabacher substitute, should sued that patent. The price tag on a another provision, it is the abolition of take its place, which is basically the simple infringement suit begins at one the U.S. patent office. It is in our con- Patent Restoration Act. That is the quarter of a million dollars. stitution and it has played a vital role choice our Members of Congress will Boy, that makes you feel good, does in protecting the American people and have, H.R. 3460, the Moorhead-Schroe- it not? The average American is now the rights of the American people for der Patent Bill or the Rohrabacher going to be up against Sony, all of these years. Yet now, H.R. 3460, substitute. Mitsubishi, Honda, you name it, every the Steal American Technologies Act, One might ask why has a bill as obvi- company in Japan, and you might even will separate it from the Government, ously detrimental to America’s inter- have to go to court in Japan or China limiting congressional oversight. est gone so far as it has? First and fore- or Thailand, or anywhere else, in order Now it is part of our Government, so most our big businesses have been to fight them. And you have to pay Congress has a right to investigate. It bought off, or they have bought off, ex- your legal bills and they have got the will limit congressional oversight. H.R. cuse me, on the idea of globalizing the profit from your technology already to 3460, the Moorhead-Schroeder Act, will world economy and harmonizing our use as the basis to beat you in court. make the patent office into a Govern- patent rights as part of that deal of As this bill was being passed through ment corporation, sort of like the post creating this new global economy, basi- the subcommittee, this bill already office. cally, even if our foreign competitors passed the subcommittee and the com- Now, I am in favor of privatization of renege later. mittee, I was in my office talking to services that our Government need not We are going to make sure we make the president of a medium-sized solar provide. Corporatization of a core func- these deals now to create the global energy company in Ohio. And when I tion of Government, however, is a ter- economy, even if our competitors re- asked what would happen if this provi- rible idea. Something that the Govern- nege on the deals they are making sion became law, he clenched his fist ment should do? Should we privatize right now. So we are going to change and angrily predicted that his Asian all the judges in our country? Basi- the law now, the patent law and other competitors would be manufacturing cally, we are trying to corporatize and things, to create the global market- his new technologies before his patent take out of the Government’s sphere place, and that is going to be a sign of was issued; that they would then use the job of protecting the intellectual good faith so that these foreigners that the profit from selling his new tech- property rights of our people. This has are making deals with us for our global nology to defeat any court challenge been a core function of our Govern- economy will not go back on their and destroy his company in the proc- ment since 1784. word. ess. Along with corporatization, by the Huge foreign and domestic and multi- His overseas competitors would have way, what comes with that? That is the national corporations have been visit- the further advantage, get into this, of stripping of our patent examiners. ing individual Members and lobbying never having to pay for the research They do not have any oversight by hard, spending loads of money, buying and development of that new product Congress, or very little, and then they their influence peddlers around town. June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6505

And sometimes those influence ped- and PAT SCHROEDER their swan song, someone wants to read the bill in fact dlers look just like former Members of the last big piece of legislation that for themselves, they can. It is available Congress, interestingly enough. And they wanted. We cannot permit this on the Internet. The terrible details that is a big factor of why this thing is unsavory tactic to succeed, as much as are there for the American people to sliding through Congress. we all admire in our respective parties see. If someone has got a home com- Second, the Members of Congress CARLOS MOORHEAD and PAT SCHROEDER, puter, they can get it on the Internet hear from the biggest companies in and we do admire them, they have and take the time, if they want to take their district, and it makes a difference worked long and hard here for the the time, to go and do this and to if the biggest company in your district things they believe in, the votes on download the information and see it for comes to you. You do not say, well, you this issue are as vital to America’s fu- themselves. do not represent the interest of the tures as anything I can—I have never They actually, they can actually go people as a whole; you do not even rep- seen anything that is more important to their internet computer and get the resent the interest of our employees. than this coming through this body. copies of the bills and try to decide for They do not say that. They listen to We cannot vote on something so im- themselves. It is available at WWW dot what that big boss in that company has portant to America’s future as a part House dot gov and then slash to say. of a tribute to someone in their last Rohrabacher. That is R-o-h-r-a-b-a-c-h- These big company executives with year of office. If they want a swan e-r. Here is the internet information the dreams of a global market dancing song, give them a commemorative again: www dot house dot gov slash through their corporate heads basically coin, but do not destroy America’s Rohrabacher. have no, absolutely no commitment to technological advantage. The swan So this decision that we are about to the rights and the well-being of the song argument is nothing less than no make in this body will determine the American people because they are sec- argument at all. They have not been well-being of our people, the standard ondary to this great dream. If some- arguing at all. They have been using of living of every American. It will de- body has a dream to renew the world, the pressure of huge corporations who termine the competitiveness of the watch out, brother. Whether it is a have no loyalty to the well-being of the United States of America and it will Communist or anybody else, if they are American people and no loyalty to the determine our future. going to redo and make this world into values that we talk about overseas. Is the United States going to be a a nirvana, watch out. This battle will determine, this bat- shining city on the hill, a shining city In this case they are going to create tle that we are in will determine if of innovation and progress, sparkling a new global marketplace, and in the America remains the number one tech- there, or a backwater subservient to process, what is going to happen? If in nological power in the world, and these the dictates of a global elite? A land of order to accomplish this they have to huge corporations are in talking to free, prosperous people looking to the cut deals to bring down the rights and every Member of Congress. The only future, or a Nation looking back and standard of living of the American peo- argument that the authors of this are wondering why and how we lost our ple, so he is equal to other people’s giving is, please pay us a tribute. They edge in the world? rights, well, they are willing to do it. are going to, one way or the other, Together we can make democracy We cannot allow that to happen. Members are getting hammered on work. H.R. 3460, the Steal American Finally, there is another factor. Two this. This is the ultimate, when we Technologies Act, can be defeated and Members of Congress pushing H.R. 3460, really look at it, the ultimate little our rights to the best technology in the the Steal American Technologies Act, guy versus big guy fight. Standing for world and to make sure America is the these two Members are retiring from the Rohrabacher substitute and a technological leader in the world can Congress. Mr. MOORHEAD and Mrs. strong American patent system is a co- be restored by the Rohrabacher sub- SCHROEDER are asking Members to sup- alition that includes the NFIB, small stitute. It is now time for people to be- port their bill because it is their swan business organizations and every in- come part of the democratic process. song. CARLOS MOORHEAD has worked ventors association in the country is Those people who are trying insid- long and hard here and he is a good supporting the Rohrabacher substitute. iously to change the law in a way that man. Mrs. SCHROEDER has worked long Over 50 top research universities and would, 10 years down the road, be a and hard, and I am sure many people colleges nationwide who rely on patent sneak attack on the well-being of our agree with her basic philosophy. Well, income to bolster their research pro- people, they are basically confident they are asking others to basically, grams are supporting my substitute, that they are going to win because well, even if you do not agree with us, including Harvard, MIT, the University they think this issue, the patent issue, vote for it because it is our swan song. of Florida, LSU, Columbia, Northwest- that people are going to yawn or they Do it as a favor to us, as a tribute to ern, the University of Wisconsin. Also will not be able to understand it or will our many years of service. strongly supporting the Rohrabacher not be able to understand just what is substitute for H.R. 3460 is Patent Office going on here. They are thinking this b 2215 union, these men and women who is going to slide through Congress be- That is true. They want people to struggle and work so hard to try to be cause they have got these big corporate vote in that way to do them a favor, diligent in their work who are going to heads calling on Members of Congress. voting for legislation that will deter- find their entire civil service protec- Unless we take the power in our own mine America’s economic competitive- tion stripped from them. hands and participate in the system, ness and the standard of living of our On the other side is just about every which is what our Founding Fathers people for decades to come. big business organization you can wanted us to do, I believe that Thomas After the subcommittee markup of imagine. With interlocking direc- Jefferson today would be so proud that this bill, most of the Members I spoke torates and foreign ownership, no one internet is being used to give people to did not even know that H.R. 3460 can be sure how much foreign and mul- the actual wording of the bills that are mandates the publication of all patents tinational influence is being exerted on being considered here on the floor of issued or not, whether those patents this issue. But it is considerable. the House of Representatives. Thomas have been issued or not after 18 Who will win? It is up to the people. Jefferson, Benjamin Franklin, they months. They did not know that the Members of Congress need to be person- would say, that is exactly the kind of bill obliterates the patent office and ally contacted. H.R. 3460, the Moor- society we had in mind because we corporatizes it, stripping away any head-Schroeder Patent Act, which I knew America would not be perfect. Civil Service protection from the pat- call the Steal American Technologies The Founding Fathers knew there ent examiners and limiting congres- Act, must be defeated and the would be special interests working in sional oversight. Rohrabacher substitute put in its our country, but they knew and they The people on the committees did not place. This vote could well come to the trusted in the free people of this coun- even know this. I talked to them and floor early next week. try to get involved. they were oblivious to it. They knew Anyone who needs more information, Let us make sure we do get involved. they were giving CARLOS MOORHEAD by the way, interestingly enough, if Let us make sure that Ben Franklin H6506 CONGRESSIONAL RECORD — HOUSE June 18, 1996 and Thomas Jefferson, who are looking eastern undergrowth and woods, and on ‘‘cussing’’ was levied by Cartwright for down on us today, will know that we the east by the Hudson. It was a perfect 6 cents against a New York Nine player have picked up the torch because we greensward for almost the year named Davis. are, after all, the children of Thomas around.’’ Despite crafting the rules, the Knick- Jefferson. We will not give up our The umpire was an American civil erbockers could not match the Nine rights, and we will fight for this demo- engineer named Alexander Cartwright, pitcher with cricket experience who cratic process. who many historians say invented whipped pitches past the Knick bat- I would invite all of my colleagues to baseball contrary to the proponents of ters. join me in this effort to ensure that the Abner Doubleday and for good reason. Although it was a perfect day, the American people’s right to a decent Under Cartwright’s direction, the base- Knickerbockers took a drubbing. While standard of living, to freedom beyond ball diamond was laid out. Cartwright’s beating the New York Nine in their anywhere else in the world, that that ordering of the game has not appre- fashion with their uniforms of blue right, those rights are protected. ciably changed in the past 150 years. pantaloons and white flannel shirts, f Prior to this game, there was a casual mohair caps, and patent leather belts, placement of bases, but not on the the Knickerbockers failed to win the COMMEMORATING THE 150TH ANNI- Cartwright’s plans. Players were sta- game, losing by a score of 23 to 1. VERSARY OF THE FIRST OFFI- tioned at each base with only three The final result of that game came in CIALLY RECORDED BASEBALL outfielders, instead of the random the box score, which was subsequently GAME, HOBOKEN, NJ, JUNE 19, hordes which had previously manned published and is in the New York Pub- 1846 the baselines and the outfield. There lic Library. One hundred years later, the city of The SPEAKER pro tempore (Mr. FOX were 9 men instead of 11 on a side. Hoboken celebrated the centennial of Pennsylvania). Under a previous Cartwright recognized that most hits with a bronze marker erected by the order of the House, the gentleman from were between second and third base, so New Jersey Commission on Historic New Jersey [Mr. MENENDEZ] is recog- he placed the player in a new position Sites. nized for 60 minutes. called a shortstop. Teams batted in Mr. MENENDEZ. Mr. Speaker, for regular order with three outs in order b 2230 the purposes of the Chair as well as the to exchange sides batting. This is in It reads: staff here, I do not intend to take the contrast with cricket in which a side On June 19, 1846, the first match game of hour. That is the good news. It should continues at bat until the entire team baseball was played here on the Elysian take only about 15 minutes, but they was out. Finally outs were made by Fields between the Knickerbockers and the are important minutes. throwing to bases instead of trying to New Yorks. It is generally conceded that Mr. Speaker, I rise not to speak hit the player with the ball. until this time the game was not seriously about the weighty matters of state Here are some of the rules that gov- regarded. that we often get up here and speak erned the first game in Hoboken: That is the quote on the marker. about but a little bit about history. To- In section 1 of these rules that were That game is seriously regarded morrow, Mr. Speaker, in Hoboken, NJ, written out, it said the bases shall go today. The people of Hoboken are still which is in my congressional district, from home to second 42 paces, from proud that America’s national pastime the city of Hoboken and its mayor, An- first to third, 42 paces equidistant. was played there, and the people of Ho- thony Russo, will celebrate the 150th The ball must be pitched, underhand, boken still love the game and will anniversary of the first officially re- and not thrown, freehand, for the bat. cherish this anniversary, the 150th an- corded game of baseball. Yes, I am A ball knocked outside the range of niversary, by parades and award din- talking about baseball, the national first or third is foul. ners that will be held tomorrow pastime. Three balls being struck at and evening. On June 19, 1846, the first officially missed and the last one caught in a Now, Mr. Speaker, why do I come to recorded baseball game was played on hand is out; and if not caught, is con- the floor of the House to talk about an the Elysian Fields in Hoboken, NJ. sidered fair. And the striker is bound issue like this? This is more than just hometown pride. This is about a stake Yes, Cooperstown, NY, has the Na- to run. tional Baseball Hall of Fame, but his- A player running the bases shall be in history and about a game that is as tory clearly makes Hoboken the birth- out if the ball is in the hands of an ad- American as apple pie, a game that place of modern baseball. Through the versary and the runner touched by it brings families together whether at the stadium, around the TV set, or on the courtesy of the National Baseball Hall before he makes his base, it being un- Little League field. It is about dreams, of Fame and Museum and Frank derstood, however, that in no instance, realized; some, broken. It is about a Borsky of the Hoboken Development is the ball to be thrown at him. Agency, who compiled much of this in- These are just some of the rules, but sense of community as cities from coast to coast cheer on their hometown formation in 1976, I would like to high- what is interesting is that Cartwright boys. It is about tradition, a great light this memorable occasion by read- laid out the game as we know it today, American tradition, for no matter ing from various accounts of this im- and he did so in Hoboken, NJ. where in the world baseball is played, mortal game. The pitcher stood 45 feet from the we know that it was made here in the The game pitted the New York Nine batter. The catcher stood back far United States. against the Knickerbockers. The enough to take the ball on a bounce. I am proud to proclaim Hoboken, NJ, Knickerbockers were the most re- The umpire stood between the plate a city with a great tradition. A great nowned club of that time. The crowded and the catcher but to the right and city in the 13th Congressional District urban conditions in Manhattan forced out of the way of the ball. The ball it- is the birthplace of baseball. the clubs to take the ferry across the self was 10 inches in circumference, f Hudson to play in Hoboken, then a weighing 6 ounces and had a rubber well-to-do resort. center. LEAVE OF ABSENCE The scene was described by Seymour In September 1845, a group of Cart- By unanimous consent, leave of ab- Church. He said: ‘‘A walk of about a wright’s social acquaintances estab- sence was granted to: mile and a half from the ferry up the lished a club called the Knicker- Ms. WATERS (at the request of Mr. Jersey shore of the Hudson River, bockers, the first organized baseball GEPHARDT), for today, on account of along a road that skirted the river club. The challenge was issued to the personal business. bank on one side and was hugged by New York Nine. At stake was a ban- Mrs. LINCOLN (at the request of Mr. trees and thickets on the other, quet at McCarty’s Hotel near the Ely- GEPHARDT), for today and the balance brought one suddenly to an opening in sian Fields of Hoboken. Overconfident, of the week, on account of medical rea- the ‘forest primeval.’ This open spot the Knickerbockers did not practice sons. was a level grass covered plain, some and the team’s best player, Cartwright Mr. RAMSTAD (at the request of Mr. 200 yards across, and as deep—sur- himself, volunteered to umpire. As a ARMEY), for today, on account of ill- rounded on three sides by the typical matter of fact, baseball’s first fine for ness. June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6507

SPECIAL ORDERS GRANTED Mr. CRANE. mination and findings: Authority to award a contract for overhaul, remanufacture, repair By unanimous consent, permission to Mr. BILIRAKIS. Mrs. KELLY. and life cycle maintenance support of Navy address the House, following the legis- MK15 Phalanx, MK49 Rolling Airframe Mis- Mr. CANADY of Florida. lative program and any Special orders sile Launcher, MK23 Target Acquisition Sys- heretofore entered, was granted to: Mr. SMITH of Michigan. tem, based on public interest exception to re- (The following Members (at the re- Mr. GILMAN. quirement for full and open competition, Mr. CLINGER. quest of Mr. PALLONE) to revise and ex- pursuant to 10 U.S.C. 2304(c)(7); to the Com- tend their remarks and include extra- (The following Members (at the re- mittee on National Security. 3690. A letter from the Assistant General neous material:) quest of Mr. MENENDEZ) and to include extraneous matter:) Counsel for Regulations, Department of Edu- Mr. MEEHAN, for 5 minutes, today. Mr. SHAW in two instances. cation, transmitting the Department’s final Mrs. COLLINS of Illinois, for 5 min- rule—Bilingual Education: Graduate Fellow- Mr. FRAZER. utes, today. ship Program (RIN: 1885–AA21) received June Mr. KLUG. Ms. KAPTUR, for 5 minutes, today. 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to Ms. MCCARTHY. Mr. FARR, for 5 minutes, today. the Committee on Economic and Edu- Mr. PASTOR. Mr. PALLONE, for 5 minutes, today. cational Opportunities. Mr. MENENDEZ in two instances. 3691. A letter from the Assistant General Ms. DELAURO, for 5 minutes, today. Counsel for Regulations, Department of Edu- (The following Members (at the re- Mr. DEUTSCH. f cation, transmitting the Department’s final quest of Mr. MICA) to revise and extend rule—William D. Ford Federal Direct Loan their remarks and include extraneous SENATE BILL REFERRED Program (RIN: 1840–AC19) received June 13, material:) 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the A bill of the Senate of the following Mrs. SMITH of Washington, for 5 min- Committee on Economic and Educational title was taken from the Speaker’s utes each day, on today and June 19. Opportunities. table and, under the rule, referred as 3692. A letter from the Secretary of Edu- Mr. JONES, for 5 minutes, today. follows: cation, transmitting final regulations—Wil- Mr. GUTKNECHT, for 5 minutes, today. S. 1488. An act to convert certain excepted liam D. Ford Federal Direct Loan Program, Mr. WAMP, for 5 minutes, today. service positions in the United States Fire pursuant to 20 U.S.C. 1232(d)(1); to the Com- Mrs. KELLY, for 5 minutes, today. Administration to competitive service posi- mittee on Economic and Educational Oppor- Mr. FIELDS of Texas, for 5 minutes, tions, and for other purposes; to the Commit- tunities. today. tee on Government Reform and Oversight, 3693. A letter from the General Counsel, Mr. MICA, for 5 minutes, today. and in addition to the Committee on Department of Transportation, transmitting the Department’s final rule—Federal Motor Mr. SMITH of Michigan, for 5 minutes Science, for a period to be subsequently de- Vehicle Safety Standards; Child Restraint each day, on today and June 19. termined by the Speaker, in each case for consideration of such provisions as fall with- Systems (National Highway Traffic Safety Mr. WELDON of Florida, for 5 minutes, Administration) [Docket No. 74–09; Notices today. in the jurisdiction of the committee con- cerned. 46] (RIN: 2127–AF02) received June 17, 1996, (The following Member (at his own pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f request) to revise and extend his re- mittee on Commerce. marks and include extraneous mate- ADJOURNMENT 3694. A letter from the Acting Assistant rial:) Secretary for Legislative Affairs, Depart- Mr. MENENDEZ. Mr. Speaker, I ment of State, transmitting a copy of Presi- Mr. HOKE, for 5 minutes, today. move that the House do now adjourn. dential Determination No. 96–32: Suspending (The following Member (at her own The motion was agreed to; accord- restrictions on United States relations with request) to revise and extend her re- ingly (at 10 o’clock and 32 minutes the Palestine Liberation Organization, pur- marks and include extraneous mate- p.m.), the House adjourned until to- suant to Public Law 104–107, section 604(b)(1) rial:) morrow, Wednesday, June 19, 1996, at 10 (110 Stat. 756); to the Committee on Inter- Ms. PELOSI, for 5 minutes, today. national Relations. a.m. 3695. A letter from the Director, Resource f f Management and Planning Staff, Trade De- EXTENSION OF REMARKS EXECUTIVE COMMUNICATIONS, velopment, International Trade Administra- tion, transmitting the Administration’s final By unanimous consent, permission to ETC. rule—Market Development Cooperator Pro- revise and extend remarks was granted Under clause 2 of rule XXIV, execu- gram [Docket No. 950207043–6128–02] (RIN: to: tive communications were taken from 0625–ZA03) received June 14, 1996, pursuant to (The following Members (at the re- the Speaker’s table and referred as fol- 5 U.S.C. 801(a)(1)(A); to the Committee on International Relations. quest of Mr. PALLONE) and to include lows: 3696. A letter from the Deputy Director, Of- extraneous matter:) 3686. A letter from the Congressional Re- fice of Public/Private Initiatives, Inter- Mr. SERRANO. view Coordinator, Animal and Plant Health national Trade Administration, transmitting Mr. MANTON. Inspection Service, transmitting the Serv- the Administration’s final rule—Inter- Mr. DELLUMS. ice’s final rule—Viruses, Serums, and Toxins national Buyer Program (Formerly know as Mr. SCHUMER. and Analogous Products; Master Labels the Foreign Buyer Program); Support for Do- [Docket No. 93–167–2] received June 17, 1996, Mr. WAXMAN. mestic Trade Shows [Docket No. 960611170– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mrs. SCHROEDER. 6170–01] (RIN: 0625–XX07) received June 14, mittee on Agriculture. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. BROWN of California. 3687. A communication from the President Committee on International Relations. Ms. HARMAN. of the United States, transmitting his re- 3697. A letter from the Executive Director, Mr. CLEMENT. quest for a fiscal year 1996 supplemental ap- Committee for Purchase From People Who Ms. EDDIE BERNICE JOHNSON of Texas. propriation to increase the ability of the De- Are Blind or Severely Disabled, transmitting Mr. REED. partment of the Treasury’s Bureau of Alco- the Committee’s final rule—Additions to the Mr. BARRETT of Nebraska. hol, Tobacco and Firearms to investigate Procurement List—received June 17, 1996, and solve acts of arson against African- Mr. KLECZKA. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- American churches, pursuant to 31 U.S.C. mittee on Government Reform and Over- Mr. BENTSEN. 1107 (H. Doc. No. 104–234); to the Committee sight. Mrs. MEEK of Florida. on Appropriations and ordered to be printed. 3698. A letter from the Secretary, Smithso- Mr. GORDON. 3688. A letter from the Secretary of the nian Institution, transmitting the semi- Mr. MARKEY. Navy, transmitting the Secretary’s deter- annual report on activities of the inspector Mr. UNDERWOOD. mination and findings: Authority to award a general for the period October 1, 1995, Mr. ACKERMAN. contract to privatize the Naval Air Warfare through March 31, 1996, pursuant to 5 U.S.C. Ms. WATERS. Center, Aircraft Division, Indianapolis, app. (Insp. Gen. Act) section 5(b); to the (The following Members (at the re- based on public interest exception to re- Committee on Government Reform and quirement for full and open competition, Oversight. quest of Mr. MICA) and to include ex- pursuant to 10 U.S.C. 2304(c)(7); to the Com- 3699. A letter from the Commissioner, So- traneous material:) mittee on National Security. cial Security Administration, transmitting Mr. SMITH of New Jersey in two in- 3689. A letter from the Secretary of the the semiannual report on activities of the in- stances. Navy, transmitting the Secretary’s deter- spector general for the period October 1, 1995, H6508 CONGRESSIONAL RECORD — HOUSE June 18, 1996 through March 31, 1996, pursuant to 5 U.S.C. ment’s final rule—Veterans Education: agencies for the fiscal year ending Septem- app. (Insp. Gen. Act) section 5(b); to the Course Measurement for Graduate Courses ber 30, 1997, and for other purposes. Committee on Government Reform and (RIN: 2900–AH39) received June 11, 1996, pur- By Mr. DAVIS (for himself, Ms. NOR- Oversight. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- TON, Mr. MCHUGH, Mr. GUTKNECHT, 3700. A letter from the Assistant Secretary tee on Veterans’ Affairs. Mr. LATOURETTE, Mr. FLANAGAN, Mr. for Fish and Wildlife and Parks, Department 3710. A letter from the Assistant Secretary TOWNS, Miss COLLINS of Michigan, of the Interior, transmitting the Depart- for Employment and Training, Department Mr. HOYER, Mrs. MORELLA, Mr. ment’s final rule—Addition of Great Bay Na- of Labor, transmitting the Department’s MORAN, and Mr. WYNN): tional Wildlife Refuge to the List of Open final rule—Unemployment Insurance Pro- H.R. 3663. A bill to amend the District of Areas for Hunting in New Hampshire (Fish gram Letter 23–96—received June 5, 1996, pur- Columbia Self-Government and Govern- and Wildlife Service) (RIN: 1018–AD44) re- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- mental Reorganization Act to permit the ceived June 17, 1996, pursuant to 5 U.S.C. tee on Ways and Means. Council of the District of Columbia to au- 801(a)(1)(A); to the Committee on Resources. 3711. A letter from the Chief, Regulations thorize the issuance of revenue bonds with 3701. A letter from the Assistant Secretary Unit, Internal Revenue Service, transmitting respect to water and sewer facilities, and for for Fish and Wildlife and Parks, Department the Service’s final rule—Revision of Section other purposes; to the Committee on Govern- of the Interior, transmitting the Depart- 482 Cost Sharing Regulations (RIN: 1545– ment Reform and Oversight. ment’s final rule—Addition of Ohio River Is- AU20) received May 9, 1996, pursuant to 5 By Mr. DAVIS: lands National Wildlife Refuge to the List of U.S.C. 801(a)(1)(A); to the Committee on H.R. 3664. A bill to make miscellaneous and Open Areas for Sport Fishing in West Vir- Ways and Means. technical corrections to improve the oper- ginia, Pennsylvania, and Kentucky (Fish and 3712. A letter from the Chief of Staff, So- ations of the government of the District of Wildlife Service) (RIN: 1018–AD43) received cial Security Administration, transmitting Columbia; to the Committee on Government June 17, 1996, pursuant to 5 U.S.C. the Administration’s final rule—Payment Reform and Oversight. 801(a)(1)(A); to the Committee on Resources. For Vocational Rehabilitation Services Fur- By Mr. ROBERTS (for himself, Mr. DE 3702. A letter from the Director, Office of nished Individuals During Certain Months of LA GARZA, Mr. EMERSON, Mr. ROSE, Fisheries Conservation and Management, Nonpayment of Supplemental Security In- Mr. COMBEST, Mr. STENHOLM, Mr. National Marine Fisheries Service, transmit- come Benefits (20 CFR Parts 404 and 406) BOEHNER, Mr. JOHNSON of South Da- ting the Service’s final rule—Groundfish of [Regulation Nos. 4 and 16] (RIN 0960–AD39) kota, Mr. BAKER of Louisiana, Mr. the Bering Sea and Aleutian Islands Area; received June 17, 1996, pursuant to 5 U.S.C. HILLIARD, Mr. CALVERT, Mr. Trawl Rock Sole/Flathead Sole/‘‘Other Flat- 801(a)(1)(A); to the Committee on Ways and POMEROY, Mr. COOLEY, Mr. BISHOP, fish’’ Fishery Category [Docket No. Means. Mr. LAHOOD, Mr. BALDACCI, and Mr. 960129019–6019–01; I.D. 060696E] received June f WISE): 14, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. REPORTS OF COMMITTEES ON H.R. 3665. A bill to transfer to the Sec- retary of Agriculture the authority to con- 3703. A letter from the Director, Office of PUBLIC BILLS AND RESOLUTIONS Fisheries Conservation and Management, duct the census of agriculture; to the Com- National Marine Fisheries Service, transmit- Under clause 2 of rule XIII, reports of mittee on Government Reform and Over- ting the Service’s final rule—Groundfish of committees were delivered to the Clerk sight, and in addition to the Committee on the Gulf of Alaska; Pollock in Statistical for printing and reference to the proper Agriculture, for a period to be subsequently Area 630 [Docket No. 960129018–6018–01; I.D. calendar, as follows: determined by the Speaker, in each case for 052896D] received June 17, 1996, pursuant to 5 consideration of such provisions as fall with- Mr. LEACH: Committee on Banking and U.S.C. 801(a)(1)(A); to the Committee on Re- in the jurisdiction of the committee con- Financial Services. Supplemental report on sources. cerned. H.R. 1858. A bill to reduce paperwork and ad- 3704. A letter from the Program Manage- By Mr. LEWIS of California: ditional regulatory burdens for depository ment Officer, National Marine Fisheries H.R. 3666. A bill making appropriations for institutions (Rept. 104–193, Pt. 2). Service, transmitting the Service’s final the Departments of Veterans Affairs and Mr. REGULA: Committee on Appropria- rule—Fisheries of the Exclusive Economic Housing and Urban Development, and for tions. H.R. 3662. A bill making appropria- Zone Off Alaska [Docket No. 960531152–6152– sundry independent agencies, boards, com- tions for the Department of the Interior and 01; I.D. 042996B] received June 13, 1996, pursu- missions, corporations, and offices for the related agencies for the fiscal year ending ant to 5 U.S.C. 801(a)(1)(A); to the Committee fiscal year ending September 30, 1997, and for September 30, 1997, and for other purposes on Resources. other purposes. (Rept. 104–625). Referred to the Committee of 3705. A letter from the Assistant General By Mr. CRANE: the Whole House on the State of the Union. Counsel, U.S. Information Agency, transmit- H.R. 3667. A bill to amend the Internal Rev- ting the Agency’s final rule—Exchange Visi- Mr. SHUSTER: Committee on Transpor- tation and Infrastructure. H.R. 3572. A bill to enue Code of 1986 to exclude tips from gross tor Program (22 CFR Part 514) received June income; to the Committee on Ways and 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to designate the bridge on U.S. Route 231 which crosses the Ohio River between Maceo, KY, Means. the Committee on the Judiciary. By Mr. DORNAN: 3706. A letter from the General Counsel, and Rockport, IN, as the ‘‘William H. Natch- H.R. 3668. A bill to require the Secretary of Department of Transportation, transmitting er Bridge’’ (Rept. 104–626). Referred to the Defense to provide back pay to the Vietnam- the Department’s final rule—Drawbridge Op- House Calendar. ese commandos who were employed by the eration Regulations: Atlantic Intracoastal Ms. PRYCE: Committee on Rules. House United States during the Vietnam conflict to Waterway, Sunset Beach, NC (U.S. Coast Resolution 455. Resolution providing for con- conduct covert operations in North Vietnam Guard) [CGD05–95–048] (RIN: 2115–AE47) re- sideration of the bill (H.R. 3662) making ap- so as to compensate the commandos for the ceived June 17, 1996, pursuant to 5 U.S.C. propriations for the Department of the Inte- years in which they were imprisoned and 801(a)(1)(A); to the Committee on Transpor- rior and related agencies for the fiscal year persecuted in Vietnam; to the Committee on tation and Infrastructure. ending September 30, 1997, and for other pur- National Security. 3707. A letter from the General Counsel, poses (Rept. 104–627). Referred to the House By Mr. FILNER: Department of Transportation, transmitting Calendar. the Department’s final rule—Regulatory Re- Mr. LEWIS of California: Committee on H.R. 3669. A bill to establish sources of view: Gas Pipeline Safety Standards Final Appropriations. H.R. 3666. A bill making ap- funding for certain transportation infra- Regulatory Evaluation (Research and Spe- propriations for the Departments of Veter- structure projects in the vicinity of the bor- cial Programs Administration) [Docket PS– ans Affairs and Housing and Urban Develop- der between the United States and Mexico 124; Final Rule] (RIN: 2137–AC25) received ment, and for sundry independent agencies, that are necessary to accommodate in- June 17, 1996, pursuant to 5 U.S.C. boards, commissions, corporations, and of- creased traffic resulting from the implemen- 801(a)(1)(A); to the Committee on Transpor- fices for the fiscal year ending September 30, tation of the North American Free-Trade tation and Infrastructure. 1997, and for other purposes (Rept. 104–628). Agreement, including construction of new 3708. A letter from the General Counsel, Referred to the Committee of the Whole Federal border crossing facilities, and for Department of Transportation, transmitting House on the State of the Union. other purposes; to the Committee on Trans- the Department’s final rule—Oil Spill Pre- f portation and Infrastructure. vention and Response Plans (Research and By Mr. SCHAEFER: Special Programs Administration) [Docket PUBLIC BILLS AND RESOLUTIONS H.R. 3670. A bill to extend certain programs Nos. HM–214 and PC–1; Amendment No. 130– Under clause 5 of rule X and clause 4 under the Energy Policy and Conservation 2] (RIN: 2137–AC31) received June 17, 1996, of rule XXII, public bills and resolu- Act through fiscal year 1998, and for other pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- purposes; to the Committee on Commerce, mittee on Transportation and Infrastruc- tions were introduced and severally re- and in addition to the Committee on Rules, ture. ferred as follows: for a period to be subsequently determined 3709. A letter from the Director, Office of By Mr. REGULA: by the Speaker, in each case for consider- Regulations Management, Department of H.R. 3662. A bill making appropriations for ation of such provisions as fall within the ju- Veterans Affairs, transmitting the Depart- the Department of the Interior and related risdiction of the committee concerned. June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6509

By Mr. TAUZIN: H.R. 2976: Mr. FLANAGAN, Ms. KAPTUR, and H.R. 94: Mr. CHRISTENSEN. H.R. 3671. A bill to provide for the recogni- Mr. REED. H.R. 1972: Mr. MCDADE. tion of the United Houma Nation and to pro- H.R. 3002: Mr. CRAPO. H.R. 2618: Ms. SLAUGHTER. vide for the settlement of land claims of the H.R. 3012: Mr. ENSIGN, Mr. JONES, Mr. ACK- H.J. Res. 182: Mr. FAZIO of California. ERMAN, Mr. DEAL of Georgia, Mr. DUNCAN, United Houma Nation; to the Committee on f Resources. Mr. JACOBS, and Mr. HEFNER. By Mr. WAXMAN: H.R. 3030: Mr. NADLER. H.R. 3089: Mr. ACKERMAN. AMENDMENTS H.R. 3672. A bill to amend the Federal H.R. 3119: Ms. DELAURO. Under clause 6 of rule XXIII, pro- Food, Drug, and Cosmetic Act to repeal the H.R. 3211: Mr. ZIMMER, Mr. LINDER, Mr. posed amendments were submitted as provisions for the certification of drugs con- ROBERTS, Mr. GANSKE, Mr. MCCOLLUM, Mr. taining insulin and antibiotics; to the Com- STEARNS, Mr. GILCHREST, Mr. SHADEGG, Mr. follows: mittee on Commerce. TAYLOR of North Carolina, and Mr. SAM H.R. 3662 By Mr. GILMAN (for himself, Mr. BE- JOHNSON. OFFERED BY: MR. CONDIT REUTER, Mr. FALEOMAVAEGA, and Mr. H.R. 3245: Mr. MOAKLEY and Mr. GREEN of BERMAN): Texas. AMENDMENT NO. 1: At the end of the bill H. Con. Res. 189. Concurrent resolution ex- H.R. 3258: Mr. RADANOVICH. (before the short title), add the following pressing the sense of the Congress regarding H.R. 3294: Mr. THOMPSON and Mr. new section: the importance of U.S. membership in re- CUMMINGS. SEC. . None of the funds made available gional South Pacific organizations; to the H.R. 3341: Mr. STEARNS, Mr. CALVERT, Mr. by this Act may be expended for disposition Committee on International Relations. GALLEGLY, Mr. OXLEY, Mr. BAKER of Louisi- under section 4(b)(3) of the Endangered Spe- ana, Mr. GREENWOOD, Mr. MANTON, Mr. ACK- cies Act of 1973 (16 U.S.C. 1533(b)(3)) of any f ERMAN, and Mr. TATE. petition that is received by the Secretary (as H.R. 3396: Mr. ALLARD, Mr. LAHOOD, Ms. MEMORIALS that term is used in that section) after the DANNER, Mr. FIELDS of Texas, and Mr. date of the date of the enactment of this Act. KNOLLENBERG. Under clause 4 of rule XXII: H.R. 3662 H.R. 3449: Mr. HAYWORTH and Mr. CHAPMAN. 226. The SPEAKER presented a memorial H.R. 3455: Ms. WOOLSEY and Mr. ACKERMAN. OFFERED BY: MR. DEFAZIO of the Senate of the State of Oklahoma, rel- H.R. 3460: Mr. HEINEMAN, Mr. GEKAS, Mr. AMENDMENT NO. 2: In section 319 (relating ative to Senate Concurrent Resolution No. 57 FROST, and Mr. DREIER. to timber), strike the first, second, and third relating to atomic veterans; requesting rec- H.R. 3520: Mr. LIPINSKI and Mr. DEFAZIO. sentences. ognition of such veterans; requesting the H.R. 3580: Mr. MCCOLLUM, Mr. WELDON of Oklahoma congressional delegation to pro- Florida, Mr. GILCHREST, Mr. QUILLEN, Mr. H.R. 3662 pose or support certain benefits and medals MCKEON, Mr. SOUDER, Mr. DORNAN, Mr. SAM OFFERED BY: MR. DICKS for such veterans; and directing distribution; JOHNSON, Mr. BARTON of Texas, Mr. COBURN, AMENDMENT NO. 3: In Title I, General Pro- to the Committee on Veterans’ Affairs. Mr. CHAMBLISS, Mr. EHRLICH, and Mr. MILLER visions of the bill, strike all of Section 116, of Florida. f dealing with Critical Habitat designation. H.R. 3596: Mr. FOX. H.R. 3604: Mr. NORWOOD. H.R. 3662 ADDITIONAL SPONSORS H.R. 3606: Mr. MATSUI, Mr. BERMAN, Mr. OFFERED BY: MR. FALEOMAVAEGA HINCHEY, Ms. RIVERS, and Ms. NORTON. Under clause 4 of rule XXII, sponsors AMENDMENT NO. 4: Strike section 317. were added to public bills and resolu- H.R. 3619: Mr. LEWIS of Georgia. H.R. 3643: Mr. WELLER, Mr. WATTS of Okla- H.R. 3662 tions as follows: homa, Mr. BILIRAKIS, Mr. SMITH of New Jer- OFFERED BY: MR. FALEOMAVAEGA H.R. 351: Mr. BILBRAY and Mr. MCKEON. sey, Ms. BROWN of Florida, Mr. FLANAGAN, AMENDMENT NO. 5: Strike section 318. H.R. 550: Mr. FRELINGHUYSEN. Mr. STEARNS, Mr. DEAL of Georgia, and Mr. H.R. 797: Mr. FRAZER and Ms. LOFGREN. QUINN. H.R. 3662 H.R. 820: Mr. MARTINEZ, Mr. STUPAK, Mr. H.R. 3645: Mr. TOWNS OFFERED BY: MR. FALEOMAVAEGA H.J. Res. 174: Mr. SHADEGG. MATSUI, Mr. WOLF, Mr. VISCLOSKY, Mr. AMENDMENT NO. 6: Insert after section 320 H.J. Res. 182: Mr. SPRATT, Mr. HALL of DIXON, Mr. PORTMAN, Mr. JOHSNON of South the following new section: Dakota, Mr. BUNNING of Kentucky, and Mr. Ohio, Mr. DELLUMS, and Mr. ENGEL. H. Con. Res. 50: Mr. DURBIN, and Mr. LEVIN. SEC. 321. None of the funds appropriated or CRAPO. H. Con. Res. 173: Mr. MASCARA, Mr. BREW- otherwise made available by this Act may be H.R. 938: Mr. WICKER. STER, Mr. GORDON, Mr. CUNNINGHAM, Mr. LI- used to permit or facilitate the planning, H.R. 972: Ms. DELAURO. PINSKI, Mr. HINCHEY, Ms. DANNER, Ms. NOR- construction, or operation of a third tele- H.R. 1000: Mr. COYNE. TON, Mr. ACKERMAN, Mr. VOLKMER, Mr. scope on Mt. Graham in the Coronado Na- H.R. 1023: Mr. BARRETT of Nebraska. EVANS, Mrs. KENNELLY, and Mr. GREEN of tional Forest unless it is made known that H.R. 1462: Mr. STOKES, Mr. CHRISTENSEN, Texas. the planning, construction, or operation of Mr. MEEHAN, Mr. PETERSON of Minnesota, H. Con. Res. 183: Mr. HOYER, Mr. FAZIO of that telescope first complies with all appli- Mr. COLEMAN, Mr. SCHUMER, Ms. DUNN of California, Mr. DE LA GARZA, Mr. BROWN of cable laws, notwithstanding section 335 of Washington, Mr. CLYBURN, and Mr. CALVERT. Ohio, Mr. LAFALCE, Mr. COLEMAN, Mr. Public Law 104–134. H.R. 1512: Mr. BARR. TEJEDA, Mr. SOUDER, Ms. BROWN of Florida, H.R. 3662 H.R. 1859: Ms. JACKSON-LEE. Mr. KILDEE, Mr. COYNE, Mr. FOX, Mr. TOWNS, OFFERED BY: MR. FARR H.R. 1998: Mr. LAUGHLIN, Mr. ZELIFF, Mr. Mr. BEILENSON, Mr. QUINN, Mr. DIXON, Mr. CRAPO, and Ms. MCKINNEY. MCDERMOTT, Mr. BALLENGER, Ms. LOFGREN, AMENDMENT NO. 7: In the item relating to H.R. 2026: Mr. SCHUMER, Mr. SHAW, Mr. Mr. SPRATT, Mr. CARDIN, Mr. STENHOLM, Mr. the DEPARTMENT OF THE INTERIOR—Bu- HOBSON, Mr. BISHOP, and Mr. BUNNING of STUPAK, Mr. POSHARD, Mr. TORRES, Mrs. reau of Land Management—Land Acquisi- Kentucky. JOHNSON of Connecticut, Ms. MCCARTHY, Mr. tion, insert ‘‘(increased by $4,750,000)’’ after H.R. 2200: Mr. BEVILL and Mr. SAWYER. POMEROY, Mr. NEAL of Massachusetts, Mr. the dollar amount. H.R. 2209: Mr. RADANOVICH, Mr. WALSH, and SISISKY, Mr. SCHUMER, Mr. DOOLEY, Mr. In the item relating to the DEPARTMENT Mrs. MORELLA. VOLKMER, Mr. GORDON, Mr. DICKEY, Mr. OF THE INTERRIOR—United States Fish H.R. 2246: Mr. GORDON and Mr. WELDON of CHAMBLISS, Mr. BAKER of California, Mr. and Wildlife Service—Land Acquisition, in- Pennsylvania. SKEEN, Mr. WATTS of Oklahoma, Mr. MINGE, sert ‘‘(increased by $37,300,000)’’ after the dol- H.R. 2270: Mr. NEUMANN. Mr. KENNEDY of Rhode Island, Mr. lar amount. H.R. 2333: Mr. MCDERMOTT. GUTIERREZ, Mr. CONYERS, Mr. UNDERWOOD, In the item relating to the DEPARTMENT H.R. 2421: Mr. NEAL of Massachusetts, Mr. and Mr. GREEN of Texas. OF THE INTERIOR—National Park Serv- RAMSTAD, and Mr. FRISA. H. Res. 30: Mr. LEWIS of Kentucky. ice—Land Acquisition and State Assist- H.R. 2579: Mrs. MEEK of Florida, Mr. SISI- H. Res. 123: Mr. PORTER. ance— INGE AYWORTH SKY, Mr. VOLKMER, Mr. WISE, Mr. MARTINI, H. Res. 423: Mr. M , Mr. H , Mr. (1) insert ‘‘(increased by $57,790,000)’’ after LEACH, Mr. ZIMMER, and Mr. GOSS. and Mr. MOLLOHAN. the first dollar amount; and H. Res. 439: Mrs. ROUKEMA and Ms. H.R. 2587: Mrs. FOWLER and Mr. KOLBE. (2) insert ‘‘(increased by $2,240,000)’’ after DELAURO. H.R. 2654: Mr. TORRICELLI. the second dollar amount. H. Res. 454: Mr. DEFAZIO, Mrs. CLAYTON, H.R. 2796: Mr. HINCHEY. In the item relating to RELATED AGEN- and Mr. FRANK of Massachusetts. H.R. 2892: Mr. FARR, Mr. HASTINGS of Wash- CIES—Department of Agriculture—Forest f ington, Mr. FRANK of Massachusetts, and Mr. Service—Land Acquisition, insert ‘‘(in- LANTOS. DELETIONS OF SPONSORS FROM creased by $35,310,000)’’ after the dollar H.R. 2900: Mr. CALLAHAN, Mr. SPENCE, Mr. PUBLIC BILLS AND RESOLUTIONS amount. RIGGS, Ms. DANNER, Mr. METCALF, Mr. In the item relating to DEPARTMENT OF HILLEARY, Mr. FOLEY, Mr. WHITFIELD, and Under clause 4 of rule XXII, sponsors ENGERGY—Fossil Energy Research Devel- Mr. DOOLITTLE. were deleted from public bills and reso- opment, insert ‘‘(reduced by $135,150,000)’’ H.R. 2951: Mr. UPTON. lutions as follows: after the dollar amount. H6510 CONGRESSIONAL RECORD — HOUSE June 18, 1996 H.R. 3662 H.R. 3662 (1) after the first dollar amount, insert the OFFERED BY: MR. FOX OF PENNSYLVANIA OFFERED BY: MR. GOSS following: ‘‘(reduced by $12,000,000)’’; and (2) after the second dollar amount, insert AMENDMENT NO. 8: In the item relating to AMENDMENT NO. 12: In the item relating to the following: ‘‘(reduced by $30,000,000)’’. ‘‘DEPARTMENT OF ENGERGY—FOSSIL EN- ‘‘NATIONAL PARK SERVICE—LAND ACQUISITION ERGY RESEARCH AND DEVELOPMENT’’, after the AND STATE ASSISTANCE’’, after the first dollar H.R. 3662 dollar amount, insert the following: ‘‘(re- amount, insert the following: ‘‘(increased by OFFERED BY: MR. KLUG duced by $20,636,000)’’. $15,000,000)’’. AMENDMENT NO. 19: At the end of the bill, In the item relating to ‘‘DEPARTMENT In the item relating to ‘‘FOREST SERVICE— insert after the last section (preceding the OF ENERGY—ENERGY CONSERVATION— RECONSTRUCTION AND CONSTRUCTION’’, after short title) the following new section: (1) after the first dollar amount, insert the the first dollar amount, insert the following: SEC. . (a) REPEAL OF PROGRAM TO AWARD following: ‘‘(increased by $20,636,000)’’’ ‘‘(reduced by $15,000,000)’’. AND RELEASE UNAWARDED TIMBER SALE CON- (2) after the second dollar amount, insert H.R. 3662 TRACTS.—Hereafter, subsection (k) of section the following: ‘‘(increased by $20,636,000)’’; OFFERED BY: MR. GOSS (3) after the third dollar amount, insert the 2001 of Public Law 104–19 (109 Stat. 240 is re- following: ‘‘(increased by $14,196,000)’’; and AMENDMENT NO. 13: In the item relating to pealed. (4) after the fourth dollar amount, insert ‘‘NATIONAL PARK SERVICE—LAND ACQUISITION (b) EXISTING TIMBER SALE CONTRACTS.— the following: ‘‘(increased by $6,440,000)’’. AND STATE ASSISTANCE’’, after the first dollar (1) SUSPENSION.—Notwithstanding any out- amount, insert the following: ‘‘(increased by standing judicial order or administrative H.R. 3662 $19,100,000)’’. proceeding interpreting subsection (k) of sec- OFFERED BY: MR. FOX OF PENNSYLVANIA In the item relating to ‘‘FOREST SERVICE— tion 2001 of Public Law 104–19 (109 Stat. 240), AMENDMENT NO. 9: In the item relating to RECONSTRUCTION AND CONSTRUCTION’’, after as in existence prior to the date of the enact- ‘‘DEPARTMENT OF ENERGY—ENERGY CON- the first dollar amount, insert the following: ment of this Act, the Secretary of Agri- SERVATION’’— ‘‘(reduced by $19,100,000)’’. culture and the Secretary of the Interior (1) after the second dollar amount, insert H.R. 3662 shall immediately suspend each timber sale the following: ‘‘(increased by $18,204,000)’’; or activity that is being undertaken in whole OFFERED BY: MR. GOSS (2) after the third dollar amount, insert the or in part under the authority provided in following: ‘‘(increased by $11,764,000)’’; and AMENDMENT NO. 14: In the item relating to such subsection. ‘‘NATIONAL PARK SERVICE—LAND ACQUISITION (3) after the fourth dollar amount, insert (2) TERMINATION.—Upon suspension of each the following: ‘‘(increased by $6,440,000)’’. AND STATE ASSISTANCE’’, insert before the pe- timber sale or activity under paragraph (1), H.R. 3662 riod at the end the following: the Secretary concerned shall exercise any : Provided further, That, of the funds made OFFERED BY: MS. FURSE provision of the original contract that au- available in this paragraph, $15,000,000 shall AMENDMENT NO. 10: At the end of the bill, thorizes termination and payment of speci- be for acquisition of Everglades restoration fied damages. insert after the last section (preceding the areas short title) the following new section: H.R. 3662 H.R. 3662 SEC. . (a) REPEAL OF EMERGENCY SALVAGE OFFERED BY: MR. KOLBE TIMBER SALE PROGRAM OF PUBLIC LAW 104– OFFERED BY: MR. GUTKNECHT AMENDMENT NO. 20: In Title I of the bill, 19.—Hereafter, section 2001 of Public Law AMENDMENT NO. 15: At the end of the bill strike all of Section 117 dealing with the pro- 104–19 (109 Stat. 240) is repealed. before the short title, insert the following hibition of the Bureau of Indian Affairs (BIA) (b) IMPLEMENTATION.—Notwithstanding new section: from transferring any land into trust under any outstanding judicial order or adminis- SEC. . Each amount appropriated or oth- section 5 of the Indian Reorganization Act or trative proceeding interpreting section 2001 erwise made available by this Act that is not any other federal statute. of Public Law 104–19 (109 Stat. 240), the Sec- required to be appropriated or otherwise retary of Agriculture and the Secretary of made available by a provision of law is here- H.R. 3662 the Interior shall suspend, effective on the by reduced by 1.9 percent. OFFERD BY: MR. MILLER OF CALIFORNIA date of the enactment of this Act, each and H.R. 3662 AMENDMENT NO. 21: In the item relating to every activity that is being undertaken in OFFERED BY: MR. HOEKSTRA the DEPARTMENT OF THE INTERIOR—Na- whole or in part under the authority pro- AMENDMENT NO. 16: In the item relating to tional Park Service—National Recreation vided in such section unless the Secretary ‘‘NATIONAL ENDOWMENT FOR THE ARTS— and Preservation, insert ‘‘(increased by concerned determines that the activity GRANTS AND ADMINISTRATION’’, after the dol- $10,000,000)’’ after the dollar amount. would have been undertaken even in the ab- lar amount, insert the following: ‘‘(reduced In the item relating to DEPARTMENT OF sence of such section. All such suspended ac- by $31,500)’’. ENGERY—Fossil Energy Research and De- tivities shall be subject to all applicable en- velopment, insert ‘‘(reduced by $10,000,000)’’ H.R. 3662 vironmental and natural resource laws. The after the dollar amount. OFFERED BY: MR. ISTOOK Secretary concerned may not resume an ac- H.R. 3662 tivity suspended under this subsection unless AMENDMENT NO. 17: At the end of the bill, and until the Secretary concerned deter- insert after the last section (preceding the OFFERED BY: MR. MILLER OF CALIFORNIA mines that the activity (as originally com- short title) the following new section: AMENDMENT NO. 22: At the end of the bill, menced or as modified after the date of the SEC. . None of the funds made available insert after the last section (preceding the enactment of this Act) complies with all en- in this Act may be used by the Bureau of In- short title) the following new section: vironmental and natural resource laws appli- dian Affairs to transfer any land into trust ‘‘None of the funds appropriated or other- cable to the activity. under section 5 of the Indian Reorganization wise made available by this Act may be used (c) SECRETARY CONCERNED DEFINED.—In Act (25 U.S.C. 465), or any other Federal stat- for the purposes of implementing Tongass this section, the term ‘‘Secretary concerned’’ ute that does not explicitly denominate and National Forest timber contract A10fs–1042 means— identify a specific tribe or specific property, between the United States and Ketchikan (1) the Secretary of Agriculture, with re- except when it is made known to the Federal Pulp Company.’’ spect to activities involving lands within the official having authority to obligate or ex- H.R. 3662 National Forest System; and pend such funds that— OFFERED BY: MR. PARKER (2) the Secretary of the Interior, with re- (1) a binding agreement is in place between spect to activities involving Federal lands the tribe that will have jurisdiction over the AMENDMENT NO. 23: In the item relating to under the jurisdiction of the Bureau of Land land to the taken into trust and the appro- ‘‘DEPARTMENT OF ENERGY—ENERGY Management. priate State and local officials; and CONSERVATION’’— H.R. 3662 (2) such agreement provides, for as long as (1) after the second dollar amount, insert the land is held in trust, for the collection the following: ‘‘(increased by $18,204,000)’’; OFFERED BY: MS. FURSE and payment, by any retail establishment lo- and AMENDMENT NO. 11: At the end of the bill, cated on the land to be taken into trust, of (2) after the third dollar amount, insert the insert after the last section (preceding the State and local sales and excise taxes, in- following: ‘‘(increased by $11,764,000)’’; and short title) the following new section: cluding any special tax on motor fuel, to- (3) after the fourth dollar amount, insert SEC. . None of the funds appropriated or bacco, or alcohol, on any retail item sold to the following: ‘‘(increased by $6,440,000)’’. otherwise made available in this Act (includ- any nonmember of the tribe for which the H.R. 3662 ing funds appropriated or otherwise made land is held in trust, or an agreed upon pay- available for salaries and expenses of em- OFFERED BY: MR. RICHARDSON ment in lieu of such taxes. ployees of the Department of Agriculture or AMENDMENT NO. 24: On page 10 under the H.R. 3662 the Department of the Interior) may be used item ‘‘UNITED STATES FISH AND WILDLIFE to prepare, advertise, offer, or award any OFFERED BY: MR. KENNEDY OF SERVICE’’, under the item ‘‘RESOURCE MAN- contract under any provision of the emer- MASSACHUSETTS AGEMENT’’, after the second dollar amount gency salvage timber sale program estab- AMENDMENT NO. 18: In the item relating to insert ‘‘(increased by $5,000,000)’’. lished under section 2001 of Public Law 104– ‘‘FOREST SERVICE—RECONSTRUCTION AND CON- On page 58 under the item ‘‘DEPARTMENT 19 (109 Stat. 240; 16 U.S.C. 1611 note). STRUCTION’’— OF ENERGY’’, under the item ‘‘FOSSIL ENERGY June 18, 1996 CONGRESSIONAL RECORD — HOUSE H6511

RESEARCH AND DEVELOPMENT’’, after the first NATIONAL FOUNDATION ON THE ARTS AND THE the House of Representatives on May 24, 1995, dollar amount insert ‘‘(reduced by HUMANITIES’’, strike all the items relating to are hereby enacted into law. $7,000,000)’’. ‘‘NATIONAL ENDOWMENT FOR THE HUMAN- H.R. 3666 H.R. 3662 ITIES’’. OFFERED BY: MR. ORTON OFFERED BY: MR. RICHARDSON H.R. 3662 AMENDMENT NO. 25: On page 15 under the OFFERED BY: MR. SKAGGS AMENDMENT NO. 2: At the end of the item item ‘‘NATIONAL PARK SERVICE’’, under the AMENDMENT NO. 31: In Title I of the bill, relating to ‘‘DEPARTMENT OF HOUSING item ‘‘OPERATION OF THE NATIONAL PARK SYS- under the heading of ‘‘Minerals Management AND URBAN DEVELOPMENT—ADMINISTRA- TEM’’, after the 3d dollar amount insert ‘‘(in- Service, Royalty and Offshore Minerals Man- TIVE PROVISIONS’’, insert the following new creased by $43,165,000)’’. agement’’, strike ‘‘$186,555,000’’ and in lieu section: On page 58 under the item ‘‘DEPARTMENT thereof insert ‘‘$182,555,000’’; in Title II, SEC. 207. AUTHORITY TO USE AMOUNTS BOR- OF ENERGY’’, under the item ‘‘FOSSIL EN- under the heading ‘‘Department of Energy, ROWED FROM FAMILY MEMBERS FOR ERGY RESEARCH AND DEVELOPMENT’’, after the Fossil Energy Research and Development’’, DOWNPAYMENTS ON FHA-INSURED LOANS.—(a) 1st dollar amount insert ‘‘(reduced by strike ‘‘$358,754,000’’ and in lieu thereof in- IN GENERAL.—Section 203(b)(9) of the Na- $85,000,000)’’. sert ‘‘$354,754,000’’; and under the heading tional Housing Act (12 U.S.C. 1709(b)(9)) is H.R. 3662 ‘‘Energy Conservation’’, strike ‘‘$499,680,000’’ amended by inserting before the period at and in lieu thereof insert ‘‘$507,680,000’’. the end the following: ‘‘: Provided further, OFFERED BY: MR. SANDERS H.R. 3662 That for purposes of this paragraph, the Sec- AMENDMENT NO. 26: In the item relating to retary shall consider as cash or its equiva- OFFERED BY: MR. STUPAK ‘‘NATIONAL PARK SERVICE—OPERATIONS’’, lent any amounts borrowed from a family after the dollar amount, insert the following: AMENDMENT NO. 32: At the end of the bill member (as such term is defined in section ‘‘(increased by $340,000)’’. (preceding the short title) add the following 201), subject only to the requirements that, In the item relating to ‘‘NATIONAL PARK new section: in any case in which the repayment of such SEC. . None of the amounts made avail- SERVICE—OPERATIONS’’, insert before the pe- borrowed amounts is secured by a lien able by this Act may be used for design, riod the following: against the property, such lien shall be sub- planning, implementation, engineering, con- : Provided further, That, of the funds provided ordinate to the mortgage and the sum of the struction, or any other activity in connec- in this paragraph, $340,000 shall be for the principal obligation of the mortgage and the tion with a scenic shoreline drive in Pictured Marsh Billings Park, in Vermont obligation secured by such lien may not ex- Rocks National Lakeshore. In the item relating to ‘‘DEPARTMENT ceed 100 percent of the appraised value of the OF ENERGY—NAVAL PETROLEUM AND OIL H.R. 3662 property plus any initial service charges, ap- SHALE RESERVES’’, after the dollar amount, OFFERED BY: MR. VENTO praisal, inspection, and other fees in connec- insert the following: ‘‘(reduced by $340,000)’’. AMENDMENT NO. 33: In the item relating to tion with the mortgage’’. H.R. 3662 the DEPARTMENT OF THE INTERIOR—Na- (b) DEFINITION OF FAMILY MEMBER.—Sec- OFFERED BY: MR. SANDERS tional Park Service—Operation of the Na- tion 201 of the National Housing Act (12 AMENDMENT NO. 27: In the item relating to tional Park System, insert ‘‘(increased by U.S.C. 1707) is amended by adding at the end ‘‘BUREAU OF LAND MANAGEMENT—PAYMENTS $23,480,000)’’ after the third dollar amount. the following new subsections: IN LIEU OF TAXES’’, after the first dollar In the item relating to RELATED AGEN- ‘‘(e) The term ‘family member’ means, amount, insert the following: ‘‘(increased by CIES—Department of Agriculture—Forest with respect to a mortgagor under such sec- $10,000,000)’’. Service—Reconstruction and Construction, tion, a child, parent, or grandparent of the In the item relating to ‘‘DEPARTMENT insert ‘‘(reduced by $28,050,000)’’ after the mortgagor (or the mortgagor’s spouse). In OF ENERGY—FOSSIL ENERGY RESEARCH AND first dollar amount. determining whether any of the relation- DEVELOPMENT, after the dollar amount, in- H.R. 3662 ships referred to in the preceding sentence sert the following: ‘‘(reduced by $25,000,000)’’. OFFERED BY: MR. WALKER exist, a legally adopted son or daughter of an H.R. 3662 AMENDMENT NO. 34: In the item relating to individual (and a child who is a member of OFFERED BY: MR. SANDERS ‘‘NATIONAL PARK SERVICE—OPERATION OF THE an individual’s household, if placed with such individual by an authorized placement AMENDMENT NO. 28: In the item relating to NATIONAL PARK SYSTEM’’, after the third dol- agency for legal adoption by such individ- ‘‘DEPARTMENT OF ENERGY—NAVAL PE- lar amount, insert the following: ‘‘(increased ual), and a foster child of an individual, shall TROLEUM AND OIL SHALE RESERVES’’, after the by $62,000,000)’’. be treated as a child of such individual by dollar amount, insert the following: ‘‘(re- In the item relating to ‘‘BUREAU OF INDIAN blood. duced by $11,764,000)’’. AFFAIRS—OPERATION OF INDIAN PROGRAMS’’— In the item relating to ‘‘DEPARTMENT (1) after the first dollar amount insert the ‘‘(f) The term ‘child’ means, with respect OF ENERGY—ENERGY CONSERVATION’’, after following: ‘‘(increased by $27,534,000)’’; and to a mortgagor under such section, a son, each of the first, second, and third dollar (2) after the fourth dollar amount, insert stepson, daughter, or stepdaughter of such amounts, insert the following: ‘‘(increased by the following: ‘‘(increased by $27,534,000)’’; mortgagor.’’. and $11,764,000)’’. H.R. 3666 In the item relating to ‘‘DEPARTMENT H.R. 3662 OF ENERGY—FOSSIL ENERGY RESEARCH AND OFFERED BY: MR. SANDERS OFFERED BY: MR. SHADEGG DEVELOPMENT ’’, after the dollar amount, in- AMENDMENT NO. 3: In the item relating to AMENDMENT NO. 29: In the item relating to sert the following: ‘‘(reduced by $137,804,000)’’ ‘‘DEPARTMENT OF HOUSING AND URBAN ‘‘OTHER RELATED AGENCIES—NATIONAL H.R. 3666 DEVELOPMENT—Management and Admin- FOUNDATION ON THE ARTS AND THE HUMAN- OFFERED BY: MR. ORTON istration—Salaries and expenses’’, after the ITIES—NATIONAL ENDOWMENT FOR THE HU- first dollar amount, insert the following: MANITIES—GRANTS AND ADMINISTRATION’’, AMENDMENT NO. 1: At the end of the item ‘‘(reduced by $1,411,000)’’. strike ‘‘$92,994,000’’ and insert ‘‘$80,000,000’’. relating to ‘‘DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT—ADMINISTRA- In the item relating to ‘‘INDEPENDENT H.R. 3662 TIVE PROVISIONS’’, insert the following new AGENCIES—Court of Veterans Appeals—Sal- OFFERED BY: MR. SHADEGG section: aries and expenses’’, after the dollar amount, AMENDMENT NO. 30: In the items under the SEC. 207. Sections 401 and 402 of the bill, insert the following: ‘‘(increased by heading ‘‘OTHER RELATED AGENCIES— H.R. 1708, 104th Congress, as introduced in $1,411,000)’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, JUNE 18, 1996 No. 90 Senate The Senate met at 10 a.m., and was SCHEDULE mittees. I know that in the years I called to order by the President pro Mr. LOTT. Mr. President, today, we have been on the Armed Services Com- tempore [Mr. THURMOND.] will immediately begin considering S. mittee this has been the most coopera- 1745, the Department of Defense au- tive atmosphere we have had in the PRAYER thorization bill. Under the terms of the committee. The Chaplain, Dr. Lloyd John consent agreement reached last week, I think we have a good bill. I know Ogilvie, offered the following prayer. Senators may debate the bill this there are going to be some very serious Gracious Father, help us not to lose morning. However, no amendments will amendments offered and debated. We our sense of humor. Free us to laugh at be in order prior to 2:15 p.m. today. will have plenty of opportunity to ex- ourselves when we do the wrong thing I hope the Senate can make substan- press our concerns and to change the at the right time or the right thing at tial progress on the DOD bill today and bill in ways that Members feel strongly an inappropriate time. Sometimes we this evening. I expect to complete ac- about. say things that make us cringe when tion on that bill this week. All Sen- we review the day. When we take our- ators can, therefore, expect rollcall I commend, again, the chairman of selves too seriously we tighten up and votes throughout the day. the committee, Senator THURMOND become tense. Little issues become so The Senate will recess between the from South Carolina, for the leadership crucial we miss the big issues con- hours of 12:30 and 2:15 for the weekly he has shown on this bill. He said that fronting us. We worry about what oth- policy conferences to meet. As a re- we were not going to wait way into the ers think of us. minder to all Senators, at 9:30 on summer and get tangled up into the ap- Relieve us of our assumed impor- Thursday, the Senate will resume con- propriations process. We are going to tance and help us realize they seldom sideration of the nomination of Alan have the authorization bill ready. He do think of us. Forgive us for all the Greenspan to be Chairman of the Fed- did that. The bill was ready by the Me- good energy we waste on checking our eral Reserve Board. Under a consent morial Day recess. I appreciate him own popularity pulse. Make us so se- order, a vote will occur at 2 p.m. and have enjoyed so much working cure in Your love that we can lighten Thursday on the Greenspan nomina- with him. I know he is raring to go, so, up, and then, listen up to what You tion, and that will be followed by votes Mr. Chairman, it is yours. want us to be and do about what really on the other nominees to the Federal matters. Make us carefree, but never Reserve Board. I yield the floor. careless. In the name of Jesus who I also hope that this week the Senate taught us that by worrying we could may act on legislation regarding the f not add one cubit to our stature, but by church burnings, Mr. President. We are seeking first Your kingdom all things very close to a bipartisan resolution on NATIONAL DEFENSE AUTHORIZA- that are truly important would be ours this matter. We need to express the TION ACT FOR FISCAL YEAR 1997 as well. Amen. outrage of the Senate, and we need to make sure that our law enforcement The PRESIDING OFFICER (Mr. f officials have whatever tools they need BROWN). Under the previous order, the to investigate these despicable acts and Senate will proceed, for debate only, to RECOGNITION OF THE MAJORITY take appropriate action to find the the consideration of S. 1745, which the LEADER guilty parties and help bring an end to clerk will report. The PRESIDENT pro tempore. The these activities across our country. The legislative clerk read as follows: able majority leader, Senator LOTT, is f recognized. A bill (S. 1745) to authorize appropriations NATIONAL DEFENSE for fiscal year 1997 for military activities of f AUTHORIZATION ACT the Department of Defense, for military con- Mr. LOTT. Mr. President, I want to struction, and for defense activities of the THE SENATE CHAPLAIN say, before I yield the floor, that I am Department of Energy, to prescribe per- sonnel strengths for such fiscal year for the Mr. LOTT. Thank you, Mr. President. very pleased that we are ready to go Armed Forces, and for other purposes. Again, I want to express our appre- now with the Department of Defense ciation for the wonderful words of our authorization bill. The committee has The Senate proceeded to consider the Chaplain, as he offers the blessing in been ready to go for about 3 weeks. bill, which had been reported from the this institution and helps us maintain There have been some problems that Committee on Armed Services, with our balance as we do our jobs. are being ironed out with other com- amendments, as follows:

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

S6313

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VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6314 CONGRESSIONAL RECORD — SENATE June 18, 1996 (The parts of the bill intended to be Sec. 221. Counterproliferation support pro- Sec. 342. Defense contractors covered by re- stricken are shown in boldface brack- gram. quirement for reports on con- ets and the parts of the bill intended to Sec. 222. Federally funded research and de- tractor reimbursement costs be inserted are shown in italic.) velopment centers and univer- for response actions. sity-affiliated research centers. Sec. 343. Repeal of redundant notification S. 1745 Subtitle C—Ballistic Missile Defense and consultation requirements regarding remedial investiga- Be it enacted by the Senate and House of Rep- Sec. 231. United States compliance policy tions and feasibility studies at resentatives of the United States of America in regarding development, testing, certain installations to be Congress assembled, and deployment of theater mis- closed under the base closure SECTION 1. SHORT TITLE. sile defense systems. This Act may be cited as the ‘‘National De- Sec. 232. Prohibition on use of funds to im- laws. Sec. 344. Payment of certain stipulated civil fense Authorization Act for Fiscal Year plement an international agree- 1997’’. penalties. ment concerning theater mis- Sec. 345. Authority to withhold listing of SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; sile defense systems. Federal facilities on National TABLE OF CONTENTS. Sec. 233. Conversion of ABM treaty to multi- Priorities List. (a) DIVISIONS.—This Act is organized into lateral treaty. Sec. 346. Authority to transfer contami- three divisions as follows: Sec. 234. Funding for upper tier theater mis- nated Federal property before (1) Division A—Department of Defense Au- sile defense systems. completion of required reme- thorizations. Sec. 235. Elimination of requirements for dial actions. (2) Division B—Military Construction Au- certain items to be included in Sec. 347. Clarification of meaning of thorizations. the annual report on the bal- uncontaminated property for (3) Division C—Department of Energy Na- listic missile defense program. purposes of transfer by the tional Security Authorizations and Other Sec. 236. ABM treaty defined. United States. Authorizations. Subtitle D—Other Matters Sec. 348. Shipboard solid waste control. (b) TABLE OF CONTENTS.—The table of con- Sec. 241. Live-fire survivability testing of F– Sec. 349. Cooperative agreements for the tents for this Act is as follows: 22 aircraft. management of cultural re- DIVISION A—DEPARTMENT OF DEFENSE Sec. 242. Live-fire survivability testing of V– sources on military installa- AUTHORIZATIONS 22 aircraft. tions. Sec. 350. Report on withdrawal of public Subtitle E—National Oceanographic TITLE I—PROCUREMENT lands at El Centro Naval Air Partnership Subtitle A—Authorization of Appropriations Facility, California. Sec. 101. Army. Sec. 251. Short title. Sec. 351. Use of hunting and fishing permit Sec. 102. Navy and Marine Corps. Sec. 252. National Oceanographic Partner- fees collected at closed military Sec. 103. Air Force. ship Program. reservations. Sec. 104. Defense-wide activities. TITLE III—OPERATION AND Subtitle E—Other Matters Sec. 105. Reserve components. MAINTENANCE Sec. 361. Firefighting and security-guard Sec. 106. Defense Inspector General. Subtitle A—Authorization of Appropriations functions at facilities leased by Sec. 107. Chemical demilitarization pro- Sec. 301. Operation and maintenance fund- the Government. gram. ing. Sec. 362. Authorized use of recruiting funds. Sec. 108. Defense health program. Sec. 302. Working capital funds. Sec. 363. Noncompetitive procurement of Sec. 109. Defense Nuclear Agency. Sec. 303. Defense Nuclear Agency. brand-name commercial items Subtitle B—Army Programs Sec. 304. Transfer from National Defense for resale in commissary stores. Sec. 111. Multiyear procurement of Javelin Stockpile Transaction Fund. Sec. 364. Administration of midshipmen’s missile system. Sec. 305. Civil Air Patrol. store and other Naval Academy Sec. 112. Army assistance for Chemical De- Sec. 306. SR–71 contingency reconnaissance support activities as non- militarization Citizens’ Advi- force. appropriated fund instrumen- sory Commissions. Subtitle B—Program Requirements, talities. Sec. 365. Assistance to committees involved Restrictions, and Limitations Subtitle C—Navy Programs in inauguration of the Presi- Sec. 121. EA–6B aircraft reactive jammer Sec. 311. Funding for second and third mari- dent. program. time prepositioning ships out of Sec. 366. Department of Defense support for Sec. 122. Penguin missile program. National Defense Sealift Fund. sporting events. Sec. 123. Nuclear attack submarine pro- Sec. 312. National Defense Sealift Fund. Sec. 367. Renovation of building for Defense grams. Sec. 313. Nonlethal weapons capabilities. Finance and Accounting Serv- Sec. 124. Arleigh Burke class destroyer pro- Sec. 314. Restriction on Coast Guard fund- ice Center, Fort Benjamin Har- gram. ing. rison, Indiana. Subtitle D—Air Force Programs Subtitle C—Depot-Level Activities TITLE IV—MILITARY PERSONNEL Sec. 131. Multiyear contracting authority Sec. 321. Department of Defense perform- AUTHORIZATIONS for the C–17 aircraft program. ance of core logistics functions. Subtitle A—Active Forces Sec. 322. Increase in percentage limitation TITLE II—RESEARCH, DEVELOPMENT, Sec. 401. End strengths for active forces. on contractor performance of TEST, AND EVALUATION Sec. 402. Temporary flexibility relating to depot-level maintenance and re- permanent end strength levels. Subtitle A—Authorization of Appropriations pair workloads. Sec. 403. Authorized strengths for commis- Sec. 201. Authorization of appropriations. Sec. 323. Report on depot-level maintenance sioned officers in grades O–4, O– Sec. 202. Amount for basic research and ex- and repair. 5, and O–6. ploratory development. Sec. 324. Depot-level maintenance and repair Sec. 404. Extension of requirement for rec- Sec. 203. Defense Nuclear Agency. workload defined. ommendations regarding ap- Subtitle B—Program Requirements, Sec. 325. Strategic plan relating to depot- pointments to joint 4-star offi- Restrictions, and Limitations level maintenance and repair. cer positions. Sec. 326. Annual report on competitive pro- Sec. 211. Space launch modernization. Sec. 405. Increase in authorized number of cedures. Sec. 212. Department of Defense Space Ar- general officers on active duty Sec. 327. Annual risk assessments regarding chitect. in the Marine Corps. private performance of depot- Sec. 213. Space-based infrared system pro- Subtitle B—Reserve Forces level maintenance work. gram. Sec. 328. Extension of authority for naval Sec. 411. End strengths for Selected Reserve. Sec. 214. Research for advanced submarine Sec. 412. End strengths for Reserves on ac- shipyards and aviation depots technology. tive duty in support of the re- to engage in defense-related Sec. 215. Clementine 2 micro-satellite devel- serves. production and services. opment program. Sec. 329. Limitation on use of funds for F–18 Subtitle C—Authorization of Appropriations Sec. 216. Tactical unmanned aerial vehicle aircraft depot maintenance. Sec. 421. Authorization of appropriations for program. Sec. 330. Depot maintenance and repair at military personnel. Sec. 217. Defense airborne reconnaissance facilities closed by BRAC. program. TITLE V—MILITARY PERSONNEL POLICY Sec. 218. Cost analysis of F–22 aircraft pro- Subtitle D—Environmental Provisions Subtitle A—Officer Personnel Policy gram. Sec. 341. Establishment of separate environ- Sec. 501. Extension of authority for tem- Sec. 219. F–22 aircraft program reports. mental restoration transfer ac- porary promotions for certain Sec. 220. Nonlethal weapons and tech- counts for each military de- Navy lieutenants with critical nologies programs. partment. skills.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0655 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6315 Sec. 502. Exception to baccalaureate degree Sec. 562. Exception to grade limitations for Sec. 633. Cost-of-living increases in SBP requirement for appointment in Public Health Service officers contributions to be effective the Naval Reserve in grades assigned to the Department of concurrently with payment of above O–2. Defense. related retired pay cost-of-liv- Sec. 503. Time for award of degrees by Subtitle F—Defense Economic Adjustment, ing increases. unaccredited educational insti- Diversification, Conversion, and Stabilization Sec. 634. Annuities for certain military sur- tutions for graduates to be con- viving spouses. Sec. 571. Authority to expand law enforce- sidered educationally qualified Sec. 635. Adjusted annual income limitation ment placement program to in- for appointment as Reserve of- applicable to eligibility for in- clude firefighters. ficers in grade O–3. come supplement for certain Sec. 572. Troops-to-teachers program im- Sec. 504. Chief Warrant Officer promotions. widows of members of the uni- provements. Sec. 505. Frequency of periodic report on formed services. promotion rates of officers cur- Subtitle G—Armed Forces Retirement Home Subtitle E—Other Matters rently or formerly serving in Sec. 581. References to Armed Forces Retire- Sec. 641. Reimbursement for adoption ex- joint duty assignments. ment Home Act of 1991. penses incurred in adoptions Subtitle B—Matters Relating to Reserve Sec. 582. Acceptance of uncompensated serv- through private placements. Components ices. Sec. 642. Waiver of recoupment of amounts Sec. 583. Disposal of real property. Sec. 511. Clarification of definition of active withheld for tax purposes from Sec. 584. Matters concerning personnel. status. certain separation pay received Sec. 512. Amendments to Reserve Officer Sec. 585. Fees for residents. by involuntarily separated Personnel Management Act Sec. 586. Authorization of appropriations. members and former members provisions. TITLE VI—COMPENSATION AND OTHER of the Armed Forces. Sec. 513. Repeal of requirement for physical PERSONNEL BENEFITS examinations of members of TITLE VII—HEALTH CARE PROVISIONS Subtitle A—Pay and Allowances National Guard called into Fed- Sec. 701. Implementation of requirement for eral service. Sec. 601. Military pay raise for fiscal year Selected Reserve dental insur- Sec. 514. Authority for a Reserve on active 1997. ance plan. duty to waive retirement sanc- Sec. 602. Rate of cadet and midshipman pay. Sec. 702. Dental insurance plan for military tuary. Sec. 603. Pay of senior noncommissioned of- retirees and certain dependents. Sec. 515. Retirement of Reserves disabled by ficers while hospitalized. Sec. 703. Uniform composite health care sys- injury or disease incurred or Sec. 604. Basic allowance for quarters for tem software. aggravated during overnight members assigned to sea duty. Sec. 704. Clarification of applicability of stay between inactive duty Sec. 605. Uniform applicability of discretion CHAMPUS payment rules to training periods. to deny an election not to oc- private CHAMPUS providers for Sec. 516. Reserve credit for participation in cupy Government quarters. care provided to enrollees in the Health Professions Scholar- Sec. 606. Family separation allowance for health care plans of Uniformed ship and Financial Assistance members separated by military Services Treatment Facilities. Program. orders from spouses who are Sec. 705. Enhancement of third-party collec- Sec. 517. Report on Guard and Reserve force members. tion and secondary payer au- structure. Sec. 607. Waiver of time limitations for thorities under CHAMPUS. Subtitle C—Officer Education Programs claim for pay and allowances. Sec. 706. Codification of authority to credit Sec. 521. Increased age limit on appointment Subtitle B—Bonuses and Special and CHAMPUS collections to pro- as a cadet or midshipman in the Incentive Pays gram accounts. Senior Reserve Officers’ Train- Sec. 611. Extension of certain bonuses for re- Sec. 707. Comptroller General review of ing Corps and the service acad- serve forces. health care activities of the De- emies. Sec. 612. Extension of certain bonuses and partment of Defense relating to Sec. 522. Demonstration project for instruc- special pay for nurse officer Persian Gulf illnesses. tion and support of Army ROTC candidates, registered nurses, TITLE VIII—ACQUISITION POLICY, ACQUI- units by members of the Army and nurse anesthetists. SITION MANAGEMENT, AND RELATED Reserve and National Guard. Sec. 613. Extension of authority relating to MATTERS Subtitle D—Other Matters payment of other bonuses and Sec. 801. Procurement technical assistance Sec. 531. Retirement at grade to which se- special pays. programs. lected for promotion when a Sec. 614. Increased special pay for dental of- Sec. 802. Extension of pilot mentor-protege physical disability is found at ficers of the Armed Forces. program. any physical examination. Sec. 615. Retention special pay for Public Sec. 803. Modification of authority to carry Sec. 532. Limitations on recall of retired Health Service optometrists. out certain prototype projects. members to active duty. Sec. 616. Special pay for nonphysician Sec. 804. Revisions to the program for the Sec. 533. Disability coverage for officers health care providers in the assessment of the national de- granted excess leave for edu- Public Health Service. fense technology and industrial cational purposes. Sec. 617. Foreign language proficiency pay base. Sec. 534. Uniform policy regarding retention for Public Health Service and Sec. 805. Procurements to be made from of members who are perma- National Oceanic and Atmos- small arms industrial base nently nonworldwide assign- pheric Administration officers. firms. able. Subtitle C—Travel and Transportation Sec. 806. Exception to prohibition on pro- Sec. 535. Authority to extend period for en- Allowances curement of foreign goods. listment in regular component Sec. 807. Treatment of Department of De- under the delayed entry pro- Sec. 621. Round trip travel allowances for shipping motor vehicles at Gov- fense cable television franchise gram. agreements. Sec. 536. Career service reenlistments for ernment expense. Sec. 808. Remedies for reprisals against con- members with at least 10 years Sec. 622. Option to store instead of transport tractor employee whistle- of service. a privately owned vehicle at blowers. Sec. 537. Revisions to missing persons au- the expense of the United Sec. 809. Implementation of information thorities. States. Sec. 538. Inapplicability of Soldiers’ and Sec. 623. Deferral of travel with travel and technology management re- Sailors’ Civil Relief Act of 1940 transportation allowances in form. to the period of limitations for connection with leave between TITLE IX—DEPARTMENT OF DEFENSE filing claims for corrections of consecutive overseas tours. ORGANIZATION AND MANAGEMENT military records. Sec. 624. Funding for transportation of Subtitle A—General Matters household effects of Public Sec. 539. Medal of Honor for certain African- Sec. 901. Repeal of reorganization of Office Health Service officers. American soldiers who served of Secretary of Defense. in World War II. Subtitle D—Retired Pay, Survivor Benefits, Sec. 902. Codification of requirements relat- Subtitle E—Commissioned Corps of the and Related Matters ing to continued operation of Public Health Service Sec. 631. Effective date for military retiree the Uniformed Services Univer- Sec. 561. Applicability to Public Health cost-of-living adjustment for sity of the Health Sciences. Service of prohibition on cred- fiscal year 1998. Sec. 903. Codification of requirement for iting cadet or midshipmen serv- Sec. 632. Allotment of retired or retainer United States Army Reserve ice at the service academies. pay. Command.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0655 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6316 CONGRESSIONAL RECORD — SENATE June 18, 1996 Sec. 904. Transfer of authority to control Sec. 1022. Transfer of certain obsolete tug- Sec. 1103. Clarification of limitation on fur- transportation systems in time boats of the Navy. nishing clothing or paying a of war. Sec. 1023. Repeal of requirement for contin- uniform allowance to enlisted øSec. 905. Executive oversight of defense uous applicability of contracts National Guard technicians. human intelligence personnel. for phased maintenance of AE Sec. 1104. Travel expenses and health care øSec. 906. Coordination of defense intel- class ships. for civilian employees of the ligence programs and activi- Sec. 1024. Contract options for LMSR ves- Department of Defense abroad. ties.¿ sels. Sec. 1105. Travel, transportation, and reloca- Sec. ø907.¿ 905. Redesignation of Office of Subtitle C—Counter-Drug Activities tion allowances for certain Naval Records and History former nonappropriated fund Fund and correction of related Sec. 1031. Authority to provide additional employees. references. support for counter-drug activi- Sec. 1106. Employment and salary practices Sec. 906. Role of Director of Central Intelligence ties of Mexico. applicable to Department of De- in appointment and evaluation of Sec. 1032. Limitation on defense funding of fense overseas teachers. certain intelligence officials. the National Drug Intelligence Sec. 1107. Employment and compensation of Subtitle B—National Imagery and Mapping Center. civilian faculty members at Agency Sec. 1033. Investigation of the National Drug certain Department of Defense Intelligence Center. Sec. 911. Short title. schools. Sec. 912. Findings. Subtitle D—Matters Relating to Foreign Sec. 1108. Reimbursement of Department of Countries Defense domestic dependent PART I—ESTABLISHMENT Sec. 1041. Agreements for exchange of de- school board members for cer- Sec. 921. Establishment, missions, and au- tain expenses. thority. fense personnel between the United States and foreign coun- Sec. 1109. Extension of authority for civilian Sec. 922. Transfers. employees of Department of De- Sec. 923. Compatibility with authority under tries. Sec. 1042. Authority for reciprocal exchange fense to participate voluntarily the National Security Act of in reductions in force. 1947. of personnel between the United States and foreign coun- Sec. 1110. Compensatory time off for over- Sec. 924. Other personnel management au- time work performed by wage- thorities. tries for flight training. Sec. 1043. Extension of counterproliferation board employees. Sec. 925. Creditable civilian service for ca- Sec. 1111. Liquidation of restored annual authorities. reer conditional employees of leave that remains unused upon the Defense Mapping Agency. Subtitle E—Miscellaneous Reporting transfer of employee from in- Sec. 926. Saving provisions. Requirements stallation being closed or re- Sec. 927. Definitions. Sec. 1051. Annual report on emerging oper- aligned. Sec. 928. Authorization of appropriations. ational concepts. Sec. 1112. Waiver of requirement for repay- PART II—CONFORMING AMENDMENTS AND Sec. 1052. Annual joint warfighting science ment of voluntary separation EFFECTIVE DATES and technology plan. incentive pay by former De- Sec. 931. Redesignation and repeals. Sec. 1053. Report on military readiness re- partment of Defense employees Sec. 932. References. quirements of the Armed reemployed by the Government Sec. 933. Headings and clerical amendments. Forces. without pay. Sec. 934. Effective dates. Subtitle F—Other Matters Sec. 1113. Federal holiday observance rules for Department of Defense em- TITLE X—GENERAL PROVISIONS Sec. 1061. Uniform Code of Military Justice Subtitle A—Financial Matters ployees. amendments. Sec. 1114. Revision of certain travel manage- Sec. 1001. Transfer authority. Sec. 1062. Limitation on retirement or dis- ment authorities. Sec. 1002. Authority for obligation of certain mantlement of strategic nu- unauthorized fiscal year 1996 clear delivery systems. Subtitle B—Defense Economic Adjustment, defense appropriations. Sec. 1063. Correction of references to Depart- Diversification, Conversion, and Stabilization Sec. 1003. Authorization of prior emergency ment of Defense organizations. Sec. 1121. Pilot programs for defense em- supplemental appropriations Sec. 1064. Authority of certain members of ployees converted to contractor for fiscal year 1996. the Armed Forces to perform employees due to privatization Sec. 1004. Use of funds transferred to the notarial or consular acts. at closed military installations. Coast Guard. Sec. 1065. Training of members of the uni- Sec. 1122. Troops-to-teachers program im- Sec. 1005. Use of military-to-military con- formed services at non-Govern- provements applied to civilian tacts funds for professional ment facilities. personnel. military education and train- Sec. 1066. Third-party liability to United TITLE XII—FEDERAL CHARTER FOR THE ing. States for tortious infliction of FLEET RESERVE ASSOCIATION Sec. 1006. Payment of certain expenses relat- injury or disease on members of Sec. 1201. Recognition and grant of Federal ing to humanitarian and civic the uniformed services. charter. assistance. Sec. 1067. Display of State flags at installa- Sec. 1202. Powers. øSec. 1007. Prohibition on expenditure of De- tions and facilities of the De- Sec. 1203. Purposes. partment of Defense funds by partment of Defense. Sec. 1204. Service of process. officials outside the depart- Sec. 1068. George C. Marshall European Cen- ¿ Sec. 1205. Membership. ment. ter for Strategic Security Stud- Sec. 1206. Board of directors. Sec. ø1008.¿ 1007. Prohibition on use of funds ies. Sec. 1207. Officers. for Office of Naval Intelligence Sec. 1069. Authority to award to civilian Sec. 1208. Restrictions. representation or related ac- participants in the defense of Sec. 1209. Liability. tivities. Pearl Harbor the Congressional Sec. 1210. Maintenance and inspection of Sec. ø1009.¿ 1008. Reimbursement of Depart- medal previously authorized books and records. ment of Defense for costs of dis- only for military participants Sec. 1211. Audit of financial transactions. aster assistance provided out- in the defense of Pearl Harbor. Sec. 1212. Annual report. side the United States. Sec. 1070. Michael O’Callaghan Federal Hos- Sec. 1213. Reservation of right to amend or Sec. ø1010.¿ 1009. Fisher House Trust Fund pital, Las Vegas, Nevada. repeal charter. for the Navy. Sec. 1071. Naming of building at the Uni- Sec. 1214. Tax-exempt status. Sec. ø1011.¿ 1010. Designation and liability formed Services University of Sec. 1215. Termination. of disbursing and certifying of- the Health Sciences. Sec. 1216. Definition. ficials for the Coast Guard. Sec. ø1012.¿ 1011. Authority to suspend or TITLE XI—DEPARTMENT OF DEFENSE DIVISION B—MILITARY CONSTRUCTION terminate collection actions CIVILIAN PERSONNEL AUTHORIZATIONS against deceased members of Subtitle A—Personnel Management, Pay, and Sec. 2001. Short title. the Coast Guard. Allowances TITLE XXI—ARMY Sec. ø1013.¿ 1012. Check cashing and ex- Sec. 1101. Scope of requirement for conver- Sec. 2101. Authorized Army construction change transactions with credit sion of military positions to ci- and land acquisition projects. unions outside the United vilian positions. Sec. 2102. Family housing. States. Sec. 1102. Retention of civilian employee po- Sec. 2103. Improvements to military family Subtitle B—Naval Vessels and Shipyards sitions at military training housing units. Sec. 1021. Authority to transfer naval ves- bases transferred to National Sec. 2104. Authorization of appropriations, sels. Guard. Army.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0655 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6317 TITLE XXII—NAVY Sec. 2822. Land transfer, Potomac Annex, Sec. 3156. Reports on critical difficulties at Sec. 2201. Authorized Navy construction and District of Columbia. nuclear weapons laboratories land acquisition projects. Sec. 2823. Land conveyance, Army Reserve and nuclear weapons produc- Sec. 2202. Family housing. Center, Montpelier, Vermont. tion plants. Sec. 2203. Improvements to military family Sec. 2824. Land conveyance, former Naval Sec. 3157. Extension of applicability of no- housing units. Reserve Facility, Lewes, Dela- tice-and-wait requirement re- Sec. 2204. Defense access roads. ware. garding proposed cooperation Sec. 2205. Authorization of appropriations, Sec. 2825. Land conveyance, Radar Bomb agreements. Navy. Scoring Site, Belle Fourche, Sec. 3158. Redesignation of Defense Environ- TITLE XXIII—AIR FORCE South Dakota. mental Restoration and Waste Sec. 2826. Conveyance of primate research Management Program as De- Sec. 2301. Authorized Air Force construction complex, Holloman Air Force fense Nuclear Waste Manage- and land acquisition projects. ment Program. Sec. 2302. Family housing. Base, New Mexico. Sec. 3159. Commission on Maintaining Sec. 2303. Improvements to military family Sec. 2827. Demonstration project for instal- United States Nuclear Weapons housing units. lation and operation of electric Sec. 2304. Authorization of appropriations, power distribution system at Expertise. Sec. 3160. Sense of Senate regarding reli- Air Force. Youngstown Air Reserve Sta- tion, Ohio. ability and safety of remaining TITLE XXIV—DEFENSE AGENCIES nuclear forces. DIVISION C—DEPARTMENT OF ENERGY Sec. 2401. Authorized Defense Agencies con- TITLE XXXII—DEFENSE NUCLEAR struction and land acquisition NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS FACILITIES SAFETY BOARD projects. Sec. 3201. Authorization. Sec. 2402. Military housing planning and de- TITLE XXXI—DEPARTMENT OF ENERGY sign. NATIONAL SECURITY PROGRAMS TITLE XXXIII—NATIONAL DEFENSE Sec. 2403. Improvements to military family Subtitle A—National Security Programs STOCKPILE housing units. Authorizations Sec. 3301. Authorized uses of stockpile funds. Sec. 3302. Disposal of certain materials in Sec. 2404. Military housing improvement Sec. 3101. Weapons activities. National Defense Stockpile. program. Sec. 3102. Environmental restoration and Sec. 2405. Energy conservation projects. waste management. TITLE XXXIV—NAVAL PETROLEUM Sec. 2406. Authorization of appropriations, Sec. 3103. Other defense activities. RESERVES Defense Agencies. Sec. 3104. Defense nuclear waste disposal. Sec. 3401. Authorization of appropriations. TITLE XXV—NORTH ATLANTIC TREATY Subtitle B—Recurring General Provisions TITLE XXXV—PANAMA CANAL ORGANIZATION SECURITY INVESTMENT Sec. 3121. Reprogramming. COMMISSION PROGRAM Sec. 3122. Limits on general plant projects. Sec. 3501. Short title. Sec. 2501. Authorized NATO construction Sec. 3123. Limits on construction projects. Sec. 3502. Authorization of expenditures. and land acquisition projects. Sec. 3124. Fund transfer authority. Sec. 3503. Purchase of vehicles. Sec. 2502. Authorization of appropriations, Sec. 3125. Authority for conceptual and con- Sec. 3504. Expenditures in accordance with NATO. struction design. other laws. Sec. 2503. Redesignation of North Atlantic Sec. 3126. Authority for emergency plan- SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES Treaty Organization Infrastruc- ning, design, and construction DEFINED. ture program. activities. For purposes of this Act, the term ‘‘con- TITLE XXVI—GUARD AND RESERVE Sec. 3127. Funds available for all national gressional defense committees’’ means— FORCES FACILITIES security programs of the De- (1) the Committee on Armed Services and Sec. 2601. Authorized Guard and Reserve partment of Energy. the Committee on Appropriations of the Sen- construction and land acquisi- Sec. 3128. Availability of funds. ate; and (2) the Committee on National Security tion projects. Subtitle C—Program Authorizations, and the Committee on Appropriations of the Restrictions, and Limitations TITLE XXVII—EXPIRATION AND House of Representatives. EXTENSION OF AUTHORIZATIONS Sec. 3131. Tritium production. DIVISION A—DEPARTMENT OF DEFENSE Sec. 3132. Modernization and consolidation Sec. 2701. Expiration of authorizations and AUTHORIZATIONS amounts required to be speci- of tritium recycling facilities. TITLE I—PROCUREMENT fied by law. Sec. 3133. Modification of requirements for Sec. 2702. Extension of authorizations of cer- manufacturing infrastructure Subtitle A—Authorization of Appropriations tain fiscal year 1994 projects. for refabrication and certifi- SEC. 101. ARMY. Sec. 2703. Extension of authorizations of cer- cation of nuclear weapons Funds are hereby authorized to be appro- tain fiscal year 1993 projects. stockpile. priated for fiscal year 1997 for procurement Sec. 2704. Extension of authorizations of cer- Sec. 3134. Limitation on use of funds for cer- for the Army as follows: tain fiscal year 1992 projects. tain research and development (1) For aircraft, $1,508,515,000. Sec. 2705. Effective date. purposes. (2) For missiles, $1,160,829,000. TITLE XXVIII—GENERAL PROVISIONS Sec. 3135. Accelerated schedule for isolating (3) For weapons and tracked combat vehi- high-level nuclear waste at the Subtitle A—Military Construction Program cles, $1,460,115,000. Defense Waste Processing Fa- and Military Family Housing Changes (4) For ammunition, $1,156,728,000. cility, Savannah River Site. (5) For other procurement, $3,298,940,000. Sec. 2801. Increase in certain thresholds for Sec. 3136. Processing of high-level nuclear unspecified minor construction SEC. 102. NAVY AND MARINE CORPS. waste and spent nuclear fuel (a) NAVY.—Funds are hereby authorized to projects. rods. be appropriated for fiscal year 1997 for pro- Sec. 2802. Clarification of authority to im- Sec. 3137. Fellowship program for develop- prove military family housing. curement for the Navy as follows: ment of skills critical to De- (1) For aircraft, $6,911,352,000. Sec. 2803. Authority to grant easements for partment of Energy nuclear rights-of-way. (2) For weapons, including missiles and weapons complex. torpedoes, $1,513,263,000. Subtitle B—Defense Base Closure and Subtitle D—Other Matters (3) For shipbuilding and conversion, Realignment Sec. 3151. Requirement for annual five-year $6,567,330,000. Sec. 2811. Restoration of authority under budget for the national security (4) For other procurement, $3,005,040,000. 1988 base closure law to transfer programs of the Department of (b) MARINE CORPS.—Funds are hereby au- property and facilities to other Energy. thorized to be appropriated for fiscal year entities in the Department of Sec. 3152. Requirements for Department of 1997 for procurement for the Marine Corps in Defense. Energy weapons activities the amount of $816,107,000. Sec. 2812. Disposition of proceeds from dis- budgets for fiscal years after SEC. 103. AIR FORCE. posal of commissary stores and fiscal year 1997. Funds are hereby authorized to be appro- nonappropriated fund instru- Sec. 3153. Repeal of requirement relating to priated for fiscal year 1997 for procurement mentalities at installations accounting procedures for De- for the Air Force as follows: being closed or realigned. partment of Energy funds. (1) For aircraft, $7,003,528,000. Sec. 2813. Agreements for services at instal- Sec. 3154. Plans for activities to process nu- (2) For missiles, $2,847,177,000. lations after closure. clear materials and clean up (3) For other procurement, $5,880,519,000. Subtitle C—Land Conveyances nuclear waste at the Savannah SEC. 104. DEFENSE-WIDE ACTIVITIES. Sec. 2821. Transfer of lands, Arlington Na- River Site. Funds are hereby authorized to be appro- tional Cemetery, Arlington, Sec. 3155. Update of report on nuclear test priated for fiscal year 1997 for Defense-wide Virginia. readiness postures. procurement in the amount of $1,908,012,000.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6318 CONGRESSIONAL RECORD — SENATE June 18, 1996 SEC. 105. RESERVE COMPONENTS. not submitted the certification and report able pursuant to subsection (a)(1), not more Funds are hereby authorized to be appro- described in subsection (a) to the congres- than $100,000,000 may be obligated or ex- priated for fiscal year 1997 for procurement sional defense committees before June 1, pended until the Secretary of Defense cer- of aircraft, vehicles, communications equip- 1997, then, on that date, the Secretary of De- tifies in writing to the Committee on Armed ment, and other equipment for the reserve fense shall transfer to Air Force, out of ap- Services of the Senate and the Committee on components of the Armed Forces as follows: propriations available to the Navy for fiscal National Security of the House of Represent- (1) For the Army National Guard, year 1997 for procurement of aircraft, the atives that procurement of nuclear attack $224,000,000. amount equal to the amount appropriated to submarines described in subparagraph (B) (2) For the Air National Guard, $305,800,000. the Navy for fiscal year 1997 for modifica- will be provided for under one or more con- (3) For the Army Reserve, $90,000,000. tions and upgrades of EA–6B aircraft. tracts that are entered into after a competi- (4) For the Naval Reserve, $40,000,000. (2) Funds transferred to the Air Force pur- tion between Electric Boat Division and (5) For the Air Force Reserve, $40,000,000. suant to paragraph (1) shall be available for Newport News Shipbuilding in which the (6) For the Marine Corps Reserve, maintaining and upgrading the jamming ca- Secretary of the Navy solicits competitive $60,000,000. pability of EF–111 aircraft. proposals and awards the contract or con- SEC. 106. DEFENSE INSPECTOR GENERAL. SEC. 122. PENGUIN MISSILE PROGRAM. tracts on the basis of price. Funds are hereby authorized to be appro- (a) MULTIYEAR PROCUREMENT AUTHORITY.— (B) The submarines referred to in subpara- priated for fiscal year 1997 for procurement The Secretary of the Navy may, in accord- graph (A) are nuclear attack submarines for the Inspector General of the Department ance with section 2306b of title 10, United that are to be constructed beginning— of Defense in the amount of $2,000,000. States Code, enter into multiyear procure- (i) after fiscal year 1999; or ment contracts for the procurement of not (ii) if four submarines are to be procured as SEC. 107. CHEMICAL DEMILITARIZATION PRO- provided for in the plan required under sec- GRAM. more than 106 Penguin missile systems. (b) LIMITATION ON TOTAL COST.—The total tion 131(c) of the National Defense Author- There is hereby authorized to be appro- amount obligated or expended for procure- ization Act for Fiscal Year 1996 (Public Law priated for fiscal year 1997 the amount of ment of Penguin missile systems under con- 104–106; 110 Stat. 209), after fiscal year 2001. $802,847,000 for— tracts under subsection (a) may not exceed (2) Of the amounts made available pursu- (1) the destruction of lethal chemical $84,800,000. ant to subsection (a)(1), not more than agents and munitions in accordance with $100,000,000 may be obligated or expended section 1412 of the Department of Defense SEC. 123. NUCLEAR ATTACK SUBMARINE PRO- GRAMS. until the Under Secretary of Defense for Ac- Authorization Act, 1986 (50 U.S.C. 1521); and (a) AMOUNTS AUTHORIZED.—(1) Of the quisition and Technology submits to the (2) the destruction of chemical warfare ma- amount authorized to be appropriated by committees referred to in paragraph (1) a teriel of the United States that is not cov- section 102(a)(3)— written report that describes in detail— ered by section 1412 of such Act. (A) $804,100,000 shall be available for con- (A) the oversight activities undertaken by SEC. 108. DEFENSE HEALTH PROGRAM. struction of the third vessel (designated the Under Secretary up to the date of the re- Funds are hereby authorized to be appro- SSN–23) in the Seawolf attack submarine port pursuant to section 131(b)(2)(C) of the priated for fiscal year 1997 for the Depart- class; National Defense Authorization Act for Fis- ment of Defense for procurement for car- (B) $296,200,000 shall be available for long- cal Year 1996 (Public Law 104–106; 110 Stat. rying out health care programs, projects, lead and advance construction and procure- 207), and the plans for the future develop- and activities of the Department of Defense ment of components for construction of a ment and improvement of the nuclear attack in the total amount of $269,470,000. submarine (previously designated by the submarine program of the Navy; SEC. 109. DEFENSE NUCLEAR AGENCY. Navy as the New Attack Submarine) begin- (B) the implementation of, and activities Of the amounts authorized to be appro- ning in fiscal year 1998 to be built by Electric conducted under, the program required to be priated for the Department of Defense under Boat Division; and established by the Director of the Defense section 104, $7,900,000 shall be available for (C) $701,000,000 shall be available for long- Advanced Research Projects Agency by sec- the Defense Nuclear Agency. lead and advance construction and procure- tion 131(i) of such Act (110 Stat. 210) for the Subtitle B—Army Programs ment of components for construction of a development and demonstration of advanced submarine technologies and a rapid proto- SEC. 111. MULTIYEAR PROCUREMENT OF JAV- second submarine (previously designated by ELIN MISSILE SYSTEM. the Navy as the New Attack Submarine) be- type acquisition strategy for both land-based The Secretary of the Army may, in accord- ginning in fiscal year 1999 to be built by and at-sea subsystem and system demonstra- ance with section 2306b of title 10, United Newport News Shipbuilding. tions of such technologies; and States Code, enter into multiyear procure- (2) Funds authorized to be appropriated by (C) all research, development, test, and ment contracts for the procurement of the section 201(2) for the design of the submarine evaluation programs, projects, or activities Javelin missile system. previously designated by the Navy as the within the Department of Defense which, in New Attack Submarine shall be available for the opinion of the Under Secretary, are de- SEC. 112. ARMY ASSISTANCE FOR CHEMICAL DE- signed to contribute to the development and MILITARIZATION CITIZENS’ ADVI- obligation and expenditure under contracts SORY COMMISSIONS. with Electric Boat Division and Newport demonstration of advanced submarine tech- Subsections (b) and (f) of section 172 of the News Shipbuilding to carry out the provi- nologies leading to a more capable, more af- National Defense Authorization Act for Fis- sions of the ‘‘Memorandum of Agreement fordable nuclear attack submarine, together cal Year 1993 (Public Law 102–484; 106 Stat. Among the Department of the Navy, Electric with a specific identification of ongoing in- 2341; 50 U.S.C. 1521 note) are each amended by Boat Corporation (EB) and Newport News volvement, and plans for future involvement, striking out ‘‘Assistant Secretary of the Shipbuilding and Drydock Company (NNS) in any such program, project, or activity by Army (Installations, Logistics and Environ- Concerning the New Attack Submarine’’, Electric Boat Division, Newport News Ship- ment)’’ and inserting in lieu thereof ‘‘Assist- dated April 5, 1996, relating to design data building, or both. ant Secretary of the Army (Research, Devel- transfer, design improvements, integrated (d) REFERENCES TO SHIPBUILDERS.—For opment and Acquisition)’’. process teams, updated design base, and purposes of this section— other research and development initiatives (1) the shipbuilder referred to as ‘‘Electric Subtitle C—Navy Programs related to the design of such submarine. Boat Division’’ is the Electric Boat Division SEC. 121. EA–6B AIRCRAFT REACTIVE JAMMER (b) CONTRACTS AUTHORIZED.—(1) The Sec- of the General Dynamics Corporation; and PROGRAM. retary of the Navy is authorized, using funds (2) the shipbuilder referred to as ‘‘Newport (a) LIMITATION.—None of the funds appro- available pursuant to subparagraphs (B) and News Shipbuilding’’ is the Newport News priated pursuant to section 102(a)(1) for (C) of subsection (a)(1), to enter into con- Shipbuilding and Drydock Company. modifications or upgrades of EA–6B aircraft tracts with Electric Boat Division and New- SEC. 124. ARLEIGH BURKE CLASS DESTROYER may be obligated, other than for a reactive port News Shipbuilding, and suppliers of PROGRAM. jammer program for such aircraft, until 30 components, during fiscal year 1997 for— (a) FUNDING.—(1) Subject to paragraph (3), days after the date on which the Secretary of (A) the procurement of long-lead compo- funds authorized to be appropriated by sec- the Navy submits to the congressional de- nents for the submarines referred to in such tion 102(a)(3) may be made available for con- fense committees in writing— subparagraphs; and tracts entered into in fiscal year 1996 under (1) a certification that some or all of such (B) advance construction of such compo- subsection (b)(1) of section 135 of the Na- funds have been obligated for a reactive nents and other components for such sub- tional Defense Authorization Act for Fiscal jammer program for EA–6B aircraft; and marines. Year 1996 (Public Law 104–106; 110 Stat. 211) (2) a report that sets forth a detailed, well- (2) The Secretary of the Navy may enter for construction for the third of the three defined program for— into a contract or contracts under this sec- Arleigh Burke class destroyers covered by (A) developing a reactive jamming capa- tion with the shipbuilder of the submarine that subsection. Such funds are in addition bility for EA–6B aircraft; and referred to in subsection (a)(1)(B) only if the to amounts made available for such con- (B) upgrading the EA–6B aircraft of the Secretary enters into a contract or contracts tracts by the second sentence of subsection Navy to incorporate the reactive jamming under this section with the shipbuilder of the (a) of that section. capability. submarine referred to in subsection (a)(1)(C). (2) Subject to paragraph (3), funds author- (b) CONTINGENT TRANSFER OF FUNDS TO AIR (c) COMPETITION AND LIMITATIONS ON OBLI- ized to be appropriated by section 102(a)(3) FORCE.—(1) If the Secretary of the Navy has GATIONS.—(1)(A) Of the amounts made avail- may be made available for contracts entered

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6319 into in fiscal year 1997 under subsection ant to section 2306b of title 10, United States tion 201(3) are authorized to be made avail- (b)(2) of such section 135 for construction (in- Code (except as provided in subsection able for space launch modernization for pur- cluding advance procurement) for the (b)(1)), enter into one or more multiyear con- poses and in amounts as follows: Arleigh Burke class destroyers covered by tracts for the procurement of not more than (1) For the Evolved Expendable Launch Ve- such subsection (b)(2). a total of 80 C–17 aircraft. hicle program, $44,457,000. (3) The aggregate amount of funds avail- (b) CONTRACT PERIOD.—(1) Notwithstanding (2) For a competitive reusable launch vehi- able under paragraphs (1) and (2) for con- section 2306b(k) of title 10, United States cle technology program, $25,000,000. tracts referred to in such paragraphs may Code, the period covered by a contract en- (b) LIMITATIONS.—(1) Of the funds made not exceed $3,483,030,000. tered into on a multiyear basis under the au- available for the reusable launch vehicle (4) Within the amount authorized to be ap- thority of subsection (a) may exceed five technology program pursuant to subsection propriated by section 102(a)(3), $750,000,000 is years, but may not exceed seven years. (a)(2), the total amount obligated for such authorized to be appropriated for advance (2) Paragraph (1) shall not be construed as purpose may not exceed the total amount al- procurement for construction for the Arleigh prohibiting the Secretary of the Air Force located in the fiscal year 1997 current oper- Burke class destroyers authorized by sub- from entering into a multiyear contract for ating plan of the National Aeronautics and section (b). a period of less than seven years. In deter- Space Administration for the Reusable (b) AUTHORITY FOR PROCUREMENT OF mining to do so, the Secretary shall consider Space Launch program of the National Aero- TWELVE VESSELS.—The Secretary of the whether— nautics and Space Administration. Navy is authorized to construct 12 Arleigh (A) sufficient funding is provided for in the (2) None of the funds made available for Burke class destroyers in accordance with future-years defense program for procure- the Evolved Expendable Launch Vehicle pro- subsections (c) and (d). ment, within the shorter period, of the total gram pursuant to subsection (a)(1) may be (c) CONTRACTS.—(1) The Secretary is au- number of aircraft to be procured (within the obligated until the Secretary of Defense cer- thorized, in fiscal year 1998, to enter into number set forth in subsection (a)); and tifies to Congress that the Secretary has contracts for the construction of three (B) the contractor is capable of delivering made available for obligation the funds, if Arleigh Burke class destroyers covered by that total number of aircraft within the any, that are made available for the reusable subsection (b), subject to the availability of shorter period. launch vehicle technology program pursuant appropriations for such destroyers. (c) OPTION TO CONVERT TO ONE-YEAR PRO- to subsection (a)(2). (2) The Secretary is authorized, in fiscal CUREMENTS.—Each multiyear contract for SEC. 212. DEPARTMENT OF DEFENSE SPACE AR- year 1999, to enter into contracts for the con- the procurement of C–17 aircraft authorized struction of three Arleigh Burke class de- CHITECT. by subsection (a) shall include a clause that (a) REQUIRED PROGRAM ELEMENT.—The stroyers covered by subsection (b), subject to permits the Secretary of the Air Force— the availability of appropriations for such Secretary of Defense shall include the ki- (1) to terminate the contract as of Sep- netic energy tactical anti-satellite program destroyers. The destroyers covered by this tember 30, 1998, without a modification in paragraph are in addition to the destroyers of the Department of Defense as an element the price of each aircraft and without incur- of the space control architecture being de- covered by paragraph (1). ring any obligation to pay the contractor (3) The Secretary is authorized, in fiscal veloped by the Department of Defense Space termination costs; and year 2000, to enter into contracts for the con- Architect. (2) to then enter into follow-on one-year struction of three Arleigh Burke class de- (b) LIMITATION ON USE OF FUNDS.—None of contracts with the contractor for the pro- stroyers covered by subsection (b), subject to the funds authorized to be appropriated pur- curement of C–17 aircraft (within the total the availability of appropriations for such suant to this Act, or otherwise made avail- number of aircraft authorized under sub- destroyers. The destroyers covered by this able to the Department of Defense for fiscal section (a)) at a negotiated price that is not paragraph are in addition to the destroyers year 1997, may be obligated or expended for to exceed the price that is negotiated before covered by paragraphs (1) and (2). the Department of Defense Space Architect (4) The Secretary is authorized, in fiscal September 30, 1998, for the annual production until the Secretary of Defense certifies to year 2001, to enter into contracts for the con- contract for the C–17 aircraft in lot VIII and Congress that— struction of three Arleigh Burke class de- subsequent lots. (1) the Secretary is complying with the re- stroyers covered by subsection (b), subject to TITLE II—RESEARCH, DEVELOPMENT, quirement in subsection (a); the availability of appropriations for such TEST, AND EVALUATION (2) funds appropriated for the kinetic en- destroyers. The destroyers covered by this Subtitle A—Authorization of Appropriations ergy tactical anti-satellite program for fiscal paragraph are in addition to the destroyers SEC. 201. AUTHORIZATION OF APPROPRIATIONS. year 1996 have been obligated in accordance covered by paragraphs (1), (2), and (3). Funds are hereby authorized to be appro- with section 218 of Public Law 104–106 and (d) USE OF AVAILABLE FUNDS.—(1) Subject priated for fiscal year 1997 for the use of the the Joint Explanatory Statement of the to paragraph (2), the Secretary may take ap- Department of Defense for research, develop- Committee of Conference accompanying S. propriate actions to use for full funding of a ment, test, and evaluation as follows: 1124 (House Report 104–450 (104th Congress, contract entered into in accordance with (1) For the Army, $4,958,140,000. second session)); and subsection (c)— (2) For the Navy, $9,041,534,000. (3) the Secretary has made available for (A) any funds that, having been appro- (3) For the Air Force, $14,788,356,000. obligation the funds appropriated for the ki- priated for shipbuilding and conversion pro- (4) For Defense-wide activities, netic energy tactical anti-satellite program grams of the Navy other than Arleigh Burke $9,662,542,000, of which— for fiscal year 1997 in accordance with this class destroyer programs pursuant to the au- (A) $252,038,000 is authorized for the activi- Act. thorization in section 102(a)(3), become ex- ties of the Director, Test and Evaluation; SEC. 213. SPACE-BASED INFRARED SYSTEM PRO- cess to the needs of the Navy for such pro- and GRAM. grams by reason of cost savings achieved for (B) $21,968,000 is authorized for the Director (a) FUNDING.—Funds appropriated pursuant such programs; of Operational Test and Evaluation. to the authorization of appropriations in sec- (B) any unobligated funds that are avail- tion 201(3) are authorized to be made avail- able to the Secretary for shipbuilding and SEC. 202. AMOUNT FOR BASIC RESEARCH AND EX- PLORATORY DEVELOPMENT. able for the Space-Based Infrared System conversion for any fiscal year before fiscal (a) FISCAL YEAR 1997.—Of the amounts au- program for purposes and in amounts as fol- year 1997; and thorized to be appropriated by section 201, lows: (C) any funds that are appropriated after $4,005,787,000 shall be available for basic re- (1) For Space Segment High, $192,390,000. the date of the enactment of the Department search and exploratory development (2) For Space Segment Low (the Space and of Defense Appropriations Act, 1997, to com- projects. Missile Tracking System), $247,221,000. plete the full funding of the contract. (b) BASIC RESEARCH AND EXPLORATORY DE- (3) For Cobra Brass, $6,930,000. (2) The Secretary may not, in the exercise VELOPMENT DEFINED.—For purposes of this (b) CONDITIONAL TRANSFER OF MANAGEMENT of authority provided in subparagraph (A) or section, the term ‘‘basic research and explor- OVERSIGHT.—Not later than 30 days after the (B) of paragraph (1), obligate funds for a con- atory development’’ means work funded in date of the enactment of this Act, the Sec- tract entered into in accordance with sub- program elements for defense research and retary of Defense shall transfer the manage- section (c) until 30 days after the date on development under Department of Defense ment oversight responsibilities for the Space which the Secretary submits to the congres- category 6.1 or 6.2. and Missile Tracking System from the Sec- sional defense committees in writing a noti- retary of the Air Force to the Director of the SEC. 203. DEFENSE NUCLEAR AGENCY. fication of the intent to obligate the funds. Ballistic Missile Defense Organization. Of the amounts authorized to be appro- The notification shall set forth the source or (c) CERTIFICATION.—If, within the 30-day priated for the Department of Defense under sources of the funds and the amount of the period described in subsection (b), the Sec- section 201, $221,330,000 shall be available for funds from each such source that is to be so retary of Defense submits to Congress a cer- the Defense Nuclear Agency. obligated. tification that the Secretary has established Subtitle D—Air Force Programs Subtitle B—Program Requirements, a program baseline for the Space-Based In- SEC. 131. MULTIYEAR CONTRACTING AUTHORITY Restrictions, and Limitations frared System that satisfies the require- FOR THE C–17 AIRCRAFT PROGRAM. SEC. 211. SPACE LAUNCH MODERNIZATION. ments of section 216(a) of Public Law 104–106 (a) MULTIYEAR CONTRACTS AUTHORIZED.— (a) FUNDING.—Funds appropriated pursuant (110 Stat. 220), then subsection (b) of this sec- The Secretary of the Air Force may, pursu- to the authorization of appropriations in sec- tion shall cease to be effective on the date on

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6320 CONGRESSIONAL RECORD — SENATE June 18, 1996 which the Secretary submits the certifi- pared under paragraph (1), together with the SEC. 221. COUNTERPROLIFERATION SUPPORT cation. Secretary’s views on the matters covered by PROGRAM. SEC. 214. RESEARCH FOR ADVANCED SUBMARINE the report. (a) FUNDING.—Of the funds authorized to be TECHNOLOGY. (c) LIMITATION ON USE OF FUNDS PENDING appropriated to the Department of Defense Section 132 of the National Defense Au- SUBMISSION OF REPORT.—Not more than 92 under section 201(4), $176,200,000 shall be thorization Act for Fiscal Year 1996 (Public percent of the funds appropriated for the F– available for the Counterproliferation Sup- Law 104–106; 110 Stat. 210) is repealed. 22 aircraft program pursuant to the author- port Program, of which $75,000,000 shall be SEC. 215. CLEMENTINE 2 MICRO-SATELLITE DE- ization of appropriations in section 103(1) available for a tactical antisatellite tech- VELOPMENT PROGRAM. may be expended until the Secretary of De- nologies program. (a) AMOUNT FOR PROGRAM.—Of the amount fense submits the report required by sub- (b) ADDITIONAL AUTHORITY TO TRANSFER authorized to be appropriated under section section (b). AUTHORIZATIONS.—(1) In addition to the 201(3), $50,000,000 shall be available for the SEC. 219. F–22 AIRCRAFT PROGRAM REPORTS. transfer authority provided in section 1001, Clementine 2 micro-satellite near-Earth as- (a) ANNUAL REPORT.—(1) At the same time upon determination by the Secretary of De- teroid interception mission. as the President submits the budget for a fis- fense that such action is necessary in the na- (b) LIMITATION.—None of the funds author- cal year to Congress pursuant to section tional interest, the Secretary may transfer ized to be appropriated pursuant to this Act 1105(a) of title 31, United States Code, the amounts of authorizations made available to for the global positioning system (GPS) Secretary of Defense shall submit to Con- the Department of Defense in this division Block II F Satellite system may be obligated gress a report on event-based decision- for fiscal year 1997 to counterproliferation until the Secretary of Defense certifies to making for the F–22 aircraft program for programs, projects, and activities identified Congress that— that fiscal year. The Secretary shall submit as areas for progress by the (1) funds appropriated for fiscal year 1996 the report for fiscal year 1997 not later than Counterproliferation Program Review Com- for the Clementine 2 Micro-Satellite develop- October 1, 1996. mittee established by section 1605 of the Na- ment program have been obligated in accord- (2) The report for a fiscal year shall include tional Defense Authorization Act for Fiscal ance with Public Law 104–106 and the Joint the following: Year 1994 (22 U.S.C. 2751 note). Amounts of Explanatory Statement of the Committee of (A) A discussion of each decision (known as authorizations so transferred shall be Conference accompanying S. 1124 (House Re- an ‘‘event-based decision’’) that is expected merged with and be available for the same port 104–450 (104th Congress, second session)); to be made during that fiscal year regarding purposes as the authorization to which and whether the F–22 program is to proceed into transferred. (2) the Secretary has made available for a new phase or into a new administrative (2) The total amount of authorizations obligation the funds appropriated for fiscal subdivision of a phase. transferred under the authority of this sub- year 1997 for the Clementine 2 micro-sat- (B) The criteria (known as ‘‘exit criteria’’) section may not exceed $50,000,000. ellite development program in accordance to be applied, for purposes of making the (3) The authority provided by this sub- with this section. event-based decision, in determining wheth- section to transfer authorizations— er the F–22 aircraft program has dem- (A) may only be used to provide authority SEC. 216. TACTICAL UNMANNED AERIAL VEHICLE for items that have a higher priority than PROGRAM. onstrated the specific progress necessary for the items from which authority is trans- No official of the Department of Defense proceeding into the new phase or administra- ferred; and may enter into a contract for the procure- tive subdivision of a phase. (b) REPORT ON EVENT-BASED DECISIONS.— (B) may not be used to provide authority ment of (including advance procurement for) Not later than 30 days after an event-based for an item that has been denied authoriza- a higher number of Dark Star (tier III) low decision has been made for the F–22 aircraft tion by Congress. observable, high altitude endurance un- program, the Secretary of Defense shall sub- (4) A transfer made from one account to manned aerial vehicles than is necessary to mit to Congress a report on the decision. The another under the authority of this sub- complete procurement of a total of three report shall include the following: section shall be deemed to increase the such vehicles until flight testing has been (1) A discussion of the commitments made, amount authorized for the account to which completed. and the commitments to be made, under the the amount is transferred by an amount SEC. 217. DEFENSE AIRBORNE RECONNAISSANCE program as a result of the decision. equal to the amount transferred. PROGRAM. (2) The exit criteria applied for purposes of (5) The Secretary of Defense shall prompt- (a) REPORT REQUIRED.—The Secretary of the decision. ly notify Congress of transfers made under Defense shall submit to Congress a report (3) How, in terms of the exit criteria, the the authority of this subsection. comparing the Predator unmanned aerial ve- program demonstrated the specific progress (c) LIMITATION ON USE OF FUNDS FOR TECH- hicle program with the Dark Star (tier III) justifying the decision. NICAL STUDIES AND ANALYSES PENDING RE- low observable, high altitude endurance un- SEC. 220. NONLETHAL WEAPONS AND TECH- LEASE OF FUNDS.—(1) None of the funds au- manned aerial vehicle program. The report NOLOGIES PROGRAMS. thorized to be appropriated to the Depart- shall contain the following: (a) FUNDING.—Of the amount authorized to ment of Defense for fiscal year 1997 for pro- (1) A comparison of the capabilities of the be appropriated under section 201(2), gram element 605104D, relating to technical Predator unmanned aerial vehicle with the $15,000,000 shall be available for joint service studies and analyses, may be obligated or ex- capabilities of the Dark Star unmanned aer- research, development, test, and evaluation pended until the funds referred to in para- ial vehicle. of nonlethal weapons and nonlethal tech- graph (2) have been released to the program (2) A comparison of the costs of the Pred- nologies under the program element estab- manager of the tactical anti-satellite tech- ator program with the costs of the Dark Star lished pursuant to subsection (b). nology program for implementation of that program. (b) NEW PROGRAM ELEMENT REQUIRED.— program. (3) A recommendation on which program The Secretary of Defense shall establish a (2) The funds for release referred to in should be funded in the event that funds are new program element for the funds author- paragraph (1) are as follows: authorized to be appropriated, and are appro- ized to be appropriated under subsection (a). (A) Funds authorized to be appropriated by priated, for only one of the two programs in The funds within that program element shall section 218(a) of the National Defense Au- the future. be administered by the executive agent des- thorization Act for Fiscal Year 1996 (Public (b) LIMITATION ON USE OF FUNDS PENDING ignated for joint service research, develop- Law 104–106; 110 Stat. 222) that are available SUBMISSION OF REPORT.—Funds appropriated ment, test, and evaluation of nonlethal for the program referred to in paragraph (1). pursuant to section 104 may not be obligated weapons and nonlethal technologies. (B) Funds authorized to be appropriated to for any contract to be entered into after the (c) LIMITATION PENDING RELEASE OF the Department for fiscal year 1997 by this date of the enactment of this Act for the pro- FUNDS.—(1) None of the funds authorized to Act for the Counterproliferation Support curement of Predator unmanned aerial vehi- be appropriated for the Department of De- Program that are to be made available for cles until the date that is 60 days after the fense for fiscal year 1997 for foreign compara- that program. date on which the Secretary of Defense sub- tive testing (program element 605130D) may SEC. 222. FEDERALLY FUNDED RESEARCH AND mits the report required by subsection (a). be obligated until the funds authorized to be DEVELOPMENT CENTERS AND UNI- SEC. 218. COST ANALYSIS OF F–22 AIRCRAFT PRO- appropriated in section 219(d) of the National VERSITY-AFFILIATED RESEARCH GRAM. Defense Authorization Act for Fiscal Year CENTERS. (a) REVIEW OF PROGRAM.—The Secretary of 1996 (Public Law 104–106; 110 Stat. 223) are re- (a) CENTERS COVERED.—Funds authorized Defense shall direct the Cost Analysis Im- leased for obligation by the executive agent to be appropriated for the Department of De- provement Group in the Office of the Sec- referred to in subsection (b). fense for fiscal year 1997 under section 201 retary of Defense to review the F–22 aircraft (2) Not more than 50 percent of the funds may be obligated to procure work from a fed- program, analyze and estimate the produc- authorized to be appropriated for the Depart- erally funded research and development cen- tion costs of the program, and submit to the ment of Defense for fiscal year 1997 for NATO ter (in this section referred to as an Secretary a report on the results of the re- research and development (program element ‘‘FFRDC’’) or a university-affiliated research view. 603790D) may be obligated until the funds au- center (in this section referred to as a (b) REPORT.—Not later than March 30, 1997, thorized to be appropriated in subsection (a) ‘‘UARC’’) only in the case of a center named the Secretary shall transmit to the congres- are released for obligation by the executive in the report required by subsection (b) and, sional defense committees the report pre- agent referred to in subsection (b). in the case of such a center, only in an

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6321 amount not in excess of the amount of the changed over time to accommodate evolving (2) For the Navy Upper Tier (Theater Wide) proposed funding level set forth for that cen- technical, political, and strategic cir- system, $304,171,000. ter in such report. cumstances. (b) LIMITATION.—None of the funds appro- (b) REPORT ON ALLOCATIONS FOR CENTERS.— (4) Pursuant to article XIII of the ABM priated or otherwise made available for the (1) Not later than 30 days after the date of Treaty, the parties established the Standing Department of Defense pursuant to this or the enactment of this Act, the Secretary of Consultative Commission in which to ‘‘con- any other Act may be obligated or expended Defense shall submit to the Committee on sider questions concerning compliance with by the Office of the Under Secretary of De- Armed Services of the Senate and the Com- the obligations assumed and related situa- fense for Acquisition and Technology for of- mittee on National Security of the House of tions which may be considered’’. ficial representation activities, or related ac- Representatives a report containing— (b) COMPLIANCE POLICY.—It is the policy of tivities, until the Secretary of Defense cer- (A) the name of each FFRDC and UARC the United States that unless a missile de- tifies to Congress that— from which work is proposed to be procured fense system, system upgrade, or system (1) the Secretary has made available for for the Department of Defense for fiscal year component (including one that exploits data obligation the funds provided under sub- 1997; and from space-based or other external sensors) section (a) for the purposes specified in that (B) for each such center, the proposed fund- is flight tested in an ABM-qualifying flight subsection and in the amounts appropriated ing level and the estimated personnel level test (as defined in subsection (c)), that sys- pursuant to that subsection; and for fiscal year 1997. tem, system upgrade, or system component (2) the Secretary has included the Navy (2) The total of the proposed funding levels has not, for purposes of the ABM Treaty, Upper Tier theater missile defense system in set forth in the report for all FFRDCs and been tested in an ABM mode nor been given the theater missile defense core program. UARCs may not exceed the amount set forth capabilities to counter strategic ballistic SEC. 235. ELIMINATION OF REQUIREMENTS FOR in subsection (d). missiles and, therefore, is not subject to any CERTAIN ITEMS TO BE INCLUDED IN application, limitation, or obligation under THE ANNUAL REPORT ON THE BAL- (c) LIMITATION PENDING SUBMISSION OF RE- the ABM Treaty. LISTIC MISSILE DEFENSE PROGRAM. PORT.—Not more than 15 percent of the funds (c) ABM-QUALIFYING FLIGHT TEST DE- Section 224(b) of the National Defense Au- authorized to be appropriated for the Depart- FINED.—For purposes of this section, an thorization Act for Fiscal Years 1990 and 1991 ment of Defense for fiscal year 1997 for ABM-qualifying flight test is a flight test (10 U.S.C. 2431 note), is amended— FFRDCs and UARCs under section 201 may against a ballistic missile which, in that (1) by striking out paragraphs (3), (4), (7), be obligated to procure work from an FFRDC flight test, exceeds— (9), and (10); and or UARC until the Secretary of Defense sub- (1) a range of 3,500 kilometers; or (2) by redesignating paragraphs (5), (6), and mits the report required by subsection (b). (2) a velocity of 5 kilometers per second. (8), as paragraphs (3), (4), and (5), respec- (d) FUNDING.—Of the amounts authorized SEC. 232. PROHIBITION ON USE OF FUNDS TO IM- tively. to be appropriated by section 201, not more PLEMENT AN INTERNATIONAL SEC. 236. ABM TREATY DEFINED. than a total of $1,668,850,000 may be obligated AGREEMENT CONCERNING THE- In this subtitle, the term ‘‘ABM Treaty’’ to procure services from the FFRDCs and ATER MISSILE DEFENSE SYSTEMS. means the Treaty Between the United States UARCs named in the report required by sub- (a) PROHIBITION ON FUNDING.—Funds appro- of America and the Union of Soviet Socialist section (b). priated or otherwise made available to the Republics on the Limitation of Anti-Bal- (e) AUTHORITY TO WAIVE FUNDING LIMITA- Department of Defense for fiscal year 1997 listic Missile Systems, signed in Moscow on TION.—The Secretary of Defense may waive may not be obligated or expended to imple- May 26, 1972, with related protocol, signed in the limitation regarding the maximum fund- ment any agreement, or any understanding Moscow on July 3, 1974. with respect to interpretation of the ABM ing amount that applies under subsection (a) Subtitle D—Other Matters to an FFRDC or UARC. Whenever the Sec- Treaty, between the United States and any retary proposes to make such a waiver, the of the independent states of the former So- SEC. 241. LIVE-FIRE SURVIVABILITY TESTING OF F–22 AIRCRAFT. Secretary shall submit to the Committee on viet Union entered into after January 1, 1995, that— (a) AUTHORITY FOR RETROACTIVE WAIVER.— Armed Services of the Senate and the Com- The Secretary of Defense may, in accordance (1) would establish a demarcation between mittee on National Security of the House of with section 2366(c) of title 10, United States theater missile defense systems and anti-bal- Representatives notice of the proposed waiv- Code, waive for the F–22 aircraft program the listic missile defense systems for purposes of er and the reasons for the waiver. The waiver survivability tests required by that section, the ABM Treaty; or may then be made only after the end of the notwithstanding that such program has en- 60-day period that begins on the date on (2) would restrict the performance, oper- tered full-scale engineering development. which the notice is submitted to those com- ations, or deployment of United States the- (b) REPORTING REQUIREMENT.—(1) If the mittees, unless the Secretary determines ater missile defense systems. Secretary of Defense submits in accordance that it is essential to the national security (b) EXCEPTIONS.—Subsection (a) does not with section 2366(c)(1) of title 10, United that funds be obligated for work at that cen- apply— States Code, a certification that live-fire ter in excess of that limitation before the (1) to the extent otherwise provided in a testing of the F–22 aircraft would be unrea- end of such period and notifies those com- law that is enacted after the date of the en- sonably expensive and impractical, the Sec- mittees of that determination and the rea- actment of this Act; or retary of Defense shall require that F–22 air- sons for the determination. (2) to expenditures to implement any craft components and subsystems be made agreement or understanding described in Subtitle C—Ballistic Missile Defense available for any alternative live-fire test subsection (a) that is entered into in the ex- program. SEC. 231. UNITED STATES COMPLIANCE POLICY ercise of the treaty-making power under the (2) The components and subsystem re- REGARDING DEVELOPMENT, TEST- Constitution. quired by the Secretary to be made available ING, AND DEPLOYMENT OF THE- ATER MISSILE DEFENSE SYSTEMS. SEC. 233. CONVERSION OF ABM TREATY TO MUL- for such a program shall be components TILATERAL TREATY. that— (a) FINDINGS.—Congress makes the fol- (a) FISCAL YEAR 1997.—During fiscal year (A) could affect the survivability of the F– lowing findings: 1997, the United States shall not be bound by 22 aircraft; and (1) Pursuant to article VI(a) of the ABM any international agreement entered into by (B) are sufficiently large and realistic that Treaty, the United States is bound by the the President that would substantively mod- meaningful conclusions about the surviv- following obligations: ify the ABM Treaty, including any agree- ability of F–22 aircraft can be drawn from (A) Not to give missiles, launchers, or ra- ment that would add one or more countries the test results. dars (other than antiballistic missile inter- as signatories to the treaty or would other- (c) FUNDING.—Funds available for the F–22 ceptor missiles, launchers, or radars) capa- wise convert the treaty from a bilateral trea- aircraft program may be used for carrying bilities to counter strategic ballistic missiles ty to a multilateral treaty, unless the agree- out any alternative live-fire testing program or elements of strategic ballistic missiles in ment is entered pursuant to the treaty mak- for F–22 aircraft. the flight trajectory. ing power of the President under the Con- SEC. 242. LIVE-FIRE SURVIVABILITY TESTING OF (B) Not to test missiles, launchers, or ra- stitution. V–22 AIRCRAFT. dars (other than antiballistic missile inter- (b) RELATIONSHIP TO OTHER LAW.—This sec- (a) AUTHORITY FOR RETROACTIVE WAIVER.— ceptor missiles, launchers, or radars) in an tion shall not be construed as superseding The Secretary of Defense may, in accordance antiballistic missile mode. section 232 of the National Defense Author- with section 2366(c) of title 10, United States (2) It is a sovereign right and obligation of ization Act for Fiscal Year 1995 (Public Law Code, waive for the V–22 aircraft program the parties to the ABM Treaty, on a unilat- 103–337; 108 Stat. 2701) for any fiscal year the survivability tests required by that sec- eral basis, to establish compliance standards other than fiscal year 1997, including any fis- tion, notwithstanding that such program has to implement the obligations specified in ar- cal year after fiscal year 1997. entered engineering and manufacturing de- ticle VI(a) of the ABM Treaty. SEC. 234. FUNDING FOR UPPER TIER THEATER velopment. (3) From October 3, 1972 (the date on which MISSILE DEFENSE SYSTEMS. (b) ALTERNATIVE SURVIVABILITY TEST RE- the ABM Treaty entered into force) to the (a) FUNDING.—Funds authorized to be ap- QUIREMENTS.—If the Secretary of Defense present, the United States has maintained propriated under section 201(4) shall be avail- submits in accordance with section 2366(c)(1) unilateral compliance standards with regard able for purposes and in amounts as follows: of title 10, United States Code, a certifi- to the obligations specified in Article VI(a) (1) For the Theater High Altitude Area De- cation that live-fire testing of the V–22 air- of the ABM Treaty, and those standards have fense (THAAD) System, $621,798,000. craft would be unreasonably expensive and

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6322 CONGRESSIONAL RECORD — SENATE June 18, 1996 impractical, the Secretary of Defense shall paragraph (7) of subsection (b) shall be two strument that the Council considers appro- require that a sufficient number of compo- years, except that any person appointed to priate, including a memorandum of under- nents critical to the survivability of the V– fill a vacancy occurring before the expira- standing, a cooperative research and devel- 22 aircraft be tested in an alternative live- tion of the term for which his predecessor opment agreement, and any similar instru- fire test program involving realistic threat was appointed shall be appointed for the re- ment. environments that meaningful conclusions mainder of such term. ‘‘(b) CONTRACT AND GRANT AUTHORITY.—(1) about the survivability of V–22 aircraft can ‘‘(d) ANNUAL REPORT.—Not later than The Council may authorize one or more of be drawn from the test results. March 1 of each year, the Council shall sub- the departments and agencies of the Federal (c) FUNDING.—Funds available for the V–22 mit to Congress a report on the National Government represented on the Council to aircraft program may be used for carrying Oceanographic Partnership Program. The re- enter into contracts or to make grants for out any alternative live-fire testing program port shall contain the following: the support of partnership projects selected for V–22 aircraft. ‘‘(1) A description of activities of the pro- under subsection (a). ‘‘(2) Funds appropriated or otherwise made Subtitle E—National Oceanographic gram carried out during the fiscal year be- available for the National Oceanographic Partnership fore the fiscal year in which the report is prepared. The description also shall include Partnership Program may be used for con- SEC. 251. SHORT TITLE. a list of the members of the Ocean esearch tracts entered into or grants awarded under This subtitle may be cited as the ‘‘Na- Partnership Coordinating Group (established authority provided pursuant to paragraph tional Oceanographic Partnership Act’’. pursuant to subsection (e)), the Ocean Re- (1).’’. SEC. 252. NATIONAL OCEANOGRAPHIC PARTNER- search Advisory Panel (established pursuant (2) The table of chapters at the beginning SHIP PROGRAM. to subsection (f)), and any working groups in of subtitle C of title 10, United States Code, (a) PROGRAM REQUIRED.—(1) Subtitle C of existence during the fiscal year covered. and at the beginning of part IV of such sub- title 10, United States Code, is amended by ‘‘(2) A general outline of the activities title, are each amended by inserting after inserting after chapter 663 the following new planned for the program during the fiscal the item relating to chapter 663 the fol- chapter: year in which the report is prepared. lowing: ‘‘CHAPTER 665—NATIONAL OCEANO- ‘‘(3) A summary of projects continued from ‘‘665. National Oceanographic Part- GRAPHIC PARTNERSHIP PROGRAM the fiscal year before the fiscal year in which nership Program ...... 7901’’. ‘‘Sec. the report is prepared and projects expected (b) INITIAL APPOINTMENTS OF COUNCIL MEM- ‘‘7901. National Oceanographic Partnership to be started during the fiscal year in which BERS.—The Chairman of the National Ocean Program. the report is prepared and during the fol- Research Leadership Council established ‘‘7902. National Ocean Research Leadership lowing fiscal year. under section 7902 of title 10, United States Council. ‘‘(4) A description of the involvement of Code, as added by subsection (a)(1), shall ‘‘7903. Partnership program projects. the program with Federal interagency co- make the appointments required by sub- ordinating entities. section (b)(7) of such section not later than ‘‘§ 7901. National Oceanographic Partnership ‘‘(5) The amounts requested, in the budget December 1, 1996. Program submitted to Congress pursuant to section (c) FIRST ANNUAL REPORT OF NATIONAL ‘‘(a) ESTABLISHMENT.—The Secretary of the 1105(a) of title 31 for the fiscal year following OCEAN RESEARCH LEADERSHIP COUNCIL.—The Navy shall establish a program to be known the fiscal year in which the report is pre- first annual report required by section as the ‘National Oceanographic Partnership pared, for the programs, projects, and activi- 7902(d) of title 10, United States Code, as Program’. ties of the program and the estimated ex- added by subsection (a)(1), shall be sub- ‘‘(b) PURPOSES.—The purposes of the pro- penditures under such programs, projects, mitted to Congress not later than March 1, gram are as follows: and activities during such following fiscal 1997. The first report shall include, in addi- ‘‘(1) To promote the national goals of as- year. tion to the information required by such sec- suring national security, advancing eco- ‘‘(e) OCEAN RESEARCH PARTNERSHIP COORDI- tion, information about the terms of office, nomic development, protecting quality of NATING GROUP.—(1) The Council shall estab- procedures, and responsibilities of the Ocean life, and strengthening science education and lish an Ocean Research Partnership Coordi- Research Advisory Panel established by the communication through improved knowl- nating Group consisting of not more than 10 Council. edge of the ocean. members appointed by the Council from (d) FUNDING.—Of the funds authorized to be ‘‘(2) To coordinate and strengthen oceano- among officers and employees of the Govern- appropriated by section 201(2), $13,000,000 graphic efforts in support of those goals by— ment, persons employed in the maritime in- shall be available for the National Oceano- ‘‘(A) identifying and carrying out partner- dustry, educators at institutions of higher graphic Partnership Program. ships among Federal agencies, institutions of education, and officers and employees of TITLE III—OPERATION AND higher education, industry, and other mem- State governments. MAINTENANCE bers of the oceanographic scientific commu- ‘‘(2) The Council shall designate a member Subtitle A—Authorization of Appropriations nity in the areas of data, resources, edu- of the Coordinating Group to serve as Chair- cation, and communication; and SEC. 301. OPERATION AND MAINTENANCE FUND- man of the group. ING. ‘‘(B) reporting annually to Congress on the ‘‘(3) The Council shall assign to the Coordi- Funds are hereby authorized to be appro- program. nating Group responsibilities that the Coun- priated for fiscal year 1997 for the use of the ‘‘§ 7902. National Ocean Research Leadership cil considers appropriate. The Coordinating Armed Forces and other activities and agen- Council Group shall be subject to the authority, di- cies of the Department of Defense for ex- rection, and control of the Council in the ‘‘(a) COUNCIL.—There is a National Ocean penses, not otherwise provided for, for oper- Research Leadership Council (hereinafter in performance the assigned responsibilities. ation and maintenance, in amounts as fol- this chapter referred to as the ‘Council’). ‘‘(f) OCEAN RESEARCH ADVISORY PANEL.—(1) lows: The Council shall establish an Ocean Re- ‘‘(b) MEMBERSHIP.—The Council is com- (1) For the Army, $18,147,623,000. posed of the following members: search Advisory Panel consisting of members (2) For the Navy, $20,298,339,000. ‘‘(1) The Secretary of the Navy who shall appointed by the Council from among per- (3) For the Marine Corps, $2,279,477,000. be the chairman of the Council. sons eminent in the fields of oceanography, (4) For the Air Force, $17,953,039,000. ‘‘(2) The Administrator of the National ocean sciences, or marine policy (or related (5) For Defense-wide activities, Oceanic and Atmospheric Administration, fields) who are representative of the inter- $9,863,942,000. who shall be the vice chairman of the Coun- ests of governments, institutions of higher (6) For the Army Reserve, $1,094,436,000. cil. education, and industry in the matters cov- (7) For the Naval Reserve, $851,027,000. ‘‘(3) The Director of the National Science ered by the purposes of the National Oceano- (8) For the Marine Corps Reserve, Foundation. graphic Partnership Program (as set forth in $110,367,000. ‘‘(4) The Administrator of the National section 7901(b) of this title). (9) For the Air Force Reserve, $1,493,553,000. ‘‘(2) The Council shall assign to the Advi- Aeronautics and Space Administration. (10) For the Army National Guard, sory Panel responsibilities that the Council ‘‘(5) The Commandant of the Coast Guard. $2,218,477,000. consider appropriate. The Coordinating ‘‘(6) With their consent, the President of (11) For the Air National Guard, Group shall be subject the authority, direc- the National Academy of Sciences, the Presi- $2,692,473,000. tion, and control of the Council to in the per- dent of the National Academy of Engineer- (12) For the Defense Inspector General, formance of the assigned responsibilities. ing, and the President of the Institute of $136,501,000. Medicine. ‘‘§ 7903. Partnership program projects (13) For the United States Court of Appeals ‘‘(7) Up to five members appointed by the ‘‘(a) SELECTION OF PARTNERSHIP for the Armed Forces, $6,797,000. Chairman from among individuals who will PROJECTS.—The National Ocean Research (14) For Environmental Restoration, Army, represent the views of ocean industries, in- Leadership Council shall select the partner- $356,916,000. stitutions of higher education, and State ship projects that are to be considered eligi- (15) For Environmental Restoration, Navy, governments. ble for support under the National Oceano- $302,900,000. ‘‘(c) TERM OF OFFICE.—The term of office of graphic Partnership Program. A project (16) For Environmental Restoration, Air a member of the Council appointed under partnership may be established by any in- Force, $414,700,000.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6323 (17) For Environmental Restoration, De- SEC. 312. NATIONAL DEFENSE SEALIFT FUND. funds made available in a fiscal year to a fense-wide, $258,500,000. Section 2218 of title 10, United States Code, military department or a Defense Agency for (18) For Drug Interdiction and Counter- is amended— depot-level maintenance and repair workload drug Activities, Defense-wide, $793,824,000. (1) in subsection (c)(1)(E), by striking out may be used to contract for the performance (19) For Medical Programs, Defense, ‘‘, but only for vessels built in United States by non-Federal Government personnel of $9,375,988,000. shipyards’’; such workload for the military department (20) For Cooperative Threat Reduction pro- (2) in subsection (f)— or the Defense Agency. grams, $327,900,000. (A) in paragraph (1)— (2) In paragraph (1), the term ‘‘depot-level (21) For Overseas Humanitarian, Disaster, (i) by striking out ‘‘five’’ and inserting in maintenance and repair workload’’ has the and Civic Aid programs, $49,000,000. lieu thereof ‘‘ten’’; and meaning given such term in section 2466(f) of SEC. 302. WORKING CAPITAL FUNDS. (ii) by striking out ‘‘(c)(1)’’ and inserting in title 10, United States Code. Funds are hereby authorized to be appro- lieu thereof ‘‘(c)(1)(A)’’; and SEC. 323. REPORT ON DEPOT-LEVEL MAINTE- priated for fiscal year 1997 for the use of the (B) in paragraph (2), by striking out NANCE AND REPAIR. Armed Forces and other activities and agen- ‘‘(c)(1)’’ and inserting in lieu thereof Subsection (e) of section 2466 of title 10, cies of the Department of Defense for pro- ‘‘(c)(1)(A)’’; and United States Code, is amended to read as viding capital for working capital and re- (3) in subsection (j), by striking out ‘‘(c)(1) follows: volving funds in amounts as follows: (A), (B), (C), and (D)’’ and inserting in lieu ‘‘(e) REPORT.—(1) Not later than February 1 (1) For the Defense Business Operations thereof ‘‘(c)(1) (A), (B), (C), (D), and (E)’’. of each year, the Secretary of Defense shall Fund, $947,900,000. SEC. 313. NONLETHAL WEAPONS CAPABILITIES. submit to Congress a report identifying, for (2) For the National Defense Sealift Fund, Of the amount authorized to be appro- each military department and Defense Agen- $1,268,002,000. priated under section 301, $5,000,000 shall be cy— SEC. 303. DEFENSE NUCLEAR AGENCY. available for the immediate procurement of ‘‘(A) the percentage of the funds referred to Of the amounts authorized to be appro- nonlethal weapons capabilities to meet ex- in subsection (a) that were used during the priated for the Department of Defense under isting deficiencies in inventories of such ca- preceding fiscal year for performance of section 301(5), $88,083,000 shall be available pabilities, of which— depot-level maintenance and repair work- for the Defense Nuclear Agency. (1) $2,000,000 shall be available for the loads by Federal Government personnel; and SEC. 304. TRANSFER FROM NATIONAL DEFENSE Army; and ‘‘(B) the percentage of the funds referred to STOCKPILE TRANSACTION FUND. (2) $3,000,000 shall be available for the Ma- in subsection (a) that were used during the (a) TRANSFER AUTHORITY.—To the extent rine Corps. preceding fiscal year to contract for the per- provided in appropriations Acts, not more SEC. 314. RESTRICTION ON COAST GUARD FUND- formance of depot-level maintenance and re- than $150,000,000 is authorized to be trans- ING. pair workloads by non-Federal Government ferred from the National Defense Stockpile No funds are authorized by this Act to be personnel. Transaction Fund to operation and mainte- appropriated to the Department of Defense ‘‘(2) Not later than 90 days after the date nance accounts for fiscal year 1997 in for the Coast Guard within budget subfunc- on which the Secretary submits the annual amounts as follows: tion 054. report under paragraph (1), the Comptroller (1) For the Army, $50,000,000. Subtitle C—Depot-Level Activities General shall submit to the Committees on (2) For the Navy, $50,000,000. Armed Services and on Appropriations of the SEC. 321. DEPARTMENT OF DEFENSE PERFORM- (3) For the Air Force, $50,000,000. Senate and the Committees on National Se- ANCE OF CORE LOGISTICS FUNC- curity and on Appropriations of the House of (b) TREATMENT OF TRANSFERS.—Amounts TIONS. Representatives the Comptroller’s views on transferred under this section— Section 2464(a) of title 10, United States whether the Department of Defense has com- (1) shall be merged with, and be available Code is amended by striking out paragraph plied with the requirements of subsection (a) for the same purposes and the same period (2) and inserting in lieu thereof the fol- for the fiscal year covered by the report.’’. as, the amounts in the accounts to which lowing: transferred; and ‘‘(2) The Secretary of Defense shall main- SEC. 324. DEPOT-LEVEL MAINTENANCE AND RE- (2) may not be expended for an item that tain within the Department of Defense those PAIR WORKLOAD DEFINED. has been denied authorization of appropria- logistics activities and capabilities that are Section 2466 of title 10, United States Code, tions by Congress. necessary to provide the logistics capability is amended by adding at the end the fol- (c) RELATIONSHIP TO OTHER TRANSFER AU- described in paragraph (1). The logistics ac- lowing: THORITY.—The transfer authority provided in tivities and capabilities maintained under ‘‘(f) DEPOT-LEVEL MAINTENANCE AND RE- this section is in addition to the transfer au- this paragraph shall include all personnel, PAIR WORKLOAD DEFINED.—In this section, thority provided in section 1001. equipment, and facilities that are necessary the term ‘depot-level maintenance and re- SEC. 305. CIVIL AIR PATROL. to maintain and repair the weapon systems pair workload’— (a) FUNDING.—Of the amounts authorized and other military equipment identified ‘‘(1) means material maintenance requiring to be appropriated pursuant to this Act, under paragraph (3). major overhaul or complete rebuilding of $14,526,000 may be made available to the Civil ‘‘(3) The Secretary of Defense, in consulta- parts, assemblies, or subassemblies, and test- Air Patrol Corporation. tion with the Joint Chiefs of Staff, shall ing and reclamation of equipment as nec- (b) AMOUNT FOR SEARCH AND RESCUE OPER- identify the weapon systems and other mili- essary, including all aspects of software ATIONS.—Of the amount made available pur- tary equipment that it is necessary to main- maintenance; suant to subsection (a), not more than 75 tain and repair within the Department of De- ‘‘(2) includes those portions of interim con- percent of such amount may be available for fense in order to maintain within the depart- tractor support, contractor logistics support, costs other than the costs of search and res- ment the capability described in paragraph or any similar contractor support for the cue missions. (1). performance of services described in para- SEC. 306. SR–71 CONTINGENCY RECONNAISSANCE ‘‘(4) The Secretary shall require that the graph (1); and FORCE. core logistics functions identified pursuant ‘‘(3) does not include ship modernization Of the funds authorized to be appropriated to paragraph (3) be performed in Govern- and other repair activities that— by section 301(4), $30,000,000 is authorized to ment-owned, Government-operated facilities ‘‘(A) are funded out of appropriations be made available for the SR–71 contingency of the Department of Defense by Department available to the Department of Defense for reconnaissance force. of Defense personnel using Department of procurement; and Subtitle B—Program Requirements, Defense equipment.’’. ‘‘(B) were not considered to be depot-level maintenance and repair workload activities Restrictions, and Limitations SEC. 322. INCREASE IN PERCENTAGE LIMITATION under regulations of the Department of De- SEC. 311. FUNDING FOR SECOND AND THIRD ON CONTRACTOR PERFORMANCE OF MARITIME PREPOSITIONING SHIPS DEPOT-LEVEL MAINTENANCE AND fense in effect on February 10, 1996.’’. OUT OF NATIONAL DEFENSE SEA- REPAIR WORKLOADS. SEC. 325. STRATEGIC PLAN RELATING TO DEPOT- LIFT FUND. (a) FIFTY PERCENT LIMITATION.—Section LEVEL MAINTENANCE AND REPAIR. (a) NATIONAL DEFENSE SEALIFT FUND.—To 2466(a) of title 10, United States Code, is (a) STRATEGIC PLAN REQUIRED.—(1) As soon the extent provided in appropriations Acts, amended by striking out ‘‘40 percent’’ in the as possible after the enactment of this Act, funds in the National Defense Sealift Fund first sentence and inserting in lieu thereof the Secretary of Defense shall submit to the may be obligated and expended for the pur- ‘‘50 percent’’. Committee on Armed Services of the Senate chase and conversion, or construction, of a (b) INCREASE DELAYED PENDING RECEIPT OF and the Committee on National Security of total of three ships for the purpose of en- STRATEGIC PLAN FOR THE PERFORMANCE OF the House of Representatives a strategic hancing Marine Corps prepositioning ship DEPOT-LEVEL MAINTENANCE AND REPAIR.—(1) plan for the performance of depot-level squadrons. Notwithstanding the first sentence of section maintenance and repair. (b) AUTHORIZATION OF APPROPRIATIONS.—Of 2466(a) of title 10, United States Code (as (2) The strategic plan shall cover the per- the amount authorized to be appropriated amended by subsection (a)), until the stra- formance of depot-level maintenance and re- under section 302(2), $240,000,000 is authorized tegic plan for the performance of depot-level pair for the Department of Defense in fiscal to be appropriated for the purpose stated in maintenance and repair is submitted under years 1998 through 2007. The plan shall pro- subsection (a). section 325, not more than 40 percent of the vide for maintaining the capability described

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6324 CONGRESSIONAL RECORD — SENATE June 18, 1996 in section 2464 of title 10, United States productivity gains, a discussion of any bar- SEC. 327. ANNUAL RISK ASSESSMENTS REGARD- Code. riers to achieving desired productivity gains ING PRIVATE PERFORMANCE OF (b) ADDITIONAL MATTERS COVERED.—The at the depots, and any necessary changes in DEPOT-LEVEL MAINTENANCE WORK. Secretary of Defense shall include in the civilian personnel policies that are necessary (a) REPORTS.—Chapter 146 of title 10, strategic plan submitted under subsection to improve productivity. United States Code, is amended by adding at (a) a detailed discussion of the following (12) The criteria used to make decisions on the end the following: matters: whether to convert to contractor perform- ‘‘§ 2473. Reports on privatization of depot- (1) For each military department, as deter- ance of depot-level maintenance and repair, level maintenance work mined after consultation with the Secretary the officials responsible for making the deci- ‘‘(a) ANNUAL RISK ASSESSMENTS.—(1) Not of that military department and the Chair- sion to convert, and any depot-level mainte- later than January 1 of each year, the Joint man of the Joint Chiefs of Staff, the depot- nance and repair workloads that are pro- Chiefs of Staff shall submit to the Secretary level maintenance and repair activities and posed to be converted to contractor perform- of Defense a report on the privatization of workloads that are necessary to perform ance before the end of fiscal year 2001. the performance of the various depot-level within the Department of Defense in order to (13) A detailed analysis of savings proposed maintenance workloads of the Department of maintain the core logistics capability re- to be achieved by contracting for the per- Defense. quired by section 2464 of title 10, United formance of depot-level maintenance and re- ‘‘(2) The report shall include with respect States Code. pair workload by private sector sources, to- to each depot-level maintenance workload (2) For each military department, as deter- gether with the report on the review of the the following: mined after consultation with the Secretary analysis (and the assumptions underlying ‘‘(A) An assessment of the risk to the read- of that military department and the Chair- the analysis) provided for under subsection iness, sustainability, and technology of the man of the Joint Chiefs of Staff, the depot- (c). Armed Forces in a full range of anticipated level maintenance and repair activities and (c) INDEPENDENT REVIEW OF SAVINGS ANAL- scenarios for peacetime and for wartime of— workloads that the Secretary of Defense YSIS.—The Secretary shall provide for a pub- ‘‘(i) using public entities to perform the plans to perform within the Department of lic accounting firm (independent of Depart- workload; Defense in order to satisfy the requirements ment of Defense influence) to review the ‘‘(ii) using private entities to perform the of section 2466 of title 10, United States Code. analysis referred to in subsection (b)(13) and workload; and (3) For the activities identified pursuant to the assumptions underlying the analysis for ‘‘(iii) using a combination of public enti- paragraphs (1) and (2), a discussion of which submission to the committees referred to in ties and private entities to perform the specific existing weapon systems or other ex- subsection (a) and to the Comptroller Gen- workload. isting equipment, and which specific planned eral. ‘‘(B) The recommendation of the Joint weapon systems or other planned equipment, (d) REVIEW BY COMPTROLLER GENERAL.—(1) Chiefs as to whether public entities, private are weapon systems or equipment for which At the same time that the Secretary of De- entities, or a combination of public entities it is necessary to maintain a core depot-level fense transmits the strategic plan under sub- and private entities could perform the work- maintenance and repair capability within section (a), the Secretary shall transmit a load without jeopardizing military readiness. the Department of Defense. copy of the plan (including the report of the ‘‘(3) Not later than 30 days after receiving (4) The core capabilities, including suffi- public accounting firm provided for under the report under paragraph (2)(B), the Sec- cient skilled personnel, equipment, and fa- subsection (c)) to the Comptroller General of retary shall transmit the report to Congress. cilities, that— the United States and make available to the If the Secretary does not concur in the rec- (A) are of sufficient size— Comptroller General all information used by ommendation made by the Joint Chiefs pur- (i) to ensure a ready and controlled source the Department of Defense in preparing the suant to paragraph (2)(B), the Secretary of the technical competencies, and the main- plan and analysis. shall include in the report under this para- tenance and repair capabilities, that are nec- (2) Not later than 60 days after the date on graph— essary to meet the requirements of the na- which the Secretary submits the strategic ‘‘(A) the recommendation of the Secretary; tional military strategy and other require- plan required by subsection (a), the Comp- and ments for responding to mobilizations and troller General shall transmit to Congress a ‘‘(B) a justification for the differences be- military contingencies; and report containing a detailed analysis of the tween the recommendation of the Joint (ii) to provide for rapid augmentation in strategic plan. Chiefs and the recommendation of the Sec- time of emergency; and (e) ADDITIONAL REPORTING REQUIREMENT retary. (B) are assigned a sufficient workload to FOR COMPTROLLER GENERAL.—Not later than ‘‘(b) ANNUAL REPORT ON PROPOSED PRIVAT- ensure cost efficiency and technical pro- February 1, 1997, the Comptroller General IZATION.—(1) Not later than February 28 of ficiency in peacetime. shall submit to the committees referred to in each year, the Joint Chiefs of Staff shall sub- (5) The environmental liability issues asso- subsection (a) a report on the effectiveness of mit to the Secretary of Defense a report on ciated with any projected privatization of the oversight by the Department of Defense each depot-level maintenance workload of the performance of depot-level maintenance of the management of existing contracts the Department of Defense that the Joint and repair, together with detailed projec- with private sector sources of depot-level Chiefs believe could be converted to perform- tions of the cost to the United States of sat- maintenance and repair of weapon systems, ance by private entities during the next fis- isfying environmental liabilities associated the adequacy of Department of Defense fi- cal year without jeopardizing military readi- with such privatized performance. nancial and information systems to support ness. (6) Any significant issues and risks con- effective decisions to contract for private ‘‘(2) Not later than 30 days after receiving cerning exchange of technical data on depot- sector performance of depot-level mainte- a report under paragraph (1), the Secretary level maintenance and repair between the nance and repair workloads that are being or shall transmit the report to Congress. If the Federal Government and the private sector. have been performed by Government per- Secretary does not concur in the proposal of (7) Any deficiencies in Department of De- sonnel, the status of reengineering efforts at the Joint Chiefs in the report, the Secretary fense financial systems that hinder effective depots owned and operated by the United shall include in the report under this para- evaluation of competitions (whether among States, and any overall management weak- graph— private-sector sources or among depot-level nesses within the Department of Defense ‘‘(A) each depot-level maintenance work- activities owned and operated by the Depart- that would hinder effective use of con- load of the Department that the Secretary ment of Defense and private-sector sources), tracting for the performance of depot-level proposes to be performed by private entities and merit-based selections (among depot- maintenance and repair. during the fiscal year concerned; and level activities owned and operated by the SEC. 326. ANNUAL REPORT ON COMPETITIVE ‘‘(B) a justification for the differences be- Department of Defense), for a depot-level PROCEDURES. tween the proposal of the Joint Chiefs and maintenance and repair workload, together (a) ANNUAL REPORT.—Section 2469 of title the proposal of the Secretary.’’. with plans to correct such deficiencies. 10, United States Code, is amended by adding (b) CLERICAL AMENDMENT.—The table of (9) The type of facility (whether a private at the end the following: sections at the beginning of such chapter is sector facility or a Government owned and ‘‘(d) ANNUAL REPORT.—Not later than amended by adding at the end the following: operated facility) in which depot-level main- March 31 of each year, the Secretary of De- ‘‘2473. Reports on privatization of depot-level tenance and repair of any new weapon sys- fense shall submit to the Committee on maintenance work.’’. tems that will reach full scale development Armed Services of the Senate and the Com- SEC. 328. EXTENSION OF AUTHORITY FOR NAVAL is to be performed. mittee on National Security of the House of SHIPYARDS AND AVIATION DEPOTS (10) The workloads necessary to maintain Representatives a report describing the com- TO ENGAGE IN DEFENSE-RELATED Government owned and operated depots at 50 petitive procedures used during the pre- PRODUCTION AND SERVICES. percent, 70 percent, and 85 percent of oper- ceding fiscal year for competitions referred (a) EXTENSION OF AUTHORITY.—Section ating capacity. to in subsection (a).’’. 1425(e) of the National Defense Authorization (11) A plan for improving the productivity (b) FIRST REPORT.—The first report under Act for Fiscal Year 1991 (Public Law 101–510) of the Government owned and operated depot subsection (d) of section 2469 of title 10, is amended by striking out ‘‘expires on Sep- maintenance and repair facilities, together United States Code (as added by subsection tember 30, 1995’’ and inserting in lieu thereof with management plans for changing admin- (a)), shall be submitted not later than March ‘‘may not be exercised after September 30, istrative and missions processes to achieve 31, 1997. 1997’’.

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(b) REVIVAL OF EXPIRED AUTHORITY.—The ‘‘(3) REQUIREMENT OF AUTHORIZATION OF AP- ing in lieu thereof ‘‘the environmental res- authority provided in section 1425 of the Na- PROPRIATIONS.—No funds may be appro- toration account concerned’’. tional Defense Authorization Act for Fiscal priated to a transfer account unless such (d) TREATMENT OF UNOBLIGATED BAL- Year 1991 may be exercised after September sums have been specifically authorized by ANCES.—Any unobligated balances that re- 30, 1995, subject to the limitation in sub- law. main in the Defense Environmental Restora- section (e) of such section as amended by ‘‘(4) AVAILABILITY OF FUNDS IN TRANSFER tion Account under section 2703(a) of title 10, subsection (a) of this section. ACCOUNTS.—Amounts appropriated to a United States Code, as of the effective date SEC. 329. LIMITATION ON USE OF FUNDS FOR F– transfer account shall remain available until specified in subsection (e) shall be trans- 18 AIRCRAFT DEPOT MAINTENANCE. transferred under subsection (b). ferred on such date to the Defense Environ- Of the amounts authorized to be appro- ‘‘(b) AUTHORITY TO TRANSFER TO OTHER AC- mental Restoration Account established priated by section 301(2), not more than COUNTS.—Amounts in a transfer account under section 2703(a)(1) of title 10, United $5,000,000 may be used for the performance of shall be available for transfer by the Sec- States Code (as amended by subsection depot maintenance on F–18 aircraft until 30 retary of Defense (in the case of the Defense (a)(1)). days after the date on which the Secretary of Environmental Restoration Account) or by (e) EFFECTIVE DATE.—The amendments Defense submits to the congressional defense the Secretary of a military department (in made by this section shall take effect on the committees a report on aviation depot main- the case of the environmental restoration ac- later of— tenance. The report shall contain the fol- count of that military department) to any (1) October 1, 1996; or lowing: appropriation account or fund of the Depart- (2) the date of the enactment of this Act. (1) The results of a competition which the ment of Defense (including an account or Secretary shall conduct between all Depart- SEC. 342. DEFENSE CONTRACTORS COVERED BY fund of a military department) for obligation REQUIREMENT FOR REPORTS ON ment of Defense aviation depots for selection from the account or fund to which trans- CONTRACTOR REIMBURSEMENT for the performance of depot maintenance on ferred. COSTS FOR RESPONSE ACTIONS. F–18 aircraft. ‘‘(c) OBLIGATION OF TRANSFERRED Section 2706(d)(1)(A) of title 10, United (2) An analysis of the total cost of transfer- AMOUNTS.—Funds transferred under sub- States Code, is amended by striking out ring the F–18 aircraft depot maintenance section (b) may only be obligated or ex- ‘‘100’’ and inserting in lieu thereof ‘‘20’’. workload to an aviation depot not per- pended from the account or fund to which SEC. 343. REPEAL OF REDUNDANT NOTIFICATION forming such workload as of the date of the transferred in order to carry out the environ- AND CONSULTATION REQUIRE- enactment of this Act. mental restoration functions of the Sec- MENTS REGARDING REMEDIAL IN- SEC. 330. DEPOT MAINTENANCE AND REPAIR AT retary of Defense and the Secretaries of the VESTIGATIONS AND FEASIBILITY FACILITIES CLOSED BY BRAC. STUDIES AT CERTAIN INSTALLA- military departments under this chapter and The Secretary may not contract for the TIONS TO BE CLOSED UNDER THE performance by a private sector source of under any other provision of law. BASE CLOSURE LAWS. any of the depot maintenance workload per- ‘‘(d) BUDGET REPORTS.—In proposing the Section 334 of the National Defense Au- formed as of the date of the enactment of budget for any fiscal year pursuant to sec- thorization Act for Fiscal Years 1992 and 1993 this Act at Sacramento Air Logistics Center tion 1105 of title 31, the President shall set (Public Law 102–190; 105 Stat. 1340; 10 U.S.C. or the San Antonio Air Logistics Center forth separately the amounts requested for 2687 note) is repealed. environmental restoration programs of the until the Secretary— SEC. 344. PAYMENT OF CERTAIN STIPULATED (1) publishes criteria for the evaluation of Department of Defense and of each of the CIVIL PENALTIES. military departments under this chapter and bids and proposals to perform such workload; (a) AUTHORITY.—The Secretary of Defense (2) conducts a competition for the work- under any other Act. may pay to the Hazardous Substance Super- load between public and private entities; ‘‘(e) AMOUNTS RECOVERED.—The following fund established under section 9507 of the In- (3) pursuant to the competition, deter- amounts shall be credited to the appropriate ternal Revenue Code of 1986 (26 U.S.C. 9507) mines in accordance with the criteria pub- environmental restoration account: stipulated civil penalties assessed under lished under paragraph (1) that an offer sub- ‘‘(1) Amounts recovered under CERCLA for CERCLA in amounts, and using funds, as fol- mitted by a private sector source to perform response actions. lows: the workload is the best value for the United ‘‘(2) Any other amounts recovered from a (1) Using funds authorized to be appro- States; and contractor, insurer, surety, or other person priated to the Army Environmental Restora- (4) submits to Congress the following— to reimburse the Department of Defense or a tion Account established under section (A) a detailed comparison of the cost of the military department for any expenditure for 2703(a)(1)(B) of title 10, United States Code, performance of the workload by civilian em- environmental response activities. as amended by section 341 of this Act, $34,000 ‘‘(f) PAYMENTS OF FINES AND PENALTIES.— ployees of the Department of Defense with assessed against Fort Riley, Kansas, under None of the funds appropriated to the De- the cost of the performance of the workload CERCLA. fense Environmental Restoration Account by that source; and (2) Using funds authorized to be appro- for fiscal years 1995 through 1999, or to any (B) an analysis which demonstrates that priated to the Navy Environmental Restora- environmental restoration account of a mili- the performance of the workload by that tion Account established under section tary department for fiscal years 1997 through source will provide the best value for the 2703(a)(1)(C) of that title, as so amended, 1999, may be used for the payment of a fine United States over the life of the contract. $30,000 assessed against the Naval Education or penalty (including any supplemental envi- Subtitle D—Environmental Provisions and Training Center, Newport, Rhode Island, ronmental project carried out as part of such under CERCLA. SEC. 341. ESTABLISHMENT OF SEPARATE ENVI- penalty) imposed against the Department of RONMENTAL RESTORATION TRANS- (3) Using funds authorized to be appro- Defense or a military department unless the FER ACCOUNTS FOR EACH MILITARY priated to the Air Force Environmental Res- act or omission for which the fine or penalty DEPARTMENT. toration Account established under section is imposed arises out of an activity funded (a) ESTABLISHMENT.—(1) Section 2703 of 2703(a)(1)(D) of that title, as so amended— by the environmental restoration account title 10, United States Code, is amended to (A) $550,000 assessed against the Massachu- concerned and the payment of the fine or read as follows: setts Military Reservation, Massachusetts, penalty has been specifically authorized by ‘‘§ 2703. Environmental restoration transfer under CERCLA, of which $500,000 shall be for law.’’. accounts the supplemental environmental project for (2) The table of sections at the beginning of ‘‘(a) ESTABLISHMENT OF TRANSFER AC- a groundwater modeling project that con- chapter 160 of title 10, United States Code, is COUNTS.— stitutes a part of the negotiated settlement amended by striking out the item relating to ‘‘(1) ESTABLISHMENT.—There are hereby es- of a penalty against the reservation; and section 2703 and inserting in lieu thereof the tablished in the Department of Defense the (B) $10,000 assessed against F.E. Warren Air following new item: following accounts: Force Base, Wyoming, under CERCLA. ‘‘(A) An account to be known as the ‘De- ‘‘2703. Environmental restoration transfer (4) Using funds authorized to be appro- fense Environmental Restoration Account’. accounts.’’. priated to the Department of Defense Base ‘‘(B) An account to be known as the ‘Army (b) REFERENCES.—Any reference to the De- Closure Account 1990 by section 2406(a)(13) of Environmental Restoration Account’. fense Environmental Restoration Account in this Act, $50,000 assessed against Loring Air ‘‘(C) An account to be known as the ‘Navy any Federal law, Executive Order, regula- Force Base, Maine, under CERCLA. Environmental Restoration Account’. tion, delegation of authority, or document of (b) CERCLA DEFINED.—In this section, the ‘‘(D) An account to be known as the ‘Air or pertaining to the Department of Defense term ‘‘CERCLA’’ means the Comprehensive Force Environmental Restoration Account’. shall be deemed to refer to the appropriate Environmental Response, Compensation, and ‘‘(2) TREATMENT OF APPROPRIATIONS.—All environmental restoration account estab- Liability Act of 1980 (42 U.S.C. 9601 et seq.). sums appropriated to the Department of De- lished under section 2703(a)(1) of title 10, SEC. 345. AUTHORITY TO WITHHOLD LISTING OF fense to carry out functions of the Secretary United States Code (as amended by sub- FEDERAL FACILITIES ON NATIONAL of Defense or of the Secretaries of the mili- section (a)(1)). PRIORITIES LIST. tary departments relating to environmental (c) CONFORMING AMENDMENT.—Section Section 120(d) of the Comprehensive Envi- restoration under this chapter or under any 2705(g)(1) of title 10, United States Code, is ronmental Response, Compensation, and Li- other provision of law shall be appropriated amended by striking out ‘‘the Defense Envi- ability Act of 1980 (42 U.S.C. 9620(d)) is to the transfer account concerned. ronmental Restoration Account’’ and insert- amended—

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6326 CONGRESSIONAL RECORD — SENATE June 18, 1996 (1) by redesignating paragraphs (1) and (2) been released,’’ and inserting ‘‘known to Secretaries of the military departments may as subparagraphs (A) and (B), respectively; have been released’’. enter into cooperative agreements with (2) by striking ‘‘Not later than 18 months SEC. 348. SHIPBOARD SOLID WASTE CONTROL. States, local governments, and appropriate after the enactment of the Superfund (a) IN GENERAL.—Section 3(c) of the Act to public and private entities in order to pro- Amendments and Reauthorization Act of Prevent Pollution from Ships (33 U.S.C. vide for the preservation, management, 1986, the Administrator’’ and inserting the 1902(c)) is amended— maintenance, and rehabilitation of cultural following: (1) in paragraph (1), by striking ‘‘Not later resources on military installations. ‘‘(1) IN GENERAL.—The Administrator’’; and than’’ and inserting ‘‘Except as provided in ‘‘(b) INAPPLICABILITY OF CERTAIN FEDERAL (3) by striking ‘‘Such criteria’’ and all that paragraphs (2) and (3), not later than’’; and FINANCIAL MANAGEMENT LAWS.—A coopera- follows through the end of the subsection (2) by striking paragraphs (2), (3), and (4) tive agreement under subsection (a) shall not and inserting the following: and inserting the following: be treated as a cooperative agreement for ‘‘(2) APPLICATION OF CRITERIA.— ‘‘(2)(A) Subject to subparagraph (B), any purposes of chapter 63 of title 31. ‘‘(A) IN GENERAL.—Subject to subparagraph ship described in subparagraph (C) may dis- ‘‘(c) LIMITATION ON AUTHORITY TO CARRY (B), the criteria referred to in paragraph (1) charge, without regard to the special area re- OUT AGREEMENTS.—The authority of the Sec- shall be applied in the same manner as the quirements of Regulation 5 of Annex V to retary of Defense or the Secretary of a mili- criteria are applied to facilities that are the Convention, the following non-plastic, tary department to carry out an agreement owned or operated by persons other than the non-floating garbage: entered into under subsection (a) shall be United States. ‘‘(i) A slurry of seawater, paper, cardboard, subject to the availability of funds for that ‘‘(B) RESPONSE UNDER OTHER LAW.—That or food waste that is capable of passing purpose. the head of the department, agency, or in- through a screen with openings no larger ‘‘(d) DEFINITION.—For purposes of this sec- strumentality that owns or operates a facil- than 12 millimeters in diameter. tion, the term ‘cultural resource’ means any ity has arranged with the Administrator or ‘‘(ii) Metal and glass that have been shred- of the following: appropriate State authorities to respond ap- ded and bagged so as to ensure negative ‘‘(1) A building, structure, site, district, or propriately, under authority of a law other buoyancy. object eligible for or included in the Na- than this Act, to a release or threatened re- ‘‘(B)(i) Garbage described subparagraph tional Register of Historic Places main- lease of a hazardous substance shall be an (A)(i) may not be discharged within 3 nau- tained under section 101(a) of the National tical miles of land. appropriate factor to be taken into consider- Historic Preservation Act (16 U.S.C. 470a(a)). ‘‘(ii) Garbage described in subparagraph ‘‘(2) A cultural item as that term is defined ation for the purposes of section 105(a)(8)(A). (A)(ii) may not be discharged within 12 nau- ‘‘(3) COMPLETION.—Evaluation and listing in section 2(3) of the Native American Graves tical miles of land. Protection and Repatriation Act (25 U.S.C. under this subsection shall be completed in ‘‘(C) This paragraph applies to any ship accordance with a reasonable schedule estab- 3001(3)). that is owned or operated by the Department ‘‘(3) An archaeological resource as that lished by the Administrator.’’. of the Navy that, as determined by the Sec- term is defined in section 3(1) of the Archae- SEC. 346. AUTHORITY TO TRANSFER CONTAMI- retary of the Navy— ological Resources Protection Act of 1979 (16 NATED FEDERAL PROPERTY BE- ‘‘(i) has unique military design, construc- U.S.C. 470bb(1)). FORE COMPLETION OF REQUIRED tion, manning, or operating requirements; REMEDIAL ACTIONS. ‘‘(4) An archaeological artifact collection and Section 120(h)(3) of the Comprehensive En- and associated records covered by section 79 ‘‘(ii) cannot fully comply with the special vironmental Response, Compensation, and of title 36, Code of Federal Regulations.’’. area requirements of Regulation 5 of Annex Liability Act of 1980 (42 U.S.C. 9620(h)(3)) is (b) CLERICAL AMENDMENT.—The table of amended— V to the Convention because compliance is sections at the beginning of such chapter is (1) by redesignating subparagraph (A) as not technologically feasible or would impair amended by adding at the end the following clause (i) and clauses (i), (ii), and (iii) of that the operations or operational capability of new item: subparagraph as subclauses (I), (II), and (III), the ship. ‘‘(3)(A) Not later than December 31, 2000, ‘‘2694. Cooperative agreements for manage- respectively; the Secretary of the Navy shall prescribe and ment of cultural resources on (2) by striking ‘‘After the last day’’ and in- publish in the Federal Register standards to military installations.’’. serting the following: ensure that each ship described in subpara- SEC. 350. REPORT ON WITHDRAWAL OF PUBLIC ‘‘(A) IN GENERAL.—After the last day’’; graph (B) is, to the maximum extent prac- LANDS AT EL CENTRO NAVAL AIR (3) by redesignating subparagraph (B) as ticable without impairing the operations or FACILITY, CALIFORNIA. clause (ii) and clauses (i) and (ii) of that sub- operational capabilities of the ship, operated (a) REPORT.—Not later than March 15, 1997, paragraph as subclauses (I) and (II), respec- in a manner that is consistent with the spe- the Secretary of Defense, acting through the tively; cial area requirements of Regulation 5 of Deputy Under Secretary of Defense for Envi- (4) by redesignating subparagraph (C) as Annex V to the Convention. ronmental Security, shall submit to the con- clause (iii); ‘‘(B) Subparagraph (A) applies to surface gressional defense committees a report that (5) by striking ‘‘For purposes of subpara- ships that are owned or operated by the De- assesses the effects of the proposed with- graph (B)(i)’’ and inserting the following: partment of the Navy that the Secretary drawal of public lands at El Centro Naval Air ‘‘(B) COMPLETION OF CONSTRUCTION.—For plans to decommission during the period be- Facility, California, on the operational and purposes of subparagraph (A)(ii)(I)’’; and ginning on January 1, 2001, and ending on De- training requirements of the Department of (6) by adding at the end the following: cember 31, 2005. Defense at that facility. ‘‘(C) DEFERRAL.—The Administrator (in ‘‘(C) At the same time that the Secretary (b) REPORT ELEMENTS.—The report under the case of real property at a Federal facility publishes standards under subparagraph (A), subsection (a) shall— that is listed on the National Priorities List) the Secretary shall publish in the Federal (1) describe in detail the operational and or the Governor of the State in which the fa- Register a list of the ships covered by sub- training requirements of the Department of cility is located (in the case of real property paragraph (B).’’. Defense at El Centro Naval Air Facility; at a Federal facility not listed on the Na- (b) SENSE OF CONGRESS.— (2) assess the effects of the proposed with- tional Priorities List) may defer the require- (1) COMPLIANCE WITH ANNEX V.—It is the drawal on such operational and training re- ment of subparagraph (A)(ii) with respect to sense of Congress that it should be an objec- quirements; the property if the Administrator or the tive of the Navy to achieve full compliance (3) describe the relationship, if any, of the Governor, as the case may be, determines with Annex V to the Convention as part of proposed withdrawal to the withdrawal of that— the Navy’s development of ships that are en- other public lands under the California ‘‘(i) the property is suitable for transfer; vironmentally sound. Desert Protection Act of 1994 (Public Law and (2) DEFINITION.—In this subsection, the 103–433); ‘‘(ii) the contract of sale or other agree- terms ‘‘Convention’’ and ‘‘ship’’ have the (4) assess the additional responsibilities, if ment governing the transfer between the meanings provided in section 2(a) of the Act any, of the Navy for land management at the United States and the transferee of the prop- to Prevent Pollution from Ships (33 U.S.C. facility as a result of the proposed with- erty contains assurances that all appropriate 1901(a)). drawal; and remedial action will be taken with respect to SEC. 349. COOPERATIVE AGREEMENTS FOR THE (5) assess the costs, if any, to the Navy re- any releases or threatened releases at or MANAGEMENT OF CULTURAL RE- sulting from the proposed withdrawal. from the property that occurred or existed SOURCES ON MILITARY INSTALLA- SEC. 351. USE OF HUNTING AND FISHING PERMIT TIONS. prior to the transfer.’’. FEES COLLECTED AT CLOSED MILI- (a) AUTHORITY TO ENTER INTO AGREE- TARY RESERVATIONS. SEC. 347. CLARIFICATION OF MEANING OF MENTS.—Chapter 159 of title 10, United States Subparagraph (B) of section 101(b)(4) of the UNCONTAMINATED PROPERTY FOR Code, is amended by adding at the end the PURPOSES OF TRANSFER BY THE Act of September 15, 1960 (commonly known UNITED STATES. following new section: as the ‘‘Sikes Act’’; 16 U.S.C. 670a(b)(4)), is Section 120(h)(4)(A) of the Comprehensive ‘‘§ 2694. Cooperative agreements for manage- amended to read as follows: Environmental Response, Compensation, and ment of cultural resources on military in- ‘‘(B) the fees collected under this para- Liability Act of 1980 (42 U.S.C. 9620(h)(4)(A)) stallations graph— is amended in the first sentence by striking ‘‘(a) AUTHORITY TO ENTER INTO AGREE- ‘‘(i) shall be expended at the military res- ‘‘stored for one year or more, known to have MENTS.—The Secretary of Defense and the ervation with respect to which collected; or

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6327 ‘‘(ii) if collected with respect to a military affect the terms, conditions, or duration of tionate to the amount of the costs charged reservation that is closed, shall be available any contract entered into by the Secretary to that appropriation. for expenditure at any other military res- of Defense before the date of the enactment ‘‘(d) LOANED PROPERTY.—(1) Property ervation for purposes of the protection, con- of this Act for the procurement of commer- loaned for a presidential inauguration under servation, and management of fish and wild- cial items for resale in commissary stores. subsection (b)(3) shall be returned within life at such reservation.’’. SEC. 364. ADMINISTRATION OF MIDSHIPMEN’S nine days after the date of the ceremony in- augurating the President. Subtitle E—Other Matters STORE AND OTHER NAVAL ACADEMY SUPPORT ACTIVITIES AS NON- ‘‘(2) An inaugural committee referred to in SEC. 361. FIREFIGHTING AND SECURITY-GUARD APPROPRIATED FUND INSTRUMEN- subsection (a)(1) shall give good and suffi- FUNCTIONS AT FACILITIES LEASED TALITIES. cient bond for the return in good order and BY THE GOVERNMENT. condition of property loaned to the com- Section 2465(b) of title 10, United States (a) IN GENERAL.—(1) Chapter 603 of title 10, United States Code, is amended by striking mittee under subsection (b)(3). Code, is amended— ‘‘(3) An inaugural committee referred to in (1) by striking out ‘‘or’’ at the end of para- out sections 6970 and 6971 and inserting in lieu thereof the following new section: subsection (a)(1) shall— graph (2); ‘‘(A) indemnify the United States for any (2) by striking out the period at the end of ‘‘§ 6970. Midshipmen’s store and Naval Acad- loss of, or damage to, property loaned to the paragraph (3) and inserting in lieu thereof ‘‘; emy shops, laundry, and dairy: non- committee under subsection (b)(3); and or’’; and appropriated fund accounts ‘‘(B) defray any expense incurred for the (3) by adding at the end the following: ‘‘(a) IN GENERAL.—Under regulations pre- delivery, return, rehabilitation, replace- ‘‘(4) to a contract to be carried out at a pri- scribed by the Secretary of the Navy, the Su- ment, or operation of the property.’’. vate facility at which a Federal Government perintendent of the Naval Academy shall ad- (b) CLERICAL AMENDMENT.—The table of activity is located pursuant to a lease of the minister a nonappropriated fund account for sections at the beginning of subchapter II of facility to the Government.’’. each of the Academy activities referred to in chapter 152 of such title is amended by strik- SEC. 362. AUTHORIZED USE OF RECRUITING subsection (b). ing out the item relating to section 2543 and FUNDS. ‘‘(b) ACTIVITIES.—Subsection (a) applies to inserting in lieu thereof the following: (a) AUTHORITY.—Chapter 31 of title 10, the following Academy activities: ‘‘2543. Equipment and services: Presidential United States Code, is amended by adding at ‘‘(1) The midshipmen’s store. inaugural committees.’’. the end the following new section: ‘‘(2) The barber shop. SEC. 366. DEPARTMENT OF DEFENSE SUPPORT ‘‘§ 520c. Authorized use of recruiting funds ‘‘(3) The cobbler shop. FOR SPORTING EVENTS. ‘‘(a) MEALS AND REFRESHMENTS.—Under ‘‘(4) The tailor shop. (a) LOCAL SUPPORT.—The Secretary of De- regulations prescribed by the Secretary con- ‘‘(5) The dairy. fense may authorize the commander of a cerned, funds appropriated to the Depart- ‘‘(6) The laundry. military installation or other facility of the ment of Defense for recruitment of military ‘‘(c) CREDITING OF REVENUE.—The Super- Department of Defense or the commander of personnel may be expended for small meals intendent shall credit to each account ad- a specified or unified combatant command to and refreshments that are provided in the ministered with respect to an activity under provide assistance for the World Cup Soccer performance of personnel recruiting func- subsection (a) all revenue received from the Games, the Goodwill Games, the Olympics, tions of the armed forces to— activity.’’. and any other major civilian sporting event in support of essential security and safety at ‘‘(1) persons who have enlisted under the (2) The table of sections at the beginning of such event, but only in accordance with an Delayed Entry Program authorized by sec- such chapter is amended by striking out the agreement entered into by the Secretary and tion 513 of this title; items relating to sections 6970 and 6971 and one or more organizations sponsoring the ‘‘(2) persons who are objects of armed inserting in lieu thereof the following new event and only to the extent that the essen- forces recruiting efforts; item: tial security and safety needs cannot reason- ‘‘(3) influential persons in communities ‘‘6970. Midshipmen’s store and Naval Acad- ably be met by a source other than the De- emy shops, laundry, and dairy: when assisting the military departments in partment of Defense. nonappropriated fund ac- recruiting efforts; (b) AGREEMENT.—(1) An agreement entered ‘‘(4) members of the armed forces and Fed- counts.’’. into with an organization under this section eral Government employees when attending (b) EMPLOYMENT STATUS OF EMPLOYEES OF shall provide for the Department of Defense recruiting events in accordance with a re- ACTIVITIES.—Section 2105 of title 5, United to be reimbursed for amounts expended by quirement to do so; and States Code, is amended by striking out sub- the Department of Defense in providing sup- ‘‘(5) other persons when contributing to re- section (b). port for the event, except that the agree- cruiting efforts by attending recruiting SEC. 365. ASSISTANCE TO COMMITTEES IN- ment— events. VOLVED IN INAUGURATION OF THE (A) may not require reimbursement to be ‘‘(b) ANNUAL REPORT.—Not later than Feb- PRESIDENT. made by an organization before the sporting ruary 1 of each year, the Secretary of De- (a) IN GENERAL.—Section 2543 of title 10, event covered by the agreement is complete fense shall submit to Congress a report on United States Code, is amended to read to and all of the costs under the organization’s the extent to which the authority under sub- read as follows: other contractual obligations relating to the section (a) was exercised during the fiscal ‘‘§ 2543. Equipment and services: Presidential event have been paid; and year ending in the preceding year. inaugural committees (B) shall include a clause providing that ‘‘(c) TERMINATION OF AUTHORITY.—(1) The the amount of the reimbursement shall be authority in subsection (a) may not be exer- ‘‘(a) ASSISTANCE AUTHORIZED.—The Sec- retary of Defense may provide the assistance the lesser of— cised after September 30, 2001. (i) the amount, if any, of the organization’s ‘‘(2) No report is required under subsection referred to in subsection (b) to the following committees: surplus funds remaining after payment of all (b) after 2002.’’. of the costs referred to in subparagraph (A); (b) CLERICAL AMENDMENT.—The table of ‘‘(1) An Inaugural Committee established or sections at the beginning of such chapter is under the first section of the Presidential In- (ii) the amount expended by the Depart- amended by adding at the end the following augural Ceremonies Act (36 U.S.C. 721). ‘‘(2) A joint committee of the Senate and ment in providing support for the event. new item: (2) The Secretary of Defense may include House of Representatives appointed under ‘‘520c. Authorized use of recruiting funds.’’. in the agreement such additional terms and section 9 of that Act (36 U.S.C. 729). SEC. 363. NONCOMPETITIVE PROCUREMENT OF conditions as the Secretary considers appro- ‘‘(b) ASSISTANCE.—The following assistance BRAND-NAME COMMERCIAL ITEMS priate in the interests of the Federal Govern- may be provided under subsection (a): FOR RESALE IN COMMISSARY ment. STORES. ‘‘(1) Planning and carrying out activities (3) Paragraph (1) does not apply to support (a) CLARIFICATION OF EXCEPTION TO COM- relating to security and safety. for civilian sporting events known as of the PETITIVE PROCUREMENT.—Section 2486 of title ‘‘(2) Planning and carrying out ceremonial date of the enactment of this Act as ‘‘Special 10, United States Code, is amended by adding activities. Olympics’’ or ‘‘Paralympics’’. at the end the following: ‘‘(3) Loan of property. (c) INAPPLICABILITY TO EVENTS ALREADY ‘‘(e) The Secretary of Defense may not, ‘‘(4) Any other assistance that the Sec- FUNDED.—This section does not apply with under the exception provided in section retary considers appropriate. respect to a sporting event for which funds 2304(c)(5) of this title, use procedures other ‘‘(c) REIMBURSEMENT.—(1) An inaugural have been appropriated before the date of the than competitive procedures for the procure- committee referred to in subsection (a)(1) enactment of this Act. ment of a brand-name commercial item for shall reimburse the Secretary for any costs (d) SURPLUS FUNDS DEFINED.—For the pur- resale in commissary stores unless the com- incurred in connection with the provision to poses of this section, the term ‘‘surplus mercial item is regularly sold outside of the committee of assistance referred to in funds’’, with respect to an organization spon- commissary stores under the same brand subsection (b)(4). soring a sporting event, means the amount name as the commercial item will be sold in ‘‘(2) Costs reimbursed under paragraph (1) equal to the excess of— commissary stores.’’. shall be credited to the appropriations from (1) the total amount of the funds received (b) EFFECT ON EXISTING CONTRACTS.—The which the costs were paid. The amount cred- by the organization for the event other than amendment made by subsection (a) shall not ited to an appropriation shall be propor- revenues derived from any tax, over

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(2) the total amount expended by the orga- ‘‘Total number of Number of officers who may be serving on ac- SEC. 404. EXTENSION OF REQUIREMENT FOR nization for payment of all of the costs under commissioned offi- tive duty in the grade of: RECOMMENDATIONS REGARDING the organization’s contractual obligations cers (excluding offi- APPOINTMENTS TO JOINT 4-STAR cers in categories (other than an agreement entered into with OFFICER POSITIONS. specified in sub- Major Lieutenant Colonel Section 604(c) of title 10, United States the Secretary of Defense under this section) section (b)) on active Colonel Code, is amended by striking out ‘‘Sep- that relate to the event. duty: tember 30, 1997’’ and inserting in lieu thereof SEC. 367. RENOVATION OF BUILDING FOR DE- 90,000 ...... 16,529 10,692 4,181 ‘‘September 30, 2000’’. FENSE FINANCE AND ACCOUNTING 95,000 ...... 17,220 11,081 4,364 SERVICE CENTER, FORT BENJAMIN SEC. 405. INCREASE IN AUTHORIZED NUMBER OF HARRISON, INDIANA. 100,000 ...... 17,912 11,469 4,548 GENERAL OFFICERS ON ACTIVE 110,000 ...... 19,295 12,246 4,915 DUTY IN THE MARINE CORPS. (a) TRANSFER AUTHORITY.—Subject to sub- Section 526(a)(4) of title 10, United States section (b), the Secretary of Defense may 120,000 ...... 20,678 13,023 5,281 130,000 ...... 22,061 13,800 5,648 Code, is amended by striking out ‘‘68’’ and transfer funds available to the Department inserting in lieu thereof ‘‘80’’. of Defense for the Defense Finance and Ac- 170,000 ...... 27,593 16,908 7,116 counting Service for a fiscal year for oper- Air Force: Subtitle B—Reserve Forces 35,000 ...... 9,216 7,090 2,125 ation and maintenance to the Administrator SEC. 411. END STRENGTHS FOR SELECTED RE- 40,000 ...... 10,025 7,478 2,306 of General Services for paying the costs of SERVE. 45,000 ...... 10,835 7,866 2,487 planning, design, and renovation of Building (a) IN GENERAL.—The Armed Forces are au- 50,000 ...... 11,645 8,253 2,668 One, Fort Benjamin Harrison, Indiana, for thorized strengths for Selected Reserve per- 55,000 ...... 12,454 8,641 2,849 use as a Defense Finance and Accounting sonnel of the reserve components as of Sep- 60,000 ...... 13,264 9,029 3,030 Service Center. tember 30, 1997, as follows: 65,000 ...... 14,073 9,417 3,211 (1) The Army National Guard of the United (b) AUTHORITY SUBJECT TO AUTHORIZATIONS 70,000 ...... 14,883 9,805 3,392 States, 366,758. AND APPROPRIATIONS.—To the extent pro- 75,000 ...... 15,693 10,193 3,573 vided in appropriations Acts— (2) The Army Reserve, 214,925. 80,000 ...... 16,502 10,582 3,754 (1) of funds appropriated for fiscal year (3) The Naval Reserve, 96,304. 85,000 ...... 17,312 10,971 3,935 1997, $9,000,000 may be transferred pursuant (4) The Marine Corps Reserve, 42,000. 90,000 ...... 18,121 11,360 4,115 (5) The Air National Guard of the United to subsection (a); and 95,000 ...... 18,931 11,749 4,296 (2) of funds appropriated for fiscal years States, 108,594. 100,000 ...... 19,741 12,138 4,477 (6) The Air Force Reserve, 73,281. 1998, 1999, 2000, and 2001, funds may be trans- 105,000 ...... 20,550 12,527 4,658 ferred pursuant to subsection (a) in such (7) The Coast Guard Reserve, 8,000. 110,000 ...... 21,360 12,915 4,838 (b) WAIVER AUTHORITY.—The Secretary of amounts as are authorized to be transferred 115,000 ...... 22,169 13,304 5,019 Defense may vary the end strength author- in an Act enacted after the date of the enact- 120,000 ...... 22,979 13,692 5,200 ized by subsection (a) by not more than 2 ment of this Act. 125,000 ...... 23,789 14,081 5,381 percent. TITLE IV—MILITARY PERSONNEL Marine Corps: (c) ADJUSTMENTS.—The end strengths pre- AUTHORIZATIONS 10,000 ...... 2,525 1,480 571 scribed by subsection (a) for the Selected Re- Subtitle A—Active Forces 12,500 ...... 2,900 1,600 592 serve of any reserve component for a fiscal 15,000 ...... 3,275 1,720 613 year shall be proportionately reduced by— SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 17,500 ...... 3,650 1,840 633 (1) the total authorized strength of units The Armed Forces are authorized 20,000 ...... 4,025 1,960 654 organized to serve as units of the Selected strengths for active duty personnel as of 22,500 ...... 4,400 2,080 675 Reserve of such component which are on ac- September 30, 1997, as follows: 25,000 ...... 4,775 2,200 695’’. tive duty (other than for training) at the end (1) The Army, 495,000, of which not more of the fiscal year, and than 80,300 may be commissioned officers. (2) the total number of individual members (2) The Navy, 407,318, of which not more (b) NAVY.—The table in section 523(a)(2) of not in units organized to serve as units of than 56,165 may be commissioned officers. title 10, United States Code, is amended to the Selected Reserve of such component who (3) The Marine Corps, 174,000, of which not read as follows: are on active duty (other than for training or more than 17,978 may be commissioned offi- for unsatisfactory participation in training) cers. ‘‘Total number of Number of officers who may be serving on ac- without their consent at the end of the fiscal (4) The Air Force, 381,222, of which not commissioned offi- tive duty in grade of: cers (excluding offi- year. more than 74,445 may be commissioned offi- cers in categories cers. specified in sub- Lieutenant Whenever such units or such individual section (b)) on ac- Commander Commander Captain members are released from active duty dur- SEC. 402. TEMPORARY FLEXIBILITY RELATING TO tive duty: ing any fiscal year, the end strength pre- PERMANENT END STRENGTH LEV- ELS. scribed for such fiscal year for the Selected Navy: Reserve of such reserve component shall be Section 691(d) of title 10, United States 30,000 ...... 7,331 5,018 2,116 proportionately increased by the total au- Code, is amended by striking out ‘‘not more 33,000 ...... 7,799 5,239 2,223 thorized strengths of such units and by the than 0.5 percent’’ and inserting in lieu there- 36,000 ...... 8,267 5,460 2,330 total number of such individual members. of ‘‘not more than 5 percent’’. 39,000 ...... 8,735 5,681 2,437 SEC. 412. END STRENGTHS FOR RESERVES ON AC- SEC. 403. AUTHORIZED STRENGTHS FOR COMMIS- 42,000 ...... 9,203 5,902 2,544 TIVE DUTY IN SUPPORT OF THE RE- SIONED OFFICERS IN GRADES O–4, 45,000 ...... 9,671 6,123 2,651 SERVES. O–5, AND O–6. 48,000 ...... 10,139 6,343 2,758 Within the end strengths prescribed in sec- (a) ARMY, AIR FORCE, AND MARINE CORPS.— 51,000 ...... 10,606 6,561 2,864 tion 411(a), the reserve components of the The table in section 523(a)(1) of title 10, 54,000 ...... 11,074 6,782 2,971 Armed Forces are authorized, as of Sep- United States Code, is amended to read as 57,000 ...... 11,541 7,002 3,078 tember 30, 1997, the following number of Re- follows: 60,000 ...... 12,009 7,222 3,185 serves to be serving on full-time active duty 63,000 ...... 12,476 7,441 3,292 or full-time duty, in the case of members of ‘‘Total number of Number of officers who may be serving on ac- 66,000 ...... 12,944 7,661 3,398 the National Guard, for the purpose of orga- commissioned offi- tive duty in the grade of: cers (excluding offi- 70,000 ...... 13,567 7,954 3,541 nizing, administering, recruiting, instruct- cers in categories 90,000 ...... 16,683 9,419 4,254’’. ing, or training the reserve components: specified in sub- Lieutenant (1) The Army National Guard of the United section (b)) on active Major Colonel Colonel duty: (c) REPEAL OF TEMPORARY AUTHORITY FOR States, 22,798. VARIATIONS IN END STRENGTHS.—The fol- (2) The Army Reserve, 11,475. Army: lowing provisions of law are repealed: (3) The Naval Reserve, 16,603. 20,000 ...... 6,848 5,253 1,613 (1) Section 402 of the National Defense Au- (4) The Marine Corps Reserve, 2,559. 25,000 ...... 7,539 5,642 1,796 thorization Act for Fiscal Year 1994 (Public (5) The Air National Guard of the United 30,000 ...... 8,231 6,030 1,980 Law 103–160; 107 Stat. 1639; 10 U.S.C. 523 States, 10,378. 35,000 ...... 8,922 6,419 2,163 note). (6) The Air Force Reserve, 655. 40,000 ...... 9,614 6,807 2,347 (2) Section 402 of the National Defense Au- Subtitle C—Authorization of Appropriations 45,000 ...... 10,305 7,196 2,530 thorization Act for Fiscal Year 1995 (Public SEC. 421. AUTHORIZATION OF APPROPRIATIONS 50,000 ...... 10,997 7,584 2,713 Law 103–337; 108 Stat. 2743; 10 U.S.C. 523 FOR MILITARY PERSONNEL. 55,000 ...... 11,688 7,973 2,897 note). There is hereby authorized to be appro- 60,000 ...... 12,380 8,361 3,080 (3) Section 402 of the National Defense Au- priated to the Department of Defense for 65,000 ...... 13,071 8,750 3,264 thorization Act for Fiscal Year 1996 (Public military personnel for fiscal year 1997 a total 70,000 ...... 13,763 9,138 3,447 Law 104–106; 110 Stat. 286; 10 U.S.C. 523 note). of $69,878,430,000. The authorization in the 75,000 ...... 14,454 9,527 3,631 (d) EFFECTIVE DATE.—The amendments preceding sentence supersedes any other au- 80,000 ...... 15,146 9,915 3,814 made by subsections (a), (b), and (c) shall thorization of appropriations (definite or in- 85,000 ...... 15,837 10,304 3,997 take effect on September 1, 1997. definite) for such purpose for fiscal year 1997.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6329 TITLE V—MILITARY PERSONNEL POLICY isfactory service in grade, the person was nent who is on active duty (other than for Subtitle A—Officer Personnel Policy serving in that grade while serving in a posi- training) pursuant to an order to active duty tion of adjutant general required under sec- under section 12301 of this title that specifies SEC. 501. EXTENSION OF AUTHORITY FOR TEM- tion 314 of title 32 or while serving in a posi- a period of less than 180 days.’’. PORARY PROMOTIONS FOR CERTAIN NAVY LIEUTENANTS WITH CRITICAL tion of assistant adjutant general subordi- SEC. 515. RETIREMENT OF RESERVES DISABLED SKILLS. nate to such a position of adjutant general, BY INJURY OR DISEASE INCURRED and the person has failed to complete three OR AGGRAVATED DURING OVER- Section 5721(g) of title 10, United States NIGHT STAY BETWEEN INACTIVE Code, is amended by striking out ‘‘Sep- years of service in that grade solely because the person’s appointment to such position DUTY TRAINING PERIODS. tember 30, 1996’’ and inserting in lieu thereof Paragraph (2) of section 1204 of title 10, has been terminated or vacated as described ‘‘September 30, 1997’’. United States Code, is amended to read as in section 324(b) of such title, then such per- follows: SEC. 502. EXCEPTION TO BACCALAUREATE DE- son may be credited with satisfactory service GREE REQUIREMENT FOR APPOINT- ‘‘(2) the disability is a result of— in that grade, notwithstanding the failure to MENT IN THE NAVAL RESERVE IN ‘‘(A) performing active duty or inactive- complete three years of service in that GRADES ABOVE O–2. duty training; grade. Section 12205(b)(3) of title 10, United States ‘‘(B) traveling directly to or from the place Code, is amended by inserting ‘‘or the Sea- ‘‘(D) To the extent authorized by the Sec- retary of the military department concerned, at which such duty is performed; or man to Admiral program’’ after ‘‘(NAVCAD) ‘‘(C) an injury, illness, or disease incurred program’’. a person who, after having been rec- ommended for promotion in a report of a or aggravated while remaining overnight, be- SEC. 503. TIME FOR AWARD OF DEGREES BY promotion board but before being promoted tween successive periods of inactive-duty UNACCREDITED EDUCATIONAL IN- to the recommended grade, served in a posi- training, at or in the vicinity of the site of STITUTIONS FOR GRADUATES TO BE the inactive duty training, if the site is out- CONSIDERED EDUCATIONALLY tion for which that grade is the minimum authorized grade may be credited for pur- side reasonable commuting distance of the QUALIFIED FOR APPOINTMENT AS member’s residence;’’. RESERVE OFFICERS IN GRADE O–3. poses of subparagraph (A) as having served in Section 12205(c)(2)(C) of title 10, United that grade for the period for which the per- SEC. 516. RESERVE CREDIT FOR PARTICIPATION son served in that position while in the next IN THE HEALTH PROFESSIONS States Code, is amended by striking out SCHOLARSHIP AND FINANCIAL AS- ‘‘three years’’ and inserting in lieu thereof lower grade. The period credited may not in- SISTANCE PROGRAM. ‘‘eight years’’. clude any period before the date on which (a) CREDIT AUTHORIZED.—Section 2126 of SEC. 504. CHIEF WARRANT OFFICER PRO- the Senate provides advice and consent for title 10, United States Code, is amended— MOTIONS. the appointment of that person in the rec- (1) by striking out ‘‘Service performed’’ (a) REDUCTION OF MINIMUM TIME IN GRADE ommended grade. and inserting in lieu thereof ‘‘(a) SERVICE ‘‘(E) To the extent authorized by the Sec- REQUIRED FOR CONSIDERATION FOR PRO- NOT CREDITABLE.—Except as provided in sub- retary of the military department concerned, MOTION.—Section 574(e) of title 10, United section (b), service performed’’; and a person who, after having been extended States Code, is amended by striking out (2) by adding at the end the following: temporary Federal recognition as a reserve ‘‘three years of service’’ and inserting in lieu ‘‘(b) EXCEPTION.—(1) The Secretary con- officer of the Army National Guard in a par- thereof ‘‘two years of service’’. cerned may authorize service performed by a ticular grade under section 308 of title 32 or (b) BELOW-ZONE SELECTION.—Section member of the program in pursuit of a temporary Federal recognition as a reserve 575(b)(1) of such title is amended by inserting course of study under this subchapter to be officer of the Air National Guard in a par- ‘‘chief warrant officer, W–3,’’ in the first sen- counted in accordance with this subsection if ticular grade under such section, served in a tence after ‘‘to consider warrant officers for the member— position for which that grade is the min- selection for promotion to the grade of’’. ‘‘(A) completes the course of study; imum authorized grade may be credited for ‘‘(B) completes the active duty obligation SEC. 505. FREQUENCY OF PERIODIC REPORT ON purposes of subparagraph (A) as having imposed under section 2123(a) of this title; PROMOTION RATES OF OFFICERS served in that grade for the period for which CURRENTLY OR FORMERLY SERV- and ING IN JOINT DUTY ASSIGNMENTS. the person served in that position while ex- ‘‘(C) possesses a specialty designated by tended the temporary Federal recognition, Section 662(b) of title 10, United States the Secretary concerned as critically needed but only if the person was subsequently ex- Code, is amended by striking out ‘‘not less in wartime. tended permanent Federal recognition as a often than every six months’’ in the par- ‘‘(2) Service credited under paragraph (1) reserve officer in that grade and also served enthetical in the first sentence and inserting counts only for the following purposes: in that position after being extended the per- in lieu thereof ‘‘not less often than every ‘‘(A) Award of retirement points for com- manent Federal recognition.’’. twelve months’’. putation of years of service under section (b) EXCEPTION TO REQUIREMENT FOR RETEN- 12732 of this title and for computation of re- Subtitle B—Matters Relating to Reserve TION OF RESERVE OFFICERS UNTIL COMPLE- tired pay under section 12733 of this title. Components TION OF REQUIRED SERVICE.—Section ‘‘(B) Computation of years of service cred- SEC. 511. CLARIFICATION OF DEFINITION OF AC- 12645(b)(2) of such title is amended by insert- itable under section 205 of title 37. TIVE STATUS. ing ‘‘or a reserve active-status list’’ after ‘‘(3) For purposes of paragraph (2)(A), a Section 101(d)(4) of title 10, United States ‘‘active-duty list’’. member may be credited in accordance with Code, is amended by striking out ‘‘a reserve (c) TECHNICAL CORRECTION.—Section paragraph (1) with not more than 50 points commissioned officer, other than a commis- 14314(b)(2)(B) of such title is amended by for each year of participation in a course of sioned warrant officer,’’ and inserting in lieu striking out ‘‘of the Air Force’’. study that the member satisfactorily com- thereof the following: ‘‘a member of a re- SEC. 513. REPEAL OF REQUIREMENT FOR PHYS- pletes as a member of the program. serve component’’. ICAL EXAMINATIONS OF MEMBERS ‘‘(4) Service may not be counted under OF NATIONAL GUARD CALLED INTO paragraph (1) for more than four years of SEC. 512. AMENDMENTS TO RESERVE OFFICER FEDERAL SERVICE. PERSONNEL MANAGEMENT ACT participation in a course of study as a mem- (a) REPEAL.—Section 12408 of title 10, PROVISIONS. ber of the program. United States Code, is repealed. ‘‘(5) A member who is dropped from the (a) SERVICE REQUIREMENT FOR RETIREMENT (b) CLERICAL AMENDMENT.—The table of program under section 2123(c) of this title IN HIGHEST GRADE HELD.—Section 1370(d) of sections at the beginning of chapter 1209 is may not receive any credit under paragraph title 10, United States Code, is amended— amended by striking out the item relating to (1) for participation in a course of study as a (1) by redesignating paragraph (3) as para- section 12408. member of the program. Any credit awarded graph (4); SEC. 514. AUTHORITY FOR A RESERVE ON ACTIVE for participation in the program before the (2) in paragraph (2)(A), by striking out DUTY TO WAIVE RETIREMENT SANC- member is dropped shall be rescinded. ‘‘(A)’’; TUARY. ‘‘(6) A member is not entitled to any retro- (3) by redesignating paragraph (2)(B) as Section 12686 of title 10, United States active award of, or increase in, pay or allow- paragraph (3); and Code, is amended— ances under title 37 by reason of an award of (4) in paragraph (3), as so redesignated— (1) by inserting ‘‘(a) LIMITATION.—’’ before service credit under paragraph (1).’’. (A) by designating the first sentence as ‘‘Under regulations’’; and (b) AWARD OF RETIREMENT POINTS.—(1) Sec- subparagraph (A); (2) by adding at the end the following new tion 12732(a)(2) of such title is amended— (B) by designating the second sentence as subsection: (A) by inserting after clause (C) the fol- subparagraph (B) and realigning such sub- ‘‘(b) WAIVER.—(1) The Secretary concerned lowing: paragraph, as so redesignated, flush to the may authorize a member described in para- ‘‘(D) Points credited for the year under sec- left margin; graph (2) to waive the applicability of the tion 2126(b) of this title.’’; and (C) in subparagraph (B), as so redesignated, limitation under subsection (a) to the mem- (B) in the matter following clause (D), as by striking out ‘‘the preceding sentence’’ and ber for the period of active duty described in inserted by paragraph (1), by striking out inserting in lieu thereof ‘‘subparagraph (A)’’; that paragraph. A member shall exercise any ‘‘and (C)’’ and inserting in lieu thereof ‘‘(C), and such waiver option, if at all, before the pe- and (D)’’. (D) by adding at the end the following: riod of active duty begins. (2) Section 12733(3) of such title is amended ‘‘(C) If a person covered by subparagraph ‘‘(2) The authority provided in paragraph by striking out ‘‘or (C)’’ and inserting in lieu (A) has completed at least six months of sat- (1) applies to a member of a reserve compo- thereof ‘‘(C), or (D)’’.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6330 CONGRESSIONAL RECORD — SENATE June 18, 1996 SEC. 517. REPORT ON GUARD AND RESERVE sessing the activities under the project dur- SEC. 533. DISABILITY COVERAGE FOR OFFICERS FORCE STRUCTURE. ing the preceding year. The report submitted GRANTED EXCESS LEAVE FOR EDU- (a) REPORT.—Not later than March 1, 1997, in 2000 shall include the Secretary’s rec- CATIONAL PURPOSES. the Secretary of Defense shall submit to ommendation as to the advisability of con- (a) ELIGIBILITY FOR RETIREMENT.—Section Congress a report on the current force struc- tinuing or expanding the authority for the 1201 of title 10, United States Code, is amend- ture and the projected force structure of the project. ed— National Guard and the other reserve compo- (e) TERMINATION.—The authority of the (1) by inserting ‘‘(a) RETIREMENT.—’’ before nents. Secretary to carry out the demonstration ‘‘Upon a determination’’; (b) REPORT ELEMENTS.—The report re- project shall expire four years after the date (2) by striking out ‘‘a member of a regular quired by subsection (a) shall address the fol- of the enactment of this Act. component of the armed forces entitled to lowing: Subtitle D—Other Matters basic pay, or any other member of the armed (1) The role of specific guard and reserve forces entitled to basic pay who has been SEC. 531. RETIREMENT AT GRADE TO WHICH SE- units in the current force structure of the called or ordered to active duty (other than guard and reserves. LECTED FOR PROMOTION WHEN A PHYSICAL DISABILITY IS FOUND AT for training under section 10148(a) of this (2) The projected role of specific guard ANY PHYSICAL EXAMINATION. title) for a period of more than 30 days,’’ and units and reserve units in a major regional Section 1372(3) of title 10, United States inserting in lieu thereof ‘‘a member de- contingency. Code, is amended by striking out ‘‘his phys- scribed in subsection (b)’’; (3) Whether or not the current force struc- ical examination for promotion’’ and insert- (3) by inserting after ‘‘incurred while enti- ture of the guard and reserves is excess to ing in lieu thereof ‘‘a physical examination’’. tled to basic pay’’ the following: ‘‘or incurred the combat readiness requirements of the while absent as described in section 502(b) of Armed Forces and, if so, to what extent. SEC. 532. LIMITATIONS ON RECALL OF RETIRED MEMBERS TO ACTIVE DUTY. title 37 to participate in an educational pro- (4) The effect of decisions relating to the (a) NUMBER ON ACTIVE DUTY CONCUR- gram (even though not entitled to basic pay force structure of the guard and reserves on RENTLY.—Subsection (c) of section 688 of by operation of such section)’’; and combat readiness within the tiered structure title 10, United States Code, is amended— (4) by adding at the end the following: of combat readiness applied to the Armed (1) by striking out ‘‘(c) Except in time of ‘‘(b) ELIGIBLE MEMBERS.—This section ap- Forces. war, or of national emergency declared by plies to the following members: Subtitle C—Officer Education Programs Congress or the President after November 30, ‘‘(1) A member of a regular component of SEC. 521. INCREASED AGE LIMIT ON APPOINT- 1980, not’’ and inserting in lieu thereof ‘‘(c)(1) the armed forces entitled to basic pay. MENT AS A CADET OR MIDSHIPMAN Not’’; and ‘‘(2) Any other member of the armed forces IN THE SENIOR RESERVE OFFICERS’ (2) by adding at the end the following: entitled to basic pay who has been called or TRAINING CORPS AND THE SERVICE ‘‘(2) Not more than 25 officers of any one ordered to active duty (other than for train- ACADEMIES. armed force may be serving on active duty ing under section 10148(a) of this title) for a (a) SENIOR RESERVE OFFICERS’ TRAINING concurrently pursuant to orders to active period of more than 30 days. CORPS.—Section 2107(a) of title 10, United duty issued under this section.’’. ‘‘(3) A member of a regular component of States Code, is amended by striking out ‘‘25 (b) OFFICERS RETIRED ON SELECTIVE EARLY the armed forces who is on active duty but is years of age’’ and inserting in lieu thereof RETIREMENT BASIS.—Such section is amend- absent as described in section 502(b) of title ‘‘27 years of age’’. ed by adding at the end the following: 37 to participate in an educational pro- (b) UNITED STATES MILITARY ACADEMY.— ‘‘(e) The following officers may not be or- gram.’’. Section 4346(a) of title 10, United States dered to active duty under this section: Code, is amended by striking out ‘‘twenty- (b) ELIGIBILITY FOR PLACEMENT ON TEM- ‘‘(1) An officer who retired under section second birthday’’ and inserting in lieu there- PORARY DISABILITY RETIREMENT LIST.—Sec- 638 of this title. of ‘‘twenty-third birthday’’. tion 1202 of title 10, United States Code, is ‘‘(2) An officer who— (c) UNITED STATES NAVAL ACADEMY.—Sec- amended— ‘‘(A) after having been notified that the of- tion 6958(a)(1) of title 10, United States Code, (1) by inserting ‘‘(a) TEMPORARY RETIRE- ficer was to be considered for early retire- is amended by striking out ‘‘twenty-second MENT.—’’ before ‘‘Upon a determination’’; ment under section 638 of this title by a birthday’’ and inserting in lieu thereof and board convened under section 611(b) of this ‘‘twenty-third birthday’’. (2) by striking out ‘‘a member of a regular title and before being considered by that (d) UNITED STATES AIR FORCE ACADEMY.— component of the armed forces entitled to Section 9346(a) of title 10, United States board, requested retirement under section basic pay, or any other member of the armed Code, is amended by striking out ‘‘twenty- 3911, 6323, or 8911 of this title; and forces entitled to basic pay who has been second birthday’’ and inserting in lieu there- ‘‘(B) was retired pursuant to that re- called or ordered to active duty (other than of ‘‘twenty-third birthday’’. quest.’’. for training under section 10148(a) of this (c) LIMITATION OF PERIOD OF RECALL SERV- SEC. 522. DEMONSTRATION PROJECT FOR IN- title) for a period of more than 30 days,’’ and ICE.—Such section, as amended by subsection STRUCTION AND SUPPORT OF ARMY inserting in lieu thereof ‘‘a member de- ROTC UNITS BY MEMBERS OF THE (b), is further amended by adding at the end scribed in section 1201(b) of this title’’. the following: ARMY RESERVE AND NATIONAL (c) ELIGIBILITY FOR SEPARATION.—Section ‘‘(f)(1) A member ordered to active duty GUARD. 1203 of title 10, United States Code, is amend- under subsection (a) may not serve on active (a) IN GENERAL.—The Secretary of the ed— duty pursuant to orders under such sub- Army shall carry out a demonstration (1) by inserting ‘‘(a) SEPARATION.—’’ before section for more than 12 months within the project in order to assess the feasibility and ‘‘Upon a determination’’; 24 months following the first day of the ac- advisability of providing instruction and (2) by striking out ‘‘a member of a regular tive duty to which ordered under this sec- similar support to units of the Reserve Offi- component of the armed forces entitled to tion. cers Training Corps of the Army through basic pay, or any other member of the armed ‘‘(2) Paragraph (1) does not apply to the members of the Army Reserve (including forces entitled to basic pay who has been following: members of the Individual Ready Reserve) called or ordered to active duty (other than ‘‘(A) A chaplain who is assigned to duty as and members of the Army National Guard. for training under section 10148(a) of this a chaplain for the period of active duty to (b) PROJECT REQUIREMENTS.—(1) The Sec- title) for a period of more than 30 days,’’ and which ordered. retary shall carry out the demonstration inserting in lieu thereof ‘‘a member de- ‘‘(B) A health care professional (as charac- project at least one institution. scribed in section 1201(b) of this title’’; and terized by the Secretary concerned) who is (2) In order to enhance the value of the (3) by inserting after ‘‘incurred while enti- assigned to duty as a health care profes- project, the Secretary may take actions to tled to basic pay’’ the following: ‘‘or incurred sional for the period of the active duty to ensure that members of the Army Reserve while absent as described in section 502(b) of which ordered. and the Army National Guard provide in- title 37 to participate in an educational pro- ‘‘(C) Any officer assigned to duty with the struction and support under the project in a gram (even though not entitled to basic pay American Battle Monuments Commission for variety of innovative ways. by operation of such section)’’. (c) INAPPLICABILITY OF LIMITATION ON RE- the period of active duty to which ordered.’’. SERVES IN SUPPORT OF ROTC.—The assign- (d) WAIVER FOR PERIODS OF WAR OR NA- (d) EFFECTIVE DATE.—The amendments ment of a member of the Army Reserve or TIONAL EMERGENCY.—Such section, as made by this section shall take effect on the the Army National Guard to provide instruc- amended by subsection (c), is further amend- date of the enactment of this Act and shall tion or support under the demonstration ed by adding at the end the following: apply with respect to physical disabilities in- project shall not be treated as an assignment ‘‘(g)(1) Subsection (c)(1) does not apply in curred on or after such date. of the member to duty with a unit of a Re- time of war or of national emergency de- SEC. 534. UNIFORM POLICY REGARDING RETEN- serve Officer Training Corps program for clared by Congress or the President after No- TION OF MEMBERS WHO ARE PER- purposes of section 12321 of title 10, United vember 30, 1980. MANENTLY NONWORLDWIDE AS- States Code. ‘‘(2) Subsections (c)(2), (e), and (f) do not SIGNABLE. (d) REPORTS.—Not later than February 1 in apply in time of war or of national emer- (a) POLICY REQUIRED.—Chapter 59 of title each of 1998, 1999, 2000, and 2001, the Sec- gency declared by Congress or the Presi- 10, United States Code, is amended by insert- retary shall submit to Congress a report as- dent.’’. ing after section 1176 the following:

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6331 ‘‘§ 1177. Uniform policy regarding retention of undetermined or who is unaccounted for.’’; ing out ‘‘subsection (i)’’ each place it appears members who are permanently nonworld- and in paragraphs (4)(D) and (5)(B) and inserting wide assignable (B) by striking out subsection (f). in lieu thereof ‘‘subsection (h)’’; ‘‘The Secretary of Defense shall prescribe (2) Section 1503(c) of such title is amend- (D) in subsection (g)(3)(A), as so redesig- regulations setting forth uniform policies ed— nated, by striking out ‘‘and the counsel for and procedures regarding retention of mem- (A) in paragraph (1), by striking out ‘‘one the missing person appointed under sub- bers of the Army, Navy, Air Force, and Ma- individual described in paragraph (2)’’ and section (f)’’; rine Corps who are permanently nonworld- inserting in lieu thereof ‘‘one military offi- (E) in subsection (j), as so redesignated— wide assignable for medical reasons.’’. cer’’; (i) in paragraph (1)— (b) CLERICAL AMENDMENT.—The table of (B) by striking out paragraph (2); and (I) by striking out ‘‘subsection (j)’’ in the sections at the beginning of such chapter is (C) by redesignating paragraphs (3) and (4) matter preceding subparagraph (A) and in- amended by inserting after the item relating as paragraphs (2) and (3), respectively. serting in lieu thereof ‘‘subsection (i)’’; to section 1176 the following: (3) Section 1504(d) of such title is amend- (II) by inserting ‘‘and’’ at the end of sub- ed— paragraph (A); ‘‘1177. Uniform policy regarding retention of (A) by striking out the text of paragraph (III) by striking out subparagraph (B); and members who are permanently (1) and inserting in lieu thereof the following (IV) by redesignating subparagraph (C) as nonworldwide assignable.’’. new text: ‘‘A board under this section shall subparagraph (B) and in that subparagraph, SEC. 535. AUTHORITY TO EXTEND PERIOD FOR be composed of at least three members who as so redesignated, by striking out ‘‘sub- ENLISTMENT IN REGULAR COMPO- are officers having the grade of major or NENT UNDER THE DELAYED ENTRY section (g)(5)’’ and inserting in lieu thereof PROGRAM. lieutenant commander or above.’’; and ‘‘subsection (f)(5)’’; and (B) in paragraph (4), by striking out ‘‘sec- (a) AUTHORITY.—Section 513(b) of title 10, (ii) in paragraph (2), by striking out ‘‘sub- United States Code, is amended by inserting tion 1503(c)(4)’’ and inserting in lieu thereof paragraph (C)’’ and inserting in lieu thereof after the first sentence the following: ‘‘The ‘‘section 1503(c)(3)’’. ‘‘subparagraph (B)’’; (4) Paragraph (1) of section 1513 of such Secretary concerned may extend the 365-day (F) in subsection (k), as redesignated by title is amended to read as follows: period for a person for up to 180 additional paragraph (2)(B) of this subsection, by strik- ‘‘(1) The term ‘missing person’ means a days if the Secretary determines that it is in ing out ‘‘subsection (k)’’ in the matter pre- member of the armed forces on active duty the best interests of the armed force under ceding paragraph (1) and inserting in lieu who is in a missing status.’’. the Secretary’s jurisdiction to do so.’’. thereof ‘‘subsection (j)’’; and (b) REPORT ON PRELIMINARY ASSESSMENT OF (b) TECHNICAL AMENDMENTS.—Section (G) in subsection (l), as so redesignated, by STATUS.—(1) Section 1502 of title 10, United 513(b) of such title, as amended by subsection striking out ‘‘subsection (k)’’ and inserting States Code, is amended— (a), is further amended— in lieu thereof ‘‘subsection (l)’’. (A) in subsection (a)(2)— (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; (5) Section 1505(c) of such title is amend- (i) by striking out ‘‘48 hours’’ and inserting (2) by designating the third sentence as ed— in lieu thereof ‘‘10 days’’; and paragraph (2) and realigning such paragraph, (A) in paragraph (2), by striking out ‘‘(A) (ii) by striking out ‘‘theater component as so designated, flush to the left margin; the designated missing person’s counsel for commander with jurisdiction over the miss- and that person, and (B)’’; and ing person’’ and inserting in lieu thereof (3) in paragraph (2), as so designated, by (B) in paragraph (3), by striking out ‘‘, with ‘‘Secretary concerned’’; striking out ‘‘the preceding sentence’’ and the advice’’ and all that follows through (B) by striking out subsection (b); inserting in lieu thereof ‘‘paragraph (1)’’. ‘‘paragraph (2),’’. (C) by redesignating subsection (c) as sub- (6) Section 1509(a) of such title is amended SEC. 536. CAREER SERVICE REENLISTMENTS FOR section (b); and by striking out ‘‘section 1504(g)’’ and insert- MEMBERS WITH AT LEAST 10 YEARS (D) in subsection (b), as so redesignated, by ing in lieu thereof ‘‘section 1504(f)’’. OF SERVICE. striking out the second sentence. (d) FREQUENCY OF SUBSEQUENT REVIEWS.— Subsection (d) of section 505 of title 10, (2) Section 1503(a) of such title is amended Subsection (b) of section 1505 of title 10, United States Code, is amended to read as by striking out ‘‘section 1502(b)’’ and insert- United States Code, is amended to read as follows: ing in lieu thereof ‘‘section 1502(a)’’. follows: ‘‘(d)(1) The Secretary concerned may ac- (3) Section 1513 of such title is amended by ‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.— cept a reenlistment in the Regular Army, striking out paragraph (8). The Secretary concerned shall conduct in- Regular Navy, Regular Air Force, Regular (c) REPEAL OF REQUIREMENTS FOR COUNSELS quiries into the whereabouts and status of a Marine Corps, or Regular Coast Guard, as FOR MISSING PERSONS.—(1) Section 1503 of person under subsection (a) upon receipt of the case may be, for a period determined title 10, United States Code, is amended— information that may result in a change of under this subsection. (A) by striking out subsection (f); and status of the person. The Secretary con- ‘‘(2) In the case of a member who has less (B) by redesignating subsections (g) cerned shall appoint a board to conduct such than 10 years of service in the armed forces through (k) as subsections (f) through (j), re- inquiries.’’. as of the day before the first day of the pe- spectively. (e) REPEAL OF STATUTORY PENALTIES FOR riod for which reenlisted, the period for (2) Section 1504 of such title is amended— WRONGFUL WITHHOLDING OF INFORMATION.— which the member reenlists shall be at least (A) by striking out subsection (f); and Section 1506 of title 10, United States Code, two years but not more than six years. (B) by redesignating subsections (g) is amended— ‘‘(3) In the case of a member who has at through (m) as subsections (f) through (l), re- (1) by striking out subsection (e); and least 10 years of service in the armed forces spectively. (2) by redesignating subsection (f) as sub- as of the day before the first day of the pe- (3) Such section 1503 is further amended— section (e). riod for which reenlisted, the Secretary con- (A) in subsection (g)(3), as redesignated by (f) INFORMATION TO ACCOMPANY REC- cerned may accept a reenlistment for ei- paragraph (1)(B) of this subsection, by strik- OMMENDATION OF STATUS OF DEATH.—Section ther— ing out ‘‘subsection (j)’’ and inserting in lieu 1507(b) of title 10, United States Code, is amended by striking out paragraphs (3) and ‘‘(A) a specified period of at least two years thereof ‘‘subsection (i)’’; (4). but not more than six years; or (B) in subsection (h)(1), as so redesignated, ‘‘(B) an unspecified period. (g) REPEAL OF RIGHT OF JUDICIAL REVIEW.— by striking out ‘‘subsection (h)’’ and insert- Section 1508 of title 10, United States Code, ‘‘(4) No enlisted member is entitled to be ing in lieu thereof ‘‘subsection (g)’’; is repealed. reenlisted for a period that would expire be- (C) in subsection (i), as so redesignated— (h) SCOPE OF PREENACTMENT REVIEW.—(1) fore the end of the member’s current enlist- (i) by striking out ‘‘subsection (i)’’ in the Section 1509 of title 10, United States Code, ment.’’. matter preceding paragraph (1) and inserting is amended— SEC. 537. REVISIONS TO MISSING PERSONS AU- in lieu thereof ‘‘subsection (h)’’; and (A) in subsection (b)— THORITIES. (ii) in paragraph (1)(B), by striking out (i) by striking out paragraph (1); and (a) REPEAL OF APPLICABILITY OF AUTHORI- ‘‘subsection (h)’’ and inserting in lieu thereof (ii) by redesignating paragraphs (2) and (3) TIES TO DEPARTMENT OF DEFENSE CIVILIAN ‘‘subsection (g)’’; and as paragraphs (1) and (2), respectively; EMPLOYEES AND CONTRACTOR EMPLOYEES.— (D) in subsection (j), as so redesignated, by (B) by striking out subsection (c); (1) Section 1501 of title 10, United States striking out ‘‘subsection (i)’’ and inserting in (C) by redesignating subsection (d) as sub- Code, is amended— lieu thereof ‘‘subsection (h)’’. section (c); and (A) by striking out subsection (c) and in- (4) Such section 1504 of such title is amend- (D) in subsection (c), as so redesignated— serting in lieu thereof the following new sub- ed— (i) by striking out paragraph (1); and section (c): (A) in subsection (a), by striking out ‘‘sec- (ii) by redesignating paragraphs (2) and (3) ‘‘(c) COVERED PERSONS.—Section 1502 of tion 1503(i)’’ and inserting in lieu thereof as paragraphs (1) and (2), respectively. this title applies in the case of any member ‘‘section 1503(h)’’; (2) The section heading of such section is of the armed forces on active duty who be- (B) in subsection (e)(1), by striking out amended by striking out ‘‘, special interest comes involuntarily absent as a result of a ‘‘section 1503(h)’’ and inserting in lieu there- cases’’. hostile action, or under circumstances sug- of ‘‘section 1503(g)’’; (i) CLERICAL AMENDMENTS.—The table of gesting that the involuntary absence is a re- (C) in subsection (f), as redesignated by sections at the beginning of chapter 76 of sult of a hostile action, and whose status is paragraph (2)(B) of this subsection, by strik- title 10, United States Code, is amended—

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6332 CONGRESSIONAL RECORD — SENATE June 18, 1996 (1) in the item relating to section 1509, by (B) by striking out the period at the end of States Code, before the date of the enact- striking out ‘‘, special interest cases’’; and paragraph (3) and inserting in lieu thereof ‘‘; ment of this Act. (2) by striking out the item relating to sec- and’’; and Subtitle G—Armed Forces Retirement Home tion 1509. (C) by adding at the end the following new SEC. 581. REFERENCES TO ARMED FORCES RE- SEC. 538. INAPPLICABILITY OF SOLDIERS’ AND paragraph: TIREMENT HOME ACT OF 1991. SAILORS’ CIVIL RELIEF ACT OF 1940 ‘‘(4) no officer in the Commissioned Corps Except as otherwise expressly provided, TO THE PERIOD OF LIMITATIONS of the Public Health Service may be credited whenever in this subtitle an amendment or FOR FILING CLAIMS FOR CORREC- with service as a midshipman at the United TIONS OF MILITARY RECORDS. repeal is expressed in terms of an amend- States Naval Academy or as a cadet at the ment to, or repeal of, a section or other pro- (a) EXTENSION OF PERIOD.—Section 1552(b) United States Military Academy, United of title 10, United States Code, is amended— vision, the reference shall be considered to States Air Force Academy, or United States be made to a section or other provision of (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and Coast Guard Academy.’’. (2) by adding at the end the following: the Armed Forces Retirement Home Act of ‘‘(2) Notwithstanding the provisions of sec- SEC. 562. EXCEPTION TO GRADE LIMITATIONS 1991 (title XV of Public Law 101–510; 24 U.S.C. FOR PUBLIC HEALTH SERVICE OFFI- 401 et seq.). tion 205 of the Soldiers’ and Sailors’ Civil Re- CERS ASSIGNED TO THE DEPART- lief Act of 1940 (50 U.S.C. App. 525), and any MENT OF DEFENSE. SEC. 582. ACCEPTANCE OF UNCOMPENSATED other provision of law, the three-year period Section 206 of the Public Health Service SERVICES. for filing a request for correction of records Act (42 U.S.C. 207 et seq.) is amended by add- (a) AUTHORITY.—Part A is amended by add- is not extended by reason of military service. ing at the end thereof the following new sub- ing at the end the following: However, in determining under paragraph (1) section: ‘‘SEC. 1522. AUTHORITY TO ACCEPT CERTAIN UN- COMPENSATED SERVICES. whether it is in the interest of justice to ex- ‘‘(f) EXCEPTION TO GRADE LIMITATIONS FOR cuse a failure timely to file a request for cor- OFFICERS ASSIGNED TO DEPARTMENT OF DE- ‘‘(a) AUTHORITY TO ACCEPT SERVICES.—Sub- rection, the board shall consider the claim- FENSE.—In computing the maximum number ject to subsection (b) and notwithstanding ant’s military service and its effect on the of commissioned officers of the Public section 1342 of title 31, United States Code, claimant’s ability to file a claim.’’. Health Service authorized by law to hold a the Chairman of the Retirement Home Board (b) EFFECTIVE DATE.—Paragraph (2) of sec- grade which corresponds to the grade of cap- or the Director of each establishment of the tion 1552(b) of such title, as added by sub- tain, major, lieutenant colonel, or colonel, Retirement Home may accept from any per- section (a), shall take effect three years there may be excluded from such computa- son voluntary personal services or gratu- after the date of the enactment of this Act. tion officers who hold such a grade while the itous services unless the acceptance of the SEC. 539. MEDAL OF HONOR FOR CERTAIN AFRI- officers are assigned to duty in the Depart- voluntary services is disapproved by the Re- CAN-AMERICAN SOLDIERS WHO ment of Defense.’’. tirement Home Board. SERVED IN WORLD WAR II. ‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) (a) INAPPLICABILITY OF TIME LIMITATIONS.— Subtitle F—Defense Economic Adjustment, The Chairman of the Retirement Home Notwithstanding the time limitations in sec- Diversification, Conversion, and Stabilization Board or the Director of the establishment tion 3744(b) of title 10, United States Code, or SEC. 571. AUTHORITY TO EXPAND LAW ENFORCE- accepting the services shall notify the person any other time limitation, the President MENT PLACEMENT PROGRAM TO IN- of the scope of the services accepted. may award the Medal of Honor to each per- CLUDE FIREFIGHTERS. ‘‘(2) The Chairman or Director shall— son identified in subsection (b), each such Section 1152(g) of title 10, United States ‘‘(A) supervise the person providing the person having distinguished himself con- Code, is amended— services to the same extent as that official spicuously by gallantry and intrepidity at (1) by striking out ‘‘(g) CONDITIONAL EX- would supervise a compensated employee the risk of his life above and beyond the call PANSION OF PLACEMENT TO INCLUDE FIRE- providing similar services; and of duty while serving in the United States FIGHTERS.—(1) Subject to paragraph (2), the’’ ‘‘(B) ensure that the person is licensed, Army during World War II. and inserting in lieu thereof ‘‘(g) AUTHORITY privileged, has appropriate credentials, or is (b) APPLICABILITY.—The authority in this TO EXPAND PLACEMENT TO INCLUDE FIRE- otherwise qualified under applicable laws or section applies with respect to the following FIGHTERS.—The’’; and regulations to provide such services. persons: (2) in paragraph (2), by striking out the ‘‘(3) A person providing services accepted (1) Vernon J. Baker, who served as a first first sentence. under subsection (a) may not— lieutenant in the 370th Infantry Regiment, SEC. 572. TROOPS-TO-TEACHERS PROGRAM IM- ‘‘(A) serve in a policymaking position of 92nd Infantry Division. PROVEMENTS. the Retirement Home; or (2) Edward A. Carter, who served as a staff (a) SEPARATED MEMBERS OF THE ARMED ‘‘(B) be compensated for the services by the sergeant in the 56th Armored Infantry Bat- FORCES.—(1) Subsection (a) of section 1151 of Retirement Home. talion, 12th Armored Division. title 10, United States Code, is amended by ‘‘(c) AUTHORITY TO RECRUIT AND TRAIN (3) John R. Fox, who served as a first lieu- striking out ‘‘may establish’’ and inserting PERSONS PROVIDING SERVICES.—The Chair- tenant in the 366th Infantry Regiment, 92nd in lieu thereof ‘‘shall establish’’. man of the Retirement Home Board or the Infantry Division. (2) Such section is further amended— Director of an establishment of the Retire- (4) Willy F. James, Jr., who served as a pri- (A) in subsection (f)(2), by striking out ment Home may recruit and train persons to vate first class in the 413th Infantry Regi- ‘‘five school years’’ in subparagraphs (A) and provide services authorized to be accepted ment, 104th Infantry Division. (B) and inserting in lieu thereof ‘‘two school under subsection (a). (5) Ruben Rivers, who served as a staff ser- years’’; and ‘‘(d) STATUS OF PERSONS PROVIDING SERV- geant in the 761st Tank Battalion. (B) in subsection (h)(3)(A), by striking out ICES.—(1) Subject to paragraph (3), while pro- (6) Charles L. Thomas, who served as a ‘‘five consecutive school years’’ and insert- viding services accepted under subsection (a) first lieutenant in the 614th Tank Destroyer ing in lieu thereof ‘‘two consecutive school or receiving training under subsection (c), a Battalion. years’’. person shall be considered to be an employee (7) George Watson, who served as a private (3) Subsection (g)(2) of such section is of the Federal Government only for purposes in the 29th Quartermaster Regiment. amended— of the following provisions of law: (c) POSTHUMOUS AWARD.—The Medal of (A) by striking out the comma after ‘‘sec- ‘‘(A) Subchapter I of chapter 81 of title 5, Honor may be awarded under this section tion 1174a of this title’’ and inserting in lieu United States Code (relating to compensa- posthumously, as provided in section 3752 of thereof ‘‘or’’; and tion for work-related injuries). title 10, United States Code. (B) by striking out ‘‘, or retires pursuant ‘‘(B) Chapter 171 of title 28, United States (d) PRIOR AWARD.—The Medal of Honor to the authority provided in section 4403 of Code (relating to claims for damages or loss). may be awarded under this section for serv- the National Defense Authorization Act for ‘‘(2) A person providing services accepted ice for which a Distinguished-Service Cross, fiscal year 1993 (Public Law 102–484; 10 U.S.C. under subsection (a) shall be considered to be or other award, has been awarded. 1293 note)’’. an employee of the Federal Government Subtitle E—Commissioned Corps of the (4) Subsection (h)(3)(B) of such section is under paragraph (1) only with respect to Public Health Service amended— services that are within the scope of the SEC. 561. APPLICABILITY TO PUBLIC HEALTH (A) in clause (i), by striking out ‘‘$25,000’’ services accepted. SERVICE OF PROHIBITION ON CRED- and inserting in lieu thereof ‘‘$17,000’’; ‘‘(3) For purposes of determining the com- ITING CADET OR MIDSHIPMEN SERV- (B) in clause (ii)— pensation for work-related injuries payable ICE AT THE SERVICE ACADEMIES. (i) by striking out ‘‘40 percent’’ and insert- under chapter 81 of title 5, United States Section 971(b) of title 10, United States ing in lieu thereof ‘‘25 percent’’; and Code (pursuant to this subsection) to a per- Code, is amended— (ii) by striking out ‘‘$10,000’’ and inserting son providing services accepted under sub- (1) in subsection (a), by inserting before in lieu thereof ‘‘$8,000’’; and section (a), the monthly pay of the person the period at the end the following: ‘‘or an (C) by striking out clauses (iii), (iv), and for such services shall be deemed to be the officer in the Commissioned Corps of the (v). amount determined by multiplying— Public Health Service’’; and (b) SAVINGS PROVISION.—The amendments ‘‘(A) the average monthly number of hours (2) in subsection (b)— made by this section do not effect obliga- that the person provided the services, by (A) by striking out ‘‘and’’ at the end of tions under agreements entered into in ac- ‘‘(B) the minimum wage determined in ac- paragraph (2); cordance with section 1151 of title 10, United cordance with section 6(a)(1) of the Fair

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6333 Labor Standards Act of 1938 (29 U.S.C. (1) in paragraph (1), by striking out ‘‘sub- ciency shall be paid by the Director or em- 206(a)(1)). section (f)’’ and inserting in lieu thereof ployee. The participation or benefits avail- ‘‘(e) REIMBURSEMENT OF INCIDENTAL EX- ‘‘paragraph (2)’’; able to a Director or employee who fails to PENSES.—The Chairman of the Retirement (2) by redesignating paragraph (2) as para- pay a deficiency promptly shall be restricted Board or the Director of the establishment graph (4); and in accordance with regulations which the Di- accepting services under subsection (a) may (3) by adding after paragraph (1) the fol- rector of the Office of Personnel Manage- provide for reimbursement of a person for in- lowing new paragraphs: ment shall prescribe. cidental expenses incurred by the person in ‘‘(2)(A) In the case of a member of a board ‘‘(4) In this section, the term ‘retired or re- providing the services accepted under sub- who is appointed or designated under sub- tainer pay’ has the meaning given such term section (a). The Chairman or Director shall section (b) or (c) on the basis of a particular in section 5531 of title 5, United States determine which expenses qualify for reim- status described in a paragraph under that Code.’’. bursement under this subsection.’’. subsection, the appointment or designation (2) Section 1516(f) (24 U.S.C. 416(f)) is (b) FEDERAL STATUS OF RESIDENTS PAID of that member terminates on the date on amended— FOR PART-TIME OR INTERMITTENT SERVICES.— which the member ceases to hold that sta- (A) by inserting ‘‘(1)’’ after ‘‘(f) ANNUAL Paragraph (2) of section 1521(b) (24 U.S.C. tus. The preceding sentence applies only to REPORT.—’’; and 421(b)) is amended to read as follows: members of the Armed Forces on active duty (B) by adding at the end the following: ‘‘(2) being an employee of the United and employees of the United States. ‘‘(2) In addition to other matters covered States for any purpose other than— ‘‘(B) Paragraph (1) does not apply with re- by the annual report for a fiscal year, the an- ‘‘(A) subchapter I of chapter 81 of title 5, spect to an appointment or designation of a nual report shall identify each Director or United States Code (relating to compensa- member of a board for a term of less than employee, if any, whose pay was reduced for tion for work-related injuries); and five years that is made in accordance with any period during that fiscal year pursuant ‘‘(B) chapter 171 of title 28, United States subsection (f). to an exercise of the waiver authority under Code (relating to claims for damages or ‘‘(3) A member of the Retirement Home section 1517(f), and shall include a discussion loss).’’. Board and a member of a Local Board may that demonstrates that the unreduced rate SEC. 583. DISPOSAL OF REAL PROPERTY. be reappointed for one consecutive term by of pay established for the position of that Di- the Chairman of that board.’’. (a) DISPOSAL AUTHORIZED.—Notwith- rector or employee is comparable to the pre- (b) DUAL COMPENSATION.—(1) Section 1517 standing title II the Federal Property and vailing rates of pay provided for personnel in (24 U.S.C. 417) is amended— Administrative Services Act of 1949 (40 the retirement home industry who perform (A) by redesignating subsection (f) as sub- U.S.C. 481 et seq.), title VIII of such Act (40 functions similar to those performed by the section (g); and U.S.C. 531 et seq.), section 501 of the Stewart Director or employee.’’. (B) by inserting after subsection (e) the fol- B. McKinney Homeless Assistance Act (42 (3) Subsection (f) of section 1517 (as added lowing new subsection (f): by paragraph (1)(B)) and subsection (f)(2) of U.S.C. 11411), or any other provision of law ‘‘(f) DUAL COMPENSATION.—(1) The Retire- section 1516 (as added by paragraph (2)(B)) relating to the management and disposal of ment Home Board may waive the application shall apply with respect to pay periods be- real property by the United States, but sub- of section 5532 of title 5, United States Code, ginning on or after January 1, 1997. ject to subsection (d), the Retirement Home to the Director of an establishment of the Board may, by sale or otherwise, convey all Retirement Home or any employee of the Re- SEC. 585. FEES FOR RESIDENTS. right, title, and interest of the United States tirement Home (to the extent that such sec- (a) ONE-YEAR DELAY IN IMPLEMENTATION OF in a parcel of real property, including im- tion would otherwise apply to the Director NEW FEE STRUCTURE.—(1) Subsection (d)(2) of provements thereof, consisting of approxi- or employee by reason of the employment as section 371 of the National Defense Author- mately 49 acres located in Washington, Dis- Director or employee). The Chairman of the ization Act for Fiscal Year 1995 (Public Law trict of Columbia, east of North Capitol Board shall notify the Secretary of the 103–337; 108 Stat. 2735; 24 U.S.C. 414 note) is Street, and recorded as District Parcel 121/19. Treasury of any waiver exercised under the amended by striking out ‘‘October 1, 1997’’ (b) MANNER, TERMS, AND CONDITIONS OF preceding sentence and the effective date of and inserting in lieu thereof ‘‘October 1, DISPOSAL.—The Retirement Home may de- the waiver. 1998’’. termine— ‘‘(2) If the application of section 5532 of (2) Subsection (b)(2)(B) of such section is (1) the manner for the disposal of the real title 5, United States Code, to a Director or amended by striking out ‘‘1998’’, ‘‘1999’’, and property under subsection (a); and employee is waived under paragraph (1), the ‘‘2000’’ in paragraphs (1) and (2) of the sub- (2) the terms and conditions for the con- rate of pay payable out of the Retirement section (d) that is set forth in such sub- veyance of that property, including any Home Trust Fund for the Director or em- section (b)(2)(B) as an amendment to section terms and conditions that the Board con- ployee shall be the amount equal to the ex- 1514 of the Armed Forces Retirement Home siders necessary to protect the interests of cess, if any, of the periodic rate of pay fixed Act of 1991 and inserting in lieu thereof the United States. for the position of the Director or employee ‘‘1999’’, ‘‘2000’’, and ‘‘2001’’, respectively. (c) DESCRIPTION OF PROPERTY.—The exact over the amount by which the retired or re- (b) REPORT ON FUNDING THE ARMED FORCES acreage and legal description of the real tainer pay payable to the Director or em- RETIREMENT HOME.—(1) Not later than March property to be conveyed under subsection (a) ployee would have been reduced (computed 3, 1997, the Secretary of Defense shall submit shall be determined by a survey satisfactory on the basis of that periodic rate of pay for to Congress a report on meeting the funding to the Board. The cost of the survey shall be that position) if section 5532 of title 5, United needs of the Armed Forces Retirement Home borne by the party or parties to which the States Code, had not been waived. in a manner that is fair and equitable to the property is to be conveyed. ‘‘(3)(A) In the case of a Director or em- residents and to the members of the Armed (d) CONGRESSIONAL NOTIFICATION.—(1) Be- ployee paid at a rate of pay that is reduced Forces who provide required monthly con- fore disposing of real property under sub- under paragraph (2), the amounts deducted tributions for the home. section (a), the Board shall notify the Com- and withheld from pay for purposes of chap- (2) The report shall include the following: mittee on Armed Services of the Senate and ter 81, subchapter III of chapter 83, chapter (A) The increment between levels of in- the Committee on National Security of the 84, chapter 87, or chapter 89 of title 5, United come of a resident of the Armed Forces Re- House of Representatives of the proposed dis- States Code, all agency contributions re- tirement Home that is appropriate for apply- posal. The Board may not dispose of the real quired under such provisions of law, the ing the next higher monthly fee to a resident property until the later of— maximum amount of contributions that may under a monthly fee structure for the resi- (A) the date that is 60 days after the date be made to the Thrift Saving Fund under dents of the home. on which the notification is received by the subchapter III of chapter 84 of title 5, United (B) The categories of income and disability committees; or States Code, the rate of disability compensa- payments that should generally be consid- (B) the date of the next day following the tion payable under subchapter I of chapter 81 ered as monthly income for the purpose of expiration of the first period of 30 days of of such title, the levels of life insurance cov- determining the fee applicable to a resident continuous session of Congress that follows erage provided under chapter 87 of such title, and the conditions under which each such the date on which the notification is re- and the amounts of annuities under sub- category should be considered as monthly in- ceived by the committees. chapter III of chapter 83 of such title and come for such purpose. (2) For the purposes of paragraph (1)— subchapter II of chapter 84 of such title shall (C) The degree of flexibility that should be (A) continuity of session is broken only by be computed as if the Director or employee provided the Armed Forces Retirement an adjournment of Congress sine die; and were paid the full rate of pay fixed for the Home Board for the setting of fees for resi- (B) the days on which either House is not position of the Director or employee for the dents. in session because of an adjournment of more period for which the Director was paid at the (D) A discussion of whether the Armed than three days to a day certain are excluded reduced rate of pay under that paragraph. Forces Retirement Home Board has and in the computation of any period of time in ‘‘(B) If the amount payable to a Director or should have authority to vary the fee which Congress is in continuous session. employee under paragraph (2) is less than the charged a resident under exceptional cir- SEC. 584. MATTERS CONCERNING PERSONNEL. total amount required to be deducted and cumstances, together with any recommended (a) TERMS OF APPOINTMENT TO GOVERNING withheld from the pay of the Director or em- legislation regarding such an authority. BOARDS.—Section 1515(e) (24 U.S.C. 415(e)) is ployee under a provision of law referred to in (E) A discussion of how to ensure fairness amended— subparagraph (A), the amount of the defi- and equitable treatment of residents and of

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6334 CONGRESSIONAL RECORD — SENATE June 18, 1996 warrant officers and enlisted members of the 37, United States Code, is amended by strik- S. 1745 Armed Forces in meeting the funding needs ing out the second sentence. Subtitle B—Bonuses and Special and of the Armed Forces Retirement Home. (b) ENTITLEMENT OF CERTAIN SINGLE MEM- Incentive Pays (F) The advisability of exercising existing BERS IN GRADE E–5.—Section 403(c)(2) of such authority to increase the amount deducted SEC. 611. EXTENSION OF CERTAIN BONUSES FOR title, as amended by subsection (a), is fur- RESERVE FORCES. from the pay of warrant officers and enlisted ther amended by adding at the end the fol- (a) SPECIAL PAY FOR CRITICALLY SHORT personnel for the Armed Forces Retirement lowing: ‘‘However, the Secretary concerned WARTIME HEALTH SPECIALISTS IN THE SE- Home under section 1007(i) of title 37, United may authorize payment of the basic allow- LECTED RESERVES.—Section 302g(f) of title 37, States Code. ance for quarters to members of a uniformed (G) Options for ways to meet the funding United States Code, is amended by striking service without dependents who are in pay out ‘‘September 30, 1997’’ and inserting in needs of the Armed Forces Retirement Home grade E–5, are on sea duty, and are not pro- without increasing the amount deducted lieu thereof ‘‘September 30, 1998’’. vided Government quarters ashore.’’. (b) SELECTED RESERVE REENLISTMENT from pay under section 1007(i) of title 37, (c) ENTITLEMENT WHEN BOTH SPOUSES IN United States Code. BONUS.—Section 308b(f) of title 37, United GRADES BELOW GRADE E–6 ARE ASSIGNED TO States Code, is amended by striking out (H) Any other matters that the Secretary SEA DUTY.—Section 403(c)(2) of such title, as of Defense, after the consultation required ‘‘September 30, 1997’’ and inserting in lieu amended by subsections (a) and (b), is fur- thereof ‘‘September 30, 1998’’. by paragraph (3), considers appropriate re- ther amended— garding funding of the Armed Forces Retire- (c) SELECTED RESERVE ENLISTMENT (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and BONUS.—Section 308c(e) of title 37, United ment Home. (2) by adding at the end the following: (3) The Secretary shall consult the Armed States Code, is amended by striking out ‘‘Notwithstanding section 421 of this title, Forces Retirement Home Board and the sec- ‘‘September 30, 1997’’ and inserting in lieu two members of the uniformed services in retaries of the military departments in pre- thereof ‘‘September 30, 1998’’. pay grades below E–6 who are married to paring the report under this subsection. (d) SPECIAL PAY FOR ENLISTED MEMBERS OF each other, have no dependent other than THE SELECTED RESERVE ASSIGNED TO CERTAIN SEC. 586. AUTHORIZATION OF APPROPRIATIONS. the spouse, and are simultaneously assigned There is hereby authorized to be appro- HIGH PRIORITY UNITS.—Section 308d(c) of to sea duty on ships are jointly entitled to priated for fiscal year 1997 from the Armed title 37, United States Code, is amended by one basic allowance for quarters at the rate Forces Retirement Home Trust Fund the striking out ‘‘September 30, 1997’’ and insert- provided for members with dependents in the sum of $57,345,000 for the operation of the ing in lieu thereof ‘‘September 30, 1998’’. Armed Forces Retirement Home. highest pay grade in which either spouse is (e) SELECTED RESERVE AFFILIATION serving.’’. TITLE VI—COMPENSATION AND OTHER BONUS.—Section 308e(e) of title 37, United (d) EFFECTIVE DATE.—The amendments PERSONNEL BENEFITS States Code, is amended by striking out made by subsections (a), (b), and (c) shall ‘‘September 30, 1997’’ and inserting in lieu Subtitle A—Pay and Allowances take effect on October 1, 1996. thereof ‘‘September 30, 1998’’. SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR SEC. 605. UNIFORM APPLICABILITY OF DISCRE- (f) READY RESERVE ENLISTMENT AND REEN- 1997. TION TO DENY AN ELECTION NOT TO LISTMENT BONUS.—Section 308h(g) of title 37, (a) WAIVER OF SECTION 1009 ADJUSTMENT.— OCCUPY GOVERNMENT QUARTERS. United States Code, is amended by striking Any adjustment required by section 1009 of out ‘‘September 30, 1997’’ and inserting in title 37, United States Code, in elements of Section 403(b)(3) of title 37, United States lieu thereof ‘‘September 30, 1998’’. compensation of members of the uniformed Code, is amended by striking out ‘‘A mem- (g) PRIOR SERVICE ENLISTMENT BONUS.— services to become effective during fiscal ber’’ and inserting in lieu thereof ‘‘Subject Section 308i(i) of title 37, United States Code, year 1997 shall not be made. to the provisions of subsection (j), a mem- (b) INCREASE IN BASIC PAY AND BAS.—Ef- ber’’. is amended by striking out ‘‘September 30, fective January 1, 1997, the rates of basic pay SEC. 606. FAMILY SEPARATION ALLOWANCE FOR 1997’’ and inserting in lieu thereof ‘‘Sep- and basic allowance for subsistence of mem- MEMBERS SEPARATED BY MILITARY tember 30, 1998’’. bers of the uniformed services are increased ORDERS FROM SPOUSES WHO ARE SEC. 612. EXTENSION OF CERTAIN BONUSES AND by 3.0 percent. MEMBERS. SPECIAL PAY FOR NURSE OFFICER (c) INCREASE IN BAQ.—Effective January 1, Section 427(b) of title 37, United States CANDIDATES, REGISTERED NURSES, 1997, the rates of basic allowance for quarters Code, is amended— AND NURSE ANESTHETISTS. of members of the uniformed services are in- (1) in paragraph (1)— (a) NURSE OFFICER CANDIDATE ACCESSION creased by 4.0 percent. (A) by striking out ‘‘or’’ at the end of sub- PROGRAM.—Section 2130a(a)(1) of title 10, SEC. 602. RATE OF CADET AND MIDSHIPMAN PAY. paragraph (B); United States Code, is amended by striking Section 203(c) of title 37, United States (B) by striking out the period at the end of out ‘‘September 30, 1997’’ and inserting in Code, is amended— subparagraph (C) and inserting in lieu there- lieu thereof ‘‘September 30, 1998’’. (1) by striking out paragraph (2); and of ‘‘; or’’; and (b) ACCESSION BONUS FOR REGISTERED (2) in paragraph (1), by striking out ‘‘(1)’’. (C) by adding at the end the following: NURSES.—Section 302d(a)(1) of title 37, SEC. 603. PAY OF SENIOR NONCOMMISSIONED ‘‘(D) the member is married to a member of United States Code, is amended by striking OFFICERS WHILE HOSPITALIZED. a uniformed service, the member has no de- out ‘‘September 30, 1997’’ and inserting in (a) IN GENERAL.—Section 210 of title 37, pendent other than the spouse, the two mem- lieu thereof ‘‘September 30, 1998’’. United States Code, is amended— bers are separated by reason of the execution (c) INCENTIVE SPECIAL PAY FOR NURSE AN- (1) by redesignating subsection (b) as sub- of military orders, and the two members ESTHETISTS.—Section 302e(a)(1) of title 37, section (c); and were residing together immediately before United States Code, is amended by striking (2) by inserting after subsection (a) the fol- being separated by reason of execution of out ‘‘September 30, 1997’’ and inserting in lowing new subsection (b): military orders.’’; and lieu thereof ‘‘September 30, 1998’’. ‘‘(b) A senior enlisted member of an armed (2) by adding at the end the following: SEC. 613. EXTENSION OF AUTHORITY RELATING force shall continue to be entitled to the rate ‘‘(5) Section 421 of this title does not apply TO PAYMENT OF OTHER BONUSES AND SPECIAL PAYS. of basic pay authorized for the senior en- to bar an entitlement to an allowance under listed member of that armed force while the paragraph (1)(D). However, not more than (a) AVIATION OFFICER RETENTION BONUS.— member is hospitalized, beginning on the day one monthly allowance may be paid with re- Section 301b(a) of title 37, United States of the hospitalization and ending on the day spect to a married couple under paragraph Code, is amended by striking out ‘‘Sep- the member is discharged from the hospital, (1)(D) for any month.’’. tember 30, 1997’’ and inserting in lieu thereof but not for more than 180 days.’’. ‘‘September 30, 1998,’’. (b) CLERICAL AMENDMENTS.—(1) The head- SEC. 607. WAIVER OF TIME LIMITATIONS FOR (b) REENLISTMENT BONUS FOR ACTIVE MEM- CLAIM FOR PAY AND ALLOWANCES. ing of such section is amended to read as fol- BERS.—Section 308(g) of title 37, United lows: Section 3702 of title 31, United States Code, States Code, is amended by striking out ‘‘§ 210. Pay of the senior noncommissioned of- is amended by adding at the end the fol- ‘‘September 30, 1997’’ and inserting in lieu ficer of an armed force during terminal lowing: thereof ‘‘September 30, 1998’’. leave and while hospitalized’’. ‘‘(e)(1) Upon the request of the Secretary (c) ENLISTMENT BONUSES FOR CRITICAL (2) The item relating to such section in the concerned (as defined in section 101 of title SKILLS.—Sections 308a(c) and 308f(c) of title table of sections at the beginning of chapter 37), the Comptroller General may waive the 37, United States Code, are each amended by 3 of title 10, United States Code, is amended time limitations set forth in subsection (b) striking out ‘‘September 30, 1997’’ and insert- to read as follows: or (c) in the case of a claim for pay or allow- ing in lieu thereof ‘‘September 30, 1998’’. ‘‘210. Pay of the senior noncommissioned of- ances provided under title 37 and, subject to (d) SPECIAL PAY FOR NUCLEAR QUALIFIED ficer of an armed force during paragraph (2), settle the claim. OFFICERS EXTENDING PERIOD OF ACTIVE SERV- terminal leave and while hos- ‘‘(2) Payment of a claim settled under ICE.—Section 312(e) of title 37, United States pitalized.’’. paragraph (1) shall be subject to the avail- Code, is amended by striking out ‘‘Sep- SEC. 604. BASIC ALLOWANCE FOR QUARTERS FOR ability of appropriations for payment of that tember 30, 1997’’ and inserting in lieu thereof MEMBERS ASSIGNED TO SEA DUTY. particular claim. ‘‘September 30, 1998’’. (a) ENTITLEMENT OF SINGLE MEMBERS ‘‘(3) This subsection does not apply to a (e) NUCLEAR CAREER ACCESSION BONUS.— ABOVE GRADE E–5.—Section 403(c)(2) of title claim in excess of $25,000.’’. Section 312b(c) of title 37, United States

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6335 Code, is amended by striking out ‘‘Sep- SEC. 617. FOREIGN LANGUAGE PROFICIENCY PAY cost of the storage of the vehicle, and costs tember 30, 1997’’ and inserting in lieu thereof FOR PUBLIC HEALTH SERVICE AND associated with the delivery of the vehicle NATIONAL OCEANIC AND ATMOS- ‘‘September 30, 1998’’. for storage and removal of the vehicle for de- PHERIC ADMINISTRATION OFFI- livery from storage shall be paid by the CERS. (f) NUCLEAR CAREER ANNUAL INCENTIVE United States. Costs paid under this sub- BONUS.—Section 312c(d) of title 37, United (a) ELIGIBILITY.—Section 316 of title 37, section may not exceed reasonable amounts, States Code, is amended by striking out ‘‘Oc- United States Code, is amended in subsection as determined under regulations prescribed tober 1, 1997’’ and inserting in lieu thereof (a)— by the Secretary of Defense (and the Sec- (1) in the matter preceding paragraph (1), ‘‘October 1, 1998’’. retary of Transportation with respect to the by striking out ‘‘armed forces’’ and inserting Coast Guard when it is not operating as a (g) REPAYMENT OF EDUCATION LOANS FOR in lieu thereof ‘‘uniformed services’’; service in the Navy).’’. CERTAIN HEALTH PROFESSIONALS WHO SERVE (2) in paragraph (2)— (b) UNACCOMPANIED TOURS.—Subsection IN THE SELECTED RESERVE.—Section 16302(d) (A) by striking out ‘‘Secretary of Defense’’ (h)(1)(B) of section 406 of title 37, United of title 10, United States Code, is amended by and inserting in lieu thereof ‘‘Secretary con- States Code, is amended to read as follows: striking out ‘‘October 1, 1997’’ and inserting cerned’’; and ‘‘(B) in the case of a member described in in lieu thereof ‘‘October 1, 1998’’. (B) by inserting ‘‘or public health’’ after paragraph (2)(A), authorize the transpor- ‘‘national defense’’; and tation of one motor vehicle that is owned by SEC. 614. INCREASED SPECIAL PAY FOR DENTAL (3) in paragraph (3)— the member (or a dependent of a member) OFFICERS OF THE ARMED FORCES. (A) in subparagraph (A), by striking out and is for his dependent’s personal use to (a) INCREASED RATES.—Section 302b(a) of ‘‘military’’ and inserting in lieu thereof that location by means of transportation au- title 37, United States Code, is amended— ‘‘uniformed services’’; thorized under section 2634 of title 10, or au- (1) in paragraph (2)— (B) in subparagraph (C), by striking out thorize storage of such motor vehicle if the (A) in subparagraph (A), by striking out ‘‘military’’; and storage of the motor vehicle is otherwise au- ‘‘$1,200’’ and inserting in lieu thereof (C) in subparagraph (D)— thorized under that section.’’. ‘‘$3,000’’; (i) by striking out ‘‘Department of De- (c) EFFECTIVE DATE.—The amendments (B) in subparagraph (B), by striking out fense’’ and inserting in lieu thereof ‘‘uni- made by this section shall take effect on Oc- ‘‘$2,000’’ and inserting in lieu thereof formed service’’; and tober 1, 1996. ‘‘$7,000’’; and (ii) by striking out ‘‘Secretary of Defense’’ SEC. 623. DEFERRAL OF TRAVEL WITH TRAVEL (C) in subparagraph (C), by striking out and inserting in lieu thereof ‘‘Secretary con- AND TRANSPORTATION ALLOW- cerned’’. ANCES IN CONNECTION WITH LEAVE ‘‘$4,000’’ and inserting in lieu thereof BETWEEN CONSECUTIVE OVERSEAS ‘‘$7,000’’; (b) ADMINISTRATION.—Subsection (d) of such section is amended— TOURS. (2) in paragraph (4), by redesignating sub- (a) AUTHORITY FOR ADDITIONAL DEFERRAL paragraphs (A), (B), and (C) as subparagraphs (1) by striking out ‘‘his jurisdiction and’’ and inserting in lieu thereof ‘‘the Secretary’s OF TRAVEL.—Section 411b(a)(2) of title 37, (B), (C), and (D), respectively, and by insert- United States Code, is amended by adding at jurisdiction,’’; and ing before subparagraph (B), as so redesig- the end the following: ‘‘A member may defer (2) by inserting before the period at the end nated, the following new subparagraph (A): the travel for one additional year if, due to ‘‘, by the Secretary of Health and Human ‘‘(A) $4,000 per year, if the officer has less participation in a contingency operation, the Services for the Commissioned Corps of the than three years of creditable service.’’; and member is unable to commence the travel Public Health Service, and by the Secretary (3) in paragraph (5)— within the one-year period provided for of Commerce for the National Oceanic and (A) in subparagraph (A)— under the preceding sentence.’’. Atmospheric Administration’’. (i) by striking out ‘‘$2,000’’ and inserting in (b) EFFECTIVE DATE.—The amendment lieu thereof ‘‘$2,500’’; and (c) EFFECTIVE DATE.—The amendments made by subsection shall (a) take effect as of (ii) by striking out ‘‘12 years’’ and insert- made by subsections (a) and (b) shall take ef- November 1, 1995, and shall apply with re- ing in lieu thereof ‘‘10 years’’; fect on October 1, 1996, and apply with re- spect to members of the uniformed services (B) in subparagraph (B)— spect to months beginning on or after such who, on or after that date, participate in (i) by striking out ‘‘$3,000’’ and inserting in date. critical operational missions, as determined lieu thereof ‘‘$3,500’’; and Subtitle C—Travel and Transportation under the third sentence of section 411b(a)(2) (ii) by striking out ‘‘12 but less than 14 Allowances of title 37, United States Code (as added by years’’ and inserting in lieu thereof ‘‘10 but SEC. 621. ROUND TRIP TRAVEL ALLOWANCES subsection (a)). less than 12 years’’; and FOR SHIPPING MOTOR VEHICLES AT SEC. 624. FUNDING FOR TRANSPORTATION OF (C) in subparagraph (C), by striking out ‘‘14 GOVERNMENT EXPENSE. HOUSEHOLD EFFECTS OF PUBLIC or more years’’ and inserting in lieu thereof (a) IN GENERAL.—Section 406(b)(1)(B) of HEALTH SERVICE OFFICERS. ‘‘12 or more years’’. title 37, United States Code, is amended as Section 406(j)(1) of title 37, United States follows— Code, is amended in the first sentence— (b) EFFECTIVE DATE.—The amendments (1) in clause (i)(I), by inserting ‘‘, including (1) by inserting ‘‘, and appropriations made by subsection (a) shall take effect on return travel to the old duty station,’’ after available to the Department of Health and October 1, 1996. ‘‘nearest the old duty station’’; and Human Services for providing transportation of household effects of members of the Com- SEC. 615. RETENTION SPECIAL PAY FOR PUBLIC (2) in clause (ii), by inserting ‘‘, including HEALTH SERVICE OPTOMETRISTS. travel from the new duty station to the port missioned Corps of the Public Health Service of debarkation to pick up the vehicle’’ after under subsection (b),’’ after ‘‘members of the Section 302a(b) of title 37, United States ‘‘to the new duty station’’. armed forces under subsection (b)’’; and Code, is amended— (b) EFFECTIVE DATE.—The amendments (2) by striking out ‘‘of the military depart- (1) in paragraph (2)— made by subsection (a) shall take effect on ment’’. (A) by striking out ‘‘an armed force’’ in the April 1, 1997. Subtitle D—Retired Pay, Survivor Benefits, matter preceding subparagraph (A) and in- SEC. 622. OPTION TO STORE INSTEAD OF TRANS- and Related Matters serting in lieu thereof ‘‘a uniformed serv- PORT A PRIVATELY OWNED VEHICLE SEC. 631. EFFECTIVE DATE FOR MILITARY RE- ice’’; and AT THE EXPENSE OF THE UNITED TIREE COST-OF-LIVING ADJUST- (B) by striking out ‘‘of the military depart- STATES. MENT FOR FISCAL YEAR 1998. ment’’ in subparagraph (C); and (a) IN GENERAL.—Section 2634 of title 10, (a) REPEAL OF ADJUSTMENT OF EFFECTIVE (2) in paragraph (4), by striking out ‘‘of the United States Code, is amended— DATE FOR FISCAL YEAR 1998.—Section military department’’. (1) by redesignating subsection (b) as sub- 1401a(b)(2)(B) of title 10, United States Code, section (g); is amended— SEC. 616. SPECIAL PAY FOR NONPHYSICIAN (2) by transferring subsection (g), as so re- HEALTH CARE PROVIDERS IN THE (1) by striking out ‘‘(B) SPECIAL RULES’’ PUBLIC HEALTH SERVICE. designated, to the end of such section; and and all that follows through ‘‘In the case of’’ (3) by inserting after subsection (a) the fol- in clause (i) and inserting in lieu thereof ‘‘(B) Section 302c(d) of title 37, United States lowing new subsection (b): SPECIAL RULE FOR FISCAL YEAR 1996.—In the Code, is amended— ‘‘(b) When a member is ordered to make a case of’’; and (1) in the matter preceding paragraph (1), change of permanent station to a foreign (2) by striking out clause (ii). by striking out ‘‘Secretary of Defense’’ and country and the member is authorized under (b) REPEAL OF CONTINGENT ALTERNATIVE inserting in lieu thereof ‘‘Secretary con- subsection (a) to have a vehicle transported DATE FOR FISCAL YEAR 1998.—Section 631 of cerned’’; and under that subsection, the Secretary may the National Defense Authorization Act for (2) in paragraph (1)— authorize the member to store the vehicle Fiscal Year 1996 (Public Law 104–106; 110 (A) by striking out ‘‘or’’ the third place it (instead of having it transported) if restric- Stat. 364) is amended by striking out sub- appears; and tions imposed by the foreign country or the section (b). (B) by inserting before the period at the United States preclude entry of the vehicle SEC. 632. ALLOTMENT OF RETIRED OR RETAINER end the following: ‘‘, or an officer in the Reg- into that country or require extensive modi- PAY. ular or Reserve Corps of the Public Health fication of the vehicle as a condition for (a) AUTHORITY.—(1) Part II of subtitle A of Service’’. entry of the vehicle into the country. The title 10, United States Code, is amended by

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6336 CONGRESSIONAL RECORD — SENATE June 18, 1996 inserting after chapter 71 the following new SEC. 634. ANNUITIES FOR CERTAIN MILITARY State or local law to place children for adop- chapter: SURVIVING SPOUSES. tion, or by any other source if the adoption (a) SURVIVOR ANNUITY.—(1) The Secretary ‘‘CHAPTER 72—MISCELLANEOUS RETIRED is supervised by a court under State or local concerned shall pay an annuity to the quali- AND RETAINER PAY AUTHORITIES law’’. fied surviving spouse of each member of the (b) COAST GUARD.—Section 514(g)(1) of title ‘‘Sec. uniformed services who— 14, United States Code, is amended by strik- ‘‘1421. Allotments. (A) died before March 21, 1974, and was en- ing out ‘‘adoption or by a nonprofit, vol- ‘‘§ 1421. Allotments titled to retired or retainer pay on the date untary adoption agency which is authorized ‘‘(a) AUTHORITY.—Subject to such condi- of death; or by State or local law to place children for tions and restrictions as may be provided in (B) was a member of a reserve component adoption’’ and inserting in lieu thereof regulations prescribed under subsection (b), of the Armed Forces during the period begin- ‘‘adoption, by a nonprofit, voluntary adop- a member or former member of the armed ning on September 21, 1972, and ending on tion agency which is authorized by State or forces entitled to retired or retainer pay may October 1, 1978, and at the time of his death local law to place children for adoption, or transfer or assign the member or former would have been entitled to retired pay by any other source if the adoption is super- member’s retired or retainer pay account under chapter 67 of title 10, United States vised by a court under State or local law’’. when due and payable. Code (as in effect before December 1, 1994), SEC. 642. WAIVER OF RECOUPMENT OF AMOUNTS ‘‘(b) REGULATIONS.—The Secretaries of the but for the fact that he was under 60 years of WITHHELD FOR TAX PURPOSES military departments and the Secretary of age. FROM CERTAIN SEPARATION PAY Transportation (with respect to the Coast (2) A qualified surviving spouse for pur- RECEIVED BY INVOLUNTARILY SEP- Guard when it is not operating as a service poses of this section is a surviving spouse ARATED MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES. in the Navy) shall prescribe uniform regula- who has not remarried and who is not eligi- (a) IN GENERAL.—Section 1174(h) of title 10, tions for the administration of subsection ble for an annuity under section 4 of Public United States Code, is amended— (a).’’. Law 92–425 (10 U.S.C. 1448 note). (1) in paragraph (1), by inserting ‘‘(less the (2) The tables of chapters at the beginning (b) AMOUNT OF ANNUITY.—(1) An annuity amount of Federal income tax withheld from of subtitle A of such title and the beginning under this section shall be paid at the rate of such pay)’’ before the period at the end; and of part II of such subtitle are amended by in- $165 per month, as adjusted from time to (2) in paragraph (2), by inserting ‘‘(less the serting after the item relating to chapter 71 time under paragraph (3). amount of Federal income tax withheld from the following: (2) An annuity paid to a surviving spouse under this section shall be reduced by the such pay)’’ before the period at the end of ‘‘72. Miscellaneous retired and re- amount of any dependency and indemnity the first sentence. tainer pay authorities ...... 1421’’. compensation (DIC) to which the surviving (b) EFFECTIVE DATE.—The amendments (b) IMPLEMENTATION.—(1) Notwithstanding spouse is entitled under section 1311(a) of made by this section shall take effect on Oc- section 1421 of title 10, United States Code title 38, United States Code. tober 1, 1996, and shall apply to payments of (as added by subsection (a)), a person enti- (3) Whenever after the date of the enact- separation pay, severance pay, or readjust- tled to retired or retainer pay may not ini- ment of this Act retired or retainer pay is in- ment pay that are made after October 1, 1996. tiate a transfer or assignment of retired or creased under section 1401a(b)(2) of title 10, TITLE VII—HEALTH CARE PROVISIONS retainer pay under such section until regula- United States Code, each annuity that is SEC. 701. IMPLEMENTATION OF REQUIREMENT tions prescribed under subsection (b) of such payable under this section shall be increased FOR SELECTED RESERVE DENTAL section take effect. at the same time and by the same total per- INSURANCE PLAN. (2) The Secretaries of the military depart- cent. The amount of the increase shall be (a) IMPLEMENTATION BY CONTRACT.—Sec- ments and the Secretary of Transportation based on the amount of the monthly annuity tion 1076b(a) of title 10, United States Code, shall prescribe regulations under subsection payable before any reduction under this sec- is amended— (b) of such section that ensure that, begin- tion. (1) by inserting ‘‘(1)’’ after ‘‘(a) AUTHORITY ning not later than October 1, 1997, a person (c) APPLICATION REQUIRED.—No benefit TO ESTABLISH PLAN.—’’; may make up to six transfers or assignments shall be paid to any person under this sec- (2) by designating the third sentence as of the person’s retired or retainer pay ac- tion unless an application for such benefit is paragraph (3); and count when due and payable for payment of filed with the Secretary concerned by or on (3) by inserting after paragraph (1), as des- any financial obligations. behalf of such person. ignated by paragraph (1) of this subsection, SEC. 633. COST-OF-LIVING INCREASES IN SBP (d) DEFINITIONS.—For purposes of this sec- the following: CONTRIBUTIONS TO BE EFFECTIVE tion: ‘‘(2) The Secretary shall provide benefits CONCURRENTLY WITH PAYMENT OF (1) The terms ‘‘uniformed services’’ and under the plan through one or more con- RELATED RETIRED PAY COST-OF- ‘‘Secretary concerned’’ have the meanings LIVING INCREASES. tracts awarded after full and open competi- given such terms in section 101 of title 37, tion.’’. (a) SURVIVOR BENEFIT PLAN.—Section United States Code. (b) SCHEDULE FOR IMPLEMENTATION.—Sec- 1452(h) of title 10, United States Code, is (2) The term ‘‘surviving spouse’’ has the tion 705(b) of the National Defense Author- amended— meaning given the terms ‘‘widow’’ and ‘‘wid- ization Act for Fiscal Year 1996 (Public Law (1) by inserting ‘‘(1)’’ after ‘‘(h)’’; and ower’’ in paragraphs (3) and (4) of section 104–106; 110 Stat. 373; 10 U.S.C. 1076b note) is (2) by adding at the end the following new 1447 of title 10, United States Code. amended— subsection: (e) PROSPECTIVE APPLICABILITY.—(1) Annu- (1) by striking out ‘‘Beginning not later ‘‘(2)(A) Notwithstanding paragraph (1), ities under this section shall be paid for than October 1, 1996’’ in the first sentence when the initial payment of an increase in months beginning after the month in which and inserting in lieu thereof ‘‘During fiscal retired pay under section 1401a of this title this Act is enacted. year 1997’’; (or any other provision of law) to a person is (2) No benefit shall accrue to any person by (2) by striking out ‘‘fiscal year 1996’’ both later than the effective date of that increase reason of the enactment of this section for places it appears and inserting in lieu there- by reason of the application of subsection any period before the first month referred to of ‘‘fiscal years 1996 and 1997’’; and (b)(2)(B) of such section (or section 631(b) of in paragraph (1). (3) in the second sentence, by striking out Public Law 104–106 (110 Stat. 364)), then the SEC. 635. ADJUSTED ANNUAL INCOME LIMITA- ‘‘by that date’’ and inserting in lieu thereof amount of the reduction in the person’s re- TION APPLICABLE TO ELIGIBILITY ‘‘during fiscal year 1997’’. tired pay shall be effective on the date of FOR INCOME SUPPLEMENT FOR that initial payment of the increase in re- CERTAIN WIDOWS OF MEMBERS OF SEC. 702. DENTAL INSURANCE PLAN FOR MILI- tired pay rather than the effective date of THE UNIFORMED SERVICES. TARY RETIREES AND CERTAIN DE- PENDENTS. the increase in retired pay. Section 4 of Public Law 92–425 (10 U.S.C. (a) IN GENERAL.—(1) Chapter 55 of title 10, ‘‘(B) Subparagraph (A) may not be con- 1448 note) is amended by striking out United States Code, is amended by inserting strued as delaying, for purposes of deter- ‘‘$2,340’’ in subsection (a)(3) and in the first after section 1076b the following new section: mining the amount of a monthly annuity sentence of subsection (b) and inserting in under section 1451 of this title, the effective lieu thereof ‘‘$5,448’’. ‘‘§ 1076c. Military retirees’ dental insurance date of an increase in a base amount under Subtitle E—Other Matters plan subsection (h) of such section from the effec- SEC. 641. REIMBURSEMENT FOR ADOPTION EX- ‘‘(a) REQUIREMENT.—(1) The Secretary of tive date of an increase in retired pay under PENSES INCURRED IN ADOPTIONS Defense shall establish a dental insurance section 1401a of this title to the date on THROUGH PRIVATE PLACEMENTS. plan for— which the initial payment of that increase in (a) DEPARTMENT OF DEFENSE.—Section ‘‘(A) members and former members of the retired pay is made in accordance with sub- 1052(g)(1) of title 10, United States Code, is armed forces who are entitled to retired or section (b)(2)(B) of such section 1401a.’’. amended by striking out ‘‘adoption or by a retainer pay; (b) EFFECTIVE DATE.—The amendment nonprofit, voluntary adoption agency which ‘‘(B) members of the Retired Reserve who, made by subsection (a) shall take effect with is authorized by State or local law to place except for not having attained 60 years of respect to retired pay payable for months be- children for adoption’’ and inserting in lieu age, would be entitled to retired pay; and ginning on or after the date of the enact- thereof ‘‘adoption, by a nonprofit, voluntary ‘‘(C) eligible dependents of members and ment of this Act. adoption agency which is authorized by former members covered by the enrollment

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6337 of such members or former members in the SEC. 703. UNIFORM COMPOSITE HEALTH CARE (1) in the first sentence of paragraph (1), by plan. SYSTEM SOFTWARE. inserting ‘‘and a workers’ compensation pro- ‘‘(2) The dental insurance plan shall pro- (a) REQUIREMENT FOR USE OF UNIFORM gram or plan’’ before the period; and vide for voluntary enrollment of participants SOFTWARE.—The Secretary of Defense, in (2) in paragraph (2)— and shall authorize a member or former consultation with the other administering (A) by striking out ‘‘organization and’’ and member to enroll for self only or for self and Secretaries, shall take such action as is nec- inserting in lieu thereof a ‘‘organization,’’; eligible dependents. essary promptly— and ‘‘(3) The plan shall be administered under (1) to provide a uniform software package (B) by inserting ‘‘, and a personal injury regulations prescribed by the Secretary of for use by providers of health care under the protection plan or medical payments benefit Defense, in consultation with the Secretary TRICARE program and by military treat- plan for personal injuries resulting from the of Transportation. ment facilities for the computerized proc- operation of a motor vehicle’’ before the pe- ‘‘(b) PREMIUMS.—(1) Subject to paragraph essing of information; and riod. (2), a member or former member enrolled in (2) to require such providers to use the uni- (c) APPLICABILITY OF SECONDARY PAYER RE- the dental insurance plan shall pay the pre- form software package in connection with QUIREMENT.—Section 1079(j)(1) of such title is miums charged for the insurance coverage. providing health care under the TRICARE amended by inserting ‘‘, including any plan The amount of the premiums payable by a program or otherwise under chapter 55 of offered by a third party payer (as defined in member or former member entitled to re- title 10, United States Code. section 1095(h)(1) of this title),’’ after ‘‘or tired or retainer pay shall be deducted and (b) CONTENT OF UNIFORM SOFTWARE PACK- health plan’’. withheld from the retired or retainer pay AGE.—The uniform software package re- SEC. 706. CODIFICATION OF AUTHORITY TO and shall be disbursed to pay the premiums. quired to be used under subsection (a) shall, CREDIT CHAMPUS COLLECTIONS TO PROGRAM ACCOUNTS. The regulations prescribed under subsection at a minimum, provide for processing of the following information: (a) CREDITS TO CHAMPUS ACCOUNTS.— (a)(3) shall specify the procedures for pay- Chapter 55 of title 10, United States Code, is ment of the premiums by other enrolled (1) TRICARE program enrollment. (2) Determinations of eligibility for health amended by inserting after section 1079 the members and former members. following: ‘‘(2) The Secretary of Defense may provide care. ‘‘§ 1079a. Crediting of CHAMPUS collections for premium-sharing between the Depart- (3) Provider network information. to program accounts ment of Defense and the members and former (4) Eligibility of beneficiaries to receive members enrolled in the plan. health benefits from other sources. ‘‘All refunds and other amounts collected (5) Appointment scheduling. by or for the United States in the adminis- ‘‘(c) BENEFITS AVAILABLE UNDER PLAN.— (c) MODIFICATION OF CONTRACTS.—Notwith- The dental insurance plan established under tration of the Civilian Health and Medical standing any other provision of law, the Sec- Program of the Uniformed Services subsection (a) shall provide benefits for basic retary may modify any existing contract (CHAMPUS) shall be credited to the appro- dental care and treatment, including diag- with a health care provider under the priation available for that program for the nostic services, preventative services, basic TRICARE program as necessary to require fiscal year in which collected.’’. restorative services (including endodontics), the health care provider to use the uniform (b) CLERICAL AMENDMENT.—The table of surgical services, and emergency services. software package required under subsection sections at the beginning of such chapter is ‘‘(d) COVERAGE.—(1) The Secretary shall (a). amended by inserting after the item relating prescribe a minimum required period for en- (d) DEFINITIONS.—In this section: to section 1079 the following new item: rollment by a member or former member in (1) The term ‘‘administering Secretaries’’ ‘‘1079a. Crediting of CHAMPUS collections to the dental insurance plan established under has the meaning given such term in section program accounts.’’. subsection (a). 1072(3) of title 10, United States Code. SEC. 707. COMPTROLLER GENERAL REVIEW OF ‘‘(2) The Secretary shall terminate the en- (2) The term ‘‘military treatment facil- HEALTH CARE ACTIVITIES OF THE rollment in the plan of any member or ity’’— DEPARTMENT OF DEFENSE RELAT- former member, and any dependents covered (A) means a facility of the uniformed serv- ING TO PERSIAN GULF ILLNESSES. by the enrollment, upon the occurrence of ices in which health care is provided under (a) MEDICAL RESEARCH AND CLINICAL CARE one of the following events: chapter 55 of title 10, United States Codes; PROGRAMS.—The Comptroller General shall ‘‘(A) Termination of the member or former and analyze the effectiveness of the medical re- member’s entitlement to retired pay or re- (B) includes a facility deemed to be a facil- search programs and clinical care programs tainer pay. ity of the uniformed services by virtue of of the Department of Defense that relate to ‘‘(B) Termination of the member or former section 911(a) of the Military Construction illnesses that might have been contracted by member’s status as a member of the Retired Authorization Act, 1982 (42 U.S.C. 248c(a)). members of the Armed Forces as a result of Reserve. (3) The term ‘‘TRICARE program’’ means service in the Southwest Asia theater of op- ‘‘(e) CONTINUATION OF DEPENDENTS’ EN- the managed health care program that is es- erations during the Persian Gulf War. (b) EXPERIMENTAL DRUGS.—The Comp- ROLLMENT UPON DEATH OF ENROLLEE.—Cov- tablished by the Secretary of Defense under troller General shall analyze the scope and erage of a dependent under an enrollment of the authority of chapter 55 of title 10, United effectiveness of the policies of the Depart- a member or former member who dies during States Code, principally section 1097 of such ment of Defense with respect to the inves- the period of enrollment shall continue until title, and includes the competitive selection the end of that period, except that the cov- tigational use of drugs, the experimental use of contractors to financially underwrite the of drugs, and the use of drugs not approved erage may be terminated on any earlier date delivery of health care services under the Ci- when the premiums paid are no longer suffi- by the Food and Drug Administration to vilian Health and Medical Program of the treat illnesses referred to in subsection (a). cient to cover continuation of the enroll- Uniformed Services. ment. The Secretary shall prescribe in regu- (c) ADMINISTRATION OF MEDICAL RECORDS.— SEC. 704. CLARIFICATION OF APPLICABILITY OF The Comptroller General shall analyze the lations the parties responsible for paying the CHAMPUS PAYMENT RULES TO PRI- remaining premiums due on the enrollment administration of medical records by the VATE CHAMPUS PROVIDERS FOR military departments in order to assess the and the manner for collection of the pre- CARE PROVIDED TO ENROLLEES IN miums. HEALTH CARE PLANS OF UNI- extent to which such records accurately re- flect the pre-deployment medical assess- ‘‘(f) ELIGIBLE DEPENDENT DEFINED.—In this FORMED SERVICES TREATMENT FA- section, the term ‘eligible dependent’ means CILITIES. ments, immunization records, informed con- a dependent described in subparagraph (A), Section 1074(d)(1) of title 10, United States sent releases, complaints during routine sick (D), or (I) of section 1072(2) of this title.’’. Code, is amended— call, emergency room visits, visits with unit medics during deployment, and other rel- (2) The table of sections at the beginning of (1) by striking out ‘‘may require’’ and in- evant medical information relating to the such chapter is amended by inserting after serting in lieu thereof ‘‘shall require’’; members and former members referred to in the item relating to section 1076b the fol- (2) by striking out ‘‘member of the uni- subsection (a) with respect to the illnesses lowing new item: formed services’’ and inserting in lieu there- of ‘‘covered beneficiary’’; and referred to in that subsection. ‘‘1076c. Military retirees’ dental insurance (3) by striking out ‘‘when the health care’’ (d) REPORTS.—The Comptroller General plan.’’. and all that follows through ‘‘facility’’. shall submit to Congress a separate report (b) IMPLEMENTATION.—Beginning not later SEC. 705. ENHANCEMENT OF THIRD-PARTY COL- on each of the analyses required under sub- than October 1, 1997, the Secretary of De- LECTION AND SECONDARY PAYER sections (a), (b), and (c). The Comptroller fense shall offer members and former mem- AUTHORITIES UNDER CHAMPUS. General shall submit the reports not later bers of the Armed Forces referred to in sub- (a) RETENTION AND USE BY TREATMENT FA- than March 1, 1997. section (a)(1) of section 1076c of title 10, CILITIES OF AMOUNTS COLLECTED.—Sub- TITLE VIII—ACQUISITION POLICY, ACQUI- United States Code (as added by subsection section (g)(1) of section 1095 of title 10, SITION MANAGEMENT, AND RELATED (a)(1) of this section), the opportunity to en- United States Code, is amended by inserting MATTERS roll in the dental insurance plan required ‘‘or through’’ after ‘‘provided at’’. SEC. 801. PROCUREMENT TECHNICAL ASSIST- under such section and to receive the bene- (b) EXPANSION OF DEFINITION OF THIRD ANCE PROGRAMS. fits under the plan immediately upon enroll- PARTY PAYER.—Subsection (h) of such sec- (a) FUNDING.—Of the amount authorized to ment. tion is amended— be appropriated under section 301(5),

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$12,000,000 shall be available for carrying out ‘‘(b) ASSESSMENT PROCESS.—The Secretary logical and industrial capabilities and proc- the provisions of chapter 142 of title 10, of Defense shall ensure that technology and esses of the national technology and indus- United States Code. industrial capability assessments— trial base.’’. (b) SPECIFIC PROGRAMS.—Of the amounts ‘‘(1) describe sectors or capabilities, their (f) REPEAL OF REQUIREMENT TO COORDINATE made available pursuant to subsection (a), underlying infrastructure and processes; THE ENCOURAGEMENT OF TECHNOLOGY TRANS- $600,000 shall be available for fiscal year 1997 ‘‘(2) analyze present and projected finan- FER WITH THE COUNCIL.—Subsection 2514(c) of for the purpose of carrying out programs cial performance of industries supporting the title 10, United States Code, is amended by sponsored by eligible entities referred to in sectors or capabilities in the assessment; and striking out paragraph (5). subparagraph (D) of section 2411(1) of title 10, ‘‘(3) identify technological and industrial (g) CLERICAL AMENDMENTS.—The table of United States Code, that provide procure- capabilities and processes for which there is sections at the beginning of subchapter II of ment technical assistance in distressed areas potential for the national industrial and chapter 148 of title 10, United States Code, is referred to in subparagraph (B) of section technology base not to be able to support the amended— 2411(2) of such title. If there is an insufficient achievement of national security objectives. (1) by striking out the item relating to sec- number of satisfactory proposals for coopera- ‘‘(c) FOREIGN DEPENDENCY CONSIDER- tion 2506 and inserting in lieu thereof the fol- tive agreements in such distressed areas to ATIONS.—In the preparation of the periodic lowing: allow effective use of the funds made avail- assessments, the Secretary shall include con- ‘‘2506. Department of Defense technology and able in accordance with this subsection in siderations of foreign dependency. industrial base policy guid- such areas, the funds shall be allocated ‘‘(d) INTEGRATED PROCESS.—The Secretary ance.’’; among the Defense Contract Administration of Defense shall ensure that consideration of the technology and industrial base assess- and Services regions in accordance with section (2) by adding at the end the following: 2415 of such title. ments is integrated into the overall budget, ‘‘2508. Annual report to Congress.’’. SEC. 802. EXTENSION OF PILOT MENTOR-PRO- acquisition, and logistics support decision TEGE PROGRAM. processes of the Department of Defense.’’. (h) REPEAL OF SUPERSEDED AND EXECUTED Section 831(j) of the National Defense Au- (2) Section 2502(b) of title 10, United States LAW.—Sections 4218, 4219, and 4220 of the Na- thorization Act for Fiscal Year 1991 (10 Code, is amended— tional Defense Authorization Act for Fiscal U.S.C. 2302 note) is amended— (A) by striking out ‘‘the following respon- Year 1993 (Public Law 102–484; 10 U.S.C. 2505 (1) in paragraph (1), by striking out ‘‘1995’’ sibilities:’’ and all that follows through ‘‘ef- note and 2506 note) are repealed. and inserting in lieu thereof ‘‘1998’’; and fective cooperation’’ and inserting in lieu SEC. 805. PROCUREMENTS TO BE MADE FROM (2) in paragraph (2), by striking out ‘‘1996’’ thereof ‘‘the responsibility to ensure effec- SMALL ARMS INDUSTRIAL BASE FIRMS. and inserting in lieu thereof ‘‘1999’’. tive cooperation’’; and (B) by striking out paragraph (2); and (a) REQUIREMENT.—Chapter 146 of title 10, SEC. 803. MODIFICATION OF AUTHORITY TO United States Code, is amended by adding at CARRY OUT CERTAIN PROTOTYPE (3) by redesignating subparagraphs (A), (B), PROJECTS. and (C) as paragraphs (1), (2), and (3), respec- the end the following: (a) AUTHORIZED OFFICIALS.—(1) Subsection tively, and adjusting the margin of such ‘‘§ 2473. Procurements from the small arms in- (a) of section 845 of the National Defense Au- paragraphs two ems to the left. dustrial base thorization Act for Fiscal Year 1994 (107 Stat. (c) REPEAL OF REQUIREMENT FOR PERIODIC ‘‘(a) AUTHORITY TO DESIGNATE EXCLUSIVE 1547; 10 U.S.C. 2371 note) is amended by in- DEFENSE CAPABILITY PLAN.—Section 2506 of SOURCES.—To the extent that the Secretary serting ‘‘, the Secretary of a military depart- title 10, United States Code, is repealed. of Defense determines necessary to preserve (d) DEPARTMENT OF DEFENSE TECHNOLOGY ment, or any other official designated by the the part of the national technology and in- AND INDUSTRIAL BASE POLICY GUIDANCE.— Secretary of Defense’’ after ‘‘Agency’’. dustrial base that supplies property and Subchapter II of chapter 148 of title 10, (2) Subsection (b)(2) of such section is services described in subsection (b), the Sec- United States Code, is amended by inserting amended to read as follows: retary may require that the procurements of after section 2505 the following new section ‘‘(2) To the maximum extent practicable, such items for the Department of Defense be 2506: competitive procedures shall be used when made only from the firms listed in the plan entering into agreements to carry out ‘‘§ 2506. Department of Defense technology entitled ‘Preservation of Critical Elements projects under subsection (a).’’. and industrial base policy guidance of the Small Arms Industrial Base’, dated (b) EXTENSION OF AUTHORITY.—Subsection ‘‘(a) DEPARTMENTAL GUIDANCE.—The Sec- January 8, 1994, that was prepared by an (c) of such section is amended by striking retary of Defense shall prescribe depart- independent assessment panel of the Army out ‘‘terminate’’ and all that follows and in- mental guidance for the attainment of each Science Board. serting in lieu thereof ‘‘terminate at the end of the national security objectives set forth ‘‘(b) COVERED ITEMS.—The authority pro- of September 30, 2001.’’. in section 2501(a) of this title. Such guidance vided in subsection (a) applies to the fol- SEC. 804. REVISIONS TO THE PROGRAM FOR THE shall provide for technological and industrial lowing property and services: ASSESSMENT OF THE NATIONAL DE- capability considerations to be integrated ‘‘(1) Repair parts for small arms. FENSE TECHNOLOGY AND INDUS- into the budget allocation, weapons acquisi- ‘‘(2) Modifications of parts to improve TRIAL BASE. tion, and logistics support decision proc- small arms used by the armed forces. (a) NATIONAL DEFENSE PROGRAM FOR ANAL- esses. ‘‘(3) Overhaul of unserviceable small arms YSIS OF THE TECHNOLOGY AND INDUSTRIAL ‘‘(b) REPORT TO CONGRESS.—The Secretary of the armed forces.’’. BASE.—Section 2503 of title 10, United States of Defense shall report on the implementa- (b) CLERICAL AMENDMENT.—The table of Code, is amended— tion of the departmental guidance in the an- sections at the beginning of such chapter is (1) in subsection (a)— nual report to Congress submitted pursuant amended by adding at the end the following: (A) by striking out ‘‘(1) The Secretary of to section 2508 of this title.’’. ‘‘2473. Procurements from the small arms in- Defense, in consultation with the National (e) ANNUAL REPORT TO CONGRESS.—Such dustrial base.’’. Defense Technology and Industrial Base subchapter is amended by inserting after sec- Council’’ in paragraph (1) and inserting in tion 2507 the following new section: SEC. 806. EXCEPTION TO PROHIBITION ON PRO- CUREMENT OF FOREIGN GOODS. lieu thereof ‘‘The Secretary of Defense, in ‘‘§ 2508. Annual report to Congress Section 2534(d)(3) of title 10, United States consultation with the Secretary of Com- ‘‘The Secretary of Defense shall transmit Code, is amended by inserting ‘‘or would im- merce’’; and to the Committee on Armed Services of the pede the reciprocal procurement of defense (B) by striking out paragraphs (2), (3), and Senate and the Committee on National Secu- items under a memorandum of under- (4); and rity of the House of Representatives by standing providing for reciprocal procure- (2) in subsection (c)(3)(A)— March 1 of each year a report which shall in- ment of defense items that is entered into (A) by striking out ‘‘the National Defense clude the following information: under section 2531 of this title,’’ after ‘‘a for- Technology and Industrial Base Council in’’ ‘‘(1) A description of the departmental eign country,’’. and inserting in lieu thereof ‘‘the Secretary guidance prepared pursuant to section 2506 of of Defense for’’; and SEC. 807. TREATMENT OF DEPARTMENT OF DE- this title. FENSE CABLE TELEVISION FRAN- (B) by striking out ‘‘and the periodic plans ‘‘(2) A description of the methods and anal- CHISE AGREEMENTS. required by section 2506 of this title’’. yses being undertaken by the Department of (a) TREATMENT AS CONTRACT FOR TELE- (b) PERIODIC DEFENSE CAPABILITY ASSESS- Defense alone or in cooperation with other COMMUNICATIONS SERVICES.—Subject to sub- MENTS.—(1) Section 2505 of title 10, United Federal agencies, to identify and address section (b), a cable television franchise States Code, is amended to read as follows: concerns regarding technological and indus- agreement for the Department of Defense ‘‘§ 2505. National technology and industrial trial capabilities of the national technology shall be considered a contract for tele- base: periodic defense capability assess- and industrial base. communications services for purposes of part ments ‘‘(3) A description of the assessments pre- 49 of the Federal Acquisition Regulation. ‘‘(a) PERIODIC ASSESSMENT.—Each fiscal pared pursuant to section 2505 of this title (b) LIMITATION.—The treatment of a cable year, the Secretary of Defense shall prepare and other analyses used in developing the television franchise agreement as a contract selected assessments of the capability of the budget submission of the Department of De- for telecommunications services shall be national technology and industrial base to fense for the next fiscal year. subject to such terms, conditions, limita- attain the national security objectives set ‘‘(4) Identification of each program de- tions, restrictions, and requirements relat- forth in section 2501(a) of this title. signed to sustain specific essential techno- ing to the power of the executive branch to

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treat such an agreement as such a contract (F) The department-wide actions that are (b) REPEAL OF SUPERSEDED LAW.—(1) Sec- as are identified in the advisory opinion re- necessary to comply with the requirements tion 922 of the National Defense Authoriza- quired under section 823 of the National De- of the following provisions of law: tion Act for Fiscal Year 1995 (Public Law fense Authorization Act for Fiscal Year 1996 (i) The amendments made by the Govern- 103–337; 108 Stat. 282; 10 U.S.C. 2112 note) is (Public Law 104–106; 110 Stat. 399). ment Performance and Results Act of 1993 amended by striking out subsection (a). (c) APPLICABILITY.—This section applies to (Public Law 103–62; 107 Stat. 285). (2) Section 1071 of the National Defense Au- cable television franchise agreements for the (ii) The Information Management Reform thorization Act for Fiscal Year 1996 (Public Department of Defense only if the United Act of 1996 (division E of Public Law 104–106; Law 104–106; 110 Stat. 445; 10 U.S.C. 2112 note) States Court of Federal Claims states in an 110 Stat 679; 40 U.S.C. 1401 et seq.) and the is amended by striking out subsection (b). advisory opinion referred to in subsection (b) amendments made by that Act. SEC. 903. CODIFICATION OF REQUIREMENT FOR that it is within the power of the executive (iii) Title V of the Federal Acquisition UNITED STATES ARMY RESERVE branch to treat cable television franchise Management Streamlining Act of 1994 (Pub- COMMAND. agreements for the construction, installa- lic Law 103–355; 108 Stat. 3349) and the (a) REQUIREMENT FOR ARMY RESERVE COM- tion, or capital improvement of cable tele- amendments made by that title. MAND.—(1) Chapter 307 of title 10, United vision systems at military installations of (iv) The Chief Financial Officers Act of 1990 States Code, is amended by inserting after the Department of Defense as contracts (Public Law 101–576; 104 Stat. 2838) and the section 3074 the following: under part 49 of the Federal Acquisition Reg- amendments made by that Act. ‘‘§ 3074a. United States Army Reserve Com- ulation without violating title VI of the (G) A strategic information resources plan mand for the Department of Defense that is based Communications Act of 1934 (47 U.S.C. 521 et ‘‘(a) COMMAND.—The United States Army seq.). on the strategy of the Secretary of Defense Reserve Command is a separate command of SEC. 808. REMEDIES FOR REPRISALS AGAINST for support of the department’s overall stra- the Army commanded by the Chief of Army CONTRACTOR EMPLOYEE WHISTLE- tegic goals by the core and supporting proc- Reserve. BLOWERS. esses of the department. ‘‘(b) CHAIN OF COMMAND.—Except as other- (b) YEAR 2000 SOFTWARE CONVERSION.—(1) Section 2409(c)(1) of title 10, United States wise prescribed by the Secretary of Defense, The Secretary of Defense shall ensure that Code, is amended by striking out subpara- the Secretary of the Army shall prescribe all information technology acquired by the graph (B) and inserting in lieu thereof the the chain of command for the United States Department of Defense pursuant to contracts following: Army Reserve Command. entered into after September 30, 1996, have ‘‘(B) Order the contractor either— ‘‘(c) ASSIGNMENT OF FORCES.—The Sec- ‘‘(i) to reinstate the person to the position the capabilities that comply with time and date standards established by the National retary of the Army— that the person held before the reprisal, to- ‘‘(1) shall assign to the United States Army gether with the compensation (including Institute of Standards and Technology or, if there is no such standard, generally accepted Reserve Command all forces of the Army Re- back pay), employment benefits, and other industry standards for providing fault-free serve in the continental United States other terms and conditions of employment that processing of date and date-related data in than forces assigned to the unified combat- would apply to the person in that position if 2000. ant command for special operations forces the reprisal had not been taken; or (2) The Secretary, acting through the chief established pursuant to section 167 of this ‘‘(ii) without reinstating the person, to pay information officers within the department title; and the person an amount equal to the com- (as designated pursuant to section 3506 of ‘‘(2) except as otherwise directed by the pensation (including back pay) that, if the title 44, United States Code), shall assess all Secretary of Defense in the case of forces as- reprisal had not been taken, would have been information technology within the Depart- signed to carry out functions of the Sec- paid the person in that position up to the ment of Defense to determine the extent to retary of the Army specified in section 3013 date on which the head of the agency deter- which such technology have the capabilities of this title, shall assign all such forces of mines that the person has been subjected to to operate effectively with technology that the Army Reserve to the commander of the a reprisal prohibited under subsection (a).’’. meet the standards referred to in paragraph United States Atlantic Command.’’. SEC. 809. IMPLEMENTATION OF INFORMATION (1). (2) The table of sections at the beginning of TECHNOLOGY MANAGEMENT RE- (3) Not later than January 1, 1997, the Sec- such chapter is amended by inserting after FORM. retary shall submit to Congress a detailed the item relating to section 3074 the fol- (a) REPORT.—(1) The Secretary of Defense plan for eliminating any deficiencies identi- lowing: shall include in the report submitted in 1997 fied pursuant to paragraph (2). The plan shall ‘‘3074a. United States Army Reserve Com- under section 381 of Public Law 103–337 (108 include— mand.’’. Stat. 2739) a discussion of the following mat- (A) a prioritized list of all affected pro- (b) REPEAL OF SUPERSEDED LAW.—Section ters relating to information resources man- grams; 903 of the National Defense Authorization agement by the Federal Government: (B) a description of how the deficiencies Act for Fiscal Year 1991 (Public Law 101–510; (A) The progress made in implementing the could affect the national security of the 104 Stat. 1620; 10 U.S.C. 3074 note) is repealed. Information Technology Management Re- United States; and form Act of 1996 (division E of Public Law (C) an estimate of the resources that are SEC. 904. TRANSFER OF AUTHORITY TO CONTROL 104–106; 110 Stat. 679; 40 U.S.C. 1401 et seq.) necessary to eliminate the deficiencies. TRANSPORTATION SYSTEMS IN TIME OF WAR. and the amendments made by that Act. TITLE IX—DEPARTMENT OF DEFENSE (a) AUTHORITY OF SECRETARY OF DE- (B) The progress made in implementing the ORGANIZATION AND MANAGEMENT FENSE.—Section 4742 of title 10, United strategy for the development or moderniza- Subtitle A—General Matters States Code, is amended by striking out tion of automated information systems for SEC. 901. REPEAL OF REORGANIZATION OF OF- ‘‘Secretary of the Army’’ and inserting in the Department of Defense, as required by FICE OF SECRETARY OF DEFENSE. lieu thereof ‘‘Secretary of Defense’’. section 366 of Public Law 104–106 (110 Stat Sections 901 and 903 of the National De- (b) TRANSFER OF SECTION.—Such section, as 275; 10 U.S.C. 113 note). fense Authorization Act for Fiscal Year 1996 amended by subsection (a), is transferred to (C) Plans of the Department of Defense for (Public Law 104–106; 110 Stat. 399 and 401) are the end of chapter 157 of such title and is re- establishing an integrated framework for repealed. designated as section 2644. management of information resources within SEC. 902. CODIFICATION OF REQUIREMENTS RE- (c) CONFORMING AMENDMENT.—Section 9742 the department. LATING TO CONTINUED OPERATION of such title is repealed. (2) The discussion of matters under para- OF THE UNIFORMED SERVICES UNI- (d) CLERICAL AMENDMENTS.—(1) The table VERSITY OF THE HEALTH SCIENCES. graph (1) shall specifically include a discus- of sections at the beginning of chapter 157 of (a) CODIFICATION OF EXISTING LAW.—(1) sion of the following: such title is amended by inserting after the (A) The status of the implementation of a Chapter 104 of title 10, United States Code, is amended by inserting after section 2112 the item relating to section 2643 the following set of strategic, outcome-oriented perform- new item: ance measures. following: (B) The specific actions being taken to link ‘‘§ 2112a. Continued operation of University ‘‘2644. Control of transportation systems in time of war.’’. the proposed performance measures to the ‘‘(a) CLOSURE PROHIBITED.—The University planning, programming, and budgeting sys- may not be closed. (2) The table of sections at the beginning of tem of the Department of Defense and to the ‘‘(b) PERSONNEL STRENGTH.—During the chapter 447 of such title is amended by strik- life-cycle management processes of the de- five-year period beginning on October 1, 1996, ing out the item relating to section 4742. partment. the personnel staffing levels for the Univer- (3) The table of sections at the beginning of (C) The results of pilot program testing of sity may not be reduced below the personnel chapter 947 of such title is amended by strik- proposed performance measures. staffing levels for the University on October ing out the item relating to section 9742. (D) The additional training necessary for 1, 1993.’’. øSEC. 905. EXECUTIVE OVERSIGHT OF DEFENSE the implementation of performance-based in- (2) The table of sections at the beginning of HUMAN INTELLIGENCE PERSONNEL. formation management. such chapter is amended by inserting after øSection 193 of title 10, United States Code, (E) Plans for integrating management im- the item relating to section 2112 the fol- is amended— provement programs of the Department of lowing: ø(1) by redesignating subsection (f) as sub- Defense. ‘‘2112a. Continued operation of University.’’. section (g); and

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6340 CONGRESSIONAL RECORD — SENATE June 18, 1996 ø(2) by inserting after subsection (e) the in lieu thereof ‘‘Naval Historical Center Government, to ensure visibility and ac- following new subsection (f): Fund’’. countability for those resources, and to har- ø‘‘(f) HUMAN INTELLIGENCE PERSONNEL.—(1) (d) CLERICAL AMENDMENTS.—(1) The head- ness, leverage, and focus rapid technological Notwithstanding any other provision of law, ing of such section is amended to read as fol- developments to serve the imagery, imagery subject to the authority, direction, and con- lows: intelligence, and geospatial information cus- trol of the President, the Secretary of De- ‘‘§ 7222. Naval Historical Center Fund’’. tomers. fense shall perform the responsibility within (2) There is a need for a single Government (2) The item relating to such section in the the executive branch for oversight of the agency to solicit and advocate the needs of table of sections at the beginning of chapter clandestine activities of Department of De- that growing and diverse pool of customers. 631 of title 10, United States Code, is amend- fense human intelligence personnel. The Sec- (3) A single combat support agency dedi- ed to read as follows: retary may delegate authority to carry out cated to imagery, imagery intelligence, and such responsibility only to the Deputy Sec- ‘‘7222. Naval Historical Center Fund.’’. geospatial information could act as a focal retary of Defense.’’. SEC. 906. ROLE OF DIRECTOR OF CENTRAL INTEL- point for support of all imagery intelligence øSEC. 906. COORDINATION OF DEFENSE INTEL- LIGENCE IN APPOINTMENT AND and geospatial information customers, in- LIGENCE PROGRAMS AND ACTIVI- EVALUATION OF CERTAIN INTEL- cluding customers in the Department of De- TIES. LIGENCE OFFICIALS. fense, the Intelligence Community, and re- ø(a) DIRECTOR OF MILITARY INTELLIGENCE (a) IN GENERAL.—Section 201 of title 10, lated agencies outside of the Department of AND DEFENSE INTELLIGENCE BOARD.—Sub- United States Code, is amended to read as fol- Defense. chapter II of chapter 8 of title 10, United lows: (4) Such an agency would best serve the States Code, is amended by adding at the end ‘‘§ 201. Certain intelligence officials: consulta- needs of the imagery, imagery intelligence, the following: tion and concurrence regarding appoint- and geospatial information customers if it ø‘‘§ 203. Director of Military Intelligence; De- ments; evaluation of performance were organized— fense Intelligence Board ‘‘(a) CONSULTATION REGARDING APPOINT- (A) to carry out its mission responsibilities under the authority, direction, and control ø‘‘(a) DESIGNATION OF DIRECTOR.—The Di- MENT.—Before submitting a recommendation to rector of the Defense Intelligence Agency is the President regarding the appointment of an of the Secretary of Defense, with the advice the Director of Military Intelligence. The Di- individual to the position of Director of the De- of the Chairman of the Joint Chiefs of Staff; rector performs the duties of the position fense Intelligence Agency, the Secretary of De- and under the authority, direction, and control fense shall consult with the Director of Central (B) to carry out its responsibilities to na- of the Secretary of Defense and reports di- Intelligence regarding the recommendation. tional intelligence customers in accordance rectly to the Secretary. ‘‘(b) CONCURRENCE IN APPOINTMENT.—Before with policies and priorities established by ø‘‘(b) DUTIES.—In addition to any other du- submitting a recommendation to the President the Director of Central Intelligence. ties that are assigned to the Director by the regarding the appointment of an individual to a PART I—ESTABLISHMENT Secretary of Defense, the Director— position referred to in paragraph (2), the Sec- SEC. 921. ESTABLISHMENT, MISSIONS, AND AU- ø‘‘(1) manages the General Defense Intel- retary of Defense shall seek the concurrence of THORITY. ligence Program; and the Director of Central Intelligence in the rec- (a) ESTABLISHMENT IN TITLE 10, UNITED ø‘‘(2) is Chairman of the Military Intel- ommendation. If the Director does not concur in STATES CODE.—Part I of subtitle A of title 10, ligence Board. the recommendation, the Secretary may make United States Code, is amended— ø‘‘(c) MILITARY INTELLIGENCE BOARD.—(1) the recommendation to the President without (1) by redesignating chapter 22 as chapter There is a Military Intelligence Board within the Director’s concurrence, but shall include in 23; and the Department of Defense. the recommendation a statement that the Direc- (2) by inserting after chapter 21 the fol- ø‘‘(2) The Military Intelligence Board con- tor does not concur in the recommendation. lowing new chapter 22: sists of the Director of Military Intelligence, ‘‘(2) Paragraph (1) applies to the following po- ‘‘CHAPTER 22—NATIONAL IMAGERY AND the Director of the National Security Agen- sitions: MAPPING AGENCY ‘‘(A) The Director of the National Security cy, the Director of the National Imagery and ‘‘Subchapter Sec. Mapping Agency, the Director of the Defense Agency. ‘‘I. Establishment, Missions, and Au- Information Systems Agency, the senior in- ‘‘(B) The Director of the National Reconnais- thority ...... 441 telligence officer of each armed force (as des- sance Office. ‘‘II. Maps, Charts, and Geodetic Prod- ignated by the Secretary of the military de- ‘‘(c) PERFORMANCE EVALUATIONS.—(1) The Di- ucts ...... 451 partment having jurisdiction over that rector of Central Intelligence shall provide an- ‘‘III. Personnel Management ...... 461 armed force or, in the case of the Coast nually to the Secretary of Defense an evalua- ‘‘IV. Definitions ...... 471 Guard, the Commandant of the Coast Guard), tion of the performance of the individuals hold- ‘‘SUBCHAPTER I—ESTABLISHMENT, the Deputy Director of the Defense Intel- ing the positions referred to in paragraph (2) in MISSIONS, AND AUTHORITY fulfilling their respective responsibilities with re- ligence Agency, the Director for Joint Staff ‘‘Sec. gard to the National Foreign Intelligence Pro- Intelligence, and any other persons des- ‘‘441. Establishment. ignated as members of the board by the Sec- gram. ‘‘442. Missions. retary of Defense. ‘‘(2) The positions referred to in paragraph (1) ‘‘443. Imagery intelligence and geospatial in- ø‘‘(3) The Military Intelligence Board shall are the following: formation support for foreign be the principal forum for coordination of ‘‘(A) The Director of the National Security countries the intelligence programs and activities of Agency. ‘‘444. Support from Central Intelligence the Department of Defense.’’. ‘‘(B) The Director of the National Reconnais- Agency. ø(b) CLERICAL AMENDMENT.—The table of sance Office. ø‘‘445. Limitation on oversight by Inspector sections at the beginning of such subchapter ‘‘(C) The Director of the National Imagery General of the Central Intel- is amended by adding at the end the fol- and Mapping Agency.’’. ligence Agency.¿ lowing: (b) CLERICAL AMENDMENT.—The table of sec- ‘‘ø446.¿ 445. Protection of agency identifica- ø‘‘203. Director of Military Intelligence; Mili- tions at the beginning of subchapter II of chap- tions and organizational infor- tary Intelligence Board.’’.¿ ter 8 of such title is amended by striking out the mation. item relating to section 201 and inserting in lieu SEC. ø907.¿ 905. REDESIGNATION OF OFFICE OF ‘‘§ 441. Establishment thereof the following new item: NAVAL RECORDS AND HISTORY ø‘‘(a) ESTABLISHMENT.—The National Im- FUND AND CORRECTION OF RE- ‘‘201. Certain intelligence officials: consultation agery and Mapping Agency is a combat sup- LATED REFERENCES. and concurrence regarding ap- port agency of the Department of Defense. (a) NAME OF FUND.—Subsection (a) of sec- pointments; evaluation of per- ø‘‘(b) DIRECTOR.—(1) The Director of the tion 7222 of title 10, United States Code, is formance.’’. National Imagery and Mapping Agency is the amended by striking out ‘‘ ‘Office of Naval Subtitle B—National Imagery and Mapping head of the agency. The President shall ap- Records and History Fund’’’ in the second Agency point the Director, by and with the advice sentence and inserting in lieu thereof and consent of the Senate, from among the SEC. 911. SHORT TITLE. ‘‘ ‘Naval Historical Center Fund’’’. officers of the regular components of the This subtitle may be cited as the ‘‘Na- (b) CORRECTION OF REFERENCE TO ADMIN- armed forces. ISTERING OFFICE.—Subsection (a) of such sec- tional Imagery and Mapping Agency Act of ø‘‘(2) The position of Director is a position tion, as amended by subsection (a), is further 1996’’. of importance and responsibility for purposes amended by striking out ‘‘Office of Naval SEC. 912. FINDINGS. of section 601 of this title and carries the Records and History’’ in the first sentence Congress makes the following findings: grade of lieutenant general or, in the case of and inserting in lieu thereof ‘‘Naval Histor- (1) There is a need within the Department an officer of the Navy, vice admiral.¿ ical Center’’. of Defense and the Intelligence Community ‘‘(a) ESTABLISHMENT.—The National Imagery (c) CONFORMING REFERENCE.—Subsection of the United States to provide a single agen- and Mapping Agency is an agency of the De- (c) of such section is amended by striking cy focus for the growing number and diverse partment of Defense. out ‘‘Office of Naval Records and History types of customers for imagery and ‘‘(b) DIRECTOR.—(1) The Director of the Na- Fund’’ in the second sentence and inserting geospatial information resources within the tional Imagery and Mapping Agency is the head

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The President shall appoint the tional missions as specified in section 120(a) of ‘‘(3) Support provided under this sub- Director. the National Security Act of 1947. section shall be provided under terms and ‘‘(2)(A) Upon a vacancy in the position of Di- ‘‘(c) LIFE CYCLE SUPPORT.—The National conditions agreed upon by the Secretary of rector, the Secretary of Defense shall rec- Imagery and Mapping Agency may, in fur- Defense and the Director of Central Intel- ommend to the President an individual for ap- therance of a mission of the agency, design, ligence. pointment to the position. develop, deploy, operate, and maintain sys- ‘‘(c) DETAIL OF PERSONNEL.—The Director ‘‘(B) The Secretary shall seek the concurrence tems related to the processing and dissemi- of Central Intelligence may detail Central of the Director of Central Intelligence in recom- nation of imagery intelligence and Intelligence Agency personnel indefinitely to mending an individual for appointment under geospatial information that may be trans- the National Imagery and Mapping Agency subparagraph (A). If the Director does not con- ferred to, accepted or used by, or used on be- without regard to any limitation on the du- cur in the recommendation, the Secretary may half of— ration of interagency details of Federal Gov- make the recommendation to the President with- ‘‘(1) the armed forces, including any com- ernment personnel. out the Director’s concurrence, but shall include batant command, component of a combatant in the recommendation a statement that the Di- command, joint task force, or tactical unit; ‘‘(d) REIMBURSABLE OR NONREIMBURSABLE rector does not concur in the recommendation. or SUPPORT.—Support under this section may ‘‘(3) If an officer of the armed forces is ap- ‘‘(2) to any other department or agency of be provided and accepted on either a reim- pointed to the position of Director under this the United States. bursable basis or a nonreimbursable basis. subsection, the officer shall hold the grade of ‘‘§ 443. Imagery intelligence and geospatial in- ‘‘(e) AUTHORITY TO TRANSFER FUNDS.—(1) lieutenant general or, in the case of an officer of formation support for foreign countries The Director of the National Imagery and the Navy, vice admiral, while serving in the po- ‘‘(a) APPROPRIATED FUNDS.—The Director Mapping Agency may transfer funds avail- sition. An officer while serving in the position is of the National Imagery and Mapping Agen- able for the agency to the Director of Cen- in addition to the number that would otherwise cy may use appropriated funds available to tral Intelligence for the Central Intelligence be permitted for that officer’s armed force for of- the National Imagery and Mapping Agency Agency. ficers serving on active duty in grades above to provide foreign countries with imagery in- ‘‘(2) The Director of Central Intelligence— major general or rear admiral, as the case may telligence and geospatial information sup- ‘‘(A) may accept funds transferred under be, under paragraph (1) or (2) of section 525(b) port. paragraph (1); and of this title, as applicable. ‘‘(b) FUNDS OTHER THAN APPROPRIATED ‘‘(B) shall expend such funds, in accordance ‘‘(c) COLLECTION TASKING AUTHORITY.—The FUNDS.—(1) Subject to paragraphs (2), (3), with the Central Intelligence Agency Act of Director of Central Intelligence shall have au- and (4), the Director is also authorized to use thority to approve collection requirements, de- 1949 (50 U.S.C. 403a et seq.), to provide admin- funds other than appropriated funds to pro- istrative and contract services or detail per- termine collection priorities, and resolve con- vide foreign countries with imagery intel- flicts in collection priorities levied on national sonnel to the National Imagery and Mapping ligence and geospatial information support. Agency under this section. imagery collection assets, except as otherwise ‘‘(2) Funds other than appropriated funds agreed by the Director and the Secretary of De- may not be expended, in whole or in part, by ø‘‘§ 445. Limitation on oversight by Inspector fense pursuant to the direction of the President. or for the benefit of the National Imagery General of the Central Intelligence Agency ‘‘§ 442. Missions and Mapping Agency for a purpose for which ø‘‘The Inspector General of the Central In- ‘‘(a) DEPARTMENT OF DEFENSE MISSIONS.— Congress had previously denied funds. ‘‘(3) Proceeds from the sale of imagery in- telligence Agency may not conduct any in- The National Imagery and Mapping Agency spection, investigation, or audit of the Na- shall— telligence or geospatial information items may be used only to purchase replacement tional Imagery and Mapping Agency without ‘‘(1) provide timely, relevant, and accurate the written consent of the Inspector General imagery, imagery intelligence, and items similar to the items that are sold. ‘‘(4) Funds other than appropriated funds of the Department of Defense. In conducting geospatial information in support of the na- an inspection, investigation, or audit of the tional security objectives of the United may not be expended to acquire items or services for the principal benefit of the National Imagery and Mapping Agency, the States; Inspector General of the Central Intelligence ‘‘(2) improve means of navigating vessels of United States. ‘‘(5) The authority to use funds other than Agency shall be subject to the authority, di- the Navy and the merchant marine by pro- appropriated funds under this section may be rection, and control of the Secretary of De- viding, under the authority of the Secretary exercised notwithstanding provisions of law fense to the same extent as is the Inspector of Defense, accurate and inexpensive nau- relating to the expenditure of funds of the General of the Department of Defense under tical charts, sailing directions, books on United States. section 8 of the Inspector General Act of 1978 navigation, and manuals of instructions for ‘‘(c) ACCOMMODATION PROCUREMENTS.—The (5 U.S.C. App.). the use of all vessels of the United States authority under this section may be exer- ø and of navigators generally; and cised to conduct accommodation procure- ‘‘§ 446. Protection of agency identifications ¿ ‘‘(3) prepare and distribute maps, charts, ments on behalf of foreign countries. and organizational information books, and geodetic products as authorized ‘‘(d) COORDINATION WITH DIRECTOR OF CEN- ‘‘§ 445. Protection of agency identifications under subchapter II of this chapter. TRAL INTELLIGENCE.—The Director shall co- ø and organizational information ‘‘(b) NATIONAL MISSION.—(1) The National ordinate with the Director of Central Intel- Imagery and Mapping Agency shall also sup- ligence any action under this section that in- ‘‘(a) UNAUTHORIZED USE OF AGENCY NAME, port the imagery requirements of the De- volves imagery intelligence or intelligence INITIALS, OR SEAL.—(1) Except with the writ- partment of State and other departments products or involves providing support to an ten permission of the Secretary of Defense, and agencies of the United States outside the intelligence or security service of a foreign no person may knowingly use, in connection Department of Defense. with any merchandise, retail product, imper- ø country. ‘‘(2)(A) The Director of Central Intel- sonation, solicitation, or commercial activ- ligence shall establish requirements and pri- ‘‘§ 444. Support from Central Intelligence Agency ity in a manner reasonably calculated to orities to govern the collection of national convey the impression that such use is ap- ‘‘(a) SUPPORT AUTHORIZED.—The Director intelligence by the National Imagery and proved, endorsed, or authorized by the Sec- of Central Intelligence may provide support Mapping Agency under paragraph (1). retary of Defense, any of the following: ø‘‘(B) The Director of Central Intelligence in accordance with this section to the Direc- ‘‘(A) The words ‘National Imagery and shall develop and implement such policies tor of the National Imagery and Mapping Mapping Agency’, the initials ‘NIMA’, or the and programs as the Secretary of Defense Agency. The Director of the National Im- seal of the National Imagery and Mapping and the Director jointly determine necessary agery and Mapping Agency may accept sup- Agency. to review and correct deficiencies identified port provided under this section. ‘‘(B) The words ‘Defense Mapping Agency’, in the capabilities of the National Imagery ‘‘(b) ADMINISTRATIVE AND CONTRACT SERV- the initials ‘DMA’, or the seal of the Defense and Mapping Agency to accomplish assigned ICES.—(1) In furtherance of the national in- Mapping Agency. national missions. The Director shall consult telligence effort, the Director of Central In- ‘‘(C) Any colorable imitation of such with the Secretary of Defense on the devel- telligence may provide administrative and words, initials, or seals. opment and implementation of such policies contract services to the National Imagery and programs. The Secretary of Defense and Mapping Agency as if that agency were ‘‘(2) Whenever it appears to the Attorney shall obtain the advice of the Chairman of an organizational element of the Central In- General that any person is engaged or about the Joint Chiefs of Staff regarding the mat- telligence Agency. to engage in an act or practice which con- ters on which the Director and the Secretary ‘‘(2) Services provided under paragraph (1) stitutes or will constitute conduct prohib- are to consult under the preceding sentence. may include the services of security police. ited by paragraph (1), the Attorney General ø‘‘(C) The President may direct the Sec- For purposes of section 15 of the Central In- may initiate a civil proceeding in a district retary of Defense to exercise authority of the telligence Agency Act of 1949 (50 U.S.C. 403o), court of the United States to enjoin such act Director of Central Intelligence under sub- an installation of the National Imagery and or practice. Such court shall proceed as soon paragraphs (A) and (B) during a war, mili- Mapping Agency provided security police as practicable to a hearing and determina- tary crisis, or military operation.¿ services under this section shall be consid- tion of such action and may, at any time be- ‘‘(b) NATIONAL MISSION.—The National Im- ered an installation of the Central Intel- fore such final determination, enter such re- agery and Mapping Agency shall also have na- ligence Agency. straining orders or prohibitions, or take such

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other action as is warranted, to prevent in- ‘‘(d) ALLOWANCES BASED ON LIVING COSTS sified above the GS–15 level, (B) emphasize jury to the United States or to any person or AND ENVIRONMENT FOR EMPLOYEES STATIONED function expertise and advisory activity, but class of persons for whose protection the ac- OUTSIDE CONTINENTAL UNITED STATES OR IN (C) do not have the organizational or pro- tion is brought. ALASKA.—(1) In addition to the basic com- gram management functions necessary for ‘‘(b) PROTECTION OF ORGANIZATIONAL INFOR- pensation payable under subsection (b), em- inclusion in the National Imagery and Map- MATION.—Notwithstanding any other provi- ployees of the National Imagery and Map- ping Senior Executive Service. sion of law, the Director of the National Im- ping Agency described in paragraph (3) may ‘‘(4) Positions referred to in paragraph (3) agery and Mapping Agency is not required to be paid an allowance, in accordance with reg- include National Imagery and Mapping Sen- disclose the organization of the agency, any ulations prescribed by the Secretary of De- ior Technical positions and National Im- function of the agency, any information with fense, at a rate not in excess of the allow- agery and Mapping Senior Professional posi- respect to the activities of the agency, or the ance authorized to be paid under section tions. For purposes of this subsection Na- names, titles, salaries, or number of the per- 5941(a) of title 5 for employees whose rates of tional Imagery and Mapping Senior Tech- sons employed by the agency. This sub- basic pay are fixed by statute. nical positions are positions covered by para- section does not apply to disclosures of infor- ‘‘(2) Such allowance shall be based on— graph (3) if— mation to Congress. ‘‘(A) living costs substantially higher than ‘‘(A) the positions involve— ‘‘SUBCHAPTER II—MAPS, CHARTS, AND in the District of Columbia; ‘‘(i) research and development; GEODETIC PRODUCTS ‘‘(B) conditions of environment which— ‘‘(ii) test and evaluation; ‘‘(i) differ substantially from conditions of ‘‘Sec. ‘‘(iii) substantive analysis, liaison, or advi- environment in the continental United ‘‘451. Maps, charts, and books. sory activity focusing on engineering, phys- States; and ‘‘452. Pilot charts. ical sciences, computer science, mathe- ‘‘(ii) warrant an allowance as a recruit- ‘‘453. Prices of maps, charts, and naviga- matics, biology, chemistry, medicine, or ment incentive; or tional publications. other closely related scientific and technical ‘‘(C) both of those factors. ‘‘454. Exchange of mapping, charting, and fields; or ‘‘(3) This subsection applies to employees geodetic data with foreign ‘‘(iv) intelligence disciplines including pro- who— countries and international or- duction, collection, and operations in close ‘‘(A) are citizens or nationals of the United ganizations. association with any of the activities de- States; and ‘‘455. Maps, charts, and geodetic data: public scribed in clauses (i), (ii), and (iii) or related ‘‘(B) are stationed outside the continental availability; exceptions. activities; or United States or in Alaska. ‘‘456. Civil actions barred. ‘‘(B) the positions emphasize staff, liaison, ‘‘(e) TERMINATION OF EMPLOYEES.—(1) Not- analytical, advisory, or other activity focus- ‘‘SUBCHAPTER III—PERSONNEL withstanding any other provision of law, the ing on intelligence, law, finance and ac- MANAGEMENT Secretary of Defense may terminate the em- counting, program and budget, human re- ‘‘Sec. ployment of any employee of the National sources management, training, information ‘‘461. Civilian personnel management gen- Imagery and Mapping Agency if the Sec- services, logistics, security, and other appro- erally. retary— priate fields. ‘‘462. National Imagery and Mapping Senior ‘‘(A) considers such action to be in the in- ‘‘(g) ‘EMPLOYEE’ DEFINED AS INCLUDING OF- Executive Service. terests of the United States; and FICERS.—In this section, the term ‘em- ‘‘463. Management rights. ‘‘(B) determines that the procedures pre- ployee’, with respect to the National Im- scribed in other provisions of law that au- ‘‘§ 461. Civilian personnel management gen- agery and Mapping Agency, includes any ci- thorize the termination of the employment erally vilian officer of that agency. of such employee cannot be invoked in a ‘‘(a) GENERAL PERSONNEL AUTHORITY.—The manner consistent with the national secu- ‘‘§ 462. National Imagery and Mapping Senior Secretary of Defense may, without regard to rity. Executive Service the provisions of any other law relating to ‘‘(2) A decision by the Secretary of Defense ‘‘(a) ESTABLISHMENT.—The Secretary of De- the appointment, number, classification, or to terminate the employment of an em- compensation of Federal employees— fense may establish a National Imagery and ployee under this subsection is final and may Mapping Senior Executive Service for senior ‘‘(1) establish such excepted service posi- not be appealed or reviewed outside the De- tions for employees in the National Imagery civilian personnel within the National Im- partment of Defense. agery and Mapping Agency. and Mapping Agency as the Secretary con- ‘‘(3) The Secretary of Defense shall siders necessary to carry out the functions of promptly notify the Committee on National ‘‘(b) REQUIREMENTS FOR THE SERVICE.—In those agencies, including positions des- Security and the Permanent Select Com- establishing a National Imagery and Map- ignated under subsection (f) as National Im- mittee on Intelligence of the House of Rep- ping Senior Executive Service the Secretary agery and Mapping Senior Level positions; resentatives and the Committee on Armed shall— ‘‘(2) appoint individuals to those positions; Services and the Select Committee on Intel- ‘‘(1) meet the requirements set forth for and ligence of the Senate whenever the Sec- the Senior Executive Service in section 3131 ‘‘(3) fix the compensation for service in retary terminates the employment of any of title 5; those positions. employee under the authority of this sub- ‘‘(2) ensure that the National Imagery and ‘‘(b) AUTHORITY TO FIX RATES OF BASIC PAY section. Mapping Senior Executive Service positions AND OTHER ALLOWANCES AND BENEFITS.—(1) ‘‘(4) Any termination of employment under satisfy requirements that are consistent The Secretary of Defense shall, subject to this subsection shall not affect the right of with the provisions of section 3132(a)(2) of subsection (c), fix the rates of basic pay for the employee involved to seek or accept em- title 5; positions established under subsection (a) in ployment with any other department or ‘‘(3) prescribe rates of pay for the National relation to the rates of basic pay provided in agency of the United States if that employee Imagery and Mapping Senior Executive subpart D of part III of title 5 for positions is declared eligible for such employment by Service that are not in excess of the max- subject to that title which have cor- the Director of the Office of Personnel Man- imum rate of basic pay, nor less than the responding levels of duties and responsibil- agement. minimum rate of basic pay, established for ities. Except as otherwise provided by law, ‘‘(5) The authority of the Secretary of De- the Senior Executive Service under section an employee of the National Imagery and fense under this subsection may be delegated 5382 of title 5; Mapping Agency may not be paid basic pay only to the Deputy Secretary of Defense and ‘‘(4) provide for adjusting the rates of pay at a rate in excess of the maximum rate pay- the Director of the National Imagery and at the same time and to the same extent as able under section 5376 of title 5. Mapping Agency. An action to terminate em- rates of basic pay for the Senior Executive ‘‘(2) The Secretary of Defense may provide ployment of an employee by any such officer Service are adjusted; employees in positions of the National Im- may be appealed to the Secretary of Defense. ‘‘(5) provide a performance appraisal sys- agery and Mapping Agency compensation (in ‘‘(f) NATIONAL IMAGERY AND MAPPING SEN- tem for the National Imagery and Mapping addition to basic pay under paragraph (1)) IOR LEVEL POSITIONS.—(1) In carrying out Senior Executive Service that conforms to and benefits, incentives, and allowances con- subsection (a)(1), the Secretary may des- the provisions of subchapter II of chapter 43 sistent with, and not in excess of the levels ignate positions described in paragraph (3) as of title 5; authorized for, comparable positions author- National Imagery and Mapping Senior Level ‘‘(6) provide for removal consistent with ized by title 5. positions. section 3592 of title 5, and removal or suspen- ‘‘(c) PREVAILING RATES SYSTEMS.—The Sec- ‘‘(2) Positions designated under this sub- sion consistent with subsections (a), (b), and retary of Defense may, consistent with sec- section shall be treated as equivalent for (c) of section 7543 of title 5 (except that any tion 5341 of title 5, adopt such provisions of purposes of compensation to the senior level hearing or appeal to which a member of the that title as provide for prevailing rate sys- positions to which section 5376 of title 5 is National Imagery and Mapping Senior Exec- tems of basic pay and may apply those provi- applicable. utive Service is entitled shall be held or de- sions to positions in or under which the Na- ‘‘(3) Positions that may be designated as cided pursuant to procedures established by tional Imagery and Mapping Agency may National Imagery and Mapping Senior Level the Secretary of Defense); employ individuals described in section positions are positions in the National Im- ‘‘(7) permit the payment of performance 5342(a)(2)(A) of such title. agery and Mapping Agency that (A) are clas- awards to members of the National Imagery

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and Mapping Senior Executive Service con- national security of the United States, then, CURITY AGENCY AND NATIONAL IMAGERY AND sistent with the provisions applicable to per- upon such a modification of the responsibil- MAPPING AGENCY.—’’; formance awards under section 5384 of title 5; ities of that position, the position shall cease (B) in paragraph (1)— ‘‘(8) provide that members of the National to be covered by the collective bargaining (i) by inserting ‘‘and the National Imagery Imagery and Mapping Senior Executive unit and the employee in that position shall and Mapping Agency’’ after ‘‘the National Service may be granted sabbatical leaves cease to be entitled to representation by a Security Agency’’; and consistent with the provisions of section labor organization accorded exclusive rec- (ii) by striking out ‘‘the Agency’’ and in- 3396(c) of title 5; and ognition for that collective bargaining unit. serting in lieu thereof ‘‘that the agencies’’; ‘‘(9) provide for the recertification of mem- ‘‘(2) A determination described in para- and bers of the National Imagery and Mapping graph (1) that is made by the Director of the (C) in paragraph (2), by inserting ‘‘and the Senior Executive Service consistent with the National Imagery and Mapping Agency may National Imagery and Mapping Agency’’ provisions of section 3393a of title 5. not be reviewed by the Federal Labor Rela- after ‘‘the National Security Agency’’; ‘‘(c) AUTHORITY.—Except as otherwise pro- tions Authority or any court of the United (2) in subsection (e)— vided in subsection (b), the Secretary of De- States. (A) by striking out ‘‘DIA AND NSA’’ in the fense may— ‘‘SUBCHAPTER IV—DEFINITIONS caption and inserting in lieu thereof the fol- ‘‘(1) make applicable to the National Im- lowing: ‘‘DIA, NSA, AND NIMA.—’’; and ‘‘Sec. agery and Mapping Senior Executive Service (B) by striking out ‘‘and the National Se- ‘‘471. Definitions. any of the provisions of title 5 that are appli- curity Agency’’ and inserting in lieu thereof cable to applicants for or members of the ‘‘§ 471. Definitions ‘‘, the National Security Agency, and the Na- Senior Executive Service; and ‘‘In this chapter: tional Imagery and Mapping Agency’’; and ‘‘(2) appoint, promote, and assign individ- ‘‘(1) The term ‘function’ means any duty, (3) in subsection (f), by striking out para- uals to positions established within the Na- obligation, responsibility, privilege, activity, graph (4) and inserting in lieu thereof the tional Imagery and Mapping Senior Execu- or program. following: tive Service without regard to the provisions ‘‘(2)(A) The term ‘imagery’ means, except ‘‘(4) The National Imagery and Mapping of title 5 governing appointments and other as provided in subparagraph (B), a likeness Agency.’’. personnel actions in the competitive service. or presentation of any natural or manmade ø(e)¿ (d) SPECIAL PRINTING AUTHORITY FOR ‘‘(d) AWARD OF RANK.—The President, feature or related object or activity and the AGENCY.—(1) Section 207(a)(2)(B) of the Leg- based on the recommendations of the Sec- positional data acquired at the same time islative Branch Appropriations Act, 1993 retary of Defense, may award ranks to indi- the likeness or representation was acquired, (Public Law 102–392; 44 U.S.C. 501 note) is viduals who occupy positions in the National including— amended by inserting ‘‘National Imagery and Imagery and Mapping Senior Executive ‘‘(i) products produced by space-based na- Mapping Agency,’’ after ‘‘Defense Intel- Service in a manner consistent with the pro- tional intelligence reconnaissance systems; ligence Agency,’’. visions of section 4507 of title 5. and (2) Section 1336 of title 44, United States ‘‘(e) DETAILS AND ASSIGNMENTS.—Notwith- ‘‘(ii) likenesses or presentations produced Code, is amended— standing any other provisions of this section, by satellites, airborne platforms, unmanned (A) by striking out ‘‘Secretary of the the Secretary of Defense may detail or as- aerial vehicles, or other similar means. Navy’’ and inserting in lieu thereof ‘‘Direc- sign any member of the National Imagery ‘‘(B) The term does not include handheld or tor of the National Imagery and Mapping and Mapping Senior Executive Service to clandestine photography taken by or on be- Agency’’; and serve in a position outside the National Im- half of human intelligence collection organi- (B) by striking out ‘‘United States Naval agery and Mapping Agency in which the zations. Oceanographic Office’’ and inserting in lieu member’s expertise and experience may be of ‘‘(3) The term ‘imagery intelligence’ means thereof ‘‘National Imagery and Mapping benefit to the National Imagery and Mapping the technical, geographic, and intelligence Agency’’. Agency or another Government agency. Any information derived through the interpreta- such member shall not by reason of such de- tion or analysis of imagery and collateral SEC. 922. TRANSFERS. tail or assignment lose any entitlement or materials. (a) DEPARTMENT OF DEFENSE.—The mis- status associated with membership in the ‘‘(4) The term ‘geospatial information’ sions and functions of the following elements National Imagery and Mapping Senior Exec- means information that identifies the geo- of the Department of Defense are transferred utive Service. graphic location and characteristics of nat- to the National Imagery and Mapping Agen- ‘‘§ 463. Management rights ural or constructed features and boundaries cy: (A) The Defense Mapping Agency. ‘‘(a) SCOPE.—If there is no obligation under on the earth and includes— (B) The Central Imagery Office. the provisions of chapter 71 of title 5 for the ‘‘(A) statistical data and information de- (C) Other elements of the Department of head of an agency of the United States to rived from, among other things, remote sens- Defense as provided in the classified annex to consult or negotiate with a labor organiza- ing, mapping, and surveying technologies; this Act. tion on a particular matter by reason of that ‘‘(B) mapping, charting, and geodetic data; matter being covered by a provision of law or and (b) CENTRAL INTELLIGENCE AGENCY.—The a Governmentwide regulation, the Director ‘‘(C) geodetic products, as defined in sec- missions and functions of the following ele- of the National Imagery and Mapping Agen- tion 455(c) of this title.’’. ments of the Central Intelligence Agency are cy is not obligated to consult or negotiate (b) TRANSFER OF CHAPTER 167 PROVISIONS.— transferred to the National Imagery and with a labor organization on that matter Sections 2792, 2793, 2794, 2795, 2796, and 2798 of Mapping Agency: even if that provision of law or regulation is title 10, United States Code, are transferred (A) The National Photographic Interpreta- inapplicable to the National Imagery and to subchapter II of chapter 22 of such title, tion Center. Mapping Agency. as added by subsection (a), are inserted in (B) Other elements of the Central Intel- ‘‘(b) BARGAINING UNITS.—The National Im- that sequence in such subchapter following ligence Agency as provided in the classified agery and Mapping Agency shall accord ex- the table of sections, and are redesignated in annex to this Act. clusive recognition to a labor organization accordance with the following table: (c) PERSONNEL AND ASSETS.—(1) Subject to under section 7111 of title 5 only for a bar- Section Section as paragraphs (2) and (3), the personnel, assets, gaining unit that was recognized as appro- transferred redesignated unobligated balances of appropriations and priate for the Defense Mapping Agency on 2792 ...... 451 authorizations of appropriations, and, to the the day before the date on which employees 2793 ...... 452 extent jointly determined appropriate by the and positions of the Defense Mapping Agency 2794 ...... 453 Secretary of Defense and Director of Central in that bargaining unit became employees 2795 ...... 454 Intelligence, obligated balances of appropria- and positions of the National Imagery and 2796 ...... 455 tions and authorizations of appropriations Mapping Agency under the National Imagery 2798 ...... 456. employed, used, held, arising from, or avail- and Mapping Agency Act of 1996 (subtitle B ø(c) CONSULTATION ON APPOINTMENT OF DI- able in connection with the missions and of title IX of the National Defense Author- RECTOR.—Section 201 of title 10, United functions transferred under subsection (a) or ization Act for Fiscal Year 1997). States Code, is amended by striking out ‘‘or (b) are transferred to the National Imagery ‘‘(c) TERMINATION OF BARGAINING UNIT COV- Director of the National Security Agency’’ and Mapping Agency. A transfer may not be ERAGE OF POSITION MODIFIED TO AFFECT NA- and inserting in lieu thereof ‘‘, Director of made under the preceding sentence for any TIONAL SECURITY DIRECTLY.—(1) If the Direc- the National Security Agency, or Director of program or function for which funds are not tor of the National Imagery and Mapping the National Imagery and Mapping Agen- appropriated to the National Imagery and Agency determines that the responsibilities cy’’.¿ Mapping Agency for fiscal year 1997. Trans- of a position within a collective bargaining ø(d)¿ (c) OVERSIGHT OF AGENCY AS A COM- fers of appropriations from the Central Intel- unit should be modified to include intel- BAT SUPPORT AGENCY.—Section 193 of title ligence Agency under this paragraph shall be ligence, counterintelligence, investigative, 10, United States Code, is amended— made in accordance with section 1531 of title or security duties not previously assigned to (1) in subsection (d)— 31, United States Code. that position and that the performance of (A) by striking out the caption and insert- (2) Not earlier than two years after the ef- the newly assigned duties directly affects the ing in lieu thereof ‘‘REVIEW OF NATIONAL SE- fective date of this subtitle, the Secretary of

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The rector of Central Intelligence shall develop and (B) in subsection (b)— positions to be transferred, and the employ- implement such programs and policies as the Di- (i) in paragraph (1), by striking out ‘‘or the ees serving in such positions, shall be trans- rector and the Secretary jointly determine nec- Central Imagery Office’’ in the second sen- ferred to the National Imagery and Mapping essary to review and correct deficiencies identi- tence; and Agency under terms and conditions pre- fied in the capabilities of the National Imagery (ii) in paragraph (2), by striking out ‘‘and scribed by the Secretary of Defense and the and Mapping Agency to accomplish assigned the Central Imagery Office’’; Director of Central Intelligence. national missions. The Director shall consult (C) in subsection (c), by striking out ‘‘or (3) If the National Photographic Interpre- with the Secretary of Defense on the develop- the Central Imagery Office’’; tation Center of the Central Intelligence ment and implementation of such programs and (D) in subsection (d)(1), by striking out Agency or any imagery-related activity of policies. The Secretary shall obtain the advice of ‘‘and the Central Imagery Office’’; the Central Intelligence Agency authorized the Chairman of the Joint Chiefs of Staff re- (E) in subsection (e)— to be performed by the National Imagery and garding the matters on which the Director and (i) in paragraph (1), by striking out ‘‘or the Mapping Agency is not completely trans- the Secretary are to consult under the preceding Central Imagery Office’’; and ferred to the National Imagery and Mapping sentence.’’. (ii) in paragraph (5) by striking out ‘‘, the Agency, the Secretary of Defense and the Di- (c) TASKING OF IMAGERY ASSETS.—Title I of Director of the Defense Intelligence Agency rector of Central Intelligence shall— such Act is further amended by adding at the (with respect to employees of the Defense In- (A) jointly determine which, if any, con- end the following: telligence Agency), and the Director of the tracts, leases, property, and records em- ‘‘COLLECTION TASKING AUTHORITY Central Imagery Office (with respect to em- ployed, used, held, arising from, available to, ‘‘SEC. 121. The Director of Central Intelligence ployees of the Central Imagery Office)’’ and or otherwise relating to such Center or ac- shall have authority to approve collection re- inserting in lieu thereof ‘‘and the Director of tivity is to be transferred to the National quirements, determine collection priorities, and the Defense Intelligence Agency (with re- Imagery and Intelligence Agency; and resolve conflicts in collection priorities levied on spect to employees of the Defense Intel- (B) provide by written agreement for the national imagery collection assets, except as ligence Agency)’’; transfer of such items. otherwise agreed by the Director and the Sec- (F) in subsection (f)(3), by striking out retary of Defense pursuant to the direction of ‘‘and Central Imagery Office’’; and SEC. 923. COMPATIBILITY WITH AUTHORITY the President.’’. UNDER THE NATIONAL SECURITY (G) in subsection (g)— (d) CLERICAL AMENDMENT.—The table of con- ACT OF 1947. (i) by striking out ‘‘or the Central Imagery tents in the first section of such Act is amended (a) AGENCY FUNCTIONS.—Section 105(b) of Office’’; and by inserting after section 109 the following new the National Security Act of 1947 (50 U.S.C. (ii) by striking out ‘‘or Office’’. items: 403–5(b)) is amended by striking out para- (c) APPLICABILITY OF FEDERAL LABOR-MAN- graph (2) and inserting in lieu thereof the ‘‘Sec. 120. National mission of National Imagery AGEMENT RELATIONS SYSTEM.—Section following: and Mapping Agency. 7103(a)(3) of title 5, United States Code is ‘‘Sec. 121. Collection tasking authority.’’. ‘‘(2) through the National Imagery and amended— Mapping Agency (except as otherwise di- SEC. 924. OTHER PERSONNEL MANAGEMENT AU- (1) by inserting ‘‘or’’ at the end of subpara- THORITIES. rected by the President or the National Se- graph (F); (a) COMPARABLE TREATMENT WITH OTHER curity Council), with appropriate representa- (2) by striking out ‘‘; or’’ at the end of sub- INTELLIGENCE SENIOR EXECUTIVE SERVICES.— tion from the intelligence community, the Title 5, United States Code, is amended as paragraph (G) and inserting in lieu thereof a continued operation of an effective unified follows: period; and organization within the Department of De- (1) In section 2108(3), by inserting ‘‘the Na- (3) by striking out subparagraph (H). (d) APPLICABILITY OF AUTHORITY AND PRO- fense— tional Imagery and Mapping Senior Execu- CEDURES FOR IMPOSING CERTAIN ADVERSE AC- ‘‘(A) for carrying out tasking of imagery tive Service,’’ after ‘‘the Senior Cryptologic TIONS.—Section 7511(b)(8) of title 5, United collection; Executive Service,’’ in the matter following States Code, is amended by striking out ‘‘(B) for the coordination of imagery proc- subparagraph (F)(iii). ‘‘Central Imagery Office’’. essing and exploitation activities; (2) In section 6304(f)(1), by— ‘‘(C) for ensuring the dissemination of im- (A) by striking out ‘‘or’’ at the end of sub- SEC. 925. CREDITABLE CIVILIAN SERVICE FOR agery in a timely manner to authorized re- paragraph (D); CAREER CONDITIONAL EMPLOYEES OF THE DEFENSE MAPPING AGENCY. cipients; and (B) by striking out the period at the end of In the case of an employee of the National ‘‘(D) notwithstanding any other provision in subparagraph (E) and inserting in lieu Imagery and Mapping Agency who, on the of law, for— thereof ‘‘; or’’; and day before the effective date of this subtitle, ‘‘(i) prescribing technical architecture and (C) by adding at the end the following: was an employee of the Defense Mapping standards related to imagery intelligence ‘‘(F) the National Imagery and Mapping Agency in a career-conditional status, the and geospatial information and ensuring Senior Executive Service.’’; and continuous service of that employee as an compliance with such architecture and (3) In sections 8336(h)(2) and 8414(a)(2), by employee of the National Imagery and Map- standards; and striking out ‘‘or the Senior Cryptologic Ex- ping Agency on and after such date shall be ‘‘(ii) developing and fielding systems of ecutive Service’’ and inserting in lieu there- considered creditable service for the purpose common concern related o imagery intel- of ‘‘, the Senior Cryptologic Executive Serv- of any determination of the career status of ligence and geospatial information;’’. ice, or the National Imagery and Mapping ø the employee. (b) APPOINTMENT OF DIRECTOR.—Section Senior Executive Service’’. 106 of such Act (50 U.S.C. 403–6) is amended— (b) CENTRAL IMAGERY OFFICE PERSONNEL SEC. 926. SAVING PROVISIONS. ø (1) by striking out subsection (b); and MANAGEMENT AUTHORITIES.— (a) CONTINUING EFFECT ON LEGAL DOCU- ø (2) in subsection (a)— (1) NONDUPLICATION OF COVERAGE BY DE- MENTS.—All orders, determinations, rules, ø (A) by inserting ‘‘the National Imagery FENSE INTELLIGENCE SENIOR EXECUTIVE SERV- regulations, permits, agreements, inter- and Mapping Agency,’’ after ‘‘the National ICE.—Section 1601 of title 10, United States national agreements, grants, contracts, Reconnaissance Office,’’; and Code, is amended— leases, certificates, licenses, registrations, ø(B) by striking out ‘‘(a) CONSULTATION (A) in subsection (a), by striking out ‘‘and privileges, and other administrative ac- WITH REGARD TO CERTAIN APPOINTMENTS.— the Central Imagery Office’’; tions— ’’.¿ (B) in subsection (d), by striking out ‘‘or (1) which have been issued, made, granted, (b) NATIONAL MISSION.—Title I of such Act (50 the Central Imagery Office in which the or allowed to become effective by the Presi- U.S.C. 402 et seq.) is amended by adding at the member’s expertise and experience may be of dent, any Federal agency or official thereof, end the following: benefit to the Defense Intelligence Agency, or by a court of competent jurisdiction, in ‘‘NATIONAL MISSION OF NATIONAL IMAGERY AND the Central Imagery Office,’’ in the first sen- connection with any of the functions which MAPPING AGENCY tence and inserting in lieu thereof ‘‘in which are transferred under this subtitle or any ‘‘SEC. 120. (a) IN GENERAL.—In addition to the the member’s expertise and experience may function that the National Imagery and Department of Defense missions set forth in sec- be of benefit to the Defense Intelligence Mapping Agency is authorized to perform by tion 442 of title 10, United States Code, the Na- Agency’’; and law, and tional Imagery and Mapping Agency shall also (C) in subsection (e), by striking out ‘‘and (2) which are in effect at the time this title support the imagery requirements of the Depart- the Central Imagery Office’’ in the first sen- takes effect, or were final before the effec- ment of State and other departments and agen- tence. tive date of this subtitle and are to become cies of the United States outside the Department (2) MERIT PAY.—Section 1602 of such title is effective on or after the effective date of this of Defense. amended by striking out ‘‘and Central Im- subtitle, ‘‘(b) REQUIREMENTS AND PRIORITIES.—The Di- agery Office’’. shall continue in effect according to their rector of Central Intelligence shall establish re- (3) MISCELLANEOUS AUTHORITIES.—Sub- terms until modified, terminated, super- quirements and priorities governing the collec- section 1604 of such title is amended— seded, set aside, or revoked in accordance

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6345 with law by the President, the Secretary of Office’’ and inserting in lieu thereof ‘‘Na- ‘‘§ 1336. National Imagery and Mapping Agen- Defense, the Director of the National Im- tional Imagery and Mapping Agency’’. cy: special publications’’. agery and Mapping Agency or other author- (2) DEFENSE MAPPING AGENCY.—In sections (2) CLERICAL AMENDMENT.—The item relat- ized official, a court of competent jurisdic- 451(1), 452, 453, 454, and 455 (in subsections (a) ing to such section in the tables of sections tion, or by operation of law. and (b)(1)(C)), and 456, as redesignated by sec- at the beginning of chapter 13 of such title is (b) PROCEEDINGS NOT AFFECTED.—This sub- tion 921(b), by striking out ‘‘Defense Map- amended to read as follows: title and the amendments made by this sub- ping Agency’’ each place it appears and in- ‘‘1336. National Imagery and Mapping Agen- title shall not affect any proceedings, includ- serting in lieu thereof ‘‘National Imagery cy: special publications.’’. ing notices of proposed rulemaking, or any and Mapping Agency’’. ø(c) NATIONAL SECURITY ACT OF 1947.—(1) application for any license, permit, certifi- (c) OTHER LAWS.— The heading of section 106 of the National cate, or financial assistance pending before (1) NATIONAL SECURITY ACT OF 1947.—Section Security Act of 1947 (50 U.S.C. 403–6) is an element of the Department of Defense or 3(4)(E) of the National Security Act of 1947 amended to read as follows: Central Intelligence Agency at the time this (50 U.S.C. 401a(4)(E) is amended by striking ø subtitle takes effect, with respect to func- out ‘‘Central Imagery Office’’ and inserting ‘‘CONSULTATION WITH REGARD TO CERTAIN tion of that element transferred by section in lieu thereof ‘‘National Imagery and Map- APPOINTMENTS’’. 922, but such proceedings and applications ping Agency’’. ø(2) The item relating to such section in shall be continued. Orders shall be issued in (2) ETHICS IN GOVERNMENT ACT OF 1978.—Sec- the table of contents in the first section of such proceedings, appeals shall be taken tion 105(a) of the Ethics in Government Act such Act is amended to read as follows: therefrom, and payments shall be made pur- of 1978 (Public Law 95–521; 5 U.S.C. App. 4) is øSec. 106. Consultation with regard to cer- suant to such orders, as if this subtitle had amended by striking out ‘‘Central Imagery tain appointments.’’.¿ not been enacted, and orders issued in any Office’’ and inserting in lieu thereof ‘‘Na- SEC. 934. EFFECTIVE DATES. such proceedings shall continue in effect tional Imagery and Mapping Agency’’. (a) IN GENERAL.—Except as provided in until modified, terminated, superseded, or (3) EMPLOYEE POLYGRAPH PROTECTION subsection (b), this subtitle and the amend- revoked by a duly authorized official, by a ACT.—Section 7(b)(2)(A)(i) of the Employee ments made by this subtitle shall take effect court of competent jurisdiction, or by oper- Polygraph Protection Act of 1988 (Public on the later of October 1, 1996, or the date of ation of law. Nothing in this section shall be Law 100–347; 29 U.S.C. 2006(b)(2)(A)(i)) is the enactment of an Act appropriating funds deemed to prohibit the discontinuance or amended by striking out ‘‘Central Imagery for fiscal year 1997 for the National Imagery modification of any such proceeding under Office’’ and inserting in lieu thereof ‘‘Na- and Mapping Agency. the same terms and conditions and to the tional Imagery and Mapping Agency’’. (b) EXCEPTION.—Section 928 shall take ef- same extent that such proceeding could have (d) CROSS REFERENCE.—Section 82 of title fect on the date of the enactment of this Act. been discontinued or modified if this subtitle 14, United States Code, is amended by strik- TITLE X—GENERAL PROVISIONS had not been enacted. ing out ‘‘chapter 167’’ and inserting in lieu Subtitle A—Financial Matters (c) SEVERABILITY.—If any provision of this thereof ‘‘subchapter II of chapter 22’’. SEC. 1001. TRANSFER AUTHORITY. subtitle (or any amendment made by this SEC. 933. HEADINGS AND CLERICAL AMEND- subtitle), or the application of such provision MENTS. (a) AUTHORITY TO TRANSFER AUTHORIZA- (or amendment) to any person or cir- (a) TITLE 10, UNITED STATES CODE.— TIONS.—(1) Upon determination by the Sec- cumstance is held unconstitutional, the re- (1) HEADING.—The heading of chapter 83 of retary of Defense that such action is nec- mainder of this subtitle (or of the amend- title 10, United States Code, is amended to essary in the national interest, the Sec- ments made by this subtitle) shall not be af- read as follows: retary may transfer amounts of authoriza- tions made available to the Department of fected by that holding. ‘‘CHAPTER 83—DEFENSE INTELLIGENCE Defense in this division for fiscal year 1997 SEC. 927. DEFINITIONS. AGENCY CIVILIAN PERSONNEL’’. In this part, the terms ‘‘function’’, ‘‘im- between any such authorizations for that fis- (2) CLERICAL AMENDMENTS.—(A) The table agery’’, ‘‘imagery intelligence’’, and cal year (or any subdivisions thereof). of chapters at the beginning of subtitle A of ‘‘geospatial information’’ have the meanings Amounts of authorizations so transferred title 10, United States Code, is amended— given those terms in section 461 of title 10, shall be merged with and be available for the (i) by striking out the item relating to United States Code, as added by section 921. same purposes as the authorization to which chapter 22 and inserting in lieu thereof the transferred. SEC. 928. AUTHORIZATION OF APPROPRIATIONS. following: Funds are authorized to be appropriated (2) The total amount of authorizations for the National Imagery and Mapping Agen- ‘‘22. National Imagery and Mapping that the Secretary of Defense may transfer cy for fiscal year 1997 in amounts and for Agency ...... 441 under the authority of this section may not purposes, and subject to the terms, condi- ‘‘23. Miscellaneous Studies and Re- exceed $2,000,000,000...... tions, limitations, restrictions, and require- ports 471’’; (b) LIMITATIONS.—The authority provided (ii) by striking out the item relating to ments, that are set forth in the Classified by this section to transfer authorizations— chapter 83 and inserting in lieu thereof the Annex to this Act. (1) may only be used to provide authority following: for items that have a higher priority than PART II—CONFORMING AMENDMENTS the items from which authority is trans- AND EFFECTIVE DATES ‘‘83. Defense Intelligence Agency Ci- vilian Personnel ...... 1601’’; ferred; and SEC. 931. REDESIGNATION AND REPEALS. and (2) may not be used to provide authority (a) REDESIGNATION.—Chapter 23 of title 10, (iii) by striking out the item relating to for an item that has been denied authoriza- United States Code (as redesignated by sec- chapter 167. tion by Congress. tion 921(a)(1)) is amended by redesignating (B) The table of chapters at the beginning (c) EFFECT ON AUTHORIZATION AMOUNTS.—A the section in that chapter as section 481. of part I of such subtitle is amended by transfer made from one account to another (b) REPEAL OF SUPERSEDED LAW.—Chapter striking out the item relating to chapter 22 under the authority of this section shall be 167 of such title, as amended by section and inserting in lieu thereof the following: deemed to increase the amount authorized 921(b), is repealed. for the account to which the amount is SEC. 932. REFERENCES. ‘‘22. National Imagery and Mapping ...... transferred by an amount equal to the (a) TITLE 5, UNITED STATES CODE.—Title 5, Agency 441 ‘‘23. Miscellaneous Studies and Re- amount transferred. United States Code, is amended as follows: (d) NOTICE TO CONGRESS.—The Secretary ports ...... 471’’; (1) CENTRAL IMAGERY OFFICE.—In sections (C) The item relating to chapter 83 in the shall promptly notify Congress of each trans- 2302(a)(2)(C)(ii), 3132(a)(1)(B), 4301(1) (in table of chapters at the beginning of part II fer made under subsection (a). clause (ii)), 4701(a)(1)(B), 5102(a)(1) (in clause of such subtitle is amended to read as fol- SEC. 1002. AUTHORITY FOR OBLIGATION OF CER- (xi)), 5342(a)(1)(L), 6339(a)(1)(E), and lows: TAIN UNAUTHORIZED FISCAL YEAR 7323(b)(2)(B)(i)(XIII), by striking out ‘‘Cen- 1996 DEFENSE APPROPRIATIONS. tral Imagery Office’’ and inserting in lieu ‘‘83. Defense Intelligence Agency Ci- (a) AUTHORITY.—The amounts described in thereof ‘‘National Imagery and Mapping vilian Personnel ...... 1601’’. subsection (b) may be obligated and ex- Agency’’. (D) The table of chapters at the beginning pended for programs, projects, and activities (2) DIRECTOR, CENTRAL IMAGERY OFFICE.—In of part IV of such subtitle is amended by of the Department of Defense in accordance section 6339(a)(2)(E), by striking out ‘‘Cen- striking out the item relating to chapter 167. with fiscal year 1996 defense appropriations. tral Imagery Office, the Director of the Cen- (E) The item in the table of sections at the (b) COVERED AMOUNTS.—The amounts re- tral Imagery Office’’ and inserting in lieu beginning of chapter 23 of title 10, United ferred to in subsection (a) are the amounts thereof ‘‘National Imagery and Mapping States Code (as redesignated by section 921), provided for programs, projects, and activi- Agency, the Director of the National Im- is amended to read as follows: ties of the Department of Defense in fiscal agery and Mapping Agency’’. ‘‘481. Racial and ethnic issues; biennial sur- year 1996 defense appropriations that are in (b) TITLE 10, UNITED STATES CODE.—Title vey; biennial report.’’. excess of the amounts provided for such pro- 10, United States Code, is amended as fol- (b) TITLE 44, UNITED STATES CODE.— grams, projects, and activities in fiscal year lows: (1) SECTION HEADING.—The heading of sec- 1996 defense authorizations. (1) CENTRAL IMAGERY OFFICE.—In section tion 1336 of title 44, United States Code, is (c) DEFINITIONS.—For the purposes of this 1599(f)(4), by striking out ‘‘Central Imagery amended to read as follows: section:

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(1) FISCAL YEAR 1996 DEFENSE APPROPRIA- ‘‘(B) The cost of any equipment, services, investments shall be available for the oper- TIONS.—The term ‘‘fiscal year 1996 defense or supplies acquired for the purpose of pro- ation and maintenance of Fisher houses that appropriations’’ means amounts appro- viding the assistance.’’. are located in proximity to medical treat- priated or otherwise made available to the øSEC. 1007. PROHIBITION ON EXPENDITURE OF ment facilities of the Navy.’’; and Department of Defense for fiscal year 1996 in DEPARTMENT OF DEFENSE FUNDS (3) in subsection (d)(1), by striking out ‘‘or the Department of Defense Appropriations BY OFFICIALS OUTSIDE THE DE- the Air Force’’ and inserting in lieu thereof Act, 1996 (Public Law 104–61). PARTMENT. ‘‘, the Air Force, or the Navy’’. ø (2) FISCAL YEAR 1996 DEFENSE AUTHORIZA- (a) PROHIBITION.—Section 2215 of title 10, (b) CORPUS OF TRUST FUNDS.—The Sec- TIONS.—The term ‘‘fiscal year 1996 defense United States Code, is amended to read as retary of the Navy shall transfer to the Fish- authorizations’’ means amounts authorized follows: er House Trust Fund, Department of the to be appropriated for the Department of De- ø‘‘§ 2215. Prohibition on expenditure of De- Navy, established by section 2221(a)(3) of fense for fiscal year 1996 in the National De- partment of Defense intelligence funds by title 10, United States Code (as added by sub- fense Authorization Act for Fiscal Year 1996 officials outside the department section (a)(1)), all amounts in the accounts (Public Law 104–106). ø‘‘(a) IN GENERAL.—Funds appropriated for for Navy installations and other facilities SEC. 1003. AUTHORIZATION OF PRIOR EMER- the Department of Defense for intelligence that, as of the date of the enactment of this GENCY SUPPLEMENTAL APPROPRIA- activities of that department may not be ob- Act, are available for operation and mainte- TIONS FOR FISCAL YEAR 1996. ligated or expended by an officer or em- nance of Fisher houses, as defined in section Amounts authorized to be appropriated to ployee of the United States who is not an of- 2221(d) of such title. the Department of Defense for fiscal year ficer or employee of the Department of De- (c) CONFORMING AMENDMENTS.—Section 1996 in the National Defense Authorization fense. 1321 of title 31, United States Code, is amend- Act for Fiscal Year 1996 (Public Law 104–106) ø‘‘(b) DELEGATION OF AUTHORITY PROHIB- ed— are hereby adjusted, with respect to any ITED.—An officer or employee of the Depart- (1) in subsection (a), by adding at the end such authorized amount, by the amount by ment of Defense may not delegate to an offi- the following: which appropriations pursuant to such au- cer or employee of the United States who is ‘‘(94) Fisher House Trust Fund, Depart- thorization were increased (by a supple- not an officer or employee of the Department ment of the Navy.’’; and mental appropriation) or decreased (by a re- of Defense any authority to obligate or ex- (2) in subsection (b)(2), by adding at the scission), or both, in the Omnibus Consoli- pend funds described in subsection (a).’’. end the following: dated Rescissions and Appropriations Act of ø(b) CLERICAL AMENDMENT.—The item re- ‘‘(D) Fisher House Trust Fund, Department 1996 (Public Law 104–134). lating to such section in the table of sections of the Navy.’’. SEC. 1004. USE OF FUNDS TRANSFERRED TO THE at the beginning of chapter 131 is amended to SEC. 1011. 1010. DESIGNATION AND LIABILITY OF COAST GUARD. read as follows: DISBURSING AND CERTIFYING OFFI- (a) LIMITATION.—Funds appropriated to the ø‘‘2215. Prohibition on expenditure of Depart- CIALS FOR THE COAST GUARD. Department of Defense for fiscal year 1997 ment of Defense intelligence (a) DISBURSING OFFICIALS.—(1) Section that are transferred to the Coast Guard may funds by officials outside the 3321(c) of title 31, United States Code, is be used only for the performance of national department.’’.¿ amended by adding at the end the following: security functions of the Coast Guard in sup- SEC. ø1008.¿ 1007. PROHIBITION ON USE OF ‘‘(3) The Department of Transportation port of the Department of Defense. FUNDS FOR OFFICE OF NAVAL IN- (with respect to public money available for (b) CERTIFICATION REQUIRED.—Funds de- TELLIGENCE REPRESENTATION OR expenditure by the Coast Guard when it is scribed in subsection (a) may not be trans- RELATED ACTIVITIES. not operating as a service in the Navy).’’. ferred to the Coast Guard until the Sec- None of the funds authorized to be appro- (2)(A) Chapter 17 of title 14, United States retary of Defense and the Secretary of priated by this Act or otherwise made avail- Code, is amended by adding at the end the Transportation jointly certify to Congress able for the Navy for fiscal year 1997 may be following: that the funds so transferred will be used obligated or expended by the Office of Naval ‘‘§ 673. Designation, powers, and account- only as described in subsection (a). Intelligence for official representation ac- ability of deputy disbursing officials (c) GAO AUDIT.—The Comptroller General tivities or related activities. of the United States shall— ø ¿ ‘‘(a)(1) Subject to paragraph (3), a dis- SEC. 1009. 1008. REIMBURSEMENT OF DEPART- bursing official of the Coast Guard may des- (1) audit, from time to time, the use of MENT OF DEFENSE FOR COSTS OF funds transferred to the Coast Guard from DISASTER ASSISTANCE PROVIDED ignate a deputy disbursing official— appropriations for the Department of De- OUTSIDE THE UNITED STATES. ‘‘(A) to make payments as the agent of the fense for fiscal year 1997 in order to verify Section 404 of title 10, United States Code, disbursing official; that the funds are being used in accordance is amended— ‘‘(B) to sign checks drawn on disbursing ac- with the limitation in subsection (a); and (1) by redesignating subsection (d) as sub- counts of the Secretary of the Treasury; and (2) notify the congressional defense com- section (e); and ‘‘(C) to carry out other duties required mittees of any use of such funds that, in the (2) by inserting after subsection (c) the fol- under law. judgment of the Comptroller General, is a lowing new subsection (d): ‘‘(2) The penalties for misconduct that significant violation of such limitation. ‘‘(d) REIMBURSEMENT POLICY.—It is the apply to a disbursing official apply to a dep- uty disbursing official designated under this SEC. 1005. USE OF MILITARY-TO-MILITARY CON- sense of Congress that, whenever the Presi- TACTS FUNDS FOR PROFESSIONAL dent directs the Secretary of Defense to pro- subsection. MILITARY EDUCATION AND TRAIN- vide disaster assistance outside the United ‘‘(3) A disbursing official may make a des- ING. States under subsection (a)— ignation under paragraph (1) only with the Section 168(c) of title 10, United States ‘‘(1) the President should direct the Admin- approval of the Secretary of Transportation Code, is amended by adding at the end the istrator of the Agency for International De- (when the Coast Guard is not operating as a following: velopment to reimburse the Department of service in the Navy). ‘‘(9) Military education and training for Defense for the cost to the Department of ‘‘(b)(1) If a disbursing official of the Coast military and civilian personnel of foreign Defense of the assistance provided; and Guard dies, becomes disabled, or is separated countries (including transportation ex- ‘‘(2) a reimbursement by the Administrator from office, a deputy disbursing official may penses, expenses for translation services, and should be paid out of funds available under continue the accounts and payments in the administrative expenses to the extent that chapter 9 of part I of the Foreign Assistance name of the former disbursing official until the expenses are related to the providing of Act of 1961 for international disaster assist- the last day of the second month after the such education and training to such per- ance for the fiscal year in which the cost is month in which the death, disability, or sep- sonnel).’’. incurred.’’. aration occurs. The accounts and payments SEC. 1006. PAYMENT OF CERTAIN EXPENSES RE- SEC. ø1010.¿ 1009. FISHER HOUSE TRUST FUND shall be allowed, audited, and settled as pro- LATING TO HUMANITARIAN AND FOR THE NAVY. vided by law. The Secretary of the Treasury CIVIC ASSISTANCE. (a) AUTHORITY.—Section 2221 of title 10, shall honor checks signed in the name of the Section 401(c) of title 10, United States United States Code, is amended— former disbursing official in the same way as Code, is amended— (1) in subsection (a), by adding at the end if the former disbursing official had contin- (1) by redesignating paragraph (2) as para- the following: ued in office. graph (3); and ‘‘(3) The Fisher House Trust Fund, Depart- ‘‘(2) The deputy disbursing official, and not (2) by inserting after paragraph (1) the fol- ment of the Navy.’’; the former disbursing official or the estate of lowing new paragraph (2): (2) in subsection (c)— the former disbursing official, is liable for ‘‘(2) Expenses covered by paragraph (1) in- (A) by redesignating paragraph (3) as para- the actions of the deputy disbursing official clude the following expenses incurred in the graph (4); and under this subsection. providing of assistance described in sub- (B) by inserting after paragraph (2) the fol- ‘‘(c)(1) Except as provided in paragraph (2), section (e)(5): lowing new paragraph (3): this section does not apply to the Coast ‘‘(A) Travel, transportation, and subsist- ‘‘(3) Amounts in the Fisher House Trust Guard when section 2773 of title 10 applies to ence expenses of Department of Defense per- Fund, Department of the Navy, that are at- the Coast Guard by reason of the operation sonnel providing the assistance. tributable to earnings or gains realized from of the Coast Guard as a service in the Navy.

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‘‘(2) A designation of a deputy disbursing ‘‘(7) a Federal credit union (as defined in (b) VESSELS COVERED.—The requirement in official under subsection (a) that is made section 101(1) of the Federal Credit Union subsection (a) applies to the six decommis- while the Coast Guard is not operating as a Act (12 U.S.C. 1752(1)) that is operating at sioned Cherokee class tugboats, listed as of service in the Navy continues in effect for Department of Defense invitation in a for- the date of the enactment of this Act as purposes of section 2773 of title 10 while the eign country where contractor-operated being surplus to the Navy, that are des- Coast Guard operates as a service in the military banking facilities are not avail- ignated as ATF–105, ATF–110, ATF–149, ATF– Navy unless and until the designation is ter- able.’’. 158, ATF–159, and ATF–160. minated by the disbursing official who made Subtitle B—Naval Vessels and Shipyards (c) CONDITION RELATING TO ENVIRONMENTAL the designation or an official authorized to SEC. 1021. AUTHORITY TO TRANSFER NAVAL VES- COMPLIANCE.—The Secretary shall require as approve such a designation under subsection SELS. a condition of the transfer of a vessel under (a)(3) of such section.’’. (a) EGYPT.—The Secretary of the Navy subsection (a) that use of the vessel by the (B) The table of sections at the beginning may transfer to the Government of Egypt Commission not commence until the terms of such chapter is amended by adding at the the ‘‘OLIVER HAZARD PERRY’’ frigate of any necessary environmental compliance end the following: GALLERY. Such transfer shall be on a sales letter or agreement with respect to that ves- ‘‘673. Designation, powers, and account- basis under section 21 of the Arms Export sel have been complied with. ability of deputy disbursing of- Control Act (22 U.S.C. 2761; relating to the (d) ADDITIONAL TERMS AND CONDITIONS.— ficials.’’. foreign military sales program). The Secretary may require such additional (b) MEXICO.—The Secretary of the Navy (b) DESIGNATION OF MEMBERS OF THE ARMED terms and conditions (including a require- may transfer to the Government of Mexico FORCES TO HAVE AUTHORITY TO CERTIFY ment that the transfer be at no cost to the the ‘‘KNOX’’ class frigates STEIN (FF 1065) VOUCHERS.—Section 3325(b) of title 31, United Government) in connection with the trans- and MARVIN SHIELDS (FF 1066). Such States Code, is amended by striking out fers required by subsection (a) as the Sec- transfers shall be on a sales basis under sec- ‘‘members of the armed forces under the ju- retary considers appropriate. tion 21 of the Arms Export Control Act (22 risdiction of the Secretary of Defense may U.S.C. 2761). SEC. 1023. REPEAL OF REQUIREMENT FOR CON- certify vouchers when authorized, in writing, TINUOUS APPLICABILITY OF CON- (c) NEW ZEALAND.—The Secretary of the by the Secretary to do so’’ and inserting in TRACTS FOR PHASED MAINTENANCE Navy may transfer to the Government of OF AE CLASS SHIPS. lieu thereof ‘‘members of the armed forces New Zealand the ‘‘STALWART’’ class ocean may certify vouchers when authorized, in surveillance ship TENACIOUS. Such transfer Section 1016 of the National Defense Au- writing, by the Secretary of Defense or, in shall be on a sales basis under section 21 of thorization Act for Fiscal Year 1996 (Public the case of the Coast Guard when it is not the Arms Export Control Act (22 U.S.C. 2761). Law 104–106; 110 Stat. 425) is repealed. operating as a service in the Navy, by the (d) PORTUGAL.—The Secretary of the Navy SEC. 1024. CONTRACT OPTIONS FOR LMSR VES- Secretary of Transportation’’. may transfer to the Government of Portugal SELS. (c) CONFORMING AMENDMENTS.—(1) Section the ‘‘STALWART’’ class ocean surveillance (a) FINDINGS.—Congress reaffirms the find- 1007(a) of title 37, United States Code, is ship AUDACIOUS. Such transfer shall be on ings set forth in section 1013(a) of the Na- amended by inserting after ‘‘Secretary of De- a grant basis under section 516 of the Foreign tional Defense Authorization Act for Fiscal fense’’ the following: ‘‘(or the Secretary of Assistance Act of 1961 (22 U.S.C. 2321j; relat- Year 1996 (Public Law 104–106; 110 Stat. 422), Transportation, in the case of an officer of ing to transfers of excess defense articles). and makes the following modifications and the Coast Guard when the Coast Guard is not (e) TAIWAN.—The Secretary of the Navy supplemental findings: operating as a service in the Navy)’’. may transfer to the Taipei Economic and (1) Since the findings set forth in section (2) Section 3527(b)(1) of title 31, United Cultural Representative Office in the United 1013(a) of such Act were originally formu- States Code, is amended— States (which is the Taiwan instrumentality lated, the Secretary of the Navy has exer- (A) in subparagraph (A)(i), by inserting designated pursuant to section 10(a) of the cised options for the acquisition of two of after ‘‘Department of Defense’’ the following: Taiwan Relations Act) the following: the six additional large, medium-speed, roll- ‘‘(or the Secretary of Transportation, in the (1) The ‘‘KNOX’’ class frigates AYLWIN on/roll-off (LMSR) vessels that may be ac- case of a disbursing official of the Coast (FF 1081), PHARRIS (FF 1094), and VALDEZ quired by exercise of options provided for Guard when the Coast Guard is not operating (FF 1096). Such transfers shall be on a sales under contracts covering the acquisition of a as a service in the Navy)’’; and basis under section 21 of the Arms Export total of 17 LMSR vessels. (B) in subparagraph (B), by inserting after Control Act (22 U.S.C. 2761). (2) Therefore, under those contracts, the ‘‘or the Secretary of the appropriate mili- (2) The ‘‘NEWPORT’’ class tank landing Secretary has placed orders for the acquisi- tary department’’ the following: ‘‘(or the ship NEWPORT (LST 1179). Such transfer tion of 13 LMSR vessels and has remaining Secretary of Transportation, in the case of a shall be on a lease basis under section 61 of options for the acquisition of four more disbursing official of the Coast Guard when the Arms Export Control Act (22 U.S.C. 2796). LMSR vessels, all of which would be new the Coast Guard is not operating as a service (f) THAILAND.—The Secretary of the Navy construction vessels. in the Navy)’’. may transfer to the Government of Thailand (3) The remaining options allow the Sec- SEC. ø1012.¿ 1011. AUTHORITY TO SUSPEND OR the ‘‘KNOX’’ class frigate OUELLET (FF retary to place orders for one vessel to be TERMINATE COLLECTION ACTIONS 1077). Such transfer shall be on a sales basis constructed at each of two shipyards for AGAINST DECEASED MEMBERS OF under section 21 of the Arms Export Control THE COAST GUARD. award before December 31, 1996, and Decem- Act (22 U.S.C. 2761). ber 31, 1997, respectively. Section 3711(g) of title 31, United States (g) COSTS OF TRANSFER.—Any expense of Code, is amended— the United States in connection with a (b) SENSE OF CONGRESS.—Congress also re- (1) in paragraph (1), by striking out ‘‘or transfer authorized by this section shall be affirms its declaration of the sense of Con- Marine Corps’’ and inserting in lieu thereof charged to the recipient. gress, as set forth in section 1013(b) of Public ‘‘Marine Corps, or Coast Guard’’; (h) REPAIR AND REFURBISHMENT OF VES- Law 104–106, that the Secretary of the Navy (2) by redesignating paragraph (2) as para- SELS.—The Secretary of the Navy shall re- should plan for, and budget to provide for, graph (3); and quire, to the maximum extent possible, as a the acquisition as soon as possible of a total (3) by inserting after paragraph (1) the fol- condition of a transfer of a vessel under this of 19 large, medium-speed, roll-on/roll-off lowing new paragraph (2): section, that the country to which the vessel (LMSR) vessels (the number determined to ‘‘(2) The Secretary of Transportation may is transferred have such repair or refurbish- be required in the report entitled ‘‘Mobility suspend or terminate an action by the Sec- ment of the vessel as is needed, before the Requirements Study Bottom-Up Review Up- retary under subsection (a) to collect a claim vessel joins the naval forces of that country, date’’, submitted by the Secretary of Defense against the estate of a person who died while performed at a shipyard located in the to Congress in April 1995), rather than only serving on active duty as a member of the United States, including a United States 17 such vessels (which is the number of ves- Coast Guard if the Secretary determines Navy shipyard. sels under contract as of April 1996). that, under the circumstances applicable (i) EXPIRATION OF AUTHORITY.—Any author- (c) ADDITIONAL NEW CONSTRUCTION CON- with respect to the deceased person, it is ap- ity for transfer granted by this section shall TRACT OPTION.—The Secretary of the Navy propriate to do so.’’. expire at the end of the 2-year period begin- should negotiate with each of the two ship- SEC. ø1013.¿ 1012. CHECK CASHING AND EX- ning on the date of the enactment of this yards holding new construction contracts re- CHANGE TRANSACTIONS WITH Act. ferred to in subsection (a)(1) (Department of CREDIT UNIONS OUTSIDE THE SEC. 1022. TRANSFER OF CERTAIN OBSOLETE the Navy contracts numbered N00024–93–C– UNITED STATES. TUGBOATS OF THE NAVY. 2203 and N00024–93–C–2205) for an option Section 3342(b) of title 31, United States (a) REQUIREMENT TO TRANSFER VESSELS.— under each such contract for construction of Code, is amended— The Secretary of the Navy shall transfer the one additional such LMSR vessel, with such (1) by striking out ‘‘and’’ at the end of six obsolete tugboats of the Navy specified in option to be available to the Secretary for paragraph (5); subsection (b) to the Northeast Wisconsin exercise not earlier than fiscal year 1998, (2) by striking out the period at the end of Railroad Transportation Commission, an in- subject to the availability of funds author- paragraph (6) and inserting in lieu thereof ‘‘; strumentality of the State of Wisconsin. ized and appropriated for such purpose. and’’; and Such transfers shall be made without reim- Nothing in this subsection shall be construed (3) by adding at the end the following: bursement to the United States. to preclude the Secretary of the Navy from

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6348 CONGRESSIONAL RECORD — SENATE June 18, 1996 competing the award of the two options be- (1) jointly investigate the operations of the this section may take or be required to take tween the two shipyards holding new con- National Drug Intelligence Center, Johns- an oath of allegiance to the host country or struction contracts referred to in subsection town, Pennsylvania; and to hold an official capacity in the govern- (a)(1). (2) not later than March 31, 1997, jointly ment of such country. (d) REPORT.—The Secretary of the Navy submit to the President pro tempore of the ‘‘(f) RELATIONSHIP TO OTHER AUTHORITY.— shall submit to the congressional defense Senate and the Speaker of the House of Rep- Nothing in this section limits any authority committees, by March 31, 1997, a report stat- resentatives a report on the results of the in- of the secretaries of the military depart- ing the intentions of the Secretary regarding vestigation. ments to enter into an agreement with the the acquisition of options for the construc- (b) CONTENT OF REPORT.—The joint report government of a foreign country to provide tion of two additional LMSR vessels as de- shall contain a determination regarding for exchange of members of the armed forces scribed in subsection (c). whether there is a significant likelihood that and military personnel of the foreign coun- (e) REPEAL OF SUPERSEDED PROVISION.— the funding of the operation of the National try except that subsections (c) and (d) shall Section 1013 of the National Defense Author- Drug Intelligence Center, a domestic law en- apply in the exercise of that authority. The ization Act for Fiscal Year 1996 (Public Law forcement program, through an appropria- Secretary of Defense may prescribe regula- 104–106; 110 Stat 422) is amended by striking tion under the control of the Director of Cen- tions for the application of such subsections out subsection (c). tral Intelligence will result in a violation of in the exercise of such authority.’’. (b) CLERICAL AMENDMENT.—The table of Subtitle C—Counter-Drug Activities the National Security Act of 1947 or Execu- tive Order 12333. sections at the beginning of subchapter II of SEC. 1031. AUTHORITY TO PROVIDE ADDITIONAL such chapter is amended by adding at the SUPPORT FOR COUNTER-DRUG AC- Subtitle D—Matters Relating to Foreign end the following new item: TIVITIES OF MEXICO. Countries (a) AUTHORITY TO PROVIDE ADDITIONAL ‘‘2350l. Exchange of defense personnel be- SEC. 1041. AGREEMENTS FOR EXCHANGE OF DE- tween the United States and SUPPORT.—The Secretary of Defense may, FENSE PERSONNEL BETWEEN THE during fiscal year 1997, provide the Govern- UNITED STATES AND FOREIGN foreign countries.’’. ment of Mexico the support described in sub- COUNTRIES. SEC. 1042. AUTHORITY FOR RECIPROCAL EX- section (b) for the counter-drug activities of (a) EXCHANGE AUTHORITY.—Subchapter II CHANGE OF PERSONNEL BETWEEN the Government of Mexico. Such support of chapter 138 of title 10, United States Code, THE UNITED STATES AND FOREIGN is amended by adding at the end the fol- COUNTRIES FOR FLIGHT TRAINING. shall be in addition to support provided the Section 544 of the Foreign Assistance Act lowing new section: Government of Mexico under any other pro- of 1961 (22 U.S.C. 2347c) is amended— vision of law. ‘‘§ 2350l. Exchange of defense personnel be- (1) by inserting ‘‘, and for attendance of (b) TYPES OF SUPPORT.—The Secretary may tween the United States and foreign coun- foreign military personnel at flight training provide the following support under sub- tries schools or programs (including test pilot section (a): ‘‘(a) INTERNATIONAL EXCHANGE AGREE- schools) in the United States,’’ after ‘‘(other (1) The transfer of spare parts and non-le- MENTS AUTHORIZED.—The Secretary of De- than service academies)’’; and thal equipment and materiel, including ra- fense is authorized to enter into agreements (2) by striking out ‘‘and comparable insti- dios, night vision goggles, global positioning with the governments of allies of the United tutions’’ and inserting in lieu thereof ‘‘ or systems, uniforms, command, control, com- States and other friendly foreign countries flight training schools or programs, as the munications, and intelligence (C3I) integra- for the exchange of military and civilian per- case may be, and comparable institutions, tion equipment, detection equipment, and sonnel of the Department of Defense and schools, or programs’’. monitoring equipment. military and civilian personnel of the de- (2) The maintenance and repair of equip- SEC. 1043. EXTENSION OF COUNTERPRO- fense ministries of such foreign govern- LIFERATION AUTHORITIES. ment of the Government of Mexico that is ments. Section 1505 of the Weapons of Mass De- used for counter-narcotics activities. ‘‘(b) ASSIGNMENT OF PERSONNEL.—(1) Pur- struction Control Act of 1992 (title XV of (c) APPLICABILITY OF OTHER SUPPORT AU- suant to an agreement entered into under Public Law 104–484; 22 U.S.C. 5859a) is amend- THORITIES.—Except as otherwise provided in subsection (a), personnel of the defense min- ed— this section, the provisions of section 1004 of istry of a foreign government may be as- (1) in subsection (d)(3)— the National Defense Authorization Act for signed to positions in the Department of De- (A) by striking out ‘‘fiscal year 1995, or’’ Fiscal Year 1991 (10 U.S.C. 374 note) shall fense, and personnel of the Department of and inserting in lieu thereof ‘‘fiscal year apply to the provision of support under this Defense may be assigned to positions in the 1995,’’; and section. defense ministry of that foreign government. (B) by inserting before the period at the (d) FUNDING.—Of the amounts authorized Positions to which exchanged personnel are to be appropriated for fiscal year 1997 for the end the following: ‘‘, $15,000,000 for fiscal assigned may include positions of instruc- year 1997, or $15,000,000 for fiscal year 1998’’; Department of Defense for drug interdiction tors. and counter-drug activities, not more than and ‘‘(2) An agreement for the exchange of per- (2) in subsection (f), by striking out ‘‘fiscal $10,000,000 shall be available in that fiscal sonnel engaged in research and development year for the provision of support under this year 1996’’ and inserting in lieu thereof ‘‘fis- activities may provide for assignment of De- cal year 1998’’. section. partment of Defense personnel to positions SEC. 1032. LIMITATION ON DEFENSE FUNDING OF in private industry that support the defense Subtitle E—Miscellaneous Reporting THE NATIONAL DRUG INTEL- ministry of the host foreign government. Requirements LIGENCE CENTER. ‘‘(3) A specific position and the individual SEC. 1051. ANNUAL REPORT ON EMERGING OPER- (a) LIMITATION ON USE OF FUNDS.—Except to be assigned to that position shall be ac- ATIONAL CONCEPTS. as provided in subsection (b), funds appro- ceptable to both governments. (a) REPORT REQUIRED.—Not later than priated or otherwise made available for the ‘‘(c) RECIPROCITY OF PERSONNEL QUALIFICA- March 1 of each year, the Chairman of the Department of Defense pursuant to this or TIONS REQUIRED.—Each government shall be Joint Chiefs of Staff shall submit to the any other Act may not be obligated or ex- required under an agreement authorized by Committee on Armed Services of the Senate pended for the National Drug Intelligence subsection (a) to provide personnel having and the Committee on National Security of Center, Johnstown, Pennsylvania. qualifications, training, and skills that are the House of Representatives a report on (b) EXCEPTION.—If the Attorney General essentially equal to those of the personnel emerging operational concepts. The report operates the National Drug Intelligence Cen- provided by the other government. shall contain a description, for the year pre- ter using funds available for the Department ‘‘(d) PAYMENT OF PERSONNEL COSTS.—(1) ceding the year in which submitted, of the of Justice, the Secretary of Defense may Each government shall pay the salary, per following: continue to provide Department of Defense diem, cost of living, travel, cost of language (1) The process undertaken in each of the intelligence personnel to support intel- or other training, and other costs for its own Army, Navy, Air Force, and Marine Corps to ligence activities at the Center. The number personnel in accordance with the laws and define and develop doctrine, operational con- of such personnel providing support to the regulations of such government that pertain cepts, organizational concepts, and acquisi- Center after the date of the enactment of to such matters. tion strategies based on— this Act may not exceed the number of the ‘‘(2) The requirement in paragraph (1) does (A) the potential of emerging technologies Department of Defense intelligence per- not apply to the following costs: for significantly improving the operational sonnel who are supporting intelligence ac- ‘‘(A) Cost of temporary duty directed by effectiveness of that armed force; tivities at the Center on the day before such the host government. (B) changes in the international order that date. ‘‘(B) Costs of training programs conducted may necessitate changes in the operational SEC. 1033. INVESTIGATION OF THE NATIONAL to familiarize, orient, or certify exchanged capabilities of that armed force; DRUG INTELLIGENCE CENTER. personnel regarding unique aspects of the ex- (C) emerging capabilities of potential ad- (a) INVESTIGATION REQUIRED.—The Inspec- changed personnel’s assignments. versary states; and tor General of the Department of Defense, ‘‘(C) Costs incident to the use of host gov- (D) changes in defense budget projections the Inspector General of the Department of ernment facilities in the performance of as- that put existing acquisition programs of the Justice, the Inspector General of the Central signed duties. service at risk. Intelligence Agency, and the Comptroller ‘‘(e) PROHIBITED CONDITIONS.—No personnel (2) The manner in which the process under- General of the United States shall— exchanged pursuant to an agreement under taken in each of the Army, Navy, Air Force,

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6349 and Marine Corps is harmonized with a joint ited internal sustainment capability and do application of the limitation under para- vision and with the similar processes of the not require immediate access to regional air graphs (2), (3), and (4) of subsection (a) to other armed forces to ensure that there is a bases or ports or overflight rights, including Trident ballistic missile submarines, Min- sufficient consideration of the development the following: uteman III intercontinental ballistic mis- of joint doctrine, operational concepts, and (A) Force units that are routinely deployed siles, and Peacekeeper intercontinental bal- acquisition strategies. forward at sea or on land outside the United listic missiles, respectively, to the extent (3) The manner in which the process under- States. that the Secretary determines necessary in taken by each of the Army, Navy, Air Force, (B) Combat-ready crises response forces order to implement the treaty. and Marine Corps is coordinated through the that are capable of mobilizing and deploying (c) START II TREATY DEFINED.—In this Joint Requirements Oversight Council or an- within 10 days after receipt of orders. section, the term ‘‘START II Treaty’’ means other entity to ensure that the results of the (C) Forces that are supported by the Treaty Between the United States of process are considered in the planning, pro- prepositioning equipment afloat or are capa- America and the Russian Federation on Fur- gramming, and budgeting process of the De- ble of being inserted into a theater upon the ther Reduction and Limitation of Strategic partment of Defense. capture of a port or airfield by forcible entry Offensive Arms, signed at Moscow on Janu- (4) Proposals under consideration by the forces. ary 3, 1993, including the following protocols Joint Requirements Oversight Council or (2) Combat-ready follow-on forces, or ‘‘Tier and memorandum of understanding, all such other entity within the Department of De- II’’ forces, that can be mobilized and de- documents being integral parts of and collec- fense to modify the roles and missions of any ployed to a theater within approximately 60 tively referred to as the ‘‘START II Treaty’’ of the Army, Navy, Air Force, and Marine days after receipt of orders. (contained in Treaty Document 103–1): Corps as a result of the processes described (3) Combat-ready conflict resolution (1) The Protocol on Procedures Governing in paragraph (1). forces, or ‘‘Tier III’’ forces, that can be mobi- Elimination of Heavy ICBMs and on Proce- (b) FIRST REPORT.—The first report under lized and deployed to a theater within ap- dures Governing Conversion of Silo Launch- this section shall be submitted not later proximately 180 days after receipt of orders. ers of Heavy ICBMs Relating to the Treaty than March 1, 1997. (4) All other active and reserve component Between the United States of America and (c) TERMINATION OF REQUIREMENT AFTER force units which are not categorized within the Russian Federation on Further Reduc- FOURTH REPORT.—Notwithstanding sub- a classification described in paragraph (1), tion and Limitation of Strategic Offensive section (a), no report is required under this (2), or (3). Arms (also known as the ‘‘Elimination and section after 2000. (e) FORM OF REPORT.—The report under Conversion Protocol’’). SEC. 1052. ANNUAL JOINT WARFIGHTING this section shall be submitted in unclassi- (2) The Protocol on Exhibitions and Inspec- SCIENCE AND TECHNOLOGY PLAN. fied form but may contain a classified annex. tions of Heavy Bombers Relating to the (a) ANNUAL PLAN REQUIRED.—On March 1 of Treaty Between the United States and the Subtitle F—Other Matters each year, the Secretary of Defense shall Russian Federation on Further Reduction submit to the Committee on Armed Services SEC. 1061. UNIFORM CODE OF MILITARY JUSTICE and Limitation of Strategic Offensive Arms of the Senate and the Committee on Na- AMENDMENTS. (also known as the ‘‘Exhibitions and Inspec- tional Security of the House of Representa- (a) TECHNICAL AMENDMENT REGARDING FOR- tions Protocol’’). tives a plan for ensuring that the science and FEITURES DURING CONFINEMENT ADJUDGED BY (3) The Memorandum of Understanding on technology program of the Department of A COURT-MARTIAL.—(1) Section 858b(a)(1) of Warhead Attribution and Heavy Bomber Defense supports the development of the fu- title 10, United States Code (article 58b(a)(1) Data Relating to the Treaty Between the ture joint warfighting capabilities identified of the Uniform Code of Military Justice), is United States of America and the Russian as priority requirements for the Armed amended— Federation on Further Reduction and Limi- Forces. (A) in the first sentence, by inserting ‘‘(if tation of Strategic Offensive Arms (also (b) FIRST PLAN.—The first plan shall be adjudged by a general court-martial)’’ after known as the ‘‘Memorandum on Attribu- submitted not later than March 1, 1997. ‘‘all pay and’’; and tion’’). (B) in the third sentence, by striking out SEC. 1053. REPORT ON MILITARY READINESS RE- SEC. 1063. CORRECTION OF REFERENCES TO DE- QUIREMENTS OF THE ARMED ‘‘two-thirds of all pay and allowances’’ and PARTMENT OF DEFENSE ORGANIZA- FORCES. inserting in lieu thereof ‘‘two-thirds of all TIONS. (a) REQUIREMENT.—Not later than January pay’’. (a) NORTH AMERICAN AEROSPACE DEFENSE 31, 1997, the Chairman of the Joint Chiefs of (2) The amendments made by paragraph (1) COMMAND.—Section 162 of title 10, United Staff shall submit to the congressional de- shall take effect as of April 1, 1996, and shall States Code, is amended in paragraphs (1), fense committees a report on the military apply to any case in which a sentence is ad- (2), and (3) of subsection (a) by striking out readiness requirements of the active and re- judged by a court-martial on or after that ‘‘North American Air Defense Command’’ serve components of the Armed Forces (in- date. and inserting in lieu thereof ‘‘North Amer- cluding combat units, combat support units, (b) EXCEPTED SERVICE APPOINTMENTS TO ican Aerospace Defense Command’’. and combat service support units) prepared CERTAIN NONATTORNEY POSITIONS OF THE (b) DEFENSE DISTRIBUTION CENTER, ANNIS- by the officers referred to in subsection (b). UNITED STATES COURT OF APPEALS FOR THE TON.—The Corporation for the Promotion of The report shall assess such requirements ARMED FORCES..—(1) Subsection (c) of sec- Rifle Practice and Firearms Safety Act (title under a tiered readiness and response system tion 943 of title 10, United States Code (arti- XVI of Public Law 104–106; 110 Stat. 515; 36 that categorizes a given unit according to cle 143(c) of the Uniform Code of Military U.S.C. 5501 et seq.) is amended by striking the likelihood that it will be required to re- Justice) is amended in paragraph (1), by in- out ‘‘Anniston Army Depot’’ each place it spond to a military conflict and the time in serting after the first sentence the following: appears in the following provisions and in- which it will be required to respond. ‘‘A position of employment under the Court serting in lieu thereof ‘‘Defense Distribution (b) OFFICERS.—The report required by sub- that is provided primarily for the service of Depot, Anniston’’: section (a) shall be prepared jointly by the one judge of the court, reports directly to (1) Section 1615(a)(3) (36 U.S.C. 5505(a)(3)). Chief of Staff of the Army, the Chief of Naval the judge, and is a position of a confidential (2) Section 1616(b) (36 U.S.C. 5506(b)). Operations, the Chief of Staff of the Air character is excepted from the competitive (3) Section 1619(a)(1) (36 U.S.C. 5509(a)(1)). Force, the Commandant of the Marine Corps, service.’’. SEC. 1064. AUTHORITY OF CERTAIN MEMBERS OF and the Commander of the Special Oper- (2) The caption for such subsection is THE ARMED FORCES TO PERFORM ations Command. amended by striking out ‘‘ATTORNEY’’ in the NOTARIAL OR CONSULAR ACTS. (c) ASSESSMENT SCENARIO.—The report subsection caption and inserting in lieu Section 1044a(b) of title 10, United States shall assess readiness requirements in a sce- thereof ‘‘CERTAIN’’. Code, is amended— nario based on the following assumptions: SEC. 1062. LIMITATION ON RETIREMENT OR DIS- (1) in paragraph (1), by striking out ‘‘on ac- (1) The conflict is in a generic theater of MANTLEMENT OF STRATEGIC NU- tive duty or performing inactive-duty for operations located anywhere in the world CLEAR DELIVERY SYSTEMS. training’’ and inserting in lieu thereof ‘‘of and does not exceed the notional limits for a (a) FUNDING LIMITATION.—Funds available the armed forces, including members of re- major regional contingency. to the Department of Defense may not be ob- serve components who are judge advocates (2) The forces available for deployment in- ligated or expended during fiscal year 1997 (whether or not in a duty status)’’; clude the forces described in the Bottom Up for retiring or dismantling, or for preparing (2) in paragraph (3), by striking out ‘‘adju- Review force structure, including all planned to retire or dismantle, any of the following tants on active duty or performing inactive- force enhancements. strategic nuclear delivery systems: duty training’’ and inserting in lieu thereof (3) Assistance is not available from allies. (1) B-52H bomber aircraft. ‘‘adjutants, including members of reserve (d) ASSESSMENT ELEMENTS.—The report (2) Trident ballistic missile submarines. components acting as such an adjutant shall identify by unit type, and assess the (3) Minuteman III intercontinental bal- (whether or not in a duty status)’’; and readiness requirements of, all active and re- listic missiles. (3) in paragraph (4), by striking out ‘‘per- serve component units. Each such unit shall (4) Peacekeeper intercontinental ballistic sons on active duty or performing inactive- be categorized within one of the following missiles. duty training’’ and inserting in lieu thereof classifications: (b) WAIVER AUTHORITY.—If the START II ‘‘members of the armed forces, including (1) Forward-deployed and crisis response Treaty enters into force during fiscal year members of reserve components (whether or forces, or ‘‘Tier I’’ forces, that possess lim- 1997, the Secretary of Defense may waive the not in a duty status),’’.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6350 CONGRESSIONAL RECORD — SENATE June 18, 1996 SEC. 1065. TRAINING OF MEMBERS OF THE UNI- tracts a disease as a result of tortious con- (1) in the first sentence of subsection (a)— FORMED SERVICES AT NON-GOV- duct of a third person, there is in effect for (A) by inserting ‘‘(independent of the ERNMENT FACILITIES. such a case (as a substitute or alternative for rights of the injured or diseased person)’’ (a) USE OF NON-GOVERNMENT FACILITIES.— compensation for damages through tort li- after ‘‘a right to recover’’; and Section 4105 of title 5, United States Code, is ability) a system of compensation or reim- (B) by inserting ‘‘, or that person’s in- amended— bursement for expenses of hospital, medical, surer,’’ after ‘‘from said third person’’; (1) by inserting ‘‘and members of a uni- surgical, or dental care and treatment or for (2) in subsection (d), as redesignated by formed service under the jurisdiction of the lost pay pursuant to a policy of insurance, subsection (a)(2)— head of the agency’’ after ‘‘employees of the contract, medical or hospital service agree- (A) by striking out ‘‘such right,’’ and in- agency’’; and ment, or similar arrangement, the United serting in lieu thereof ‘‘a right under sub- (2) by adding at the end the following: ‘‘For States shall be deemed to be a third-party sections (a), (b), and (c)’’; and the purposes of this section, the term ‘agen- beneficiary of such a policy, contract, agree- (B) by inserting ‘‘, or the insurance carrier cy’ includes a military department.’’. ment, or arrangement. or other entity responsible for the payment (b) EXPENSES OF TRAINING.—Section 4109 of ‘‘(2) For the purposes of paragraph (1)— or reimbursement of medical expenses or such title is amended— ‘‘(A) the expenses incurred or to be in- lost pay,’’ after ‘‘the third person who is lia- (1) in subsection (a)— curred by the United States for care and ble for the injury or disease’’ each place that (A) in the matter preceding paragraph (1), treatment for an injured or diseased member it appears. by striking out ‘‘under regulations pre- as described in subsection (a) shall be (c) APPLICABILITY.—The authority to col- scribed under section 4118(a)(8) of this title deemed to have been incurred by the mem- lect pursuant to the amendments made by and’’; ber; this section shall apply to expenses described (B) in paragraph (1), by inserting after ‘‘an ‘‘(B) the cost to the United States of the in the first section of Public Law 87–693 (as employee of the agency’’ the following: ‘‘, or pay of the member as described in subsection amended by this section) that are incurred, the pay of a member of a uniformed service (b) shall be deemed to have been pay lost by or are to be incurred, by the United States within the agency, who is’’; and the member as a result of the injury or dis- on or after the date of the enactment of this (C) in paragraph (2)— ease; and Act, whether the event from which the claim ‘‘(C) the United States shall be subrogated (i) in the matter preceding subparagraph arises occurred before, on, or after that date. (A), by inserting ‘‘or member of a uniformed to any right or claim that the injured or dis- eased member or the member’s guardian, SEC. 1067. DISPLAY OF STATE FLAGS AT INSTAL- service’’ after ‘‘reimburse the employee’’; LATIONS AND FACILITIES OF THE (ii) in subparagraph (A), by striking out personal representative, estate, dependents, DEPARTMENT OF DEFENSE. ‘‘commissioned officers of the National Oce- or survivors have under a policy, contract, (a) IN GENERAL.—Except as provided in anic and Atmospheric Administration’’ and agreement, or arrangement referred to in subsection (b) and notwithstanding any inserting in lieu thereof ‘‘a member of a uni- paragraph (1) to the extent of the reasonable other provision of law, no funds appropriated formed service’’; and value of the care and treatment and the or otherwise made available to the Depart- (iii) in subparagraph (B), by striking out total amount of the pay deemed lost under ment of Defense may be used to adopt or en- ‘‘commissioned officers of the National Oce- subparagraph (B).’’; force any rule or other prohibition that dis- anic and Atmospheric Administration’’ and (4) in subsection (d), as redesignated by criminates against the display of the official inserting in lieu thereof ‘‘a member of a uni- paragraph (2), by inserting ‘‘or paid for’’ flag of a particular State, territory, or pos- formed service’’; and after ‘‘treatment is furnished’’; and session of the United States at an official (2) by adding at the end the following: (5) by adding at the end the following: ceremony at any installation or other facil- ‘‘(f)(1) Any amounts recovered under this ‘‘(d) In the exercise of authority under sub- ity of the Department of Defense at which section for medical care and related services section (a) with respect to an employee of an the official flags of the other States, terri- furnished by a military medical treatment agency, the head of the agency shall comply facility or similar military activity shall be tories, or possessions of the United States with regulations prescribed under section credited to the appropriation or appropria- are being displayed. (b) POSITION AND MANNER OF DISPLAY.—The 4118(a)(8) of this title. tions supporting the operation of that facil- ‘‘(e) For the purposes of this section, the display of an official flag referred to in sub- ity or activity, as determined under regula- term ‘agency’ includes a military depart- tions prescribed by the Secretary of Defense. section (a) at an installation or other facil- ment.’’. ‘‘(2) Any amounts recovered under this sec- ity of the Department shall be governed by SEC. 1066. THIRD-PARTY LIABILITY TO UNITED tion for the cost to the United States of pay the provisions of section 3 of the Joint Reso- STATES FOR TORTIOUS INFLICTION of an injured or diseased member of the uni- lution of June 22, 1942 (56 Stat. 378, chapter OF INJURY OR DISEASE ON MEM- formed services shall be credited to the ap- 435; 36 U.S.C. 175), and any modification of BERS OF THE UNIFORMED SERV- propriation that supports the operation of such provisions under section 8 of that Joint ICES. the command, activity, or other unit to Resolution (36 U.S.C. 178). (a) RECOVERY OF PAY AND ALLOWANCES.— which the member was assigned at the time SEC. 1068. GEORGE C. MARSHALL EUROPEAN Section 1 of Public Law 87–693 (42 U.S.C. 2651) of the injury or illness, as determined under CENTER FOR STRATEGIC SECURITY is amended— regulations prescribed by the Secretary con- STUDIES. (1) in the first sentence of subsection (a)— cerned. (a) AUTHORITY TO ACCEPT FUNDS, MATE- (A) by inserting ‘‘or pay for’’ after ‘‘re- ‘‘(g) For the purposes of this section: RIALS, AND SERVICES.—(1) The Secretary of quired by law to furnish’’; and ‘‘(A) The term ‘uniformed services’ has the Defense may, on behalf of the George C. Mar- (B) by striking out ‘‘or to be furnished’’ meaning given such term in section 1072(1) of shall European Center for Strategic Security each place that phrase appears and inserting title 10, United States Code. Studies, accept gifts or donations of funds, in lieu thereof ‘‘, to be furnished, paid for, or ‘‘(B) The term ‘tortious conduct’ includes materials (including research materials), to be paid for’’; any tortious omission. property, and services (including lecture (2) by redesignating subsections (b) and (c) ‘‘(C) The term ‘pay’, with respect to a services and faculty services) from foreign as subsections (d) and (e), respectively; member of the uniformed services, means governments, foundations and other chari- (3) by inserting after subsection (a), the basic pay, special pay, and incentive pay table organizations in foreign countries, and following new subsections: that the member is authorized to receive individuals in foreign countries in order to ‘‘(b) If a member of the uniformed services under title 37, United States Code, or any defray the costs of the operation of the Cen- is injured, or contracts a disease, under cir- other law providing pay for service in the ter. cumstances creating a tort liability upon a uniformed services. (2) Funds received by the Secretary under third person (other than or in addition to the ‘‘(D) The term ‘Secretary concerned’ paragraph (1) shall be credited to appropria- United States and except employers of sea- means— tions available for the Department of De- men referred to in subsection (a)) for dam- ‘‘(i) the Secretary of Defense, with respect fense for the George C. Marshall European ages for such injury or disease and the mem- to the Army, the Navy, the Air Force, the Center for Strategic Security Studies. Funds ber is unable to perform the member’s reg- Marine Corps, and the Coast Guard (when it so credited shall be merged with the appro- ular military duties as a result of the injury is operating as a service in the Navy); priations to which credited and shall be or disease, the United States shall have a ‘‘(ii) the Secretary of Transportation, with available for the Center for the same pur- right (independent of the rights of the mem- respect to the Coast Guard when it is not op- poses and same period as the appropriations ber) to recover from the third person or an erating as a service in the Navy; with which merged. insurer of the third person, or both, the ‘‘(iii) the Secretary of Health and Human (b) PARTICIPATION OF FOREIGN NATIONS amount equal to the total amount of the pay Services, with respect to the Commissioned OTHERWISE PROHIBITED.—(1) The Secretary that accrues and is to accrue to the member Corps of the Public Health Service; and may permit representatives of a foreign gov- for the period for which the member is un- ‘‘(iv) the Secretary of Commerce, with re- ernment to participate in a program of the able to perform such duties as a result of the spect to the Commissioned Corps of the Na- George C. Marshall European Center for injury or disease and is not assigned to per- tional Oceanic and Atmospheric Administra- Strategic Security Studies, notwithstanding form other military duties. tion.’’. any other provision of law that would other- ‘‘(c)(1) If, pursuant to the laws of a State (b) CONFORMING AMENDMENTS.—Section 1 of wise prevent representatives of that foreign that are applicable in a case of a member of Public Law 87–693 (42 U.S.C. 2651) is amend- government from participating in the pro- the uniformed services who is injured or con- ed— gram. Before doing so, the Secretary shall

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determine, in consultation with the Sec- Force and the Army and, during such serv- (b) RETENTION OF EMPLOYEE POSITIONS.—In retary of State, that the participation of rep- ice, suffered wounds in combat that neces- the case of a military training installation resentatives of that foreign government in sitated the amputation of his left leg. described in subsection (a), the Secretary of the program is in the national interest of the (4) Michael O’Callaghan was awarded the Defense may retain civilian employee posi- United States. Silver Star, the Bronze Star with Valor De- tions of the Department of Defense at the in- (2) Not later than January 31 of each year, vice, and the Purple Heart for his military stallation after transfer to the National the Secretary of Defense shall, with the as- service. Guard of a State in order to facilitate active sistance of the Director of the Center, sub- (5) In 1963, Michael O’Callaghan became the and reserve component training at the in- mit to Congress a report setting forth the first director of the Health and Welfare De- stallation. The Secretary, in consultation foreign governments permitted to partici- partment of the State of Nevada. with the Adjutant General of the National pate in programs of the Center during the (6) In 1970, Michael O’Callaghan became Guard of that State, shall determine the ex- preceding year under the authority provided Governor of the State of Nevada and served tent to which positions at that installation in paragraph (1). in that position through 1978, making him are to be retained as positions in the Depart- (c) WAIVER OF CERTAIN REQUIREMENTS FOR one of only five two-term governors in the ment of Defense. BOARD OF VISITORS.—(1) The Secretary may history of the State of Nevada. (c) MAXIMUM NUMBER OF POSITIONS RE- waive the application of any financial disclo- (7) In 1982, Michael O’Callaghan received TAINED.—The maximum number of civilian sure requirement imposed by law to a foreign the Air Force Exceptional Service Award. employee positions retained at an installa- member of the Board of Visitors of the Cen- (8) It is appropriate to name the Nellis tion under this section shall not exceed 20 ter if that requirement would otherwise Federal Hospital, Las Vegas, Nevada, a hos- percent of the Federal civilian workforce apply to the member solely by reason of the pital operated jointly by the Department of employed at the installation as of September service as a member of the Board. The au- Defense, through Nellis Air Force Base, and 8, 1995. thority under the preceding sentence applies the Department of Veterans Affairs, through (d) REMOVAL OF POSITION.—The decision to only in the case of a foreign member who the Las Vegas Veterans Affairs Outpatient retain civilian employee positions at an in- serves on the Board without compensation. Clinic, after Michael O’Callaghan, a man stallation under this section shall cease to (2) Notwithstanding any other provision of who (A) has served his country with honor in apply to a position so retained on the date law, a member of the Board of Visitors may three branches of the Armed Forces, (B) as a on which the Secretary certifies to Congress not be required to register as an agent of a disabled veteran knows personally the tragic that it is no longer necessary to retain the foreign government solely by reason of serv- sacrifices that are so often made in the serv- position in order to ensure that effective ice as a member of the Board. ice of his country in the Armed Forces, and support is provided at the installation for ac- SEC. 1069. AUTHORITY TO AWARD TO CIVILIAN (C) has spent his entire career working to tive and reserve component training. PARTICIPANTS IN THE DEFENSE OF SEC. 1103. CLARIFICATION OF LIMITATION ON PEARL HARBOR THE CONGRES- improve the lives of all Nevadans. FURNISHING CLOTHING OR PAYING SIONAL MEDAL PREVIOUSLY AU- (b) DESIGNATION OF MICHAEL O’CALLAGHAN A UNIFORM ALLOWANCE TO EN- THORIZED ONLY FOR MILITARY FEDERAL HOSPITAL.—The Nellis Federal Hos- LISTED NATIONAL GUARD TECHNI- PARTICIPANTS IN THE DEFENSE OF pital, a Federal building located at 4700 CIANS. PEARL HARBOR. North Las Vegas Boulevard, Las Vegas, Ne- Section 418(c) of title 37, United States (a) AUTHORITY.—The Speaker of the House vada, is designated as the ‘‘Michael of Representatives and the President pro O’Callaghan Federal Hospital’’. Code, is amended by striking out ‘‘for which tempore of the Senate are authorized jointly (c) REFERENCES.—Any reference in a law, a uniform allowance is paid under section 415 to present, on behalf of Congress, a bronze map, regulation, document, paper, or other or 416 of this title’’ and inserting in lieu medal provided for under section 1492 of the record of the United States to the Federal thereof ‘‘for which clothing is furnished or a National Defense Authorization Act for Fis- building referred to in subsection (b) shall be uniform allowance is paid under this sec- cal Year 1991 (104 Stat. 1721) to any person deemed to be a reference to the ‘‘Michael tion’’. who meets the eligibility requirements set O’Callaghan Federal Hospital’’. SEC. 1104. TRAVEL EXPENSES AND HEALTH CARE forth in subsection (d) of that section other SEC. 1071. NAMING OF BUILDING AT THE UNI- FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE ABROAD. than the requirement for membership in the FORMED SERVICES UNIVERSITY OF (a) IN GENERAL.—Chapter 81 of title 10, Armed Forces, as certified under subsection THE HEALTH SCIENCES. United States Code, is amended by adding at (e) of that section or under subsection (b) of It is the sense of the Senate that the Sec- the end the following new section: this section. retary of Defense should name Building A at (b) CERTIFICATION.—The Secretary of De- the Uniformed Services University of the ‘‘§ 1599b. Employees abroad: travel expenses; fense shall, not later than 12 months after Health Sciences as the ‘‘David Packard health care the date of the enactment of this Act, certify Building’’. ‘‘(a) IN GENERAL.—The Secretary of De- to the Speaker of the House of Representa- TITLE XI—DEPARTMENT OF DEFENSE fense may provide civilian employees, and tives and the President pro tempore of the CIVILIAN PERSONNEL members of their families, abroad with bene- Senate the names of persons who are eligible Subtitle A—Personnel Management, Pay, and fits that are comparable to certain benefits for award of the medal under this Act and Allowances that are provided by the Secretary of State have not previously been certified under sec- SEC. 1101. SCOPE OF REQUIREMENT FOR CON- to members of the Foreign Service and their tion 1492(e) of the National Defense Author- VERSION OF MILITARY POSITIONS families abroad as described in subsections ization Act for Fiscal Year 1991. TO CIVILIAN POSITIONS. (b) and (c). The Secretary may designate the (c) APPLICATIONS.—Subsections (d)(2) and Section 1032(a) of the National Defense Au- employees and members of families who are (f) of section 1492 of the National Defense Au- thorization Act for Fiscal Year 1996 (Public eligible to receive the benefits. thorization Act for Fiscal Year 1991 shall Law 104–106; 110 Stat. 429; 10 U.S.C. 129a note) ‘‘(b) TRAVEL AND RELATED EXPENSES.—The apply in the administration of this Act. is amended— Secretary of Defense may pay travel ex- (d) ADDITIONAL STRIKING AUTHORITY.—The (1) by striking out the text of paragraph (1) penses and related expenses for purposes and Secretary of the Treasury shall strike such and inserting in lieu thereof the following: in amounts that are comparable to the pur- additional medals as may be necessary for ‘‘By September 30, 1996, the Secretary of De- poses for which, and the amounts in which, presentation under the authority of sub- fense shall convert at least 3,000 military po- travel and related expenses are paid by the section (a). sitions to civilian positions.’’; Secretary of State under section 901 of the (e) AUTHORIZATION OF APPROPRIATIONS.— (2) by striking out paragraph (2); and Foreign Service Act of 1980 (22 U.S.C. 4081). There is authorized to be appropriated such (3) by redesignating paragraph (3) as para- ‘‘(c) HEALTH CARE PROGRAM.—The Sec- sum as may be necessary to carry out this graph (2). retary of Defense may establish a health section. SEC. 1102. RETENTION OF CIVILIAN EMPLOYEE care program that is comparable to the (f) RETROACTIVE EFFECTIVE DATE.—The au- POSITIONS AT MILITARY TRAINING health care program established by the Sec- thority under subsection (a) shall be effec- BASES TRANSFERRED TO NATIONAL retary of State under section 904 of that Act tive as of November 5, 1990. GUARD. (22 U.S.C. 4084). SEC. 1070. MICHAEL O’CALLAGHAN FEDERAL (a) MILITARY TRAINING INSTALLATIONS AF- ‘‘(d) ASSISTANCE.—The Secretary of De- HOSPITAL, LAS VEGAS, NEVADA. FECTED.—This section applies with respect to fense may enter into agreements with the (a) FINDINGS.—Congress makes the fol- each military training installation that— heads of other departments and agencies of lowing findings: (1) was approved for closure in 1995 under the Federal Government in order to facili- (1) Michael O’Callaghan, former Governor the Defense Base Closure and Realignment tate the payment of expenses authorized by of the State of Nevada, served in three Act of 1990 (part A of title XXIX of Public subsection (b) and to carry out a health care branches of the Armed Forces of the United Law 101–510; 10 U.S.C. 2687 note); program authorized by subsection (c). States, namely, the Army, the Air Force, (2) is scheduled for transfer during fiscal ‘‘(e) ABROAD DEFINED.—In this section, the and the Marine Corps. year 1997 to National Guard operation and term ‘abroad’ means outside— (2) At 16 years of age, Michael O’Callaghan control; and ‘‘(1) the United States; and enlisted in the United States Marine Corps (3) will continue to be used, after such ‘‘(2) the territories and possessions of the to serve during the end of World War II. transfer, to provide training support to ac- United States.’’. (3) During the Korean conflict, Michael tive and reserve components of the Armed (b) CLERICAL AMENDMENT.—The table of O’Callaghan served successively in the Air Forces. sections at the beginning of such chapter is

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6352 CONGRESSIONAL RECORD — SENATE June 18, 1996 amended by inserting after the item relating SEC. 1107. EMPLOYMENT AND COMPENSATION OF SEC. 1112. WAIVER OF REQUIREMENT FOR RE- to section 1599a the following new item: CIVILIAN FACULTY MEMBERS AT PAYMENT OF VOLUNTARY SEPARA- CERTAIN DEPARTMENT OF DEFENSE TION INCENTIVE PAY BY FORMER ‘‘1599b. Employees abroad: travel expenses; SCHOOLS. DEPARTMENT OF DEFENSE EMPLOY- health care.’’. (a) FACULTIES.—Section 1595(c) of title 10, EES REEMPLOYED BY THE GOVERN- SEC. 1105. TRAVEL, TRANSPORTATION, AND RE- United States Code, is amended by inserting MENT WITHOUT PAY. LOCATION ALLOWANCES FOR CER- after paragraph (3) the following new para- Section 5597(g) of title 5, United States TAIN FORMER NONAPPROPRIATED graph (4): Code, is amended by adding at the end the FUND EMPLOYEES. ‘‘(4) The English Language Center of the following new paragraph: (a) IN GENERAL.—(1) Subchapter II of chap- ‘‘(5) If the employment is without com- ter 57 of title 5, United States Code, is Defense Language Institute. ‘‘(5) The Asia-Pacific Center for Security pensation, the appointing official may waive amended by adding at the end the following the repayment.’’. new section: Studies.’’. (b) CERTAIN ADMINISTRATORS.—Such sec- SEC. 1113. FEDERAL HOLIDAY OBSERVANCE ‘‘§ 5736. Travel, transportation, and relocation tion 1595 is amended by adding at the end the RULES FOR DEPARTMENT OF DE- expenses of certain nonappropriated fund following: FENSE EMPLOYEES. employees ‘‘(f) APPLICATION TO DIRECTOR AND DEPUTY (a) HOLIDAYS OCCURRING ON NONWORK- ‘‘An employee of a nonappropriated fund DIRECTOR AT ASIA-PACIFIC CENTER FOR SECU- DAYS.—Section 6103(b) of title 5, United instrumentality of the Department of De- RITY STUDIES.—In the case of the Asia-Pa- States Code, is amended by inserting after fense or the Coast Guard described in section cific Center for Security Studies, this sec- paragraph (2) the following new paragraph: 2105(c) of this title who moves, without a tion also applies with respect to the Director ‘‘(3) In the case of a full-time employee of break in service of more than 3 days, to a po- and the Deputy Director.’’. the Department of Defense, the following sition in the Department of Defense or the SEC. 1108. REIMBURSEMENT OF DEPARTMENT OF rules apply: Coast Guard, respectively, may be author- DEFENSE DOMESTIC DEPENDENT ‘‘(A) When a legal public holiday occurs on ized travel, transportation, and relocation SCHOOL BOARD MEMBERS FOR CER- a Sunday that is not a regular weekly work- expenses and allowances under the same con- TAIN EXPENSES. day for an employee, the employee’s next ditions and to the same extent authorized by Section 2164(d) of title 10, United States workday is the legal public holiday for the this subchapter for transferred employees.’’. Code, is amended by adding at the end the employee. (2) The table of sections at the beginning of following: ‘‘(B) When a legal public holiday occurs on ‘‘(7) The Secretary may provide for reim- chapter 57 of such title is amended by insert- a regular weekly nonworkday that is admin- bursement of a school board member for ex- ing after the item relating to section 5735 the istratively scheduled for an employee in- penses incurred by the member for travel, following new item: stead of Sunday, the employee’s next work- transportation, program fees, and activity day is the legal public holiday for the em- ‘‘5736. Travel, transportation, and relocation fees that the Secretary determines are rea- ployee. expenses of certain non- sonable and necessary for the performance of ‘‘(C) When a legal public holiday occurs on appropriated fund employees.’’. school board duties by the member.’’. (b) APPLICABILITY.—Section 5736 of title 5, an employee’s regular weekly nonworkday SEC. 1109. EXTENSION OF AUTHORITY FOR CIVIL- immediately following a regular weekly non- United States Code (as added by subsection IAN EMPLOYEES OF DEPARTMENT (a)(1)), shall apply to moves between posi- OF DEFENSE TO PARTICIPATE VOL- workday that is administratively scheduled tions as described in such section that are ef- UNTARILY IN REDUCTIONS IN for the employee instead of Sunday, the em- fective on or after October 1, 1996. FORCE. ployee’s next workday is the legal public hol- SEC. 1106. EMPLOYMENT AND SALARY PRAC- Section 3502(f)(5) of title 5, United States iday for the employee. TICES APPLICABLE TO DEPART- Code, is amended by striking out ‘‘Sep- ‘‘(D) When a legal public holiday occurs on MENT OF DEFENSE OVERSEAS tember 30, 1996’’ and inserting in lieu thereof an employee’s regular weekly nonworkday TEACHERS. ‘‘September 30, 2001’’. that is not a nonworkday referred to in sub- (a) EXPANSION OF SCOPE OF EDUCATORS COV- SEC. 1110. COMPENSATORY TIME OFF FOR OVER- paragraph (A), (B), or (C), the employee’s ERED.—Section 2 of the Defense Department TIME WORK PERFORMED BY WAGE- preceding workday is the legal public holi- Overseas Teachers Pay and Personnel Prac- BOARD EMPLOYEES. day for the employee. tices Act (20 U.S.C. 901) is amended— Section 5543 of title 5, United States Code, ‘‘(E) The Secretary concerned (as defined (1) in subparagraph (A) of paragraph (1), by is amended by adding at the end the fol- in section 101(a) of title 10) may schedule a inserting ‘‘, or are performed by an indi- lowing: legal public holiday for an employee to be on vidual who carried out certain teaching ac- ‘‘(c) The head of an agency may, on request a different day than the one that would oth- tivities identified in regulations prescribed of an employee, grant the employee compen- erwise apply for the employee under subpara- by the Secretary of Defense’’ after ‘‘De- satory time off from the employee’s sched- graph (A), (B), (C), or (D). fense,’’; and uled tour of duty instead of payment under ‘‘(F) If a legal public holiday for an em- (2) by striking out subparagraph (C) of section 5544 of this title or section 7 of the ployee would be different under paragraph (1) paragraph (2) and inserting in lieu thereof Fair Labor Standards Act of 1938 for an equal or (2) than the day determined under this the following: amount of time spent in irregular or occa- paragraph, the legal public holiday for the ‘‘(C) who is employed in a teaching posi- sional overtime work.’’. employee shall be the day that is determined tion described in paragraph (1).’’. SEC. 1111. LIQUIDATION OF RESTORED ANNUAL under this paragraph.’’. (b) TRANSFER OF RESPONSIBILITY FOR EM- LEAVE THAT REMAINS UNUSED (b) TECHNICAL AND CONFORMING AMEND- UPON TRANSFER OF EMPLOYEE PLOYMENT AND SALARY PRACTICES.—Section 5 MENTS.—Section 6103(b) of such title, as FROM INSTALLATION BEING of such Act (20 U.S.C. 903) is amended— CLOSED OR REALIGNED. amended by subsection (a), is further amend- (1) in subsection (a)— (a) LUMP-SUM PAYMENT REQUIRED.—Sec- ed— (A) by striking out ‘‘secretary of each mili- tion 5551 of title 5, United States Code, is (1) in paragraph (1), by striking out ‘‘legal tary department in the Department of De- amended by adding at the end the following public holiday for—’’ and all that follows fense’’ and inserting in lieu thereof ‘‘Sec- new subsection: through the period and inserting in lieu retary of Defense’’; and ‘‘(c)(1) Annual leave that is restored to an thereof ‘‘legal public holiday for employees (B) by striking out ‘‘his military depart- employee of the Department of Defense whose basic workweek is Monday through ment’’ and inserting in lieu thereof ‘‘the De- under section 6304(d) of this title by reason Friday.’’; and partment of Defense’’; of the operation of paragraph (3) of such sec- (2) in the matter following paragraph (3), (2) in subsection (b)— tion and remains unused upon the transfer of by striking out ‘‘This subsection, except sub- (A) in the matter preceding paragraph (1), the employee to a position described in para- paragraph (B) of paragraph (1),’’ and insert- by striking out ‘‘secretary of each military graph (2) shall be liquidated by payment of a ing in lieu thereof ‘‘Paragraphs (1) and (2)’’. department—’’ and inserting in lieu thereof lump-sum for such leave to the employee SEC. 1114. REVISION OF CERTAIN TRAVEL MAN- ‘‘Secretary of Defense—’’; and upon the transfer. AGEMENT AUTHORITIES. (B) in paragraph (1), by striking out ‘‘his ‘‘(2) A position referred to in paragraph (1) (a) REPEAL OF REQUIREMENTS RELATING TO military department,’’ and inserting in lieu is a position in a department or agency of FIRE-SAFE ACCOMMODATIONS.—(1) Section thereof ‘‘the Department of Defense’’; the Federal Government outside the Depart- 5707 of title 5, United States Code, is amend- (3) in subsection (c)— ment of Defense or a Department of Defense ed by striking out subsection (d). (A) by striking out ‘‘Secretary of each position that is not located at a Department (2) Subsection (b) of section 5 of the Hotel military department’’ and inserting in lieu of Defense installation being closed or re- and Motel Fire Safety Act of 1990 (Public thereof ‘‘Secretary of Defense’’; and aligned as described in section 6304(d)(3) of Law 101–391; 104 Stat. 751; 5 U.S.C. 5707 note) (B) by striking out ‘‘his military depart- this title.’’. is repealed. ment’’ and inserting in lieu thereof ‘‘the De- (b) APPLICABILITY.—Subsection (c) of sec- (b) USE OF FUNDS FOR LONG-DISTANCE partment of Defense’’; and tion 5551 of title 5, United States Code (as CHARGES.—Subsection (b) of section 1348 of (4) in subsection (d), by striking out ‘‘Sec- added by subsection (a)), shall apply with re- title 31, United States Code, is amended to retary of each military department’’ and in- spect to transfers described in such sub- read as follows: serting in lieu thereof ‘‘Secretary of De- section (c) that take effect on or after the ‘‘(b) Appropriations of an agency are avail- fense’’. date of the enactment of this Act. able to pay charges assessed by commercial

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6353 telecommunications carriers for long-dis- (A) of that paragraph unless the person re- paragraph (1), shall be determined by the Di- tance telephone services provided to individ- pays the full amount of such pay with inter- rector of the Office of Personnel Manage- uals travelling on official business of the est (computed at a rate determined appro- ment. In making the determination, the Di- agency if charges for such services are in- priate by the Director of the Office of Per- rector shall consider any savings to the Fund cluded in a travel expense report and ap- sonnel Management) to the Department of as a result of the program established under proved by the official of the agency respon- Defense before attaining early deferred re- this section. The Secretary of the military sible for approving travel expense reports.’’. tirement age. department concerned shall pay the amount (c) REPEAL OF PROHIBITION ON PAYMENT OF (c) RETIREMENT BENEFITS OF TRANSFERRED so determined to the Director in 10 equal an- LODGING EXPENSES OF DEPARTMENT OF DE- EMPLOYEES.—In the case of a transferred em- nual installments with interest computed at FENSE EMPLOYEES AND OTHER CIVILIANS ployee covered by a pilot program under this the rate used in the most recent valuation of WHEN ADEQUATE GOVERNMENT QUARTERS ARE section, payment of a deferred annuity for the Civil Service Retirement System, with AVAILABLE.—(1) Section 1589 of title 10, which the transferred employee is eligible the first payment thereof due at the end of United States Code, is repealed. under section 8338(a) of title 5, United States (2) The table of sections at the beginning of the fiscal year in which an increase in aver- Code, shall commence on the first day of the age pay under subsection (d) becomes effec- chapter 81 of such title is amended by strik- first month that begins after the date on tive. ing out the item relating to such section. which the transferred employee attains early Subtitle B—Defense Economic Adjustment, deferred retirement age, notwithstanding the (f) CONTRACTOR SERVICE NOT CREDITABLE.— Diversification, Conversion, and Stabilization age requirement under that section. Service performed by a transferred employee SEC. 1121. PILOT PROGRAMS FOR DEFENSE EM- (d) COMPUTATION OF AVERAGE PAY.—(1)(A) for a defense contractor after the employee’s PLOYEES CONVERTED TO CON- This paragraph applies to a transferred em- covered separation from Federal service is TRACTOR EMPLOYEES DUE TO PRI- ployee who was employed in a position clas- not creditable service for purposes of sub- VATIZATION AT CLOSED MILITARY sified under the General Schedule imme- chapter III of chapter 83 of title 5, United INSTALLATIONS. diately before the employee’s covered sepa- States Code. (a) PILOT PROGRAMS AUTHORIZED.—(1) The ration from Federal service. (g) RECEIPT OF BENEFITS WHILE EMPLOYED Secretary of Defense, after consultation with (B) Subject to subparagraph (C), for pur- BY A DEFENSE CONTRACTOR.—A transferred the Secretary of the Navy, the Secretary of poses of computing the deferred annuity for employee may commence receipt of an early the Air Force, and the Director of the Office a transferred employee referred to in sub- deferred annuity in accordance with this sec- of Personnel Management, may establish a paragraph (A), the average pay of the trans- tion while continuing to work for a defense pilot program under which Federal retire- ferred employee, computed under section contractor. ment benefits are provided in accordance 8331(4) of title 5, United States Code, as of with this section to persons who convert the date of the employee’s covered separa- (h) LUMP-SUM CREDIT PAYMENT.—If a from Federal employment in the Department tion from Federal service, shall be adjusted transferred employee dies before attaining of the Navy or the Department of the Air at the same time and by the same percentage early deferred retirement age, such employee Force to employment by a Department of that rates of basic pay are increased under shall be treated as a former employee who Defense contractor in connection with the section 5303 of such title during the period dies not retired for purposes of payment of privatization of the performance of functions beginning on that date and ending on the the lump-sum credit under section 8342(d) of at selected military installations being date on which the transferred employee at- title 5, United States Code. closed under the base closure and realign- tains early deferred retirement age. (i) CONTINUED FEDERAL HEALTH BENEFITS ment process. (C) The average pay of a transferred em- COVERAGE.—Notwithstanding section (2) The Secretary of Defense shall select ployee, as adjusted under subparagraph (B), 5905a(e)(1)(A) of title 5, United States Code, the installations to be covered by a pilot pro- may not exceed the amount to which an an- the continued coverage of a transferred em- gram under this section. nuity of the transferred employee could be (b) ELIGIBLE TRANSFERRED EMPLOYEES.—(1) ployee for health benefits under chapter 89 of increased under section 8340 of title 5, United A person is a transferred employee eligible States Code, in accordance with the limita- such title by reason of the application of sec- for benefits under this section if the person tion in subsection (g)(1) of such section (re- tion 8905a of such title to such employee is a former employee of the Department of lating to maximum pay, final pay, or aver- shall terminate 90 days after the date of the Defense (other than a temporary employee) age pay). employee’s covered separation from Federal who— (2)(A) This paragraph applies to a trans- employment. For the purposes of the pre- (A) while employed by the Department of ferred employee who was a prevailing rate ceding sentence, a person who, except for Defense in a function recommended to be employee (as defined under section 5342(2) of subsection (b)(2), would be a transferred em- privatized as part of the closure and realign- title 5, United States Code) immediately be- ployee shall be considered a transferred em- ment of military installations pursuant to fore the employee’s covered separation from ployee. section 2903(e) of the Defense Base Closure Federal service. (j) REPORT BY GAO.—The Comptroller Gen- and Realignment Act of 1990 (title XXIX of (B) For purposes of computing the deferred eral of the United States shall conduct a Public Law 101–510; 10 U.S.C. 2687 note) and annuity for a transferred employee referred study of each pilot program, if any, estab- while covered under the Civil Service Retire- to in subparagraph (A), the average pay of lished under this section and submit a report ment System, separated from Federal serv- the transferred employee, computed under on the pilot program to Congress not later ice after being notified that the employee section 8331(4) of title 5, United States Code, than two years after the date on which the would be separated in a reduction-in-force as of the date of the employee’s covered sep- program is established. The report shall con- resulting from conversion from performance aration from Federal service, shall be ad- tain the following: of a function by Department of Defense em- justed at the same time and by the same per- (1) A review and evaluation of the program, ployees at that military installation to per- centage that pay rates for positions that are including— formance of that function by a defense con- in the same area as, and are comparable to, (A) an evaluation of the success of the pri- tractor at that installation or in the vicinity the last position the transferred employee vatization outcomes of the program; of that installation; held as a prevailing rate employee, are in- (B) a comparison and evaluation of such (B) is employed by the defense contractor creased under section 5343(a) of such title privatization outcomes with the privatiza- within 60 days following such separation to during the period beginning on that date and tion outcomes with respect to facilities at perform substantially the same function per- ending on the date on which the transferred other military installations closed or re- formed before the separation; employee attains early deferred retirement aligned under the base closure laws; (C) remains employed by the defense con- age. (C) an evaluation of the impact of the pro- tractor (or a successor defense contractor) or (e) PAYMENT OF UNFUNDED LIABILITY.—(1) gram on the Federal workforce and whether subcontractor of the defense contractor (or The military department concerned shall be the program results in the maintenance of a successor defense contractor) until attaining liable for that portion of any estimated in- skilled workforce for defense contractors at early deferred retirement age (unless the em- crease in the unfunded liability of the Civil an acceptable cost to the military depart- ployment is sooner involuntarily terminated Service Retirement and Disability Fund es- ment concerned; and for reasons other than performance or con- tablished under section 8348 of title 5, United (D) an assessment of the extent to which duct of the employee); States Code, which is attributable to any the pilot program is a cost-effective means (D) at the time separated from Federal benefits payable from such Fund to a trans- of facilitating privatization of the perform- service, was not eligible for an immediate ferred employee, and any survivor of a trans- ance of Federal activities. annuity under the Civil Service Retirement ferred employee, when the increase results (2) Recommendations relating to the ex- System; and from— pansion of the program to other installations (E) does not withdraw retirement contribu- (A) an increase in the average pay of the and employees. tions under section 8342 of title 5, United transferred employee under subsection (d) (3) Any other recommendation relating to States Code. upon which such benefits are computed; and (2) A person who, under paragraph (1), (B) the commencement of an early deferred the program. would otherwise be eligible for an early de- annuity in accordance with this section be- (k) IMPLEMENTING REGULATIONS.—Not later ferred annuity under this section shall not fore the attainment of 62 years of age by the than 30 days after the Secretary of Defense be eligible for such benefits if the person re- transferred employee. notifies the Director of the Office of Per- ceived separation pay or severance pay due (2) The estimated increase in the unfunded sonnel Management of a decision to estab- to a separation described in subparagraph liability for each department referred to in lish a

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6354 CONGRESSIONAL RECORD — SENATE June 18, 1996 pilot program under this section, the Direc- the State in which it is incorporated and under the laws of the State in which it is in- tor shall prescribe regulations to carry out subject to the laws of such State. corporated. the provisions of this section with respect to SEC. 1203. PURPOSES. (g) NONDISCRIMINATION.—In establishing that pilot program. Before prescribing the The purposes of the association are those the conditions of membership in the associa- regulations, the Director shall consult with provided in its bylaws and articles of incor- tion and in determining the requirements for the Secretary. poration and shall include the following: serving on the board of directors or as an of- (l) DEFINITIONS.—In this section: (1) Upholding and defending the Constitu- ficer of the association, the association may (1) The term ‘‘transferred employee’’ tion of the United States. not discriminate on the basis of race, color, means a person who, pursuant to subsection (2) Aiding and maintaining an adequate religion, sex, handicap, age, or national ori- (b), is eligible for benefits under this section. naval defense for the United States. gin. (2) The term ‘‘covered separation from (3) Assisting the recruitment of the best SEC. 1209. LIABILITY. Federal service’’ means a separation from personnel available for the United States The association shall be liable for the acts Federal service as described under sub- Navy, United States Marine Corps, and of its officers, directors, employees, and section (b)(1)(A). United States Coast Guard. agents whenever such individuals act within (3) The term ‘‘Civil Service Retirement (4) Providing for the welfare of the per- the scope of their authority. System’’ means the retirement system under sonnel who serve in the United States Navy, SEC. 1210. MAINTENANCE AND INSPECTION OF subchapter III of chapter 83 of title 5, United United States Marine Corps, and United BOOKS AND RECORDS. States Code. States Coast Guard. (a) BOOKS AND RECORDS OF ACCOUNT.—The (4) The term ‘‘defense contractor’’ means (5) Continuing to serve loyally the United association shall keep correct and complete any entity that— States Navy, United States Marine Corps, books and records of account and minutes of (A) contracts with the Department of De- and United States Coast Guard. any proceeding of the association involving fense to perform a function previously per- (6) Preserving the spirit of shipmanship by any of its members, the board of directors, or formed by Department of Defense employees; providing assistance to shipmates and their any committee having authority under the (B) performs that function at the same in- families. board of directors. stallation at which such function was pre- (7) Instilling love of the United States and (b) NAMES AND ADDRESSES OF MEMBERS.— viously performed by Department of Defense the flag and promoting soundness of mind The association shall keep at its principal employees or in the vicinity of that installa- and body in the youth of the United States. office a record of the names and addresses of tion; and SEC. 1204. SERVICE OF PROCESS. all members having the right to vote in any (C) is the employer of one or more trans- With respect to service of process, the as- proceeding of the association. ferred employees. sociation shall comply with the laws of the (c) RIGHT TO INSPECT BOOKS AND (5) The term ‘‘early deferred retirement State in which it is incorporated and those RECORDS.—All books and records of the asso- age’’ means the first age at which a trans- States in which it carries on its activities in ciation may be inspected by any member ferred employee would have been eligible for furtherance of its corporate purposes. having the right to vote in any proceeding of immediate retirement under subsection (a) the association, or by any agent or attorney or (b) of section 8336 of title 5, United States SEC. 1205. MEMBERSHIP. of such member, for any proper purpose at Code, if such transferred employee had re- Except as provided in section 1208(g), eligi- any reasonable time. mained an employee within the meaning of bility for membership in the association and (d) APPLICATION OF STATE LAW.—This sec- section 8331(1) of such title continuously the rights and privileges of members shall be tion may not be construed to contravene any until attaining such age. as provided in the bylaws and articles of in- applicable State law. corporation of the association. (6) The term ‘‘severance pay’’ means sever- SEC. 1211. AUDIT OF FINANCIAL TRANSACTIONS. ance pay payable under section 5595 of title SEC. 1206. BOARD OF DIRECTORS. The first section of the Act entitled ‘‘An 5, United States Code. Except as provided in section 1208(g), the Act to provide for audit of accounts of pri- (7) The term ‘‘separation pay’’ means sepa- composition of the board of directors of the vate corporations established under Federal ration pay payable under section 5597 of title association and the responsibilities of the law’’, approved August 30, 1964 (36 U.S.C. 5, United States Code. board shall be as provided in the bylaws and 1101), is amended by adding at the end the (m) EFFECTIVE DATE.—This section shall articles of incorporation of the association following: take effect on August 1, 1996, and shall apply and in conformity with the laws of the State ‘‘(77) Fleet Reserve Association.’’. to covered separations from Federal service in which it is incorporated. SEC. 1212. ANNUAL REPORT. on or after that date. SEC. 1207. OFFICERS. The association shall annually submit to SEC. 1122. TROOPS-TO-TEACHERS PROGRAM IM- Except as provided in section 1208(g), the Congress a report concerning the activities PROVEMENTS APPLIED TO CIVILIAN positions of officers of the association and of the association during the preceding fiscal PERSONNEL. the election of members to such officers year. The annual report shall be submitted (a) SEPARATED CIVILIAN EMPLOYEES OF THE shall be as provided in the bylaws and arti- on the same date as the report of the audit DEPARTMENT OF DEFENSE.—(1) Subsection (a) cles of incorporation of the association and required by reason of the amendment made of section 1598 of title 10, United States Code, in conformity with the laws of the State in in section 1211. The annual report shall not is amended by striking out ‘‘may establish’’ which it is incorporated. be printed as a public document. and inserting in lieu thereof ‘‘shall estab- SEC. 1208. RESTRICTIONS. lish’’. SEC. 1213. RESERVATION OF RIGHT TO AMEND (a) INCOME AND COMPENSATION.—No part of OR REPEAL CHARTER. (2) Subsection (d)(2) of such section is the income or assets of the association may The right to alter, amend, or repeal this amended by striking out ‘‘five school years’’ inure to the benefit of any member, officer, title is expressly reserved to Congress. in subparagraphs (A) and (B) and inserting in or director of the association or be distrib- lieu thereof ‘‘two school years’’. SEC. 1214. TAX-EXEMPT STATUS. uted to any such individual during the life of (b) DISPLACED DEPARTMENT OF DEFENSE The association shall maintain its status this charter. Nothing in this subsection may CONTRACTOR EMPLOYEES.—Section 2410j(f)(2) as an organization exempt from taxation as of such title is amended by striking out ‘‘five be construed to prevent the payment of rea- provided in the Internal Revenue Code of school years’’ in subparagraphs (A) and (B) sonable compensation to the officers and em- 1986. and inserting in lieu thereof ‘‘two school ployees of the association or reimbursement SEC. 1215. TERMINATION. years’’. for actual and necessary expenses in The charter granted in this title shall ex- amounts approved by the board of directors. (c) SAVINGS PROVISION.—The amendments pire if the association fails to comply with made by this section do not effect obliga- (b) LOANS.—The association may not make any of the provisions of this title. any loan to any member, officer, director, or tions under agreements entered into in ac- SEC. 1216. DEFINITION. employee of the association. cordance with section 1598 or 2410j of title 10, For purposes of this title, the term (c) ISSUANCE OF STOCK AND PAYMENT OF United States Code, before the date of the ‘‘State’’ means any of the several States, the DIVIDENDS.—The association may not issue enactment of this Act. District of Columbia, the Commonwealth of any shares of stock or declare or pay any Puerto Rico, the Commonwealth of the TITLE XII—FEDERAL CHARTER FOR THE dividend. Northern Mariana Islands, the United States FLEET RESERVE ASSOCIATION (d) FEDERAL APPROVAL.—The association Virgin Islands, Guam, American Samoa, the SEC. 1201. RECOGNITION AND GRANT OF FED- may not claim the approval of the Congress Republic of the Marshall Islands, the Fed- ERAL CHARTER. or the authorization of the Federal Govern- erated States Of Micronesia, the Republic of The Fleet Reserve Association, a nonprofit ment for any of its activities by virtue of Palau, and any other territory or possession corporation organized under the laws of the this title. of the United States. State of Delaware, is recognized as such and (e) CORPORATE STATUS.—The association granted a Federal charter. shall maintain its status as a corporation or- DIVISION B—MILITARY CONSTRUCTION SEC. 1202. POWERS. ganized and incorporated under the laws of AUTHORIZATIONS The Fleet Reserve Association (in this title the State of Delaware. SEC. 2001. SHORT TITLE. referred to as the ‘‘association’’) shall have (f) CORPORATE FUNCTION.—The association This division may be cited as the ‘‘Military only those powers granted to it through its shall function as an educational, patriotic, Construction Authorization Act for Fiscal bylaws and articles of incorporation filed in civic, historical, and research organization Year 1997’’.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6355 TITLE XXI—ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) INSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(1), the Sec- retary of the Army may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or location Total

Alabama ...... Fort Rucker ...... $3,250,000 California ...... Camp Roberts ...... $5,500,000 Naval Weapons Station, Concord ...... $27,000,000 Colorado ...... Fort Carson ...... $13,000,000 District of Columbia ...... Fort McNair ...... $6,900,000 Georgia ...... Fort Benning ...... $53,400,000 Fort McPherson ...... $3,500,000 Fort Stewart ...... $6,000,000 Hawaii ...... Schofield Barracks ...... $16,500,000 Kansas ...... Fort Riley ...... $29,350,000 Kentucky ...... Fort Campbell ...... $61,000,000 Fort Knox ...... $13,000,000 Louisiana ...... Fort Polk ...... $4,800,000 New York ...... Fort Drum ...... $6,500,000 Texas ...... Fort Hood ...... $40,900,000 Fort Sam Houston ...... $3,100,000 Virginia ...... Fort Eustis ...... $3,550,000 Washington ...... Fort Lewis ...... $54,600,000 CONUS Classified ...... Classified Locations ...... $4,600,000

Total: ...... $356,450,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the locations outside the United States, and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Total

Germany ...... Spinellii Barracks, Mannheim ...... $8,100,000 Taylor Barracks, Mannheim ...... $9,300,000 Italy ...... Camp Ederle ...... $3,100,000 Korea ...... Camp Casey ...... $16,000,000 Camp Red Cloud ...... $14,000,000 Overseas Classified ...... Classified Locations ...... $64,000,000 Worldwide ...... Host Nation Support ...... $20,000,000

Total: ...... $134,500,000

SEC. 2102. FAMILY HOUSING. (a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following table:

Army: Family Housing

State Installation Purpose Total

Hawaii ...... Schofield Barracks ...... 54 Units ...... $10,000,000 North Carolina ...... Fort Bragg ...... 88 Units ...... $9,800,000 Texas ...... Fort Hood ...... 140 Units ...... $18,500,000

Total: ...... $38,300,000

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Sec- retary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,083,000. SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in sections 2104(a)(5)(A), the Secretary of the Army may improve existing military family housing units in an amount not to exceed $109,750,000. SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. (a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1996, for military construc- tion, land acquisition, and military family housing functions of the Department of the Army in the total amount of $1,894,297,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $356,450,000. (2) For military construction projects outside the United States authorized by section 2101(b), $134,500,000. (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $7,000,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $31,748,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $152,133,000. (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $1,212,466,000. (b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a). TITLE XXII—NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) INSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2205(a)(1), the Sec- retary of the Navy may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 8634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6356 CONGRESSIONAL RECORD — SENATE June 18, 1996 Navy: Inside the United States

State Installation or location Amount

Arizona ...... Navy Detachment, Camp Navajo ...... $3,920,000 California ...... Marine Corps Air-Ground Combat Center, Twentynine Palms ...... $4,020,000 Marine Corps Air Station, Camp Pendleton ...... $6,240,000 Marine Corps Base, Camp Pendleton ...... $51,630,000 Marine Corps Recruit Depot, San Diego ...... $8,150,000 Naval Air Station, North Island ...... $76,872,000 Naval Facility, San Clemente Island ...... $17,000,000 Naval Station, San Diego ...... $7,050,000 Naval Command Control & Ocean Surveillance Center, San Diego ...... $1,960,000 Connecticut ...... Naval Submarine Base, New London ...... $13,830,000 District of Columbia ...... Naval District, Commandant, Washington ...... $19,300,000 Florida ...... Naval Air Station, Key West ...... $2,250,000 Hawaii ...... Naval Station, Pearl Harbor ...... $19,600,000 Naval Submarine Base, Pearl Harbor ...... $35,890,000 Idaho ...... Naval Surface Warfare Center, Bayview ...... $7,150,000 Illinois ...... Naval Training Center, Great Lakes ...... $22,900,000 Maryland ...... Naval Air Warfare Center, Patuxent River ...... $1,270,000 United States Naval Academy ...... $10,480,000 Mississippi ...... Naval Station, Pascagoula ...... $4,990,000 Stennis Space Center ...... $7,960,000 Nevada ...... Naval Air Station, Fallon ...... $14,800,000 North Carolina ...... Marine Corps Air Station, Cherry Point ...... $1,630,000 Marine Corps Air Station, New River ...... $17,040,000 Marine Corps Base, Camp LeJeune ...... $20,750,000 South Carolina ...... Marine Corps Recruit Depot, Parris Island ...... $2,550,000 Texas ...... Naval Station, Ingleside ...... $16,850,000 Naval Air Station, Kingsville ...... $1,810,000 Virginia ...... Armed Forces Staff College, Norfolk ...... $12,900,000 Marine Corps Combat Development Command, Quantico ...... $14,570,000 Naval Station, Norfolk ...... $47,920,000 Naval Surface Warfare Center, Dahlgren ...... $8,030,000 Washington ...... Naval Station, Everett ...... $25,740,000

Total: ...... $507,052,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2205(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Bahrain ...... Administrative Support Unit, Bahrain ...... $5,980,000 Greece ...... Naval Support Activity, Souda Bay ...... $7,050,000 Italy ...... Naval Air Station, Sigonella ...... $15,700,000 Naval Support Activity, Naples ...... $8,620,000 Puerto Rico ...... Naval Station, Roosevelt Roads ...... $23,600,000 United Kingdom ...... Joint Maritime Communications Center, St. Mawgan ...... $4,700,000

Total: ...... $65,650,000

SEC. 2202. FAMILY HOUSING. (a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 2205(a)(6)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following table:

Navy: Family Housing

State Installation Purpose Amount

Arizona ...... Marine Corps Air Station, Yuma ...... Community Center ...... $709,000 California ...... Marine Corps Air-Ground Combat Center, Twentynine Palms ...... Community Center ...... $1,982,000 Marine Corps Air-Ground Combat Center, Twentynine Palms ...... Housing Office ...... $956,000 Marine Corps Base, Camp Pendleton ...... 128 Units ...... $19,483,000 Naval Air Station, Lemoore ...... 276 Units ...... $39,837,000 Navy Public Works Center, San Diego ...... 366 Units ...... $48,719,000 Hawaii ...... Marine Corps Air Station, Kaneohe Bay ...... 54 Units ...... $11,676,000 Navy Public Works Center, Pearl Harbor ...... 264 Units ...... $52,586,000 Maryland ...... Naval Air Warfare Center, Patuxent River ...... Community Center ...... $1,233,000 North Carolina ...... Marine Corps Base, Camp LeJeune ...... Community Center ...... $845,000 Virginia ...... AEGIS Combat Systems Center, Wallops Island ...... 20 Units ...... $2,975,000 Naval Security Group Activity, Northwest ...... Community Center ...... $741,000 Washington ...... Naval Station, Everett ...... 100 Units ...... $15,015,000 Naval Submarine Base, Bangor ...... Housing Office ...... $934,000

Total: ...... $197,691,000

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2205(a)(6)(A), the Sec- retary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $23,142,000. SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2205(a)(6)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $189,383,000. SEC. 2204. DEFENSE ACCESS ROADS. Using amounts appropriated pursuant to the authorization of appropriations in section 2205(a)(5), the Secretary of the Navy may make advances to the Secretary of Transportation for the construction of defense access roads under section 210 of title 23, United States Code, at various locations in the amount of $300,000. SEC. 2205. AUTHORIZATION OF APPROPRIATIONS, NAVY. (a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1996, for military construc- tion, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,040,093,000 as follows:

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 8634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6357 (1) For military construction projects inside the United States authorized by section 2201(a), $507,052,000. (2) For military construction projects outside the United States authorized by section 2201(b), $65,650,000. (3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $7,115,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $47,519,000. (5) For advances to the Secretary of Transportation for construction of defense access roads under section 210 of title 23, United States Code, $300,000. (6) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $410,216,000. (B) For support of military housing (including functions described in section 2833 of title 10, United States Code), $1,014,241,000. (b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a). (c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (6) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $12,000,000, which represents the combination of project savings resulting from favorable bids, reduced overhead costs, and cancellations due to force structure changes. TITLE XXIII—AIR FORCE SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) INSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(1), the Sec- retary of the Air Force may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:

Air Force: Inside the United States

State Installation or location Amount

Alabama ...... Maxwell Air Force Base ...... $7,875,000 Alaska ...... Eielson Air Force Base ...... $3,900,000 Elmendorf Air Force Base ...... $21,530,000 King Salmon Air Force Base ...... $5,700,000 Arizona ...... Davis–Monthan Air Force Base ...... $9,920,000 Arkansas ...... Little Rock Air Force Base ...... $18,105,000 California ...... Beale Air Force Base ...... $14,425,000 Edwards Air Force Base ...... $20,080,000 Travis Air Force Base ...... $14,980,000 Vandenberg Air Force Base ...... $3,290,000 Colorado ...... Buckley Air National Guard Base ...... $17,960,000 Falcon Air Force Station ...... $2,095,000 Peterson Air Force Base ...... $20,720,000 United States Air Force Academy ...... $12,165,000 Delaware ...... Dover Air Force Base ...... $19,980,000 Florida ...... Eglin Air Force Base ...... $4,590,000 Eglin Auxiliary Field 9 ...... $6,825,000 Patrick Air Force Base ...... $10,495,000 Tyndall Air Force Base ...... $3,600,000 Georgia ...... Moody Air Force Base ...... $3,350,000 Robins Air Force Base ...... $25,045,000 Idaho ...... Mountain Home Air Force Base ...... $15,945,000 Kansas ...... McConnell Air Force Base ...... $25,830,000 Louisiana ...... Barksdale Air Force Base ...... $4,890,000 Maryland ...... Andrews Air Force Base ...... $8,140,000 Mississippi ...... Keesler Air Force Base ...... $14,465,000 Montana ...... Malmstrom Air Force Base ...... $6,300,000 Nevada ...... Indian Springs Air Force Auxiliary Air Field ...... $4,690,000 Nellis Air Force Base ...... $14,700,000 New Jersey ...... McGuire Air Force Base ...... $8,080,000 New Mexico ...... Cannon Air Force Base ...... $7,100,000 Kirtland Air Force Base ...... $16,300,000 North Carolina ...... Pope Air Force Base ...... $5,915,000 Seymour Johnson Air Force Base ...... $11,280,000 North Dakota ...... Grand Forks Air Force Base ...... $12,470,000 Minot Air Force Base ...... $3,940,000 Ohio ...... Wright–Patterson Air Force Base ...... $7,400,000 Oklahoma ...... Tinker Air Force Base ...... $9,880,000 South Carolina ...... Charleston Air Force Base ...... $43,110,000 Shaw Air Force Base ...... $14,465,000 South Dakota ...... Ellsworth Air Force Base ...... $4,150,000 Tennessee ...... Arnold Engineering Development Center ...... $6,781,000 Texas ...... Dyess Air Force Base ...... $5,895,000 Kelly Air Force Base ...... $3,250,000 Lackland Air Force Base ...... $9,413,000 Sheppard Air Force Base ...... $9,400,000 Utah ...... Hill Air Force Base ...... $3,690,000 Virginia ...... Langley Air Force Base ...... $8,005,000 Washington ...... Fairchild Air Force Base ...... $18,155,000 McChord Air Force Base ...... $57,065,000

Total: ...... $607,334,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations and locations out- side the United States, and in the amounts, set forth in the following table:

Air Force: Outside the United States

Country Installation or location Amount

Germany ...... Ramstein Air Force Base ...... $5,370,000 Spangdahlem Air Base ...... $1,890,000 Italy ...... Aviano Air Base ...... $10,066,000 Korea ...... Osan Air Base ...... $9,780,000 Turkey ...... Incirlik Air Base ...... $7,160,000 United Kingdom ...... Croughton Royal Air Force Base ...... $1,740,000 Lakenheath Royal Air Force Base ...... $17,525,000 Mildenhall Royal Air Force Base ...... $6,195,000 Overseas Classified ...... Classified Locations ...... $18,395,000

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Country Installation or location Amount

Total: ...... $78,115,000

SEC. 2302. FAMILY HOUSING. (a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force may construct or acquire family housing units (including land acquisition) at the installations, for the pur- poses, and in the amounts set forth in the following table:

Air Force: Family Housing

State Installation Purpose Amount

Alaska ...... Eielson Air Force Base ...... 72 units ...... $21,127,000 Fire Station ...... $2,950,000 California ...... Beale Air Force Base ...... 56 units ...... $8,893,000 Travis Air Force Base ...... 70 units ...... $8,631,000 Vandenberg Air Force Base ...... 112 units ...... $20,891,000 District of Columbia ...... Bolling Air Force Base ...... 40 units ...... $5,000,000 Florida ...... Eglin Auxiliary Field 9 ...... 1 unit ...... $249,000 MacDill Air Force Base ...... 56 units ...... $8,822,000 Patrick Air Force Base ...... Housing Maintenance Facil- $853,000 ity. Housing Support & Storage $756,000 Facility. Housing Office ...... $821,000 Louisiana ...... Barksdale Air Force Base ...... 80 units ...... $9,570,000 Massachusetts ...... Hanscom Air Force Base ...... 32 units ...... $5,100,000 Missouri ...... Whiteman Air Force Base ...... 68 units ...... $9,600,000 Montana ...... Malmstrom Air Force Base ...... 20 units ...... $5,242,000 New Mexico ...... Kirtland Air Force Base ...... 87 units ...... $11,850,000 North Dakota ...... Grand Forks Air Force Base ...... 66 units ...... $7,784,000 Minot Air Force Base ...... 46 units ...... $8,740,000 Texas ...... Lackland Air Force Base ...... 50 units ...... $6,500,000 Housing Office ...... $450,000 Housing Maintenance Facil- $350,000 ity. Washington ...... McChord Air Force Base ...... 40 units ...... $5,659,000 United Kingdom ...... Lakenheath Royal Air Force Base ...... Family Housing, Phase I .... $8,300,000

Total: ...... $158,138,000

(b) PLANNING AND DESIGN.—Using amounts of the Air Force in the total amount of (b) LIMITATION ON TOTAL COST OF CON- appropriated pursuant to the authorization $1,844,786,000 as follows: STRUCTION PROJECTS.—Notwithstanding the of appropriations in section 2304(a)(5)(A), the (1) For military construction projects in- cost variations authorized by section 2853 of Secretary of the Air Force may carry out ar- side the United States authorized by section title 10, United States Code, and any other chitectural and engineering services and 2301(a), $607,334,000. cost variation authorized by law, the total construction design activities with respect (2) For military construction projects out- cost of all projects carried out under section to the construction or improvement of mili- side the United States authorized by section 2301 of this Act may not exceed the total tary family housing units in an amount not 2301(b), $78,115,000. amount authorized to be appropriated under to exceed $12,350,000. (3) For unspecified minor construction paragraphs (1) and (2) of subsection (a). SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY projects authorized by section 2805 of title 10, HOUSING UNITS. United States Code, $11,328,000. TITLE XXIV—DEFENSE AGENCIES Subject to section 2825 of title 10, United (4) For architectural and engineering serv- States Code, and using amounts appropriated SEC. 2401. AUTHORIZED DEFENSE AGENCIES pursuant to the authorization of appropria- ices and construction design under section CONSTRUCTION AND LAND ACQUISI- tions in section 2304(a)(5)(A), the Secretary 2807 of title 10, United States Code, TION PROJECTS. of the Air Force may improve existing mili- $53,497,000. (5) For military housing functions: (a) INSIDE THE UNITED STATES.—Using tary family housing units in an amount not amounts appropriated pursuant to the au- to exceed $94,550,000. (A) For construction and acquisition, plan- ning and design, and improvement of mili- thorization of appropriations in section SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, 2406(a)(1), the Secretary of Defense may ac- AIR FORCE. tary family housing and facilities, quire real property and carry out military (a) IN GENERAL.—Funds are hereby author- $265,038,000. ized to be appropriated for fiscal years begin- (B) For support of military family housing construction projects for the installations ning after September 30, 1996, for military (including the functions described in section and locations inside the United States, and construction, land acquisition, and military 2833 of title 10, United States Code), in the amounts, set forth in the following family housing functions of the Department $829,474,000. table: Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Agents and Munitions Destruction. Pueblo Army Depot, Colorado ...... $179,000,000 Defense Finance & Accounting Service. Norton Air Force Base, California ...... $13,800,000 Naval Training Center, Orlando, Florida ...... $2,600,000 Rock Island Arsenal, Illinois ...... $14,400,000 Loring Air Force Base, Maine ...... $6,900,000 Offutt Air Force Base, Nebraska ...... $7,000,000 Griffiss Air Force Base, New York ...... $10,200,000 Gentile Air Force Station, Ohio ...... $11,400,000 Charleston, South Carolina ...... $6,200,000 Defense Intelligence Agency. Bolling Air Force Base, District of Columbia ...... $6,790,000 National Ground Intelligence Center, Charlottesville, Virginia ...... $2,400,000 Defense Logistics Agency. Elmendorf Air Force Base, Alaska ...... $18,000,000 Defense Distribution, San Diego, California ...... $15,700,000 Naval Air Facility, El Centro, California ...... $5,700,000 Travis Air Force Base, California ...... $15,200,000 McConnell Air Force Base, Kansas ...... $2,200,000 Barksdale Air Force Base, Louisiana ...... $4,300,000 Andrews Air Force Base, Maryland ...... $12,100,000

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Agency Installation or location Amount

Naval Air Station, Fallon, Nevada ...... $2,100,000 Defense Construction Supply Center, Columbus, Ohio ...... $600,000 Altus Air Force Base, Oklahoma ...... $3,200,000 Shaw Air Force Base, South Carolina ...... $2,900,000 Naval Air Station, Oceana, Virginia ...... $1,500,000 Defense Medical Facility Office. Maxwell Air Force Base, Alabama ...... $25,000,000 Marine Corps Base, Camp Pendleton, California ...... $3,300,000 Naval Air Station, Lemoore, California ...... $38,000,000 Naval Air Station, Key West, Florida ...... $15,200,000 Andrews Air Force Base, Maryland ...... $15,500,000 Fort Bragg, North Carolina ...... $11,400,000 Charleston Air Force Base, South Carolina ...... $1,300,000 Fort Bliss, Texas ...... $6,600,000 Fort Hood, Texas ...... $1,950,000 Naval Air Station, Norfolk, Virginia ...... $1,250,000 National Security Agency. Fort Meade, Maryland ...... $25,200,000 Special Operations Command. Naval Amphibious Base, Coronado, California ...... $7,700,000 Naval Station, Ford Island, Pearl Harbor, Hawaii ...... $12,800,000 Fort Campbell, Kentucky ...... $4,200,000 Fort Bragg, North Carolina ...... $14,000,000

Total: ...... $527,590,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2406(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Logistics Agency. Naval Air Station, Sigonella, Italy ...... $6,100,000 Moron Air Base, Spain ...... $12,958,000 Defense Medical Facility Office. Administrative Support Unit, Bahrain, Bahrain ...... $4,600,000

Total: ...... $23,658,000

SEC. 2402. MILITARY HOUSING PLANNING AND under subsection (b) to carry out any activi- section 2401(a) of the Military Construction DESIGN. ties authorized by that subchapter with re- Authorization Act for Fiscal Year 1995 (divi- Using amounts appropriated pursuant to spect to military unaccompanied housing. sion B of the Public Law 103–337; 108 Stat. the authorization of appropriation in section SEC. 2405. ENERGY CONSERVATION PROJECTS. 3040), $46,000,000. 2406(a)(15)(A), the Secretary of Defense may Using amounts appropriated pursuant to (7) For military construction projects at carry out architectural and engineering serv- the authorization of appropriations in sec- Umatilla Army Depot, Oregon, authorized by ices and construction design activities with tion 2406(a)(12), the Secretary of Defense may section 2401(a) of the Military Construction respect to the construction or improvement carry out energy conservation projects under Authorization Act for Fiscal Year 1995 (108 of military family housing units in an section 2865 of title 10, United States Code. Stat. 3040), $64,000,000. amount not to exceed $500,000. SEC. 2406. AUTHORIZATION OF APPROPRIATIONS, (8) For military construction projects at SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY DEFENSE AGENCIES. Defense Finance and Accounting Service, Co- HOUSING UNITS. (a) IN GENERAL.—Funds are hereby author- lumbus, Ohio, authorized by section 2401(a) Subject to section 2825 of title 10, United ized to be appropriated for fiscal years begin- of the Military Construction Authorization States Code, and using amounts appropriated ning after September 30, 1996, for military Act of Fiscal Year 1996 (division B of Public pursuant to the authorization of appropria- construction, land acquisition, and military Law 104–106; 110 Stat. 535), $20,822,000. tion in section 2406(a)(15)(A), the Secretary family housing functions of the Department (9) For contingency construction projects of Defense may improve existing military of Defense (other than the military depart- of the Secretary of Defense under section family housing units in an amount not to ex- ments), in the total amount of $3,421,366,000 2804 of title 10, United States Code, $9,500,000. ceed $3,871,000. as follows: (10) For unspecified minor construction SEC. 2404. MILITARY HOUSING IMPROVEMENT (1) For military construction projects in- projects under section 2805 of title 10, United PROGRAM. side the United States authorized by section States Code, $21,874,000. (a) AVAILABILITY OF FUNDS FOR CREDIT TO 2401(a), $364,487,000. (11) For architectural and engineering FAMILY HOUSING IMPROVEMENT FUND.—The (2) For military construction projects out- services and construction design under sec- amount authorized to be appropriated pursu- side the United States authorized by section tion 2807 of title 10, United States Code, ant to section 2406(a)(15)(C) shall be available 2401(b), $23,658,000. $14,239,000. for crediting to the Department of Defense (3) For military construction projects at (12) For energy conservation projects under Family Housing Improvement Fund estab- Naval Hospital, Portsmouth, Virginia, hos- section 2865 of title 10, United States Code, lished by section 2883(a)(1) of title 10, United pital replacement, authorized by section $47,765,000. States Code. 2401(a) of the Military Construction Author- (13) For base closure and realignment ac- (b) AVAILABILITY OF FUNDS FOR CREDIT TO ization Act for Fiscal Years 1990 and 1991 (di- tivities as authorized by the Defense Base UNACCOMPANIED HOUSING IMPROVEMENT vision B of Public Law 101–189; 103 Stat. 1640), Closure and Realignment Act of 1990 (part A FUND.—The amount authorized to be appro- $24,000,000. of title XXIX of Public Law 101–510; 10 U.S.C. priated pursuant to section 2406(a)(14) shall (4) For military construction projects at 2687 note), $2,507,476,000. be available for crediting to the Department Walter Reed Army Institute of Research, (14) For credit to the Department of De- of Defense Military Unaccompanied Housing Maryland, hospital replacement, authorized fense Military Unaccompanied Housing Im- Improvement Fund established by section by section 2401(a) of the Military Construc- provement Fund as authorized by section 2883(a)(2) of title 10, United States Code. tion Authorization Act for Fiscal Year 1993 2404(b) of this Act, $5,000,000. (c) USE OF FUNDS.—The Secretary of De- (division B of Public Law 102–484; 106 Stat. (15) For military family housing functions: fense may use funds credited to the Depart- 2599), $92,000,000. (A) For improvement and planning of mili- ment of Defense Family Housing Improve- (5) For military construction projects at tary family housing and facilities, $4,371,000. ment Fund under subsection (a) to carry out Fort Bragg, North Carolina, hospital replace- (B) For support of military housing (in- any activities authorized by subchapter IV of ment, authorized by section 2401(a) of the cluding functions described in section 2833 of chapter 169 of such title with respect to mili- Military Construction Authorization Act for title 10, United States Code), $30,963,000, of tary family housing and may use funds cred- Fiscal Year 1993 (106 Stat. 2599), $89,000,000. which not more than $25,637,000 may be obli- ited to the Department of Defense Military (6) For military construction projects at gated or expended for the leasing of military Unaccompanied Housing Improvement Fund Pine Bluff Arsenal, Arkansas, authorized by family housing units worldwide.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6360 CONGRESSIONAL RECORD — SENATE June 18, 1996 (C) For credit to the Department of De- amended by striking out ‘‘North Atlantic (2) For the Department of the Navy, for the fense Family Housing Improvement Fund as Treaty Organization Infrastructure pro- Naval and Marine Corps Reserve, $32,743,000. authorized by section 2404(a) of this Act, gram’’ and inserting in lieu thereof ‘‘North (3) For the Department of the Air Force— $20,000,000. Atlantic Treaty Organization Security In- (A) for the Air National Guard of the (D) For the Homeowners Assistance Pro- vestment program’’. United States, $208,484,000; and gram as authorized by section 2832 of title 10, (b) REFERENCES.—Any reference to the (B) for the Air Force Reserve, $54,770,000. United States Code, $36,181,000, to remain North Atlantic Treaty Organization Infra- available until expended. structure program in any Federal law, Exec- TITLE XXVII—EXPIRATION AND (b) LIMITATION ON TOTAL COST OF CON- utive order, regulation, delegation of author- EXTENSION OF AUTHORIZATIONS STRUCTION PROJECTS.—Notwithstanding the ity, or document of or pertaining to the De- SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND cost variation authorized by section 2853 of partment of Defense shall be deemed to refer AMOUNTS REQUIRED TO BE SPECI- title 10, United States Code, and any other to the North Atlantic Treaty Organization FIED BY LAW. cost variations authorized by law, the total Security Investment program. (a) EXPIRATION OF AUTHORIZATIONS AFTER cost of all projects carried out under section (c) CLERICAL AMENDMENTS.—(1) The section THREE YEARS.—Except as provided in sub- 2401 of this Act may not exceed— heading of such section is amended to read section (b), all authorizations contained in (1) the total amount authorized to be ap- as follows: titles XXI through XXVI for military con- propriated under paragraphs (1) and (2) of ‘‘§ 2806. Contributions for North Atlantic struction projects, land acquisition, family subsection (a); Treaty Organizations Security Investment’’. housing projects and facilities, and contribu- (2) $161,503,000 (the balance of the amount tions to the North Atlantic Treaty Organiza- authorized under section 2401(a) of this Act (2) The table of sections at the beginning of tion Security Investment program (and au- for the construction of a chemical demili- subchapter I of chapter 169 of title 10, United thorizations of appropriations therefor) shall tarization facility at Pueblo Army Depot, States Code, is amended by striking out the expire on the later of— Colorado); and item relating to section 2806 and inserting in (1) October 1, 1999; or (3) $1,600,000 (the balance of the amount au- lieu thereof the following: (2) the date of the enactment of an Act au- thorized under section 2401(a) of this Act for ‘‘2806. Contributions for North Atlantic Trea- thorizing funds for military construction for the construction of a replacement facility ty Organizations Security In- fiscal year 2000. for the medical and dental clinic, Key West vestment.’’. (b) EXCEPTION.—Subsection (a) shall not Naval Air Station, Florida). (d) CONFORMING AMENDMENTS.—(1) Section apply to authorizations for military con- TITLE XXV—NORTH ATLANTIC TREATY 2861(b)(3) of title 10, United States Code, is struction projects, land acquisition, family ORGANIZATION SECURITY INVESTMENT amended by striking out ‘‘North Atlantic housing projects and facilities, and contribu- PROGRAM Treaty Organization Infrastructure pro- tions to the North Atlantic Treaty Organiza- gram’’ and inserting in lieu thereof ‘‘North SEC. 2501. AUTHORIZED NATO CONSTRUCTION tion Security Investment program (and au- AND LAND ACQUISITION PROJECTS. Atlantic Treaty Organization Security In- thorizations of appropriations therefor), for The Secretary of Defense may make con- vestment program’’. which appropriated funds have been obli- tributions for the North Atlantic Treaty Or- (2) Section 21(h)(1)(B) of the Arms Export gated before the later of— ganization Security Investment program as Control Act (22 U.S.C. 2761(h)(1)(B)) is (1) October 1, 1999; or provided in section 2806 of title 10, United amended by striking out ‘‘North Atlantic (2) the date of the enactment of an Act au- States Code, in an amount not to exceed the Treaty Organization Infrastructure Pro- thorizing funds for fiscal year 2000 for mili- sum of the amount authorized to be appro- gram’’ and inserting in lieu thereof ‘‘North tary construction projects, land acquisition, priated for this purpose in section 2502 and Atlantic Treaty Organization Security In- family housing projects and facilities, or the amount collected from the North Atlan- vestment program’’. contributions to the North Atlantic Treaty tic Treaty Organization as a result of con- TITLE XXVI—GUARD AND RESERVE struction previously financed by the United Organization Security Investment program. FORCES FACILITIES States. SEC. 2702. EXTENSION OF AUTHORIZATIONS OF SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, SEC. 2601. AUTHORIZED GUARD AND RESERVE CERTAIN FISCAL YEAR 1994 NATO. CONSTRUCTION AND LAND ACQUISI- PROJECTS. TION PROJECTS. Funds are hereby authorized to be appro- (a) EXTENSIONS.—Notwithstanding section priated for fiscal years beginning after Sep- There are authorized to be appropriated for fiscal years beginning after September 30, 2701 of the Military Construction Authoriza- tember 30, 1996, for contributions by the Sec- tion Act for Fiscal Year 1994 (division B of retary of Defense under section 2806 of title 1996, for the costs of acquisition, architec- tural and engineering services, and construc- Public Law 103–160; 107 Stat. 1880), authoriza- 10, United States Code, for the share of the tions for the projects set forth in the tables United States of the cost of projects for the tion of facilities for the Guard and Reserve in subsection (b), as provided in section 2101, North Atlantic Treaty Security Investment Forces, and for contributions therefor, under 2102, 2201, 2301, or 2601 of that Act, shall re- program as authorized by section 2501, in the chapter 1803 of title 10, United States Code main in effect until October 1, 1997, or the amount of $197,000,000. (including the cost of acquisition of land for those facilities), the following amounts: date of the enactment of an Act authorizing SEC. 2503. REDESIGNATION OF NORTH ATLANTIC funds for military construction for fiscal TREATY ORGANIZATION INFRA- (1) For the Department of the Army— STRUCTURE PROGRAM. (A) for the Army National Guard of the year 1998, whichever is later. (a) REDESIGNATION.—Subsection (b) of sec- United States, $79,628,000; and (b) TABLES.—The tables referred to in sub- tion 2806 of title 10, United States Code, is (B) for the Army Reserve, $59,174,000. section (a) are as follows: Army: Extension of 1994 Project Authorizations

State Installation or location Project Amount

New Jersey ...... Picatinny Arsenal ...... Advance Warhead Develop- $4,400,000 ment Facility. North Carolina ...... Fort Bragg ...... Land Acquisition ...... $15,000,000 Wisconsin ...... Fort McCoy ...... Family Housing Construc- $2,950,000 tion (16 units).

Navy: Extension of 1994 Project Authorizations

State or Location Installation or location Project Amount

California ...... Camp Pendleton Marine Corps Base ...... Sewage Facility ...... $7,930,000 Connecticut ...... New London Naval Submarine Base ...... Hazardous Waste Transfer $1,450,000 Facility. New Jersey ...... Earle Naval Weapons Station ...... Explosives Holding Yard ..... $1,290,000 Virginia ...... Oceana Naval Air Station ...... Jet Engine Test Cell Re- $5,300,000 placement. Various Locations ...... Various Locations ...... Land Acquisition Inside the $540,000 United States. Various Locations ...... Various Locations ...... Land Acquisition Outside $800,000 the United States.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6361 Air Force: Extension of 1994 Project Authorizations

State Installation or Location Project Amount

Alaska ...... Eielson Air Force Base ...... Upgrade Water Treatment $3,750,000 Plant. Elmendorf Air Force Base ...... Corrosion Control Facility ... $5,975,000 California ...... Beale Air Force Base ...... Educational Center ...... $3,150,000 Florida ...... Tyndall Air Force Base ...... Base Supply Logistics Cen- $2,600,000 ter. Mississippi ...... Keesler Air Force Base ...... Upgrade Student Dormitory $4,500,000 North Carolina ...... Pope Air Force Base ...... Add To and Alter Dor- $4,300,000 mitories. Virginia ...... Langley Air Force Base ...... Fire Station ...... $3,850,000

Army National Guard: Extension of 1994 Project Authorizations

State Installation or Location Project Amount

Alabama ...... Birmingham ...... Aviation Support Facility .... $4,907,000 Arizona ...... Marana ...... Organization Maintenance $553,000 Shop. Marana ...... Dormitory/Dining Facility .... $2,919,000 California ...... Fresno ...... Organization Maintenance $905,000 Shop Modification. Van Nuys ...... Armory Addition ...... $6,518,000 New Mexico ...... White Sands Missile Range ...... Organization Maintenance $2,940,000 Shop. White Sands Missile Range ...... Tactical Site ...... $1,995,000 White Sands Missile Range ...... Mobilization and Training $3,570,000 Equipment Site. Pennsylvania ...... Indiantown Gap ...... State Military Building ...... $9,200,000 Johnstown ...... Armory Addition/Flight Fa- $5,004,000 cility. Johnstown ...... Armory ...... $3,000,000

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1993 PROJECTS. (a) EXTENSIONS.—Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 1993 (division B of Public Law 102–484; 106 Stat. 2602), authorizations for the projects set forth in the tables in subsection (b), as provided in section 2101, 2301, or 2601 of that Act and extended by section 2702 of the Military Construction Authorization Act for Fiscal Year 1996 (division B of Public Law 104– 106; 110 Stat. 541), shall remain in effect until October 1, 1997, or the date of the enactment of an Act authorizing funds for military construc- tion for fiscal year 1998, whichever is later. (b) TABLES.—The tables referred to in subsection (a) are as follows:

Army: Extension of 1993 Project Authorization

State Installation or location Project Amount

Arkansas ...... Pine Bluff Arsenal ...... Ammunition Demilitariza- $15,000,000 tion Support Facility.

Air Force: Extension of 1993 Project Authorization

Country Installation or location Project Amount

Portugal ...... Lajes Field ...... Water Wells ...... $950,000

Army National Guard: Extension of 1993 Project Authorizations

State Installation or location Project Amount

Alabama ...... Tuscaloosa ...... Armory ...... $2,273,000 Union Springs ...... Armory ...... $813,000

SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1992 PROJECTS. (a) EXTENSIONS.—Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 1992 (division B of Public Law 102–190; 105 Stat. 1535), authorizations for the projects set forth in the table in subsection (b), as provided in section 2101 of that Act and extended by section 2702(a) of the Military Construction Authorization Act for Fiscal Year 1995 (division B of Public Law 103–337; 108 Stat. 3047) and section 2703(a) of the Military Construction Authorization Act for Fiscal Year 1996 (division B of Public Law 104–106; 110 Stat. 543), shall remain in effect until October 1, 1997, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 1998, whichever is later. (b) TABLE.—The table referred to in subsection (a) is as follows:

Army: Extension of 1992 Project Authorizations

State Installation or location Project Amount

Oregon ...... Umatilla Army Depot ...... Ammunition Demilitariza- $3,600,000 tion Support Facility. Umatilla Army Depot ...... Ammunition Demilitariza- $7,500,000 tion Utilities.

SEC. 2705. EFFECTIVE DATE. Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on the later of— (1) October 1, 1996; or (2) the date of the enactment of this Act.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 8634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6362 CONGRESSIONAL RECORD — SENATE June 18, 1996 TITLE XXVIII—GENERAL PROVISIONS lation to be closed or realigned under this count referred to in that paragraph for the Subtitle A—Military Construction Program title, with or without reimbursement, to a purpose of acquiring, constructing, and im- and Military Family Housing Changes military department or other entity (includ- proving commissary stores. ing a nonappropriated fund instrumentality) ‘‘(B) The Secretary may use amounts de- SEC. 2801. INCREASE IN CERTAIN THRESHOLDS posited under paragraph (1)(B) in a non- FOR UNSPECIFIED MINOR CON- within the Department of Defense or the STRUCTION PROJECTS. Coast Guard.’’. appropriated fund account pursuant to that (a) O&M FUNDING FOR PROJECTS.—Section (b) RATIFICATION OF TRANSFERS—Any paragraph for the purpose of acquiring, con- 2805(c)(1)(B) of title 10, United States Code, is transfer by the Secretary of Defense of real structing, and improving nonappropriated amended by striking out ‘‘$300,000’’ and in- property or facilities at a military installa- fund instrumentalities.’’. serting in lieu thereof ‘‘$500,000’’. tion closed or realigned under title II of the SEC. 2813. AGREEMENTS FOR SERVICES AT IN- STALLATIONS AFTER CLOSURE. (b) O&M FUNDING FOR RESERVE COMPONENT Defense Authorization Amendments and (a) 1988 LAW.—Section 204(b)(8)(A) of the FACILITIES.—Subsection (b) of section 18233a Base Closure and Realignment Act (Public of such title is amended by striking out Law 100–526; 10 U.S.C. 2687 note) to a military Defense Authorization Amendments and ‘‘$300,000’’ and inserting in lieu thereof department or other entity of the Depart- Base Closure and Realignment Act (Public ‘‘$500,000’’. ment of Defense or the Coast Guard during Law 100–526; 10 U.S.C. 2687 note) is amended (c) NOTIFICATION FOR EXPENDITURES AND the period beginning on November 30, 1993, by inserting ‘‘, or at facilities not yet trans- CONTRIBUTIONS FOR RESERVE COMPONENT FA- and ending on the date of the enactment of ferred or otherwise disposed of in the case of CILITIES.—Subsection (a)(1) of such section this Act is hereby ratified. installations closed under this title,’’ after 18233a is amended by striking out ‘‘$400,000’’ SEC. 2812. DISPOSITION OF PROCEEDS FROM DIS- ‘‘under this title’’. (b) 1990 LAW.—Section 2905(b)(8)(A) of the and inserting in lieu thereof ‘‘$1,500,000’’. POSAL OF COMMISSARY STORES AND NONAPPROPRIATED FUND IN- Defense Base Closure and Realignment Act SEC. 2802. CLARIFICATION OF AUTHORITY TO IM- STRUMENTALITIES AT INSTALLA- of 1990 (part A of title XXIX of Public Law PROVE MILITARY FAMILY HOUSING. TIONS BEING CLOSED OR RE- 101–510; 10 U.S.C. 2687 note) is amended by in- (a) EXCLUSION OF MINOR MAINTENANCE AND ALIGNED. serting ‘‘, or at facilities not yet transferred REPAIR.—Subsection (a)(2) of section 2825 of (a) 1988 LAW.—(1) Section 204(b)(7)(C) of the or otherwise disposed of in the case of instal- title 10, United States Code, is amended by Defense Authorization Amendments and lations closed under this part,’’ after ‘‘under inserting ‘‘(other than day-to-day mainte- Base Closure and Realignment Act (Public this part’’. nance or repair work)’’ after ‘‘work’’. Law 100–526; 10 U.S.C. 2687 note) is amended— Subtitle C—Land Conveyances (b) APPLICABILITY OF LIMITATION ON FUNDS (A) in clause (i), by striking out ‘‘shall be FOR IMPROVEMENTS.—Subsection (b)(2) of deposited’’ and all that follows through the SEC. 2821. TRANSFER OF LANDS, ARLINGTON NA- TIONAL CEMETERY, ARLINGTON, such section is amended— end of the clause and inserting in lieu there- (1) by striking out ‘‘the cost of repairs’’ VIRGINIA. of ‘‘shall be deposited as follows: (a) REQUIREMENT FOR SECRETARY OF THE IN- and all that follows through ‘‘in connection ‘‘(I) In the case of proceeds of the transfer with’’ and inserting in lieu thereof ‘‘of the TERIOR TO TRANSFER CERTAIN SECTION 29 or other disposal of property acquired, con- LANDS.—(1) The Secretary of the Interior unit or units concerned the cost of mainte- structed, or improved with commissary store nance or repairs undertaken in connection shall transfer to the Secretary of the Army funds, in the account in the Treasury known administrative jurisdiction over the fol- with the improvement of the unit or units as the Surcharge Collection, Sales of Com- and any cost (other than the cost of activi- lowing lands located in section 29 of the Na- missary Stores, Defense, account. tional Park System at Arlington National ties undertaken beyond a distance of five ‘‘(II) In the case of proceeds of the transfer feet from the unit or units) in connection Cemetery, Virginia: or other disposal of property acquired, con- (A) The lands known as the Arlington Na- with’’; and structed, or improved with nonappropriated (2) by inserting ‘‘, drives,’’ after ‘‘roads’’. tional Cemetery Interment Zone. funds, in a nonappropriated fund account of (B) All lands in the Robert E. Lee Memo- SEC. 2803. AUTHORITY TO GRANT EASEMENTS the Department of Defense designated by the rial Preservation Zone, other than those FOR RIGHTS-OF-WAY. Secretary.’’; lands in the Preservation Zone that the Sec- (a) EASEMENTS FOR ELECTRIC POLES AND (B) by redesignating clause (iii) as clause retary of the Interior determines must be re- LINES AND FOR COMMUNICATIONS LINES AND (iv); and tained because of the historical significance FACILITIES.—Section 2668(a) of title 10, (C) by inserting after clause (ii) the fol- of such lands or for the maintenance of near- United States Code, is amended— lowing new clause (iii): by lands or facilities. (1) by striking out ‘‘and’’ at the end of ‘‘(iii)(I) The Secretary may use amounts (2) The transfer of lands under paragraph paragraph (9); deposited under clause (i)(I) in the account (1) shall be carried out in accordance with (2) by redesignating paragraph (10) as para- referred to in that clause for the purpose of the Interagency Agreement Between the De- graph (13); and acquiring, constructing, and improving com- partment of the Interior, the National Park (3) by inserting after paragraph (9) the fol- missary stores. Service, and the Department of the Army, lowing new paragraphs: ‘‘(II) The Secretary may use amounts de- Dated February 22, 1995. ‘‘(10) poles and lines for the transmission posited under clause (i)(II) in a non- (3) The exact acreage and legal descrip- or distribution of electric power; appropriated fund account pursuant to that tions of the lands to be transferred under ‘‘(11) poles and lines for the transmission clause for the purpose of acquiring, con- paragraph (1) shall be determined by surveys or distribution of communications signals structing, and improving nonappropriated satisfactory to the Secretary of the Interior (including telephone and telegraph signals); fund instrumentalities.’’. and the Secretary of the Army. ‘‘(12) structures and facilities for the trans- (2) Section 206(a)(7) of that Act is amended (b) REQUIREMENT FOR ADDITIONAL TRANS- mission, reception, and relay of such signals; by striking out ‘‘Proceeds received’’ and in- FERS.—(1) The Secretary of the Interior shall and’’. serting in lieu thereof ‘‘Except as provided in transfer to the Secretary of the Army ad- (b) CONFORMING AMENDMENTS.—Such sec- section 204(b)(7)(C), proceeds received’’. ministrative jurisdiction over a parcel of tion is further amended— (b) 1990 LAW.—Section 2906(d) of the De- land, including any improvements thereon, (1) in paragraph (3), by striking out ‘‘, tele- fense Base Closure and Realignment Act of consisting of approximately 2.43 acres, lo- phone lines, and telegraph lines,’’; and 1990 (part A of title XXIX of Public Law 101– cated in the Memorial Drive entrance area to (2) in paragraph (13), as redesignated by 510; 10 U.S.C. 2687 note) is amended— Arlington National Cemetery. subsection (a)(2), by striking out ‘‘or by the (1) in paragraph (1), by striking out ‘‘shall (2)(A) The Secretary of the Army shall Act of March 4, 1911 (43 U.S.C. 961)’’. be deposited’’ and all that follows through transfer to the Secretary of the Interior ad- Subtitle B—Defense Base Closure and the end and inserting in lieu thereof ‘‘shall ministrative jurisdiction over a parcel of Realignment be deposited as follows: land, including any improvements thereon, ‘‘(A) In the case of proceeds of the transfer SEC. 2811. RESTORATION OF AUTHORITY UNDER consisting of approximately 0.17 acres, lo- 1988 BASE CLOSURE LAW TO TRANS- or other disposal of property acquired, con- cated at Arlington National Cemetery, and FER PROPERTY AND FACILITIES TO structed, or improved with commissary store known as the Old Administrative Building OTHER ENTITIES IN THE DEPART- funds, in the account in the Treasury known site. The site is part of the original reserva- MENT OF DEFENSE. as the Surcharge Collections, Sales of Com- tion of Arlington National Cemetery. (a) RESTORATION OF AUTHORITY.—Section missary Stores, Defense, account. (B) In connection with the transfer under 204(b)(2) of the Defense Authorization ‘‘(B) In the case of proceeds of the transfer subparagraph (A), the Secretary of the Army Amendments and Base Closure and Realign- or other disposal of property acquired, con- shall grant to the Secretary of the Interior a ment Act (Public Law 100–526; 10 U.S.C. 2687 structed, or improved with nonappropriated perpetual right of ingress and egress to the note) is amended— funds, in a nonappropriated fund account of parcel transferred under that subparagraph. (1) by redesignating subparagraphs (D) and the Department of Defense designated by the (3) The exact acreage and legal descrip- (E) as subparagraphs (E) and (F), respec- Secretary.’’; and tions of the lands to be transferred pursuant tively; and (2) by striking out paragraph (3) and in- to this subsection shall be determined by (2) by inserting after subparagraph (C) the serting in lieu thereof the following new surveys satisfactory to the Secretary of the following new subparagraph (D): paragraph (3): Interior and the Secretary of the Army. The ‘‘(D) The Secretary may transfer real prop- ‘‘(3)(A) The Secretary may use amounts de- costs of such surveys shall be borne by the erty or facilities located at a military instal- posited under paragraph (1)(A) in the ac- Secretary of the Army.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6363 SEC. 2822. LAND TRANSFER, POTOMAC ANNEX, State of Delaware (in this section referred to terms and conditions in connection with the DISTRICT OF COLUMBIA. as the ‘‘State’’), all right, title, and interest conveyance under this section as the Sec- (a) TRANSFER REQUIRED.—Subject to sub- of the United States in and to a parcel of retary considers appropriate to protect the section (b), the Secretary of the Navy shall real property, including any improvements interests of the United States. transfer, without consideration other than thereon, consisting of approximately 16.8 SEC. 2826. CONVEYANCE OF PRIMATE RESEARCH the reimbursement provided for in sub- acres at the site of the former Naval Reserve COMPLEX, HOLLOMAN AIR FORCE section (d), to the United States Institute of Facility, Lewes, Delaware. BASE, NEW MEXICO. Peace (in this section referred to as the ‘‘In- (b) REQUIREMENT FOR FEDERAL SCREENING (a) CONVEYANCE AUTHORIZED.—Notwith- stitute’’) administrative jurisdiction over a OF PROPERTY.—The Secretary may not carry standing any provision of the Federal Prop- parcel of real property, including any im- out the conveyance of property authorized erty and Administrative Services Act of 1949 provements thereon, consisting of approxi- by subsection (a) unless the Secretary deter- (40 U.S.C. 471 et seq.), or any regulations pre- mately 3 acres, at the northwest corner of mines that no department or agency of the scribed thereunder, the Secretary of the Air Twenty-third Street and Constitution Ave- Federal Government will accept the transfer Force may convey all right, title, and inter- nue, Northwest, District of Columbia, the of the property. est of the United States in and to the pri- site of the Potomac Annex. (c) CONDITION OF CONVEYANCE.—The con- mate research complex at Holloman Air (b) CONDITION.—The Secretary may not veyance under subsection (a) shall be subject Force Base, New Mexico. The conveyance make the transfer specified in subsection (a) to the condition that the State use the real shall include the colony of chimpanzees unless the Institute agrees to provide the property conveyed under that subsection in owned by the Air Force that are housed at or Navy a number of parking spaces at or in the perpetuity solely for public park or rec- managed from the primate research complex. vicinity of the headquarters to be con- reational purposes. The conveyance may not include the real structed on the parcel transferred equal to (d) REVERSION.—If the Secretary of the In- property on which the primate research com- the number of parking spaces available to terior determines at any time that the real plex is located. the Navy on the parcel as of the date of the property conveyed pursuant to this section transfer. is not being used for a purpose specified in (b) COMPETITIVE PROCEDURES REQUIRED.— (c) REQUIREMENT RELATING TO TRANSFER.— subsection (b), all right, title, and interest in The Secretary shall use competitive proce- The transfer specified in subsection (a) may and to such real property, including any im- dures in selecting the person or entity to not occur until the Institute obtains all per- provements thereon, shall revert to the which to make the conveyance authorized by mits, approvals, and site plan reviews re- United States and the United States shall subsection (a). quired by law with respect to the construc- have the right of immediate entry thereon. (c) STANDARDS TO BE USED IN SOLICITATION tion on the parcel of a headquarters for oper- (e) DESCRIPTION OF PROPERTY.—The exact OF BIDS.—The Secretary shall develop stand- ations of the Institute. acreage and legal description of the real ards for the care and use of the primate re- (d) COSTS.—The Institute shall reimburse property to be conveyed pursuant to this sec- search complex, and of chimpanzees, to be the Secretary for the costs incurred by the tion shall be determined by a survey satis- used in soliciting bids for the conveyance au- Secretary in carrying out the transfer speci- factory to the Secretary of the Navy. The thorized by subsection (a). The Secretary fied in subsection (a). cost of such survey shall be borne by the shall develop such standards in consultation (e) DESCRIPTION OF PROPERTY.—The exact State. with the Secretary of Agriculture and the acreage and legal description of the property (f) ADDITIONAL TERMS AND CONDITIONS.— Director of the National Institutes of Health. to be transferred under subsection (a) shall The Secretary of the Navy may require such (d) CONDITIONS OF CONVEYANCE.—The con- be determined by a survey that is satisfac- additional terms and conditions in connec- veyance authorized by subsection (a) shall be tory to the Secretary. The cost of the survey tion with the conveyance under this section subject to the followings conditions: shall be borne by the Institute. as the Secretary considers appropriate to (1) That the recipient of the primate re- SEC. 2823. LAND CONVEYANCE, ARMY RESERVE protect the interests of the United States. search complex— CENTER, MONTPELIER, VERMONT. SEC. 2825. LAND CONVEYANCE, RADAR BOMB (A) utilize any chimpanzees included in the (a) CONVEYANCE AUTHORIZED.—Subject to SCORING SITE, BELLE FOURCHE, conveyance only for scientific research or subsection (b), the Secretary of the Army SOUTH DAKOTA. medical research purposes; or may convey, without consideration, to the (a) CONVEYANCE AUTHORIZED.—Subject to (B) retire and provide adequate care for City of Montpelier, Vermont (in this section subsection (b), the Secretary of the Air such chimpanzees. referred to as the ‘‘City’’), all right, title, Force may convey, without consideration, to (2) That the recipient of the primate re- and interest of the United States in and to a the Belle Fourche School District, Belle search complex assume from the Secretary parcel of real property, including improve- Fourche, South Dakota (in this section re- any leases at the primate research complex ments thereon, consisting of approximately ferred to as the ‘‘District’’), all right, title, that are in effect at the time of the convey- 4.3 acres and located on Route 2 in Montpe- and interest of the United States in and to a ance. parcel of real property, together with any lier, Vermont, the site of the Army Reserve (e) DESCRIPTION OF COMPLEX.—The exact Center, Montpelier, Vermont. improvements thereon, consisting of ap- legal description of the primate research (b) REQUIREMENT FOR FEDERAL SCREENING proximately 37 acres located in Belle Four- complex to be conveyed under subsection (a) OF PROPERTY.—The Secretary may not carry che, South Dakota, which has served as the shall be determined by a survey or other out the conveyance of property authorized location of a support complex and housing means satisfactory to the Secretary. The by subsection (a) unless the Secretary deter- facilities for Detachment 21 of the 554th cost of any survey or other services per- mines that no department or agency of the Range Squadron, an Air Force radar bomb formed at the direction of the Secretary Federal Government will accept the transfer scoring site. The conveyance may not in- under the authority in the preceding sen- of the property. clude any portion of the radar bomb scoring tence shall be borne by the recipient of the (c) CONDITION.—The conveyance authorized site located in the State of Wyoming. primate research complex. under subsection (a) shall be subject to the (b) REQUIREMENT FOR FEDERAL SCREENING (f) ADDITIONAL TERMS AND CONDITIONS.— condition that the City agree to lease to the OF PROPERTY.—The Secretary may not carry Civil Air Patrol, at no rental charge to the out the conveyance of property authorized The Secretary may require such additional Civil Air Patrol, the portion of the real prop- by subsection (a) unless the Secretary deter- terms and conditions in connection with the erty and improvements located on the parcel mines that no department or agency of the conveyance under subsection (a) as the Sec- to be conveyed that the Civil Air Patrol Federal Government will accept the transfer retary considers appropriate to protect the leases from the Secretary as of the date of of the property. interests of the United States. the enactment of this Act. (c) CONDITION OF CONVEYANCE.—The con- SEC. 2827. DEMONSTRATION PROJECT FOR IN- (d) DESCRIPTION OF PROPERTY.—The exact veyance authorized under subsection (a) STALLATION AND OPERATION OF acreage and legal description of the real shall be subject to the condition that the ELECTRIC POWER DISTRIBUTION property to be conveyed under subsection (a) District— SYSTEM AT YOUNGSTOWN AIR RE- SERVE STATION, OHIO. shall be determined by a survey satisfactory (1) use the property and facilities conveyed to the Secretary. The cost of the survey under that subsection for education, eco- (a) AUTHORITY.—The Secretary of the Air shall be borne by the City. nomic development, or housing purposes; or Force may carry out a demonstration (e) ADDITIONAL TERMS AND CONDITIONS.— (2) enter into an agreement with an appro- project to assess the feasibility and advis- The Secretary may require such additional priate public or private entity to sell or lease ability of permitting private entities to in- terms and conditions in connection with the the property and facilities to such entity for stall, operate, and maintain electric power conveyance under this section as the Sec- such purposes. distribution systems at military installa- retary considers appropriate to protect the (d) DESCRIPTION OF PROPERTY.—The exact tions. The Secretary shall carry out the interests of the United States. acreage and legal description of the property demonstration project through an agreement SEC. 2824. LAND CONVEYANCE, FORMER NAVAL conveyed under this section shall be deter- under subsection (b). RESERVE FACILITY, LEWES, DELA- mined by a survey satisfactory to the Sec- (b) AGREEMENT.—(1) In order to carry out WARE. retary. The cost of the survey shall be borne the demonstration project, the Secretary (a) CONVEYANCE AUTHORIZED.—Subject to by the District. shall enter into an agreement with an elec- subsection (b), the Secretary of the Navy (e) ADDITIONAL TERMS AND CONDITIONS.— tric utility or other company in the Youngs- may convey, without consideration, to the The Secretary may require such additional town, Ohio, area under which the utility or

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6364 CONGRESSIONAL RECORD — SENATE June 18, 1996 company, as the case may be, installs, oper- programs in the amount of $1,636,767,000, to Project 94–D–124, hydrogen fluoride supply ates, and maintains (in a manner satisfac- be allocated as follows: system, Y–12 plant, Oak Ridge, Tennessee, tory to the Secretary and the utility or com- (1) For core stockpile stewardship, $4,900,000. pany) an electric power distribution system $1,200,907,000, to be allocated as follows: Project 94–D–125, upgrade life safety, Kan- at Youngstown Air Reserve Station, Ohio. (A) For operation and maintenance, sas City Plant, Kansas City, Missouri, (2) The Secretary may not enter into an $1,112,570,000. $5,200,000. agreement under this subsection until— (B) For plant projects (including mainte- Project 94–D–127, emergency notification (A) the Secretary submits to the congres- nance, restoration, planning, construction, system, Pantex Plant, Amarillo, Texas, sional defense committees a report on the acquisition, modification of facilities, and $2,200,000. agreement to be entered into, including the the continuation of projects authorized in Project 93–D–122, life safety upgrades, Y–12 costs to be incurred by the United States prior years, and land acquisition related plant, Oak Ridge, Tennessee, $7,200,000. under the agreement; and thereto), $88,337,000, to be allocated as fol- Project 93–D–123, non-nuclear reconfigura- (B) a period of 21 days has elapsed from the lows: tion, complex-21, various locations, date of the receipt of the report by the com- Project 96–D–102, stockpile stewardship fa- $14,487,000. mittees. cilities revitalization, Phase VI, various lo- Project 88–D–122, facilities capability as- (c) LICENSES AND EASEMENTS.—In order to cations, $19,250,000. surance program, various locations, facilitate the installation, operation, and Project 96–D–103, ATLAS, Los Alamos Na- $21,940,000. maintenance of the electric power distribu- tional Laboratory, Los Alamos, New Mexico, Project 88–D–123, security enhancement, tion system under the agreement under sub- $15,100,000. Pantex Plant, Amarillo, Texas, $9,739,000. section (b), the Secretary may grant the Project 96–D–104, processing and environ- (c) PROGRAM DIRECTION.—Funds are hereby utility or company with which the Secretary mental technology laboratory (PETL), enters into the agreement such licenses, Sandia National Laboratories, Albuquerque, authorized to be appropriated to the Depart- easements, and rights-of-way as the Sec- New Mexico, $14,100,000. ment of Energy for fiscal year 1997 for pro- retary and the utility or company, as the Project 96–D–105, contained firing facility gram direction in carrying out weapons ac- case may be, jointly determine necessary for addition, Lawrence Livermore National Lab- tivities necessary for national security pro- such purposes. oratory, Livermore, California, $17,100,000. grams in the amount of $323,404,000. (d) OWNERSHIP OF SYSTEM.—The agreement Project 95–D–102, Chemical and Metallurgy Research Building upgrades project, Los Ala- SEC. 3102. ENVIRONMENTAL RESTORATION AND between the Secretary and the utility or WASTE MANAGEMENT. company under subsection (b) may provide mos National Laboratory, Los Alamos, New that the utility or company, as the case may Mexico, $15,000,000. (a) ENVIRONMENTAL RESTORATION.—Subject be, shall own the electric power distribution Project 94–D–102, nuclear weapons re- to subsection (j), funds are hereby authorized system installed under the agreement. search, development, and testing facilities to be appropriated to the Department of En- (e) RATES.—The rates charged by the util- revitalization, Phase V, various locations, ergy for fiscal year 1997 for environmental ity or company for providing and distrib- $7,787,000. restoration in carrying out environmental uting electric power at Youngstown Air Re- (2) For inertial fusion, $366,460,000, to be al- restoration and waste management activi- serve Station through the electric power dis- located as follows: ties necessary for national security pro- (A) For operation and maintenance, tribution system installed under the agree- grams in the amount of $1,777,194,000. ment under subsection (b) may not include $234,560,000. the costs, including the amortization of any (B) For the following plant project (includ- (b) WASTE MANAGEMENT.—Subject to sub- costs, incurred by the utility or company, as ing maintenance, restoration, planning, con- section (j), funds are hereby authorized to be the case may be, in installing the system. struction, acquisition, and modification of appropriated to the Department of Energy (f) REPORTS.—Not later than February 1, facilities, and land acquisition related there- for fiscal year 1997 for waste management in 1997, and February 1 of each year following a to): carrying out environmental restoration and year in which the Secretary carries out the Project 96–D–111, national ignition facility, waste management activities necessary for demonstration project under this section, location to be determined, $131,900,000. national security programs in the amount of the Secretary shall submit to the congres- (3) For technology transfer and education, $1,601,653,000, to be allocated as follows: sional defense committees a report on the $69,400,000. (1) For operation and maintenance, project. The report shall include the Sec- (b) STOCKPILE MANAGEMENT.—Funds are $1,513,326,000. retary’s current assessment of the project hereby authorized to be appropriated to the (2) For plant projects (including mainte- and the recommendations, if any, of the Sec- Department of Energy for fiscal year 1997 for nance, restoration, planning, construction, retary of extending the authority with re- stockpile management in carrying out weap- acquisition, modification of facilities, and ons activities necessary for national security spect to the project to other facilities and in- the continuation of projects authorized in programs in the amount of $1,988,831,000, to stallations of the Department of Defense. prior years, and land acquisition related be allocated as follows: (g) FUNDING.—In order to pay the costs of thereto), $88,327,000, to be allocated as fol- (1) For operation and maintenance, the United States under the agreement lows: $1,894,470,000. under subsection (b), the Secretary may use Project 97–D–402, tank restoration and safe (2) For plant projects (including mainte- funds authorized to be appropriated by sec- operations, Richland, Washington, $7,584,000. nance, restoration, planning, construction, tion 2601(3)(B) of the Military Construction Project 96–D–408, waste management up- acquisition, modification of facilities, and Authorization Act for Fiscal Year 1996 (divi- grades, various locations, $11,246,000. the continuation of projects authorized in sion B of Public Law 104–106; 110 Stat. 540) for Project 95–D–402, install permanent elec- prior years, and land acquisition related the purpose of rebuilding the electric power trical service, Waste Isolation Pilot Plant, thereto), $94,361,000, to be allocated as fol- distribution system at the Youngstown Air Carlsbad, New Mexico, $752,000. lows: Reserve Station that were appropriated for Project 95–D–405, industrial landfill V and Project 97–D–121, consolidated pit pack- that purpose by the Military Construction construction/demolition landfill VII, Phase aging system, Pantex Plant, Amarillo, Appropriations Act, 1996 (Public Law 104–32; III, Y–12 Plant, Oak Ridge, Tennessee, Texas, $870,000. 109 Stat. 283) and that remain available for $200,000. Project 97–D–122, nuclear materials storage obligation for that purpose as of the date of Project 94–D–404, Melton Valley storage facility renovation, Los Alamos National the enactment of this Act. tank capacity increase, Oak Ridge National Laboratory, Los Alamos, New Mexico, (h) ADDITIONAL TERMS AND CONDITIONS.— Laboratory, Oak Ridge, Tennessee, $6,345,000. $4,000,000. The Secretary may require such additional Project 94–D–407, initial tank retrieval sys- Project 97–D–123, structural upgrades, Kan- terms and conditions in the agreement under tems, Richland, Washington, $12,600,000. sas City Plant, Kansas City, Missouri, subsection (b) as the Secretary considers ap- Project 93–D–182, replacement of cross-site $1,400,000. propriate to protect the interests of the transfer system, Richland, Washington, Project 97–D–124, steam plant waste water United States. $8,100,000. treatment facility upgrade, Y–12 plant, Oak DIVISION C—DEPARTMENT OF ENERGY Project 93–D–187, high-level waste removal Ridge, Tennessee, $600,000. NATIONAL SECURITY AUTHORIZATIONS from filled waste tanks, Savannah River Project 96–D–122, sewage treatment quality AND OTHER AUTHORIZATIONS Site, South Carolina, $20,000,000. upgrade (STQU), Pantex Plant, Amarillo, Project 89–D–174, replacement high-level TITLE XXXI—DEPARTMENT OF ENERGY Texas, $100,000. waste evaporator, Savannah River Site, NATIONAL SECURITY PROGRAMS Project 96–D–123, retrofit heating, ventila- Aiken, South Carolina, $11,500,000. Subtitle A—National Security Programs tion, and air conditioning and chillers for Project 86–D–103, decontamination and Authorizations ozone protection, Y–12 plant, Oak Ridge, waste treatment facility, Lawrence Liver- SEC. 3101. WEAPONS ACTIVITIES. Tennessee, $7,000,000. more National Laboratory, Livermore, Cali- (a) STOCKPILE STEWARDSHIP.—Funds are Project 96–D–125, Washington measure- fornia, $10,000,000. hereby authorized to be appropriated to the ments operations facility, Andrews Air Force Department of Energy for fiscal year 1997 for Base, Camp Springs, Maryland, $3,825,000. (c) TECHNOLOGY DEVELOPMENT.—Subject to stockpile stewardship in carrying out weap- Project 95–D–122, sanitary sewer upgrade, subsection (j), funds are hereby authorized to ons activities necessary for national security Y–12 plant, Oak Ridge, Tennessee, $10,900,000. be appropriated to the Department of Energy

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6365 for fiscal year 1997 for technology develop- Project 94–D–401, emergency response facil- Project 97–D–201, advanced test reactor ment in carrying out environmental restora- ity, Idaho National Engineering Laboratory, secondary coolant system upgrades Idaho tion and waste management activities nec- Idaho, $547,000. National Engineering Laboratory, Idaho, essary for national security programs in the (g) ENVIRONMENTAL SCIENCE AND RISK POL- $400,000. amount of $328,771,000. ICY.—Subject to subsection (j), funds are Project 95–D–200, laboratory systems and (d) NUCLEAR MATERIALS AND FACILITIES hereby authorized to be appropriated to the hot cell upgrades, various locations, STABILIZATION.—Subject to subsection (j), Department of Energy for fiscal year 1997 for $4,800,000. funds are hereby authorized to be appro- environmental science and risk policy activi- Project 95–D–201, advanced test reactor ra- priated to the Department of Energy for fis- ties in carrying out environmental restora- dioactive waste system upgrades, Idaho Na- cal year 1997 for nuclear materials and facili- tion and waste management activities nec- tional Engineering Laboratory, Idaho, ties stabilization in carrying out environ- essary for national security programs in the $500,000. mental restoration and waste management amount of $52,136,000. Project 90–N–102, expended core facility dry activities necessary for national security (h) ENVIRONMENTAL MANAGEMENT PRIVAT- cell project, Naval Reactors Facility, Idaho, programs in the amount of $994,821,000, to be IZATION.—Subject to subsection (j), funds are $8,000,000. allocated as follows: hereby authorized to be appropriated to the (C) For program direction, $18,902,000. (1) For operation and maintenance, Department of Energy for fiscal year 1997 for (12) For international nuclear safety, $909,664,000. environmental management privatization $15,200,000. activities in carrying out environmental res- (2) For plant projects (including mainte- (13) For nuclear security, $6,000,000. toration and waste management necessary nance, restoration, planning, construction, SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. for national security programs in the acquisition, modification of facilities, and Funds are hereby authorized to be appro- amount of $185,000,000. the continuation of projects authorized in priated to the Department of Energy for fis- (i) PROGRAM DIRECTION.—Subject to sub- cal year 1996 for payment to the Nuclear prior years, and land acquisition related section (j), funds are hereby authorized to be Waste Fund established in section 302(c) of thereto), $85,157,000, to be allocated as fol- appropriated to the Department of Energy the Nuclear Waste Policy Act of 1982 (42 lows: for fiscal year 1997 for program direction in U.S.C. 10222(c)) in the amount of $200,000,000. Project 97–D–450, actinide packaging and carrying out environmental restoration and storage facility, Savannah River Site, Aiken, waste management activities necessary for Subtitle B—Recurring General Provisions South Carolina, $7,900,000. national security programs in the amount of SEC. 3121. REPROGRAMMING. Project 97–D–451, B–plant safety class ven- $436,511,000. (a) IN GENERAL.—Until the Secretary of tilation upgrades, Richland, Washington, (j) ADJUSTMENTS.—The total amount au- Energy submits to the congressional defense $1,500,000. thorized to be appropriated pursuant to this committees the report referred to in sub- Project 96–D–406, spent nuclear fuels can- section is the sum of the amounts authorized section (b) and a period of 30 days has ister storage and stabilization facility, Rich- to be appropriated in subsections (a) through elapsed after the date on which such com- land, Washington, $60,672,000. (i) reduced by the sum of— mittees receive the report, the Secretary Project 96–D–464, electrical and utility sys- (1) $150,400,000, for use of prior year bal- may not use amounts appropriated pursuant tems upgrade, Idaho Chemical Processing ances; and to this title for any program— Plant, Idaho National Engineering Labora- (2) $8,000,000, for Savannah River Pension (1) in amounts that exceed, in a fiscal tory, Idaho, $10,440,000. Refund. year— Project 95–D–456, security facilities up- SEC. 3103. OTHER DEFENSE ACTIVITIES. (A) 110 percent of the amount authorized grade, Idaho Chemical Processing Plant, Funds are hereby authorized to be appro- for that program by this title; or Idaho National Engineering Laboratory, priated to the Department of Energy for fis- (B) $1,000,000 more than the amount au- Idaho, $4,645,000. cal year 1997 for other defense activities in thorized for that program by this title; or (e) POLICY AND MANAGEMENT.—Subject to carrying out programs necessary for na- (2) which has not been presented to, or re- subsection (j), funds are hereby authorized to tional security in the amount of quested of, Congress. be appropriated to the Department of Energy $1,560,700,000, to be allocated as follows: (b) REPORT.—(1) The report referred to in for fiscal year 1997 policy and management (1) For verification and control technology, subsection (a) is a report containing a full activities (including development and direc- $456,348,000, to be allocated as follows: and complete statement of the action pro- tion of policy, training and education, and (A) For nonproliferation and verification posed to be taken and the facts and cir- management) in carrying out environmental research and development, $204,919,000. cumstances relied upon in support of such restoration and waste management activi- (B) For arms control, $216,244,000. proposed action. ties necessary for national security pro- (C) For intelligence, $35,185,000. (2) In the computation of the 30-day period grams in the amount of $26,155,000. (2) For nuclear safeguards and security, under subsection (a), there shall be excluded (f) SITE OPERATIONS.—Subject to sub- $47,208,000. any day on which either House of Congress is section (j), funds are hereby authorized to be (3) For security investigations, $22,000,000. not in session because of an adjournment of appropriated to the Department of Energy (4) For environment, safety, and health, more than 3 days to a day certain. (c) LIMITATIONS.—(1) In no event may the for fiscal year 1997 for site operations in car- defense, $53,094,000. total amount of funds obligated pursuant to rying out environmental restoration and (5) For program direction, environment, this title exceed the total amount authorized waste management activities necessary for safety, and health, defense, $10,706,000. to be appropriated by this title. national security programs in the amount of (6) For worker and community transition (2) Funds appropriated pursuant to this $363,469,000, to be allocated as follows: assistance, $62,659,000. title may not be used for an item for which (1) For operation and maintenance, (7) For program direction, worker and com- Congress has specifically denied funds. $331,054,000. munity transition assistance, $4,341,000. SEC. 3122. LIMITS ON GENERAL PLANT (2) For plant projects (including mainte- (8) For fissile materials $93,796,000, to be al- PROJECTS. nance, restoration, planning, construction, located as follows: (a) IN GENERAL.—The Secretary of Energy acquisition, modification of facilities, and (A) For control and disposition, $73,163,000. may carry out any construction project the continuation of projects authorized in (B) For the following plant project (includ- under the general plant projects authorized prior years, and land acquisition related ing maintenance, restoration, planning, con- by this title if the total estimated cost of the thereto), $32,415,000, to be allocated as fol- struction, acquisition, and modification of construction project does not exceed lows: facilities, and land acquisition related there- $2,000,000. Project 96–D–461, electrical distribution up- to): (b) REPORT TO CONGRESS.—If, at any time grade, Idaho National Engineering Labora- Project 97–D–140, consolidated special nu- during the construction of any general plant tory, Idaho, $6,790,000. clear materials storage plant, location to be project authorized by this title, the esti- Project 96–D–470, environmental moni- determined, $17,000,000. mated cost of the project is revised because toring laboratory, Savannah River Site, (C) For program direction, $3,633,000. of unforeseen cost variations and the revised Aiken, South Carolina, $2,500,000. (9) For emergency management, $16,794,000. cost of the project exceeds $2,000,000, the Sec- Project 96–D–471, chlorofluorocarbon heat- (10) For program direction, nonprolifera- retary shall immediately furnish a complete ing, ventilation, and air conditioning and tion and national security, $90,622,000. report to the congressional defense commit- chiller retrofit, Savannah River Site, Aiken, (11) For naval reactors development, tees explaining the reasons for the cost vari- South Carolina, $8,541,000. $681,932,000, to be allocated as follows: ation. Project 96–D–473, health physics site sup- (A) For operation and infrastructure, SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. port facility, Savannah River Site, Aiken, $649,330,000. (a) IN GENERAL.—(1) Except as provided in South Carolina, $2,000,000. (B) For plant projects (including mainte- paragraph (2), construction on a construc- Project 95–E–600, hazardous materials man- nance, restoration, planning, construction, tion project may not be started or additional agement and emergency response training acquisition, modification of facilities, and obligations incurred in connection with the center, Richland, Washington, $7,900,000. the continuation of projects authorized in project above the total estimated cost, when- Project 95–D–155, upgrade site road infra- prior years, and land acquisition related ever the current estimated cost of the con- structure, Savannah River, South Carolina, thereto), $13,700,000, to be allocated as fol- struction project, which is authorized by sec- $4,137,000. lows: tion 3101, 3102, or 3103, or which is in support

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6366 CONGRESSIONAL RECORD — SENATE June 18, 1996 of national security programs of the Depart- (2) If the estimated cost of completing a (A) The requirements for tritium produc- ment of Energy and was authorized by any conceptual design for a construction project tion specified in the Nuclear Weapons Stock- previous Act, exceeds by more than 25 per- exceeds $3,000,000, the Secretary shall submit pile Memorandum, including, in particular, cent the higher of— to Congress a request for funds for the con- the requirements for the ‘‘upload hedge’’ (A) the amount authorized for the project; ceptual design before submitting a request component of the nuclear weapons stockpile. or for funds for the construction project. (B) The ongoing activities of the Depart- (B) the amount of the total estimated cost (3) The requirement in paragraph (1) does ment relating to the evaluation and dem- for the project as shown in the most recent not apply to a request for funds— onstration of technologies under the accel- budget justification data submitted to Con- (A) for a construction project the total es- erator reactor program and the commercial gress. timated cost of which is less than $2,000,000; light water reactor program. (2) An action described in paragraph (1) or (b) REPORT.—(1) Not later than April 15, may be taken if— (B) for emergency planning, design, and 1997, the Secretary shall submit to the Con- (A) the Secretary of Energy has submitted construction activities under section 3126. gress a report that sets forth the final deci- to the congressional defense committees a (b) AUTHORITY FOR CONSTRUCTION DESIGN.— sion of the Secretary under subsection (a)(1). report on the actions and the circumstances (1) Within the amounts authorized by this The report shall set forth in detail— making such action necessary; and title, the Secretary of Energy may carry out (A) the technologies decided on under that (B) a period of 30 days has elapsed after the construction design (including architectural subsection; and date on which the report is received by the and engineering services) in connection with (B) the accelerated schedule for the pro- committees. any proposed construction project if the duction of tritium decided on under that sub- (3) In the computation of the 30-day period total estimated cost for such design does not section. under paragraph (2), there shall be excluded exceed $600,000. (2) If the Secretary determines that it is any day on which either House of Congress is (2) If the total estimated cost for construc- not possible to make the final decision by not in session because of an adjournment of tion design in connection with any construc- the date specified in paragraph (1), the Sec- more than 3 days to a day certain. tion project exceeds $600,000, funds for such retary shall submit to Congress on that date (b) EXCEPTION.—Subsection (a) shall not design must be specifically authorized by a report that explains in detail why the final apply to any construction project which has law. decision cannot be made by that date. a current estimated cost of less than SEC. 3126. AUTHORITY FOR EMERGENCY PLAN- (c) NEW TRITIUM PRODUCTION FACILITY.— $5,000,000. NING, DESIGN, AND CONSTRUCTION The Secretary shall commence planning and ACTIVITIES. design activities and infrastructure develop- SEC. 3124. FUND TRANSFER AUTHORITY. (a) AUTHORITY.—The Secretary of Energy ment for a new tritium production facility. (a) TRANSFER TO OTHER FEDERAL AGEN- may use any funds available to the Depart- (d) IN-REACTOR TESTS.—The Secretary may CIES.—The Secretary of Energy may transfer perform in-reactor tests of tritium target funds authorized to be appropriated to the ment of Energy pursuant to an authorization in this title, including those funds author- rods as part of the activities carried out Department of Energy pursuant to this title under the commercial light water reactor to other Federal agencies for the perform- ized to be appropriated for advance planning and construction design under sections 3101, program. ance of work for which the funds were au- (e) FUNDING.—Of the funds authorized to be 3102, and 3103, to perform planning, design, thorized. Funds so transferred may be appropriated to the Department of Energy and construction activities for any Depart- merged with and be available for the same pursuant to section 3101— ment of Energy national security program purposes and for the same period as the au- (1) not more than $45,000,000 shall be avail- construction project that, as determined by thorizations of the Federal agency to which able for research, development, and tech- the Secretary, must proceed expeditiously in the amounts are transferred. nology demonstration activities and other order to protect public health and safety, to (b) TRANSFER WITHIN DEPARTMENT OF EN- activities relating to the production of trit- meet the needs of national defense, or to pro- ERGY; LIMITATIONS.—(1) Subject to paragraph ium in accelerators; and tect property. (2), the Secretary of Energy may transfer (2) not more than $15,000,000 shall be avail- (b) LIMITATION.—The Secretary may not funds authorized to be appropriated to the exercise the authority under subsection (a) able for the commercial light water reactor Department of Energy pursuant to this title in the case of any construction project until project, including activities relating to tar- between any such authorizations. Amounts the Secretary has submitted to the congres- get development, extraction capability, and of authorizations so transferred may be sional defense committees a report on the reactor acquisition or initial tritium oper- merged with and be available for the same activities that the Secretary intends to ations. purposes and for the same period as the au- carry out under this section and the cir- SEC. 3132. MODERNIZATION AND CONSOLIDA- thorization to which the amounts are trans- TION OF TRITIUM RECYCLING FA- cumstances making such activities nec- ferred. CILITIES. essary. (2) Not more than five percent of any such (a) IN GENERAL.—The Secretary of Energy (c) SPECIFIC AUTHORITY.—The requirement authorization may be transferred between shall carry out activities to modernize and of section 3125(b)(2) does not apply to emer- authorizations under paragraph (1). No such consolidate the facilities for recycling trit- gency planning, design, and construction ac- authorization may be increased or decreased ium for weapons at the Savannah River Site, tivities conducted under this section. by more than five percent by a transfer South Carolina, so as to ensure that such fa- under such paragraph. SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL cilities have a capacity to recycle tritium (3) The authority provided by this section SECURITY PROGRAMS OF THE DE- from weapons that is adequate to meet the PARTMENT OF ENERGY. to transfer authorizations— requirements for tritium for weapons speci- Subject to the provisions of appropriations (A) may only be used to provide funds for fied in the Nuclear Weapons Stockpile Acts and section 3121, amounts appropriated items relating to weapons activities nec- Memorandum. pursuant to this title for management and essary for national security programs that (b) FUNDING.—Of the funds authorized to be support activities and for general plant have a higher priority than the items from appropriated to the Department of Energy projects are available for use, when nec- which the funds are transferred; and pursuant to section 3101, not more than essary, in connection with all national secu- (B) may not be used to provide authority $6,000,000 shall be available for activities rity programs of the Department of Energy. for an item that has been denied funds by under subsection (a). Congress. SEC. 3128. AVAILABILITY OF FUNDS. SEC. 3133. MODIFICATION OF REQUIREMENTS FOR MANUFACTURING INFRASTRUC- (c) NOTICE TO CONGRESS.—The Secretary of When so specified in an appropriations Act, amounts appropriated for operation and TURE FOR REFABRICATION AND Energy shall promptly notify the Committee CERTIFICATION OF NUCLEAR WEAP- on Armed Services of the Senate and the maintenance or for plant projects may re- main available until expended. ONS STOCKPILE. Committee on National Security of the (a) GENERAL PROGRAM REQUIREMENTS.— House of Representatives of any transfer of Subtitle C—Program Authorizations, Subsection (a) of section 3137 of the National funds to or from authorizations under this Restrictions, and Limitations Defense Authorization Act for Fiscal Year title. SEC. 3131. TRITIUM PRODUCTION. 1996 (Public Law 104–106; 110 Stat. 620; 42 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND (a) ACCELERATION OF TRITIUM PRODUC- U.S.C. 2121 note) is amended— CONSTRUCTION DESIGN. TION.—(1) The Secretary of Energy shall, dur- (1) by inserting ‘‘(1)’’ before ‘‘The Sec- (a) REQUIREMENT FOR CONCEPTUAL DE- ing fiscal year 1997, make a final decision on retary of Energy’’; SIGN.—(1) Subject to paragraph (2) and except the technologies to be utilized, and the ac- (2) by redesignating paragraphs (1) through as provided in paragraph (3), before submit- celerated schedule to be adopted, for tritium (5) as subparagraphs (A) through (E), respec- ting to Congress a request for funds for a production in order to meet the require- tively; and construction project that is in support of a ments of the Nuclear Weapons Stockpile (3) by adding at the end the following: national security program of the Depart- Memorandum relating to tritium produc- ‘‘(2) The purpose of the program carried ment of Energy, the Secretary of Energy tion, including the new tritium production out under paragraph (1) shall also be to de- shall complete a conceptual design for that date of 2005 specified in the Nuclear Weapons velop manufacturing capabilities and capac- project. The Secretary shall submit to Con- Stockpile Memorandum. ities necessary to meet the requirements gress a report on each conceptual design (2) In making the final decision, the Sec- specified in the annual Nuclear Weapons completed under this paragraph. retary shall take into account the following: Stockpile Review.’’.

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(b) REQUIRED CAPABILITIES.—Subsection pact Statement, dated April 1995, there shall SEC. 3152. REQUIREMENTS FOR DEPARTMENT OF (b)(3) of such section is amended to read as be available to the Secretary of Energy, from ENERGY WEAPONS ACTIVITIES follows: amounts authorized to be appropriated pur- BUDGETS FOR FISCAL YEARS AFTER ‘‘(3) The capabilities of the Savannah River suant to section 3102, the following amounts FISCAL YEAR 1997. (a) IN GENERAL.—The weapons activities Site relating to tritium recycling and fissile for the purposes stated: budget of the Department of Energy for any materials components processing and fab- (1) Not more than $43,000,000 for the devel- fiscal year after fiscal year 1997 shall— rication.’’. opment and implementation of a program for (1) set forth with respect to each of the ac- (c) PLAN AND REPORT.—Not later than the processing, reprocessing, separation, re- tivities under the budget (including stock- March 1, 1997, the Secretary of Energy shall duction, isolation, and interim storage of pile stewardship, stockpile management, and submit to Congress a report containing a high-level nuclear waste associated with De- program direction) the funding requested to plan for carrying out the program estab- partment of Energy aluminum clad spent carry out each project or activity that is lished under section 3137(a) of the National fuel rods and foreign spent fuel rods in the H- necessary to meet the requirements of the Defense Authorization Act for Fiscal Year canyon facility and F-canyon facility. Nuclear Weapons Stockpile Memorandum; 1996, as amended by this section. The report (2) Not more than $15,000,000 for the devel- and shall set forth the obligations that the Sec- opment and implementation of a program for (2) identify specific infrastructure require- retary has incurred, and proposes to incur, the treatment, preparation, and conditioning ments arising from the Nuclear Posture Re- during fiscal year 1997 in carrying out the of high-level nuclear waste associated with view, the Nuclear Weapons Stockpile Memo- program. Department of Energy stainless steel spent randum, and the programmatic and tech- (d) FUNDING.—Of the funds authorized to be nuclear fuel rods (including naval spent nu- nical requirements associated with the re- appropriated pursuant to section 3101(b), clear fuel) for interim storage and final dis- view and memorandum. $5,000,000 shall be available for carrying out position. (b) REQUIRED DETAIL.—The Secretary of the program established under section 3137(a) (b) UPDATE OF IMPLEMENTATION PLAN.—Not Energy shall include in the materials that later than April 30, 1997, the Secretary shall of the National Defense Authorization Act the Secretary submits to Congress in support submit to Congress a plan which updates the for Fiscal Year 1996, as so amended. of the budget for any fiscal year after fiscal five-year plan required by section 3142(b) of SEC. 3134. LIMITATION ON USE OF FUNDS FOR year 1997 that is submitted by the President CERTAIN RESEARCH AND DEVELOP- the National Defense Authorization Act for pursuant to section 1105 of title 31, United MENT PURPOSES. Fiscal Year 1996 (Public Law 104–106; 110 States Code, the following: (a) LIMITATION.—No funds appropriated or Stat. 622). The updated plan shall include— (1) A long-term program plan, and a near- otherwise made available to the Department (1) the matters required by paragraphs (1) term program plan, for the certification and of Energy for fiscal year 1997 under section through (4) of such section, current as of the stewardship of the nuclear weapons stock- 3101 may be obligated or expended for activi- date of the updated plan; and pile. ties under the Department of Energy Labora- (2) the assessment of the Secretary of the (2) An assessment of the effects of the tory Directed Research and Development progress made in implementing the program plans referred to in paragraph (1) on each nu- Program, or under any Department of En- covered by the plans. clear weapons laboratory and each nuclear ergy technology transfer program or cooper- SEC. 3137. FELLOWSHIP PROGRAM FOR DEVEL- weapons production plant. OPMENT OF SKILLS CRITICAL TO ative research and development agreement, (c) DEFINITIONS.—In this section: unless such activities support the national DEPARTMENT OF ENERGY NUCLEAR WEAPONS COMPLEX. (1) The term ‘‘Nuclear Posture Review’’ security mission of the Department of En- means the Department of Defense Nuclear ergy. (a) FUNDING.—Subject to subsection (b), of the funds authorized to be appropriated pur- Posture Review as contained in the report of (b) ANNUAL REPORT.—(1) The Secretary of the Secretary of Defense to the President Energy shall annually submit to the congres- suant to section 3101(b), $5,000,000 may be used for conducting the fellowship program and the Congress dated February 19, 1995, or sional defense committees a report on the in subsequent such reports. funds expended during the preceding fiscal for the development of skills critical to the ongoing mission of the Department of En- (2) The term ‘‘nuclear weapons laboratory’’ year on activities under the Department of means the following: Energy Laboratory Directed Research and ergy nuclear weapons complex required by section 3140 of the National Defense Author- (A) Lawrence Livermore National Labora- Development Program. The purpose of the tory, California. report is to permit an assessment of the ex- ization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 621; 42 U.S.C. 2121 note). (B) Los Alamos National Laboratory, New tent to which such activities support the na- Mexico. tional security mission of the Department of (b) NOTICE AND WAIT.—The Secretary of Energy may not obligate or expend funds (C) Sandia National Laboratories. Energy. (3) The term ‘‘nuclear weapons production (2) Each report shall be prepared by the of- under subsection (a) for the fellowship pro- gram referred to in that subsection until— plant’’ means the following: ficials responsible for Federal oversight of (A) The Pantex Plant. the funds expended on activities under the (1) the Secretary submits to Congress a re- port setting forth— (B) The Savannah River Site. program. (C) The Kansas City Plant, Missouri. (3) Each report shall set forth the criteria (A) the steps the Department has taken to (D) The Y–12 Plant, Oak Ridge, Tennessee. utilized by the officials preparing the report implement the fellowship program; in determining whether or not the activities (B) the amount the Secretary proposes to SEC. 3153. REPEAL OF REQUIREMENT RELATING TO ACCOUNTING PROCEDURES FOR reviewed by such officials support the na- obligate; and (C) the purposes for which such amount DEPARTMENT OF ENERGY FUNDS. tional security mission of the Department. Section 3151 of the National Defense Au- will be obligated; and SEC. 3135. ACCELERATED SCHEDULE FOR ISO- thorization Act for Fiscal Year 1995 (Public (2) a period of 21 days elapses from the date LATING HIGH-LEVEL NUCLEAR Law 103–337; 108 Stat. 3089) is repealed. WASTE AT THE DEFENSE WASTE of the receipt of the report by Congress. SEC. 3154. PLANS FOR ACTIVITIES TO PROCESS PROCESSING FACILITY, SAVANNAH Subtitle D—Other Matters NUCLEAR MATERIALS AND CLEAN RIVER SITE. SEC. 3151. REQUIREMENT FOR ANNUAL FIVE- UP NUCLEAR WASTE AT THE SAVAN- The Secretary of Energy shall accelerate YEAR BUDGET FOR THE NATIONAL NAH RIVER SITE. the schedule for the isolation of high-level SECURITY PROGRAMS OF THE DE- (a) NEAR-TERM PLAN FOR PROCESSING nuclear waste in glass canisters at the De- PARTMENT OF ENERGY. SPENT FUEL RODS.—(1) Not later than March fense Waste Processing Facility at the Sa- (a) REQUIREMENT.—The Secretary of En- 15, 1997, the Secretary of Energy shall submit vannah River Site if the Secretary deter- ergy shall prepare each year a budget for the to Congress a plan for a near-term program mines that the acceleration of such sched- national security programs of the Depart- to process the spent nuclear fuel rods de- ule— ment of Energy for the five-year period be- scribed in paragraph (2) in the H-canyon fa- (1) will achieve long-term cost savings to ginning in the year the budget is prepared. cility and the F-canyon facility at the Sa- the Federal Government; and Each budget shall contain the estimated ex- vannah River Site. The plan shall include (2) could accelerate the removal and isola- penditures and proposed appropriations nec- cost projections and resource requirements tion of high-level nuclear waste from long- essary to support the programs, projects, and for the program and identify program mile- term storage tanks at the site. activities of the national security programs stones for the program. SEC. 3136. PROCESSING OF HIGH-LEVEL NU- during the five-year period covered by the (2) The spent nuclear fuel rods to be proc- CLEAR WASTE AND SPENT NUCLEAR budget and shall be at a level of detail com- essed under the program referred to in para- FUEL RODS. parable to that contained in the budget sub- graph (1) are the following: (a) IN GENERAL.—In order to provide for an mitted by the President to Congress under (A) Spent nuclear fuel rods produced at the effective response to requirements for man- section 1105 of title 31, United States Code. Savannah River Site. aging spent nuclear fuel that is sent to De- (b) SUBMITTAL.—The Secretary shall sub- (B) Spent nuclear fuel rods being sent to partment of Energy consolidation sites pur- mit each year to the congressional defense the site from other Department of Energy fa- suant to the Department of Energy Pro- committees the budget required under sub- cilities for processing, interim storage, and grammatic Spent Nuclear Fuel Management section (a) in that year at the same time as other treatment. and Idaho National Engineering Laboratory the President submits to Congress the budg- (C) Foreign nuclear spent fuel rods being Environmental Restoration and Waste Man- et for the coming fiscal year pursuant to sent to the site for processing, interim stor- agement Programs Final Environmental Im- such section 1105. age, and other treatment.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6368 CONGRESSIONAL RECORD — SENATE June 18, 1996

(b) MULTI-YEAR PLAN FOR CLEAN-UPAT SEC. 3157. EXTENSION OF APPLICABILITY OF NO- (b) ORGANIZATIONAL MATTERS.—(1)(A) The SITE.—The Secretary shall develop and im- TICE-AND-WAIT REQUIREMENT RE- Commission shall be composed of nine mem- plement a multi-year plan for the clean-up of GARDING PROPOSED COOPERATION bers appointed from among individuals in nuclear waste at the Savannah River Site AGREEMENTS. the public and private sectors who have sig- Section 3155(b) of the National Defense Au- that results, or has resulted, from the fol- nificant experience in matters relating to thorization Act for Fiscal Year 1995 (42 lowing: nuclear weapons as follows: U.S.C. 2153 note) is amended by striking out (1) Nuclear weapons activities carried out (i) Two shall be appointed by the Majority ‘‘October 1, 1996’’ and inserting in lieu there- at the site. Leader of the Senate (in consultation with of ‘‘December 31, 1997’’. (2) The processing of Department of Energy the Minority Leader of the Senate). domestic and foreign spent nuclear fuel rods SEC. 3158. REDESIGNATION OF DEFENSE ENVI- (ii) One shall be appointed by the Minority RONMENTAL RESTORATION AND Leader of the Senate (in consultation with at the site. WASTE MANAGEMENT PROGRAM AS (c) REQUIREMENT FOR CONTINUING OPER- DEFENSE NUCLEAR WASTE MANAGE- the Majority Leader of the Senate). ATIONS.—The Secretary shall continue oper- MENT PROGRAM. (iii) Two shall be appointed by the Speaker ations and maintain a high state of readiness (a) REDESIGNATION OF PROGRAM.—(1) The of the House of Representatives (in consulta- at the H-canyon facility and the F-canyon program of the Department of Energy known tion with the Minority Leader of the House facility at the Savannah River Site, and as the Defense Environmental Restoration of Representatives). shall provide technical staff necessary to op- and Waste Management Program, and also (iv) One shall be appointed by the Minority erate and so maintain such facilities, pend- known as the Environmental Management Leader of the House of Representatives (in ing the development and implementation of Program, shall be known as the Defense Nu- consultation with the Speaker of the House the plan referred to in subsection (b). clear Waste Management Program of the De- of Representatives). partment of Energy. (v) Three shall be appointed by the Sec- SEC. 3155. UPDATE OF REPORT ON NUCLEAR retary of Energy. TEST READINESS POSTURES. (2) Any reference to the program of the De- partment of Energy known as the Defense (B) Members shall be appointed for the life Not later than February 15, 1997, the Sec- Environmental Restoration and Waste Man- of the Commission. Any vacancy in the Com- retary of Energy shall submit to Congress a agement Program, and also known as the mission shall not affect its powers, but shall report which updates the report submitted Environmental Management Program, in be filled in the same manner as the original by the Secretary under section 3152 of the any Federal law, Executive order, regula- appointment. National Defense Authorization Act for Fis- tion, delegation of authority, or document of (C) The chairman of the Commission shall cal Year 1996 (Public Law 104–106; 110 Stat. or pertaining to the Department of Energy be designated from among the members of the Commission appointed under subpara- 623). The updated report shall include the or the Department of Defense shall be graph (A) by the Majority Leader of the Sen- matters specified under such section, current deemed to refer to the Defense Nuclear ate, in consultation with the Minority Lead- as of the date of the updated report. Waste Management Program of the Depart- er of the Senate. SEC. 3156. REPORTS ON CRITICAL DIFFICULTIES ment of Energy. (2) The members of the Commission shall AT NUCLEAR WEAPONS LABORA- (b) REDESIGNATION OF ASSISTANT SEC- establish procedures for the activities of the TORIES AND NUCLEAR WEAPONS RETARY OF ENERGY.—(1) The Assistant Sec- PRODUCTION PLANTS. Commission, including procedures for calling retary of Energy appointed under section meetings, requirements for quorums, and the (a) REPORTS BY HEADS OF LABORATORIES 203(a) of the Department of Energy Organiza- manner of taking votes. AND PLANTS.—In the event of a difficulty at tion Act (42 U.S.C. 7133(a)) who is responsible (c) DUTIES.—(1) The Commission shall de- a nuclear weapons laboratory or a nuclear for the program of the Department of Energy velop a plan for recruiting and retaining weapons production plant that has a signifi- known as the Defense Environmental Res- within the Department of Energy nuclear cant bearing on confidence in the safety or toration and Waste Management Program, weapons complex such scientific, engineer- reliability of a nuclear weapon or nuclear and also known as the Environmental Man- ing, and technical personnel as the Commis- weapon type, the head of the laboratory or agement Program, shall be known as the As- sion determines appropriate in order to per- plant, as the case may be, shall submit to sistant Secretary of Energy for Defense Nu- mit the Department to maintain over the the Assistant Secretary of Energy for De- clear Waste Management. long term a safe and reliable nuclear weap- fense Programs a report on the difficulty. (2) Any reference to the Assistant Sec- ons stockpile without engaging in under- The head of the laboratory or plant shall retary of Energy described in paragraph (1) ground testing. submit the report as soon as practicable in any Federal law, Executive order, regula- (2) In developing the plan, the Commission after discovery of the difficulty. tion, delegation of authority, or document of shall— (b) TRANSMITTAL BY ASSISTANT SEC- or pertaining to the Department of Energy (A) identify actions that the Secretary RETARY.—As soon as practicable after receipt or the Department of Defense shall be may undertake to attract qualified sci- of a report under subsection (a), the Assist- deemed to refer to the Assistant Secretary of entific, engineering, and technical personnel ant Secretary shall transmit the report (to- Energy for Defense Nuclear Waste Manage- to the nuclear weapons complex of the De- gether with the comments of the Assistant ment. partment; and Secretary) to the congressional defense com- (c) REDESIGNATION OF ACCOUNT.—(1) Sub- (B) review and recommend improvements mittees and to the Secretary of Energy and section (a) of section 3134 of the National De- to the on-going efforts of the Department to the Secretary of Defense. fense Authorization Act for Fiscal Years 1992 attract such personnel to the nuclear weap- (c) REPORTS BY NUCLEAR WEAPONS COUN- and 1993 (Public Law 102–190; 105 Stat. 1575; 42 ons complex. CIL.—Section 179 of title 10, United States U.S.C. 7274f) is amended by striking out ‘‘De- (d) REPORT.—Not later than March 15, 1998, Code, is amended— fense Environmental Restoration and Waste the Commission shall submit to the Sec- (1) by redesignating subsection (e) as sub- Management Account’’ and inserting in lieu retary and to Congress a report containing section (f); and thereof ‘‘Defense Nuclear Waste Manage- the plan developed under subsection (c). The (2) by inserting after subsection (d) the fol- ment Account’’. report may include recommendations for leg- lowing new subsection (e): (2) The section heading of such section is islation and administrative action. amended to read as follows: (e) COMMISSION PERSONNEL MATTERS.—(1) ‘‘(e) In addition to the responsibilities set Each member of the Commission who is not forth in subsection (d), the Council shall also ‘‘SEC. 3134. DEFENSE NUCLEAR WASTE MANAGE- MENT ACCOUNT.’’. an officer or employee of the Federal Gov- submit to Congress a report on any analysis (d) REPORT ON REDESIGNATION.—Not later ernment shall be compensated at a rate conducted by the Council with respect to dif- than January 31, 1997, the Secretary of En- equal to the daily equivalent of the annual ficulties at nuclear weapons laboratories or ergy shall submit to congressional defense rate of basic pay prescribed for level IV of nuclear weapons production plants that have committees a report on the redesignations to the Executive Schedule under section 5315 of significant bearing on confidence in the safe- be made under this section. The report shall title 5, United States Code, for each day (in- ty or reliability of nuclear weapons or nu- estimate the costs, if any, to the Department cluding travel time) during which such mem- clear weapon types.’’. of Energy of the redesignations to be made ber is engaged in the performance of the du- (d) DEFINITIONS.—In this section: under this section and describe any potential ties of the Commission. All members of the (1) The term ‘‘nuclear weapons laboratory’’ problems for the Department arising from Commission who are officers or employees of means the following: such redesignations. the United States shall serve without com- (A) Lawrence Livermore National Labora- (e) EFFECTIVE DATE.—This section and the pensation in addition to that received for tory, California. amendments made by subsection (c) shall their services as officers or employees of the (B) Los Alamos National Laboratory, New take effect on October 1, 1997. United States. Mexico. SEC. 3159. COMMISSION ON MAINTAINING (2) The members of the Commission shall (C) Sandia National Laboratories. UNITED STATES NUCLEAR WEAPONS be allowed travel expenses, including per (2) The term ‘‘nuclear weapons production EXPERTISE. diem in lieu of subsistence, at rates author- plant’’ means the following: (a) ESTABLISHMENT.—There is hereby es- ized for employees of agencies under sub- (A) The Pantex Plant. tablished a commission to be known as the chapter I of chapter 57 of title 5, United (B) The Savannah River Site. ‘‘Commission on Maintaining United States States Code, while away from their homes or (C) The Kansas City Plant, Missouri. Nuclear Weapons Expertise’’ (in this section regular places of business in the performance (D) The Y–12 Plant, Oak Ridge, Tennessee. referred to as the ‘‘Commission’’). of services for the Commission.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6369 (3) The Commission may, without regard (3) The United States is committed to TITLE XXXII—DEFENSE NUCLEAR to the civil service laws and regulations, ap- maintaining the nuclear weapons labora- FACILITIES SAFETY BOARD point and terminate such personnel as may tories and protecting core nuclear weapons SEC. 3201. AUTHORIZATION. be necessary to enable the Commission to competencies. perform its duties. The Commission may fix (4) The United States is committed to en- There are authorized to be appropriated for the compensation of the personnel of the suring the rapid access to a new production fiscal year 1997, $17,000,000 for the operation Commission without regard to the provisions source of tritium within the next decade, as of the Defense Nuclear Facilities Safety of chapter 51 and subchapter III of chapter 53 it currently has no meaningful capability to Board under chapter 21 of the Atomic Energy of title 5, United States Code, relating to produce tritium, a component that is essen- Act of 1954 (42 U.S.C. 2286 et seq.). classification of positions and General tial to the performance of modern nuclear TITLE XXXIII—NATIONAL DEFENSE Schedule pay rates. weapons. STOCKPILE (4) Any Federal Government employee may (5) The United States reserves the right, be detailed to the Commission without reim- consistent with United States law, to resume SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS. bursement, and such detail shall be without underground nuclear testing to maintain interruption or loss of civil service status or confidence in the United States’ stockpile of (a) OBLIGATIONS AUTHORIZED.—During fis- privilege. nuclear weapons if warhead design flaws or cal year 1997, the National Defense Stockpile (f) TERMINATION.—The Commission shall aging of nuclear weapons result in problems Manager may obligate up to $60,000,000 of the terminate 30 days after the date on which that a robust stockpile stewardship program funds in the National Defense Stockpile the Commission submits its report under cannot solve. Transaction Fund established under sub- subsection (d). (6) The United States is committed to section (a) of section 9 of the Strategic and (g) APPLICABILITY OF FACA.—The provi- funding the Nevada Test Site at a level that Critical Materials Stock Piling Act (50 sions of the Federal Advisory Committee Act maintains the ability of the United States to U.S.C. 98h) for the authorized uses of such (5 U.S.C. App.) shall not apply to the activi- resume underground nuclear testing within funds under subsection (b)(2) of such section. ties of the Commission. one year after a national decision to do so is (b) ADDITIONAL OBLIGATIONS.—The Na- (h) FUNDING.—Of the amounts authorized made. tional Defense Stockpile Manager may obli- to be appropriated pursuant to section 3101, (7) The United States reserves the right to gate amounts in excess of the amount speci- not more than $1,000,000 shall be available for invoke the supreme national interest of the fied in subsection (a) if the National Defense the activities of the Commission under this United States and withdraw from any future Stockpile Manager notifies Congress that ex- section. Funds made available to the Com- arms control agreement to limit under- traordinary or emergency conditions neces- mission under this section shall remain ground nuclear testing. sitate the additional obligations. The Na- available until expended. (b) SENSE OF THE SENATE REGARDING PRESI- tional Defense Stockpile Manager may make SEC. 3160. SENSE OF SENATE REGARDING RELI- DENTIAL CONSULTATION WITH CONGRESS.—It is the additional obligations described in the ABILITY AND SAFETY OF REMAINING the sense of the Senate that the President notification after the end of the 45-day pe- NUCLEAR FORCES. should consult closely with Congress regard- riod beginning on the date Congress receives (a) FINDINGS.—The Senate makes the fol- ing United States policy and practices to en- the notification. lowing findings: sure confidence in the safety and reliability (c) LIMITATIONS.—The authorities provided (1) The United States is committed to pro- of the nuclear stockpile of the United States. by this section shall be subject to such limi- ceeding with a robust science-based stock- (c) SENSE OF THE SENATE REGARDING NOTI- tations as may be provided in appropriations pile stewardship program with respect to FICATION AND CONSULTATION.—It is the sense Acts. production of nuclear weapons, and to main- of the Senate that, upon a determination by taining nuclear weapons production capabili- the President that a problem with the safety SEC. 3302. DISPOSAL OF CERTAIN MATERIALS IN ties and capacities, that are adequate— or reliability of the nuclear stockpile has oc- NATIONAL DEFENSE STOCKPILE. (A) to ensure the safety, reliability, and curred and that the problem cannot be cor- (a) DISPOSAL REQUIRED.—The President performance of the United States nuclear ar- rected within the stockpile stewardship pro- shall dispose of materials contained in the senal; and gram, the President shall— National Defense Stockpile and specified in (B) to meet such changing national secu- (1) immediately notify Congress of the the table in subsection (b) so as to result in rity requirements as may result from inter- problem; and receipts to the United States in amounts national developments or technical problems (2) submit to Congress in a timely manner equal to— with nuclear warheads. a plan for corrective action with respect to (1) $338,000,000 during the five-fiscal year (2) The United States is committed to rees- the problem, including— period ending on September 30, 2001; and tablishing and maintaining production of nu- (A) a technical description of the activities (2) $649,000,000 during the seven-fiscal year clear weapons at levels that are sufficient— required under the plan; and period ending on September 30, 2003. (A) to satisfy requirements for the safety, (B) if underground testing of nuclear weap- (b) LIMITATION ON DISPOSAL QUANTITY.— reliability, and performance of United States ons would assist in such corrective action, The total quantities of materials authorized nuclear weapons; and an assessment of advisability of withdrawing for disposal by the President under sub- (B) to demonstrate and sustain production from any treaty that prohibits underground section (a) may not exceed the amounts set capabilities and capacities. testing of nuclear weapons. forth in the following table: Authorized Stockpile Disposals

Material for disposal Quantity

Aluminum ...... 62,881 short tons Cobalt ...... 30,000,000 pounds contained Columbium Ferro ...... 930,911 pounds contained Germanium Metal ...... 40,000 kilograms Indium ...... 35,000 troy ounces Palladium ...... 15,000 troy ounces Platinum ...... 10,000 troy ounces Rubber, Natural ...... 125,138 long tons Tantalum, Carbide Powder ...... 6,000 pounds contained Tantalum, Minerals ...... 750,000 pounds contained Tantalum, Oxide ...... 40,000 pounds contained

(c) DEPOSIT OF RECEIPTS.—(1) Notwith- (d) RELATIONSHIP TO OTHER DISPOSAL AU- TITLE XXXIV—NAVAL PETROLEUM standing section 9 of the Strategic and Crit- THORITY.—The disposal authority provided in RESERVES ical Materials Stock Piling Act (50 U.S.C. subsection (a) is new disposal authority and SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 98h) and except as provided in paragraph (2), is in addition to, and shall not affect, any funds received as a result of the disposal of other disposal authority provided by law re- There is hereby authorized to be appro- materials under subsection (a) shall be de- garding the materials specified in such sub- priated to the Secretary of Energy posited into the general fund of the Treas- section. $149,500,000 for fiscal year 1997 for the purpose ury. of carrying out activities under chapter 641 (e) DEFINITION.—The term ‘‘National De- of title 10, United States Code, relating to (2) Funds received as a result of such dis- fense Stockpile’’ means the National Defense the naval petroleum reserves (as defined in posal in excess of the amount of receipts Stockpile provided for in section 4 of the section 7420(2) of such title). Funds appro- specified in subsection (a)(2) shall be depos- Strategic and Critical Materials Stock Pil- priated pursuant to such authorization shall ited in the National Defense Stockpile ing Act (50 U.S.C. 98c). Transaction Fund established by section 9(a) remain available until expended. of that Act.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6370 CONGRESSIONAL RECORD — SENATE June 18, 1996 TITLE XXXV—PANAMA CANAL bill, and hope that this bill will serve The main shortcoming in the Presi- COMMISSION as a clear legacy to Senator NUNN’s en- dent’s budget request is its wholly in- SEC. 3501. SHORT TITLE. during contributions to the U.S. Armed adequate funding for procurement. Our This title may be cited as the ‘‘Panama Forces and this Nation’s security. service chiefs, whose primary responsi- Canal Commission Authorization Act for I would also like to recognize the dis- bility is to ensure that our forces are Fiscal Year 1997’’. tinguished contributions to national prepared and equipped to defeat any SEC. 3502. AUTHORIZATION OF EXPENDITURES. security of Senator COHEN and Senator adversary, have repeatedly warned (a) IN GENERAL.—Subject to subsection (b), about increasing risks due to the low the Panama Canal Commission is authorized EXON. This bill is also the last defense to make such expenditures within the limits authorization bill for these two out- level of procurement. Our combatant of funds and borrowing authority available standing Senators, and I would like to commanders, who rely on adequately to it in accordance with law, and to make thank them for their dedication to and prepared and equipped forces to con- such contracts and commitments, to be de- support of our Armed Forces. duct military operations, have said the rived from the Panama Canal Commission Mr. President, the following prior- same. Further, General Shalikashvili, Revolving Fund, as may be necessary under ities were our roadmap in formulating who as Chairman of the Joint Chiefs is the Panama Canal Act of 1979 (22 U.S.C. 3601 this authorization bill: specifically directed to serve ‘‘as the et seq.) for the operation, maintenance, im- Ensuring national security and the spokesman for the combatant com- provement, and administration of the Pan- status of the United States as the manders, especially on the operational ama Canal for fiscal year 1997. requirements of their commands,’’ has (b) LIMITATIONS.—For fiscal year 1997, the world’s preeminent military power; Panama Canal Commission may expend from protecting the readiness of our Armed this to say about procurement: ‘‘We funds in the Panama Canal Revolving Fund Forces; enhancing the quality of life of must commit ourselves to a sufficient not more than $73,000 for reception and rep- military personnel and their families; procurement goal, a goal I judge to be resentation expenses, of which— ensuring U.S. military superiority by approximately $60 billion annually.’’ (1) not more than $18,000 may be used for continuing to fund a more robust, pro- Yet, despite the advice of his principal official reception and representation ex- gressive modernization program to pro- military adviser, the President re- penses of the Supervisory Board of the Com- quested only $39 billion for procure- mission; vide required capabilities for the fu- ture; accelerating the development and ment. The Committee on Armed Serv- (2) not more than $10,000 may be used for ices added $7.7 billion to this requested official reception and representation ex- deployment of missile defense systems; amount for procurement. To do any penses of the Secretary of the Commission; and preserving the shipbuilding and less would be to ignore the very advice and submarine industrial base. we have charged our military leaders (3) not more than $45,000 may be used for I am satisfied that this bill does a to provide. official reception and representation ex- good job in fulfilling these priorities. penses of the Administrator of the Commis- As for the administration’s repeated Let me mention some of its highlights: sion. promises to compensate by increasing The bill gives our service personnel a SEC. 3503. PURCHASE OF VEHICLES. procurement in future years, the testi- Notwithstanding any provision of law re- well-deserved 3-percent pay raise and 4- mony of Admiral Owens, then-Chair- lating to purchase of vehicles by agencies of percent raise in quarters allowance, ef- man of the Joint Requirements Over- the Federal Government, funds available to fective January 1, 1997. sight Council, is revealing: It authorizes the award of the Con- the Panama Canal Commission shall be [The administration said that in 1994] pro- available for the purchase of, and for trans- gressional Medal of Honor to seven Af- curement would be at 64 billion. Of course, portation to the Republic of Panama of, pas- rican-Americans who served during what really happened was that it went to 48 senger motor vehicles, including large, World War II. billion . . . and in 1995, [the administration] heavy-duty vehicles. The bill contains provisions to en- said [procurement] was going to 55 billion. SEC. 3504. EXPENDITURES IN ACCORDANCE WITH hance our ability to protect our mili- But, in fact, what really happened was 46 bil- OTHER LAWS. tary forces from ballistic missile at- lion. [The administration] promised [again] Expenditures authorized under this title it would go up. [But] in 1996, we’re . . . down may be made only in accordance with the tacks. to 39 billion and [the administration is] Panama Canal Treaties of 1977 and any law It adds essential funding for the mod- promising . . . it will go up. of the United States implementing those ernization of our Armed Forces, includ- As the saying goes, You don’t learn treaties. ing: $40 million for the Marine Corps to much from the second kick of a mule. Mr. THURMOND addressed the Chair. develop revolutionary operational con- Or maybe I should say ‘‘donkey.’’ This The PRESIDING OFFICER. The Sen- cepts and technologies through a administration’s record is so bad, the ator from South Carolina [Mr. THUR- warfighting laboratory known as Sea Congress simply has no reason to be- MOND] is recognized. Dragon; a funding program for the lieve that if we lower defense spending, Mr. THURMOND. Mr. President, Army’s Force 21 initiatives to expedite the President will make up for it in fu- today, the Senate begins consideration the acquisition and evaluation of new ture years. of S. 1745, the national defense author- equipment and associated technology Mr. President, some of my colleagues ization bill for fiscal year 1997. In for the future force; and $997 million may feel that this is a time when we crafting this important legislation, the for advance procurement and construc- can afford to cut defense spending. In Committee on Armed Services placed tion of the next two nuclear attack fact, history teaches us the opposite. the national security interests of the submarines. We have always enjoyed a period of rel- United States and the strength of our The bill also adds $1.2 billion to in- ative calm before the winds of war. Armed Forces above other consider- crease the readiness funding for other- With the lethal technologies, emer- ations. The national defense authoriza- wise unfunded priorities of the service gence of fanatical movements, and pro- tion bill for fiscal year 1997 reflects the chiefs, and it adds $150 million in fund- liferation of weapons of mass destruc- committee’s bipartisan approach to ing for the Department of Defense’s ac- tion that exist today, we do not have these overarching priorities, and pro- tivities to combat the flow of illegal the luxury of investing in our military vides a clear basis and direction for drugs into the United States. after the fact. We must remain ready U.S. national security policies and pro- Mr. President, I wish I could say that and fully capable, both to deter and de- grams into the 21st century. the national defense authorization bill feat. Although we cannot—and should Mr. President, I would like to thank for fiscal year 1997 is a major step in not—commit to every conflict where the distinguished ranking member of the road to recovery for our Armed we might have an interest, we must be the Committee on Armed Services, Forces. It is not. However, this bill able to dominate those where we clear- Senator NUNN, for his outstanding does a much better job than the Presi- ly do have vital national security in- leadership and cooperation in the for- dent’s budget request in funding our terests. Imagine what this world would mulation of this bill. It has been a sin- Armed Forces. By offsetting the Presi- be like without United States involve- gular privilege and honor for me to dent’s requested decreases in certain ment and leadership in World Wars I work with Senator NUNN over many key programs, this bill enhances our and II, the Korean war, and the Persian years on the Armed Services Com- national security, while still author- Gulf war. Without a strong military, mittee. I very much regret that this izing $7.4 billion less in real defense our identity as Americans would be a will be his last defense authorization spending than last year’s bill. shadow of what it is today.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6371 Then, there are those who think that the defense authorization bill that Senator THURMOND, the chairman of our military capabilities should depend would increase authorizations for de- the committee, for the bipartisan proc- solely on the threat. Their familiar re- fense spending should be accompanied ess under his leadership that was fol- frain is: Where is the threat? What by offsetting reductions. Finally, Mr. lowed in marking up this legislation. threat? That is exactly the point. What President, because the Armed Services I also thank Senator THURMOND for they see now is the result of a commit- Committee marked up this bill before the very gracious remarks he made ment to a strong defense in the past. the approval of this year’s budget reso- about me. This is my last Defense au- When they do see a threat, it will be lution, we marked to the defense allo- thorization bill that I will be helping because of a lack of commitment to cation for fiscal year 1997 contained in to manage on the floor, and I deeply adequately fund our military today. As last year’s budget resolution. I want to appreciate his remarks but, most of all, General Reimer, Army Chief of Staff, assure the Senate that the amount au- his friendship and his leadership and aptly says, ‘‘History shows that those thorized for defense will conform to the his stalwart support of national secu- who wish to threaten us will do so at funding level designated in this year’s rity for the entire time I have been in our weakest point * * *. They will seek budget resolution when we complete the U.S. Senate and really for many to exploit a perceived lack of U.S. com- the conference on this bill. years before. mitment.’’ I thank the Chair, and yield the I express my appreciation to Les Mr. President, our Armed Forces con- floor. Brownlee, the majority staff director, tinue to suffer from a decline in size PRIVILEGE OF THE FLOOR and the other members of the majority and spending levels. Fiscal year 1997 Mr. REID. Mr. President, I ask unan- staff, for their hard work and coopera- will witness the 12th straight decrease tion during markup. in defense funding, which has declined imous consent that Jerry Reed, a con- gressional fellow in my office, have the Of course, I add my deep apprecia- 41 percent since 1985. Some of my col- tion, on a continuing basis, to Arnold leagues may not know what happened privilege of the floor during the consid- eration of this bill. Punaro, minority staff director, as well the last time our defense budget was as all members of the minority staff this low. Let me tell them. Repeated The PRESIDING OFFICER. Without objection, it is so ordered. working with Mr. Punaro. budget cuts in the late 1940’s, and their The Armed Services Committee has a deleterious effects on our Armed Mr. THURMOND. Mr. President, Sen- ator NUNN is expected to be here mo- long tradition of members working Forces, served as a virtual invitation across the aisle in the interest of na- for aggression in Korea. By the time we mentarily to make his opening state- tional defense, and that was fully re- saw this threat, it was too late. As de- ment. I expect that other Members will flected in the process that was used to scribed by former Army Chief of Staff, follow thereafter. We want to get as develop the bill now before us. So, Mr. Gen. Creighton Abrams: many statements completed during President, I say to Senator THURMOND, We paid dearly for unpreparedness during these initial hours as possible. those early days in Korea with our most pre- I suggest the absence of a quorum. I am very grateful to him and to his cious currency—the lives of our young men. The PRESIDING OFFICER. The staff. The monuments we raise to their heroism clerk will call the roll. We have had and will continue to and sacrifice are really monuments we owe The legislative clerk proceeded to have issues on which there are sharp to ourselves for our blindness to reality, for call the roll. differences of opinion between Sen- our indifference to real threats to our secu- Mr. BYRD. Mr. President, I ask unan- ators on that side of the aisle and this rity, and . . . for our wishful thinking about side of the aisle, and between Senators how war would not come. imous consent that the order for the quorum call be rescinded. on both sides of the aisle among them- In Korea, we suffered nearly 50,000 selves. It is not simply a breakdown of American dead and had to settle for an The PRESIDING OFFICER. Without objection, it is so ordered. The senior Democrats versus Republicans. There embarrassing stalemate. Indeed, that are a lot of individual views on defense, war has yet to officially end, and we Senator from West Virginia is recog- and that is how it should be on a de- are still living with its consequences. nized. Some saw Korea as a military embar- Mr. BYRD. Mr. President, I ask unan- fense bill, as important as it is, as rassment. But it was, in fact, a polit- imous consent that I may proceed as if much money is involved and as much is ical embarrassment. Our lack of mili- in morning business for the purpose of at stake, which is, indeed, the stake of tary readiness was a result of our lack introducing a bill and making a state- our national security and our freedom. of political commitment. I fear we may ment thereon that will not exceed 10 Those differences, however, should be laying the seeds for another Korea. minutes. not obscure the fact there is a broad Are we willing to suffer another such The PRESIDING OFFICER. Is there consensus in favor of the key features war? objection? Without objection, it is so of this bill. Mr. President, there is Mr. President, this bill is a sound ordered. strong support for provisions in the bill bill. It provides a foundation to build Mr. BYRD. I thank the Chair. I thank that enhance the quality of life for our on to prepare our Nation’s Armed the managers of the pending measure. men and women in uniform and their Forces to meet the challenges of the (The remarks of Mr. BYRD pertaining families, including a 3-percent pay 21st century. I urge my colleagues to to the introduction of S. 1881 are lo- raise, a 4-percent increase in basic al- join the members of the Committee on cated in today’s RECORD under ‘‘State- lowance quarters, revised allowances Armed Services, who voted this bill out ments on Introduced Bills and Joint for single personnel and for couples in of committee 20 to 0, and pass this bill Resolutions.’’) which both spouses are members of the with a strong bipartisan vote. Of spe- Mr. BYRD. Mr. President, I yield the Armed Forces, and increased funding cial note, the committee vote reflects a floor and suggest the absence of a for military construction pertaining to consensus that the issue of national quorum. family housing, unaccompanied per- missile defense policy should be dealt The PRESIDING OFFICER. The sonnel housing, dining facilities and, with only in connection with S. 1635, clerk will call the roll. most important, child development the Defend America Act. Accordingly, I The legislative clerk proceeded to centers. strongly urge my colleagues to refrain call the roll. The bill also continues many of the from offering amendments relating to Mr. NUNN. Mr. President, I ask committee’s key initiatives over the national missile defense policy to the unanimous consent that the order for last decade, including modernization of defense authorization bill. If Members the quorum call be rescinded. weapons systems and support for pro- on either side of the aisle wish to de- The PRESIDING OFFICER. Without grams essential to the readiness of our bate national missile defense policy, I objection, it is so ordered. military forces. suggest we proceed to consideration of The Senator from Georgia has the Mr. President, there will certainly be S. 1635 as soon as possible following floor. a lot of controversy about the funding passage of the defense authorization Mr. NUNN. Mr. President, as we level in this bill, and I am sure we will bill. begin debate on the National Defense have amendments to try to reduce the Mr. President, I would like to remind Authorization Act for fiscal year 1997, I funding level of the bill. Let me state, my colleagues that any amendments to first express my deep appreciation to I believe the overall funding level of

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6372 CONGRESSIONAL RECORD — SENATE June 18, 1996 $267.4 billion represents a prudent in- terms of helping prepare them and We have seen the work of domestic crease by the committee to the admin- equip them to deal with a possible terrorists in Oklahoma City and the istration’s budget request. It is slightly chemical or biological attack by ter- terrible, terrible destruction that was higher than the $265.6 billion that is rorists. caused in terms of human suffering in contained in the conference report on Mr. President, the nuclear compo- Oklahoma City and to the Murrah the budget resolution because that nent of that, the so-called NEST capa- Building there. We have seen the at- budget resolution contains later infor- bility, already exists in the Depart- tack in Tokyo. We have seen the World mation related to inflation. These dif- ment of Energy. We do not have any- Trade Center attack. Fortunately, the ferences will not require any major re- thing comparable on the chemical or chemical part of that attack did not adjustment of the committee’s pri- biological side. It is my judgment, activate. There was enough destruction ority, but we will need to reduce either after having numerous hearings on this without it, but it would have been on the floor or in conference this bill subject, after having considerable in- truly of a worse magnitude had the from $267.4 to $265.6 billion, which is depth hearings and a long preliminary chemical component really done its our guideline given to us by the budget investigation of the Aum Shinrikyo job. resolution passed by both the House and the religious cult attack in Tokyo Mr. President, we have also seen in and the Senate. over a year ago that killed 12 people Russia the Chechen or some group rep- I hope that my colleagues on both but injured 5,000. If that attack had resenting the Chechen rebels put a ra- sides of the funding question will rec- been better prepared in terms of deliv- diological weapon in a very prominent ognize that even with this plus-up of ery system for the sarin gas, there place near Moscow, a radiological the Clinton administration’s budget, would literally have been tens of thou- weapon being using the radiation from this bill still represents a real decrease sands of people killed. That was a reli- nuclear materials without causing an explosion but causing huge destruc- in spending from last year. So I am gious cult that existed and had over $1 tion. That was not an effort to actually sure, as usual, all the reports and head- billion in assets, although more mem- use the weapon but a warning that it lines will read that this is a vast in- bers are in Russia than Japan. They had tested sarin gas in Australia and could be done. crease in defense. That is not accurate. So we are in a different kind of world This is not an increase in defense. This even embarked on preliminary stages of trying to develop biological weap- now. We have moved from an era of $265.6 billion in the budget resolution, very high risk of nuclear war to an era compared to last year, is a reduction in ons. They had a very serious chemical stockpile and had already, previous to of much lower risk of nuclear war. But real dollar terms from last year’s fund- we have moved from an era of high sta- ing level, but it is an increase over the the Tokyo attack, carried out other smaller chemical attacks in Tokyo. bility because of that very risk of nu- President’s recommended level by clear war and because the two super- about $11 billion. Not many of us would have predicted Japan would have been the first place powers knew that, if their clients got Mr. President, some of the provisions into a war or if there was some event of the bill are likely to be the subject that would have happened, but it is predictable that effort is going to be that came that got out of control, the of vigorous debate. Although we have whole escalation could take place and avoided, thus far, many of the provi- made in the United States, by either foreign or domestic terrorists. we could have a nuclear war. sions that make the House-passed bill We had the World Trade Center at- Because of that, we had high sta- unacceptable to the administration, tack. We have seen the devastation of bility, high risk but high stability, dur- there are a number of issues that re- that explosion. What many people do ing the cold war. We moved to much main troublesome. not realize, and what the judge noted lower risk in terms of a nuclear war. I think it is important for everyone in his findings, is that attack on the We can all be very thankful for that be- to bear in mind it is clear the House World Trade Center also included a cause of the change in climate, because bill and a number of its provisions are chemical weapon that was consumed of the arms control agreements, be- unacceptable to the administration, by the flames and, therefore, did not cause of the substantial number of nu- and I hope we can avoid that here. It is activate and did not cause damage. The clear weapons in the Soviet Union. All clear that we do have some issues that damage was done by the conventional- of that greatly reduces the risk of nu- already are unacceptable in this bill to type weapons. clear war. the administration. For example, the So we have already, according to the But the decline of the Soviet Empire language relating to the demarcation judge, had a chemical attempt in this has also ushered in a new era of lower line between theater and national mis- country. So it is almost predictable, stability, meaning that there are coun- sile defense, which is in our bill, is not with very little doubt, that we are tries all over the world that are having at this time acceptable to the adminis- going to have chemical and biological ethnic, religious conflict. We no longer tration, and the language concerning efforts made against soft targets in have the two superpowers who are basi- multilateralization, or adding new par- this country, including our cities, in- cally policing the world so that we do ties to the ABM Treaty. Both of these cluding our population centers, over not have conflict between two super- provisions, it is my hope, can be the next 5 to 10 years. powers. worked in a way that will avoid a veto We can either begin to get in front of We are in another era. We are in an by the President of this bill, but that it and deal with it in advance, try to era of organized crime not only in Rus- remains a very serious challenge. prevent it from happening, or we can sia but in many other places. We are in We will also consider a number of wait until it happens and then have ev- an era where we have had the first em- amendments that are likely to draw erybody say, ‘‘Why didn’t we do some- pire in history disintegrate but still broad bipartisan support, in terms of thing about it?’’ containing 30,000 or so nuclear weap- enhancing our national security. As I Mr. President, we are going to try to ons, over 40,000 tons of chemical weap- noted in my remarks on the floor on do something about it on this bill. We ons, and no one even knows how much May 30, I have been working very dili- are going to have an amendment that in the way of biological weapons, and gently with Senator LUGAR and Sen- would have the Department of Defense also scientists all over the former So- ator DOMENICI, and others, to address and the Department of Energy, in a viet Union, not just in Russia, who our Nation’s lack of preparedness to very carefully prescribed way—we are know how to make these weapons of cope with threats from the full range of not getting DOD and DOE involved in mass destruction, who know how to weapons of mass destruction, including enforcing the law at a domestic level. make ballistic missiles, but in many biological and chemical weapons. We are not talking about that. We are cases do not know how they are going We will have an amendment on this talking about having them help pre- to feed their families, and rogue na- bill by Senator LUGAR, Senator DOMEN- pare, in terms of training, in terms of tions all over the world trying to de- ICI, and myself that will strengthen the equipment, our local police, and fire of- velop these kinds of capabilities, as we ability of the Department of Defense ficials around this country to deal with have seen in the past in Iraq and other and the Department of Energy to assist what almost all experts on terrorism places. local fire departments and police de- believe is an inevitable kind of threat The combination of organized crime, partments, local law enforcement, in we face to our own country. terrorism, empire disintegration, tons

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6373 of material and know-how in terms of Russia, but in the Ukraine, also in Minority staff members: Christine E. weapons of mass destruction, all of Kazakhstan and also in Belarus. I know Cowart, Richard D. DeBobes, Andrew S. that combined means that we are in a all nuclear warheads have been taken Effron, Andrew B. Fulford, Daniel B. different era. What we have to make out of Kazakhstan, all nuclear war- Ginsberg, Mickie Jan Gordon, sure of, in terms of our overall debate heads have been taken out of Ukraine, Creighton Greene, Patrick T. Henry, in both the ballistic missile defense and the last weapons, I am told, will be William E. Hoehn, Jr., Jennifer A. area, as well as this Nunn-Lugar- taken out of Belarus this year. The Lambert, Michael J. McCord, Frank Domenici No. 2 effort, as we can call it, missiles will be destroyed. The Nunn- Norton, Jr., Arnold L. Punaro, Julie K. we have to make sure that we are not Lugar program has helped facilitate Rief, James R. Thompson III. Congres- so obsessed with the past that we can- that. Secretary of Defense Perry told sional fellows: Maurice B. Hutchison not think of the future. us this morning at the armed services and DeNeige V. Watson. The future kind of threats we are breakfast, without that program we The PRESIDING OFFICER. Without going to face are going to be different. could not have done what has been objection, it is so ordered. We are going to have to be more agile, done. There is a long way to go. There Mr. NUNN. Mr. President, summing as David Abshire, president of the Cen- is a lot left to do. up my remarks, I pledge to Senator ter for Strategic and International The most prominent feature of this THURMOND my cooperation on this bill. Studies, said in a recent article he program has been stopping these weap- The chairman has an awesome respon- wrote. We are going to have to be more ons at the source, preventing them sibility to be here on the floor, to help agile, more flexible. We are going to from leaking all over the world. It is manage the bill and to make judgment have to understand the threats that going to cost us hundreds of billions of on amendments. My role will be to help face us in the future. And we are going dollars—if we have nuclear materials him and assist him where he calls on to have to understand that the Depart- and chemical and biological materials me and where I can be of help. ment of Defense mission is still to pro- and missile technology know-how dis- I hope that people who have impor- tect the national security of this coun- bursed all over the world, it is going to tant amendments will come to the try. Included in that mission, I think cost us hundreds and hundreds of bil- floor and begin that process in the next at this stage, is a very critical need to lions of dollars to defend against it. few hours. I know that the majority help our police officials and our fire of- Even then it will be extremely difficult leader is under a great deal of pressure ficials be able to deal with the kind of to defend against. with a lot of other bills. I have never threat that they may face in the fu- The first priority is to stop it at the known us to be able to pass this bill in ture. source, to help these countries—not less than 3 or 4 days. It is my hope that Mr. President, I will have more to only Russia, but Ukraine and we can do that in this context. That say on this subject. I know that Sen- Kazakhstan and Belarus and others— will depend on the cooperation of all of ator LUGAR and Senator DOMENICI will get control of their own borders, to the Members. have more to say. But I did want to let help them understand the priority of I yield the floor. people on both sides of the aisle know controlling nuclear materials and Mr. THURMOND. Mr. President, I that sometime in the next few days chemical materials and biological ma- wish to thank the able Senator from while we are considering this bill there terials and know-how; second, to make Georgia, Senator NUNN, for his kind re- will be that kind of an amendment. sure that they have strong and effec- marks. It will be a pleasure working Mr. President, it will be aimed pri- tive border control and, where they with him on this bill. He is a former marily on the domestic side. It will be want our help, to help them in that re- chairman of this committee. He is now very carefully framed so that there will gard; third, to beef up our borders here the ranking member and does a very be no doubt that we are not getting in this country, to beef up our border fine job for defense, and we are very DOD and DOE involved in the actual protection; and, fourth, to be able to proud of him. enforcement of the law. That is not the deal with this kind of catastrophe if it PRIVILEGE OF THE FLOOR effort here. It is to equip and train and ever occurs. First to deter it, prevent it Mr. THURMOND. Mr. President, I prepare our law enforcement officials domestically, but to be able to deal ask unanimous consent that CRAIG Wil- to deal with these kinds of threats. with it, not only with police depart- liams, a fellow on the staff of Senator There will be a part 2 of this that will ments and fire departments, but also MCCAIN, be granted the privilege of the deal with a growing need to beef up our with health departments. floor during the discussion of S. 1745. Customs Service to make sure that In the Aum Shinrikyo attack in The PRESIDING OFFICER. Without they can do their part and do it well in Tokyo, the Japanese police were cer- objection, it is so ordered. preventing those kinds of materials tainly not prepared. There is no doubt Mr. THURMOND. Mr. President, I from ever getting into this country, about that. But the health officials, yield Senator INHOFE 15 minutes. Is and also to help them be more effective under the circumstances, did a pretty that sufficient? in preparing the customs services of good job. There is strong indication Mr. INHOFE. Yes. other nations, particularly the former that the Japanese were better prepared The PRESIDING OFFICER. The Sen- Soviet Union, in preventing materials to deal with the health aspects of this ator from Oklahoma is recognized. from getting out of those countries—a kind of chemical attack than we are in Mr. INHOFE. First of all, Mr. Presi- growing threat. this country. In fact, one of the key dent, I thank the distinguished Sen- So, Mr. President, there really are agencies in HHS to deal with this, one ator, the chairman of the committee, three parts of this overall Nunn-Lugar of the few agencies, very, very thinly Senator THURMOND, for all of his hard effort. Part one is already underway staffed, has had almost all of its fund- work. I really believe that our com- and has been for about 4 or 5 years. ing cut in the House. I hope that can be mittee has spent a lot of time, has had That is, in my mind, still the most cru- corrected because I am sure that the a lot of bipartisan cooperation in com- cial need because the window is open people who made those cuts did not re- ing up with a product, which I think is for cooperation with these former So- alize the context in which that agency still inadequate but is still the very viet states, including but not limited would have to work. So we are going to best that we could come up with at this to Russia. We are helping to do that. be talking about all those issues. time. The last missile was just taken out of PRIVILEGE OF THE FLOOR I think it is very unfortunate that the Ukraine. The last nuclear warhead Mr. President, I ask unanimous con- most American people do not realize was taken out of the Ukraine the other sent that the following named 14 mi- what a crisis our country is in in terms day. So this is a remarkable success. nority staff members on the Com- of our defense. I was very proud the Two years ago it appeared we were mittee on Armed Services and two con- other day before Senator THURMOND’s going to have four new nuclear states gressional fellows be granted the privi- committee when the four Chiefs of the coming out of the one old one, the So- lege of the floor during the consider- four services came in and made the viet Union. It appeared we were going ation of and votes relating to S. 1745, statement that we are $20 billion un- to have a nuclear component, very the National Defense Authorization derfunded in our procurement ac- strong nuclear component, not only in Act for fiscal year 1997. counts. I think this is something that

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6374 CONGRESSIONAL RECORD — SENATE June 18, 1996 we have to listen to because this is un- Then we have what appears to be a and all the tragedy that was linked to precedented. At least I do not recall new relationship between Syria and that. It is something—that unless you any time in history when the Chiefs Iraq. This was an article in the Wash- are there to see not just the loss of themselves have come in and said that ington Times on June 5. lives of 168 innocent people but the bru- the President’s budget is underfunding The third article I will submit is tality that was with it; the fact that procurement by $20 billion. They said ‘‘U.S. Investigates Ukraine-Libya Alli- all that happened with one bomb that that we need to get it up there in order ance.’’ This is kind of a scary thing is the equivalent of 1 ton of TNT. The to have the very minimum require- that is going on right now. All of these smallest nuclear warhead known is 1 ments the American people expect to are recent. kiloton—1,000 times that power; that The fourth article is, ‘‘Report Cites defend our country. explosive power. So just imagine. No China-Pakistan Missile Links.’’ The administration’s request is al- one is immune from that type of A new, draft U.S. Government report most $20 billion less, in real terms, threat. than we are spending this year, and states that all intelligence agencies believe there are several of us who are trying with ‘‘high confidence’’ that Pakistan has We saw just recently China and how to do something about this by adding obtained medium-range ballistic missiles overt they are getting right now in the back an amount of money. made by China, and says for the first time Taiwan Straits with their missile test- So I guess what I am trying to say is that Pakistan probably has finished devel- ing that is taking place. Then the oping nuclear warheads for these missiles, that the authorization that we are U.S. officials said yesterday. statement that was made by a high dealing with in this bill is still, in my Of course, we have been talking, time ranking Chinese official—it has been opinion, inadequate. Yet, I think it is and time again, about the threat that verified that he did say it. He said, ‘‘We the best that we can do at this time. is out there that is different than it has are not concerned with the United Our budget has actually decreased for been before. I understand that we are States coming in and defending Taipei 12 consecutive years. not going to be really addressing the because they would rather defend Los There is a lot of talk about what to Angeles.’’ At a very minimum it is an do about the deficit. All of the liberals national missile defense problem that we have. We tried to do that with the indirect threat. Are we being held hos- will point toward defense and say, ‘‘We tage? I think we are. need to cut defense spending,’’ when we Defend America Act. We have a President in the White have done nothing but cut defense We see the new developments in Syr- House who vetoed last year’s author- spending for the last 12 consecutive ian-controlled Lebanon and throughout ization bill because his veto message years. Back during the Kennedy admin- the Middle East; that when Jim Wool- was that he did not want to spend more istration, 60 percent of our budget went sey 2 years ago—it has been 2 years money on national missile defense. now since. He certainly would not be to defending America and 17 percent to Time and time again, we have Mem- human services. Now, 17 percent of our considered a Republican. He was a CIA bers of this body stand up and talk Director under two Democratic Presi- budget goes to defending America and about, well, we cannot spend another 60 percent goes to human services. It dents including President Clinton—said $50, $60, $70, or $80 billion more on star 2 years ago that we know of between 20 just shows the change that has taken wars. Star wars is just a term to try to and 25 nations that have or are devel- place in the attitude of the function of make it appear as if there is not any oping in the final stages weapons of Government. real threat out there. I suggested that We talked about the balanced budget mass destruction, either biological, back in 1983. We recognized that, in the amendment not long ago, and the fact chemical, or nuclear, and working on medium term, we were going to have to that we need to do something to bring the missile means of delivering it. That defend America against ICBM’s, a mis- it into balance. So they always point was 2 years ago. He has come out since sile attack with weapons of mass de- toward national defense, when we have then and expanded that up to 30 na- struction. already taken cuts there. tions. It is kind of interesting that there is Now, everything has gone in accord- So we are not talking about the days a study documented —and it has not ance with the schedule that was articu- been refuted on the floor of the Senate, lated at that time by President when we had two superpowers. Of and I brought this up several times— Reagan. So that here we are today with course, we are looking at elections tak- that shows that if we were to put a system that was to be in place by the ing place right now in Russia. We do growth caps on Government—one was a year 2000, and we have an investment not know how they are going to come 2-percent cap, and one was a 2.5-percent of approximately $50 billion in a na- out. But we see a change in attitude in cap—we could actually balance the tional missile defense system. the former Soviet Union. We saw what Yet, we stopped it dead in its tracks happened in the newest elections last budget without cutting one Federal in spite of the fact that the Russians program. I can assure you that I would December when the Communists took have missiles, that China has missiles, over 153 seats to Yeltsin’s 54 and be delighted to have that kind of treat- and the Taepo Dong II missile from ment in our defense budget because it Zhirinovsky roughly 53 or 54 seats. So North Korea is one that will be able to we are seeing a change there. has deteriorated and consistently gone reach the United States by somewhere But let us assume that there was down over the years. Since World War around between the year of 1999 and tranquillity and there was no problem II, there have only been 4 years that 2002. have been lower than we are right So the threat is very real. It is out between the United States and the now—1947, 1948, 1949, and 1950. This is there. And we have people that are of former Soviet Union, as we talked the lowest budget since 1950. the caliber of Saddam Hussein who about, during the cold war. The threat So it gets down to the question, is made the statement back at the time was there. I have always contended there a reason for this? Is it because of the Persian Gulf war. He said, ‘‘If we that the threat during the cold war was the threat is not as great out there as had waited to invade Kuwait for 5 more not as great as the threat is now be- it was in previous years? I suggest that years we would be able to have the mis- cause at least we could identify who that is a matter of interpretation. You sile capability of reaching the United enemy was at that time. We had the will get a lot of difference of opinion on States.’’ Would he do it? Sure he Soviet Union and we had the United this floor. To me, it is incontrovertible. States. We had at that time a treaty, I have some articles I will submit for would. Anyone who would kill his own grandchildren would do something like an ABM Treaty, and said that we were the RECORD. I am going to paraphrase going to agree to downgrade our nu- these. The first one—this is just in the that. Look at what is happening in Libya. Qadhafi is developing weapons clear capability. That was called mutu- last few days—was in the Washington ally assured destruction. ‘‘You shoot at Times. The last paragraph of this is: of mass destruction, and they have a us. We shoot back at you. Everyone In a report released ahead of publication new alliance with the Ukraine. We today, Stern— have very real problems that are out dies, and everybody is happy.’’ That is That is the German magazine. there. no longer the case. I did not agree with Said the plant was similar to one in The Senator from Georgia, Senator the policy. That was not a Democratic Tarhunah, Libya. The United States says NUNN, mentioned the crisis, the dis- policy. It came under Nixon and Kis- that complex is a chemical weapons factory. aster, the bombing of the Murrah Fed- singer. That did not make any sense. Libya says it is an irrigation plant. eral Office Building in Oklahoma City But

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6375 there were those who did believe it was Another important lesson learned in cost is raised further if we want to field worthwhile. I talked to Kissinger about the gulf war was that we need to be a force that is not just equivalent to it. He said, ‘‘It’s nuts to make a virtue able to protect our troops from bal- our enemy’s, but one that can defeat out of our vulnerability.’’ That is what listic missiles, missiles that are capa- his force, again, with minimal casual- we have done. So here we are out there ble of delivering weapons of mass de- ties as in the gulf war. The question, adhering to a policy through START struction. Whether it is nuclear, chem- therefore, is not whether we will be II, which in my interpretation puts us ical, or biological, we must protect our paying more for our armed forces than back with the ABM Treaty where we forces while they are in the field and our enemy does, but rather how much are downgrading our nuclear capability we must protect their families at more we must pay. Is the right number with one other nation while the rest of home. The way we do this is through three times as much, as with Russia, or the 25 or so rogue nations are increas- the development and deployment of more? ing their nuclear capability. missile defense systems: land and sea- More than 2,000 years ago, Sun Tzu So I think that we do not address based theater missile defense systems, said you should have five times the that in this. We should be addressing which can protect United States and strength of an enemy to assure success. that in this authorization bill. But I allied forces against cruise and bal- Well, there have been some changes in know what would happen if we did. We listic missiles while deployed in the warfare since Sun Tzu’s time. We now would not get it passed and the Presi- field; and a national missile defense have tanks, and planes, and sub- dent would veto it because he said that system to defend American families at marines, so the ratio has changed a lit- he would. home. We will have a ballistic missile tle. And we can stand here and argue So I say, Mr. President, that this bill defense, it will either be before—or till we are blue in the face over what does not go far enough. We have real after—we first need it. the proper force level is; two times, serious problems today. During the I have spoken about what we must three times, five times as much as the Persian Gulf war we had 26 divisions. provide for our military, now I would other guy. But the cost of our unique We are going to be down to 15 divisions like to point out what we can take geography makes any comparison be- with this. I think that it is a very seri- away. To begin with, we can eliminate tween what we pay and what our en- ous threat. We are right now No. 9, as defense spending that does not con- emies pay irrelevant. The point is: if I understand it, in ground forces, hav- tribute directly to the national secu- you want to fight, ‘‘over there,’’ and ing been passed by Pakistan. rity of the United States; such as polic- win, decisively, with minimal losses, So America is not at the strength ing of the Olympic Games. More impor- then you can expect to pay many times level that America should be. While I tantly, we should stand back and what the enemy pays for his military. say that, I am supporting this bill be- evaluate U.S. involvement in nontradi- Now, the people who complain that cause it is the only dog in the fight. We tional military operations, and its im- we spend three times as much on de- need to have an authorization bill. I pact on combat readiness, budgeting, fense as any other country on Earth support this. are smart people. They know that we Since the beginning of our country’s and our national interests. Bosnia, So- must cross our oceans to fight. They history, national security has been the malia, and Haiti; these and other police know that what we consider defense most solemn obligation our Govern- actions continue to drain defense funds ment holds with its citizens. In order and put a strain on personnel who are spending may not be what our enemies to honor this obligation, top priority already being stretched beyond their consider defense spending: First, there must be given to the forces that guar- breaking point—the breaking point is the high cost of our high-quality vol- antee our national security. These that our military as a whole is rapidly unteer military: recruiting, paying, forces do not ask much of us for their approaching. Bosnia alone is going to providing medical care and retirement. service. But they do need a certain cost American taxpayers $3 billion in Many people do not realize it, but two- amount of support from their Govern- defense dollars. thirds of our defense budget is spent on ment in order to carry out their duties Some people never seem to see a paying people. Then there is the cost of and protect the security of the United breaking point, however. They say we supporting our worldwide surveillance States as well as maintain our status are spending enough on defense. Some network, our nuclear deterrent and so as the world’s preeminent military say that we are spending far more on. They know these costs are unique power. money on defense than other countries. to the United States but they choose to However, in order to allow our mili- Well—of course we spend more money ignore it in their arguments. Why? Be- tary to honor their sworn duty, we on defense than other countries. In cause it supports their view of proper have to provide them with the means fact, in 1996 the United States will levels of defense spending. to do many things. We must give them spend three times as much on defense We can disagree on what it takes to the authority to retain ample man- as any other country on Earth, and field a given capability, but let us drop power in the form of adequate end more than all its prospective enemies these invalid comparisons and let us strengths. Our military must have the and neutral nations combined. deal with the facts. And with the facts means to recruit high-quality per- There are two problems with this in hand, let us spend no more than nec- sonnel to carry us into the 21st cen- comparison, however: it assumes that essary to get the job done, and let us tury. In addition, in order to keep our all countries are equal, and it suggests spend enough to fight, ‘‘over there,’’ high-quality personnel, and protect that the comparison between how and win, decisively, with minimal their quality of life which is so impor- much the United States spends versus losses. tant in maintaining morale, we must other nations is a legitimate measure In this regard, I have to say I was dis- provide them with equitable pay and of which side will prevail in a conflict. appointed by the administration’s benefits—including a 3-percent pay But because of geography, all things budget request for 1997 defense spend- raise to protect against inflation—and aren’t equal. We are separated from our ing. The administration’s fiscal year appropriate levels of funding for the potential enemies by two great oceans. 1997 budget request was $18.6 billion construction and maintenance of troop And rather than fighting wars in our less in real terms than the level en- billets and military family housing. own backyard, Americans prefer to acted for fiscal year 1996. Now, let me We must keep the battle sword sharp fight ‘‘over there.’’ Because we prefer put that another way; in real terms, by providing enough resources to main- to fight abroad, it will naturally cost since the end of WWII, there have only tain readiness and continue moderniza- us much more than it costs our en- been 5 years that the United States has tion efforts to provide the capabilities emies to field the same force, since we spent less than the Clinton administra- needed for future wars. Our military have to transport, sustain and operate tion is recommending for fiscal year must also be given the means to field our fighting force in a place where his 1997. Only in fiscal year 1947, fiscal year the type and quantity of weapons sys- already is. Each of these activities— 1948, fiscal year 1949, fiscal year 1950, tems and equipment needed to fight moving, sustaining and fighting far those years immediately following and win battles decisively, with mini- away—increases the cost of our mili- WWII, and fiscal year 1955 immediately mal risk to our troops, just as they did tary without significantly changing after the Korean War, has defense in the gulf war. the friendly-to-enemy force ratio. This spending been so low that it is less

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6376 CONGRESSIONAL RECORD — SENATE June 18, 1996 than the President’s recommendation one in Tarhunah, Libya. The United States assessment on the issue that was prepared in for this year. Not even during the hol- says that complex is a chemical weapons fac- 1994, policymakers may have a tougher time low force years of the 70’s have we tory; Libya says it is an irrigation plant. fending off calls by many proliferation ex- spent so little on defense. Clearly, it is perts, intelligence analysts and certain law- [From the Washington Times, June 5, 1996] makers to acknowledge publicly that the M– time that we address these short- IRAQI OPPOSITION TELLS OF TALKS IN 11 missiles are in Pakistan. comings. DAMASCUS Details of the draft report are emerging at As we prepare to vote on the fiscal a sensitive moment in U.S.-Chinese rela- LONDON.—A prominent Iraqi businessman year 1997 defense bill, it should come as tions, as administration officials are con- with close ties to the regime of his president, ducting final negotiations with Beijing re- no surprise, that I am truly concerned Saddam Hussein, is in Damascus to discuss garding possible sanctions against China for about the effects that decreasing levels future cooperation between Syria and Iraq, copying U.S. commercial goods. The admin- of defense spending have had upon our an Iraqi opposition group reported yester- istration is also defending a decision by Armed Forces. If the general public day. fully understood the severity of defense Sattam Kaoud, who heads the Jordanian President Clinton to renew the most-favored- nation trading status that allows Chinese cuts under the Clinton administration, Iman company and oversees other companies owned by Saddam’s son Uday, arrived in Da- goods to be imported with low U.S. tariffs. I believe that they would also be very The refusal of top policymakers to accept mascus June 1 and is staying at the Meridien concerned. In my State of Oklahoma, I the intelligence community’s judgment re- Hotel there, according to the Iraqi Broad- have heard this message already. We garding the presence of the M–11 missiles, as casting Corp. (IBC), run by the umbrella well as its recent decision not to impose can see the cuts all around us and it is Iraqi National Congress. sanctions against China for selling nuclear time to put these reckless defense cuts Mr. Kaoud’s trip was arranged by a man weapons-related equipment to Pakistan, has to an end. History has demonstrated named Mishaan Jibouri, who is also in Da- rankled certain U.S. officials who favor a that superpower status cannot be sus- mascus, the IBC said. It did not provide de- much tougher policy toward China. This dis- tails on Mr. Jibouri’s identity, but other tained cheaply, nor can it be sustained satisfaction has helped fuel a series of leaks Iraqi opposition sources say he attended an by budget requests which do not pro- about Chinese wrongdoing over the years. Iraqi opposition conference in Syria this vide for adequate funding of our forces. The first U.S. intelligence report regarding year. I am committed to maintaining Amer- the M–11s was leaked in 1992. Last July, the Mr. Jibouri and Mr. Kaoud have discussed Washington Post quoted Intelligence offi- ica’s superpower status. However, I am the possibility of reopening the Iraqi-Syrian cials as saying that more than 30 of the mis- skeptical about the administration’s border, the IBC said. Iraq, which has been siles were stored in crates at Pakistan’s commitment to this goal. under international sanctions since its 1990 Right now our military—the finest Sargodha Air Force Base west of Lahore. invasion of Kuwait, reached agreement last Several U.S. officials said yesterday that is fighting force on this Earth—is being month with the United States to resume lim- where the entire intelligence community be- torn in two directions. Our spending on ited oil sales to buy humanitarian supplies. lieves the missiles remain. But they added defense is decreasing, while at the that a sharp dispute has broken out within [From the Washington Times, June 13, 1996] same time, the demands on our per- the community over whether the missiles sonnel are increasing. We are stretch- U.S. INVESTIGATES UKRAINE-LIBYA ALLIANCE should nonetheless be described in the new ing the rubber band tighter and tight- The State Department is investigating re- report as ‘‘operational,’’ a term that would er, and if defense funding levels do not ports that Ukraine and Libya are working on raise policy alarms in Washington and upset increase, I fear the rubber band will a strategic alliance that could involve the the Indian government. Yesterday’s Washington Times reported break and this dangerous combination transfer of weapons technology to the pro- terrorist regime in Libya, a department the existence of the new draft report and may result in an exodus of high qual- spokesman said. first described the dispute about its con- ity, trained-personnel and, ultimately, ‘‘We’re looking into it. We take it seri- tents. a military crises. ously,’’ spokesman Nicholas Burns said in re- Representatives of the CIA and the Defense It is our duty, as Senators of the sponse to a report of the Ukrainian-Libya co- Intelligence Agency, in particular, have ar- United States, to do our part in pro- operation in Monday’s editions of The Wash- gued that because a unit of the Pakistani viding for our national security. In ington Times. army has been assigned to operate the mis- doing our part, we must vote for a de- Mr. Burns said the Clinton administration siles and has been trained by Chinese ex- fense bill which gives our military the believes Ukraine will honor existing U.S. perts, the missiles can probably be with- means to do their part. Our forces do sanctions against Libya, but it will continue drawn from their crates and deployed in the to watch the Libyan government to ensure it field within a matter of days. not ask much of us for their service, is not acquiring weapons technology. The State Department’s Bureau of Intel- but they do need a certain amount of ligence and Research (INR), alone among support from their Government in [From the Washington Post] U.S. intelligence agencies, has argued to the contrary that not enough information is order to carry out their duties and pro- REPORT CITES CHINA-PAKISTAN MISSILE LINKS known about Pakistani training practices to tect the security of the United States (By R. Jeffrey Smith) of America. reach this judgment. The missiles cannot be I feel it is time we take a more re- A new, draft U.S. government report states considered operational until they have actu- that all intelligence agencies believe with sponsible approach to defending this ally been withdrawn from the crates and ‘‘high confidence’’ that Pakistan has ob- been used in such training—and act that has Nation, and I therefore urge my col- tained medium-range ballistic missiles made not yet occurred, the bureaus has argued. leagues to support the fiscal year 1997 by China, and says for the first time that ‘‘There is nothing new on this issue [of DOD authorization and its modest in- Pakistan probably has finished developing missile operations],’’ said one policymaker. crease over the administration request. nuclear warheads for these missiles, U.S. of- That means ‘‘it is kind of a semantic ques- Mr. President, I ask unanimous con- ficials said yesterday. tion,’’ rather than an act reflecting a shift in sent that four articles be printed in the The classified report’s unanimous reaffir- Pakistani military strategy or security pol- mation of a long-standing intelligence con- RECORD. icy. There being no objection, the mate- clusion that complete Chinese M–11 missiles A similar dispute has broken out over the are in Pakistan puts additional pressure on rial was ordered to be printed in the draft report’s new conclusion that ‘‘it is the Clinton administration to consider im- probable’’ Pakistani weapons engineers have RECORD, as follows: posing tough economic sanctions against completed the arduous task of creating nu- [From the Washington Times, June 5, 1996] both nations, as required under a U.S. law clear warheads compact enough to fit atop U.S. INFORMS BONN OF SYRIAN TOXIC-GAS aimed at punishing the global spread of such the missiles. UNIT missiles, the officials said. Several officials said this conclusion is de- BONN.—Syria is building a poison gas fac- In the past, U.S. policymakers have repeat- rived from an estimate of how long Pakistan tory in the western city of Aleppo that could edly said that while components of the M–11 has been trying to complete this task and constitute a major threat to Israel’s national missiles may be in Pakistan, Washington certain information about the sophistication security, a German magazine reported yes- lacks concrete evidence that the complete of its weapons designs. But INR analysts terday. missiles are there. As a result, these policy- have argued to the contrary that the effort The weekly Stern said U.S. intelligence of- makers have said, Washington need not in- cannot be considered successful until the ficials had passed on satellite photographs of voke the law and cut off U.S. government warhead has been flight-tested—an act that the plant to their German counter-parts, contracts with China, halt licenses for U.S. again has not yet occurred. who were checking if any Germans were in- exports to China or ban Chinese imports Officials said the final wording of the re- volved. worth up to several billion dollars. port is to be decided by CIA Director John In a report released ahead of publication But with the imminent completion of the M. Deutch, after further drafting by the today, Stern said the plant was similar to new report, which updates a U.S. intelligence Weapons and Space Systems Intelligence

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6377 Committee, a little-known panel that in- and skill, and yet each budget that he the mission or enjoy an acceptable cludes representatives of all U.S. intel- sends up refuses to back up that praise quality of life during military service. ligence agencies as well as officials from and that commitment with adequate The bill that we are bringing forward Australia, Canada and Britain, Australia and resources to allow them to do their job. authorizes our Armed Forces to mod- Canada have sided with INR in concluding Let me just give a couple of exam- the M–11s are not yet ‘‘operational’’ and that ernize their equipment, to replace Pakistan might not yet have completed the ples. In the area of procurement, in aging trucks, ships, and aircraft, and requisite nuclear warheads. order to ensure future military readi- encourages our military to develop new Mr. INHOFE. I yield the floor. ness and superiority against threats operational capabilities based on The PRESIDING OFFICER. Who from outside by tyrants, terrorists, emerging technologies and to better seeks recognition? rogue nations, and others, our military prepare themselves for a military tech- Mr. THURMOND. Mr. President, I needs to, on a regular basis, recapi- nological revolution that may well be wish to commend the able Senator talize existing equipment and buy new ushered in in the next century, a revo- from Oklahoma for his fine statement. systems. lution that may profoundly change the There is amazing change taking place He is a valuable member of the Armed character of future conflicts. today in technology and what is avail- Services Committee. We appreciate his Finally, the bill that the Armed able to us. We saw vivid pictures of coming here and making a good state- Services Committee is bringing for- that during Desert Storm—a revolu- ment. ward will improve the quality of life of tion in terms of the way warfare is I now yield to the able Senator from our military personnel by addressing fought to engage in that size conflict compensation, work and living condi- Indiana, Senator COATS, another valu- with that number of troops, and to able member of the Armed Services tions. Addressing these issues will en- come away with as few casualties as we Committee. able the troops to focus on their mis- have. It was extraordinary. Never in The PRESIDING OFFICER. The Sen- sion rather than worry about the wel- the history of warfare has this hap- ator from Indiana. fare of themselves or of their families. pened. It is due to those changes in So, Mr. President, what I am stating Mr. COATS. Mr. President, I thank technology which allow us to have a here is that had we followed the Presi- our chairman and my friend, the Sen- significant advantage over our adver- dent’s requested budget, we would not ator from South Carolina, for his kind saries. It is due to the extensive train- have begun to address the concerns statements and for allowing me this ing of troops to utilize that new tech- that were laid out before us as mem- time. nology, to outstanding leadership, and bers of the committee and members of PRIVILEGE OF THE FLOOR the availability of a synergy of train- the armed services leadership came and First of all, Mr. President, I would ing, quality personnel, quality leader- testified. like to ask unanimous consent that a ship, and modern technology in new With this $12.9 billion plus up, in ad- member of my staff, Maj. Sharon Dun- weapons. dition, even though we fall short of bar, be allowed permission to be on the Yet, in spite of warnings by senior maintaining parity with spending last floor during the debate on the defense military officials that procurement is year inflation adjusted, we do address authorization bill. in a crisis, in the defense budget the some of the critical areas that need to The PRESIDING OFFICER. Without President seeks to fund procurement at be addressed, primarily improving our objection, it is so ordered. its lowest level since the Korean war— readiness, improving quality of life for Mr. COATS. Mr. President, I have a $21 billion less than what senior mili- our troops and their families and be- somewhat lengthy statement which I tary leaders have testified as required ginning the process of modernizing to will try to abbreviate. There are essen- by the year 1998. We are significantly keep pace with the technological tial points which I would like to make under the procurement budget that is changes that are before us. as we are debating the 1997 national de- necessary to maintain pace with re- As chairman of the Personnel Sub- fense bill. capitalization of existing equipment. committee, I have had the opportunity The President’s proposed defense The war-fighting commanders, mili- to visit our troops, listen to them tes- budget of $254 billion is, in my opinion, tary service chiefs, and Chairman of tify before our committee and meet the epitome of a mindset that has been the Joint Chiefs of Staff have all testi- with them at many military installa- prevalent throughout the Congress and fied to their deep concerns about the tions around the country and the this administration that the military President’s budget. These senior mili- world. With a 30 percent less force can do more with less. Not only does tary leaders universally have identified structure, I found that our military is this budget figure as has been proposed readiness, quality of life, and mod- overextended in meeting many of the to us constitute the 12th consecutive ernization as desperately requiring at- new demands of the post-cold-war year of decline for defense spending but tention and increased funding. The world. By demanding more of those it flies squarely in the face of his many Senate Armed Services Committee has who remain in the military after a pledges and commitments to ensure a weighed their testimony carefully. It nearly 40 percent decrease in personnel strong national defense, and at the authorized an additional $12.9 billion levels and spending levels but by not same time in the face of this declining over the President’s budget based upon training or equipping them to conduct figure of 12 straight years our military the military’s own needs and require- these additional missions, we are erod- is being asked to do more and more, to ments. Even with this addition, the ing the state of military readiness and be prepared to do more, and actually is 1997 committee bill will still be $5.6 bil- the quality of life of our military mem- committed to more conflicts and more lion below the inflation-adjusted bers. deployments around the world than it spending levels of last year’s defense Let me give some examples. What is has in a long, long time. bill. called personnel tempo, that is, the In his 1994 State of the Union Address So Members and colleagues need to amount of time our military members the President said: understand that even though we are spend away from their home base, has From the day I took the oath of office, I adding this to the President’s request, increased considerably since the end of pledged that our Nation would maintain the we are still below what is necessary to the cold war. Today, four times as best equipped, best trained, and best pre- maintain a level of funding over last many Air Force personnel are deployed pared military on Earth. year’s bill. as there were in 1989. People think we This year’s defense budget is a dis- So we are now entering the 12th con- are in this peace period, post-cold-war avowal of that pledge—that falls far secutive year of defense declines. The period, where most of our troops are short of meeting many of the needs of defense bill before us does not provide staying home and not having commit- our Armed Forces. But the President’s our troops with what is required for the ments for deployment or heavy train- rhetoric in this instance, as in many defense of our Nation, what is required ing. That is simply not the case. Air other instances and many other issues, to sustain military superiority in a Force personnel are deployed at four simply does not match the record. The rapidly changing global environment. times the rate they were in 1989. Gen- President has praised our men and Rhetoric matters little if our troops eral Reimer, the Army Chief of Staff, women in uniform for their courage lack the resources they need to execute indicated that requirements for the

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6378 CONGRESSIONAL RECORD — SENATE June 18, 1996 Army forces have risen 300 percent dur- standards are far lower than the stand- So it is hardly unreasonable to ask for ing that time. Today, more than 41,000 ards we find in civilian occupations a 3-percent increase in pay. U.S. soldiers are currently deployed on outside of the military—soldiers with Additionally, General Shelton, who is nearly 170 missions in 60 countries. rotting shower stalls and running toi- commander in chief of Special Oper- General Sheehan, the Commander in lets, half of which do not work, with ations Command, testified before our Chief of the U.S. Atlantic Command, drywall with holes punched through, committee about his inability to pay has testified that he has forces de- with leaky, rusted pipes and units with Army special operation forces special ployed in 18 separate operations world- asbestos in the ceilings and in the duty assignment pay. He simply did wide, 70 ships, 400 aircraft, and 37,000 walls. It is just extraordinary to see not have the funds. So we authorized personnel. At this pace, maintenance, the disrepair that our troops are re- the funding to give them that pay that morale, and readiness rapidly erode if quired to live with and raise their fam- other special operations forces receive. they do not have the resources capable ilies in. These are just a few of the personnel of meeting these demands. I commend the Secretary of Defense initiatives that we have taken to at- General Reimer has testified: for understanding this problem and tempt to address some serious per- Excessive time away from home is often taking initiatives to address this prob- sonnel problems. cited by quality professionals as the reason lem. He has established both an inter- With regard to modernization for their decision to leave the military. It is nal task force and an external task issues—procurement, research, devel- common to find soldiers that have been away force to address this housing problem, opment, test and evaluation, military from home for 140, 160 or 190 days in the past but housing year after year after year construction, housing—the administra- year. The Army’s future depends upon our tion concedes that the budget is ‘‘*** has been deferred and delayed in terms ability to retain the best soldiers to be to- contingent on the realization of sav- of rebuilding new housing and main- morrow’s leaders. ings expected to accrue from infra- taining existing housing because we The quality of our Armed Forces, structure reductions, especially base have had scarce resources and have had their training, their professionalism, closings, and the successful implemen- to divert those resources into the es- and their commitment, is what distin- tation of acquisition reform initia- sential needs of readiness and training guishes the American military from all tives.’’ and pay for our personnel, and yet we the others. Today we have an excellent, Let me just comment briefly on that. have ignored the very facilities in dedicated force, but in order to attract I have some very fundamental concerns which they live. Members would feel it and retain the quality of personnel for about the administration’s approach to a disgrace if they visited these facili- which our military is known, we must funding future needs based on assump- ties. Members here would not think of pay attention to their needs and con- tions that may not pan out. Many of raising their families under the condi- cerns. these funding modernizations are crit- Quality of life is a factor of readiness tions that our soldiers and sailors and ical to the future of our forces, yet we that we cannot ignore. It involves not marines and airmen are required to are depending on freeing up funds based just where our military families live raise their families in. Soldiers today on assumptions about inflation which but how they live. We must not forget are pooling their own funds and going will defy all past records of what infla- that training programs and the qual- down to Home Depot to buy materials tion levels will be in the future. Any ity-of-life initiatives are major invest- to bring back to their barracks to fix miscalculation is going to impact ments in the future of our Armed their shower stalls, to fix leaky win- greatly the resources necessary for up- Forces. If we fail to address these dows, to fix rotting ceilings, to repair dating many of our programs. issues today, our Armed Forces will the facilities that they live in, with Second, planning for weapons mod- suffer the consequences tomorrow. their own money on their own time. ernization is not the same as funding The defense bill before us addresses Our units are being organized by weapons modernization. Mortgaging of the quality-of-life issues that matter their commanders to do self-work modernization to fund near-term readi- the most to our military personnel and projects in order just to obtain mini- ness over recent years has already cre- their families. Included in this legisla- mal living standards. It is a disgrace. ated massive bow waves in weapons re- tion are provisions to provide equitable So, for those who come to this floor quirements. The tactical air fleet is pay and benefits and to restore funding and say the military has money flow- reaching its half-life. Army and Marine for troops, barracks, and military fam- ing out of its pockets and is wasting utility helicopters have already ex- ily housing. The committee added $122 taxpayers’ dollars on defense needs, I ceeded their half-life, and combat vehi- million to the fund for family housing would like them to join me on a short cles and trucks will reach their full life requirements. This need was pointed trip to a number of facilities so they cycle by the end of the future year’s out clearly by General Krulak, Com- can see what kind of quality of life our defense plan. We have military per- mandant of the Marine Corps, who ex- troops have, what conditions they are sonnel today who are flying aircraft pressed his concern about conditions of asked to live in. and driving trucks that are older than We take great pride in providing our housing. General Krulak testified: they are. troops with the best training, the best So linking future modernization We are not where we ought to be. I went leadership, and the best weapons. Yet, with my godchild to his barracks and was ap- funding to illusory savings from acqui- palled at what he was living in. Appalled is when it comes to quality of life, wheth- sition reform, base cloture and infla- probably a mild word for it. We are building er it comes to the time they spend with tion is unacceptable. Even if these sav- some barracks, we are building some homes, their family or take the weekend off, ings materialize, modernization at best but it is not to the level that I as Com- they return to a substandard quality of will be funded at $60 billion 4 years mandant or you as a public servant would be life that this Nation ought to be later than what is required. If these very pleased about. It is simply a matter of ashamed of. savings do not materialize, and I sus- available money. One of the ways in which the com- pect they will not, modernization of Mr. President, I have visited bar- mittee is attempting to close this gap our Armed Forces will be pushed fur- racks and family housing units at between military housing costs and ther into the 21st century. bases across this country and in dif- housing allowances, to span that gap, Finally, let me just state that the as- ferent parts of the world. I wish I could is we have recommended a 4-percent in- sumptions behind the administration’s take every Member of the Senate to crease in the basic housing allowance. defense budget are based upon its Bot- these bases and show them personally We also have authorized single E–5’s to tom-Up Review strategy calling on our what we are providing for our troops in receive basic allowance for quarters, military to fight and win two nearly si- terms of living arrangements. They one of the Navy’s highest quality-of- multaneous major regional contin- would be appalled to see the conditions life priorities. gencies. It is not realistic to expect our that we are asking our service mem- In addition, we provided a 3-percent military to fight two major regional bers and their families to live in. pay raise for our troops, both needed conflicts with a $10 billion nominal de- Today, over 60 percent of all military and well deserved, which is, again, less cline in the defense budget. Until the housing is deemed substandard by mili- than the Congressional Budget Office’s Department of Defense conducts an- tary standards, and those military 3.2 inflation estimate, but it is close. other strategic review, our military

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6379 must continue to organize, train, and them a superior edge over those they The truth of the matter is that over equip to execute this strategy. fight against, training programs to im- the past 12 years, defense spending has Many of us share concerns that the prove their warfighting capabilities, a declined nearly 40 percent, and it con- outdated Bottom-Up Review may be decent standard of living, and decent tinues to go down, now the 12th con- detracting from prudent defense invest- quarters in which to live. Attending to secutive year. Name me one other pro- ments. Misinvestments will adversely these basic needs is indeed a small in- gram of Government that has begun to impact our war fighters, but it will vestment for the services our Armed match the record of reduced spending also affect taxpayers. Because of these Forces provide to the Nation each day. as the Department of Defense—40 per- concerns, I am supporting, along with Attending to these needs is a small re- cent less troops, 40 percent less spend- Senator LIEBERMAN, an amendment turn on the price we may ultimately ing for equipment, troops deployed all calling for the Defense Department to ask our Armed Forces to pay in defense over the world, stretched to the limit, undertake a comprehensive innovative of our Nation. in many cases, in terms of their oper- study of alternative force structures in We must not squander the oppor- ations tempo and their personnel 1997, and urge Members to participate tunity to plan our military’s future tempo, troops living in substandard in this debate and listen to the reasons during a time of peace. Nor should we housing. why we need to do this. be lulled into a false sense of security What Member of this Congress can Last year, during the debate on the that in the 21st century—indeed in the take any sense of satisfaction in know- defense authorization bill, we heard years preceding it—our Armed Forces ing that 60 percent or more of the men from a number of Members who were will not again be called upon to defend and women and families who have com- offering amendments to cut funding for America. I respect the argument that mitted to defend this Nation live in ab- the Defense Department who were our Nation must grapple with many, solutely substandard housing arrange- questioning the increases that we were often conflicting, priorities. Clearly, ments? It is a disgrace, and it is simply seeking in the funding for the defense the Government has an obligation to something that we absolutely have to of our Nation. We heard them say over get its financial house in order and bal- correct. and over and over, ‘‘Well, the Pentagon ance the budget. However, we must So, as we go forward in the debate on did not ask for this money, the Pen- avoid the temptation to act as if cut- the defense bill, I hope my colleagues tagon did not seek these funds. So, ting defense spending has no con- will remember defense has contributed therefore, everything that is being re- sequences. History is replete with ex- more than its share in reducing our quested on this floor that exceeds what amples of the consequences of ignoring spending and trying to get in line with the Pentagon sent over in its budget military preparedness. a balanced budget. No other agencies of In speaking of our Nation’s failure to request has to be pork-barrel spending, Government can begin to compare with address these very same issues after it has to be unnecessary spending, that. And in the end, one of the most World War II, Gen. Creighton Abrams wasteful spending, spending that is not essential, if not the most essential, said: needed.’’ functions for Federal Government is to I want to make sure my colleagues We paid dearly for unpreparedness during provide for the common defense and those early days in Korea with our most pre- know that when this excuse is brought the national security of this country. I cious currency—the lives of our young men. can think of no higher spending pri- up this year in the context of discus- The monuments we raise to their heroism sion about this bill, or spending prior- and sacrifices are really surrogates for the ority. We need to understand that. We ities, that this statement that ‘‘the monuments we owe ourselves for our blind- need to understand that this adminis- Pentagon did not ask for it, and there- ness to reality, for our indifference to real tration is not committed to that pri- fore it is not needed,’’ is an excuse that threats to our security, and our determina- ority, despite their rhetoric. just simply will not wash. It does not tion to deal in intentions and perceptions, Let’s hope that the debate will lead square with the testimony received by for our unsubstantiated wishful thinking us to a satisfactory result, so we can at about how war would not come. the Senate Armed Services Committee. least tell our troops that we have done In his annual report to the President It only squares with what the Presi- the best we can—we have not provided and Congress, Defense Secretary Perry dent’s budget department decided they them everything they need, but we wrote: would spend for defense. It does not have at least taken steps in the right come anywhere close to what the mili- The world has changed dramatically over direction to recognize that they pro- the past few years, but one thing remains tary has testified on the record that vide security and defense for more than constant: a strong military force, made up of 250 million people of this country and they need in order to accomplish the the finest American men and women, is the tasks and the missions that have been Nation’s best insurance policy. deserve adequate support in doing that. required of them by this administra- Mr. President, I yield the floor. I urge my colleagues to ponder the Mr. DORGAN addressed the Chair. tion. haunting words of General Abrams, and The PRESIDING OFFICER. Who So that excuse, that this is above the the deliberate words of Secretary seeks recognition? Defense Department’s own request, is a Perry. As tempting as it may be in an Mr. THURMOND addressed the Chair. phony excuse. It does not reflect in any era of scarce resources and competing The PRESIDING OFFICER. The Sen- way the testimony we received from priorities, we must not allow indiffer- ator from South Carolina. senior military leaders. It reflects what ence to serve as the basis for today’s Mr. THURMOND. Mr. President, I those senior leaders were told to say defense spending. A strong, well-pre- commend the able Senator from Indi- and the constraints that were placed pared military has been, and will con- ana for the valuable contributions he on them by the administration. So let tinue to be, our Nation’s only insur- has made to this debate. us make sure we understand what the ance. A strong national defense does I now yield to the Senator from difference is between defense needs and not come cheaply. We should not de- North Dakota. their stated needs, and what the ad- lude ourselves into thinking otherwise. The PRESIDING OFFICER. The Sen- ministration has told them their needs Mr. President, I will say to those who ator from North Dakota is recognized. are and their top-line spending is. think defense needs to do more of its Mr. DORGAN. Mr. President, I thank In a December 1994 Rose Garden share in helping to reduce our spend- the Senator from South Carolina. I will speech, President Clinton affirmed that ing, had every other item of Govern- start today by expressing my respect ‘‘We ask much of our military and owe ment done half the share that defense for the Senator from South Carolina. I much to them in return.’’ What is a has provided of reduced spending over think he has brought a bill to the floor fair return to our troops for dedicating the past 12 years, we would more than that includes many features that are themselves to service for our Nation— have a balanced budget. If other agen- very important. He and Senator NUNN for risking their lives to defend Amer- cies of Government had taken the same are two Senators for whom I have the ica’s interests around the world? Our steps, or half the steps, taken by the highest regard. I appreciate very much troops do not ask for much. In fact, Department of Defense, we would not the work he does on behalf of this their requests are actually quite rea- be arguing over the need for a constitu- country in the area of defense. sonable—modernized weapon systems tional amendment to balance the budg- I regret I am going to offer an to defend America’s interests, to give et or how we get to a balanced budget. amendment he likely will not support,

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6380 CONGRESSIONAL RECORD — SENATE June 18, 1996 but that does not diminish in any way is from between a $30 billion to $60 bil- not subscribe to those who believe we my respect for his work and effort, nor lion new program to build a new set of ought to deploy it on an expedited does it diminish in any way the respect missiles in our country to create some basis, who demand we need to build it I have for the others on the defense au- kind of an astrodome across America now, we need to buy before we fly, we thorization committee. so that other potential enemy missiles need to overstate a threat in order to I intend to offer an amendment later are unable to penetrate. justify a new program. today to reduce by $300 million the This defense authorization bill adds So, again, with the greatest respect amount of money that was added to $300 million to the $508 million that for those who disagree, I will offer an the National Missile Defense Program was requested by the administration amendment to cut the $300 million or, I call it, star wars, because it has a and the Pentagon on research and de- from the defense authorization bill so space-based, multisite component. But velopment on a national missile de- that we are back at the $508 million on I intend to offer that, hopefully today, fense system. Let me be clear, I do not the national missile defense program and give the Senate an opportunity to oppose research on a National Missile that the Defense Department had re- reduce by $300 million this Defense au- Defense Program. I do not oppose re- quested in its budget. In the scheme of thorization bill. search. I do oppose going beyond re- the Federal budget, $300 million may Mr. President, I ask unanimous con- search, adding hundreds of millions of not be the largest amount of money, sent to be able to show my colleagues dollars, demanding we deploy, as but it is a significant amount of the following piece of metal. It is an quickly as is possible, almost imme- money. I hope my colleagues, when we item that comes from a hinge to a door diately, a national missile defense sys- have the larger debate about this sub- on a missile silo. The silo was silo No. tem. ject, will agree. 110 in Pervomaysk, Ukraine. It held an To do that will destroy the arms con- Let me finish where I began. This SS–19 missile that was targeted against trol agreements we now have. To de- piece of metal is symbolic of what we the United States of America. That stroy the arms control agreements do if we do the right things together. missile likely would have held, I be- makes no sense at all. Those are the Arms control agreements work. This lieve, five or six warheads buried in the agreements by which we are seeing the used to be housed in the silo that held ground in the Ukraine. Missile No. 110 missiles in the Ukraine—the Ukraine, a missile with nuclear warheads aimed and SS–19. This piece of metal was incidentally, is nuclear free. There are at America. The missile and silo do not taken from that destroyed missile silo. no more missiles, no more nuclear war- now exist. There are sunflowers plant- That missile does not exist anymore. heads in the Ukraine. There used to be ed on that ground in the Ukraine. Where this was part of a component to thousands. Where missile 110 used to exist, an SS– hold an SS–19 targeted against the To do what is being proposed, to un- 19 with a nuclear warhead, we now have United States, there now exists not a dercut and destroy the foundation of a patch of sunflowers. silo, not a missile, not a warhead, but the arms control agreements, means That is the way to destroy an adver- a piece of level ground planted not with that we may no longer have the Nunn- sary’s missile, in the ground before it a missile but with sunflowers. Sun- Lugar program with the opportunity to is fired. Arms control agreements have flowers have replaced an SS–19 that have our former adversaries destroying worked. I cannot compliment Senator was targeted against the United States missiles and destroying warheads that LUGAR and Senator NUNN enough for of America. previously were once aimed at this the leadership they have shown in How did that happen? How does it country. these areas. I say, let us be very, very, happen that I hold a piece of metal Should we have a national missile de- very careful, as we move forward on from a silo that housed a nuclear weap- fense program? I do not know. Should any missile defense program, that we on targeted against our country? This we decide immediately that we want to do not undercut arms control agree- has come from halfway around the add extra money—$300 million in this ments that have achieved significant world and from more than that dis- case, but a down payment at least on a and real results in reducing the nuclear tance, philosophically, in terms of program that is going to cost $60 bil- threat. what we have understood how we can lion—to demand early deployment of a Mr. President, I yield the floor. make progress in arms reductions if we multisite, spaced-based component of a Mr. THURMOND addressed the Chair. do the right thing. national missile defense system? The PRESIDING OFFICER. The Sen- Senator NUNN and Senator LUGAR Should we do that now? Of course not. ator from South Carolina. proposed legislation that is now law We should not spend money we do not Mr. THURMOND. Mr. President, I that provides funding for the destruc- have on something we do not need. thank the distinguished Senator for his tion of missiles under the arms reduc- We will have a longer debate on this. comments. I look forward to a spirited tion treaties we have with Russia and I am happy to engage in a debate with debate on this subject. the old Soviet Union. Today, as I my colleagues. I will do so respectfully. Mr. President, Senator WARNER is a speak, there are missiles armed with I very much respect their views. We, valuable member of the Armed Serv- nuclear warheads that used to be point- however, have spent a lot of time ices Committee. He has been on the ed at this country that are being wringing our hands, gnashing our committee a long time and done a fine chopped up and crushed and taken out teeth, mopping our brow about the job. I now yield such time as he may of silos and destroyed. Federal budget deficit. We should do require. Surely, everyone would agree the that because it is a serious problem. Mr. WARNER. Mr. President, I thank best way to destroy a missile that is But I find it fascinating that those my distinguished chairman. aimed at the United States is to de- who have bleated the loudest or brayed PRIVILEGE OF THE FLOOR stroy it before it leaves its silo. Hun- the loudest about the Federal deficit Mr. WARNER. Mr. President, first, I dreds of these missiles have been de- are at the first opportunity coming to ask unanimous consent that Comdr. stroyed before they have left the silo the floor of the Senate saying, ‘‘By the Mike Matthes, U.S. Navy, a fellow as- under the Nunn-Lugar provisions, way, I am concerned about the Federal signed to my office, be granted floor which have substantially reduced the deficit, but I very much want to see us privileges during the consideration of nuclear threat and which, under the embark on a new $60 billion national S. 1745. arms reduction treaties, have resulted missile defense program.’’ The PRESIDING OFFICER. Without in fewer missiles and fewer nuclear My amendment will be very simple. objection, it is so ordered. weapons threatening our country. My amendment will be to say, let us Mr. WARNER. Mr. President, I will In this Defense authorization bill, we preserve the $508 million the adminis- begin by again recognizing the fine are going to have a debate about tration in the Defense Department leadership provided by Chairman whether to build a new National Mis- asked for in research and development STROM THURMOND of South Carolina, sile Defense Program. Some call it De- funds for a missile defense program. We and Senator SAM NUNN of Georgia, our fend America. Some call it star wars. may need one sometime. We may need ranking member. This year, as in many Some call it NMD. Whatever it is, the to deploy it sometime after the turn of years past, the defense authorization Congressional Research Service says it the century. I do not know. But I do bill is truly a bipartisan product. I

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6381 have often thought that in areas of de- Enough, I think, is enough, Mr. sia to try and take command of the fense and foreign policy partisanship President. submarine tactical ability that they stops at the water’s edge, a concept en- U.S. troops are currently deployed in have and to meet us head on. That con- visioned by one of our former col- 10 separate military operations over- cerns me. leagues many years ago. I think it is a seas. Despite the end of the cold war, That brings me to the subject of the concept that is as true today as it was we are calling on men and women of New Attack Submarine Program. Last then. the Armed Forces at an ever increasing year, our committee fought long and Despite some differences, we were rate. It is our responsibility to provide hard to reach an agreement with the able to work together to unanimously our troops with adequate resources so administration to provide for competi- report out the bill which is before the they can effectively and safely perform tion in the procurement of this new Senate at this time. Less than 3 their missions. We must not ever send class of submarines. The administra- months after receiving the administra- them into harm’s way with equipment tion had originally proposed a sole tion’s budget request, the Armed Serv- that is less than the best, particularly source award of this work to Electric ices Committee had conducted a thor- if it is outdated. Boat in Connecticut—effectively pro- ough set of hearings and completed its As Army Chief of Staff Reimer told hibiting competition and cutting New- markup of the defense authorization the Armed Services Committee in port News Shipping & Dry Dock, which bill. This record-setting pace is a trib- March of this year, and I quote that is located in my State, out of future ute to the committee chairman, Sen- distinguished soldier: submarine construction. Newport News has been in the new construction sub- ator THURMOND, and the ranking mem- In the event of a conflict, a lack of modern ber, and the fine professional staff equipment will cost the lives of brave sol- marine programs since World War II. under the direction of Col. Les diers. There is no question about its com- petence and its cost effectiveness to Brownlee, U.S. Army, and Gen. Arnold I was impressed with the candor compete for the new class of sub- Punaro, U.S. Marine Corps. shown by the military leaders, particu- Mr. President, the bill before the larly those of the Joint Chiefs, who tes- marines. We struck, in our committee—with Senate goes a long way towards ensur- tified before the Armed Services Com- the cooperation of the distinguished ing that our Armed Forces will remain mittee this year during the course of Senator from Connecticut, a valued capable of meeting the many chal- the budget hearings. I told all of the member of our committee, and my col- lenges that lie ahead. To achieve this service chiefs—I said I did—all mem- OBB, joining me in bers of the committee joined in advis- league, Senator R goal, the committee added $12.9 billion this effort—a compromise as part of ing these chiefs that their challenge is to the Clinton administration’s budget the 1996 defense authorization bill, to ensure that their successors 10 years request and concentrated the addi- which provided for construction of the hence will have the forces and the tional funding in the vital moderniza- first 4 new attack submarines at two— equipment they will need to protect tion accounts. not one—shipyards—namely, that in President Clinton’s request of $254.4 our Nation’s interests. It was clear from their testimony Groton, CT and that in Newport News, billion represented an $18.6 billion real VA—with a competition for the fifth that the budget submitted by President decline in defense spending from the and remaining boats in the class. Clinton was not adequate to meet this fiscal year 1996 appropriated level. Over Unfortunately, the administration the past decade, Mr. President—I want challenge. In fact, prior to the adminis- failed to request adequate funding to to repeat that—over the past 10 years, tration’s budget submission, the Joint execute the 1996 submarine program, the amount the United States has Chiefs, to the man, unanimously rec- largely initiated in the Senate. But spent on defense has declined by 36 per- ommended a procurement budget of $60 then once in conference, very valuable cent in real terms. Of course, that re- billion as soon as possible. Unfortu- contributions were made by my col- nately, that advice was not followed, flects adjustments for inflation. Even league, Congressman BATEMAN, and with the funding added by the Armed and the administration proposed a pro- others, on the House committee. The Services Committee, this year will curement budget of only $38.9 billion. final bill, of course, was shaped for mark the 12th straight year of declin- During the committee’s markup, the 1996, which laid out a clear course for ing defense budgets. To all of the crit- Armed Services Committee made competition between these two yards. ics, I simply say what we have done is progress in addressing this shortfall by Competition, Mr. President, has prov- not increase defense spending; we have adding almost $8 billion to the procure- en, through the decades of procure- merely slowed the rate of decline. That ment accounts. The AirLand Forces ment, to provide for the American tax- was the purpose of adding back these Subcommittee, which I am privileged payer the greatest degree of savings. It funds to the President’s budget. to chair, added over $4 billion for addi- was imperative that this competition I was particularly concerned with the tional tactical aircraft, upgrades to ex- be put in this very large program, envi- inadequate funding of the procurement isting aircraft, precision guided muni- sioned to exceed perhaps over $50 bil- accounts contained in the President’s tions, tank upgrades, new attack and lion in the next 20 years or so. budget. Despite last year’s promises scout helicopters, new radios, jeeps, The bill before the Senate today cor- that a modernization ramp up would night vision devices, and other critical rects this problem by providing both begin in 1997, procurement funding con- equipment. These addition will not cor- funding and directive language to en- tinued a dramatic decline. We are al- rect all of the modernization shortfalls, sure that the shipbuilding compromise ready at a 40-year low, Mr. President. but they are a step in the right direc- and the competitive process mandated Not since the start of the Korean war tion. in the 1996 defense authorization bill is have we spent so little on purchasing I want to highlight one item con- adhered to by the administration. new weapons for the men and women of tained in this bill that is very impor- Mr. President, before the Senate is a the Armed Forces today and, also, Mr. tant to me, and has been for many, fine bill. I am proud to join my col- President, future generations. many years, beginning with my service leagues on the committee—and I think May I give a few examples. as Under Secretary of the Navy in the everyone in the U.S. Senate—in ac- Ten years ago, fiscal year 1986, the year 1969, through my service as sec- knowledging that our military is sec- United States of America purchased 840 retary in 1972 on into 1974, which is the ond to none worldwide. We need no less new tanks. This year no new tanks are U.S. Navy submarine program. Today, than to carry out the very heavy re- requested. Russia, in my judgment, is putting a sponsibilities of this Nation in terms of Ten years ago, in 1986, the United disproportionately large amount of its world role of leadership—not world States purchased almost 400 new tac- their defense spending toward their role of policeman, but world role of tical aircraft. This year only 34 new military assets beneath the seas of the leadership—if we are to remain the tactical aircraft were requested. world. It is incumbent upon the United world’s most powerful Nation in terms Ten years ago, Mr. President, we pur- States of America, in every respect, to of leadership on security matters. We chased 40 new ships for the U.S. Navy. not only maintain the force we have must be willing to provide adequate This year only 6 new ships were re- today, but to modernize that force in funding today for our troops and to- quested. the face of a determined effort by Rus- morrow in the form of procurement for

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6382 CONGRESSIONAL RECORD — SENATE June 18, 1996 modern weapons. This bill accom- Sinai, and now in Bosnia, we could also it takes to win decisively. It means plishes that goal. conceivably find ourselves facing the they take fewer casualties. It means Mr. President, I salute, once again, threat of all-out North Korean aggres- they survive the battles and come the distinguished chairman of the com- sion, or renewed aggression by Saddam home to their loved ones. mittee, Mr. THURMOND of South Caro- Hussein. Both represent very real General Eisenhower once noted that, lina, and the distinguished ranking threats to our national security inter- ‘‘If asked to capture a village defended member, Mr. NUNN of Georgia. ests, and both demonstrate the in- by a battalion, I would send a division Mr. President, I yield the floor. creased risk we face when we dissipate and I would take the village without (Mr. ASHCROFT assumed the chair.) our military strength through involve- casualties.’’ That is what having suffi- Mr. THURMOND. I wish to commend ment in operations such as Bosnia and cient military capability means—ac- the able Senator from Virginia for the Haiti, which do not represent clear na- complishing the mission with as few fine contribution he has made to this tional security interests. casualties as possible. This has always debate. Mr. President, none of us wants to been the hallmark of U.S. military op- Mr. WARNER. I thank my colleague. think of this scenario, but it is not in- erations. We have as Americans pre- Mr. THURMOND. Mr. President, I conceivable. In depending on our ferred to expend firepower and re- yield to the able Senator from Texas, a slimmed-down forces to meet these sources—not personnel. valuable member of the Armed Serv- very real and terrible threats, we must As a member of the Armed Services ices Committee, such time as she may have an expectation that our men and Committee I have often gone on record require. women in uniform can meet that with my concerns over the speed of the The PRESIDING OFFICER. The Sen- threat if we provide the support that current drawdown and the implications ator from Texas is recognized. they need. for our national security. The current Mrs. HUTCHISON. I, too, want to The success in Operation Desert force structure simply does not meet thank the Senator from South Carolina Storm demonstrated the unequaled ca- our national security requirements. for the leadership he has given to the pabilities of our military. Even after By further stretching our resources committee and his strong and endur- the post-cold-war drawdown our Army, to participate in Bosnia operations I ing, never-flagging support for the Navy, Air Force, and Marines remained am afraid that we could soon be faced military of our country. the best trained, the best led and the with the painful reality of just how Mr. President, the post-cold-war era most formidable fighting forces in the much this drawdown has affected our has brought about tremendous changes world. But that superb quality could be military. President Bush, Secretary in our security environment. The ab- at risk. If we do not make the correct Cheney and General Powell proposed sence of great power confrontation is strategic decisions today we will reap what they termed the ‘‘base force.’’ the peace dividend we have received as the sad rewards 5 to 10 years from now. President Clinton’s current force is re- a result of our military investments in Our responsibility in this Congress is ferred to as the ‘‘Bottom-Up Review the 1980’s. While the end of the cold to minimize the risk. I am personally force.’’ It is significantly smaller than war changed the strategic environ- committed to that goal. Before we send the Bush plan. The stated goal of both ment, serious threats remain. For just soldiers into harm’s way, whether it be forces is to be able to prevail in two as soon as we paused in our celebration a Desert Storm, or a Somalia, or a major regional conflicts, and it is re- over the fall of the Berlin Wall, Sad- Haiti, or a Bosnia, it is our responsi- ferred to as the ‘‘two MRC require- dam Hussein dashed all illusions that bility here in Congress to ensure that ment.’’ The main difference between this new era meant an end to the re- our military personnel are provided the the two is that under the base force we quirement for a strong military capa- equipment and training they deserve. would be capable of winning under the bility. While the President is the Com- base force. We would be capable of win- Shaping our military forces to meet mander in Chief, under our Constitu- ning two simultaneous major regional existing and future challenges requires tion our Founding Fathers established conflicts. But under the Bottom-Up Re- strong leadership, strong leadership by a primary role for Congress. Our view force we could prevail in winning the Congress and the President to- Founding Fathers decided that the two near simultaneous major regional gether, to make sure that we have a Congress would have the sole ability to conflicts. The difference between those military that will keep the freedom declare war, the power to make regula- two terms, Mr. President, is as vast as that we so enjoy. tions of the land and naval forces, the an ocean. As we reduce our military forces to power to call forth the militia, to raise First, what does ‘‘near simulta- the lowest level since just prior to the and support the Army and the Navy, neous’’ mean? Is it a week? Is it 6 outbreak of World War II, we must re- the power to provide for organizing, months? Will we have 9 months to main mindful that the threats we face arming and disciplining the military. build up from a nonmilitary or security are global in nature and that the train- When Congress deliberates and con- deployment of our troops? Under the ing requirements of a smaller military siders executive branch judgments on base force it was assumed that some must be even more rigorous to retain military policy, we are fulfilling our forces would be engaged in operations readiness. constitutional responsibility. other than war, or peacekeeping such Mr. President, I am very concerned I continue to have strong reserva- as we have in Bosnia. These forces that continuing cuts in defense spend- tions about whether or not we are pro- would not be in the calculation for win- ing will leave us with a military force viding enough to enhance our military ning two major regional conflicts be- structure that lacks the manpower and capability. While the major provisions cause the combat skills of any military materiel to defend the United States of this bill go a long way toward ad- unit degrade when they are not train- and our vital interests. This would be dressing some of the serious defense ing for their primary mission. Rather disastrous, not only for the United shortfalls, I believe serious weaknesses than send troops into a combat situa- States, but certainly for our allies and remain which have not been adequately tion for which they might be woefully for peace and stability in the world. We addressed. unprepared they were excluded from need to keep in mind that our national As we try to achieve an elusive peace the two MRC calculations. security assumptions are based on the dividend we do so at the expense of our So what we are saying is under the capability of our drastically downsized military capability. We have cut too base force that was put forward by military forces to fight and win two far too fast and too deep. Based on the President Bush these operations other major regional conflicts. We do not threats we face today we still need a than war would not count toward our know from where the threats will come strong military capability. goal of winning two major regional in the future. But the magnitude of the How do you define sufficient capa- conflicts simultaneously. But the Bot- challenge we have set forth for our bility, and what does having this capa- tom-Up Review force under President military force is discernible from re- bility mean for our men and women in Clinton removes that cushion. General cent history. battle? To soldiers, sailors, airmen, or Shalikashvili said in testimony before In addition to forces currently de- marines in harm’s way sufficient mili- the Senate Armed Services Committee ployed in Haiti, northern Iraq, the tary capability means they have what that if one major regional conflict

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6383 arises, forces performing operations one of the most poignant and beautiful decisions that will protect the people other than war will have to be with- experiences that I believe I have ever who live in our country and will pro- drawn in order to go to a second major had. tect those who are protecting our free- regional conflict. It is a real tribute to those valiant dom anywhere in the world in any the- Mr. President, that is a vast dif- warriors. Now as we consider the 1997 ater from coming into harm’s way if we ference from what the base force that defense authorization bill, we should can prevent it. President Bush envisioned would be ca- reflect not only on those who died in Mr. President, those are the decisions pable of doing. That takes away the Korea but on the lesson that we should we are making with this bill. I hope we ability to have simultaneous conflicts have learned from that war. One of the can sit down with the President to that we would win, and says nearly si- finest books written about that Korean make sure we are doing what is right multaneous because we would have to war is ‘‘This Kind of War: a Study in for our troops in the field today, for rush out and retrain troops that were Unpreparedness,’’ by T.R. Fehrenbach, the protection of freedom today, and to in an operation other than war because a fellow Texan and close friend of make sure we will not wake up 5 or 10 they are not trained and ready for com- mine. As an infantry commander, he years from now and realize that we bat when they are performing humani- experienced the conflict from a unique have allowed another task force Smith; tarian or peacekeeping missions. vantage point, and his book, first pub- that we did not do what we needed to We have a large force in Bosnia lished in 1962, remains in print today. I do in terms of the strategic thinking today. We have sent an entire Army di- commend this book to my colleagues necessary to make sure we were not vision plus support troops to Bosnia to- because what Mr. Fehrenbach is saying vulnerable to any kind of attack from taling 20,000 personnel with 5,000 at is we must always have a trained and any source in the world. least in Croatia and Macedonia and ready field force, that whatever we try I commend the Senator from South with thousands more supporting this to do from the air is not going to win Carolina for his leadership. I yield the operation from Hungary, Italy, Ger- a war and we are not going to protect floor. many, the Mediterranean and the our freedom throughout civilization if Mr. THURMOND addressed the Chair. United States. This deployment is said we do not have the ability to go into The PRESIDING OFFICER. The Sen- to last for a year, and during that time the field, and place soldiers on the ator from South Carolina. we are not able to have our troops in ground, well equipped and well trained. Mr. THURMOND. I wish to commend training for their combat missions. The Mr. President, what we are talking the able Senator from Texas for the ex- Bosnian deployment will cost us bil- about today is making sure we have it cellent remarks she has made on this lions of dollars in unprogrammed con- all—that we have the technology, that bill. She has made a fine contribution tingency defense expenditures in addi- we have the airlift and the sealift that to this debate. tion to the billions that we know it will allow us to take that very last Mr. President, I suggest the absence will cost up front. The military serv- step, which is placing our troops on the of a quorum. ices could have to deplete vital train- ground. We are talking about having The PRESIDING OFFICER. The ing accounts to pay for these un- the training and arming our troops clerk will call the roll. planned operations. who must capture hold that ground The legislative clerk proceeded to As a member of the Armed Services while at the same time that we are call the roll. Committee I am alarmed by the cuts making sure we have all of the stra- Mr. THURMOND. Mr. President, I that I see being contemplated in our tegic and technological advances which ask unanimous consent that the order Armed Forces. In my view, many of the would keep them from having to go in for the quorum call be rescinded. reductions which have occurred in the the first place. But if we must send our The PRESIDING OFFICER. Without past 5 years have seriously undermined forces, we want them to have all of the objection, it is so ordered. the capability to support a national de- protections we can give them. So we fense strategy in which we must be pre- need the technology; we need the f pared to fight and prevail in two major equipment; we need the personnel; and RECESS regional conflicts simultaneously. In we need the training. That is what we fact, I feel very strongly, Mr. Presi- are talking about in this bill today. Mr. THURMOND. Mr. President, I dent, that in rapidly reducing our We are having a major conflict with now ask unanimous consent the Senate Armed Forces from 2.1 to 1.4 million we the President and the Congress on just stand in recess until 2:15. have already reduced their size to a what we need in terms of military ca- There being no objection, the Senate, level that is inadequate to meet our pability. Congress is trying to get the at 12:25 p.m., recessed until 2:15 p.m.; needs, and we can reduce no further. military spending up so that we will whereupon, the Senate reassembled When General Sullivan, the former not have a hollow force, so that we will when called to order by the Presiding Chief of Staff of the Army, assumed his be able to win two major regional con- Officer (Mr. COATS). position his watchword as the draw- flicts simultaneously, because that is The PRESIDING OFFICER. The Sen- down began was no more Task Force what a ready force is, and so that we ator from Mississippi is recognized. Smiths. He was referring, of course, to will be able to prevail in two major re- Mr. COCHRAN. Mr. President, I sug- the task force commanded by Lt. Col. gional conflicts quickly and with the gest the absence of a quorum. Bradley Smith which was rushed into fewest possible casualties. The PRESIDING OFFICER. The battle in Korea in July 1950 to counter That is our goal, and that is why clerk will call the roll. the North Korean attack. This coura- Congress wants to spend $10 billion The legislative clerk proceeded to geous American force was sent into more than the President wants to call the roll. battle outgunned, ill-equipped, and ill- spend to make sure that when the Mr. LOTT. Mr. President, I ask unan- prepared, and was quickly and easily troops are in the field they are trained imous consent that the order for the overrun by the Soviet-equipped North and equipped, to make sure they have quorum call be rescinded. Korean force. At the time Americans the air cover they need, to make sure The PRESIDING OFFICER (Mr. were shocked to learn that the same they have the equipment they need to KEMPTHORNE). Without objection, it is military which defeated the Japanese protect them if they are in the field, so ordered. and the German armies 5 years before and to make sure our shores are pro- f had so quickly become a hollow force. tected from any kind of incoming bal- Last summer, our Nation dedicated a listic missile, which we now know 32 NATIONAL DEFENSE AUTHORIZA- memorial to those who fought in the countries in the world have the capa- TION ACT FOR FISCAL YEAR 1997 Korean war. That honor was long over- bility to produce and someday soon The Senate continued with the con- due. My husband served in the Navy send to our shores. We even have sideration of the bill. during this time. He and I went to see groups that are not countries with that Mr. LOTT. Mr. President, we are the Korean monument. And I am going capability. And with open borders, we working with the Democratic leader to tell you that visiting the monument could be vulnerable if we do not do and trying to get agreements on how to our veterans of the Korean war is what is right and make the strategic we can proceed on this bill and other

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6384 CONGRESSIONAL RECORD — SENATE June 18, 1996 issues. For the information of all Sen- It would be the intention of the lead- Senator DASCHLE and I are joined in ators, the Democratic leader and I have ership that we go ahead and take these the cosponsorship of this resolution by been negotiating on the minimum wage amendments up and try to get agree- Senator HUTCHISON, Senator MOSELEY- issue since Friday of last week. This ment on a time where votes would be BRAUN, Senator GRAMM, Senator Senator believes that we are making agreed to. Perhaps, even, we would HELMS, Senator FAIRCLOTH, and Sen- good progress and may yet today be stack some of them at a time certain. ator D’AMATO. I hope Senators during able to reach an agreement that would We will notify the Members as soon as today, if they have an opportunity, or satisfy all Senators. we can get that agreed to. later on this afternoon, and would like With that in mind, I will now outline At this time, we would like the com- to speak on this issue, that they will the agreement that we have been dis- mittee members to go ahead and pro- feel free to do so. cussing. The agreement is as follows: ceed with the DOD bill and amend- Mr. President, my State of Mis- On Monday, July 8, at a time to be de- ments that are ready to go. sissippi was gravely wounded last termined later, the Senate would begin With that, Mr. President, I turn the night. consideration of H.R. 3448, the House- floor back over to the distinguished Two churches burned in Kossuth, a passed minimum wage bill, which also chairman of the committee. small town in the northeast corner of contains the small business taxes, and The PRESIDING OFFICER. The Sen- our State. The Mount Pleasant and the at that time Senator KENNEDY would ator from South Carolina is recognized. Central Grove Missionary Baptist offer his amendment with a 1-hour Churches were lost to flames. PRIVILEGE OF THE FLOOR time limit. The amendment would then The fires, like several others that Mr. THURMOND. Mr. President, I be laid aside, and I would offer an have hit churches elsewhere in the ask unanimous consent that Michael amendment on behalf of Senator BOND, country in recent months, were, as the Montelongo, a fellow in Senator with an hour time limit. The Senate official reports say, of suspicious ori- HUTCHISON’s office, be granted the would then vote, first on the Bond gin. privilege of the floor during the consid- amendment, to be followed by a vote In time, the truth will be uncovered. eration of S. 1745. on the Kennedy amendment. And if these fires were not accidents, if Following the two minimum wage The PRESIDING OFFICER. Without they were set by the hand of evil, then votes, the bill would then be opened to objection, it is so ordered. justice must be done. two tax-related amendments, one to be Mr. THURMOND. Mr. President, I The good people of Kossuth will re- offered by each leader and debated sep- ask unanimous consent that Comdr. build their churches. arately and limited to 2 hours of debate Thomas Vecchiolla, a Navy fellow in Bill Dillworth, a deputy sheriff and a each. I want to emphasize again that Senator COHEN’s office, be granted the deacon at Mount Pleasant Church, af- this has not been agreed to, but this is privilege of the floor for the duration firmed, ‘‘We will always survive. You an outline of what we are talking of the debate on the fiscal year 1997 na- look to the Lord at times like this. He about. tional defense authorization bill. will be your guide.’’ It seems to me this is a fair agree- The PRESIDING OFFICER. Without I hope that same spirit prevails in ment; that it also offers a date specific objection, it is so ordered. the meeting President Clinton has that we would take these issues up and Mr. THURMOND. Mr. President, I scheduled for tomorrow with several of act on them. If the Democratic leader suggest the absence of a quorum. the Nation’s Governors, to discuss is optimistic some agreement along The PRESIDING OFFICER. The ways to combat church arsons. these lines can be reached, then it clerk will call the roll. It will not help the situation to turn would be my intention to ask unani- The bill clerk proceeded to call the these tragedies into a racial or regional mous consent that no minimum wage roll. issue. Attacks on churches and syna- amendments be in order during today’s Mr. LOTT. Mr. President, I ask unan- gogues are attacks on religion itself. session in order to make progress on imous consent that the order for the James Glassman’s column in today’s the DOD bill while negotiations are on- quorum call be rescinded. Washington Post lays out the sad sta- going with respect to this minimum The PRESIDING OFFICER. Without tistics. The Bureau of Alcohol, Tobacco wage issue. objection, it is so ordered. and Firearms has investigated 123 UNANIMOUS-CONSENT AGREEMENT Mr. LOTT. Mr. President, Senator church burnings over the last 5 years. Mr. LOTT. I understand the Demo- GRASSLEY, I believe, will be here mo- Of those, 38 have been at black church- cratic leader has no objection to this, mentarily. I believe that Senator es. and therefore I ask unanimous consent BINGAMAN is here ready to go. Attacks of any kind against any of that no minimum wage amendments be I see Senator GRASSLEY is on the our places of worship should unite in order during the remainder of the floor. We will be ready to go momen- Americans in outrage and in resolve. session of the Senate today, Tuesday, tarily. That is why, early this year, a coali- tion of pro-family organizations—the June 18, 1996. f The PRESIDING OFFICER. Without Christian Coalition, Eagle Forum, objection, it is so ordered. CHURCH BURNINGS Family Research Council, and others— Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. Mr. President, I ask unan- publicly appealed for action to protect imous consent that the committee imous consent that the Senate proceed churches—all churches. amendments be set aside until the to the immediate consideration of Sen- In response to their petition, the close of business today. ate Resolution 265, submitted earlier House Judiciary Committee held hear- The PRESIDING OFFICER. Is there today by myself, the Democratic leader ings in May. And the Christian Coali- objection? Without objection, it is so and others. tion offered a $25,000 reward for infor- ordered. The PRESIDING OFFICER. The mation leading to the arrest and con- Mr. LOTT. There was no objection clerk will report. viction of a church-burner. heard? Those were constructive steps in the The assistant legislative clerk read The PRESIDING OFFICER. There right direction. was no objection. as follows: Perhaps additional legislation is Mr. LOTT. Senator GRASSLEY has A resolution (S. Res. 265) relating to needed to make it easier for Federal one on infrastructure; Senator BINGA- church burnings. prosecutors to intervene in cases of MAN has one on ASAT; Senators SIMP- The PRESIDING OFFICER. Is there church burnings. SON and THOMAS have one with regard objection to the immediate consider- On the other hand, perhaps the ad- to a Wyoming project; Senator FORD, ation of the resolution? ministration should take a closer look DOD/DOE chemical munitions. We are There being no objection, the Senate at the extraordinary powers to protect not asking at this time for any time proceeded to consider the resolution. churches which congress gave the Jus- agreement on these amendments, but Mr. LOTT. Mr. President, this Senate tice Department 2 years ago in the these Members and amendments are resolution condemns the arson and clinic access bill. ready to go. We need to get started on other acts of desecration against That legislation, designed to protect the amendment process. churches and other houses of worship. only abortion clinics, was expanded, at

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6385 the insistence of Senator HATCH and passage as soon as possible, without through the worst days of slavery and other Republican Members of the amendment, and send it to the Presi- suffering will carry them through now. House and Senate, to apply to religious dent for his signature. Already God is at work opening the institutions as well. Taking this action should serve no- hearts of Americans all across the Na- To date, however, the administration tice on all concerned that this kind of tion who are helping rebuild these has failed to use its powers under that conduct will not be tolerated in our so- houses of worship. legislation to deal with attacks on ciety, and those who engage in this ter- These random acts of kindness show churches. I urge the Attorney General rorism will be caught and they will be America will not move back to a time to rethink her Department’s approach. punished. of fear, ignorance, and prejudice. We I urge the President, as well, to Mr. KEMPTHORNE. Mr. President, I will move forward to a world of racial rethink the approach he and some oth- am proud to cosponsor this resolution and religious tolerance, acceptance, ers associated with him have taken to- by Senator MOSELEY-BRAUN and Sen- and respect. ward religious institutions, and in par- ator LOTT which places the Senate All Americans are entitled to the ticular, toward their role in public af- firmly on record against the recent in- right to worship their God. Let us fairs. cidents of church burnings in our renew our faith and remember what a Every time Americans are denounced Southern States. privilege it is to freely be able to prac- as extremists for standing up for their Church burning is religious persecu- tice our religion according to the dic- religious beliefs, every time persons of tion at its worst. It denies Americans tates of our own conscience. This reso- faith are stigmatized for intruding their right to worship their God as lution recognizes and reenforces that their values into politics, it becomes they see fit. right. I fully support it and want it to easier for those who wish evil to actu- Our Southern States are witnessing pass. ally do evil. the worst number of black church Mr. DASCHLE. Mr. President, my That evil is all of one piece, whether bombings and fires since the 1960’s civil heart goes out to the victims of the re- it is a wooden church aflame in rural rights era. Mount Zion AME Church in cent rash of church burnings. Like so Mississippi or a synagogue defaced in Greeleyville, SC, was burned to the many Americans, I have watched with California or a cathedral disrupted in ground last year by an arsonist. Church great dismay and real sadness as one New York City. bombings are occurring in Virginia, after another African-American house For persons of faith, those buildings Tennessee, North Carolina, South of worship has gone up in flames. There are more than places we visit regu- Carolina, Georgia, Alabama, Mis- have been at least 35 fires of suspicious larly. They are extensions of our own sissippi, Louisiana, and Texas. For well origin at these churches in the last 18 homes. over 18 months, communities in these months. As a nation, we will not tol- Whoever raised a hateful hand States have been held hostage by cow- erate this attack on African-Americans against our homes in Mississippi last ardly and intolerant individuals and their right to exercise their reli- night is going to learn an important threatening their inalienable right to gion freely and in peace. I know that lesson. pray and praise. This is simply unac- the vast majority of Americans joins Along with the entire Nation, they ceptable. America is a land of tolera- with us today in condemning these acts will learn that the faithful people there tion and acceptance; not of prejudice of destruction and recognizing that we are like the three young men of Israel and fear. cannot allow a small number of hate- who were cast into the fiery furnace. What do these criminals hate that filled people to derail the progress we The raging flames could not harm makes them act so miserably? If their have made toward ending racial dis- them, and they were brought forth ra- goal is racial prejudice, they should crimination and intolerance. diant with the protection of their God. think again. Burning a church is not We have seen in recent years the de- I am glad we are able to get this just a crime against people of different struction of well over 100 houses of unanimous-consent agreement on this ethnic origins. It is an attack on the worship serving people of different resolution. It is very important that House of God. Surely God knows and faiths and different races. This resolu- the Senate express its outrage at these will remember those who commit these tion rightfully condems all those acts churches being burned. crimes. Church arsonists are playing of destruction and desecration. Unfortunately, in my own State of with fire, the fire of judgment day. The burning of these churches— Mississippi last night, we had two inci- Regrettably, religious persecution is which constitute the heart and soul of dents in the northeastern part of the not limited to the South. Illinois citi- the communities they serve—is a na- State that are of suspicious origin. zens are waking up to crosses burning tional tragedy that requires a strong There is no way that we can tolerate in their yards. Idahoans, especially and swift response. I commend Presi- this type of activity. Idaho Mormons, have suffered as well. dent Clinton both for his moral leader- We want to express our outrage and Three years ago, on the campus of ship on this issue and his commitment also assure our colleagues that our in- Idaho State University in Pocatello, of all possible Federal resources to the tent is to take a quick, serious look at the LDS Institute was burned to the investigation and prosecution of the House-passed legislation and hope we ground. Arson was the cause. And perpetrators of these vicious crimes. I will be able to pass their bill, which that’s not the only incident. Random hope we will be able to help these Fed- provides some additional authority for acts of vandalism to the Boise and eral law enforcement efforts by passing law enforcement investigations and ac- Idaho Falls Temples, as well as to legislation introduced by Senators tivity with regard to these church and churches and seminaries unfortunately KENNEDY and FAIRCLOTH that gives other religious buildings burnings. continue today. Federal officials more tools to fight I am very pleased we have this reso- Religious persecution has no place in these terrible acts. Bringing these lution, and I am glad it was done in a Birmingham, AL, or Boise, ID. arsonists to justice must be one of our bipartisan way. Our Founding Fathers enshrined reli- highest national priorities. Mr. COCHRAN. Mr. President, I am gious freedom in the first amendment. Mr. WARNER. Mr. President, the pleased to join my State colleague and They knew worship strengthens our continued spate of burnings of African- other Senators in cosponsoring this daily lives. They knew that Americans American churches in the South is a resolution condemning recent church held, and would continue to hold, dif- national tragedy. I commend Attorney burnings and urging that all appro- fering religious convictions. They also General Reno for redoubling the efforts priate Federal authority be used to in- knew America stands for freedom and of the Department of Justice to catch vestigate these incidents and bring to that thousands of immigrants had the perpetrators of these most heinous justice those who are responsible for come to these shores seeking refuge crimes. I have also joined with Senator them. from religious persecution. FAIRCLOTH in cosponsoring legislation I suggest, in addition to passing this My prayers go out to those parish- which reiterates that burning of a bipartisan leadership resolution, that ioners whose churches have been church is a Federal crime and lowers we hold at the desk the bill that will be bombed, burned, or threatened. The the damages threshold to bring Federal passed by the House and call it up for faith that helped their forefathers enforcement.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6386 CONGRESSIONAL RECORD — SENATE June 18, 1996 One of out most precious freedoms is The resolution, with its preamble, is want to bring up the point that we to practice our religious beliefs. To as follows: ought to be saving some money in in- have that freedom abridged because of S. RES. 265 frastructure costs, but we are not. We racist acts is doubly troubling. Whereas there have been at least 156 fires ought to be saving some money in in- I know that substantial efforts have in houses of worship across the Nation since frastructure costs because it is just been made to investigate these fires. October 1991; natural that infrastructure ought to be But it is clear that more must be done Whereas there have been at least 35 fires of somewhat less as we downsize the mili- because the fires, some 30 in all over suspicious origin at churches serving Afri- tary, both from the standpoint of per- the past year and a half, keep hap- can-American communities in the last 18 months; sonnel and from the standpoint of the pening. The leadership of my Common- Whereas these churches and houses of wor- number of bases we have, and a lot of wealth is responding. The attorney ship are a vital part of the life of these com- other factors. The fact that we really general of Virginia, Jim Gilmore, was munities; are not, the point of my amendment is recently elected as chairman of the Whereas intentionally burning churches or to drive that point home, but also to southern region of the National Asso- other houses of worship is a very heinous offer a plan that will allow us to guar- ciation of Attorneys General. One of crime; Whereas intentionally burning churches, antee that when we are told that his first acts was to organize a coordi- when done to intimidate any American from money should be saved, that it is in nated effort among southern attorneys the free exercise of his or her rights as an fact saved. general to combat hate crimes such as American, is inconsistent with the first We are in a situation here, Mr. Presi- church burnings. His leadership on this amendment of the United States Constitu- dent, where from a political standpoint issue will bring results, and I commend tion, which guarantees every American the we ought to have the votes to accom- him and the organization for taking right to the free exercise of his or her reli- plish what I want to accomplish. I do this action. gion, and which ensures that Americans can not anticipate that we do. I anticipate Everybody concerned with the rash freely and peaceably assemble together; and, Whereas intentionally burning churches, that we are in a long process of edu- of church burnings wants to know when done to intimidate any American from cating the people of this country and whether these crimes are the work of the free exercise of his or her rights, is a se- the Members of this body to the fact of an organized group or isolated in- rious national problem that must be expedi- what I have already stated, that if we stances of violence. I hope that the ef- tiously and vigorously addressed: Now, are going to close bases to save money, forts of the State attorneys general therefore, be it somewhere we ought to be able to show and of the Department of Justice will Resolved, That— the American people that here is X answer this question. Just as impor- (1) the Senate condemns arson and other acts of desecration against churches and numbers of dollars we saved. Because tantly, I hope that whomever is com- other houses of worship as being totally in- that is what we were told would hap- mitting these horrible crimes will see consistent with fundamental American val- pen; if we closed bases, we would save that law enforcement across the coun- ues; and money. But we have had even experts try is committed to solving and pre- (2) The Senate believes investigation and like the General Accounting Office venting these despicable acts. Even one prosecution of those who are responsible for audit to identify the savings, and they instance of church arson is too many— fires at churches or other houses of worship, have issued reports that it is not saved. to have dozens of church burnings is a and especially any incidents of arson whose But we are also in a political envi- purpose is to divide communities or to in- ronment here where—in past years, it crisis that must be solved. timidate any Americans, should be a high Unfortunately, as disturbing as these national priority. has been very easy for us to make some cases of arson are, they are not the points on saving money from the Mr. LOTT. Mr. President, I ask unan- only instances of racist violence in- standpoint of my being a conservative imous consent that Senator COCHRAN’s truding on the right to worship. Yes- Republican. Leading the efforts to cut name be added as a cosponsor of this terday, a church in Charles County, the defense budget or to save money, I Senate resolution. VA, was defaced with racist words and The PRESIDING OFFICER. Without would almost have the full support of symbols. The Mount Zion Baptist objection, it is so ordered. Members on the Democratic side of the Church has served the Charles City Mr. LOTT. Mr. President, I yield the aisle because they were generally of community since 1812 and is cele- floor. the opinion that Republican Presidents brating its 100th year at its present lo- were spending too much on defense, cation. f even wasting money on defense, so fis- Now the Federal Government cannot NATIONAL DEFENSE AUTHORIZA- cally minded Republicans, joining to- protect every church in America. I TION ACT FOR FISCAL YEAR 1997 gether with Democrats, would have hope, however, that by finding and The Senate continued with the con- enough votes to actually win the battle prosecuting arsonists and by encour- sideration of the bill. and to save the taxpayers money. aging law enforcement efforts such as Mr. GRASSLEY addressed the Chair. But now we have a political situation those led by Attorney General Gilmore, The PRESIDING OFFICER. The Sen- in the last 3 years where we have a the Federal authorities can make a dif- ator from Iowa is recognized. Democrat President and a Republican ference in protecting America’s houses AMENDMENT NO. 4047 Congress, and we find people on the of worship. (Purpose: To freeze at the level programmed Democratic side of the aisle, even The wife of the pastor of Mount Zion for fiscal year 1998 the amount that may be though that President may be spending Baptist Church was quoted that the expended for infrastructure programs of money above and beyond the level he church will survive this racist incident. the Department of Defense in order to in- should be doing it as Commander in She said that the ‘‘membership is just crease funding for force modernization) Chief, they seem to be in a position going to bind closer together.’’ I wish Mr. GRASSLEY. My purpose for ris- where they want to get behind their them well, and my thoughts go out to ing is to introduce an amendment. I am President even if they might disagree all who have suffered at the hands of not going to send the amendment to with him on the amount of money he is cowardly attacks on our churches. the desk quite yet. Also, I inform the spending. So we have a divided Demo- Mr. LOTT. Mr. President, I ask unan- leadership on both sides of the aisle cratic Party more so than usual on the imous consent that the resolution and that I do not have any intention of issue of saving defense money. the preamble be agreed to; that the speaking for an extra long period of As is typical on this side of the aisle, motion to reconsider be laid upon the time. But before I agree to a time my Republican side of the aisle, it table; and that any statements relating limit, I want to make some opening re- seems that there is a willingness just thereto be printed in the RECORD at the marks in regard to my amendment. to give more money to defense because appropriate place as if read. After that, I will have an opportunity somehow by giving more money you The PRESIDING OFFICER. Without to sit down and probably work some- get more defense. objection, it is so ordered. thing out with the leadership on the The point that I try to drive home so The resolution (S. Res. 265) was time. often to my colleagues and I think it is agreed to. Mr. President, we are at a point in legitimate; and I am speaking now just The preamble was agreed to. the defense authorization bill where I about people in this body who consider

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6387 themselves conservative; and for the extra money then is in the bill before reforms that go on within the Defense most part those are people who are also us as a result of the decision that we Department that can be done without registered as Republicans and elected made on the budget resolution and also actually passing the legislation. to this body as Republicans—is that we the decision of the Senate Armed Serv- We have had a host of defense re- are constantly admonishing the other ices Committee to go to the maximum forms, one after the other. But there side of the aisle, for decades, that you allowed under the budget resolution. tends to be a big gap between promises cannot solve in the typical way liberals Most of this money is for moderniza- and reality. None of these reforms have like to solve problems, throwing money tion of our military capabilities. But, worked completely as advertised. We at those problems, and somehow just sadly, an analysis of the bill shows do not get all of the desired impact by spending more money on a lot of so- that $12 billion does not buy much at that we want to have. cial problems, you actually solve those the Pentagon. That should come as no Some could even been classified as problems; and we would always say, surprise to people who have been bureaucratic tricks to cover for busi- ‘‘Well, you know, it’s not how much watching the defense budget and how ness as usual. It all leads up to the fact money you spend, but it’s how you the Defense Department has operated that what the Department of Defense spend it, and how you invest it, wheth- over a long, long period of time. It does needs to do is to find a new way of er or not you’re going to get your mon- not come as any surprise to me. doing business—a completely new way ey’s worth.’’ The money has been spread around in of doing business, a new attitude, a We do not seem to have the same so many different areas that all we end new culture there. But, in fact, we real- caution on this side of the aisle when it up with is a few bits and pieces. If you ly never really get the complete comes to money for defense. We seem would take the key area of combat air- changes that ought to be made so that to take the attitude that if you just craft as an example, this is what we we get our money’s worth when we put put more money in the defense budget, get. We get six extra F–18’s, two extra additional money in for modernization, give more money to the Pentagon, AV–8B’s, four extra F–16’s. That is it, or anything else. somehow you are just automatically 12 more fighters. The military needs to If we do not get this fundamental re- going to have more defense. buy hundreds of fighters each year to form, I think we still have to say, as I raise this argument more so at the modernize the force. The other areas good as our Armed Forces are, how level of adopting the budget as opposed are not much better. We do get a few much better they could be, how much to the defense authorization bill. I sup- extra missiles, a few extra transports, more we would get for our investment pose that is really a better place to a few extra helicopters. But I might of money if these reforms would really make that generic argument about say that we do not get one extra ship happen. We are talking about changing more money for defense or less money for the Navy, as an example. a basic culture. To do that, you need for defense. But I think it is legiti- Now, all of this added together, I sup- new ideas and new strategies. Most im- mate, when we are dealing with a very pose somebody is going to make a case portantly, you need a disciplined man- specific item like infrastructure costs, that it is absolutely needed and it is agement. You have to find ways to and particularly when we were told going to improve and modernize our make reforms work—and work now, not later—not in the year 2001. over the last several years that if we military considerably. But it seems to So I am suggesting in the amend- close bases we ought to save money, me that when you see exactly what we ment, which I will deposit at the desk get, then it is not even a reasonable and if we cut down on the number of shortly, a way of making sure that we downpayment on modernization. And personnel in the Defense Department get real modernization with the sav- $12 billion—of course, when you look at we ought to save money, that after a ings that we are supposed to get from what this bill has for a total expendi- few years of that argument, you ought infrastructure savings. We have al- ture for a year—happens to be peanuts to be able to look and say, ‘‘Yes. We ready had four rounds of base closures. have saved X number of dollars. Here it at the Pentagon, kind of a drop in the We have had a shrinking force. This is.’’ I would have believed it. The Gen- bucket. should mean savings in infrastructure So this brings me to a point that I eral Accounting Office expected to find accounts. The Department of Defense have hammered on for years, as I indi- it. But the reports of the General Ac- has promised these savings, but the cated, admonishing my colleagues, par- counting Office do not confirm those savings, as I have indicated, are not ticularly on the Republican side of the savings. there. So promises do not match the aisle, that throwing more money at the The point is, savings are real things. reality. You ought to be able to see them. My Department of Defense is not going to My amendment would, hopefully, amendment is geared toward the propo- solve the problem. We will never suc- make the savings real. So this is what sition that if there is going to be sav- ceed in modernizing the force structure I propose to do would accomplish that ings, we ought to know where those at these prices without fundamental goal. I will give you seven specific ob- savings are and what they ought to be reform. jectives of my amendment. used for and that, if they are going to Now, it happens that there are even The first is to seek to establish a bet- still be spent in the defense budget and outstanding members of the Armed ter balance between force structure not reduce the deficit, at least we Services Committee that have been and infrastructure costs. I will show ought to know what they buy. So that fighting a long time for fundamental you, eventually, how there is an imbal- is the basis for my amendment. reform. I want to commend my col- ance there—an imbalance that does not But I will to get into more detail leagues for fighting for fundamental make sense to me, but it is still an im- about my amendment, more specifics reform. I think that fundamental re- balance. in just a moment. I want to remind my form is very, very important to make Second, this balance would be colleagues of the debate we had on sure that whatever extra money we brought about and achieved by freezing April 15 in this body. It was a very ex- spend—including the $250-some-billion the infrastructure budget at the fiscal cellent debate on what the size of the we are going to spend—is invested year 1998 level of $145 billion. The defense budget should be. At that wisely and we get the most bang for freeze would save $10 billion in fiscal point, the budget resolution we had be- the buck. But it seems to me that the year 1998 to the year 2001. fore us had already added in an extra reform ought to go ahead of the addi- Fourth, the Secretary of Defense $12 billion to the budget for defense. tional $12 billion. would transfer the savings to the pro- That is $12 billion over and above what We have had some types of reform curement accounts to pay for mod- the President had recommended that over the last 15 years. But, again, we ernization. This is the key, then, to we spend on defense. I opposed that think we make some dramatic getting money from savings that we move. I opposed it by offering an changes—what we feel are dramatic ought to be able to account for and get amendment to cut back most of that changes—in the way the Defense De- it into modernization, not into over- money. The vote was 57 to 42 against partment does business. After you look head. That ought to be going down; in- what I was trying to accomplish. back at it, you really do not see the stead, it is going up. The majority rules in this body, and changes come about that we had hoped The fifth point is that key readiness I am willing to accept it. But all that for when we passed the reforms or the accounts would be protected. That

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6388 CONGRESSIONAL RECORD — SENATE June 18, 1996 would be like for spare parts, training, exist. The General Accounting Office struction planning and design, real property and a lot of other things like that. just audited those accounts. You can- maintenance, base operating support, real Sixth, the savings would be reflected not find any savings. The savings have estate management for active and reserve in the future years’ defense program evaporated into thin air. bases, family housing and bachelor housing, submitted to Congress next year so Mr. President, earlier this year, on supply operations, base closure activities, and environmental programs. that we would be able to know what it April 25, I spoke about the General Ac- was and to see it and to have it ac- counting Office report on this subject. Acquisition infrastructure consists of all program elements that support program counted for. What I said then I am going to repeat management, program offices, and produc- Seventh, we would have the Comp- now. Anybody can read that. It is enti- tion support, including acquisition head- troller General review and verify the tled, ‘‘Defense Infrastructure: Budget quarters, science and technology, and test savings, so we have somebody outside Estimates for 1996–2001 Offer Little and evaluation resources. This category in- of the Defense Department, with no Savings for Modernization.’’ It was cludes earlier levels of research and develop- vested interest, verifying what Defense published on April 4, just 2 months ago. ment, including basic research, exploratory does, in the sense of just the account- Unfortunately, it was based on the fis- development, and advanced development. ing, or being accountable for the cal year 1996 future year defense pro- Central logistics consists of programs that money, and not micromanaging any- gram publication. provide support to centrally managed logis- thing that the Secretary of Defense The fiscal year 1996 future year de- tics organizations, including the manage- might do. fense program was submitted to Con- ment of material, operation of supply sys- tems, maintenance activities, material Now, what is going to be strange to gress over a year ago. So I suppose to the managers of this bill—both Repub- transportation, base operations and support, some extent, as things move very rap- communications, and minor construction. lican and Democrat—is that I see my idly, it is somewhat out of date. It is at This category also includes program ele- goals being 100 percent consistent with least a year old. I thought I should ments that provide resources for com- the Department of Defense plans. So have more current data. I thought that missaries and military exchange operations. you take what they say they want to the Pentagon bureaucrats might have Central training consists of program ele- do, which, as I have indicated, is not been able to get their act together ments that provide resources for virtually being done, and make sure that it is since last year. Maybe they succeeded all non-unit training, including training for done. It seems to me that if there is in getting infrastructure costs on the new personnel, aviation and flight training, anyplace for the Congress of the United right track. I think we could legiti- military academies, officer training corps, States to be involved in some detail of other college commissioning programs, and mately surmise that they should have officer and enlisted training schools. the Defense Department’s work, it is done that. nothing more than to make sure that So not being able to get this informa- Central medical consists of programs that they do what they say they are going furnish funding, equipment, and personnel tion, I wrote to Mr. Bowsher on May 10 that provide medical care to active military to do, what they report to us they are of this year asking him to provide me going to do, to kind of make their per- personnel, dependents, and retirees. Activi- the updated information drawn from ties provide for all patient care, except for formance in office commensurate with the fiscal year 1997 future year defense that provided by medical units that are part their rhetoric. That’s making them ac- plan. I thank Mr. Bowsher and his ex- of direct support units. Activities include countable. That is perfectly consistent pert staff, including Mr. Bill Crocker, medical training, management of the med- with constitutional oversight functions for working so hard and to turn around ical system, and support of medical installa- of the Congress of the United States. my request in less than 2 weeks. That tions. This DOD plan was presented to the is pretty fast even for a responsible or- Central personnel consists of all programs Armed Services Committee as recently ganization like the General Accounting that provide for the recruiting of new per- as March 5, 1996. At that time, Sec- sonnel and the management and support of Office. It must be a record. dependent schools, community, youth, and retary of Defense Perry testified that I have the General Accounting Of- $10 billion in savings from base closings family centers, and child development ac- fice’s brandnew report right here with tivities. Other programs supporting per- would be used to pay for moderniza- me. It is entitled, ‘‘Defense Infrastruc- tion. A very distinguished member of sonnel include permanent change of station ture: Cost Projected To Increase Be- costs, personnel in transit, civilian disability the Armed Services Committee who tween 1997 and 2001.’’ This is dated May compensation, veterans education assist- was just here—and I suppose he is 1996. ance, and other miscellaneous personnel sup- going to speak on my amendment. I am Before I get started, I think it is im- port activities. glad to have him engage in this debate. portant to define infrastructure cost. Command, control, and communications But we know this very distinguished This is the money that DOD spends to consists of programs that manage all aspects member as a person who is a real hero house, train, and support the Armed of the command, control, and communica- for the defense of our country as well Forces and keep them ready to go. The tions infrastructure for DOD facilities, infor- as being a very good Senator, John mation support services, mapping and chart- General Accounting Office has provided ing products, and security support. This cat- MCCAIN. I am going to say he also a brief description in this publication agrees. He may stand up here shortly egory includes program elements that pro- of each category of infrastructure vide nontactical telephone services, the Gen- and say that he disagrees, but at least costs. The General Accounting Office eral Defense Intelligence Program and I want to give my version of that. has also provided a table that shows cryptological activities, the Global Posi- He has said that there is a gross im- how infrastructure costs are spread tioning System, and support of air traffic balance between our military forces across the various appropriations ac- control facilities. and the infrastructure. He says we need counts. Force management consists of all pro- to eliminate excess infrastructure, we I ask unanimous consent to have grams that provide funding, equipment, and need to save money. He has a white that material printed in the RECORD. personnel for the management and operation paper on our national defense. That is There being no objection, the mate- of all the major military command head- the way I interpret it. There is just one quarters activities. Force management also rial was ordered to be printed in the includes program elements that provide re- minor problem on what the Secretary RECORD, as follows: of Defense said on March 5 of this year sources for defense-wide departmental head- CATEGORIES OF DEFENSE INFRASTRUCTURE quarters, management of international pro- when he was going to take this $10 bil- Installation support consists of activities grams, support to other defense organiza- lion in savings from the base closings that furnish funding, equipment, and per- tions and federal government agencies, secu- and use it for modernization. The sav- sonnel to provide facilities from which de- rity investigate services, public affairs ac- ings promised by Mr. Perry do not fense forces operate. Activities include con- tivities, and criminal and judicial activities. TABLE 2.—DIRECT INFRASTRUCTURE BY APPROPRIATION, FISCAL YEARS 1997–2001 [Dollars in billions]

Fiscal year— Appropriation 1997 1998 1999 2000 2001

Operation and maintenance ...... $56.30 $56.17 $56.41 $57.57 $59.50

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Fiscal year— Appropriation 1997 1998 1999 2000 2001

Military personnel ...... 33.53 33.10 33.67 34.33 35.20 Research, development, test, and evaluation ...... 10.47 10.89 11.20 11.43 11.89 Military construction ...... 4.99 4.15 4.15 3.84 3.96 Family housing ...... 3.98 3.84 4.08 4.08 4.12 Procurement ...... 2.38 2.53 3.48 3.21 3.46 Revolving funds and other 1 ...... 0.93 1.11 1.06 1.13 1.17 Total direct infrastructure 2 ...... $112.58 $111.80 $114.05 $115.61 $119.30 1 These include adjustments for foreign currency fluctuations and service and Defense Logistics Agency managed stock fund cash requirements. 2 Totals may not add due to rounding. Source: GAO analysis of DOS data.

AGENCY COMMENTS cal year 1997. It dips by $1 billion to numbers, but they are not. We should The data and analysis in this report were $145 billion in 1998, but then it goes be able to identify where the savings provided to DOD for review and comment. In right back up to $148 billion in 1999; $2 are. I do not expect to see any savings. oral comments, DOD stated the data were billion more in the year 2000. Then it complete and accurate with the analysis. We will not ever see those savings un- leaps by $5 billion to $155 billion in the SCOPE AND METHODOLOGY less we hold the Department’s feet to To define and evaluate DOD’s infrastruc- year 2001. That is a projected increase the fire. of $9 billion over the next 5 years. If ture activities in the 1997 FYDP, we inter- A comparison of the numbers in the viewed the acting Director, Force and Infra- Congress keeps pumping up the defense structure Analysis Division in the Office of budget, these numbers will increase fiscal year 1996 future year defense plan the Secretary of Defense, Program Analysis even more. with the numbers in the 1997 future and Evaluation. Our analyses are based on The data portrayed on table 1 of this year defense plan suggests that instal- data contained in the fiscal year 1997 FYDP. new General Accounting Office report lation support figures on table 1 are In addition to the FYDP and associated an- is particularly troublesome. misleading. That comparison reveals a nexes, we reviewed DOD’s Reference Manual I also ask unanimous consent at this shocking trend. That comparison sug- for Defense Mission Categories, Infrastruc- point to have table 1 printed in the ture Categories, and Program Elements, pre- gests that base support costs will actu- RECORD. ally increase by $1 billion per year be- pared in conjunction with the Institute for There being no objection, the mate- Defense Analysis. We also reviewed the tween the years 1997 and the year 2001. President’s fiscal year 1997 budget submis- rial was ordered to be printed in the sion and our prior reports. RECORD, as follows: Take fiscal year 1997 just for exam- Our work was conducted during the month ple. The fiscal year 1997 column in the of May 1996 in accordance with generally ac- TABLE 1.—PROJECTED FUNDING FOR INFRASTRUCTURE 1996 future year defense plan shows in- cepted government auditing standards. CATEGORIES, FISCAL YEARS 1997–2001 stallation costs at $23.96 billion. Mr. GRASSLEY. I wish I could say, [In billions of dollars] Mr. President, that the Department of Then if you go over to the fiscal year Defense has turned the corner. I wish I FY FY FY FY FY 1997 column, in the the 1997 future year Infrastructure categories 1997 1998 1999 2000 2001 could report that infrastructure costs defense plan, the number goes up to were coming down. But the latest re- Installation support...... 25.10 23.64 22.68 22.53 23.03 $25.1 billion. That is an increase of $1.14 Central training...... 19.35 19.40 20.08 20.71 21.46 port of the General Accounting Office Central medical...... 15.47 15.82 16.13 16.64 17.38 billion in 1 year in projected installa- tells me that nothing has changed Central logistics...... 13.33 13.30 14.18 14.15 14.70 tion support. The next year it is the Force management...... 12.91 12.38 13.05 13.12 13.35 since the last future year defense plan, Acquisition infrastructure 10.25 10.64 10.97 11.19 11.76 same thing. The number goes from meaning 1996. The trends have to be Central personnel...... 10.33 10.24 10.41 10.60 10.83 $22.76 billion up to $23.64 billion, and Central command, con- the same. The Pentagon still has infra- trol, and communica- that is an increase of $900 million. structure costs on the wrong track. tions ...... 5.78 5.84 6.05 6.05 6.20 Resource adjustments 1 .. .05 .53 .50 .62 .58 I need to clarify one point about the They are still on an up-ramp instead of Total direct infrastruc- numbers. The numbers on the table on a down-ramp. This is what the new ture 2 ...... 112.58 111.80 114.05 115.61 119.30 that I have submitted for the RECORD data show. As the Department of De- 1 These include adjustments for foreign currency fluctuations and service do not match up with the totals for the fense budget top line goes up, infra- and Defense Logistics Agency managed stock fund cash requirements. 2 Totals may not add due to rounding. infrastructure costs that I used a mo- structure costs go up. Infrastructure Source: GAO analysis of DOD data. costs should come down even if the top ment ago, and there is a reason for As shown in figure 3 and table 2, most di- line goes up. The infrastructure costs that discrepancy. About $35 billion in rect infrastructure activities are funded by infrastructure costs get lost in what we ought to be decoupled from the top operation and maintenance and military per- line. The infrastructure costs need to sonnel appropriations. Thus, if DOD is to refer to as DBOF—that stands for De- be recoupled to the force structure be- achieve significant infrastructure savings for fense business operation fund—each cause that is what Secretary Perry future force modernization, the savings must year. We know the money is in there says is his intent. come from these accounts. However, these someplace, but the General Accounting The infrastructure costs in the mili- appropriations have been closely associated Office cannot track it because dollars tary force structures are not in sync. with the readiness and quality-of-life of the in the Defense business operation fund They are out of whack. We need to force, the Secretary of Defense’s priority areas for the last few years. are not identified in the future year de- bring them back into balance. As I read fense program. what Senator MCCAIN has written in Mr. GRASSLEY. Mr. President, this his white paper, he says that is what table breaks the infrastructure costs And so I think it is very ironic be- we must do as well. But that is not into nine distinct categories. The new cause DBOF was established to im- what has happened. The Department of General Accounting Office data shows prove cost accounting at the Pentagon. Defense seems to be creating new infra- major increases in every category, with In fact, that was the whole idea about structure faster than the old stuff is one important exception, and that DBOF. Here is $35 billion in annual made excess. would be installation support. Even in- DOD costs that cannot be tracked be- That is what this new data tells us. stallation support shows increases in cause of the Defense business operation This is its new data that the General the outyears. The four BRAC commis- fund. We cannot audit them because of Accounting Office has followed for 1 sions proposed closing 97 bases. Yet, in- the fund. The fund is an obstacle to ac- year that was not available until the stallation support costs are projected curate cost accounting. General Accounting Office updated it. to rise. I think it is legitimate to ask It shows a steady increase in the infra- why. Is it because few, if any, of those There is yet another problem. That structure costs for fiscal year 1997 bases have really been closed? problem is that the Department of De- through fiscal year 2001. The downstream savings promised by fense had a $4 billion plug figure in last I want to repeat. There is a very base closings and a shrinking force year’s numbers, and they pulled it out steady increase from $146 billion in fis- structure should be reflected in these of the new future year defense plan,

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6390 CONGRESSIONAL RECORD — SENATE June 18, 1996 making it look as if some of the fund- Mr. GRASSLEY. Mr. President, I ask Mr. THURMOND addressed the Chair. ing levels were coming down. The De- unanimous consent that reading of the The PRESIDING OFFICER. The Sen- partment of Defense said the $4 billion amendment be dispensed with. ator from South Carolina. that was plugged in for last year was The PRESIDING OFFICER. Without Mr. THURMOND. Mr. President, I miscoded. The miscoded dollars were objection, it is so ordered. should like to inquire of the distin- pulled out of the infrastructure costs The amendment is as follows: guished Senator if he is willing to and, in a sense, just heaved overboard. At the end of subtitle A of title X add the enter into a time agreement on this I suppose somebody could say they following: amendment? were transferred to another part of the SEC. . FORCE MODERNIZATION FUNDED BY RE- Mr. GRASSLEY. You propose one, DUCTIONS IN SPENDING FOR INFRA- future year defense plan, but if they STRUCTURE PROGRAMS. and then I will respond after it is pro- cannot be tracked, no one knows. (a) FUNDING FREEZE AT PROGRAMMED posed. That makes me think they are kind LEVEL FOR FISCAL YEAR 1998.—The Secretary Mr. THURMOND. I would suggest of phony numbers. of Defense shall ensure that the total maybe 20 minutes to a side. In a nutshell, Mr. President, that is amount expended for infrastructure pro- Mr. GRASSLEY. Yes. what is in this latest report of the Gen- grams for each of fiscal years 1998 through Mr. THURMOND. Is that agreeable? eral Accounting Office on defense in- 2001 does not exceed $145,000,000,000. Mr. GRASSLEY. Yes, that is agree- (b) USE OF SAVINGS FOR FORCE MODERNIZA- frastructure. I hope my colleagues will able. TION.—The Secretary of Defense shall take take this as I have referred to it for the actions necessary to program for pro- Mr. THURMOND. Mr. President, I several minutes here, taking statistics curement for force modernization for the fis- ask unanimous consent that the time from it, to make a case for my amend- cal years referred to in subsection (a) the on the Grassley amendment be limited ment that I will offer. amount of the savings in expenditures for in- to 40 minutes equally divided in the This latest report, I think, states for frastructure programs that is derived from usual form and that no amendments be another year that Mr. Perry’s promised actions taken to carry out that subsection. in order, and that following the use or savings are nowhere in sight. His $60 (c) PROTECTION OF PROGRAM FOR SPARE yielding back of time, the Senate pro- PARTS AND TRAINING.—In formulating the fu- ceed to vote on or in relation to the billion modernization plan then is, if ture-years defense programs to be submitted the savings are not available, hung out to Congress in fiscal year 1997 (for fiscal year amendment. to dry. It is dead in the water. 1998 and following fiscal years), fiscal year The PRESIDING OFFICER. Without And so I come here pleading with my 1998 (for fiscal year 1999 and following fiscal objection, it is so ordered. colleagues that Congress needs to help years), fiscal year 1999 (for fiscal year 2000 Mr. GRASSLEY addressed the Chair. Mr. Perry. Without a doubt, reason is and following fiscal years), and fiscal year The PRESIDING OFFICER. The Sen- on his side. 2000 (for fiscal year 2001 and following fiscal ator from Iowa. On March 5, he presented to the Con- years), the Secretary shall preserve the Mr. GRASSLEY. I say to the man- gress of the United States through the growth in programmed funding for spare ager of the bill, I would like to yield parts and training for fiscal years 1998 Armed Services Committee that there through 2001 that is provided in the future- the floor now and listen to the opposi- is going to be x amount of savings, and years defense program that was submitted to tion to my amendment before I speak this is the resource for modernization. Congress in fiscal year 1996. again. That all makes sense, right? But is it (d) REDUCTIONS TO BE SHOWN IN FISCAL Mr. THURMOND. As I understand, going to happen? With an increase in YEAR 1998 FUTURE-YEARS DEFENSE PRO- the Senator is willing to agree to 40 infrastructure costs and overhead, it is GRAM.—The future-years defense program minutes equally divided. going to be eaten up someplace else. submitted to Congress in fiscal year 1997 Mr. GRASSLEY. Yes. We have al- shall reflect the programming for the reduc- ready agreed to that. So I have 20 min- The modernization that we think we tion in expenditures for infrastructure pro- are planning on being there is not grams that is necessary to carry out sub- utes that I control and you have 20 going to materialize. In fact, at the be- section (a) and the programming for force minutes that you control. ginning of my time today I pointed out modernization that is required by subsection Mr. THURMOND. That is correct. how little we actually get for mod- (b). Mr. GRASSLEY. If the Senator ernization when you look at the mate- (e) GAO REVIEW OF FISCAL YEAR 1998 FU- would be so kind, I would like to have riel that is purchased. TURE-YEARS DEFENSE PROGRAM.—The Comp- him use some of his 20 minutes so I can So I cannot come here and condemn troller General shall review the future-years hear the opposition to my amendment, defense program referred to in subsection (c) and then I would like to respond to Mr. Perry for not having good intent and, not later than May 1, 1997, submit to and a plan that he thinks will accom- Congress a report regarding compliance with that. plish what he wants to accomplish. But that subsection. The report shall include a Mr. THURMOND. I will be glad to it just is not going to happen. So my discussion of the extent, if any, to which the speak at this time. amendment would make sure that compliance is deficient or cannot be The PRESIDING OFFICER. The Sen- money finds its way into moderniza- ascertained. ator from South Carolina. tion and not into this overhead and in- (f) INFRASTRUCTURE PROGRAMS DEFINED.— Mr. THURMOND. Mr. President, I For the purposes of this section, infrastruc- frastructure cost where it is going to rise in strong opposition to this amend- ture programs are programs of the Depart- ment. If the Senate votes to pass this inevitably end up because four rounds ment of Defense that are composed of activi- of base closings and a shrinking force ties that provide support services for mission provision and it is eventually signed structure should be producing substan- programs of the Department of Defense and into law, it could have a serious nega- tial savings. Because it should be pro- operate primarily from fixed locations. In- tive impact on the readiness of our ducing substantial savings, we ought to frastructure programs include program ele- military forces. identify those savings and reserve ments in the following categories: Like my good friend, the Senator (1) Acquisition infrastructure. from Iowa, I am concerned about the them for the purpose that Mr. Perry (2) Installation support. suggested. He wants to recover those (3) Central command, control, and commu- amount of money that the Department savings to pay for modernization. And nications. of Defense annually expends for infra- so unless we freeze these accounts, the (4) Force management. structure. In fact, the Defense author- savings are going to be frittered away (5) Central logistics. ization bill that we are considering (6) Central medical. now and is before us, reduces such pro- on new infrastructure projects. My (7) Central personnel. amendment will help Mr. Perry do (8) Central training. grams by approximately $600 million what he says must be done. (9) Resource adjustments for foreign cur- and allocates these funds for higher I send my amendment to the desk rency fluctuations and Defense Logistics priority programs including force mod- and ask for its immediate consider- Agency managed stock fund cash require- ernization. ation. ments. Mr. President, I believe that we (g) FUTURE—YEARS DEFENSE PROGRAM DE- The PRESIDING OFFICER (Mr. should carefully examine any reduc- FINED.—As used in this section, the term ‘‘fu- THOMPSON). The clerk will report. ture-years defense program’’ means the fu- tion that is proposed in order to ensure The legislative clerk read as follows: ture-years defense program submitted to that we do not adversely impact our The Senator from Iowa [Mr. GRASSLEY] Congress pursuant to section 221 of title 10, military forces. I am sure that my fel- proposes an amendment numbered 4047. United States Code. low Senators will agree with me when

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6391 I say that we do not want to jeopardize this GAO report, points out clearly million for the High Frequency Active our national security or the men and that there are not going to be savings. Aural Research Program. This program women in uniform who protect that se- In fact, according to this GAO study— has benefited from congressional add- curity. which I must say needs to be fleshed ons since 1990, costing a total of $76 With this in mind, I must inform my out, I am sure my colleague from Iowa million in just 7 years, with another colleagues that the proposed amend- would agree—it shows there is going to $115 million required. We continue to ment could force severe funding reduc- be an increase in cost. purchase B–2 bombers. In this bill we tions to important programs such as Just one example of that, one of the included an additional $759 million in the medical care of military personnel, clear reasons for that, is the base clos- the National Guard and Reserve equip- military housing, and military intel- ing issue. We believed for a long time ment account, plus as much as $242 ligence activities. Are we sure we can there would be enormous savings asso- million in additional unrequested reduce these programs without nega- ciated with base closures. Those bases equipment earmarked for the Guard tively impacting upon military readi- needed to be closed. More need to be and Reserve in the regular service pro- ness? closed. But the fact is we are not real- curement accounts. Within this Does the Senator from Iowa really izing those savings. In fact, the oppo- amount is $284 million for six believe that we should reduce such pro- site has been the case. Rather than sell unrequested C–140J aircraft for the grams? Does he want to deny health the valuable land on which these bases Guard and Reserve, a tactical airlift care to our men and women in uni- reside, we give it away to the local aircraft that the Air Force has not yet form? Does he want to force the fami- community. We are finding more and been able to afford. lies of military personnel to live in more toxic waste sites and areas of pol- Mr. President, the list goes on and we substandard housing? Mr. President, I lution that need to be cleaned up, and are spending money that we should not cannot speak for every Member of this anyone who has ever had any contact spend. We have lost sight of the funda- Chamber, but I know that I cannot sup- with that issue knows that the costs mental reason why we spend money on port such reductions. rapidly spiral in a dramatic fashion defense, and that is to defend the secu- Mr. President, I agree with the Sen- when you are talking about cleanups. rity of the Nation. ator from Iowa that we must look for In fact, as the Senator from Iowa I strongly suggest to my friend from new and innovative management prac- points out, these costs have been much Iowa that there are different ways of tices in order to find ways to shift higher, much, much higher than we doing this. I look forward to working funds from the infrastructure accounts had originally estimated. with him on this. I will have a couple to the modernization accounts. How- The Senator from Iowa was kind of amendments that I hope will impose ever, we must be sure that the shifting enough to make reference to the white some savings. I am told there will be of such funds does not significantly im- paper that I did concerning tiered read- some additional military construction pair military readiness. Reducing funds iness, and this GAO report and his projects which will be attempted to be for unnecessary infrastructure is a amendment highlight the absolute added to the bill here on the floor. I task which the Armed Services Com- criticality of making the kind of hard hope my colleague from Iowa will help mittee performs each year during its choices which we are not making today me in trying to defeat those, although markup of the Defense Authorization because there is no possible way we are Act and, as I have already noted, this I am not totally optimistic about going to maintain the level of readi- year we reduced such funds by $600 mil- chances of success. ness, operations, and training of our But, as I oppose the amendment, I lion. In addition, the bill before us Armed Forces and at the same time thank my colleague from Iowa because today includes a provision that would modernize the force. require the Department to examine the fact is that the American people We have a Hobson’s choice, because are losing confidence that their tax new ways of maintaining its forces in the money simply is not there and, as order to further reduce funding re- dollars that are earmarked for defense the Senator from Iowa correctly points quired for day-to-day operations, and are being spent wisely. If that contin- out, much less money is there than make these funds available for force ued erosion reaches its logical conclu- even we had envisioned. The Chairman modernization. sion, sooner or later we are going to Mr. President, I cannot advocate, nor of the Joint Chiefs of Staff has stated reach a point where the American peo- agree to support, an arbitrary cut such on numerous occasions that we need ple will not support sufficient funding as that advocated by this amendment. about $60 billion for the purchase of to meet our vital national security in- We must preserve the flexibility of the modernization. We have, the last num- terests. President and the Secretary of Defense ber I saw, was about $30 billion. Mr. President, how much time do I Having said all those things, I still to request what they believe is nec- have remaining? have to disagree with this amendment. essary to ensure our national security. The PRESIDING OFFICER. Nine If the Congress disagrees with this re- One reason is because of its scope. For minutes twenty seconds. quest, it can authorize and appropriate example, the amendment calls for re- Mr. MCCAIN. Mr. President, I reserve a different mix of funding. ductions in spending for such programs the remainder of my time. Mr. President, I urge my fellow Sen- as health care, personnel, and training. Mr. GRASSLEY addressed the Chair. ators to vote ‘‘no’’ on the Grassley I do not see how you can impose arbi- The PRESIDING OFFICER. The Sen- amendment. trary cuts on those programs. One of ator from Iowa. Mr. President, I now yield to the able the aspects that we are most proud of Mr. GRASSLEY. Mr. President, I Senator from Arizona, Senator in the military today is the quality of yield myself 10 minutes. MCCAIN. life, that is, the quality of young men First of all, I accept Senator The PRESIDING OFFICER. The Sen- and women that we have been able to MCCAIN’s offer to work with him on ator from Arizona. attract and keep in the military. I am this issue, because I am very impressed Mr. MCCAIN. Mr. President, I thank not sure that we could maintain that if with the intent of his white paper and the Senator from Iowa who continues we just, across the board, forced cer- his first-hand knowledge of the mili- to be a persistent, constructive critic tain cuts without designating where tary, being the military hero that he is of defense issues, especially in the area they should be. and serving our country so well and of spending. I think this GAO report is I want to emphasize that I believe we being on the Armed Services Com- a good one and should have a sobering are spending money in ways that are mittee and his expertise in that area. effect on our defense planners, who really not appropriate. In this year’s So whether my amendment is adopted somehow believe and support a precept bill we added some $600 million in mili- or not, I accept the offer to work with that I have long questioned, and that is tary construction that was not needed. Senator MCCAIN. that base closings and other savings We add two new oceanographic ships I would, first of all, like to respond to are going to support the modernization for $99.4 million. We have added $13 some specific points both Senator of the force. million to fund a new bureaucracy in THURMOND and Senator MCCAIN raised, The Senator from Iowa, I think, the case of civilian research in ocean- but also to give an example from mili- through his efforts, and also that of ography. We are going to add on $15 tary persons themselves about what

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6392 CONGRESSIONAL RECORD — SENATE June 18, 1996 needs to be done about infrastructure That is a major general who said that is all the time I have, but I think costs and his frustration that infra- that. what General Sheehan says is very im- structure costs have not gone down. Opponents of my amendment say it is portant. First of all, on the legitimacy of going to put certain aspects, like readi- General Sheehan has hit the nail on questioning whether my amendment is ness and training and command and the head, and this is his main argu- going to hurt funding for command and control and medical treatment, in jeop- ment: control and for medical support, it will ardy. Here is a major general who says not, but it seems to me, without my what we are doing now, if we maintain Bloated staff organizations have created a demand for personnel that can starve saying it, common sense ought to dic- the status quo, is putting our force warfighting units into hollowness. tate that a shrinking force structure structure at risk. Of course, he is talk- and fewer military bases should reduce ing about the Department of Defense A hollow fighting unit like we had in command and control and medical re- infrastructure. This is what General the late 1970’s, in other words. quirements. Sheehan had to say: Bloated command staffs and head- My amendment would, in fact, just There is a debate that’s being formed right quarters are an outgrowth of top-heavy freeze; it would not reduce. It would re- now, where the only sides in the debate are rank. In other words, General Sheehan duce increases, yes, but there are no modernization versus force structure. . . is saying, we have excess admirals and cuts that come as a result of my He says: generals, and each one needs a home, amendment. Increasing infrastructure My argument says we ought to take a very and every senior officer needs a com- costs are inconsistent with the philos- serious top-down look at the overhead costs mand, a headquarters, a base, a staff, ophy behind the base closure process. of doing business. or a large department of some kind, My amendment would hold the Depart- He asked: somewhere, someplace to look over. ment of Defense infrastructure costs at Why do we have so many headquarters? Of Take the Navy, for example. At the $145 billion per year. Now, remember, what value are they? height of World War II, the Navy had this is, as we are, in a process of clos- The general has identified one of the 6,768 ships. Those 6,768 ships were com- ing bases and reducing the number of big drivers in infrastructure costs, and manded by 333 admirals. That is one personnel connected with defense. he has identified them as excess head- admiral for about 20 ships. Today’s 363- It seems to me that the Department quarters and excess commands. Gen- ship Navy is commanded by 218 admi- of Defense needs to address the critical eral Sheehan says: rals. That is almost one admiral for shortfalls and allocate money to meet We have too many excess headquarters and every ship. To be precise, it is one and the highest priorities within the infra- too many commands. two-thirds ships per admiral. structure accounts. At this point in the So he has put his finger on one of the General Sheehan is wrestling with base closure process and at this point root causes of the problem. this problem, and doing it from the in the reduction of personnel, infra- He pinpoints the problem, and I want standpoint of a person serving his structure should not be on the rise. to quote from his report. He says: country, in uniform, on the line where We need to make sure that we elimi- There are 199 DOD staff organizations of the money is being spent—or should we nate the excess infrastructure and that two-star level or above, and the number has say, on the line where the money is we save the money that Secretary not changed since 1989. being wasted. Perry promised, not just for the sake of I say, parenthetically, that is about He told the audience that he is saving money, but Secretary Perry the time the Berlin Wall came down. searching for technical solutions to the says that is money that we are going to His 1989 benchmark is important be- problems of swollen staff organiza- use for modernization. If it goes to in- cause the force has shrunk 30 to 40 per- tions. This is what he had to say: frastructure costs, which are going up, cent since that time. So, headquarters it is not going to go for modernization. should shrink as the force gets smaller, What is needed are systems that can help It was also suggested that my amend- but headquarters are not shrinking. reduce the overhead costs for commanding ment might harm training and readi- As an example, he cited the U.S. large forces. With all this technology and ness, but very specifically I want to ad- Army in Europe with its 23 staff eche- smarts running around, why aren’t we more efficient? dress that issue. Subsection (C) of my lons to command only 65,000 soldiers. amendment specifically protects key He also cited the U.S. Southern Com- That is a question that every Senator readiness accounts, including training mand as another example of a top- ought to ask before he votes for this and spare parts. heavy organization. bill. I now want to refer to some remarks General Sheehan raised this provoca- In other words, General Sheehan has that were made by Marine Maj. Gen. tive question: made an excellent case for cutting in- John Sheehan. He is the commander in Why is it, for example, that you have frastructure costs. chief of the U.S. Atlantic Command. I SOUTHCOM with 770 officers commanding The military today is top-heavy with think he made some very pertinent re- less than 4,000 men? rank and staff organizations and com- marks, a person in the military, a per- Mr. President, I say to my col- mand headquarters left over from the son in command who views how the leagues, listen to what General cold war. That is the official word from taxpayers’ dollars are being used every Sheehan says: the commander of the United States day. If you do not want to listen to a Why is it that you have SOUTHCOM with Atlantic Command. That is a pretty civilian’s point of view, like the Sen- 770 officers commanding less than 4,000 peo- good authority. ple? ator from Iowa has a civilian point of General Sheehan has clearly identi- view, it seems to me that we ought to He goes on to say: fied the culprit. He obviously under- pay some attention to those who are in There are still 65 NATO headquarters with stands the problem. And he is also frus- the military, because General Sheehan over 21,000 staff officers sitting around doing paperwork. That’s more staff officers than trated by his inability to get rid of his offers some very real insight. own excess command fat. His insights were given at a June 6 two NATO nations have in land forces. breakfast hosted by the Association of We have more people doing paper- We know that the Department of De- the U.S. Army’s Institute for Land work than two NATO nations have in fense cannot do it, so we need to help Warfare. I have excerpts of his com- their land forces. them. So if you vote for my amend- ments from a trade journal called In- So you have to ask yourself. ment, you will help General Sheehan side the Pentagon. It was in the June General Sheehan says— do what he says he sees is necessary to 13 issue, page 20. . . . of $1.79 billion we invest in NATO on get more bang for their defense dollar. In a nutshell, this is what General burdensharing, why is $800 million of that He put it this way: just for infrastructure? Sheehan said: Nobody likes to cut their own staff. The PRESIDING OFFICER. The Sen- The overflow of staff organizations within He goes on to say: the Department of Defense consumes too ator’s 10 minutes have expired. many personnel and resources and puts the Mr. GRASSLEY. Mr. President, I I’ve never seen a butcher hand a pig a force structure at risk. yield myself 10 more minutes. I know cleaver and say, ‘‘Go make pork chops.’’

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6393 So Congress needs to lend a helping a butcher hand a pig a cleaver and say, ‘Go The PRESIDING OFFICER. Without hand to people like General Sheehan. make pork chops.’’’ objection, it is so ordered. Mr. President, I ask unanimous con- Sheehan appealed to the assembled audi- ence to help find technical solutions to the PRIVILEGE OF THE FLOOR sent to have this report about General problem of swollen staff organizations. What Mr. DORGAN. Mr. President, I ask Sheehan’s speech printed in the is needed, he said, are systems that can help unanimous consent that Delila Lacevic RECORD, the article from Inside the reduce the overhead costs for commanding be accorded the privileges of the floor Pentagon. large forces. ‘‘With all this technology and during the pendency of the defense au- There being no objection, the report smarts running around, why aren’t we more thorization bill. She is employed with efficient?’’ was ordered to be printed in the the Center for Democracy and is work- RECORD, as follows: As he has in the past, Sheehan levelled similar criticism against the NATO com- ing as a staff fellow in my office. [From Inside the Pentagon, June 13, 1996] mand structure. In addition to his respon- The PRESIDING OFFICER. Without ATLANTIC COMMANDER CRITICIZES PROFUSION sibilities as U.S. Atlantic Command chief, objection, it is so ordered. OF STAFF ORGANIZATIONS Sheehan serves simultaneously as Supreme Mr. DORGAN. Mr. President, I rise to (By Douglas Berenson) Allied Commander of NATO’s Atlantic Com- offer an amendment on my behalf and mand. ‘‘As a major NATO commander, my Marine Corps Gen. John Sheehan, com- on behalf of Senators LEAHY, HARKIN, mander-in-chief of the U.S. Atlantic Com- main complaint against my NATO allies is and BUMPERS. mand; last week decried the profusion of that many of these countries took their staff organizations within the Department of force structure out and took a peace divi- AMENDMENT NO. 4048 Defense, arguing they consume too many dend without reinvesting in the future. [But] (Purpose: To reduce to the level requested by personnel and resources, and therefore put at they didn’t take the overhead out . . . the President the amount authorized to be risk already strained force structure. ‘‘There are still 65 NATO headquarters, appropriated for research, development, Sheehan, who has previously targeted the with over 21,000 staff officers sitting around test, and evaluation for national missile top-heavy command structure of the NATO doing paperwork,’’ Sheehan continued. defense) ‘‘That’s more staff officers than two NATO alliance (Inside the Pentagon, Sept. 21, 1995, Mr. DORGAN. Mr. President, I send pl), offered his remarks at a June 6 breakfast nations have land forces. And so you ask yourself, of $1.79 billion we invest in NATO an amendment to the desk and ask for hosted by the Association of the U.S. Army’s its immediate consideration. Institute for Land Warfare. on a burdensharing basis, why is $800 million ‘‘There is a debate that’s being formed of that just in infrastructure?’’ The PRESIDING OFFICER. The right now, where the only sides are in the de- Mr. GRASSLEY. Mr. President, I clerk will report. bate [are] modernization versus force struc- yield the floor and reserve the balance The legislative clerk read as follows: ture. My argument says we ought to take a of my time. I inquire of the amount of The Senator from North Dakota [Mr. DOR- very serious top-down look at the overhead time I have left versus the amount of GAN], for himself, Mr. LEAHY, Mr. HARKIN, costs of doing business. Why do we have so time that the opposition has. and Mr. BUMPERS, proposes an amendment many headquarters? Of what value are The PRESIDING OFFICER. The Sen- numbered 4048. they?’’ Sheehan asked. ator has 6 minutes, 24 seconds. The op- On Page 31, strike out line 2 and insert in Sheehan noted that within the Department lieu thereof the following: of Defense, there are 199 staff organizations position has 9 minutes, 10 seconds. Mr. THURMOND. Mr. President, I ‘‘$9,362,542,000, of which— of two-star level of above, a number that has ‘‘(A) $508,437,000 is authorized for national not changed since 1989. As an example, he suggest the absence of a quorum. missile defense;’’. cited the fact that the U.S. Army in Europe The PRESIDING OFFICER. The has 23 staff echelons to command 65,000 sol- clerk will call the roll. Mr. DORGAN. Mr. President, if I diers. He said that U.S. Southern Command The legislative clerk proceeded to could have the attention of the Senate. offered another example of a top-heavy orga- call the roll. The PRESIDING OFFICER. The Sen- nization. ‘‘Why is it, for example, that you Mr. THURMOND. Mr. President, I ate will come to order. have SOUTHCOM [with] 770 officers com- ask unanimous consent that the order Mr. DORGAN. Mr. President, I am of- manding less than 4,000 men?’’ he wondered. for the quorum call be rescinded. fering an amendment that would re- He argued that these bloated staff organi- The PRESIDING OFFICER. Without duce, by $300 million, the amount of zations have created a demand for personnel that can starve warfighting units into hol- objection, it is so ordered. money authorized in this piece of legis- lowness. ‘‘Why is it that the Bradley fighting PRIVILEGE OF THE FLOOR lation for national missile defense. vehicle spends so much time in gunnery Mr. THURMOND. Mr. President, I For those who do not know much when you go into the field? Why is it you ask unanimous consent that Dan about this process and have not been don’t spend more time in the integration of Ciechanowski, a fellow with Senator involved in the lexicon of Defense operations of the rifle unit coming out the KYL, be granted floor privileges for the issues, the national missile defense, or back [of the Bradley]? It’s because of this duration of the consideration of the Defend America, or antiballistic mis- process,’’ Sheehan said, noting that Bradley DOD authorization bill. sile system, or Star Wars, all relates to infantry squads are often fielded at lower The PRESIDING OFFICER. Without than their optimum strength. a system that some say is needed to be Sheehan argued that the ‘‘tooth-to-tail’’ objection, it is so ordered. built in order to defend America ratio has become badly skewed against the Mr. THURMOND. Mr. President, I against incoming attacks from missiles warfighter, such that, ‘‘we field in the entire ask unanimous consent that the vote launched by a potential adversary, Army 125,000 killers.’’ The rest of the force is occur on or in relation to the Grassley ICBM’s that would be launched by a made up of support and staff personnel, he amendment No. 4047 at 5:30 p.m., and rogue nation, or ICBM’s that are said. Sheehan warned that the staff non- following the conclusion or yielding launched accidentally. All of these are commissioned officer corps is being deci- back of time the amendment be laid described as threats to our country, mated, and that as the services focus on free- aside until 5:30 p.m. this evening. ing up money to spend on force moderniza- and it is proposed by a number of Mem- The PRESIDING OFFICER. Without bers of the Congress, and others, that tion, they are ‘‘forcing great people out of objection, it is so ordered. the system.’’ we should build a defense system Sheehan noted that Army Chief of Staff Mr. GRASSLEY. Mr. President, I against them. yield back the balance of my time on Gen. Dennis Reimer has been working to Now, if I were to provide a chart to my amendment. streamline the Army’s structure in response the Senate that showed an array of the Mr. THURMOND. Mr. President, I to these problems. ‘‘Dennis Reimer has to be threats against our country, the allowed to go after the European staff struc- yield back my time. ture. He has got to be allowed to go after the The PRESIDING OFFICER. The threats would range all over the board. SOUTHCOM staff structure and take some of amendment is laid aside until 5:30. The threats against our country would that staff structure out to keep combat ca- Mr. WARNER. Mr. President, I sug- be, for example: A terrorist who fills a pability.’’ gest the absence of a quorum. rental truck with a fertilizer bomb and Sheehan warned that ‘‘the next organiza- The PRESIDING OFFICER. The drives it in front of a courthouse or tion to go is the 2nd ACR [Armored Cavalry clerk will call the roll. Federal building in Oklahoma and Regiment]. That would be a travesty. We The legislative clerk proceeded to murders scores and scores of American need light, mobile attack type forces with a protected gun system for the battlefield of call the roll. citizens. A threat against our country the future.’’ Mr. DORGAN. Mr. President, I ask might be not a fertilizer bomb in a ‘‘Nobody likes to cut their own staff,’’ unanimous consent that the order for rental truck, but perhaps a small glass Sheehan observed, quipping, ‘‘I’ve never seen the quorum call be rescinded. vial of the deadliest biological agents

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6394 CONGRESSIONAL RECORD — SENATE June 18, 1996 known to mankind, placed in a subway Shmarov on the left and his U.S. coun- ments, so be it. We will force the other strategically, killing thousands and terpart, Secretary Perry, watering sun- parties to renegotiate.’’ thousands of people. A threat to our flowers planted in the ground where I am not coming to the floor of the country perhaps would be a suitcase there use to be a Soviet interconti- Senate saying that research and devel- bomb, or a nuclear device no bigger nental ballistic missile. In other words, opment on missile defense programs than the size of a suitcase put in the it is where there previously existed a are not relevant or unworthy. I have trunk of a Yugo car and left at a dock missile with nuclear warheads aimed at supported them in the past. I support in New York City to hold hostage an America, and there now are sunflowers them today. The administration re- entire city. Another threat might be a growing. The silo is gone, the missile is quested $508 million in this bill for re- nuclear device on the tip of an incom- gone, and there are sunflowers. search and development on national ing cruise missile launched by air, How did this happen? Was this a missile defense systems and programs. ground, or sea, by a potential adver- magic act? Was Harry Houdini in- In fact, if taxpayers are interested we sary. Another threat might be a full- volved? No. This happened through a have spent $98 billion on strategic and scale nuclear attack by an adversary, great deal of diligent, hard work. Some theater missile defense programs; $98 with dozens or scores of incoming mis- of it was here in the Senate, which ap- billion. The most recent proposal that siles, ICBM’s, or cruise missiles for proved the arms control agreements was brought to the Senate for its con- that matter. Another threat might be that were negotiated between the sideration, the Congressional Budget that some rogue nation, some inter- United States and the Soviet Union. Office says, will cost anywhere between national outlaw on the scene, gets Substantial credit, in my judgment, $30 billion and $60 billion to construct ahold of an ICBM and launches one should go to Senators LUGAR and NUNN, without regard to the cost of its oper- intercontinental ballistic missile at who worked to create the Cooperative ation. That is what it will cost simply our country tipped with a nuclear war- Threat Reduction program, which to build on an expedited basis the kind head. Or another might be simply an funds the dismantling of nuclear weap- of national missile defense that was accidental launch of someone who pos- ons in the former Soviet states. The called the Defend America Program sesses an ICBM with a nuclear war- Soviets, the Russians and Ukrainians that the sponsors envision. head. now, began destroying nuclear weap- I support the recommendation of the All of these are potential threats to ons. Pentagon to spend $508 million for re- our country. They are not new threats. That destruction of nuclear weapons search and development of a national These threats have existed for some means that one way to protect Amer- missile defense system. What I do not long while. In fact, a much greater ica is to destroy a foreign missile be- support is the Congress saying, ‘‘Pen- threat existed some years ago than the fore it leaves the silo; destroy the mis- tagon, you do not know what you are ones I have just described, and the sile before it leaves the silo. This chart talking about. We insist on adding $300 greater threat was hundreds and hun- shows what happened. There used to be million more.’’ dreds and hundreds of missiles in the a missile. Now there are sunflowers. Let me read a comment from the ground, in silos, armed with multiple What a wonderful thing for human- Vice Chiefs of Staff in the Joint Re- warheads, aimed at American cities, kind—that a missile that used to be quirements Oversight Council. It says: aimed at American military targets, aimed at us is now gone. This bit of The Joint Requirements Oversight Council all poised and ready to be fired by a po- hinge does not exist as a functional believes that with the current projected bal- tential adversary called the Soviet piece of some kind of nuclear threat listic missile threat, which shows Russia and against the United States. It is not just China as the only countries able to field a Union. threat against the U.S. homeland, the fund- missiles that Senator LUGAR and Sen- The Soviet Union does not exist any ing level for national missile defense should ator NUNN have through their initia- longer. The Soviet Union was fractured be no more than $500 million a year through into a series of independent states—the tive in the U.S. Senate helped to de- the Future Years Defense Plan. stroy. Here is a picture of Soviet work- Ukraine, Russia, and others—in which That is what the Joint Requirements ers sawing off the wings of Soviet long- there were missiles with nuclear war- Oversight Council says. One might range bombers. This is success. Arms heads targeted at the United States. argue they are not experts. I do not control agreements have worked. They But a series of arms control agree- know how one could credibly argue have substantially reduced the nuclear ments with the old Soviet Union, and that. They are the Vice Chiefs of Staff threat. We are today every day seeing now with the independent states, has of our Armed Services. But one could in the old Soviet Union—now Russia, changed that much larger threat. It make that case and try to make that Ukraine, and Kazakhstan—missiles has not erased the threat, but it has point. These are the people who ought being destroyed, bombers being de- changed the much larger threat. Arms to know, in my judgment. control agreements now mean that So- stroyed, and the world is a safer place General Shalikashvili in a letter to viet missiles that used to be aimed at as a result. Senator NUNN says the following: Some would come to the floor of the our country in many cases no longer Efforts which suggest changes to or with- exist. Senate and say, ‘‘None of this matters drawal from the ABM Treaty may jeopardize Mr. President, I showed this piece of very much.’’ The hundreds of ICBM’s Russia’s ratification of START II, and could metal on a previous occasion. I ask that are now gone do not matter much. prompt Russia to withdraw from START I. unanimous consent that I be allowed to The fact that the President of Ukraine These are the arms control agree- show it to my colleagues again. announced that his country, which had ments that resulted in taking these The PRESIDING OFFICER. Without previously housed thousands of nuclear missiles and warheads out of the objection, it is so ordered. warheads, is now nuclear free; no nu- ground and reducing the threat posed Mr. DORGAN. Mr. President, this is a clear warheads in the Ukraine is quite to the United States of America. piece from a hinge on the massive door a remarkable thing. Some would come General Shalikashvili says the fol- that covered missile silo No. 110, in to the floor of the Senate, and say, lowing. He says: Pervomaysk, Ukraine. This comes from ‘‘That does not mean much. What we I am concerned that failure of either a silo that housed an SS–19, which had need to do is begin a new arms race. We START initiative will result in Russian re- half a dozen warheads aimed at the need an America to begin building on tention of hundreds or even thousands more United States of America. Each of an expedited basis with expedited de- nuclear weapons thereby increasing both the those warheads had a yield of 550 kilo- ployment a National Missile Defense cost and the risks that we face. tons each, 20 times the power of the Program. And we insist on doing it in We will hear no doubt, especially atomic bomb dropped on Hiroshima. a way that would make it a multiple- when the Defend America Act comes I want to show my colleagues a chart site system, in a way that would pro- back to the Senate, if it does—and I that describes something that I think vide that it has a space-based compo- cast a vote on that recently. This was is quite remarkable. This is that mis- nent,’’ both of which would jeopardize a bill to potentially require $30 to $60 sile site, which housed missile No. 110. the arms control agreements we cur- billion of expenditure on the part of On June 5 of this year, this photo rently have. And they say, ‘‘Well, if we the taxpayers—just to build, not to op- shows the Ukrainian Defense Minister jeopardize those arms control agree- erate. It is not the right way in my

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6395 judgment to do it. But that was the lion, and the accelerated deployment such as a cruise missile, easier to ac- vote we had. Of course, I voted against must be combined with a multisite sys- quire and easier perhaps to operate. It cloture because, if we are going to have tem, and a space-based system that, in is much more likely that we will find a a debate on this, there ought to be a my judgment, will jeopardize most of threat other than that which they are debate. There ought to be a thorough our arms control agreements, agree- going to build the national missile de- and lengthy debate. It is of substantial ments that I think are critically im- fense system to protect our country importance for this country, its foreign portant to this country. against. Should our country be unpro- policy, its defense policy, and certainly I would say this to my friends who tected? No. We have always had protec- for the taxpayers. support this—and I have great respect tion with this understanding: every We will no doubt have comments for many who will stand up and support missile launched against our country made here—I do not intend to address this aggressively: Senator KYL has in has a return address. Every missile these at the moment, although I would the past, Senator INHOFE and others. I launched against America has a return be happy to come back and do so—that suspect the Senator from Virginia will address because we know who launches reflect the comments we heard last weigh in on this subject. I have great it. We see all launches in this world year during the same debate. We will respect for their views, but I do believe through our satellites. Should any have maps put up talking about the this. You have to make the case that country, any rogue nation, any adver- threat that North Korea could pose to spending this extra money is critically sary be foolish enough to launch a mis- Alaska, or the threat that some other necessary for our defense. I do not sile with a warhead against this coun- rogue nation would pose to Hawaii. think that case can be made, No. 1. try, that country will cease to exist Those statements are not justified by And, No. 2, you also ought to make the quickly. Our defense and our deterrent the facts. Those are not threats that case, given what we have talked has always been our ability to let ev- are currently justified by information about—the danger of the Federal defi- eryone in this world understand you given by this country’s intelligence cits and who is for more spending and launch a nuclear weapon against our community. who is for less spending—you also country, and our nuclear arsenal, the It seems to me that we ought to ought to make the case, who is going most capable in the world, will erase worry a bit about how we are spending to pay for this? Where is the $60 billion from the face of the Earth those with money, for what purpose we are spend- going to come from? that kind of judgment. ing money, and where we are going to This bill contains the first small in- That nuclear arsenal still exists, and get the money. This $300 million is the crement of $300 million, which may not I hope that we will support the amend- first incremental first step on a long seem like a lot of money to some but I ment to reduce the $300 million. We staircase. And we had a quote from think is a whole lot of money for the will still be left with $508 million, Senator Dole at a press conference. The American taxpayers to shell out when which is a substantial amount of question was asked where the money they do not need to shell it out. This is money, for research and development, was going to come from. ‘‘Senator, how a proposal that we do not need, a pro- but we will have sent a signal that we much do you think this is going to posal that we cannot afford, a proposal do not want to begin climbing the first cost, and where is that money going to the Pentagon says it does not want, step on a stairway to a $60 billion ex- come from?’’ and a proposal this country should not penditure, the justification for which The answer: ‘‘Well, I’ll leave that up adopt. It defies common sense for this has not and in my judgment cannot be to the experts.’’ Congress to say to General made at this point in this Chamber. (Mr. ABRAHAM assumed the chair.) The experts are not going to pay the Shalikashvili: It does not matter what Mr. WARNER. Mr. President, will the bill. The taxpayer will pay this bill— you think; it does not matter what you Senator yield for a question? $300 million this year, a long step on a say about arms control agreements; it Mr. DORGAN. I would be pleased to long staircase leading up to the Con- does not matter how much you want to yield. gressional Budget Office suggesting as spend. We demand you spend more on Mr. WARNER. I have followed very much as $60 billion. this because we believe this ought to be carefully his points here. As a matter In the main, this is a security issue. built on an accelerated basis. of fact, it is basically a recitation—and I accept that and agree to debate it on I say you have to make the case that I say this most respectfully—of the that premise. But it is also an issue that be done first, and I do not think points the Senator made last year. The that combines the question of security the case can be made. And second, as Senator has been consistent in his mes- with the question of, ‘‘What is it going you make that case, if you think you sage. But I was taken by his closing re- to cost?’’ Well, it is reasonable to ask: can make the case, tell us, who are you marks of the history of the relation- How much did we spend, and how much going to get to pay for this? Which ship between those nations possessing are we going to spend to get a system? taxes are you going to raise to get $60 intercontinental systems and how our What kind of protection will it provide billion? planet has thus far avoided any con- us? Mr. President, I indicated previously frontation. In North Dakota, we have some expe- we will no doubt have comments from This is a subject that I have been rience with this. We have in my State those who say there is a direct threat dealing with since 1969 when I went to the only antiballistic missile system to some States in our country from the Department of the Navy, I do not that was ever built in the free world. In this, that, or the other approach. I want to calculate how many years ago. today’s dollars, they have spent about began speaking about the array of But the Senator is absolutely right; it $26 billion. It looks a little like this. It threats to our country and let me end was the deterrence that prevented any is a big concrete pyramid. It was inci- with the same notion. If we are con- confrontation between the former So- dentally mothballed in the same year cerned about the principal threats to viet Union and the United States of that it was declared operational. That our country, it seems to me somewhere America. It was the doctrine of mass was built in the early 1970’s with bil- back on the far side of the range of destruction, mutual massive destruc- lions of taxpayers’ money spent. threats that are likely would be that a tion. But we were dealing in those I mentioned that somewhere between Mu’ammar Qadhafi acquires through days, despite our antipathy toward $96 and $98 billion was spent in the ag- some magic an intercontinental bal- communism, with governments, with gregate in pursuit of missile defense listic missile that he is able to launch military organizations that were able technology. I also said I am not op- complete with a nuclear warhead des- to grasp the reality of mutual assured posed to spending all of the money but tined for some American city. That is destruction and had a very tight com- that I am opposed to this rush to add one of the least likely threats. mand and control over every single one extra money to this defense authoriza- Far more likely a threat is an inter- of those sites. tion bill. And I will be opposed to add- national rogue, some international I should say that in the many years ing the money to the appropriations bandit on the scene who is more likely I followed this, having served on the bill as well—to demand that we have to acquire a dozen other devices, in- Intelligence Committee, there were accelerated deployment in a system cluding, if you are talking missiles, a isolated incidents where there was al- that we are told will cost up to $60 bil- much more easily acquired missile cohol involved on a site here and there.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6396 CONGRESSIONAL RECORD — SENATE June 18, 1996 We saw the occasional reports. But, any bizarre scheme I am aware of that Once you start to do that you are not fortunately, the command and control is going to protect this country against dealing with little rogue threats out was exercised so as to eliminate what I that large a threat, is that correct? there. You are not dealing with some personally regard as the prime reason Mr. WARNER. Mr. President, the international nut case who manages to for this expenditure, the accidental or Senator is correct. We do not have any- find some ICBM and then manages to unintentional firing. thing and that is in the realm of risk. find a nuclear tip to put on the top of In the former Soviet Union, the rock- I think farther down the scale than the it. Then you are dealing with the ques- et forces were the elite. Only the finest single isolated incident is either in tions of hundreds, perhaps thousands of men and, I suppose in some instances, Russia or, indeed, North Korea—they additional weapons and launchers that women were put into those units. We are rapidly approaching the potential, will be retained when they should in did not have in those days the risk that with their Taepo Dong missile, which fact have been destroyed, because we I think is present today of the acci- could reach Hawaii or Alaska. were trying to enter into arms control dental or unintentional firing. My point is the Senator is correct. agreements that really do accomplish a Quite apart from the dollars and There is a risk from the suitcase. There reduction in the threat. cents—and we could debate on into the is a risk from a berserk crew on a Ty- So, I hope—I have taken some time, night as to what the estimates are to phoon submarine. And there is a risk but I hope the Senator understands. I build the system and the time in which associated with the accidental firing of am not opposed to research and devel- it is to be done, but I cannot look into a single, or perhaps two missiles opment. I am opposed to adding, on top the faces of my fellow Americans and against the United States. of that, money that means we will run say that there is any budget or any cal- But the fact that we have a number off and buy and build and damn the culation which would induce me not to of risks does not eliminate the respon- consequences. I would listen to some support this given the horrific damage sibility of every Member of this Cham- very thoughtful people who say you are ber to apply, diligently, every resource from a single accidental firing of an going to injure the opportunities we we have in this country to stop these ICBM against a major city. Take what- have had in the past and will have in risks. ever you want as the budget to build Mr. DORGAN. I would say this to the the future, as a result of the arms con- this system. If you hit on 57th and 5th Senator, I fully accept the responsi- trol agreements. That is my major con- Avenue in New York City, it would be bility of doing the research and devel- cern. Mr. WARNER. Mr. President, I would billions and billions of dollars in prop- opment on a missile program, a na- like to reply. Let us say that the Sen- erty damage and incalculable lives. tional missile defense program of some ator and I have a disagreement on the Mr. DORGAN. Mr. President, I won- type for which there is, in this bill, $508 arms control issue. I firmly believe der if the Senator is warming up to a million—plus $300 million added by the question. committee, saying $508 million is not that we can resolve with Russia any Mr. WARNER. I am sort of on a roll enough, we want to add $300 million apprehension that they may have with here, and I rather enjoy it, but my more. I respect the obligation to be respect to the development of this sys- point is, what is your concept of a sin- doing the research and development to tem in a manner that will pose a threat gle accidental firing, a risk present be available and to be ready to deploy to them. As a matter of fact, I would today that was not present during the a system if it becomes certain that we argue it is in their interests that we height of the cold war? That is essen- need this system and conceivable we have such a system because, should a tially the purpose of this system. can build it in a cost-effective way. I missile be fired we could have some er- Mr. DORGAN. The Senator asks a am ready to do that. rors on our side, thinking a strike had good question, and I understand it well But what I am saying to the Senator been launched against us and suddenly because he set it up quite well. I say to is this. If you come to us with pro- trigger something against Russia. the Senator, you describe this in the posals that the Defense Department But let us say we have a disagree- context of a rogue nation or an inter- says threaten to undermine the arms ment on arms control. But how does national terrorist who gets hold of one control treaties that now exist that re- the Senator from North Dakota answer missile and launches one missile sult in destroying the missiles in the the question: We have no arms control against the United States. I contend ground—all the missiles are out of the with China, yet they have the capa- that it is far more likely that an inter- Ukraine at this point. bility of an accidental firing. We have national terrorist would get hold of a The fact is today—I know the Sen- no arms control with North Korea, yet suitcase and put it in a rusty Yugo on ator knows this because we have people they are within 3 or 4 years of having the dock in New York City than be able on both sides of the aisle who have en- a missile that could hit two of our to find an ICBM and launch an ICBM at gineered this, and I would say the Sen- States. What does the Senator say to the United States. The point I made at ator has been instrumental in a num- those arguments? the start of my discussion is you have ber of these areas in helping this Mr. DORGAN. The entire philosophy an array of threats against our coun- along—we are seeing adversaries’ mis- of arms control is to reduce the stock try. The one you describe is a threat, siles now being destroyed, sawed in of nuclear arms and launchers and de- there is no question about that. half, cut up. It seems to me you would vices to deliver arms that now exists Let me give you another one. How agree that the very best way to destroy and to try very hard to work on the about—— a potential adversary’s missile is to de- issue of nonproliferation of nuclear Mr. WARNER. Mr. President, if the stroy it before it leaves the ground. If arms. We must do a better job of that. Senator will—— you propose a national missile defense Do you know why? Because I think Mr. DORGAN. Let me give you a system that threatens the people are all too interested in going threat. underpinnings of our arms control off and building things. The efforts at Mr. WARNER. I am ready to concede agreements, it seems to me what you nonproliferation are not very sexy. It that you are correct. It may well be have done is add to the arsenal of is not an area that produces the same the suitcase—— weapons that are potentially going to kind of thing that a building project Mr. DORGAN. Let me continue be- be weapons against us. does. A building project, you pour con- fore you concede. You are conceding a So I am willing to walk down the crete and get something that you can small part. Let us assume a captain of road, to talk about threats and how see and everybody can say, ‘‘Look what a Typhoon submarine goes half wacko one responds to them. I am not willing, we have.’’ We ought to, in our country, somewhere out in the ocean and under any circumstances, not any, to it seems to me, take seriously this launches the entire supply of warheads do anything that I think starts to take issue of who has and who is going to on that submarine, which is 200 war- apart the arms control agreements. It have nuclear weapons and pose a threat heads, ICBM’s, sea-launched ICBM’s is not just me that says that. It is the in the future. against this country. That is a rogue Chairman of the Joint Chiefs of Staff If the Senator says it matters with threat. There is nothing proposed by and others who say this threatens to respect to China, yes, it does. Sure it anyone, that I am aware of, nothing destroy the foundation of these arms matters. It matters with respect to under any condition or any system or control agreements. North Korea, yes. It also matters with

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6397 respect to what our intelligence com- Mr. DORGAN. I will be happy to. reasonable to expect, if they attack the munity tells us about the capabilities Mr. THURMOND. Mr. President, not- United States, they would expect a re- of these countries, No. 1. I will be withstanding the previous unanimous- sponse that would annihilate the coun- happy to put that in the RECORD, be- consent request, I ask unanimous con- try sending the missile? The point is, cause we are at odds on that issue. sent that we resume consideration of that has been a deterrence that has But, second, it matters very much, it the Grassley amendment. I understand been around for sometime. I thought seems to me—it matters very much Senator GRASSLEY has agreed to have the Senator was really talking about a that this country behave in a way that the amendment voted on by a voice real outlaw, nut leader someplace out recognizes it is in our interests to have vote. I understand there is no further there in space, and now he has raised fewer nuclear weapons in the world. debate on this question. the question of China. And our arms control agreements, as The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, for the deficient as they might be—some would objection, it is so ordered. purpose of this debate, there are really want them much more aggressive— VOTE ON AMENDMENT NO. 4047 only two nations which possess inter- have started the process of doing what The PRESIDING OFFICER. The Sen- continental systems that can strike you and I might have thought unthink- ate will vote on amendment No. 4047 of the United States, and that is Russia able not too long ago. the Senator from Iowa. The question is and China. China has a system which The Senator was in the Chamber on agreeing to the amendment. can reach not only two States, Alaska when I showed this chart. I want to The amendment (No. 4047) was re- and Hawaii, but, indeed, we have rea- show it again, because I suspect 8, 10 jected. son to believe that it could reach the years ago, no one would have believed Mr. FORD. Mr. President, I move to central parts of the mainland United this. Ten years ago would anyone have reconsider the vote by which the States. For the record, I am not talk- believed that the Secretary of Defense amendment was rejected. ing about an organized command and and the Defense Minister of the Mr. EXON. I move to lay that motion control attack on the United States by Ukraine would be planting sunflowers on the table. China. I am talking about the acci- on ground where there was planted an The motion to lay on the table was dental firing, the unintentional—per- SS–19 aimed at the United States of agreed to. haps in a training mission—firing of a America? Mr. WARNER. Mr. President, I want live missile, either from Russia or Mr. WARNER. I say to my good to make certain the RECORD shows the China. Should not we have the bare friend, Secretary Perry came and met Senator from Virginia voted in the minimum capability in this country to with members of the Armed Services negative by voice vote. defend against a single or perhaps two Committee at a breakfast hosted by The PRESIDING OFFICER. The or three missiles being fired? the distinguished chairman, Chairman RECORD will so reflect. I say yes. Our difference is the sched- THURMOND, this morning, and re- AMENDMENT NO. 4048 ule on which it is to be built. You have counted the very incident portrayed by Mr. WARNER. Parliamentary in- reasons to believe that $500 million is this picture. We concede all that. quiry, are we now returning to the col- enough. I feel strongly, as does the But I would like to come back to this loquy? committee, that $800 million is the re- issue. You stress arms control. We have The PRESIDING OFFICER. The Sen- quired amount to keep the research a disagreement on that. Come back to ator from North Dakota has the floor. and development at the most expedi- China. We have no arms control—do Mr. WARNER. And the distinguished tious pace, such as a President can you not agree they have the capability Senator was about to pose a question. make the decision with regard to de- today of a missile system that could Mr. DORGAN. I was about to ask the ployment. hit Alaska and could hit Hawaii, and question, if the Senator agreed with Mr. DORGAN. The Senator has nar- that there could be an accidental or me, if a rogue nation—China, I suppose, rowed this interestingly. So let me ask rogue firing in that nation? Just wit- would not be in the definition of this question. The Air Force has pro- ness what happened in connection with ‘‘rogue nation’’ here; China is a trading posed a system that they say is a mini- the Straits of Taiwan here just several partner of ours. mal cost system to respond to exactly months ago, when we saw what in my Mr. WARNER. Mr. President, it de- what you are talking about: one iso- judgment were actions by China, pre- pends on the day of the week. They do lated case of one intercontinental bal- sumably under tight command and have some actions—— listic missile, perhaps with one war- control, where those actions were in Mr. DORGAN. Normally, those who head, being launched accidentally or defiance of what I call responsible con- refer to rogue nations or international deliberately at someplace in this coun- duct by major nations in this hemi- outlaw leaders have three or four in try. sphere. mind. Now, the Senator raises—— There is a plan floating around that Let us go back. Let us see if we can Mr. WARNER. You are correct, China they say will cost $2 billion, $2.5 billion narrow debate. They have the system, should not be put in the same category to defend against that, not to give us a am I not correct? as the generic term ‘‘rogue nation.’’ I defense that is not impenetrable, but Mr. DORGAN. Let me ask the Sen- am talking about the accidental, unin- one that gives a reasonable certainty ator, since he has raised the question tentional firing. of stopping that limited threat. of China, does the Senator know ap- Mr. DORGAN. I understand. The Chi- I ask the Senator, is that what the proximately the estimate of how many nese have, as you know, without dis- Senator would support and would that ICBM’s the Chinese possess? cussing it, very few intercontinental be sufficient? Mr. WARNER. I do, but I am not sure ballistic missiles. The Senator raises Mr. WARNER. This Senator is in it is a matter we should bring out in the question of the potential of a coun- favor of supporting a system that could public at this time. try with intercontinental ballistic mis- perhaps interdict up to 10, 12, 15, maybe Mr. DORGAN. Does anyone know siles launching an attack against the as many as 20, certainly not an ex- whether that is classified information? United States. change as was practical, that poten- Mr. WARNER. Let us just concede The question I want to ask is, does tially could have occurred between the that we know they have them. I do not the Senator agree with me that there former Soviet Union and the United know the number—I do know it but I cannot be an intercontinental ballistic States. China’s total arsenal we have am not sure—let us just assume that missile launched without a return ad- agreed we should not discuss here, but they have a system. I think you and I dress; we will know instantly where it it has numbers that could approximate can agree on that. is launched from? those amounts of exchange. That is not Mr. DORGAN. Does the Senator also Mr. WARNER. Mr. President, the an accidental firing in reality or unin- agree that, should any nation—— Senator is correct in that. tentional to send 10 or 20 missiles. Nev- Mr. THURMOND. Mr. President, I Mr. DORGAN. If the launching of an ertheless, the system should be built to wonder if the Senator will just let us intercontinental ballistic missile cope with it. take a voice vote on the Grassley means this country immediately knows Mr. DORGAN. If I understand your amendment? where that launching took place, is it response, you are not proposing then a

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6398 CONGRESSIONAL RECORD — SENATE June 18, 1996 system that would in any way protect Mr. DORGAN. You say $800 million. first. Let us do the things that are nec- this country against a lunatic Typhoon Let me make just a couple additional essary to do research and development submarine captain who launches 200 points. Again, I respect very much the on national missile defense. warheads from a Typhoon submarine Senator from Virginia. I have admired I notice my friend from Oklahoma is against this country? You are not pro- his work for a long while. We disagree now on the floor. I mentioned earlier posing a system that protects us from time to time on things. We dis- he is someone who has an interest on against that? agree on this. I, nonetheless, think he this subject. I mentioned him in a Mr. WARNER. Mr. President, the sys- contributes a great deal to defense pol- kindly way. tem that I have in mind could limit the icy. But I just believe that to rush off and damage. Now, whether it could deal This little pager that I use is about commit $300 million above what Gen- with all 20 missiles fired—— the size, I am told, of the device that eral Shalikashvili recommends, Sec- Mr. DORGAN. Two hundred war- brought down the Pan Am flight by a retary Perry and others recommend as heads. terrorist planting a device this size on is prudent and wise, given our cir- Mr. WARNER. I am not prepared to the Pan Am 747 which crashed in cumstances and arms control, and give you an answer. Lockerbie, Scotland. That was a ter- other needs, I think that is not in this Mr. DORGAN. Two hundred war- rible attack. We know what the ter- heads. country’s interests. So I appreciate the rorist attack was with a rental truck colloquy the Senator and I have had. Mr. WARNER. If you interdict the in Oklahoma City. We know of many Mr. WARNER. I shall yield the floor missile, you get 10 warheads. terrorist accidents. We know of the momentarily. I have enjoyed the col- Mr. DORGAN. It depends on when deadly chemical agent attack in Japan loquy. But let us make it clear, this ad- you interdict the launcher. But my on the subway. We know of the bomb- ditional $300 million by the Armed point was, I guess most people would ing of the World Trade Center by ter- Services Committee was for the pur- say you are not proposing a system rorists. that could respond to that threat. So, The Senator raises the question, pose of the ground system. And it is again, on the scale of threats, you have what about the ultimate terrorist act our collective judgment that that some you respond to, some you do not. of a terrorist getting ahold of, not a amount of money is needed to keep an Look, I would not support a penny for suitcase, not a Yugo, but an ICBM, not aggressive R&D going. research and development if I did not a cruise, an ICBM missile, and tipping I strongly support it. And $300 mil- think it is reasonable for us to be try- it with a nuclear warhead and launch- lion is not specifically earmarked for ing to figure out what are the threats ing it against our country? any system. It in fact is the BMD’s pro- and what is a reasonable approach to Again, I will say to the Senator, gram that they have at the moment. begin thinking about them and plan- there is a prospect advanced by one of We have disagreements as to the total ning to meet them when they become the services that they say would cost $2 cost. That is clear. But I think we iso- sufficiently real that the intelligence billion that would use existing tech- lated this to be a debate between two community says this country needs to nology to provide a defense against a individuals who feel equally strongly do something about those threats. very limited, isolated, single missile from their various perspectives. The Senator knows, and we have said kind of rogue nation or accidental I think we owe it to the American before in this debate, that the intel- launch. That proposal does exist. public to do everything we can to put ligence community in this country The Senator and I may not have in place such systems to deter against does not concur that this is the time to much disagreement if he said, let us a suitcase, to deter against the Ty- do what is being proposed we do. The take the limited option at minimum phoon suddenly coming up and firing Defense Department tells us that it dollars and provide the protection its whole load. But I see this as a risk, will undercut the arms control agree- against that threat that he has just de- which I think is far greater, the acci- ments and launch us into an orbit to scribed in some detail. I am not sure dental firing of a single or a double, by spend an enormous amount of money we would have much disagreement either a terrorist or someone who against a system that the Senator now about that. comes in and seizes an installation in concedes will not respond to the more That is not what is being proposed, as China or Russia, some group, band, aggressive or robust threats. the Senator knows. What is being pro- who goes in and seizes it and fires it Mr. WARNER. Well, Mr. President, posed is a robust system, multiple somehow. That is what I want to stop. all I can say is that what we envision sites, space-based components, acceler- Mr. DORGAN. If the Senator would is a limited system to deal with the ac- ated deployment. That is a much, yield on that point. cidental or unintentional firing. I am much different, much more expensive Mr. WARNER. Yes. not prepared, nor any of us are really and much more extensive proposal prepared, to give you precise numbers, than what we are discussing. Mr. DORGAN. I encourage the Sen- whether it could interdict the entire So again I say, if the isolated cir- ator to receive the briefing, if he has load of a Typhoon. It depends on when cumstances that the Senator describes not yet, on the planning that has been interdiction takes place, whether there were met by a $2 billion system, which done by the Air Force for a minimal is warhead separation. There are a lot one branch of the service has given me system at minimum cost to address ex- of factors that deal with it. a detailed briefing on, I do not know actly that circumstance. I want to also put in the RECORD, I that we would have a big disagreement. Mr. WARNER. Mr. President, I have respect your arguments about the suit- But what we are talking about here— gotten that briefing. I am just not sure case. Fortunately, I think technology and I believe the Senator in his heart that that is a sufficiently robust sys- is not quite at the point where that is knows we are talking about—is the po- tem to meet the requirements as I see the highest risk now, but we have in tential of $60 billion over the years to them. place a number of systems to deter build a much more capable system, at Mr. President, there are other Sen- and, indeed, interdict the suitcase. It is the end of which we will not have ad- ators anxious to speak. I thank the just my concern we have nothing— dressed the threat of a robust attack Senator. I yield the floor. nothing—in place to interdict the stray against this country. Mr. EXON addressed the Chair. two or three missiles that could be ac- I worry that if we spend that money, The PRESIDING OFFICER. The Sen- cidentally fired or a terrorist firing we may develop the circumstance of ator from Nebraska. against our Nation. saying to the American people, we now Mr. EXON. Mr. President, I will That is the direction in which this have a missile defense system we have make some remarks with regard to the Senator wants to move as expedi- spent $60 billion for, just to build, not matter at hand, and the general feeling tiously as possible. And we have to operate, and then someone says, that I have with regard to the bill. O’Neill, who was the prior head—he ‘‘What if somebody launches 50 missiles just resigned—of the BMD office, who against us?’’ We say, ‘‘Well, we’re sorry Mr. THURMOND addressed the Chair. said $800 million is the figure. I happen about that. We’re not going to be able The PRESIDING OFFICER. The Sen- to agree with him. You happen to dis- to deal with that.’’ ator from Nebraska has the floor. agree. Therein, I think, we framed the If we are talking threat, let us re- Mr. EXON. Did my colleague from argument. spond to the most aggressive threats South Carolina wish to make some

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6399 kind of a point? I have been recognized. In other words, if we can accommo- additional funds above the budget re- I would be glad to yield to him. date some of the wishes of the Presi- quest, how would you spend it?’’ What Mr. THURMOND. Mr. President, we dent of the United States, the Sec- kind of a reply would you expect? To have been debating this amendment retary of Defense and others, that have no one’s surprise, when blank checks now for over an hour. I just wanted the key roles to play in what happens to were enticingly dangled before the wit- Senator from North Dakota to consider the authorization bill that we will ness, the replies were as prompt as entering into a time agreement on his eventually pass here, it is to make it as they were lengthy. No military leader amendment at this time. acceptable as possible to reach some worth his salt, under such a scenario, Mr. EXON. The Senator from South compromises on several things where I could not find something that he could Carolina had a question for the Senator think there should be compromises, use. from North Dakota. make it somewhat more acceptable to Of the $13 billion added to the Presi- Mr. THURMOND. I wonder if the the Clinton administration, and then dent’s defense budget request, $11.4 bil- Senator would agree to a time agree- we will have accomplished something lion, or nearly $9 out of every $10 ment on this amendment. rather than passing a defense author- added, went toward procurement and Mr. DORGAN. I have no intention of ization bill that will end up dead in the research and development programs. delaying the vote. There are a number water in the form of a veto. But approximately $2 billion of the of Senators who do want to speak brief- So the comments that I am now add-on dollars proposed in the Penta- ly. about to make are designed, as best I gon’s wish list is not even part of the Mr. THURMOND. What is a time the can design them, to try to reach a com- Pentagon’s own budget plan for the Senator would wish to suggest? promise, a compromise, if you will, up next 5 years, and certainly it is not, Mr. DORGAN. Senator CONRAD from front in the process of the Senate nor has it been previously, projected. North Dakota wants to speak and Sen- working its will on the defense author- What is more, a similar portion of ator EXON wishes to speak. ization bill, and hopefully have a bill the $13 billion committee add-on is nei- Mr. THURMOND. Mr. President, I that will mean something. ther part of the long-range budget, nor suggest the absence of a quorum. Mr. President, the defense authoriza- any armed services wish list, including The PRESIDING OFFICER. The tion bill before the Senate is a rather the wish lists that are included in this clerk will call the roll. rare piece of legislation, one might proposal. The legislative clerk proceeded to say. It is one of the few spending or au- In other words, the Armed Services call the roll. thorization bills for the next year re- Committee did not even get enough re- Mr. EXON. Mr. President, I ask unan- ceiving a sizable increase—I repeat, a quests, after dangling that enticing proposition before the witnesses, to add imous consent that the order for the sizable increase—above the administra- up to the billions that we are spending. quorum call be rescinded. tion’s request. The PRESIDING OFFICER. Without To be specific, at $267 billion, the 1997 In other words, nearly $4.6 billion of objection, it is so ordered. defense authorization bill dwarfs— the $13 billion-plus-up to the Penta- Mr. EXON. All the Senator from Ne- dwarfs—Mr. President, any other dis- gon’s outyear budget plan, or a part of braska is attempting to do is move cretionary spending program in the the services’ wish list. It is something things along. If an agreement is Federal budget. Like an out of shape that came through the fat-feeding pro- gram in the Armed Services Com- reached with regard to a time agree- prizefighter, it enters the ring $13 bil- mittee. ment, I will certainly yield to the man- lion overweight from the position of agers of the bill and the Senator from In my opinion, it is vital that the the President of the United States. American public understand this im- North Dakota to make that statement. Having been overfed by the majority portant distinction between several op- In the meantime, I would like to pro- of the Senate Armed Services Com- ceed with the statement I have regard- tions: mittee—and I hope we can at least par- One, what the President proposed in ing the bill. tially correct that—the quarter of a his budget for defense spending. Two, Mr. President, the Senator from trillion-dollar defense bill before the what the Pentagon says it needs to pro- South Carolina, the distinguished Senate is not just $13 billion above the vide for our national defense. Three, chairman of the Armed Services Com- Pentagon’s proposed budget, it is $1.7 what the military witnesses wish they mittee, is a very, very dear friend of billion in excess of the originally could have after having the proposition mine. He does an excellent job and has passed budget resolution, and $4.1 bil- dangled in front of them. Four, what as long as this Senator has been in the lion more than the 1996 defense spend- level of funding the committee ulti- U.S. Senate. He works very well with ing bill. At a quarter of a trillion dol- mately approved. Senator NUNN, the ranking member of lars, the 1997 defense authorization bill Such a wish-list approach to defense the committee. They have worked very is flush, with $13 billion in unrequested budgeting is not responsible, in this hard on this defense authorization bill spending authority, much of which Senator’s opinion, and stands out as a that this Senator supported when it adds unnecessarily to our national glaring exception to the manner in came out of the Armed Services Com- debt, while adding, in the opinion of which painful cuts have been levied mittee. But at that time I sent a first this Senator, little or nothing to our against domestic budget accounts. Nor signal that I would be attempting to national defense. is the end product of $13 million in ad- make some changes to improve the bill The 1997 defense authorization bill ditional defense spending justified and, in several areas that I thought needed should be termed the ‘‘wish list’’ bill. certainly not, Mr. President, in order attention. It is so much so that every service offi- to do what we are trying to do in these I will simply say to my good friend cial and regional military commander times, when we are supposedly being from South Carolina, that he has made that appeared before the Senate Armed prudently fiscal, to reach a balanced noble efforts in the committee. We had Services Committee on the bill was budget by the year 2002. thorough discussion on a lot of these asked by the members of the majority A cursory look at the defense author- issues that we are going to be taking a question, and certainly Federal man- ization bill before the Senate indicates up in the form of amendments now agers of domestic programs have fre- that a rising budget tide floats all that the bill is on the floor, which I quently heard that recently, and it is boats. Among the largest beneficiaries think is entirely proper. going to be driven home again during of the committee’s blank check wish What this Senator has been attempt- this debate. This was the question that list in the budget includes these items: ing to do since this bill came out of the was asked of these various military of- An $856 million increase in the pro- authorization committee, and as late ficials: ‘‘If you were given additional posed ballistic missile defense spend- as this morning—as referenced by my funds above the budget request, how ing, which has just been debated to distinguished friend and colleague from would you spend it?’’ some extent on the floor of the Senate Virginia, we met with the Secretary of Let me repeat that. Can you imagine preceding my remarks; a $760 million Defense—what I am trying to do is, as a military person sitting before the increase in the National Guard and Re- much as possible, make this defense Armed Service Committee and they are serve equipment; a $750 million in- authorization bill vetoproof. asked a question, ‘‘If you were given crease in DDG–51 destroyer funding; a

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6400 CONGRESSIONAL RECORD — SENATE June 18, 1996 $701 million increase in new attack will not exist in the near term to jus- opinion of this Senator. He said in that submarine funding; a $700 million in- tify such a proposition. In the longer letter: ‘‘Refusing to recognize Ukraine, crease in military construction and term, all of us are continuing to look Belarus, and Kazakhstan as coequal housing funding; a $351 million increase at various types of missile defenses successors to the Soviet Union with re- in V–22 aircraft funding; and a $341 mil- that we may need in the long term. gard to the ABM Treaty would under- lion increase in F–16 and F–18 funding Furthermore, the Dole star wars bill mine our own interests in seeing that for 10 unrequested aircraft. as presently drafted would cost, ac- these countries carry out their obliga- These increased spending levels are cording to the Congressional Budget tions as successors to the Soviet Union only a downpayment—I emphasize once Office, anywhere from between $31 and under other arms control treaties, such again, Mr. President, the funding levels $60 billion. So the $300 million plus as START I—and START II and oth- I have just cited are only a downpay- that we are talking about now would ers—and the intermediate range nu- ment for future spending that will con- grow to $31 billion to $60 billion just to clear forces treaty,’’ which is very im- found budget-making in the years to deploy, and perhaps another $10 billion portant. come. on top of that to operate. The commit- Mr. President, to summarize, this Mr. President, at a minimum, the tee’s $350 million increase is an initial year’s defense authorization bill is a spending level included in the defense downpayment; $350 million may not marked improvement over last year’s authorization bill should be reduced by sound like a whole lot of money. But bill. I have saluted the committee for $1.7 billion to be brought into conform- that is a downpayment, if you will, on its action on that in the opening of ance with the budget resolution so as a multibillion dollar program most these remarks. Yet, changes must be to eliminate hollow budget authority likely, at a minimum, in the range of made, in the opinion of this Senator, to in the bill. But the Senate should not $50 billion between now and the year reduce unjustified spending increases stop there. We should question the 2002. and delete intrusive foreign policy lan- need for the remaining $11 billion in- Downpayments are easy, as the aver- guage before I can enthusiastically crease and whether this extraordinary age American family knows. But in support this bill. However, I would say, increase is needed to properly defend this case this is a system that I urge Mr. President, that overall I congratu- the national security interest of the the Senate to delete as wasteful ex- late Senator THURMOND, my friend, col- United States. penditures even though there may be league, and chairman of the com- Perhaps the starting point for reduc- some arguments and some people sin- mittee, for other than some of the tion in spending authority contained in cerely feel that we should move faster shortcomings that I see. I salute him this bill should begin at $4.6 billion, the than the Pentagon and the experts in for a very well-balanced bill in several sum total of weapon add-ons and pro- the field tell us we should in this area. other areas. gram increases not requested in the As was the case in last year’s author- I appreciate the consideration, the service wish lists, or contained in the ization bill, there are language provi- cooperation, and the understanding. Pentagon’s long-range budget plan. sions in the 1997 defense authorization For those of us who tried to make some At a later point during the consider- bill which are unwise and may prove to changes in the committee, the chair- ation of this bill, I will propose an be a problem down the road in getting man of the committee did not agree amendment along with Senators this bill signed by the White House. with us, but as usual he gave us every BINGAMAN, KOHL, LEVIN, and This is something that I opened my re- opportunity to make our point. We in WELLSTONE, to reduce the top-line de- marks on by saying that I was trying turn supported the bill as it came out fense spending figure by a modest $4 to steer this bill into something that is of committee with the clear under- billion. This represents a full $600 mil- workable and not another knockdown, standing to the chairman that we lion less, Mr. President, than the $4.6 dragout between the Congress and the would be making some changes on the billion in unsupported, unjustified, and President. floor of the U.S. Senate. unwise spending authority. Mr. President, two provisions in par- I thank the Chair. I yield the floor. In essence, the Exon amendment ticular stand out as being questionable Mr. THURMOND addressed the Chair. would retain $9 billion in defense forays by the majority of the Senate The PRESIDING OFFICER. The Sen- spending authority over and above the Armed Services Committee into the ator from South Carolina. President’s request. Now, let me repeat area of foreign policy, and each could UNANIMOUS-CONSENT AGREEMENT that. The Exon amendment would re- possibly jeopardize bilateral efforts be- Mr. THURMOND. Mr. President, I tain $9 billion in defense spending au- tween the United States and Russia to ask unanimous consent that there now thority above and added on top of what lower our nuclear inventories in a bal- be 60 minutes equally divided for de- the President has suggested. If the anced and accountable fashion. bate on the pending Dorgan amend- Exon amendment is agreed to by the One provision ultimately interprets ment with no amendment in order to Senate, our Nation would still be the ABM Treaty demarcation between the amendment; that at the conclusion spending $155 million more in 1997 than long-range and short-range missile de- or yielding back of time the amend- in 1996. I would have more to say about fenses at a time when our nations are ment be set aside; and, further, that at this amendment when it is offered. negotiating this very issue right now. 9 a.m. on Wednesday, June 19, the Sen- One of the most questionable of the The second language provision that I ate resume consideration of the Dorgan committee add-ons, in the opinion of have concerns about is with regard to amendment and there be 15 minutes this Senator, is $856 million for missile changing the bilateral Antiballistic equally divided for debate with a vote defense programs—most notably, the Missile Treaty to a multilateral treaty on or in relation to the Dorgan amend- $300 million add-on for a national mis- that includes several of the inde- ment at the expiration of that debate. sile defense system. pendent states of the former Soviet The PRESIDING OFFICER. Without The Senator for North Dakota has an Union. This is a major concern of the objection, it is so ordered. amendment before the Senate at this President of the United States. And, Mr. THURMOND. Mr. President, in time, which has been debated for the unless this language is corrected, I light of this agreement, there will be last hour and a half. I also intend to think we stand a high chance of a veto. no more votes this evening. The next support that, and I have included that The majority’s insistence that such rollcall vote will occur at approxi- in the numbers that I have presented multilateralization of the treaty would mately 9:15 tomorrow morning. and will be presenting later in the form constitute a substantive change in re- AMENDMENT NO. 4048 of an Exon amendment, with several quiring reratification by the Senate is The PRESIDING OFFICER. Under important cosponsors. equally meddlesome on the part of the the previous agreement, there are 60 Earlier this month, the Senate de- committee. minutes equally divided on the Dorgan bated the wisdom of the Dole star wars As President Clinton stated in his amendment. proposal to pursue a crash program to April 8 letter to the Armed Services Who yields time? field a continental missile defense sys- Committee chairman, STROM THUR- Mr. THURMOND. Mr. President, I tem by the year 2003. It was pointed MOND, he has strong objections to this now yield myself such time as may be out then that the threat does not and matter for very valid reasons, in the required under the Dorgan amendment.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6401 The PRESIDING OFFICER. The Sen- posed to preserve the option of deploy- President Clinton, made a statement, ator from South Carolina. ing an NMD system by 2003 it is appro- and his statement 2 years ago was we Mr. THURMOND. Mr. President, it is priate for Congress to add sufficient know of between 20 and 25 nations that unfortunate that the Senator from funds to ensure that such an option is either have or are in the final stages of North Dakota does not think that the truly viable. The director of the Bal- completing weapons of mass destruc- American people deserve to be defended listic Missile Defense Organization has tion, biological, chemical or nuclear, against the only military threat that testified repeatedly to Congress that and are working on the missile means faces them in their homes every day, a about $800 million per year is needed to deliver those weapons. threat that is growing more severe for NMD in order to preserve such an That was 2 years ago. He updated every year. Simply stated, what the option. This is precisely what the that statement and said there are Dorgan amendment seeks to do is per- Armed Services Committee has rec- somewhere closer to 30 nations now. petuate American vulnerability. ommended. Let us look at who those nations are, We have heard quite a bit about how For those who argue that the Senate the type of people, the mentality of there is no threat and how investment Armed Services Committee is throwing those individuals who are potentially in national missile defense is a waste of money at ballistic missile defense, I armed with this type of destruction, money. Let’s remember that more would point out that the amount in countries like Iraq and Iran and Libya Americans died in the Persian Gulf war this bill for the Ballistic Missile De- and Syria, North Korea, China, Russia, as a result of a single missile attack fense Organization is only slightly countries where just not too long ago, than any other cause. I don’t imagine higher than the Clinton administra- for example, Saddam Hussein, a guy that their families would view missile tion’s own bottom-up review rec- who murdered his own grandchildren, defense investments as a waste. ommended for fiscal year 1997. made the statement back during the It has been argued that there is no The bottom line is simple. If you Persian Gulf war that if we had waited threat to justify deployment of a na- think that the American people should 5 more years to invade Kuwait, we tional missile defense system to defend not be defended against ballistic mis- would have had the capability of send- the United States. This view is strate- siles, then you should support the Dor- ing a weapon of mass destruction to gically shortsighted and technically in- gan amendment. If you think that the the United States. Well, here it is. It is now 5 years correct. Even if we get started today, United States should preserve the op- later. So let us assume that some of by the time we develop and deploy an tion of deploying an NMD system by these guys might be right. They come NMD system we will almost certainly 2003, then vote against this amend- up and they say, well, we do not want face new ballistic missile threats to ment. I strongly urge my colleagues to to do it because it might in some way the United States. Unfortunately, it put themselves on the side of defending affect adversely the ABM Treaty. The will take almost 10 years to develop the American people. ABM Treaty was put together back in and deploy even a limited system. Mr. President, I yield the floor and 1972, and we cannot say this was done Much has been made of the intel- acknowledge the able Senator from in a Democrat administration. It was ligence community’s estimate that no Oklahoma, Senator INHOFE. not. I am a Republican. Richard Nixon new threat to the United States will (Mr. BURNS assumed the chair.) was a Republican. Henry Kissinger, I develop for 10 years or more. This esti- Mr. INHOFE. I thank the Senator assume, was a Republican. At least he mate, however, only has to do with new and I certainly concur in the comments worked for a Republican. And he put indigenously developed missile threats that he is making. It is a very frus- together a plan. The ABM Treaty at to the continental United States. It trating thing to have knowledge of the that time was designed to address the treats Alaska and Hawaii as if they threat that exists out there and merely problem of two superpowers in the were not part of the United States. because the American people are not world environment. Those superpowers Moreover, the intelligence community aware of it, we are ignoring the defense were the U.S.S.R. and the United has confirmed that there are numerous of our country which I have always un- States, and so they put together a plan derstood when I was growing up should ways for hostile countries to acquire that said we will restrict our nuclear have been the primary concern or func- intercontinental ballistic missiles in capability bilaterally. much less than 10 years by means other tion of Government, to protect its citi- So let us assume that they would do than indigenous development. zens. it. I never believed they would. Let us North Korea has also demonstrated In a few of the things that have been assume they would. If you bring that to the world that an ICBM capability said by a number of those who are on up to today, there is no longer a can be developed with relatively little the opposite side of defending America U.S.S.R. It is now Russia. Let us as- notice. The Taepo-Dong II missile, was the discussion about the threat of sume that Russia would agree to step- which could become operational within suitcases, of carrying around bombs, of ping into this issue as the former 5 years, is an ICBM. Each new develop- terrorist activities. Being from Okla- U.S.S.R. And live up to the expectation ment of this missile seems to catch the homa, nobody needs to tell me about of the ABM Treaty. What about these intelligence community by surprise. It terrorist activities. I understand. It is other 25 or 30 nations out there? certainly undermines the argument of almost as if to say that because there Let us assume that the United States those who downplay the threat and the are crazy people out there that burn and Russia are downgrading their nu- intelligence community’s own 10-year churches and carry around suitcases, clear capability. At the same time estimate. we need to address that and not address what is Iraq doing? What is China Even if we knew with certainty that the potential of an attack on the doing? What are the other countries no new threat would materialize for 10 United States of America by an ICBM, doing? They are certainly not a part of years there would still be a strong case armed with a warhead that can be a this treaty. for developing and deploying a national weapon of mass destruction, chemical, It was brought out by one of the Sen- missile defense system. Deploying an biological or nuclear. It is like saying ators in the Chamber a few minutes NMD system would serve to deter you do not want to have car insurance ago that these people are not part and countries that would otherwise seek to because you want to have insurance on parcel to the treaty so they could con- acquire an ICBM capability. A vulner- your home. You want to have a com- tinue to increase their nuclear capa- able United States merely invites pro- prehensive policy that insures you bility, the weapons of mass destruc- liferation, blackmail, and even aggres- against everything. There is a threat tion, and their capability to develop a sion. out there and I think we need to talk missile means of delivering them. It has also been argued that the ad- about that, and certainly now is the If we do not want to take the word of ministration’s NMD program is ade- appropriate time because we have somebody who is not here as to how quate to hedge against an emerging heard Senator after Senator stand up significant and how applicable today is threat. Unfortunately, the budget re- and allege there is no threat out there; the policy of a mutually assured de- quest does not adequately support the the cold war is over. struction, listen to what Henry Kis- administration’s own plan. Since the It was 2 years ago that James Wool- singer said just the other day. I had administration’s NMD program is sup- sey, who was the CIA Director under lunch

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6402 CONGRESSIONAL RECORD — SENATE June 18, 1996 with him. I asked him if I could quote Further quoting, and there are missiles in existence him. He said yes. His statement was, Incorporating the SS–18-related military today that can already reach us, and ‘‘It is nuts to make a virtue out of our guidance or warhead technologies into Chi- this missile technology is permeating vulnerability.’’ And that is exactly na’s strategic missile forces would greatly all the way through the various coun- what we are doing. Let us for a minute improve Beijing’s ability to threaten targets tries like Iraq, Iran, Syria, Libya, talk about the cost. I have never heard in the United States. . . Pakistan and other nations, if this is anyone throw around figures like I Now, that is in a confidential report out there, just ask the question—we have heard in the Chamber of the Sen- that so far no one has refuted. Let us are talking about $300 million right ate—talking about another $30 billion keep in mind that was about the time now. We are talking about $300 million, to $60 billion. The CBO estimate of $30 that a high Chinese official said—dur- far less than just the damage to the to $60 billion over 14 years was taking ing the time they were experimenting building in Oklahoma City. Ask your- every system that is out there right with missiles in the Strait of Taiwan, self the question: What if we are now and saying we want to deploy all the Chinese were conducting experi- wrong? of these systems by a date in the fu- ments—they said, ‘‘We don’t have to I challenge any of those on the other ture. worry about the United States coming side of the aisle who want to take this No one has ever suggested that. to their aid because they,’’ the United money and put it into social programs, Right now, we are talking about in this States, ‘‘would rather protect Los An- to ask themselves: What good are these bill looking at what options are there. geles than they would Taipei.’’ social programs if we were wrong on Let us take the Aegis system. We have I would characterize that at the very this, on our estimate as to the extent a $40 to $50 billion investment in 22 least as an indirect threat at the of the capability of these countries to ships that are floating out there right United States. It is like the Senator reach the United States? now. They have missile launching ca- from South Carolina said, the honor- I see this as a very difficult time for pability. They are there. They are al- able chairman of this committee, he us. It is difficult because it is very dif- ready bought and paid for. We need to said, ‘‘We are being held hostage.’’ ficult for us to convey to the American spend about $4 billion more to give Threats like this: ‘‘They are not going people the truth, and the truth is, we that system capability of reaching up to do that, because if they do that we have threats from many, many nations into the upper tier and giving us a de- will go after them.’’ Do they have the now. It is something that we should fense from an attack of a missile that capability? According to the reports, have as our single highest priority in might be coming from North Korea or yes, they have the capability. this body, and that is to protect the from someplace else. In that, we al- So I just think we need to look at lives of Americans. That is what we are ready have an investment. Mr. Presi- this in terms of the costs that have attempting to do. dent, 90 percent of it is already paid been grossly, dramatically inflated I said this morning I am supporting for. We have some estimates here that into something that is totally unreal- this bill. I think we got the very most were made by the team B of the Herit- istic—the constant use of terms like we could out of a defense authorization age Foundation. That is made up of ‘‘star wars’’ and other things to put bill. It is still not adequate. We should people like Hank Cooper, the former di- this into some kind of fiction environ- be moving forward in a more rapid pace rector of the Strategic Defense Initia- ment so people will think this thing is to put ourselves in a position to spend tive, and several others. All of them not real. this other 10 percent of the investment are acknowledged experts. No one has Keep in mind what was started in we have already spent and give our- ever questioned their credibility. They 1983 and was right on target all the way selves some type of defense for a mis- say that a Navy-wide area defense sys- up through about last year, when the sile that comes over, outside the at- tem on Aegis cruisers would cost be- President vetoed the DOD authoriza- mosphere, to the United States. The tween $2 and $3 billion over the next 6 tion bill from last year, and in his veto technology is there. We saw it during years, plus $5 billion for a sensor sat- message said he did not want to spend the Persian Gulf war. We know you can ellite. any more money on a national missile knock down missiles with missiles. We are talking about, now, not $70 defense system. In light of that, since This is our opportunity to go forward billion, we are talking about some- that has happened, we have probably with this program in a very minimum where in the neighborhood of $7 to $8 had more threats that have come to that we must do to fulfill our obliga- billion over the next 6 years. So let us the United States than we have at any tion to the American people. get this in perspective. Let us assume other time. Last, let us look at this in terms of a there could be some truth to the state- We have talked about the cost. I am nonpartisan or bipartisan priority. ments that these experts like James from Oklahoma. The cost of the dam- Back during the years that John Ken- Woolsey are making, and, in fact, the age that was done to the building itself nedy was President of the United threat is out there. Let us assume the in Oklahoma City was $500 million, half States, regarding our budget to run the Russians already have one. a billion dollars. That is just a drop in entire Government of the United This morning in a speech on the floor the bucket as to the total cost. The States, 60 percent of that was on de- I used several articles, four or five of bomb that caused so much damage in fense, 17 percent on human services. them. I wish I had them with me now. Oklahoma had the power of 1 ton of Today, approximately 17 percent is on I did not think this subject would come TNT. The smallest nuclear warhead defense and 60 percent on human serv- up again. But we talked about how known at the present time is 1 kiloton, ices. I think we have this completely China is now selling technology to 1,000 times bigger than that bomb. turned around. This is our opportunity Pakistan, how Syria and Libya have a So I would like to have anyone, any to try to get back on track to making new, cozy arrangement with each of these Senators who seem to be so America strong again, defending our- other. passive in their interest in protecting selves against a very serious threat. Here is an article right here that I ourselves from a missile attack, to stop I yield the floor. did not use. The headline of this arti- and look and remember, recall what The PRESIDING OFFICER. Who cle, found in the Washington Times, happened in Oklahoma City on April 19 yields time? dated May 20, ‘‘China’s arsenal gets a of last year and multiply that by 1,000. Mr. THURMOND. Mr. President, I Russian boost. Deal for ICBM tech- It does not have to be just in New York suggest the absence of a quorum. nology a threat to U.S., classified Pen- City. It does not have to be in Los An- The PRESIDING OFFICER. The tagon report says.’’ geles. It could happen in North Dakota, clerk will call the roll. Then it says: it could happen in Nebraska, or any- The legislative clerk proceeded to China, under the guise of buying space where. call the roll. launchers, is enhancing its strategic arsenal I will conclude by saying if all these Mr. KYL. Mr. President, I ask unani- with technology and parts from Russia’s most lethal intercontinental ballistic mis- experts say the threat is out there, if mous consent that the order for the sile, the SS–18, [that is the MIRV’d missile all of them say the Taepo Dong 2 mis- quorum call be rescinded. with 10 warheads] says a classified Pentagon sile will have the capability of reach- The PRESIDING OFFICER. Without intelligence report. ing the United States by the year 2000, objection, it is so ordered.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6403 AMENDMENT NO. 4049 resolution’’ means only a joint resolution in- weapons was no longer safe and we (Purpose: To authorize underground nuclear troduced after the date on which the com- wanted to test that it was safe or to testing under limited conditions.) mittees referred to in subsection (b) receive find out why it was not safe, in that Mr. KYL. Mr. President, I have an the report required by that subsection the event, today the President has such a amendment I would like to send to the matter after the resolving clause of which is as follows: ‘‘Congress disapproves the report right to order such a test, and he would desk. I ask unanimous consent we lay of the President on nuclear weapons testing, continue to have that right until such aside the pending amendment, and I transmitted on lllllll pursuant to time as the CTBT is adopted. send an amendment to the desk. section lll of the National Defense Au- That is it. That is as simple as the The PRESIDING OFFICER. Without thorization Act for Fiscal Year 1997.’’ (the amendment is. objection, it is so ordered. first blank being filled in with the date of I further state, the Congress would The clerk will report. the report). have the right under this amendment The legislative clerk read as follows: (e) IMPLEMENTATION OF TEST BAN TREA- to ratify the President’s decision or to TY.—If, with the advice and consent of the The Senator from Arizona [Mr. KYL], for reject it, based upon reports that the Senate to ratification of a comprehensive himself and Mr. REID, proposes an amend- President would continue to send to us. ment numbered 4049. nuclear test ban treaty, the United States enters into such a treaty, the United States Today, the President is required to Mr. KYL. Mr. President, I ask unani- may not conduct tests of nuclear weapons in- send us a report, and we would con- mous consent that reading of the volving underground nuclear detonations tinue to require that report be sent to amendment be dispensed with. that exceed yield limits imposed by the trea- us on the status of the stockpile and The PRESIDING OFFICER. Without ty unless the President, in consultation with whether any testing is required. objection, it is so ordered. Congress, withdraws the United States from Under this amendment, if the Presi- The amendment is as follows: the treaty in the supreme national interest. dent said he wanted to conduct a test, At the end of subtitle F of title X add the (f) REPORT OF SUPERSEDED LAW.—Section the Congress would have the ability to following: 507 of Public Law 102–377 (106 Stat. 1343; 42 tell him he could not do so. This is not U.S.C. 2121 note) is repealed. SEC. . UNDERGROUND NUCLEAR TESTING CON- something that we are suggesting that STRAINTS. Mr. KYL. Mr. President, I will de- the President do or suggesting that he (a) AUTHORITY.—Subject to subsection (b), scribe this very briefly. It is actually a would do it. It is simply a safety valve, effective on October 1, 1996, the United simple amendment. I will only discuss States may conduct tests of nuclear weapons if you will, in the event of some unto- it here for about 3 or 4 minutes, then ward event with our stockpile that the involving underground nuclear detonations we can have further discussion tomor- in a fiscal year if— President should conclude that a test (1) the Senate has not provided advice and row when there are more Members is necessary that he would have the consent to the ratification of a multilateral present, when they desire to do so. ability to do that. comprehensive nuclear test ban treaty; This is an amendment dealing with It does not affect the CTBT negotia- (2) the President has submitted under sub- nuclear testing, and the effect of it is tions in any way. As I said, our amend- section (b) an annual report covering that to simply extend the time for the fiscal year (as the first of the fiscal years ment simply goes up to the time that a President to decide to test a nuclear CTBT is entered into. It is that simple, covered by that report); weapon to the point that the United (3) 90 days have elapsed after the submittal Mr. President. of that report; and States ratifies a comprehensive test If Members wish to further discuss it (4) Congress has not agreed to a joint reso- ban treaty and it goes into effect. tomorrow, I will be happy to try to an- lution described in subsection (d) within that Today, the law is, as of September 30, swer any questions about it or discuss 90-day period. the President could not order a nuclear it. I cannot imagine it would be par- (b) REPORT.—Not later than March 1 of test unless another country were to ticularly controversial. each year, the President shall submit to the test a weapon. Mr. President, if there is no one seek- Committees on Armed Services and on Ap- What this amendment would do is to ing to speak, I suggest the absence of a propriations of the Senate and the Commit- allow the President to order a test for tees on National Security and on Appropria- quorum. tions of the House of Representatives, in safety and reliability purposes; in The PRESIDING OFFICER. The classified and unclassified forms, a report other words, not dependent upon clerk will call the roll. containing the following matters: whether another country happened to The legislative clerk proceeded to (1) The status on achieving a multilateral engage in testing, and that right would call the roll. comprehensive nuclear test ban treaty, un- exist until such time as this country Mr. THURMOND. Mr. President, I less the Senate has already provided its ad- ratified and a CTBT went into effect. ask unanimous consent that further vice and consent to the ratification of such a This chart describes very simply what proceedings under the quorum call be treaty. (2) An assessment of the then current and we are doing. dispensed with. projected safety and reliability of each type The current law is that as of Sep- The PRESIDING OFFICER. Without of nuclear warhead that is to be maintained tember 30 of this year, the President’s objection, it is so ordered. The Senator in the active and inactive nuclear stockpiles ability to order a test would no longer from South Carolina is recognized. of the United States during the four succes- exist, unless another country engaged Mr. THURMOND. Mr. President, the sive fiscal years following the fiscal year in in a test. And then once a CTBT is en- subject matter of this amendment will which the report is submitted. tered into force, there is no test except probably be quite contentious. I hope (3) A description of the number and types for extreme national emergency. not. I hope that other Members will see of nuclear warheads that are to be removed What our amendment would do is to that the amendment does not advocate from the active and inactive stockpiles dur- ing those four fiscal years, together with a continue the status quo until such opposition to concluding a comprehen- discussion of the dismantlement of nuclear time as there is a CTBT, and the ra- sive test ban and that it does not pro- weapons that is planned or projected to be tionale is very simple. The fact that mote testing. With that in mind, I rise carried out during such fiscal years. another country tests does not nec- in support of the amendment offered by (4) A description of the number and type of essarily mean that the United States the distinguished Senator from Ari- tests involving underground nuclear detona- should test. Our ally France has con- zona. tions that are planned to be carried out dur- ducted nuclear tests. China has con- As I understand the amendment, it ing those four fiscal years, if any, and a dis- would authorize the President to con- cussion of the justifications for such tests. ducted nuclear tests and plans to con- (c) TESTING BY UNITED KINGDOM.—Subject duct some more. And in neither of duct underground nuclear weapons to the same conditions as are set forth in those events is it necessarily the case tests after October 1, 1996, if a com- paragraphs (1) through (4) of subsection (a) that as a result the United States prehensive test ban treaty has not been for testing by the United States, the Presi- should test. ratified by the United States. In order dent may authorize the United Kingdom to We have no reason to test just be- to conduct an underground nuclear conduct in the United States one or more cause some other country does. But test, the President would have to sub- tests of a nuclear weapon within a period there is always the possibility that the mit a report to Congress detailing jus- covered by an annual report if the President determines that is in the national interest of President would want to order a test in tification for the test. In order to stop the United States to do so. order to assure stockpile safety and re- the test from being conducted, the Con- (d) JOINT RESOLUTION OF DISAPPROVAL.— liability. If we had some reason to be- gress would have to pass a joint resolu- For the purposes of subsection (a)(4), ‘‘joint lieve, for example, that one of our tion within 90 days.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6404 CONGRESSIONAL RECORD — SENATE June 18, 1996 During the debate on the Exon-Hat- thority. In an effort to create the conditions express support for U.S. troops participating field legislation which prohibits nu- for peace in Bosnia, the Dayton agreement in the NATO and UN peacekeeping efforts; to clear testing, I voiced my concerns for provides for a peace implementation force promote democracy, economic growth, and the safety and reliability of the nuclear (IFOR) under NATO command and calls for respect for human rights in the region; and civilian implementation through elections to reflect the United States’ commitment to stockpile without the ability to test. and economic reconstruction. those working for a lasting peace in Bosnia. So long as our defense relies on nuclear In the period between the signing of the ac- FINDINGS weapons, we must ensure the safety cord and the delegation’s departure, the The delegation returned to the United and reliability of the stockpile. That ceasefire had held, elections were being States confident that U.S. military and dip- requires the authority to conduct un- scheduled, and problems related to imple- lomatic leadership has been the driving force derground nuclear tests. I urge my col- mentation of the civilian aspects of the behind the current peace in Bosnia—that the leagues to adopt the amendment. peace agreement were reported. peace could not have been accomplished, and On the day the delegation left for the re- probably cannot be sustained, without our Mr. KYL addressed the Chair. gion, Americans received the tragic news efforts. The delegation returned convinced of The PRESIDING OFFICER. The Sen- that the plane carrying Commerce Secretary the value of that mission, for, as fragile as ator from Arizona. Ron Brown, 32 other Americans, and two the peace in Bosnia may be, the promise of Croatians had crashed near Dubrovnik, Cro- f peace, freedom and democracy for all the atia. Secretary Brown had been traveling in people of the former Yugoslavia—and the re- MORNING BUSINESS and around Bosnia with U.S. business leaders gional stability that would follow from that and Commerce Department officials as part Mr. KYL. Mr. President, on behalf of achievement—justify their pursuit. the leader, I ask unanimous consent of the American effort to help build demo- Several major findings—some of them con- that there now be a period for the cratic and economic institutions in the re- firmations of past ones—resulted from this gion so that a lasting peace might take hold visit. transaction of morning business with in the Balkans. After making schedule ad- Senators permitted to speak for up to 5 NATO military action, U.S. diplomacy, and justments, the delegation chose to go for- military implementation supporting that di- minutes each. ward with its planned visit to the region to plomacy stopped the war in Bosnia and have The PRESIDING OFFICER. Without honor Ron Brown’s vision and to send a clear been the primary deterrents to resumption objection, it is so ordered. signal to those struggling for peace in Bosnia of the war. that the United States remains committed f U.S. military and foreign service personnel to that mission. serve as models for the rest of the world; REPORT OF SENATE DELEGATION TOM DASCHLE. their professionalism under extraordinary VISIT TO BOSNIA ORRIN G. HATCH. circumstances should make every American HARRY REID. Mr. DASCHLE. Mr. President, during proud. SUMMARY Landmines pose a serious threat to U.S. the April recess, the Senator from Senators Daschle, Hatch, and Reid met and other peacekeeing forces as well as the Utah [Mr. HATCH], the Senator from with leading officials in Bosnia, Croatia, the civilian population in Bosnia. The United Nevada [Mr. REID], and I traveled to former Yugoslav Republic of Macedonia, Ser- States should actively seek an international Bosnia and other countries of the bia, Slovenia, Albania, and Hungary. In each ban on the use of anti-personnel landmines. former Yugoslavia as well as Albania country, the delegation gathered perspec- Regarding the military aspect of the Day- and Hungary to monitor developments tives on: (1) military implementation of the ton Peace Accord, IFOR has successfully car- related to implementation of the Day- Dayton Peace Accord; (2) civilian implemen- ried out its mandate thus far. Conditions for free and fair elections in ton peace accord and to visit United tation of the Dayton Peace Accord; (3) that country’s progress toward democratization; Bosnia have not yet been established. Nu- States troops stationed in Bosnia and merous concerns were heard regarding the the surrounding area. We have pre- and (4) that country’s progress toward pri- vatization and development of a market willingness of the dominant parties in the pared a report of our trip and submit it economy. In Bosnia, the FYROM, and Hun- three regions to allow free elections. for our colleagues’ and the public’s gary, the delegation visited U.S. military in- People throughout the Balkan region are consideration. It should be noted that stallations and met with troops stationed in concerned about the timing of IFOR’s depar- the situation in Bosnia is constantly the region. ture in light of problems related to imple- evolving and that the report reflects While perspectives on progress toward mentation of the civilian aspects of the Day- peace in Bosnia and the Balkans varied from ton accord and economic reconstruction. our findings based on developments While these concerns should be taken seri- through the period of our visit, which country to country, the delegation found there was general consensus around two ously, the ultimate success or failure of the ended on April 12, 1996. I ask unani- basic points: first, that NATO’s Implementa- Dayton accord—and the chance for sustained mous consent that the full report be tion Force (IFOR), led by the United States, peace in the region—will depend on the polit- printed in the RECORD. has been an unqualified success in terms of ical will of its signatories. There being no objection, the report stopping the war in Bosnia; and, second, The United States must continue to pres- was ordered to be printed in the that, while moving forward, implementation sure those signatories to commit themselves fully to that effort. RECORD, as follows: of the civilian and economic aspects of the Dayton accord has met with significant HUNGARY REPORT OF SENATE DELEGATION VISIT TO delay and difficulty. The delegation began its investigations in BOSNIA, APRIL 3–12, 1996 U.S. military and diplomatic leadership Hungary, host to 7000 American troops at INTRODUCTION were credited by virtually everyone in the three U.S. military installations, including A delegation from the United States Sen- region for progress that has been made in Taszar Airbase, the primary logistics center ate, consisting of Democratic Leader Tom Bosnia. Still, concerns persist about the and staging area for U.S. troops deployed in Daschle (D-SD), Senator Orrin G. Hatch (R- prospects for full implementation of the Bosnia. In meetings with the Deputy Foreign UT), and Senator Harry Reid (D-NV), met Dayton accord within the timeframes laid Minister, American troops at Taszar, busi- with leading officials in Bosnia and the other out in the plan. Officials stressed that key to ness leaders in Budapest, and U.S. Embassy countries of the former Yugoslavia—Croatia, successful implementation will be the efforts officials, the delegation explored issues re- the Former Yugoslav Republic of Macedonia of Serbian and Croatian leaders to garner the lated to implementation of the Dayton Peace (FYROM), Serbia, Slovenia—as well as Alba- commitment of Serbs and Croats within Bos- Accord, Hungary’s role in supporting the nia and Hungary from April 3 to April 12, nia to the borders agreed to in the Dayton military aspects of the accord, NATO expan- 1996. The delegation was authorized by the accord as well as human rights for all ethnic sion, and Hungary’s progress toward fulfill- joint leadership of the Senate to explore out- groups within those borders. ment of the country’s political and economic standing issues related to implementation of Morale among U.S. troops appeared to be goals. the Dayton Peace Accord formally signed on high, despite the fact that they are living Deputy Foreign Minister Istvan Szent- December 14, 1995, by President Alija and working under extremely difficult condi- Ivanyi told the delegation that, while imple- Izetbegovic of Bosnia and Herzegovina, tions. The servicemen and women with mentation of the military aspects of the President Slobodan Milosevic of Serbia and whom the delegation spoke understood and Dayton Peace Accord was proceeding in the Montenegro, and President Franjo Tudjman believed in the importance of their mission. right direction, he remained concerned about of Croatia in Dayton, OH. They also spoke highly of the cooperative implementation of the political aspects of The accord is based upon the tenet that spirit that has exemplified their relationship the accord. He expressed the view that the Bosnia will remain a single state within its with forces from Russia, Britain, France, and American and European military presence in internationally recognized borders, but that the other countries represented in IFOR. Bosnia has been essential to the restoration the state will be comprised of two entities— The delegation’s goals were to promote, of peace in the region and that continued the Bosnian Muslim-Croat Federation and and assess progress with respect to, full im- U.S. support of the peace effort will be essen- the Republika Srpska—with substantial au- plementation of the Dayton Peace Accord; to tial to maintenance of that peace and the

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6405 safe resettlement of war refugees, including solutely successful’’ and that civilian imple- clear that close monitoring of these factors ethnic Hungarians. He reported that Hun- mentation of the agreement has slowed and continued pressure on all sides to com- gary is fully cooperating with the War somewhat. Although he said he questions the ply with the Accord, including the removal Crimes Tribunal’s efforts to identify, locate, objectivity of the War Crimes Tribunal, of all indicted war criminals from political and prosecute perpetrators of war crimes in Milosevic stated that Serbia has cooperated power and their submission to the Hague, Bosnia. with the Tribunal and ‘‘will not protect war will be important to the long-term viability Szent-Ivanyi also stressed Hungary’s desire criminals.’’ While acknowledging that re- of the Muslim-Croat Federation and peace in to be included in the first round of can- spect for human rights is a ‘‘global issue,’’ he general. didates for NATO expansion and called for a called the situation in Kosovo ‘‘an internal The delegation was briefed on efforts to ‘‘normal integration process.’’ He also dis- matter.’’ Milosevic suggested that the inde- build the civilian police and criminal justice cussed with the delegation the upcoming of- pendent press in Serbia is thriving and that systems in Bosnia. The importance of having ficial opening of the International Law En- Serbian-FYROM relations would be normal- these systems in working order by the time forcement Academy in Budapest to combat ized in the near future. the NATO implementation force departs was organized crime. BOSNIA stressed. During a visit to the United States’ Inter- In its meeting with President Izetbegovic, SARAJEVO mediate Staging Base in Taszar, Hungary, the delegation discussed the President the delegation was briefed on the massive ef- The flight over Bosnia and into Sarajevo Izetbegovic’s perspective on the military and fort to deploy U.S. forces to Bosnia. Seventy- gave the delegation its first sense of the civilian implementation of the Dayton Peace five to 80 percent of the 18,000 U.S. troops magnitude of the devastation in that coun- Accord; ways to strengthen the Muslim- stationed in Bosnia have entered the country try, and the drives from the Sarajevo airport Croat Federation; progress toward free and through the staging area in Taszar since the through the city and through the Sarajevo fair elections; the importance of freedom of deployment began last December. suburbs revealed the reality of ‘‘ethnic the press; and efforts to ensure that borders Major General Walter H. Yates, Jr., Dep- cleansing’’ in a way that news reports can in the Dayton Accord, as well as the human uty Commanding General, V Corps, United only suggest. Burned and bombed buildings rights of all ethnic groups within those bor- States Army, Europe, advised the delegation lined the main street running through Sara- ders, are respected. The senators stressed the that the size and configuration of the U.S. jevo. The delegation’s visit to the ruins of importance of ensuring that all Iranian and deployment in Bosnia would be assessed the Sarajevo library, which was known as other foreign forces leave Bosnia. The dele- again in early summer and that any minor one of the most magnificent buildings in the gation congratulated Izetbegovic for his ef- adjustments that might be needed would be country was graphic evidence of the war’s forts to release prisoners under Muslim con- made at that time. He also reported that, devastating impact on Bosnia. Some have trol and reiterated the United States’ com- from a military perspective, all sides have proposed to leave the library as it currently mitment to a lasting peace and a multi- been in general compliance with the Dayton stands—if it can be stabilized structurally— ethnic Bosnia. Peace Accord. He concluded that the great- and turn it into a war memorial. Make-shift cemeteries in what were for- Tuzla Airbase est challenge facing the multinational force merly soccer fields and other public spaces After an aerial tour of the devastation of in Bosnia is the existence of 3 to 8 million served as sad reminders of the 200,000 countless Bosnian villages, the delegation landmines in that country. He added that Bosnians, including 10,000 Sarajevans, who was briefed by U.S. military personnel, led U.S. forces are encouraging, training, and died in the 41⁄2 year war. Still, the resump- by Major General William L. Nash, Com- monitoring the work of various factions to tion of activity all over Sarajevo served as manding General, First Armored Division, deactivate the mines. Finally, the group was evidence that peace is both hoped for and Operation Joint Endeavor, and Colonel John told that the Hungarian government has possible if all sides commit themselves to it. R. S. Batiste, Commander, Second Brigade, been especially helpful to U.S. military ef- At the U.S. Embassy, the delegation was First Armored Division, Operation Joint En- forts and that U.S. personnel at Taszar is briefed by Admiral Leighton W. Smith, Jr., deavor. They described a combat team even- seeking to further its cooperation with Hun- Commander in Chief, IFOR (Smith also ly distributed between the Republika Srpska gary and the local community at the mili- serves as Commander-in-Chief, Allied Forces and the Muslim-Croat Federation and tary, political, and civic levels. Southern Europe and Commander-in-Chief, stressed the importance of operating within Senator Daschle addressed the troops in U.S. Naval Forces), and by Embassy officials both entities in an even-handed, impartial attendance at the briefing, thanking them accompanied by various U.S. and inter- way and always reflecting the competence for their role in the mission and expressing national representatives charged with imple- and discipline that have given NATO the le- the support of the Senate. He and the entire mentation of various aspects of the Dayton gitimacy to make this operation a success. delegation also had a chance to visit with in- accord. The delegation also met with Presi- Batiste stated that IFOR operates on the dividual servicemembers. dent Alija Izetbegovic. premise that any violation of the peace ac- SERBIA AND MONTENEGRO Again, the delegation heard that the mili- cord demands an appropriate response. In Belgrade, the delegation met with Presi- tary aspects of the Dayton agreement had Colonel Batiste reported that contact be- dent Slobodan Milosevic, opposition leaders, been very successful, but that civilian imple- tween the Muslim, Croat, and Serb factions union leaders, members of the independent mentation of the agreement has proven more in Bosnia has become less confrontational press, and U.S. Embassy officials. Discus- complex. Of particular concern were efforts over time, but that civilian freedom of move- sions focused on Serbia’s compliance with to ensure the Muslim-Croat Federation in ment has been restricted by all factions and the Dayton agreement, cooperation with the Bosnia remains viable, ensure that the Bos- that this is a key area of concern. He stated War Crimes Tribunal, relations with other nian elections—at the municipality, canton, that exemplary U.S.-Russian troop coopera- republics of the former Yugoslavia, move- entity, and republic levels—are free, fair, tion has led to combined patrols and that the ment toward democratization and privatiza- and in full compliance with the Dayton U.S. military’s relationships with both tion, the situation in Eastern Slavonia, re- guidelines, and ensure the safe resettlement NATO and non-NATO countries involved in settlement of the Krajina Serbs, and of refugees from all ethnic groups as well as the mission has been excellent. progress toward a peaceful solution to the general freedom of movement. Reiterating what the delegation had heard disputes between the government and ethnic The delegation was told by international in Hungary, Colonel Batiste reported that Albanians in Kosovo. representatives at the Embassy briefing that one of the greatest challenges facing IFOR is In its meeting with President Slobodan Serb, Croat, and Muslim factions within Bos- the threat posed by remaining landmines. He Milosevic, the delegation reiterated and ex- nia all have been accused of varying degrees said there had been good cooperation in pressed strong support for U.S. policy con- of authoritarianism and violations of human clearing the minefields for which there are cerning normalization of relations with Ser- and civil rights and that concerns about Ser- records but that only 30 to 40 percent of the bia—that the ‘‘outer wall’’ of UN sanctions bian President Milosevic’s and Croatian mines are included in that category. He re- will remain in place until the Dayton agree- President Tudjman’s interests in pursuing a ported that, on the previous day, 68 mines in ment is fully and successfully implemented, ‘‘Greater Serbia’’ and a ‘‘Greater Croatia’’ the area had been cleared through the Mine Serbia has fully cooperated with the War persist. Nevertheless, most analysts reported Action Center in Tuzla. Only minutes after Crimes Tribunal’s effort to arrest and pros- that Milosevic and Tudjman appeared to be the delegation was given that information, ecute war criminals, and there is significant complying with the Dayton accord, though Colonel Batiste’s briefing was interrupted by progress in Kosovo. The delegation also limits on Serbian cooperation on the release a report that a Russian soldier had just lost pressed Milosevic on the need for progress of prisoners continues to pose a serious chal- his foot in a mine explosion. toward the development of democratic insti- lenge, and greater cooperation in turning Colonel Batiste stressed the importance of tutions, including a free and independent over war criminals remains wanting from the effort to ensure that the political and ci- media. The delegation stressed the impor- both leaders. Furthermore, many are con- vilian aspects of the Dayton accord are fully tance of normalization of Serbian-FYROM cerned that Bosnian Serb Army Commander implemented and to keep the economic re- relations. Ratko Mladic and Bosnian Serb President construction effort on track. He discussed Milosevic characterized developments Radovan Karadzic are still in control of the the difficulties related to the election proc- since the signing of the Dayton accord as Bosnian Serbs, and that Tudjman has been ess, since many, particularly Serbs, are unin- ‘‘pretty positive,’’ concluding that the mili- reluctant to disassociate himself from trou- formed about where they must vote (under tary aspects of the agreement have been ‘‘ab- bling actions by the Bosnian Croats. It is the Dayton agreement, all Bosnians’ voting

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6406 CONGRESSIONAL RECORD — SENATE June 18, 1996 eligibility is based on where they lived in the gram in Albania, adding that the construc- the difficulties the FYROM has faced in the spring of 1990 before the war began). The eco- tion of the ubiquitous bunkers had caused se- area of the schooling for ethnic Albanians nomic impact of Serb, Muslim, and Croat rious damage to Albania’s forests. and outlined the FYROM’s plan to increase army downsizing was also discussed, as were President Berisha added his voice to those the percentage of classes taught in the Alba- the ongoing effort at arms control within who rate the military implementation of the nian language. He also noted the importance Bosnia and the importance of the develop- Dayton accord as successful and the political of stabilizing the situation in Kosovo. ment of a professional, civilian police force. progress slow. He also provided an Albanian The delegation met with President Kiro The delegation was briefed on the medical perspective on the situation in Kosova, say- Gligorov and was pleased to learn both that facilities serving U.S. forces (every ing that Albania wants a peaceful solution he had recovered well from his injuries re- lodgement has a medic and a surgeon) and with Serbia. He defended Albania’s sulting from an assassination attempt sev- advised that environmental data collection Lustration law, arguing that Albania faced a eral months earlier, and that, during his ab- that might be needed in any follow-up health true ‘‘cultural genocide’’ at the hands of its sence from office, the FYROM government investigations has been vigorous. former rulers and that those barred from po- adhered strictly to its constitutional pre- Senators Daschle, Hatch, and Reid ad- litical candidacy may appeal that ruling if cepts. President Gligorov spoke of the resil- dressed the servicemen and women at the they can show that documents linking them iency of the Macedonian people and their briefing, acknowledging their personal sac- to abuses have been falsified. He addressed willingness to accept great personal sac- rifices and praising and thanking them for concerns about state-controlled media out- rifices to achieve independence and democ- the professionalism with which they are car- lets by saying that private entities are form- racy. He expressed his commitment to a rying out their mission. Members of the dele- ing and that state-controlled outlets will be peaceful, fair resolution of the Kosovo issue gation also had an opportunity to share a privatized as independent outlets develop. and, like Petkovski and Crvenkovski, noted lunch of soup and MREs (meals ready to eat) President Berisha expressed optimism that Albanians are active participants in with personnel from their respective states. about Greek-Albanian relations and dis- FYROM’s government. Gligorov spoke of his country’s two most basic challenges and ob- ALBANIA cussed the process in place for Albania’s up- coming elections. He concluded by saying ligations during the war in Bosnia were: to The delegation’s visit to Albania was that Albania’s greatest challenges are to do nothing to cause the expansion of the war marked by visual impressions as much as maintain the country’s fast economic growth to the south and to care for the FYROM’s in- verbal reports. As soon as the plane made its and continue to build its democratic institu- ternal stability. He noted that he had sub- descent, the American mental image of one tions. stantial support from the United States in of the world’s most closed societies was over- these efforts. Gligorov expressed the hope FORMER YUGOSLAV REPUBLIC OF MACEDONIA shadowed by the reality of a green, moun- that continued US-FYROM cooperation tainous countryside and a capital filled with (FYROM) would lead to his country’s integration into activity. Reminders of Albania’s past, in- The former Yugoslav Republic of Mac- NATO and the European Union. cluding 600,000 to 750,000 seven-ton concrete- edonia is the only former republic to make a The delegation traveled by helicopter to and-steel bunkers built to respond to the completely peaceful transition to independ- two U.S.-operated UNPREDEP observation perceived threat of simultaneous attacks ence, and, in virtually every discussion the posts along the Serbian border, meeting with from NATO and the Warsaw Pact, remain, delegation had with political leaders in that servicemembers at each post. Five hundred but the future is clearly Albania’s focus. country, a pragmatic and democratic atti- fifty U.S. troops are stationed in the FYROM In Tirana, in addition to sessions with the tude about how to approach problems and re- as part of this effort, first proposed by Presi- President and opposition leaders, the delega- solve disputes was reflected. The delegation dent Bush and later implemented by Presi- tion met with U.S. Embassy officials joined met with Tito Petkovski, President of the dent Clinton, to monitor the FYROM-Serbia by representatives of the U.S. Information Macedonian Parliament, Prime Minister border and prevent the Bosnian conflict from Agency and the U.S. Peace Corps mission in Branko Crvenkovski, and President Kiro spreading to the south. Albania. They were briefed on the repression Gligorov, as well as U.S. Embassy officials. SLOVENIA suffered by the Albanians for 40 years at the The discussions focused on implementation In addition to a briefing from U.S. Em- hands of dictator Enver Hoxha. It is esti- of the Dayton accord, the impact of poten- bassy officials, the delegation’s visit to Slo- mated that 25 to 30 percent of Albanian fami- tial instability in Bosnia and Kosovo on the venia, the most economically advanced lies experienced that repression—imprison- FYROM, the FYROM’s political process, ef- country of the former Yugoslavia, was ment, exile, torture, or execution—firsthand. forts to fully privatize the country’s econ- marked by meetings with President Milan Albania had been a bankrupted economy omy, and the FYROM’s relations with its Kucan, State Secretary Ignac Golob, and that for decades had outlawed private owner- neighbors. The delegation also visited two Prime Minister Janez Drnovsek. ship of cars, monitored the direction of peo- U.N. Preventative Deployment Force In the meeting with President Kucan, the ple’s television antennas, and declared itself (UNPREDEP) observation posts along the delegation discussed the historic roots of atheist, turning its largest Catholic cathe- Serbian border. Slovenia, which he described as a traditional dral into a basketball court to prove it. In Parliament President Tito Petkovski ad- identification with Austria-Hungary that April 1992, Albania elected a new president vised the delegation that Serbia and the has manifested itself in the Slovenian people and was on its way to filling its streets with FYROM had agreed within the previous 24 through individualism, realism, a strong cars and every other form of transportation, hours to establish full diplomatic relations, work ethic, and tolerance of different peo- tuning in to ‘‘CNN International,’’ erecting though the details of the agreement were not ples. He stated that Tito interrupted that coffeehouses on every city curb, privatizing fully available at the time of the meeting. tradition but that Slovenia has maintained its economy, and reducing inflation from 400 He said he was hopeful that the issue of his its Central European, rather than Balkan, percent to single digits. country’s name could be resolved with orientation. Certainly Albania faces serious challenges. Greece in the near future and noted that his With respect to the break-up of Yugo- According to the briefing team, reports of country has no other open problems with slavia, Kucan argued that, while Islam and discrimination against the ethnic Greek mi- Greece. Petkovski stressed the importance socialism had served as integrating elements nority continue; criminal justice and judi- of a lasting peace in Bosnia, saying that fail- beginning in 1918, there had been no ‘‘new cial reforms are needed; the state controls ure to fully implement the Dayton accord idea’’ to keep Yugoslavia unified beyond Albania’s electronic media; the civilian po- would threaten the FYROM’s stability. He those periods. He called that explanation an lice force is ill-trained; opposition parties thanked the delegation for the United oversimplification, but said he believed it complain the country’s ‘‘Lustration’’ law, States’ military cooperation and support of was a major factor in the former Yugoslav which bars certain former communist offi- FYROM’s efforts to develop democratic in- republics’ declarations of independence. cials and others from seeking political office stitutions and a stronger economy. Kucan called the Dayton agreement ‘‘a de- until 2002, is too broad; the military is se- Petkovski also briefed the delegation on the cisive point,’’ stating that the United States verely underfunded; and the country’s econ- parliament’s preparation of a new electoral had successfully interrupted the cycle of vio- omy and infrastructure have a long way to law and the current situation with respect to lence and ignorance. He reiterated what go. Still, they report that Albania has made political parties in the FYROM. many others had said about the roots of the significant progress toward the establish- Prime Minister Branko Crvenkovski de- conflict—that the war was not a civil or reli- ment of democracy. clared the UN military presence, led by a gious one, but an attempt to use In a meeting with the delegation, Albanian force of 550 Americans, to be an over- ultranationalism to create a ‘‘Greater Ser- President Sali Berisha reported that his ad- whelming success, arguing that such preven- bia’’ and, later, a ‘‘Greater Croatia’’ by ex- ministration has focused on efforts to pro- tive efforts are much more cost-effective porting the war to Bosnia-Herzegovina. mote fast growth, make possible integration than war, and predicted that the deployment Kucan stated that the U.S. presence has been into NATO and the European Union, and im- would serve as a prototype for other deploy- critical to the effort to prevent resumption prove educational opportunities within the ments. He discussed the impact on the of the war, he believes the ultimate success country. He thanked the delegation for U.S. FYROM’s economy of past UN sanctions of the Dayton accord will depend on a com- support for progress in Albania and reported against Serbia and stressed the importance mitment to that peace reflected in Belgrade that U.S.-Albanian military cooperation has of turning around the negative economic and Zagreb, and he called for continued U.S. been especially good. He also expressed trends that have been suffered by the Mac- and European pressure on Serbia and Croatia thanks for U.S.A.I.D.’s reforestation pro- edonian people. Crvenkovski acknowledged toward that end.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6407 Kucan also discussed Slovenia’s current saying that optimism is based on peace being ister Lewis’ greatest legacy and con- dispute with Italy over Slovene land that in Croatia’s strategic interest and the tribution to his countrymen, though, is was owned by Italians before 1945. The Bosnians having no other option. He sum- the leading role he took in opposing Slovene parliament was to consider a law to marily dismissed rumors of his willingness the dictatorial and criminal regime of ease restrictions on foreign ownership of to enter into an agreement with Serbian property later that day. (The parliament did President Milosevic to divide Bosnia. the former Panamanian strongman, later approve a proposal by the Spanish pres- Manuel Noriega. f idency of the European Union to resolve the Bringing Noriega to justice and hold- dispute. The Italians foreign ministry has re- GOOD SAMARITAN CENTER’S 50 ing him accountable for his illegal and sponded positively, but the final outcome of YEARS OF SERVICE immoral behavior took thousands of the issue, which rests in the Italian par- individuals to commit acts of great Mr. DASCHLE. Mr. President, I liament, remains uncertain.) courage. It took courage for Panama- would like to take this time to con- With State Secretary Golob of the Min- nian citizens to take to the streets and istry of Foreign Affairs, the delegation dis- gratulate the staff of the Good Samari- protest the regime of Noriega and to cussed the Kosovo issue. Golob shared the tan Center as they celebrate 50 years of face his riot police and organized thugs view of many others—that war in Kosovo service to the Tyndall community. The dubiously titled ‘‘Dignity Battalions’’; would destabilize the entire region and that center has provided quality care to sen- the foreign presence in the area—particu- and, it took courage for the young sol- ior citizens in the Tyndall area, and its larly that of the United States—is ‘‘ex- diers of the 82d Airborne and the 7th management and staff are to be com- tremely important.’’ He described the situa- Infantry Divisions to engage in combat mended for their hard work and dedica- tion in the former Yugoslavia as ‘‘com- with the well trained and equipped tion. plicated, but not hopeless,’’ and argued that Panamanian Defense Force. It took the price the international community is During my travels throughout South great courage for Minister Lewis to paying for the IFOR deployment is small Dakota, I am continually reminded of openly defy and condemn the govern- compared to the costs that would be associ- the importance of health care institu- ment of his nation, and to take Noriega ated with failure in Bosnia and a spread of tions in our rural communities. They the war. and his puppet advisers to task for at- provide important services to local Prime Minister Drnovsek also argued the tempting to quash democracy and ig- residents and help preserve our tight- legitimacy and importance of the U.S. role nore the basic civil rights of their citi- knit communities. in Bosnia. He acknowledged the challenges zens. Minister Lewis’ leadership in the the involvement poses for the United States The Good Samaritan Center in Tyn- international community during that in the short term, but expressed its long- dall is one of those institutions, and it time of crisis was just as critical to the term value in terms of the cost-effectiveness gives me great pride to be able to point successful outcome of Operation Just of prevention as well as the benefit of help- to such an exemplary South Dakota fa- Cause, and the arrest and conviction of ing small democracies develop in Central Eu- cility. For half a century, the center rope and the Balkans. He said, ‘‘You who Noriega as were the contributions has been an integral part of the Tyn- espouse democracy, and have enjoyed it for made by the people of Panama or the dall community, serving the elderly 200 years, have the opportunity to see people military personnel of the United with respect and compassion. Most im- who have lived for generations under tyr- States. portantly, the Good Samaritan Center anny, dictatorship, and communism now Mr. President, though I am sure that breathe freely under democracy. We, the ensures that its residents can continue those who know Minister Lewis are small struggling republics, could be like to live close to their friends and loved sorry to see him leave his post as For- you.’’ ones, and in the towns in which many eign Minister of the Republic of Pan- CROATIA of them have spent their entire lives. ama, I am pleased to note that our In addition to a briefing from the Ambas- The center can be very proud of its role friend is not leaving public service. sador and other U.S. Embassy officials in Za- in the Tyndall community. Recognizing an individual of unusual greb, the delegation met with Croatian Once again, I applaud the manage- President Franjo Tudjman to discuss characteristics and qualities, the Presi- ment and staff of the Good Samaritan progress related to implementation of the dent of Panama has appointed Gabriel Center on this important milestone. I Dayton Peace Accord, the prospects for long- Lewis to be his senior counsel, with know their next 50 years will be just as term peace in the region, and the investiga- cabinet rank. I am confident that Min- successful and rewarding. tion of the crash of Secretary Brown’s plane ister Lewis will continue to make in Dubrovnik. f The delegation thanked President many valuable contributions to the Tudjman for Croatia’s assistance in the TRIBUTE TO MINISTER GABRIEL people and nation of Panama through aftermath of the plane crash and expressed LEWIS this new position, and that he will also the delegation’s and the United States’ in- continue to work to maintain and fur- terest in continuing the mission that Sec- Mr. THURMOND. Mr. President, the ther strengthen the friendship between retary Brown started. The senators pressed United States and the Republic of Pan- our nations, as well as to further the Tudjman on the importance to U.S.-Croatian ama enjoy a long and strong relation- march of democracy throughout Latin relations of continued progress toward de- ship between our two nations, one that America. I wish him success in his mocratization and privatization. The delega- stretches back to the 1904 founding of tion also indicated that the United States work as senior counsel, and for a Panama. Since that time, these two speedy and complete recovery to his would be monitoring the following issues great American nations have worked over the next 6 to 18 months: continued sup- full health. together to build partnerships for port for the Muslim-Croat Federation, in- f cluding respect for Bosnia’s borders and pro- peace and prosperity that have not tection of human rights within those bor- only greatly benefited our respective THE VERY BAD DEBT BOXSCORE ders, and for peaceful resolutions of regional countries, but all the states of the Mr. HELMS. Mr. President, as of the disputes; fair treatment and resettlement of American continents. During these 92 close of business yesterday, Monday, Serbs who lived in Croatia before the war; years, Panamanian and American offi- June 17, the Federal debt stood at continued progress in Eastern Slavonia; and cials and citizens have built countless $5,137,826,225,531.03, which amounts to cooperation with the War Crimes Tribunal. friendships, and I rise today to share The delegation stated that the United States $19,306.97 per man, woman, and child on is looking to Croatia for leadership toward a with my colleagues the unfortunate a per capita basis. lasting peace in the region. news that a man most of us know and f Tudjman reported that good progress is like very much, Foreign Minister of being made in Eastern Slavonia, and sup- the Republic of Panama Gabriel Lewis, SETTING THE RECORD STRAIGHT ported the idea of Serb family reunification, is resigning his position due to illness. Mr. FORD. Mr. President, I am sure but said that it ‘‘would not be realistic’’ to Minister Lewis’ contributions to his that we all have high standards for ac- expect the return of all Serbs from that re- nation are well known and well re- curacy on this floor, and therefore I gion. He argued that Bosnian Croats have spected. He has served Panama faith- wish to comment on certain state- been more cooperative than Bosnian Mus- lims with respect to implementation of the fully and selflessly during his career, ments which have been made in recent Dayton agreement and pointed to recent and through his service, he has worked days. problems in Mostar to support that claim. to make his nation a better and strong- On June 7, the junior Senator from Still, Tudjman called himself ‘‘an optimist,’’ er place for its citizens. Perhaps Min- Oklahoma mistakenly represented that

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6408 CONGRESSIONAL RECORD — SENATE June 18, 1996 the Senate had voted on a version of JOHNSTON AMENDMENT H.R. 3448. A bill to provide tax relief for the balanced budget amendment in the The judicial power of the United States small businesses, to protect jobs, to create 103d Congress that was ‘‘identically the shall not extend to any case or controversy opportunities, to increase the take home pay same’’ as the version voted on in the arising under this article except for section 2 of workers, and for other purposes (Rept. No. 104–281). 104th Congress. He then mistakenly in- hereof, or as may be specifically authorized in implementing legislation pursuant to this f serted into the CONGRESSIONAL RECORD section. copes of two resolutions when he rep- EXECUTIVE REPORTS OF resented to be ‘‘the two resolutions NUNN AMENDMENT COMMITTEES that we voted on * * *.’’ The judicial power of the United States The following executive reports of In fact, he inserted into the RECORD shall not extend to any case or controversy committees were submitted: copies of the resolutions as introduced, arising under this article except as may be By Mr. THURMOND, from the Committee but not as amended and actually voted specifically authorized by legislation adopt- on Armed Services: on by the Senate. The two resolutions ed pursuant to this section. John W. Hechinger, Sr., of the District of which were ultimately voted on con- Mr. FORD. As the Senator from Columbia, to be a member of the National tained language differences concerning Georgia noted, all three amendments Security Education Board for a term of 4 judicial review. are similar. The Senator form Okla- years. The distinguished Senator from homa says the Danforth and Nunn (The above nomination was reported North Dakota and I had a colloquy amendments are ‘‘exactly the same with the recommendation that he be with the Senator from Oklahoma. As thing.’’ Yet last year he voted against confirmed, subject to the nominee’s we pointed out then, the language dif- the Johnston amendment, which also commitment to respond to requests to ferences were not the primary reasons dealt with judicial review. Perhaps the appear and testify before any duly con- for our votes in opposition to the bal- next time we are discussing identical stituted committee of the Senate.) anced budget amendment in the 104th proposals on the balanced budget f Congress. Our opposition stemmed amendment, the junior Senator from INTRODUCTION OF BILLS AND mainly from the dramatic change in Oklahoma can inform all of us con- JOINT RESOLUTIONS the interpretation of section 6 of the cerning what was so different about the The following bills and joint resolu- proposal concerning implementing lan- Johnston amendment on judicial re- tions were introduced, read the first guage—regarding the intention to view to justify his different positions. I and second time by unanimous con- count the annual surplus in the Social would think he would consider it to be sent, and referred as indicated: Security trust fund. However, since the the same exact language. The junior Senator from Oklahoma was attempt- Senator from Oklahoma continues to By Mr. BYRD: ing to portray the issue in a simple S. 1881. A bill to amend title 23, United try to make a silk purse out of a sow’s States Code, to make available for obliga- black-and-white fashion—as two votes ear. tion such sums as are necessary to pay the on identical proposals—we sought to f Federal share of completion of construction clarify for the RECORD that the rep- of the Appalachian development highway resentations he made were flat out MESSAGES FROM THE PRESIDENT system, and for other purposes; to the Com- wrong. Messages from the President of the mittee on Environment and Public Works. Last Friday, the junior Senator from United States were communicated to By Mr. DEWINE: S. 1882. A bill to amend chapter 89 of title Oklahoma again took the floor to dis- the Senate by Mr. Thomas, one of his cuss this matter. He stated that, after 5, United States Code, to include medical secretaries. foods as a specific item for which coverage all, the two resolutions really were EXECUTIVE MESSAGES REFERRED may be provided under the Federal Employ- ‘‘exactly the same thing’’ since both As in executive session the Presiding ees Health Benefits Program; to the Com- added language dealing with the issue Officer laid before the Senate messages mittee on Governmental Affairs. of judicial review. Therefore, even By Ms. SNOWE (for herself and Mr. from the President of the United though the language was different, cer- COHEN): States submitting sundry nominations tain Senators ‘‘turned right around and S. 1883. A bill to amend title 23, United which were referred to the appropriate actively opposed the same exact lan- States Code, to conform to State law the ve- committees. hicle weight limitations on certain portions guage in a balanced budget amend- (The nominations received today are of the Interstate System, and for other pur- ment’’ that they had earlier supported printed at the end of the Senate pro- poses; to the Committee on Environment and in 1994. ceedings.) Public Works. The junior Senator from Oklahoma By Mr. GRAMM: then quoted the distinguished Senator f S. 1884. A bill to provide a penalty of not less than 10 years imprisonment without re- from Georgia, Senator NUNN, who au- MEASURES REFERRED thored a 1995 amendment on judicial lease for damage by arson to houses of wor- review. What the Senator from Georgia The following resolution was read ship; to the Committee on the Judiciary. actually said on February 28, 1995 was and referred as indicated: f that his amendment on judicial review S. Res. 263. Resolution relating to church SUBMISSION OF CONCURRENT AND was ‘‘similar to the Danforth amend- burning; to the Committee on the Judiciary. SENATE RESOLUTIONS ment we agreed to last year and the f The following concurrent resolutions Johnston amendment, which was de- REPORTS OF COMMITTEE SUB- and Senate resolutions were read, and feated last week’’ by a vote of 47 to 52. MITTED DURING ADJOURNMENT referred (or acted upon), as indicated: I ask unanimous consent that the By Mr. LOTT (for himself, Mr. Danforth amendment from 1994 and the Pursuant to the order of the Senate of June 13, 1996, the following report DASCHLE, Mrs. HUTCHISON, Ms. Johnston and Nunn amendments from MOSELEY-BRAUN, Mr. FAIRCLOTH, Mr. was submitted on June 17, 1996, during 1995, each of which amends section 6 of LEVIN, Mr. HELMS, Mr. KEMPTHORNE, the balanced budget amendment, be the adjournment of the Senate: Mr. ABRAHAM, Mr. BIDEN, Mrs. printed in the RECORD at this point. By Mr. D’AMATO, from the Special Com- BOXER, Mr. BRADLEY, Mr. CHAFEE, There being no objection, the mate- mittee to Investigate Whitewater Develop- Mr. COCHRAN, Mr. COVERDELL, Mr. rial was ordered to be printed in the ment Corporation and Related Matters: D’AMATO, Mr. DODD, Mrs. FEINSTEIN, Special Report entitled ‘‘The Final Re- Mr. GRAMM, Mr. HARKIN, Mr. INHOFE, RECORD, as follows: port’’ (Rept. No. 104–280). Mr. KENNEDY, Mr. KERRY, Mr. LAU- DANFORTH AMENDMENT f TENBERG, Mr. LIEBERMAN, Mr. MCCON- The power of any court to order relief pur- NELL, Ms. MIKULSKI, Mr. MOYNIHAN, suant to any case or controversy arising REPORTS OF COMMITTEES Mr. MURKOWSKI, Mrs. MURRAY, Mr. under this Article shall not extend to order- NICKLES, Mr. PELL, Mr. SIMON, Mr. The following reports of committees ing any remedies other than a declaratory THOMPSON, Mr. THURMOND, Mr. WAR- judgment or such remedies as are specifi- were submitted: NER, and Mr. WELLSTONE): cally authorized in implementing legislation By Mr. ROTH, from the Committee on Fi- S. Res. 265. A resolution relating to church pursuant to this section. nance, with an amendment: burnings; considered and agreed to.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6409 By Ms. MOSELEY-BRAUN (for herself Mr. President, subsequent amend- fortunately, there are still children in and Mr. SIMON): ments to the act defined the 3,025 miles Appalachia who lack decent transpor- S. Res. 266. A resolution to congratulate the Chicago Bulls on winning the 1996 Na- that comprise the Appalachian Devel- tation routes to schools. There are still tional Basketball Association Championship opment Highway System. Unfortu- pregnant women, elderly citizens, and and proving themselves to be one of the best nately, today we find that while the others who lack timely road access to teams in NBA history; considered and agreed Interstate Highway System is virtually area hospitals. There are thousands of to. 100 percent complete, the Appalachian people who certainly find it very dif- f Development Highway System is only ficult to obtain sustainable, well-pay- 76 percent complete. Of the 3,025 miles STATEMENTS ON INTRODUCED ing jobs because of poor road access to BILLS AND JOINT RESOLUTIONS that comprise the Appalachian system, roughly 725 miles remain unfinished the major employment centers. By Mr. BYRD: S. 1881. A bill to amend title 23, more than 30 years after the system Mr. President, the people of Appa- United States Code, to make available was promised. lachia have waited long enough for the for obligation such sums as are nec- These unfinished miles, spread Federal Government to fulfill its com- essary to pay the Federal share of com- throughout the 13 States that have mitment to the Appalachian region. pletion of construction of the Appa- counties within the statutorily des- The bill I am introducing today will lachian Development Highway System, ignated boundaries of Appalachia, ensure that sufficient funds are set and for other purposes; to the Com- await completion. Those States include aside in the next major highway bill to mittee on Environment and Public Alabama, Georgia, Kentucky, Mary- complete the remaining 24 percent of Works. land, Mississippi, New York, North the Appalachian Development Highway THE APPALACHIAN DEVELOPMENT HIGHWAY Carolina, Ohio, Pennsylvania, South System. Carolina, Tennessee, Virginia, and SYSTEM COMPLETION ACT This bill takes a different approach West Virginia. All of West Virginia is Mr. BYRD. Mr. President, I rise from that of the prior authorization today to introduce the Appalachian De- within Appalachia. West Virginia is the acts for the Appalachian highway sys- velopment Highway System Comple- only State that is wholly within Appa- tion Act of 1997. This bill will ensure lachia. tem. The bill calls for direct contract that adequate funds will be disbursed While the completion of the Inter- authority to be made available from to complete the Appalachian Develop- state Highway System did play a role the highway trust fund to be distrib- ment Highway System by the year 2003, in the development of certain parts of uted to the States of the Appalachian some 38 years after the Federal Gov- Appalachia, the interstate system region solely for the purpose of com- ernment first committed itself to the largely bypassed the Appalachian re- pleting the 725 unfinished miles of the completion of this critical highway gion due to the extremely high costs Appalachian Development Highway network. associated with building roads through System. We are quickly approaching the expi- Appalachia’s rugged topography. As a ration of the funding authorizations result, the construction of the inter- One of the primary reasons why com- contained in the Intermodal Surface states had the detrimental effect of pletion of the Appalachian highway Transportation Efficiency Act, or drawing passengers and freight, and system has lagged behind that of the ISTEA as it is commonly referred to. their accompanying economic benefits, Interstate Highway System is because Our colleagues in the other body have away from the Appalachian region. the interstate system has benefited already begun hearings on the reau- This left the Appalachian region with a from the direct availability of highway thorization of ISTEA, and the Senate transportation infrastructure of dan- trust funds, while the Appalachian De- Environment and Public Works Com- gerous, narrow, winding roads that fol- velopment Highway System has been mittee will begin efforts toward that lowed the paths of river valleys and required to be financed largely through end in the next several months. As we streambeds between mountains. These incremental annual appropriations of approach the drafting of a new com- roads are, more often than not, two- general funds. prehensive multiyear highway bill, I lane roads that are required to be want to call the attention of my Sen- squeezed into very limited rights-of- Now, Mr. President, the Appalachian ate colleagues to the proposal to en- way. They are characterized by low Development Highway System is no sure that the Federal Government fi- travel speeds and long travel distances less deserving of highway trust funds nally fulfills its commitment to pro- due to the winding roadway pattern. than any other major arterial road sys- viding adequate highway access They were often built to inadequate de- tem. The 725 miles of the Appalachian throughout the Appalachian region. sign standards and, therefore, present Development Highway System that The necessity to expand highway ac- very hazardous driving conditions. await completion represent just 1.6 per- cess to spur the development of the Ap- For those areas where the Appa- cent of the size of our completed Inter- palachian region was first cited by the lachian Development Highway System state Highway System. They represent President’s Appalachian Regional Com- has been completed, we have seen stun- less than one-half of 1 percent of the mission of 1964, 32 years ago. The com- ning economic successes. The Appa- size of the National Highway System, mission’s report stated: lachian Regional Commission has com- just designated in law in 1995. It is cer- Developmental activities in Appalachia pleted surveys indicating that of the tainly high time that the funding cannot proceed until the regional isolation hundreds of thousands of jobs that mechanism for the Appalachian Devel- has been overcome by a transportation net- have been created in the Appalachian work which provides access to and from the opment Highway System be put on a rest of the Nation and within the region region over recent decades, over 80 per- cent of these jobs have been located par with those of other highway sys- itself. The remoteness and isolation of the tems of national significance that are region lying directly adjacent to the greatest along either the Appalachian highway concentration of people and wealth in the system or the Interstate Highway Sys- customarily funded through direct con- country are the very bases of Appalachian tem. tract authority from the trust fund. life. Penetration by an adequate transpor- We have seen this in West Virginia as The bill I introduce today also makes tation network is the first requisite of its we have seen it in each of the other 12 clear that funds provided to the Appa- full participation in industrial America. States that comprise the Appalachian lachian States for the completion of One year later, the Appalachian Re- region. Unfortunately, we have also gional Development Act of 1965 author- the Appalachian Development Highway seen that in those areas where the Ap- System will be provided in addition to ized several programs for the develop- palachian Development Highway Sys- the funds that those States will receive ment of the region, the first of which tem has not been completed, it is al- from the Federal aid highway program called for the construction of a new most impossible for communities to highway network. According to the compete for large employers due to for their customary purposes. These act, these highways ‘‘will open up an poor access to national markets. States should not be required to choose area or areas with a developmental po- Mr. President, the rationale behind between the maintenance of their tential where commerce and commu- the completion of the Appalachian interstate and other Federal highways nication have been inhibited by lack of highway system is no less sound today and the completion of the Appalachian adequate access.’’ than it was 32 years ago—in 1964. Un- system. It would not be fair to the

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6410 CONGRESSIONAL RECORD — SENATE June 18, 1996 States of the Appalachian region to plans can provide coverage for medical S. 1506 give with the one hand and take away foods.∑ At the request of Mr. ABRAHAM, the with the other. f names of the Senator from Alabama Under this bill, States will still be re- [Mr. SHELBY] and the Senator from quired to provide the standard 20 per- ADDITIONAL COSPONSORS Alabama [Mr. HEFLIN] were added as cent matching share for Federal funds S. 684 cosponsors of S. 1506, a bill to provide for the completion of these highways, At the request of Mr. HATFIELD, the for a reduction in regulatory costs by as is the case for all major Federal aid name of the Senator from Nevada [Mr. maintaining Federal average fuel econ- highway programs. The bill authorizes BRYAN] was added as a cosponsor of S. omy standards applicable to auto- the Secretary to distribute such sums 684, a bill to amend the Public Health mobiles in effect at current levels until as are necessary for the completion of Service Act to provide for programs of changed by law, and for other purposes. the Appalachian Development Highway research regarding Parkinson’s disease, S. 1632 System. and for other purposes. At the request of Mr. LAUTENBERG, The Appalachian Regional Commis- S. 794 the name of the Senator from Cali- sion, with the cooperation of the Fed- At the request of Mr. LUGAR, the fornia [Mrs. FEINSTEIN] was added as a eral Highway Administration, is cur- names of the Senator from Minnesota cosponsor of S. 1632, a bill to prohibit rently updating its estimate for the [Mr. GRAMS] and the Senator from Vir- persons convicted of a crime involving cost to complete the system. I antici- ginia [Mr. WARNER] were added as co- domestic violence from owning or pos- pate that when this bill is incorporated sponsors of S. 794, a bill to amend the sessing firearms, and for other pur- into next year’s highway legislation, it Federal Insecticide, Fungicide, and poses. will identify and authorize the appro- Rodenticide Act to facilitate the minor S. 1669 priate dollar figure that results from use of a pesticide, and for other pur- At the request of Mr. LOTT, the this ongoing study. poses. names of the Senator from Colorado I should point out, Mr. President, S. 949 [Mr. CAMPBELL] and the Senator from that the administration shares my goal At the request of Mr. GRAHAM, the Idaho [Mr. CRAIG] were added as co- for the completion of the Appalachian name of the Senator from Alaska [Mr. sponsors of S. 1669, a bill to name the Development Highway System in the MURKOWSKI] was added as a cosponsor Department of Veterans’ Affairs med- near term. I recently wrote to the of S. 949, a bill to require the Secretary ical center in Jackson, MS, as the President regarding my concern in this of the Treasury to mint coins in com- ‘‘G.V. (Sonny) Montgomery Depart- area. memoration of the 200th anniversary of ment of Veterans’ Affairs Medical Cen- OMB Director, Alice Rivlin, respond- the death of George Washington. ter’’. S. 1674 ing for the President, stated that it is S. 1035 At the request of Mr. GRASSLEY, the the administration’s goal to complete At the request of Mr. DASCHLE, the the construction of the system by the name of the Senator from Alaska [Mr. name of the Senator from Nebraska [Mr. EXON] was added as a cosponsor of year 2005. In response to my questions MURKOWSKI] was added as a cosponsor during a recent Transportation Appro- of S. 1035, a bill to permit an individual S. 1674, a bill to amend the Internal priations Subcommittee hearing, Sec- to be treated by a health care practi- Revenue Code of 1986 to expand the ap- plicability of the first-time farmer ex- retary Pena also signaled his support tioner with any method of medical ception. and cooperation. treatment such individual requests, Therefore, I urge all of my colleagues and for other purposes. S. 1729 to support this legislation. Our entire At the request of Mrs. HUTCHISON, the S. 1095 Nation has benefited from the improve- name of the Senator from California At the request of Mr. MOYNIHAN, the [Mrs. FEINSTEIN] was added as a co- ments brought about by the Appa- names of the Senator from Oregon [Mr. lachian Development Highway System sponsor of S. 1729, a bill to amend title WYDEN] and the Senator from Vermont and so, too, will we all benefit from its 18, United States Code, with respect to [Mr. JEFFORDS] were added as cospon- stalking. completion in the near future. sors of S. 1095, a bill to amend the In- S. 1740 ternal Revenue Code of 1986 to extend By Mr. DEWINE: At the request of Mr. NICKLES, the permanently the exclusion for edu- S. 1882. A bill to amend chapter 89 of names of the Senator from New Hamp- cational assistance provided by em- title 5, United States Code, to include shire [Mr. GREGG], the Senator from ployers to employees. medical foods as a specific item for Missouri [Mr. ASHCROFT], the Senator S. 1237 which coverage may be provided under from Washington [Mr. GORTON], the the Federal Employees Health Benefits At the request of Mr. HATCH, the Senator from Arizona [Mr. KYL], the Program; to the Committee on Govern- name of the Senator from Indiana [Mr. Senator from Utah [Mr. BENNETT], and mental Affairs. COATS] was added as a cosponsor of S. the Senator from Tennessee [Mr. MEDICAL FOODS LEGISLATION 1237, a bill to amend certain provisions FRIST] were added as cosponsors of S. ∑ Mr. DEWINE. Mr. President, I intro- of law relating to child pornography, 1740, a bill to define and protect the in- duce legislation that will clarify the and for other purposes. stitution of marriage. ability of fee-for-service plans in the S. 1400 S. 1808 Federal Employees Health Benefit Pro- At the request of Mrs. KASSEBAUM, At the request of Mr. MURKOWSKI, the gram [FEHBP] to provide coverage for the name of the Senator from Arkansas name of the Senator from Arkansas medical foods. [Mr. PRYOR] was added as a cosponsor [Mr. BUMPERS] was added as a cospon- Medical foods are a liquid formula of S. 1400, a bill to require the Sec- sor of S. 1808, a bill to amend the Act given to a patient under the super- retary of Labor to issue guidance as to of October 15, 1966 (80 stat. 915), as vision of a doctor in cases where pa- the application of the Employee Re- amended, establishing a program for tients cannot take solid foods to meet tirement Income Security Act of 1974 the preservation of additional historic their nutritional needs. Medical foods to insurance company general ac- property throughout the Nation, and are often used for patients with AIDS counts. for other purposes. or patients undergoing chemotherapy S. 1477 S. 1816 and have difficulty taking solid foods. At the request of Mrs. KASSEBAUM, At the request of Mr. BOND, the name So this bill would amend title 5 of the name of the Senator from Ten- of the Senator from Tennessee [Mr. the United States Code to include med- nessee [Mr. FRIST] was added as a co- FRIST] was added as a cosponsor of S. ical foods specifically in the list of sponsor of S. 1477, a bill to amend the 1816, a bill to expedite waiver approval items and services that can be covered Federal Food, Drug, and Cosmetic Act for the Wisconsin Works plan, and for by fee-for-service plans serving FEHBP and the Public Health Service Act to other purposes. beneficiaries. This legislation would improve the regulation of food, drugs, S. 1844 not mandate coverage of medical foods. devices, and biological products, and At the request of Mr. MURKOWSKI, the It simply clarifies that fee-for-service for other purposes. name of the Senator from Arkansas

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6411 [Mr. PRYOR] was added as a cosponsor other houses of worship as being totally in- the season and the playoffs, both on and off of S. 1844, a bill to amend the Land and consistent with fundamental American val- the court, at times giving the Bulls the emo- Water Conservation Fund Act to direct ues; and, tional lift they needed; and a study of the opportunities for en- (2) the Senate believes investigation and Whereas the regular season contributions prosecution of those who are responsible for of second year forward Dickey Simpkins and hanced water-based recreation and for fires at churches or other houses of worship, rookie forward Jason Caffey, and the con- other purposes. and especially any incidents of arson whose stant emotional lift provided by the injured S. 1856 purpose is to divide communities or to in- Jack Haley, both on the court and in prac- At the request of Ms. SNOWE, her timidate any Americans, should be a high tice, again demonstrated the total devotion name was added as a cosponsor of S. national priority. of Bulls personnel to the team concept that 1856, a bill to establish a commission to f has made the Bulls into one of the most dev- study and provide recommendations on astating basketball forces of modern times: SENATE RESOLUTION 266—TO CON- Now, therefore, be it restoring solvency in the Medicare Pro- GRATULATE THE CHICAGO Resolved, That the Senate congratulates gram under title XVIII of the Social BULLS the Chicago Bulls on winning the 1996 Na- Security Act. tional Basketball Association championship. Ms. MOSELEY-BRAUN (for herself S. 1879 and Mr. SIMON) submitted the following f At the request of Mr. MOYNIHAN, the resolution; which was considered and name of the Senator from Rhode Island AMENDMENTS SUBMITTED agreed to: [Mr. CHAFEE] was added as a cosponsor of S. 1879, a bill to amend the Internal S. RES. 266 Whereas the Chicago Bulls at 72–10, posted THE NATIONAL DEFENSE AUTHOR- Revenue Code of 1986 to provide for IZATION ACT FOR FISCAL YEAR 501(c)(3) bonds a tax treatment similar the best regular season record in the history of the National Basketball Association; 1997 to governmental bonds, and for other Whereas the Bulls roared through the play- purposes. offs, sweeping the Miami Heat and defeating SENATE RESOLUTION 263 the New York Knicks in five games; before GRASSLEY AMENDMENT NO. 4047 At the request of Ms. MOSELEY- sweeping the Orlando Magic to return to the Mr. GRASSLEY proposed an amend- NBA Finals for the first time in two years; BRAUN, the name of the Senator from ment to the bill (S.1745) to authorize Iowa [Mr. HARKIN] was added as a co- Whereas the Bulls displayed a potent of- fense, and what some consider to be their appropriations for fiscal year 1997 for sponsor of Senate Resolution 263, a res- military activities of the Department olution relating to church burning. best defense ever, throughout the playoffs before beating the Seattle Supersonics to of Defense, for military construction, f win their fourth franchise NBA champion- and for defense activities of the De- SENATE RESOLUTION 265— ship; partment of Energy, to prescribe per- RELATING TO CHURCH BURNINGS Whereas head coach Phil Jackson, who sonnel strengths for such fiscal year won his first Coach of the Year award, and for the Armed Forces, and for other Mr. LOTT (for himself, Mr. DASCHLE, the entire coaching staff skillfully led the purposes; as follows: Mrs. HUTCHISON, Ms. MOSELEY-BRAUN, Bulls through a record 72-win season and a Mr. FAIRCLOTH, Mr. LEVIN, Mr. HELMS, 15-3 playoff run; At the end of subtitle A of title X add the following: Mr. KEMPTHORNE, Mr. ABRAHAM, Mr. Whereas Michael Jordan, Scottie Pippen, and Dennis Rodman all were named to the BIDEN, Mrs. BOXER, Mr. BRADLEY, Mr. SEC. . FORCE MODERNIZATION FUNDED BY RE- NBA’s ‘‘All-Defensive Team’’, the first time DUCTIONS IN SPENDING FOR INFRA- CHAFEE, Mr. COCHRAN, Mr. COVERDELL, in 13 years that three players from the same STRUCTURE PROGRAMS. Mr. D’AMATO, Mr. DODD, Mrs. FEIN- team have been so named; (a) FUNDING FREEZE AT PROGRAMMED STEIN, Mr. GRAMM, Mr. HARKIN, Mr. Whereas Michael Jordan, in his first full LEVEL FOR FISCAL YEAR 1998.—The Secretary INHOFE, Mr. KENNEDY, Mr. KERRY, Mr. season after coming out of retirement, won of Defense shall ensure that the total LAUTENBERG, Mr. LIEBERMAN, Mr. his record eighth scoring title, his fourth amount expended for infrastructure pro- MCCONNELL, Ms. MIKULSKI, Mr. MOY- Most Valuable Player award, and was again grams for each of fiscal years 1998 through 2001 does not exceed $145,000,000,000. NIHAN, Mr. MURKOWSKI, Mrs. MURRAY, named playoff most valuable player (for the fourth time); (b) USE OF SAVINGS FOR FORCE MODERNIZA- Mr. NICKLES, Mr. PELL, Mr. SIMON, Mr. Whereas Scottie Pippen again exhibited his TION.—The Secretary of Defense shall take THOMPSON, Mr. THURMOND, Mr. WAR- outstanding offensive and defensive the actions necessary to program for pro- NER, and Mr. WELLSTONE) submitted versatility, proving himself to be one of the curement for force modernization for the fis- the following resolution; which was best all-around players in the NBA; cal years referred to in subsection (a) the considered and agreed to: Whereas the quickness, tireless defensive amount of the savings in expenditures for in- S. RES. 265 effort, and athleticism of the colorful Dennis frastructure programs that is derived from Whereas, there have been at least 156 fires Rodman, who won his fifth straight rebound- actions taken to carry out that subsection. ROTECTION OF PROGRAM FOR SPARE in houses of worship across the nation since ing title, keyed a Bulls front line that led (c) P PARTS AND TRAINING.—In formulating the fu- October 1991; the league in rebounding; Whereas, there have been at least 35 fires Whereas veteran guard Ron Harper, in ture-years defense programs to be submitted of suspicious origin at churches serving Afri- shutting down many of the league’s top to Congress in fiscal year 1997 (for fiscal year can-American communities in the last 18 point guards throughout the playoffs, dem- 1998 and following fiscal years), fiscal year months; onstrated the defensive skills that have 1998 (for fiscal year 1999 and following fiscal Whereas, these churches and houses of wor- made him a cornerstone of the league’s best years), fiscal year 1999 (for fiscal year 2000 ship are a vital part of the life of these com- defense; and following fiscal years), and fiscal year munities; Whereas center Luc Longley frustrated 2000 (for fiscal year 2001 and following fiscal Whereas, intentionally burning churches many of the all-star caliber centers that he years), the Secretary shall preserve the or other houses of worship is a very heinous faced in this year’s playoffs while at times growth in programmed funding for spare crime; providing a much needed scoring lift; parts and training for fiscal years 1998 Whereas, intentionally burning churches, Whereas Toni Kukoc, winner of the through 2001 that is provided in the future- when done to intimidate any American from league’s ‘‘Sixth Man’’ award, displayed his years defense program that was submitted to the free exercise of his or her rights as an awesome variety of offensive skills in both Congress in fiscal year 1996. American, is inconsistent with the First assisting on, and hitting, several big shots (d) REDUCTIONS TO BE SHOWN IN FISCAL Amendment of the United States Constitu- when the Bulls needed them most; YEAR 1998 FUTURE-YEARS DEFENSE PRO- tion, which guarantees every American the Whereas the laser-like three-point shoot- GRAM.—The future-years defense program right to the free exercise of his or her reli- ing of career three-point field goal percent- submitted to Congress in fiscal year 1997 gion, and which ensures that Americans can age leader Steve Kerr sparked many a Bulls shall reflect the programming for the reduc- freely and peaceably assemble together; and, rally; tion in expenditures for infrastructure pro- Whereas, intentionally burning churches, Whereas the outstanding shooting of Jud grams that is necessary to carry out sub- when done to intimidate any American from Buechler and Bill Wennington, and the tena- section (a) and the programming for force the free exercise of his or her rights, is a se- cious defense of Randy Brown, each of whom modernization that is required by subsection rious national problem that must be expedi- came off the bench to provide valuable con- (b). tiously and vigorously addressed. tributions, were an important part of each (e) GAO REVIEW OF FISCAL YEAR 1998 FU- Now, therefore, be it Resolved, That— Bulls victory; TURE-YEARS DEFENSE PROGRAM.—The Comp- (1) the Senate condemns arson and other Whereas John Salley and James Edwards troller General shall review the future-years acts of desecration against churches and provided valuable contributions throughout defense program referred to in subsection (c)

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6412 CONGRESSIONAL RECORD — SENATE June 18, 1996 and, not later than May 1, 1997, submit to vice and consent to the ratification of such a AUTHORITY FOR COMMITTEES TO Congress a report regarding compliance with treaty. MEET that subsection. The report shall include a (2) An assessment of the then current and discussion of the extent, if any, to which the projected safety and reliability of each type COMMITTEE ON AGRICULTURE, NUTRITION, AND compliance is deficient or cannot be of nuclear warhead that is to be maintained FORESTRY ascertained. in the active and inactive nuclear stockpiles Mr. THURMOND. Mr. President, I (f) INFRASTRUCTURE PROGRAMS DEFINED.— of the United States during the four succes- ask unanimous consent that the Com- For the purposes of this section, infrastruc- sive fiscal years following the fiscal year in mittee on Agriculture, Nutrition, and ture programs are programs of the Depart- which the report is submitted. Forestry Subcommittee on Research, ment of Defense that are composed of activi- (3) A description of the number and types Nutrition, and General Legislation be ties that provide support services for mission of nuclear warheads that are to be removed from the active and inactive stockpiles dur- allowed to meet during the session of programs of the Department of Defense and the Senate on Tuesday, June 18, 1996, operate primarily from fixed locations. In- ing those four fiscal years, together with a frastructure programs include program ele- discussion of the dismantlement of nuclear to discuss issues that affect the live- ments in the following categories: weapons that is planned or projected to be stock industry. (1) Acquisition infrastructure. carried out during such fiscal years. The PRESIDING OFFICER. Without (4) A description of the number and type of (2) Installation support. objection, it is so ordered. tests involving underground nuclear detona- (3) Central command, control, and commu- COMMITTEE ON COMMERCE, SCIENCE, AND tions that are planned to be carried out dur- nications. TRANSPORTATION ing those four fiscal years, if any, and a dis- (4) Force management. cussion of the justification for such tests. Mr. THURMOND. Mr. President, I (5) Central logistics. (c) TESTING BY UNITED KINGDOM.—Subject ask unanimous consent that the Com- (6) Central medical. to the same conditions as are set forth in mittee on Commerce, Science, and (7) Central personnel. paragraphs (1) through (4) of subsection (a) Transportation be allowed to meet dur- (8) Central training. for testing by the United States, the Presi- ing the Tuesday, June 18, 1996, session (9) Resource adjustments for foreign cur- dent may authorize the United Kingdom to rency fluctuations and Defense Logistics of the Senate for the purpose of con- conduct in the United States one or more ducting an oversight hearing on the Agency managed stock fund cash require- tests of a nuclear weapon within a period ments. covered by an annual report if the President Federal Communications Commission. (g) FUTURE-YEARS DEFENSE PROGRAM DE- determines that is in the national interest of The PRESIDING OFFICER. Without FINED.—As used in this section, the term ‘‘fu- the United States to do so. objection, it is so ordered. ture-years defense program’’ means the fu- (d) JOINT RESOLUTION OF DISAPPROVAL.— COMMITTEE ON ENVIRONMENT AND PUBLIC ture-years defense program submitted to For the purposes of subsection (a)(4), ‘‘joint WORKS Congress pursuant to section 221 of title 10, resolution’’ means only a joint resolution in- Mr. THURMOND. Mr. President, I United States Code. troduced after the date on which the com- ask unanimous consent that the full mittees referred to in subsection (b) receive Committee on Environment and Public DORGAN (AND OTHERS) the report required by that subsection the Works be granted permission to meet AMENDMENT NO. 4048 matter after the resolving clause of which is as follows: ‘‘Congress disapproves the report to consider pending business Tuesday, Mr. DORGAN (for himself, Mr. of the President on nuclear weapons testing, June 18, at 9:30 a.m., hearing room (SD– LEAHY, Mr. HARKIN, and Mr. BUMPERS) transmitted on pursuant to section of the 406). proposed an amendment to the bill, S. National Defense Authorization Act for Fis- The PRESIDING OFFICER. Without 1745, supra; as follows: cal Year 1997.’’ (the first blank being filled in objection, it is so ordered. On page 31, strike out line 2 and insert in which the date of the report). COMMITTEE ON THE JUDICIARY (e) IMPLEMENTATION OF TEST BAN TREA- lieu thereof the following: Mr. THURMOND. Mr. President, I TY.—If, with the advice and consent of the ‘‘$9,362,542,000, of which— ask unanimous consent that the Com- Senate to ratification of a comprehensive ‘‘(A) $508,437,000 is authorized for national mittee on the Judiciary be authorized nuclear test ban treaty, the United States missile defense;’’. enters into such a treaty, the United States to meet during the session of the Sen- may not conduct tests of nuclear weapons in- ate on Tuesday, June 18, 1996, at 10 a.m. KYL (AND REID) AMENDMENT NO. volving underground nuclear detonations to hold a hearing on oversight of the 4049 that exceed yield limits imposed by the trea- Department of Justice witness security ty unless the President, in consultation with Mr. KYL (for himself and Mr. REID) program. Congress, withdraws the United States from proposed an amendment to the bill, S. The PRESIDING OFFICER. Without the treaty in the supreme national interest. objection, it is so ordered. 1745, supra; as follows: (f) REPORT OF THE SUPERSEDED LAW.—Sec- COMMITTEE ON RULES AND ADMINISTRATION At the end of subtitle F of title X add the tion 507 of Public law 102–377 (106 Stat. 1343; following: 42 U.S.C. 2121 note) is repealed. Mr. THURMOND. Mr. President, I ask unanimous consent that the Com- SEC. . UNDERGROUND NUCLEAR TESTING CON- f STRAINTS. mittee on Rules and Administration be (a) AUTHORITY.—Subject to subsection (b), NOTICES OF HEARINGS authorized to meet during the session effective on October 1, 1996, the United COMMITTEE ON INDIAN AFFAIRS of the Senate on Tuesday, June 19, 1996, States may conduct tests of nuclear weapons Mr. MCCAIN. Mr. President, I would beginning at 9 a.m., and Wednesday, involving underground nuclear detonations like to announce that the Senate Com- June 19, 1996, beginning at 9:30 a.m. in a fiscal year if— mittee on Indian Affairs will meet dur- until business is completed, to hold a (1) the Senate has not provided advice and ing the session of the Senate on hearing on public access to Govern- consent to the ratification of a multilateral ment information in the 21st century, comprehensive nuclear test ban treaty; Wednesday, June 19, 1996, at 9:30 a.m. (2) the President has submitted under sub- to mark up title III of H.R. 3286, the with a focus on the GPO depository li- section (b) an annual report covering that Adoption Promotion and Stability Act brary program title 44. fiscal year (as the first of the fiscal years of 1996. The markup will be held in The PRESIDING OFFICER. Without covered by that report); room 485 of the Russell Senate Office objection, it is so ordered. (3) 90 days have elapsed after the submittal Building. f of that report; and COMMITTEE ON INDIAN AFFAIRS (4) Congress has not agreed to a joint reso- ADDITIONAL STATEMENTS lution described in subsection (d) within that Mr. MCCAIN. Mr. President, I would 90-day period. like to announce that the Senate Com- (b) REPORT.—Not later than March 1 of mittee on Indian Affairs and the Sen- TRIBUTE TO DANIEL HEALY AS each year, the President shall submit to the ate Committee on Banking, Housing, HE CELEBRATES HIS 50TH YEAR Committees on Armed Services and on Ap- and Urban Affairs will conduct a joint IN THE NEW HAMPSHIRE LEGIS- propriations of the Senate and the Commit- hearing during the session of the Sen- LATURE tees on National Security and on Appropria- ate on Thursday, June 20, 1996, begin- ∑ Mr. SMITH. Mr. President, I rise tions of the House of Representatives, in ning at 10 a.m. on title VII, American classified and unclassified forms, a report today to pay tribute to Daniel Healy as containing the following matters: Indian Housing Assistance, to H.R. he celebrates the completion of 50 (1) The status on achieving a multilateral 2406, the U.S. Housing Act of 1996. The years as a New Hampshire State law- comprehensive nuclear test ban treaty, un- hearing will be held in room 538 of the maker. Dan Healy is the longest serv- less the Senate has already provided its ad- Dirksen Senate Office Building. ing State legislator in the history of

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6413 New Hampshire and the United States. hood House initiated the celebration. owners like Dwight Heard and Alexander I commend him and thank him for his Juneteenth Day simultaneously pays Chandler, between those who favored federal long career of service to the Granite homage to the African-American strug- involvement and those who wanted Maricopa State. gle for freedom and equality, com- County or Arizona Territory to take control. Representative Healy, a Democrat memorates the end of slavery, and The man who made it all come to- from Manchester, currently holds the celebrates the rich and varied contribu- gether was Benjamin Fowler of Chi- honorary title of Dean of the House. tions of African-Americans to the fab- cago, who had moved west for his Mr. Healy is the longest serving State ric of American society. health. Fowler was a private citizen legislator in the history of New Hamp- This year, on the 25th anniversary of who was able, Sheridan says, to ‘‘talk shire and the United States. First Juneteenth Day in Milwaukee, the con- his fellow farmers into hammering out elected in 1944, he is the only person in tributions of several individuals were a plan the Government would ap- the state’s history to be elected 25 honored. I would like to take this op- prove.’’ In 1903, the Salt River Valley times to the New Hampshire House. portunity to extend special recognition Water Users’ Association—today’s Salt Dan is the son of an Irish immigrant, to Margaret Henningsen, whose exten- River project—was incorporated, and a attended Georgetown School of Law sive work in the community has complex yet workable public-private and began his career as a lawyer. He touched the lives of many, and to the partnership was born. Two years later, has seen the terms of 11 Presidents as memories of Jan Kemp-Cole, Terrance ground was broken on the site, and the well as 12 New Hampshire Governors. Pitts, and O.C. White, all of whom water control project commenced. In addition, he was a delegate to the made tremendous contributions to the Instead of calling for the huge ma- 1938, 1964, and 1974 constitutional con- Milwaukee community. The lives and sonry structure that was originally en- ventions. He has seen the beginning work of these individuals embody the visioned, the U.S. Geological Survey and the end of the cold war in office. spirit of Juneteenth Day: A celebration plan made use of a natural rock basin Daniel was serving the city of Man- of African-American achievement, cul- to create the dam. Conditions at the chester as it celebrated its 100th anni- ture, and history. Tonto Basin were gruelling: In the versary, and he is still serving as the Juneteenth celebrations throughout parching heat, laborers lowered them- city celebrates its 150th anniversary the Nation serve to reaffirm the ideals, selves off steep cliffs on lifelines in this year. Secretary of State Bill Gar- goals, and dreams of all African-Ameri- order to hack roads out of solid rock. cans. While much has been achieved in dener says of the 88-year-old Healy The setbacks were many. Temporary the years since President Lincoln that it is his ‘‘conservative nature and dams and flues were swept away by the signed the Emancipation Proclama- Yankee sensibility’’ that brought him floods of 1905. The transmission of elec- tion, the fight for equality continues success and longevity. trical current to run heavy equipment Daniel Healy’s career bears the and we must pursue the dream of Dr. caused one fatal accident; three others Martin Luther King, Jr., that all chil- marks of dignity and distinction from were drowned during construction of dren ‘‘not be judged by the color of its earliest days. He epitomizes the concrete bridges over the Grand Canal. their skin but by the content of their concept of public servant, faithfully But gradually, block by heavy block, character.’’ I invite my colleagues to representing his constituents for the the stone and concrete structure rose join me in celebrating Juneteenth Day, past 50 years. Their confidence in him 284 feet from the river bed. Hundreds of a day of freedom, pride, and dignity in is apparent as he completes his 25th geologists, stonecutters, zanjeros—gate the African-American community.∑ consecutive term in office. As he has operators,—laborers, and engineers had been in ill health, the 50th anniversary f reclaimed the Great American Desert, celebration marks his first visit to the THE THEODORE ROOSEVELT DAM turning Arizona’s unnavigable water- State House this year. His record of IN HISTORY ways into irrigation for fields of grain, public service to the State of New ∑ Mr. KYL. Mr. President, on March vegetables, cotton, and livestock. Hampshire is outstanding, having de- 18, 1911, Teddy Roosevelt stood at the Today, the Salt River project con- voted his life to serving the Granite conjunction of the Salt River and tinues the partnership of Arizona citi- State. The public trust has been and Tonto Creek in the Salt River Valley, zens and the Federal Government by continues to be safe in the hands of and pushed a button to release water operating the dam on behalf of the U.S. Dan Healy. from the dam that had been named Bureau of Reclamation. The SRP’s I commend Dan Healy for his long ca- after him. The harnessing of the Salt work has enabled the Roosevelt Dam, reer of excellence in public office. He is River 85 years ago created a lake that which, at 85, is 19 years older than Ne- a New Hampshire institution and I is 30 miles long, 4 miles wide, and a vada’s Hoover Dam, to keep up with would like to take this opportunity to tribute to the dogged determination of the times. The average family of four wish him well. I hope that New Hamp- turn-of-the-century engineers, political uses 325,851 gallons of water in 1 year. shire may continue to be blessed by his leaders, and residents of the local In- The recently completed renovation has faithful leadership and dedication.∑ dian and Anglo communities. At the increased the dam’s height and capac- f rededication of the dam this spring — ity, adding storage for flood control as well as enabling the facility to serve JUNETEENTH DAY the ceremony marked the completion of a 9-year makeover by the Salt River another 1.2 million in population. As ∑ Mr. KOHL. Mr. President, I would project—I and some 2,000 other Arizo- the valley’s population grows, and as like to join my fellow citizens of the nans gathered to celebrate this historic more and more recreational users flock State of Wisconsin in celebrating the accomplishment. to the camp grounds of Roosevelt 25th anniversary of Juneteenth Day in From this distance in time, it is easy Lake, the Roosevelt Dam bears out the Milwaukee, WI. Juneteenth Day com- to forget that harnessing water to vision of those who planned, risked, memorates the day on which the last make the desert bloom put American and sweated to bring it into existence.∑ slaves in the United States learned of political and technological ingenuity their freedom. While the Emancipation to a severe test. In the late 1800’s, east- f Proclamation, issued by President Lin- coast investors had first planned to TRIBUTE TO SHERIFF CHARLES A. coln on January 1, 1863, represents an build a masonry dam to tame the Salt FUSELIER, NATIONAL SHERIFF important step in the African-Amer- River, but they proved unable to raise OF THE YEAR ican population’s quest for freedom and the $3 million necessary for this vast equality, Juneteenth Day, or June 19, project. Only the Federal Government ∑ Mr. JOHNSTON. Mr. President, it is 1865, marks the final abolition of slav- could do it. Just as in our own day, with great pleasure that I rise to honor ery in the United States and thus occu- many different interests had to be rec- Sheriff Charles Fuselier who has been pies a special place in our Nation’s his- onciled before this mammoth effort named sheriff of the year by the Na- tory. could begin. As the historian Thomas tional Sheriffs’ Association. The re- The celebration of Juneteenth Day in Sheridan writes: nowned national Ferris E. Lucus Milwaukee, WI, dates back to 1971 Debate raged between farmers and specu- Award presented annually by the Na- when the staff at Northcott Neighbor- lators, between small farmers and large land- tional Sheriff’s Association, recognizes

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6414 CONGRESSIONAL RECORD — SENATE June 18, 1996 the accomplishments, outstanding pub- TRIBUTE TO DEAN KAMEN, NEW Hazel Trimble of St. Charles, MO, who lic service and strong leadership quali- HAMPSHIRE’S BUSINESS LEADER on June 16, 1996, celebrated their 50th ties of its recipient. Of the forty-two OF THE YEAR wedding anniversary. My wife, Janet, sheriffs in the Nation to have been ∑ Mr. SMITH. Mr. President, I rise and I look forward to the day we can nominated, Sheriff Fuselier holds the today to commend Dean Kamen, New celebrate a similar milestone. David distinction of being the first sheriff Hampshire’s Business Leader of the and Hazel’s commitment to the prin- from Louisiana to receive this most Year for 1996, president of DEKA Re- ciples and values of their marriage de- prestigious award. search and Development, and founder serves to be saluted and recognized. I wish them and their family all the best Sheriff Fuselier, who is currently of U.S. First. I congratulate him for his record of excellence in business and as they celebrate this substantial serving his fifth term in office, is a marker on their journey together.∑ very valuable resource both to St. Mar- community development. Business NH Magazine and the Asso- tin Parish and the State of Louisiana. f ciation of Chamber of Commerce Ex- He has demonstrated time and time ecutives sponsor an annual event to again his dedication to the citizens of TRIBUTE TO GIRL OF THE YEAR, recognize New Hampshire individuals KIM YARMO St. Martin Parish through his many and businesses making outstanding ∑ Mr. SMITH. Mr. President, I rise accomplishments which have touched contributions to industry and commu- today to recognize Kim Yarmo, a sixth- the lives of many people and had an nity. Each year the sponsoring group grader at Amherst Street School in overwhelmingly positive impact on the receives hundreds of nominations. The Nashua, NH, for receiving the honor of State as a whole. exceptional quality of the entries gives Girl of the Year Award from Girls, Inc. testimony to the strength of Granite When Sheriff Fuselier took office in Girls, Inc. is an organization open to State businesses and the New Hamp- 1980, the staff consisted of 28 deputies. girls between the ages of 5 and 18 and shire volunteer spirit. Currently, the sheriff’s office boasts a dedicated to the empowerment of Dean Kamen’s record of achievement 160 deputy staff. This is just one of the young women. The programs are de- is certainly worthy of this outstanding many instances where Sheriff Fuselier signed to help girls compensate for ne- honor. His inventions hold over 30 U.S. recognized a critical need and took the glect they sometimes suffer in the de- patents, he invented a life-saving 22- necessary steps to better serve the peo- velopment of skills in certain areas, pound portable kidney dialysis ma- ple of St. Martin Parish. Other exam- such as sports or subjects such as math chine, and he created a climate control ples of his leadership and dedication in- and science. Kim’s parents thought system used by NASA. Dean has been clude the establishment of law enforce- that the program would help her over- recognized by President Clinton for his come the difficulties of growing up ment centers, parish prisons and a spe- accomplishments and received the Hoo- with three brothers and no sister. cial emergency reaction team. Sheriff ver Medal, an international engineer- Selection for both Girl of the Month Fuselier has not only recognized the ing honor. and Girl of the Year is based upon sev- law enforcement needs of the parish Dean Kamen is a visionary who eral qualities: cooperative attitude, en- but also the individuals under his care wants to change the way children view thusiasm, steady attendance, positive with the implementation of an inmate science and technology. He would like attitude, leadership skills, and out- rehabilitation program. to see our Nation’s children emulate standing ability to interact with staff scientists as much as they do sports Due to his tireless efforts to enhance and peers. Kim was chosen by the local heroes. His award-winning and commu- the delivery of law enforcement serv- Girls, Inc. staff and all of the 4 to 500 nity-minded contribution for this year ices and combat the victimization of girls in the program as Girl of the is the U.S. First program designed to older persons, Sheriff Fuselier was in- Year. She was chosen from a group of inspire American children. Children strumental in creating the first TRIAD 12 girls who had been named Girl of the from across the Nation work with engi- program in the Nation in Louisiana. He Month during 1 of the past 12 months. neers and compete in a technological heard about the TRIAD concept at a Kim will represent Girls, Inc. at special version of ‘‘American Gladiators.’’ national FBI forum, knew it would events throughout the next year. Dean is working on a new project and Kim is known by her peers for her help the people of St. Martin Parish keeping it tightly under wraps, but I helping ways, including assisting her and began a TRIAD program within look forward to hearing about it in the peers with homework and reading. She weeks of having heard about it. Thus future. This is an outstanding record of is a responsible and caring young lady having earned the title ‘‘Father accomplishment for this 45-year-old who understands the definition of TRIAD,’’ he has also instructed and businessman. I wish to congratulate teamwork. Kim is a leader and I am moderated numerous TRIAD work- him for his recognition as New Hamp- proud to call her one of New Hamp- shops and seminars providing assist- shire’s Business Leader of the Year, shire’s own. ance to develop TRIAD programs and I am proud to call Dean Kamen my Young women like Kim are impor- throughout Louisiana and the Nation. friend.∑ tant to the future of New Hampshire Through his work on a myriad of law f and the future of this Nation. I con- enforcement task forces, study groups, gratulate her as the recipient of Girls, and commissions, Sheriff Fuselier has HONORING THE TRIMBLES FOR ∑ CELEBRATING THEIR 50TH WED- Inc.’s Girl of the Year award. made many very important contribu- DING ANNIVERSARY tions to the Louisiana Sheriffs’ Asso- f ciation and the National Sheriffs’ Asso- ∑ Mr. ASHCROFT. Mr. President, fami- lies are the cornerstone of America. SWISS BANKS AND GOLD LOOTED ciation. In fact, Sheriff Fuselier served BY THE NAZIS in every position of the Louisiana The data is undeniable: individuals ∑ Sheriffs’ Association and also in many from strong families contribute to the Mr. D’AMATO. Mr. President, I rise capacities on the National Sheriffs’ As- society. In an era when nearly half of today to discuss the role of Swiss sociation such as the crime prevention all couples married today will see their banks and their handling of gold looted committee and the national TRIAD ad- union dissolve into divorce, I believe it by the Nazis. On May 25, 1946, the Allies and Swit- visory board. is both instructive and important to honor those who have taken the com- zerland agreed to a treaty liquidating I congratulate Sheriff Fuselier on re- mitment of ‘‘till death us do part’’ seri- German property in Switzerland. In ceiving this very prestigious award and ously, demonstrating successfully the section II, paragraph 2 of the treaty, also on his contributions to the State timeless principles of love, honor, and Switzerland agreed to pay the Allies and national criminal justice system. fidelity. These characteristics make $250 million in Swiss francs payable on His achievements are truly an inspira- our country strong. demand, in gold in New York. This tion and the national sheriff of the For these important reasons, I rise treaty was the culmination of a very year award is well deserved.∑ today to honor Mr. David and Mrs. difficult negotiation with the Swiss,

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6415 who long refused to deal with the prob- (a) A thorough examination of the records With these facts in mind, the Allied Gov- lem of their banks, essentially, laun- of the German Reichsbank and intensive in- ernments should insist that the Swiss hand dering gold looted from all over Europe terrogations in Germany of high Reichsbank over immediately 185 million dollars worth by the Nazis. officials in a position to know the true facts of gold. Any bargaining between the Allies have determined the amount of hidden re- and Switzerland should only be with respect Yet, while the Swiss agreed to pay serves of gold held by the Reichsbank before to the difference between 185 million and 398 this sum, there was clearly more gold and during the war in addition to the pub- million. As to this, the Allies should take deposited in Switzerland by the Nazis lished reserves which were known to the the position that such difference should be during the war. As a February 5, 1946 world. turned over unless the Swiss are able to State Department document clearly (b) For the purpose at hand June 30, 1940 prove that such gold was either included in states, the amount agreed to in this has been chosen as the base date in order to Germany’s non-looted pre-war stocks or make the case as favorable as possible to the legitimatedly acquired after the beginning of treaty was far lower than the true Swiss and eliminate any uncertainty as to amount. At this time, I ask that this the war. legitimate acquisitions of gold by the Ger- It is possible that Switzerland will ask to document be printed in the RECORD. mans prior to their attack on the low coun- see the data upon which the figure rep- The document follows: tries. The Reichsbank’s total gold holdings resenting the minimum loot was based. If so, ALLIED CLAIM AGAINST SWISS FOR RETURN OF on that date were 232 million dollars. the Allied negotiators should agree to this (c) From the holdings shown above (232 LOOTED GOLD concession upon the condition that the Swiss million dollars), there must be subtracted an 1. It has been determined from available make available to Allied experts books, amount of 49 million dollars worth of loot records and other documents in their posses- ledgers of the German Reichsbank that a accumulated by the Reichsbank in the pre- total of at least 398 million dollars worth of sion relating to their gold stocks acquired ceding year, which gives a total of 183 mil- from Germany and the disposition of such gold was shipped to Switzerland by the Ger- lion dollars worth of non-looted gold stocks man Reichsbank during the war. This figure gold. However to avoid delays, such conces- held on June 30, 1940. sions should only be made after the Swiss does not include the following which, when (d) The only significant source of legiti- have agreed to turn over the initial 185 mil- verified and amounts definitely determined, mate gold still open to the Germans after lion dollars worth of gold. should also be taken up with the Swiss: June 1940 was Russia. German records show In taking the above position the Allied ne- (a) One additional shipment known to have that the total amount of gold received from gotiators should make it clear to the Swiss taken place after these books were closed Russia between the outbreak of war with Po- officials that the fact that specific looted and evacuated from Berlin. land and the attack on Russia was 23 million gold is no longer in Swiss possession does not (b) Other shipments believed to have taken dollars. Although it is clear that much of the place early in the war and to have been re- gold was received prior to June 30, 1940 and, operate to defeat the Allied claim or hinder corded in earlier ledgers of the German therefore, is undoubtedly included in the or impede the handing over of an equivalent Reichsbank which are not now available; German gold reserve figure for that date (183 amount of gold. The Swiss should be advised (c) An amount approximately 12 million million dollars), we are making the assump- that in cases where the original looted gold dollars worth of gold which the Germans tion most favorable to the Swiss and assum- has passed from Switzerland to another seized when they looted the Italian gold but ing that all 23 million was acquired after country and the Swiss Government has made delivered directly to the Swiss. June 30, 1940 and is, therefore, to be added to the equivalent amount of such gold available 2. It is perfectly possible that the entire the gold reserve shown on that date as addi- to the three named Allied powers, those pow- amount of 398 million dollars (or more) tional legitimate gold. The resultant total of ers will, insofar as is feasible, lend their as- worth of gold received by the Swiss from the 206 million dollars is the maximum possible sistance to the Swiss in obtaining the return German Reichsbank was looted gold because amount of non-looted gold available to the of the specific gold or an equivalent. How- of the following facts: German Reichsbank at any time after June ever, such offer of assistance is not to be un- (a) The large amounts of gold known to 1940. derstood or construed as a guarantee on the have been looted by the Germans from the (e) Subtracting from the total known ship- part of the three governments named. countries which they occupied in Europe be- ments to Switzerland (398) the portion of In the event that the Swiss Government fore and during the course of the war. It is those shipments which took place prior to should indicate its preference to settle the known that at least 579 million dollars worth the end of June 1940 (7 million) leaves an gold question by paying over a flat sum rath- of gold was looted by the Germans and made amount of at least 391 million dollars worth er than assume the burden of proof as is indi- available to the German Reichsbank. This of gold received by the Swiss thereafter, and cated herein above, any compromise figure figure represents a conservative tabulation the difference between this amount and the between 185 and 398 million which is agreed based upon the estimates of the countries maximum possible amount of non-loot avail- to by all of the Allied negotiators could be from which gold was looted and upon a care- able to the Germans in the same period (206) accepted. It would seem that 289 million ful examination of the records of the Ger- is 185 million dollars. would represent a reasonable settlement. mans. 4. On the fairest assumptions the amount German gold movements (estimate) of loot taken by the Swiss from Germany (b) The relatively small amounts of legiti- [From April 1938 to May 1945] mate gold available to them. can be estimated at 289 million dollars. (c) The very small proportion of the looted (a) It is unreal to assume, as was done Income Million Germany started the war gold which appears to have remained in Ger- above, in calculating the absolute minimum with estimated gold re- many at the end of the war or to have been figure of looted gold received by the Swiss serves of (Published gold disposed of in countries other than Switzer- from Germany that every ounce of non- reserves were only 29.) .... $100 land. The amount of such looted gold now looted gold available to the Germans was Taken over from: identified as being in Germany at the end of sent to Switzerland. (b) It is more realistic to assume that the Austria ...... 46.0 the war or disposed of to foreign countries Czechoslovakia ...... 16.0 other than Switzerland is only 169 million ratio of loot to total gold available to the Germans was reflected in all German gold Danzig ...... 4.0 dollars. These figures have been derived for a Poland ...... 12.0 complete inventory of the gold found in Ger- shipments including those to Switzerland. The total amount of gold available to the Holland ...... 168.0 many at the end of the war and a thorough Belgium ...... 223.0 Germans after June 30, 1940, as shown above, examination of the records of the Yugoslavia ...... 25.0 was 785 million dollars of which 579 million Reichsbank, including a detailed tracing of Luxembourg ...... 5.0 dollars or 74 percent was loot. Applying this the processing and disposition of more than France ...... 53.0 half of the gold originally looted. percentage to the total amounts received by Italy ...... 64.0 Subtraction of the loot thus traced to Ger- the Swiss it would appear likely that at least Hungary ...... 32.0 man war-end stocks and to third countries 289 million thereof was loot. (169) from the total loot (579) leaves 410 mil- ALLIED POLICIES FOR NEGOTIATIONS OF LOOTED Total ...... 748.0 lion dollars worth of loot or more than the GOLD QUESTION entire amount of the known shipments to It is definitely known that the Swiss re- Outgo Million Switzerland still to be accounted for. ceived at least 398 million dollars worth of Sold to Swiss National 3. Even if one makes the assumption, gold from Germany during the course of the Bank ...... $275 to 282.0 which is quite unrealistic but presents the war. Of this amount the absolute minimum Possibly sold to Swiss most favorable possible case for the Swiss, which is to be classified as loot is 185 million Commercial Banks be- that the shipments which they received in- dollars. In arriving at this calculation every fore 1942 ...... 20.0 cluded all of the non-looted gold available to doubt has been resolved in favor of the Washed through Swiss Na- the Germans during the war, there still re- Swiss. A more realistic approach indicates tional Bank depot ac- mains an absolute minimum of 185 million that the amount of looted gold taken by the count and eventually re- dollars of the gold taken by the Swiss from Swiss is closer to 289 million dollars, and ported to Portugal and the German Reichsbank which must have there is a possibility that all gold received Spain (larger part by far been looted. by the Swiss from Germany was looted. to Portugal) ...... 100.0

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 4624 Sfmt 0655 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6416 CONGRESSIONAL RECORD — SENATE June 18, 1996 Outgo Million position as principal of Goffstown High Ms. MOSELEY-BRAUN. Mr. Presi- Rumania ...... 32.5 School in Goffstown, NH. dent, on behalf of my colleague, Sen- Sweden ...... 18.5 Mr. Marston’s 15-year tenure as prin- ator SIMON, the city of Chicago, and Found in Germany (includ- ing 64 earmarked for cipal has been marked by his unfailing the State of Illinois, I rise to offer a Italy and 32 earmarked dedication to his students. His example Senate resolution commemorating the for Hungary) ...... 293.0 of excellence and integrity, set for his Chicago Bulls for winning the 1995–1996 Sold to or used in Balkan students, his teachers, and his commu- National Basketball Association Cham- countries and Middle nity, will endure long after his retire- pionship. East—mainly Turkey ..... 10.0 ment. He will be remembered as a true I say to my friend, Senator PATTY educator in every sense of the word. An MURRAY, that her great State of Wash- 752.0 educator’s job is about much more ington was well-represented in this than passing along information or championship series that ended last Swiss Gold Movements (Swiss official statement) keeping order in the classroom. An ed- Sunday. We should all applaud the Se- [From January 1, 1939 to June 30, 1945] ucator provides his students with the attle Supersonics for an excellent sea- Purchased from: tools they need to shape their future. son in which they won 64 games. I am Germany ...... $282.9 Bill treated each student as an indi- sure it will not be the last we will hear Portugal ...... 12.7 vidual and was always willing to go the of them. I am just delighted that this Sweden ...... 17.0 extra step to see a student succeed. happens to be the year of the Chicago Sold to: Educators like Bill are one of our Na- Bulls. Germany ...... 4.9 tion’s greatest treasures. They shape The Bulls have put together a truly Portugal ...... 116.6 remarkable season. There should no Spain ...... 42.6 the future of this Nation as they shape Turkey ...... 3.5 the mind and character of our young longer be any doubt that this Bulls team is the best basketball team in the Conclusions: (1) All gold that Germany people. Education and educators like sold after a certain date, probably from early Bill Marston give us hope for tomor- 49-year history of the NBA. Yes, the 1943 on, was looted gold, since her own re- row. The young people whose lives our best ever. One need look no farther serves, including hidden reserves with which Nation’s educators touch each day will than the numbers. The Bulls finished she started the war, were exhausted by that be the leaders of tomorrow. It is the ed- the regular season with an unprece- time; (2) out of $278,000,000-worth of gold that ucator who sparks interest in physics dented record of 72–10. They roared Switzerland purchased from Germany, the or makes civics come alive for the stu- through the playoffs, losing only three larger part was looted gold; in addition, dent. They equip the future scientists games in four playoff rounds. Their Switzerland has taken $100,000,000 looted and inspire the future writers of this final record is a truly unbelievable 87– gold in deposit, which later on was re-ex- 13. There has never been a team that ported to Spain and Portugal for German ac- Nation. As a former teacher myself, I count; (3) among the gold that the Swiss sold have seen the impact educators can has so dominated professional basket- during the war to Portugal, Spain, and Tur- have on the lives of students. Teachers ball at both ends of the court like this key, there could have been looted German are, in many ways, the keepers of our year’s Bulls. gold; (4) the gold that Switzerland bought Nation’s future, holding the promise of Coach Phil Jackson once stated that, from Sweden during the war could theoreti- tomorrow in their hands. ‘‘Basketball is a sum of parts that cally be German looted gold; monetary ex- By all accounts, Bill Marston has sometimes are greater than the whole perts all over the world (Switzerland has been an exemplary educator, both as * * * we try to get the concept to the monetary experts at her disposal) knew, or teacher and as administrator. The job team that you are only as strong as ought to have known, roughly the figures your weakest link.’’ Coach Jackson’s and movements as contained in the above es- of an administrator is not always an timate—certainly they knew the gold hold- easy one. By keeping the best interests philosophy of teamwork has resonated ings and gold reserves of the German of the students at heart, Bill set an ex- with the players on this team. From Reichsbank. Switzerland therefore was lack- ample he can be proud of. Bill, how- Michael Jordan down to the last player ing good faith. In addition, she was warned ever, was more than an administrator. on the bench, each member know his that all Germany’s own pre-war gold stocks He was a leader. He always acted with role, accepted it, and worked for the had been used up by mid-1943 at the latest integrity and earned the respect of his good of the team. They worked hard in and therefore all the gold then in the posses- community. The influence of his lead- practice, meshed their various talents sion of Germany must be presumed to be and selflessly played together for team, looted gold. ership will surely be felt long after his not individual, achievements. Mr. D’AMATO. As one can see, the retirement. I commend Bill Marston for his ca- As is the case with all great teams amount of gold, estimated by this re- reer of distinction in the field of edu- however, when the team is successful, port is said to be $398 million, $148 mil- cation. New Hampshire is fortunate to individuals stand out as well. Michael lion more than the treaty amount. A have such a talented and dedicated ed- Jordan, the greatest basketball player possible reason for the difference can ucator shaping its future generation.∑ on this planet, was named the league’s be laid upon the Swiss because they most valuable player for the regular would not agree to give up more than f season, for the playoffs, and for the all- $250 million. CONGRATULATING THE CHICAGO star game, something that has never I would like to know what happened BULLS ON WINNING THE 1996 NA- been done before. Dennis Rodman won to the other $148 million, or more, that TIONAL BASKETBALL ASSOCIA- the rebounding title. The sixth man of apparently was kept by the Swiss. I am TION CHAMPIONSHIP the year award went to Toni Kukoc. quite sure that the other nations of Eu- Mr. KYL. Mr. President, I ask unani- Coach Jackson was honored as Coach rope who had their gold looted from mous consent that the Senate proceed of the Year. And three members—Jor- them by the Nazis and sent to Switzer- to the immediate consideration of S. dan, Rodman, and Scottie Pippen— land, not to mention the individual Res. 266, submitted earlier today by were named to the All-Defensive Team. citizens who had gold taken from them, Senators MOSELEY-BRAUN and SIMON. Basketball teams around the country would like to know where that gold is The PRESIDING OFFICER. The have hung banners in their arenas com- today. Only the Swiss know and they clerk will report. memorating championship seasons. Un- aren’t talking.∑ The legislative clerk read as follows: doubtedly, some of those team pos- f A resolution (S. Res. 266) to congratulate sessed more Hall of Famers or had the Chicago Bulls on winning the 1996 Na- more individual talent. But this year’s TRIBUTE TO BILL MARSTON ON tional Basketball Association Championship Chicago Bulls team has amassed a HIS RETIREMENT AS PRINCIPAL and proving themselves to be one of the best record of success that ranks as the best OF GOFFSTOWN HIGH SCHOOL teams in NBA history. of all-time. We are so proud that the ∑ Mr. SMITH. Mr. President, I rise The PRESIDING OFFICER. Is there city of Chicago is associated with the today to pay tribute to an outstanding objection to the immediate consider- mark of excellence and perfection that individual as he nears the end of a 40- ation of the resolution? this Bulls team has shown. year career as an educator. Bill There being no objection, the Senate The values of team, hard work, and Marston retires this month from his proceeded to consider the resolution. both physical and mental toughness

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — SENATE S6417 that the Bulls embody has brought Whereas the outstanding shooing of Jud read a third time, passed, the motion them fans all across the country—in Buechler and Bill Wennington, and the tena- to reconsider be laid upon the table, every State in the union. It is therefore cious defense of Randy Brown, each of whom and that any statements relating to particularly fitting that the Senate came off the bench to provide valuable con- the bill be placed at the appropriate tributions, were an important part of each recognize the special nature of the Bulls victory; place in the RECORD. Bulls achievement. I, therefore, strong- Whereas John Salley and James Edwards The PRESIDING OFFICER. Without ly urge my colleagues to join with my provided valuable contributions throughout objection, it is so ordered. distinguished senior colleague, Senator the season and the playoffs, both on and off The bill (H.R. 3029) was deemed read SIMON, and me, and to vote to approve the court, at times giving the Bulls the emo- the third time and passed. tional lift they needed; and this resolution commending the Chi- f cago Bulls for their fourth NBA cham- Whereas the regular season contributions of second year forward Dickey Simpkins and APPOINTMENT BY THE PRESIDENT pionship. rookie forward Jason Caffey, and the con- Mr. KYL. Mr. President, I ask unani- stant emotional lift provided by the injured OF THE SENATE mous consent that the resolution and Jack Haley, both on the court and in prac- The PRESIDING OFFICER. The preamble be agreed to, and the motion tice, again demonstrated the total devotion chair, on behalf of the President of the to reconsider be laid upon the table, of Bulls personnel to the team concept that Senate, pursuant to Public Law 85–874, and that any statements relating has made the Bulls into one of the most dev- as amended, appoints the Senator from astating basketball forces of modern times: thereto be placed in the RECORD at the Wyoming [Mr. SIMPSON] to the Board of appropriate place as if read. Now, therefore be it Resolved, That the Senate congratulates Trustees of the John F. Kennedy Cen- The PRESIDING OFFICER. Without the Chicago Bulls on winning the 1996 Na- ter for the Performing Arts. objection, it is so ordered. tional Basketball Association championship. The resolution (S. Res. 266) was f agreed to. f ORDERS FOR WEDNESDAY, JUNE The preamble was agreed to. E. BARRETT PRETTYMAN UNITED 19, 1996 The resolution, with its preamble, STATES COURTHOUSE reads as follows: Mr. KYL. Finally, Mr. President, I Mr. KYL. Mr. President, I ask unani- ask unanimous consent that when the S. RES. 266 mous consent that the Committee on Senate completes its business today it Whereas the Chicago Bulls at 72–10, posted Environment and Public Works be dis- the best regular season record in the history stand in adjournment until the hour of of National Basketball Association; charged from further consideration of 9 a.m., Wednesday, June 19; further, Whereas the Bulls roared through the play- H.R. 3029, and, further, that the Senate that immediately following the prayer, offs, sweeping the Miami Heat and defeating proceed to its immediate consider- the Journal of proceedings be deemed the New York Knicks in five games, before ation. approved to date, no resolutions come sweeping the Orlando Magic to return to the The PRESIDING OFFICER. Without over under the rule, the call of the cal- NBA Finals for the first time in two years; objection, it is so ordered. The clerk endar be dispensed with, the morning Whereas the Bulls displayed a potent of- will report. fense, and what some consider to be their hour be deemed to have expired, and best defense ever, throughout the playoffs A bill (H.R. 3029) to designate the United the time for the two leaders be re- before beating the Seattle Supersonics to States courthouse in Washington, District of served for their use later in the day, win their fourth franchise NBA champion- Columbia, as the ‘‘E. Barrett Prettyman and the Senate then resume consider- ship; United States courthouse.’’ ation of S. 1745, the Department of De- Whereas head coach Phil Jackson, who The PRESIDING OFFICER. Is there fense authorization bill, and the pend- won his first Coach of the Year award, and objection to the immediate consider- the entire coaching staff skillfully led the ing Dorgan amendment as under the ation of the bill? previous consent agreement. Bulls through a record 72-win season and a There being no objection, the Senate 15–3 playoff run; The PRESIDING OFFICER. Without Whereas Michael Jordan, Scottie Pippen, proceeded to consider the bill. objection, it is so ordered. and Dennis Rodman all were named to the Mr. WARNER. Mr. President, I would f NBA’s ‘‘All-Defensive Team’’, the first time urge the Senate to formally consider in 13 years that three players from the same and pass H.R. 3029, designating the U.S. PROGRAM team have been so named; courthouse at 3d and Constitution Ave- Whereas Michael Jordan, in his first full nue in Washington, DC, the E. Barrett Mr. KYL. Mr. President, for the in- season after coming out of retirement, won Prettyman United States Courthouse. formation of all Senators, on behalf of his record eighth scoring title, his fourth Following my graduation from the the leader, again, there will be 15 addi- Most Valuable Player award, and was again University of Virginia Law School in tional minutes of debate on the Dorgan named playoff most valuable player for the 1953, I was privileged to serve as a law amendment tomorrow morning, with a fourth time); vote to occur on or in relation to the Whereas Scottie Pippen again exhibited his clerk under E. Barrett Prettyman, cir- outstanding offensive and defensive cuit judge, U.S. Court of Appeals for amendment at approximately 9:15—a versatility, proving himself to be one of the the District of Columbia. He later be- vote on the Dorgan amendment at ap- best all-around players in the NBA; came Chief Judge of the Circuit Court proximately 9:15. As a reminder to all Whereas the quickness, tireless defensive of Appeals for the District of Columbia. Senators, rollcall votes will be strictly effort, and athleticism of the colorful Dennis Known as the ‘‘Swing Man’’ of the limited to 20 minutes in length. All Rodman, who won his fifth straight rebound- nine-member court, Prettyman was re- Senators should be reminded of this ing title, keyed a Bulls front line that lead early morning vote, and to be prompt. the league in rebounding; nowned for an emphasis on thoughtful- Whereas veteran guard Ron Harper, in ness and fairness in the rendering of Additional amendments are expected shutting down many of the league’s top his decisions. In perhaps his best to the Department of Defense bill on point guards throughout the playoffs, dem- known opinion, Prettyman opted to Wednesday. Therefore, Senators can onstrated the defensive skills that have help protect international stability and expect rollcall votes throughout the made him a cornerstone of the league’s best preserved the State Department’s right day. defense; Whereas center Luc Longley frustrated to bar travel by United States citizens f to certain areas, such as Red China. many of the all-star caliber centers that he ADJOURNMENT UNTIL 9 A.M. The Supreme Court later upheld this faced in this year’s playoffs while at times TOMORROW providing a much needed scoring lift; decision. Whereas Toni Kukoc, winner of the I can think of no better qualified or Mr. KYL. Mr. President, if there is no league’s ‘‘Sixth Man’’ award, displayed his more lasting tribute to such a fine, further business to come before the awesome variety of offensive skills in both honorable public servant than to name Senate, I now ask that the Senate assisting on, and hitting, several big shots the U.S. Courthouse in the Nation’s stand in adjournment under the pre- when the Bulls needed them most; Whereas the laser-like three-point shoot- Capital the ‘‘E. Barrett Prettyman vious order. ing of career three-point field goal percent- Federal Courthouse.’’ There being no objection, the Senate, age leader Steve Kerr sparked many a Bulls Mr. KYL. Mr. President, I ask unani- at 6:35 p.m., adjourned until Wednes- rally; mous consent that the bill be deemed day, June 19, 1996, at 9 a.m.

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6418 CONGRESSIONAL RECORD — SENATE June 18, 1996 NOMINATIONS MARC C. JOHNSON, OF THE DISTRICT OF COLUMBIA LINE CHRISTOPHER A. LANDBERG, OF WASHINGTON Executive nominations received by SCOTT D. MC DONALD, OF FLORIDA BRIAN K. BAKSHAS, 000–00–0000 the Senate June 18, 1996: EDWARD VINCENT O’BRIEN, OF FLORIDA TARA B. BEEDLE, 000–00–0000 EDWARD W. O’CONNOR, OF PENNSYLVANIA JOHN J. BELL, 000–00–0000 NATIONAL FOUNDATION ON THE ARTS AND THE DERRICK MEYER OLSEN, OF OREGON MICHAEL L. BENNETT, 000–00–0000 HUMANITIES MICHAEL JOSEPH PETRUCELLI, OF MARYLAND MICHAEL S. BRAIBISH, 000–00–0000 PATRICK ROBERT QUIGLEY, OF FLORIDA LARRY R. BROADWELL, JR., 000–00–0000 AYSE MANYAS KENMORE, OF FLORIDA, TO BE A MEM- JENNIFER ANN RICHTER, OF PENNSYLVANIA GRETA M. CISSEL, 000–00–0000 BER OF THE NATIONAL MUSEUM SERVICES BOARD FOR A CYNTHIA CORBIN SHARPE, OF TEXAS JAMES H. CUNNINGHAM III, 000–00–0000 TERM EXPIRING DECEMBER 6, 2000. (REAPPOINTMENT) KATHLEEN S. SHEEHAN, OF MASSACHUSETTS PATRICK C. DALEY, 000–00–0000 CATHERINE ANN SHUMANN, OF NEW JERSEY SCOTT C. FROMM, 000–00–0000 EXECUTIVE OFFICE OF THE PRESIDENT RAYMOND DANIEL TOMA, JR., OF MICHIGAN WILLIAM F. FRY, 000–00–0000 PATRICIA M. MCMAHON, OF NEW HAMPSHIRE, TO BE PAMELA M. TREMONT, OF TEXAS DONALD J. GREGSON, 000–00–0000 DEPUTY DIRECTOR FOR DEMAND REDUCTION, OFFICE OF JAMES J. TURNER, OF MARYLAND SHANNON M. HADDAD, 000–00–0000 NATIONAL DRUG CONTROL POLICY, VICE FRED W. GAR- THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN EDWARD G. HASKELL, JR., 000–00–0000 CIA. SERVICE OF THE U.S. INFORMATION AGENCY AND THE AMY S. HENDERSON, 000–00–0000 DEPARTMENT OF STATE TO BE CONSULAR OFFICERS MARK G. HUHTA, 000–00–0000 FOREIGN SERVICE AND/OR SECRETARIES IN THE DIPLOMATIC SERVICE OF DANIEL G. JACOBSON, JR., 000–00–0000 THE UNITED STATES OF AMERICA, AS INDICATED: ERIC A. KNUDSON, 000–00–0000 THE FOLLOWING-NAMED PERSONS OF THE AGENCIES CONSULAR OFFICERS AND SECRETARIES IN THE DIP- THOMAS J. LANG, JR., 000–00–0000 INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: PATRICK J. LAVERTY, 000–00–0000 FICERS OF THE CLASSES STATED, AND ALSO FOR THE SCOTT H. MAYTAN, 000–00–0000 OTHER APPOINTMENTS INDICATED HEREWITH: AMANDA L. BLANCK, OF MISSOURI PATRICK W. BOYDEN, OF INDIANA MARK W. MURRAY, 000–00–0000 FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF JEFFREY R. OWEN, 000–00–0000 CLASS TWO, CONSULAR OFFICERS AND SECRETARIES IN BRUCE W. BRETT, OF VIRGINIA DAVID H. CANNON, OF CALIFORNIA AMY L. PEPPER, 000–00–0000 THE DIPLOMATIC SERVICE OF THE UNITED STATES OF STEVEN M. PERRY, 000–00–0000 AMERICA: ROBERT W. CHAPMAN, OF VIRGINIA RICHARD K. CHOATE, OF VIRGINIA MICHAEL P. PETERSON, 000–00–0000 AGENCY FOR INTERNATIONAL DEVELOPMENT COLLETTE M. CHRISTIAN, OF OREGON CRAIG A. PUNCHES, 000–00–0000 JENNIFER N. M. COILE, OF WYOMING ROBERT L. RUSS, 000–00–0000 DONALD C. MASTERS, OF THE DISTRICT OF COLUMBIA DANIEL KEITH HALL, OF VIRGINIA HUGH B. ST. MARTIN, JR., 000–00–0000 MICHAEL R. WEIRICK, 000–00–0000 U.S. INFORMATION AGENCY JAMES L. HARRIS, OF VIRGINIA MARY HEINTZELMAN, OF THE DISTRICT OF COLUMBIA STEPHEN D. WHITE, 000–00–0000 GAIL MILISSA GRANT, OF MISSOURI MAUREEN MATTER HOWARD, OF WASHINGTON THE FOLLOWING OFFICERS FOR PROMOTION AS RE- PATRICIA MC MAHON HAWKINS, OF NEW HAMPSHIRE MICHAEL J. HUGHES, OF VIRGINIA SERVES OF THE AIR FORCE, UNDER THE PROVISIONS OF MICHAEL C. JOHN, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF SECTIONS 12203, 8366, AND 8372, OF TITLE 10, UNITED PATRICIA KOZLIK KABRA, OF CALIFORNIA CLASS THREE, CONSULAR OFFICERS AND SECRETARIES STATES CODE. PROMOTIONS MADE UNDER SECTION 8372 ANDREW M. LANGENBACH, OF VIRGINIA IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AND CONFIRMED BY THE SENATE UNDER SECTION 12203 DAVID KENT MASON, OF VIRGINIA AMERICA: SHALL BEAR AN EFFECTIVE DATE OF 8 MARCH 1996, AND MARYANN MC KAY, OF CALIFORNIA PROMOTIONS MADE UNDER SECTION 8366 SHALL BE EF- AGENCY FOR INTERNATIONAL DEVELOPMENT ANDREA LINDA MEYER, OF PENNSYLVANIA FECTIVE UPON COMPLETION OF SEVEN YEARS OF PRO- CYNTHIA L. MORROW, OF VIRGINIA MOTION SERVICE AND TWENTY-ONE YEARS OF TOTAL RICHARD W. LOUDIS, OF FLORIDA DUC TAN NGO, OF VIRGINIA SERVICE, UNLESS A LATER PROMOTION EFFECTIVE MARK STEWART MILLER, OF FLORIDA JEAN T. OLSON, OF FLORIDA DATE IS REQUIRED BY SECTION 8372(C), OR THE PRO- ALLEN F. VARGAS, OF NEW YORK ROBERT E. ORKOSKY, OF VIRGINIA MOTION EFFECTIVE DATE IS DELAYED IN ACCORDANCE DEPARTMENT OF COMMERCE ELIZABETH C. POKORNY, OF VIRGINIA WITH SECTION 8380(B) OF TITLE 10. LAURA B. PRAMUK, OF COLORADO REGINALD A. MILLER, OF CALIFORNIA ANN M. ROUBACHEWSKY, OF MARYLAND CHAPLAIN CORPS JUDY R. REINKE, OF VIRGINIA NORVILLE B. SPEARMAN, JR., OF CALIFORNIA KAREN SULLIVAN, OF NEW YORK To be lieutenant colonel DEPARTMENT OF STATE KURT N. THEODORAKOS, OF VIRGINIA DANIEL A. BABINE, 000–00–0000 JUAN M. BRACETE, OF FLORIDA IN THE ARMY ROBERT B. COMPTION, 000–00–0000 ROGER N. JACQUES, 000–00–0000 FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JOHN F. KURZAK, 478–62–241 CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. CHARLES R. LANGFORD, 000–00–0000 THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ARMY WHILE ASSIGNED TO A POSITION OF IMPORTANCE JOSEPH E. LEGACY, 000–00–0000 AMERICA: AND RESPONSIBILITY UNDER TITLE 10, UNITED STATES THOMAS A. SCHENK, 000–00–0000 STEPHEN M. SMALLEY, 000–00–0000 DEPARTMENT OF AGRICULTURE CODE, SECTION 601(A): STEVEN R. THOMAS, JR., 000–00–0000 To be lieutenant general KARL HAMPTON, OF THE DISTRICT OF COLUMBIA RUTH M.W. WARREN, 000–00–0000 U.S. INFORMATION AGENCY MAJ. GEN. DENNIS L. BENCHOFF, 000–00–0000 JUDGE ADVOCATE CORPS THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT To be lieutenant colonel SUSAN TEBEAU BELL, OF SOUTH CAROLINA TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. REBECCA TRACY BROWN, OF CALIFORNIA ARMY WHILE ASSIGNED TO A POSITION OF IMPORTANCE BRADLEY S. ADAMS, 000–00–0000 KATE MARIE BYRNES, OF FLORIDA AND RESPONSIBILITY UNDER TITLE 10, UNITED STATES FRANCES G. ADAMS II, 000–00–0000 MARGOT CARRINGTON, OF FLORIDA CODE, SECTION 601(A): MARK W. ARMSTRONG, 000–00–0000 ANNE SARA CASPER, OF NEVADA To be lieutenant general JEFFREY D. BILLETT, 000–00–0000 CHARLES GARY COLE, OF CALIFORNIA GLENN H. BROWN, 000–00–0000 LINCOLN D. DAHL, OF NEVADA MAJ. GEN. WILLIAM M. STEELE, 000–00–0000 THEODORE A. CHUN, 000–00–0000 DAVID ADAMS DUCKENFIELD, OF THE DISTRICT OF CO- MICHAEL J. CIANCI, 000–00–0000 LUMBIA THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TIMOTHY COON, 000–00–0000 DAVID JOSEPH FIRESTEIN, OF TEXAS TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. DAVID N. COOPER, 000–00–0000 STEFEN GRANITO, OF FLORIDA ARMY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AUGUSTUS B. ELKINS II, 000–00–0000 MARJORIE R. HARRISON, OF PENNSYLVANIA AND RESPONSIBILITY UNDER TITLE 10, UNITED STATES THOMAS J. FAUGNO, 000–00–0000 ERIK ANDERS HOLM-OLSEN, OF NEW JERSEY CODE, SECTION 601(A): MARK A. FERRIN, 000–00–0000 ROBERT C. HOWES, OF MICHIGAN To be lieutenant general TIMOTHY S. FISHER, 000–00–0000 TIFFANY ANN JACKSON-ZUNKER, OF CALIFORNIA DERENCE V. FIVEHOUSE, 000–00–0000 GERALDINE F. KEENER, OF CALIFORNIA MAJ. GEN. JOSEPH W. KINZER, 000–00–0000 RICHARD L. FOLTZ, 000–00–0000 CHRISTINE A. LEGGETT, OF CALIFORNIA JAMES T. FORREST, 000–00–0000 DEENA FATHI MANSOUR, OF WYOMING THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT HARRY J. FOX, JR., 000–00–0000 KAREN MORRISSEY, OF FLORIDA TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. DAVID F. GARBER, 000–00–0000 GEORGE P. NEWMAN, OF NEW YORK ARMY WHILE ASSIGNED TO A POSITION OF IMPORTANCE ROBERT S. GARDNER, 000–00–0000 THOMAS JOSEPH NICHOLAS PIERCE, OF CONNECTICUT AND RESPONSIBILITY UNDER TITLE 10, UNITED STATES KIRK R. GRANIER, 000–00–0000 ADELE E. RUPPE, OF MARYLAND CODE, SECTION 601(A): CLAUDE R. HEINY II, 000–00–0000 R. STEPHEN SCHERMERHORN, OF FLORIDA To be lieutenant general STUART S. HELLER, 000–00–0000 DANA COHN SHELL, OF CALIFORNIA ANDREW L. KJELDGAARD, 000–00–0000 VICTORIA L. SLOAN, OF FLORIDA MAJ. GEN. ERIC K. SHINSEKI, 000–00–0000 DEXTER A. LEE, 000–00–0000 SUSAN NAN STEVENSON, OF FLORIDA NORMAN E. LINDSEY, 000–00–0000 SCOTT D. WEINHOLD, OF WISCONSIN THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT HAROLD C. MANSON, 000–00–0000 IVAN WEINSTEIN, OF NEW JERSEY TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. CLYDE W. MATHEWS, 000–00–0000 RICHARD MORGAN WILBUR, OF NEW YORK ARMY WHILE ASSIGNED TO A POSITION OF IMPORTANCE KAREN MC COY, 000–00–0000 AND RESPONSIBILITY UNDER TITLE 10, UNITED STATES DEPARTMENT OF STATE HILLARY J. MORGAN, 000–00–0000 CODE, SECTION 601(A): ELTON J. OGG, 000–00–0000 ROBERT M. ANTHONY, OF OKLAHOMA To be lieutenant general DENNIS R. PIERSON, 000–00–0000 JONATHAN JAY BEIGHLE, OF WASHINGTON CURTIS A. RANKIN, 000–00–0000 RANDY WILLIAM BERRY, OF COLORADO MAJ. GEN. JOSEPH E. DEFRANCISCO, 000–00–0000 PATRICK J. SANJENIS, 000–00–0000 PAUL W. BLANKENSHIP, OF TEXAS DALE W. SANTEE, 000–00–0000 SHARON T. BOWMAN, OF NEW YORK THE FOLLOWING-NAMED OFFICER, ON THE ACTIVE J. C. SETH, 000–00–0000 FRANCES CHISHOLM, OF NEW HAMPSHIRE DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED CRAIG J. SIMPER, 000–00–0000 NANCY ANN COHEN, OF CALIFORNIA IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 624 STEPHEN H. SMITH, 000–00–0000 MARIE CHRISTINE DAMOUR, OF VIRGINIA AND 628, TITLE 10, UNITED STATES CODE: ROBERT F. STAMPS, 000–00–0000 NATHANIEL PABODY DEAN, OF THE DISTRICT OF COLUM- JUDGE ADVOCATE GENERAL BRADFORD L. TAMMARO, 000–00–0000 BIA WILLIAM J. WEIGEL, JR., 000–00–0000 SHAWN DORMAN, OF NEW YORK To be lieutenant colonel CHRISTOPHER G. DUNNETT, OF FLORIDA THE FOLLOWING U.S. AIR FORCE RESERVE OFFICER LEVON A. ELDEMIR, OF CALIFORNIA WAYNE E. ANDERSON, 000–00–0000 TRAINING CORPS DISTINGUISHED GRADUATES FOR AP- POINTMENT IN THE REGULAR AIR FORCE IN THE GRADE ROBERT FRANK ENSSLIN, OF FLORIDA IN THE AIR FORCE GEORGE H. FROWICK, OF CALIFORNIA OF SECOND LIEUTENANT UNDER THE PROVISIONS OF JOANNE GILLES, OF NEW YORK THE FOLLOWING OFFICERS, WHO WERE DISTIN- SECTION 531 OF TITLE 10, UNITED STATES CODE, WITH WILLIAM LEWIS GRIFFITH, OF NEW YORK GUISHED GRADUATES FROM THE U.S. AIR FORCE OFFI- DATES OF RANK TO BE DETERMINED BY THE SEC- ALEXANDER GROSSMAN, OF TEXAS CER TRAINING SCHOOL, FOR APPOINTMENT AS SECOND RETARY OF THE AIR FORCE. DAVID C. HERMANN, OF MASSACHUSETTS LIEUTENANTS IN THE REGULAR AIR FORCE, UNDER THE LINE ANDREW S. HILLMAN, OF NEW YORK PROVISIONS OF SECTION 531 OF TITLE 10, UNITED STATES IRMA J. HOPKINS, OF INDIANA CODE, WITH DATES OF RANK TO BE DETERMINED BY THE JUSTIN L. ABOLD, 000–00–0000 MARK SCOTT JOHNSEN, OF CALIFORNIA SECRETARY OF THE AIR FORCE. BRIAN P. AFFLERBAUGH, 000–00–0000

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BRADLEY J. ALDEN, 000–00–0000 SEAN A. GUILLORY, 000–00–0000 VILMA E. ORTIZ, 000–00–0000 CLARK L. ALLRED, 000–00–0000 DENNIS F. HALE, 000–00–0000 THOMAS R. OWEN, 000–00–0000 MARK B. ALTER, 000–00–0000 RONALD K. HALL, 000–00–0000 SUKIT T. PANANON, 000–00–0000 DAVID R. AMAYA, 000–00–0000 AMANDA M. HARDING, 000–00–0000 KEVIN L. PARKER, 000–00–0000 CHRIS R. AMRHEIN, 000–00–0000 PAUL K. HARMER, 000–00–0000 CRAIG J. PHILLIPS, 000–00–0000 NEIL E. ANDERSON, 000–00–0000 BRIAN S. HARTLESS, 000–00–0000 ALLEN A. PICHON, 000–00–0000 STEVEN C. ANDERSON, 000–00–0000 CHARITY A. HARTLEY, 000–00–0000 JEANNINE A. PICKERAL, 000–00–0000 EARL ARDALES, 000–00–0000 JAMES W. HERRINGTON, 000–00–0000 CURTIS L. PITTS, 000–00–0000 JUDY C. ASCANO, 000–00–0000 FREDERICK S. HILKOWITZ, 000–00–0000 MARY K. PLUMB, 000–00–0000 JENNIFER L. AUCHTER, 000–00–0000 ANDREW R. HODGES, 000–00–0000 WILLIAM S. POTEET, 000–00–0000 BRYAN L. BARKER, 000–00–0000 CONSTANCE L. HOOKS, 000–00–0000 MICHAEL T. REESE, 000–00–0000 KEVIN A. BAYLIS, 000–00–0000 TIMOTHY L. HYER, 000–00–0000 MICHAEL P. RILEY, 000–00–0000 JEFFREY A. BEERS, 000–00–0000 STEPHEN R. JONES, 000–00–0000 SHERYL A. RISACHER, 000–00–0000 TIMOTHY E. BEERS, 000–00–0000 TERRENCE M. JOYCE, 000–00–0000 DAWN Q. ROBERTS, 000–00–0000 LYDIA K. BLACK, 000–00–0000 ERIC L. JURGENSEN, 000–00–0000 BRONWYN H. ROBINSON, 000–00–0000 PATRICK B. BOLAND, 000–00–0000 CHAD C. KASCHAK, 000–00–0000 SCOTT A. ROTHERMEL, 000–00–0000 MONICA K. BORDEN, 000–00–0000 BRYAN Y. KIM, 000–00–0000 RYAN L. ROWE, 000–00–0000 HOLLY M. BRANDON, 000–00–0000 DANIEL R. KING, 000–00–0000 CASSANDRA E. RYTTING, 000–00–0000 SAMUEL D. BROWN, 000–00–0000 ALEXANDER KIRKPATRICK, 000–00–0000 JASON M. SAWYER, 000–00–0000 JOHN G. BURNETT, 000–00–0000 JASON C. KLAAS, 000–00–0000 DONALD W. SCHMIDT, 000–00–0000 TODD C. BURWELL, 000–00–0000 PAUL E. KLADITIS, 000–00–0000 ROBERT J. SCHMOLDT, 000–00–0000 JASON M. BUSS, 000–00–0000 JAIMIE C. KOHLS, 000–00–0000 ANNA M. SCHNEIDER, 000–00–0000 MATTHEW D. CALHOUN, 000–00–0000 AMY Y. KOMATSUZAKI, 000–00–0000 ANDREW L. SCHOEN, 000–00–0000 MICHAEL A. CALVARESI, 000–00–0000 WILLIAM M. LEE, JR. 000–00–0000 KARL R. SCHRADER, 000–00–0000 DEAN J. CARTER, 000–00–0000 TRAVIS K. LEIGHTON, 000–00–0000 TIMOTHY M. SCHWAMB, 000–00–0000 JONATHAN D. CARY, 000–00–0000 MATTHEW J. LENGEL, 000–00–0000 DOUGLAS B. SHAFFER, 000–00–0000 LEAH C. CASE, 000–00–0000 CICELY R. LEVINGSTON, 000–00–0000 BRYAN J. SHELTON, 000–00–0000 JUSTIN P. COAKLEY, 000–00–0000 AMAR Q. LIANG, 000–00–0000 VICTOR O. SHIRLEY, JR., 000–00–0000 CHARLES W. COLLIER, 000–00–0000 PETER J. LINDSAY, 000–00–0000 ROXANNE R. SKINNER, 000–00–0000 DAVID H. CONLEY, JR., 000–00–0000 MICHAEL S. LOCK, 000–00–0000 ERIC R. SMITH, 000–00–0000 GAVIN D. CONSTANTINE, 000–00–0000 PHYLLIS D. LOPEZ, 000–00–0000 CHRIS N. SNYDER, 000–00–0000 BARRY W. COUCH, 000–00–0000 WILLIAM J. LYNCH, 000–00–0000 MYRON O. STAMPS, 000–00–0000 BLAKE E. CROW, 000–00–0000 ARMAND D. LYONS, 000–00–0000 TIFFANY J. STAUDINGER, 000–00–0000 VAN R. CULVER, 000–00–0000 ALANNA L. MABUS, 000–00–0000 ADAM B. STEVENS, 000–00–0000 ROBERT D. DAVIS, 000–00–0000 WILLIAM P. MALLOY, 000–00–0000 DEMETRIUS R. STEWART, 000–00–0000 THOMAS A. DENT, 000–00–0000 PAUL A. MANCINELLI, 000–00–0000 ERIC M. STOREY, 000–00–0000 KENNETH R. DIEFFENBACH, 000–00–0000 MARTIN A. MARTINEZ, III, 000–00–0000 BRIAN R. STUART, 000–00–0000 REBECCA S. DOTY, 000–00–0000 JOSHUA O.MASKOVICH, 000–00–0000 STEPHEN G. STURM, 000–00–0000 JOSEPH J. DUBOSE, 000–00–0000 SHANNON A. MC GUIRE, 000–00–0000 BRIAN M. SWYT, 000–00–0000 JENNIFER L. DVORAK, 000–00–0000 DAVID M. MC ILLECE, 000–00–0000 CHARLES S. TAPP, 000–00–0000 TRAVIS L. EDWARDS, 000–00–0000 DERRY S. MC KINNEY, 000–00–0000 AARON T. TAYLOR, 000–00–0000 GARY J. EILERS, 000–00–0000 BRIDGET M. MC NAMARA, 000–00–0000 MONA A. TENORIO, 000–00–0000 MATTHEW J. ESKER, 000–00–0000 DAVID S. MERTENS, 000–00–0000 DEBRA L. THOMAS, 000–00–0000 DAVID A. FERGUSON, 000–00–0000 ADAM M. METCALF, 000–00–0000 JOEL R. TURINETTI, 000–00–0000 CHRISTOPHER R. FERRY, 000–00–0000 BRIAN R. MOORE, 000–00–0000 DAVID J. VETTER, 000–00–0000 DANIEL M. FESLER, 000–00–0000 TODD R. MOORE, 000–00–0000 SCOTT A. VICKERY, 000–00–0000 ROBERT A. FORINO, 000–00–0000 SHAWN D. MORGENSTERN, 000–00–0000 THOMAS K. WALDRON, 000–00–0000 JAMES P. GATCH, 000–00–0000 KATHLEEN M. MURPHY, 000–00–0000 JOHN K. WEIGLE, 000–00–0000 THEODORE W. GEASLEY, 000–00–0000 JOSEPH A.MUSACCHIA, 000–00–0000 JOSHUA M. WIELAND, 000–00–0000 PAMELA R. GEIGER, 000–00–0000 MICHAEL M. NACHSHEN, 000–00–0000 BRIAN J. WIGTON, 000–00–0000 CHRISTOPHER J. GERMANN, 000–00–0000 VINOD D. NAGA, 000–00–0000 FRANK S. WILDE, 000–00–0000 TED D. GLASCO, 000–00–0000 KATRINA M. NELSON, 000–00–0000 TODD A. WYDRA, 000–00–0000 JOHN F. GONZALES, 000–00–0000 WESLEY J. NIMS, 000–00–0000 KEVIN A. YATES, 000–00–0000 BRADLEY D. GRAVES, 000–00–0000 JONATHAN P. NOLAN, 000–00–0000 SHAYNE R. YORTON, 000–00–0000 NOLAND T. GREENE, 000–00–0000 TARALYNN M. OLAYVAR, 000–00–0000 STEPHANIE A. ZAJICEK, 000–00–0000 TRENT A. GREENWELL, 000–00–0000 DEREK J. OMALLEY, 000–00–0000 KATHLEEN M. ZENDEJAS, 000–00–0000

VerDate Aug 31 2005 06:29 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S18JN6.REC S18JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 18, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1101 EXTENSIONS OF REMARKS

BISHOP KOMARICA—A VOICE FOR As a leader and a Christian, I have an obli- people, God has given you in this country a PEACE AND JUSTICE IN BOSNIA gation to help all the people in their effort to generosity of the heart. Your land is almost be human and to be God-loving people. I like a garden, that there are many wonderful would like to help every human being to af- plants and beautiful flowers. You are a gar- HON. CHRISTOPHER H. SMITH firm their human rights and their freedom den of different people, different cultures, OF NEW JERSEY and to establish their right to existence. It is different groups and religions. IN THE HOUSE OF REPRESENTATIVES now six years that hundreds of thousands of The common characteristic of all of you is Tuesday, June 18, 1996 people whose basic human rights have been the freedom and love for peace and respect. taken away and denied. In this country, it’s especially appreciated Mr. SMITH of New Jersey. Mr. Speaker, re- That is the right to life, the right to pro- especially important human rights and cently the Helsinki Commission, which I chair, fessions, the right to possess homes and live, human honor and human dignity. These are held a briefing on political and human rights the right to have a country, the right to the precious gifts to our civilization, the developments in Banja Luka, the second larg- work and to secure a living, the right to gifts emphasizing diverse cultures and multi- est city in Bosnia. Among the participants was have a social and security support, the right faced religion. of movement, the right to freedom of reli- You are an ideal and an example for us, the Most Reverend Franjo Komarica, Roman gion, the right to raise your own children in and you are a leader for so many other peo- Catholic Bishop of Banja Luka. Bishop your own convictions, the right of freedom of ple in the world. When we would affirm simi- Konmarica has steadfastly pursued peace and conscience, the right of equality of being lar in Banja Luka, we are punished for that. justice throughout the 4-year-long war of free to belong to a political or a different You know that. Will you with clear con- armed aggression and genocide in Bosnia faith group. science allow, continue to allow, that the which has left his church in ruins despite the We cannot talk at all about these rights basic human rights are still denied in my fact that no large-scale fighting occurred in the for thousands of our citizens. The denial of city and in my country? And they are being diocese. basic human rights has taken place without punished just because they would like to be Catholics from the region, predominately the presence of any media or any voice to like you—free, human and democratic peo- publicly declare this. We had the impression ple. ethnic Croats, have been, and continue to be that we are forgotten in our corner of the I expect an answer from you, which you subjected to various forms of harassment and world. We were strengthened only by our have to give unto your conscience first and violence. An estimated 90 percent of Catholics faith in our God, whom we trust that he has then to your people and then to the world have fled the diocese, many the victims of eth- the potential to redeem us. and then hopefully to us as well. nic cleansing. Scores of churches have been And this thing that I once again mention is Regardless of how you look at us and for destroyed while virtually all of those left stand- really the basis, that we try to respect all what you think of us, we in Banja Luka are ing sustained at least some damage. Several our neighbors and not do any harm to any definitely fighting. With enormous efforts, one of them. As in other parts of Bosnia we try to protect and restore civilization. I members of the clergy and religious were mur- there were confrontations, armed confronta- hope that we will not remain alone in this ef- dered during the course of the war. Mean- tions and clashes, in this part of Bosnia fort. We hope that we’ll find friends who will while, Father Tomislav Matanovic, the former there was no war and no open conflict be- support us in this effort. We hope to find director of Caritas Banja Luka, is missing and tween different groups of different nationali- these supporters in Europe and especially believed to be held by Bosnian Serb forces of ties or faiths. here in the United States. I am quite sure the 43d Brigade. Bishop Komarica, who was We opted for a different option here. We that I will not be disappointed in this expec- under house arrest for much of 1995, has rather accepted denial of our basic human tation. demonstrated his firm commitment to peace rights than to hurt our neighbors and to es- Thank you for listening. tablish conflict. We are talking here about f and justice for all people of Banja Luka, re- people who have been peaceful and made gardless of their ethnic or religious back- every single effort to remain people who re- TIP TAX TRIBULATIONS ground. Strengthened by his faith, Bishop spect others and try to live together. The Komarica is a leading advocate of reconcili- only blame that they receive is that they did ation in a country rent by violence and war. not belong to a side or a group of people who HON. PHILIP M. CRANE Mr. Speaker, I ask that the text of Bishop by all means and by all forces and by brutal OF ILLINOIS Komarica's opening statement be placed in approach has tried to establish ethnically IN THE HOUSE OF REPRESENTATIVES cleansed territory. the RECORD. Tuesday, June 18, 1996 The biggest number, the highest percent- THE COMMISSION ON SECURITY AND COOPERA- age, of the people in this region, be they Mr. CRANE. Mr. Speaker, today I introduce TION IN EUROPE—BANJA LUKA-ETHNIC Serbs or Bosnian Muslims or Croatians, have legislation to exclude tip income from the ad- CLEANSING PARADIGM, OR COUNTERPOINT TO a desire to remain in peaceful coexistence in ministrative and tax burdens of the Federal in- A RADICAL FUTURE this region. The Catholic Croatians in this come tax. I have long objected to the taxation OPENING STATEMENT BY MOST REVEREND region have shown by their behavior that of tips and it was the recent tribulations of a FRANJO KOMARICA ROMAN CATHOLIC BISHOP they are capable and ready to live together, OF BANJA LUKA—JUNE 11, 1996 capable to live together in peace with the constituent of mine which prompted me to Bishop Komarica: (through interpreter). other two peoples, which are namely Serbs once again introduce this legislation. Honorable friends, I greet you today as and Bosnian Muslims. Charlene Beyer from Round Lake Park, IL, friends of peace and God-loving people. I This desire to live in peace is denied by the recently sent to me copies of the forms and thank you for your interest specifically re- members of the existing political structure, regulations covering the tax reporting require- garding Banja Luka, my home town. I thank and despite all our efforts to live the com- ments for tip income she receives as a res- you for this opportunity given to me to ex- mandment of respect and love for others, to taurant employee. It is my understanding that press my concerns and my hopes for my love those who did so much evil to us, we are hard working restaurant employees even take country. I thank you on behalf of all the citi- brutally hurt again and again and punished zens of my city, regardless of their national for no reason, and not just from the side of time out to attend classes to learn all the rules or state orientation. extreme nationalists, but those by inter- concerning tip reporting. While serving cus- You know that I’m a Catholic bishop and national democrats. tomers, they must keep track of their gratu- not a political representative of any specific We ask all those who still crush our human ities, then report them to the restaurant and group. I’m not assuming the representation rights: ‘‘Why are you doing this to us? Are the Internal Revenue Service [IRS]. The res- neither of Croatian people specifically, nor we people for you? Are we human beings for taurant is also held liable for tip income of Bosnian Muslims or Serb people in this terri- you? We ask for the basic human rights that their employees. Of course, tip income is re- tory. Regretfully, there is no politician you enjoy. If we are guilty, we would ask you ceived by cab drivers, bartenders, and individ- available or existing right now to represent to provide it to us, and if we are not guilty, the views of my country, of my city, espe- then you are doing great injustice to us when uals of other professions. The IRS is given the cially to represent the views of the people, of you are denying to us basic human rights.’’ difficult task of policing all these activities. The tens of thousands of voiceless people who I am taking this opportunity to tell you whole process creates a bureaucratic mess for have no voice. and to express to all American peaceloving both the taxpayer and the Government.

∑ 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. E1102 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1996 I believe that tip income should not be treat- tarian Service Medal, Coast Guard Special TRIBUTE TO BERNARD AND ed on par with earned income for tax pur- Operations Ribbon, Coast Guard Restricted ANNETTE ABEND poses. Gratuities are, by definition, discre- Duty Ribbon, Coast Guard Recruiting Service tionary in both amount and practice, irrespec- Ribbon, and the Coast Guard Sharpshooter HON. HENRY A. WAXMAN tive of the service provided. In fact, tips are Pistol Shot Ribbon. OF CALIFORNIA more gifts than income and current law allows In addition, she is also the 1995 Sailor of IN THE HOUSE OF REPRESENTATIVES an annual tax exemption from income of gifts the Year for her dedication to the vision and Tuesday, June 18, 1996 up to $10,000 from an individual. core values of the Coast Guard and her tire- I feel this bill will be especially relevant to less community involvement. It is evident that Mr. WAXMAN. Mr. Speaker, I ask my col- the current debate over reforming the Internal she serves as an excellent example of dedica- leagues to join me in recognizing two out- Revenue Code. As one of the common goals tion, discipline, and responsibility that is nec- standing citizens, Bernard and Annette Abend. of the numerous tax reform plans is simplifica- essary to serve ones country well. One June 23, 1996, Bernard Abend will be tion, the exclusion of tip income will go a long Mr. Speaker, I can think of no greater com- honored with a lifetime achievement award in way toward simplifying the compliance of tax- pliment that you could pay to your families recognition of his 36 years of devoted service payers with the law. The current process of than to honor them with the dedication to per- to Etz Jacob Congregation. On this special oc- taxing tip income provides an economic incen- sonal achievement and service to your country casion, he and Annette will also celebrate their tive for tip earners to evade taxes by under- that Yvonne Zuber has demonstrated. I would golden wedding anniversary. reporting income. Employers, too, are bur- like to congratulate her once again, and wish Bernard and Annette Abend, who were born dened with paying payroll taxes on both re- her the best of luck in all of her future endeav- in Poland and suffered through the atrocities ported and unreported tip income. Although ors. of concentration encampment during the Holo- Congress provided a credit to employers for caust, did not meet until after World War II. FICA taxes on tip income, a much more effi- f They married in 1946 and soon after emi- cient solution, again, is to eliminate the tip tax grated to the United States. The new paths altogether. TRIBUTE TO SISTER HELEN M. they forged for themselves in Scranton, PA I urge my colleagues to consider the merits FAULDS were enriched with the births of their two of this bill and to lend their names as spon- daughters and the many challenges facing a sors to it. young family in an adopted land. f HON. THOMAS J. MANTON Seeking new opportunities, the Abend family OF NEW YORK moved to Los Angeles, CA in 1959 and Etz CONGRATULATING YEOMAN FIRST IN THE HOUSE OF REPRESENTATIVES Jacob Congregation quickly became a central CLASS YVONNE A. ZUBER ON part of their lives. Bernard Abend's 32 years HER ACHIEVEMENT AS THE Tuesday, June 18, 1996 as president of the congregation from 1964 to COAST GUARD’S ENLISTED PER- 1996 marked a period of great expansion and SON OF THE YEAR Mr. MANTON. Mr. Speaker, I rise today to pay tribute to Sister Helen M. Faulds. religious inspiration. Under his capable and energetic leadership, a social hall, holy ark, HON. MICHAEL BILIRAKIS For over 40 years, Sister Helen has been a Holocaust memorial, and the Etz Jacob He- tireless servant of the church and has dedi- OF FLORIDA brew Academy were constructed. cated her life to ministry in education and the IN THE HOUSE OF REPRESENTATIVES It is indeed fitting that the congregation healthcare industry. Tuesday, June 18, 1996 honor Bernard Abend for his contributions to In September 1949, Sister Helen entered Etz Jacob Congregation in conjunction with its Mr. BILIRAKIS. Mr. Speaker, I rise today to the Congregation of the Sisters of Saint Jo- celebration of Bernard and Annette's golden congratulate and recognize the achievement seph of Brentwood, NY. Since that time Sister wedding anniversary. Their life together has of Yvonne A. Zuber, a resident of Dunedin in Helen has held various assignments in ele- been inextricably intertwined with the growth my ninth district of Florida, who has been se- mentary and secondary schools in Brooklyn, and blessings of Etz Jacob Congregation. lected as the Coast Guard's Enlisted Person Queens, and Long Island. Sister Helen has I ask my colleagues to join me in extending of the Year. She is certainly the cream of the also served as a teacher, administrator, and best wishes to Bernard, Annette, and their be- crop. principal. loved daughters and grandchildren for contin- This is the second year for the Coast Mr. Speaker, along the way Sister Helen ad- ued happiness, good health, and prosperity. Guard's Enlisted Persons of the Year Rec- vanced her education by earning a masters f ognition Program. Awards are given annually degree in religious education from Providence to one active duty and one reserve member College in 1965 and a masters degree in THE WEBB SCHOOLS: SECOND who demonstrate exceptional standards in health services administration from George PLACE WINNER, THE 1996 TO- leadership, work ethics, Coast Guard knowl- Washington University in 1982. SHIBA/NSTA EXPLORAVISION AWARDS PROGRAM edge, uniform appearance, and military bear- In 1982, Sister Helen returned to New York ing. and reported to St. John's Queens Hospital as Petty Officer Zuber is a reflection of what associate executive director. Two years later HON. GEORGE E. BROWN, JR. every enlisted person can achieve at their Sister Helen was appointed executive director OF CALIFORNIA best. Currently, she is assigned to the Coast and has served in that capacity ever since. IN THE HOUSE OF REPRESENTATIVES Guard Aviation Training Center [ATC] in Mo- bile, AL. She is a loyal volunteer for the Mo- Mr. Speaker, as executive director of St. Tuesday, June 18, 1996 bile Area Special Olympics and has, for the John's Queens Hospital, Sister Helen, through Mr. BROWN of California. Mr. Speaker, on past 3 years, helped over 6,000 special ath- private donations, helped erect a hospital June 21±22, 1996, more than 40 students will letes reach their full potentialÐassisting them chapel and she has pioneered new hospital come to our Nation's Capital to receive top in reaching the State and national games. services including an AIDS and American honors in the 1996 ExploraVision Awards Pro- She has also devoted many hours as a heart center designations. Sister Helen has gram, sponsored by Toshiba and administered rape-crisis hotline counselor helping rape vic- streamlined many hospital services and has by the National Science Teachers Association tims seek assistance and coping with the trag- advanced the hospital's computer system. (NSTA]. edy of rape. She also volunteers with the Always aware of her ministry to people, Sis- The ExploraVision Awards Program is the ATC's Partner's in Education Program. ter Helen implemented new community serv- largest K to 12 student science competition in She has been the recipient of numerous ices including a bereavement group, Lamaze the world. The competition asks students to awards, including: Coast Guard Achievement classes, and has helped to expand the volun- work in teams to use their imaginations to en- Medal, Commandant's Letter of Commenda- teer system. vision what technology will be like 20 years tion, DOT Gold Medal for Outstanding Mr. Speaker, I am proud to recognize the from now. Achievement, Coast Guard Unit Commenda- achievements of Sister Helen M. Faulds, and As a long-standing member of the House tion and Operational Distinguishing Device, I know my colleagues will join me in honoring Science Committee, I have worked hard to im- Coast Guard Meritorious Unit Commendation, her 40 plus years of ministry and service in prove science education in this country. The Coast Guard Bicentennial Unit Commendation, education and healthcare and extending our ExploraVision Awards give students the oppor- Coast Guard Good Conduct Medal, Humani- heartfelt congratulations on her retirement. tunity to identify future technological needs June 18, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1103 and develop the kind of technological thinking TRIBUTE TO THE FLORIDA Mr. CONYERS. Mr. Chairman, I rise today our society needs in order to meet the chal- PANTHERS in opposition to the foreign operations bill, lenges of the future. H.R. 3540. This bill contains a provision re- The competition is just one great example of HON. E. CLAY SHAW, JR. garding Haiti which I, along with many mem- a successful business-education partnership OF FLORIDA bers of the Congressional Black Caucus, op- that encourages students to pursue careers in pose. IN THE HOUSE OF REPRESENTATIVES science. I have been supporting this outstand- The foreign operations bill contains a provi- ing program since its launch in 1992. In addi- Tuesday, June 18, 1996 sion, known as the Dole amendment, which tion, I will be serving as the honorary co-chair- Mr. SHAW. Mr. Speaker, I rise today to rec- prohibits Haiti from receiving any nonhumani- person of the 1996 ExploraVision Awards ognize the 1995±96 Eastern Conference tarian assistance from the United States un- weekend with Ms. Barbara Morgan, NASA's champions, the Florida Panthers. The Pan- less the President certifies quarterly that de- ``Teacher in Space'' designee. thers are a team of dedicated men who ac- mocracy is secure in Haiti. Additionally the Mr. Speaker, I am proud to announce that complished an athletic feat that many believed provision points to the investigation of three the class from the Webb Schools of Clare- impossible. Those in the know never thought murders in Haiti and the status of their inves- mont, one of the finest schools in the inland that a 3-year-old expansion team could defeat tigation. empire, has been selected as one of the 1996 the odds and make it to the Stanley Cup It is unnecessary and unreasonable for the 12 finalist winner teams of the competition. Finals, but this special team did just that. The United States to require this certification every The distinguished members of the team are Florida Panthers captured the hearts of thou- 3 months. Democracy is blossoming in Haiti, Ewurama Ewusi-Mensah, William Marshall, sands of Florida fans, and their storybook sea- and we can point to the peaceful transfer of and Christopher Maffris. I would also like to son is one which will never be forgotten. The power there last year as a sign that democ- recognize their teacher, John Ball, and their precedent for excellence has been set; the racy and democratic principles are spreading advisor, Harlow Johnson, who deserve much skeptics have been silenced. in that nation. The elections there last summer of the credit for the success of the team. After a grueling 80-game regular season were peaceful and successful. I am very proud to recognize the achieve- schedule, the Panthers traveled to the next This year the committee has identified three ments of the class from the Webb Schools level; the National Hockey League playoffs. murders that they claim were political and sug- and other winners of this year's competition The experts said the Boston Bruins, the Phila- gest this is a sign of a feeble government. and to reaffirm my commitment to support the delphia Flyers, and the Pittsburgh Penguins More than 4,000 murders which occurred dur- Toshiba/NSTA ExploraVision Awards in 1997. were all better teams, but the Panthers never ing the time when former President Aristide relinquished their pride; they hung tough and was deposed are under current investigation, f piled up the wins. Finally, the Panthers lived a along with the three in question. All crimes in TRIBUTE TO FAUZIYA KASINGA hockey players' greatest dreamÐa young up- Haiti deserve equal scrutiny under the lawÐ start team challenging the veteran squad of not just the three murders identified by the the former Quebec Nordiques for Lord Stan- committee. HON. PATRICIA SCHROEDER ley's Cup. Although the Florida rat pack The United States should do all we can to OF COLORADO showed integrity and professional zeal, the Av- help solve these murders. But placing this un- IN THE HOUSE OF REPRESENTATIVES alanche took the cup. The dream ended in an necessary burden on the Haitian Government Tuesday, June 18, 1996 all-out, no-holds-barred triple overtime game, does not serve the United States or Haiti well when the Haitian investigators are concentrat- Mrs. SCHROEDER. Mr. Speaker, I rise and the Panthers showed what it takes to reach greatness. ing on solving these crimes. The United States today to commend Fauziya Kasinga, a 19- must continue to support the implementation year-old woman from Togo, who was finally Mr. Speaker, the Florida Panthers have ig- nited the passions of our south Florida com- of Haiti's economic revitalization so that we awarded the freedom for which she came to can see democracy fully mature in that nation. the United States. In a remarkable 11 to 1 de- munity. My congratulations to Marti and Wayne Huizenga, and the Panther organiza- cision, the Board of Immigration Appeals, the f highest immigration court in the land, ruled in tion for putting together a group of men com- favor of Fauziya last week. In so doing, the mitted to teamwork, winning, and community TRIBUTE TO THYRA HODGE-SMITH Board established a precedent not only in spirit; to Coach Doug McLean and his coach- Fauziya's case, but for future women who flee ing staff for their dedicated work throughout HON. VICTOR O. FRAZER their countries of origin to avoid being sub- the year; to the rat crazy fans of the Florida Panthers for their support and enthusiasm; OF THE VIRGIN ISLANDS jected to female genital mutilation [FGM]. IN THE HOUSE OF REPRESENTATIVES Although the Immigration and Naturalization and finally to the Eastern Conference cham- Service [INS] had established guidelines in pions for a great season and many, many Tuesday, June 18, 1996 1995 which state that FGM constitutes a form memories. Mr. FRAZER. Mr. Speaker, I rise to salute of political asylum, INS judges demonstrated Mr. Speaker, the Panthers are a team and a long-term community activist in the Virgin Is- various interpretations of such guidelines. In an organization that exemplifies hard work and lands, Mrs. Thyra A. Hodge-Smith, and mourn one occasion, a judge in Baltimore denied a the importance of community, and I urge my her passing. Mrs. Hodge-Smith lived an active woman's petition for political asylum, under colleagues to join me in honoring true cham- life until her death on June 6, 1996, at age 90. FGM, because the woman couldn't change pionsÐthe Florida Panthers. She had been a part of the Virgin Islands her gender, but she could change her mind Congratulations Panthers. community band for over 50 years and was an with regards toward FGM practices. f active participant of ``Carnival'' until she be- Fauziya's now-triumphant case was not any FOREIGN OPERATIONS, EXPORT came ill. Mrs. Hodge-Smith believed that edu- less difficult. While in several INS detention fa- FINANCING, AND RELATED PRO- cation was important so therefore, late in life cilities, Fauziya was shackled in chains, tear- GRAMS APPROPRIATIONS ACT, she received her masters' degree from the gassed and beaten, and forced to spend her 1997 University of the Virgin Islands. 18th and 19th birthdays in prisons inter- A stalwart in the Republican Party, Mrs. mingled with drug users and murderers. Thus, SPEECH OF Hodge-Smith was one of the first females in the decision the 11 Board members took in the Virgin Islands to generate change in her stating that FGM, an explicit violation of HON. JOHN CONYERS, JR. party. Mrs. Hodge-Smith will also be remem- human rights, is a basis for political asylum is OF MICHIGAN bered for her numerous years of service in the long overdue. IN THE HOUSE OF REPRESENTATIVES government and particularly for her work in the Mr. Speaker, as I loudly applaud Fauziya's Tuesday, June 11, 1996 Department of Health. courage, I also want to humbly thank her for As a strong supporter of families, Mrs. indisputably delivering a wake-up call to the The House in Committee of the Whole Hodge-Smith was always willing to do any- House on the State of the Union had under rest of the Nation and the world on the human consideration the bill (H.R. 3540) making ap- thing to strengthen family ties. Her legacy will rights violation of FGM. Our immigration sys- propriations for foreign operations, export fi- live forever because of the many lives that she tem has finally ``gotten it,'' and women fleeing nancing, and related programs for the fiscal influenced. She was an asset to the Virgin Is- FGM will not be told that their stories are not year ending September 30, 1997, and for other lands and will be missed by everyone who credible again. purposes: knew her. E1104 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1996 PREFERENCING ON SECURITIES the precedent set by this legislation. The Fish THE IMPORTANCE OF CITRUS EXCHANGES and Wildlife Service, like any other agency, TRISTEZA VIRUS RESEARCH TO has the power of eminent domain. This power, THE FLORIDA CITRUS COMMU- HON. SUE W. KELLY derived from the fifth amendment, assures citi- NITY OF NEW YORK zens that their land will not be taken for public IN THE HOUSE OF REPRESENTATIVES use, without just compensation. Current Fish HON. CHARLES T. CANADY Tuesday, June 18, 1996 and Wildlife Service policy directs such acqui- OF FLORIDA sitions only from willing sellers. In the last 10 IN THE HOUSE OF REPRESENTATIVES Mrs. KELLY. Mr. Speaker, on May 9, 1996, years, less than 2 percent of the Service's ac- 18 of my colleagues and I sent a letter to the quisitions nationwide were acquired through Tuesday, June 18, 1996 SEC regarding that agency's recent approval the use of eminent domain. The Fish and Mr. CANADY of Florida. Mr. Speaker, citrus of preferencing on the Cincinnati Stock Ex- Wildlife Service is not abusing the power of is a major food crop in terms of nutrition, gen- change or CSE. In the letter, we expressed eminent domain. I see no reason why Con- eration of income, foreign exchange, and em- concern that the SEC had acted precipitously gress should take away the legitimate power ployment in the United States. to permit this questionable practice on a secu- of the Fish and Wildlife Service to act in the There are approximately 1.2 million acres of rities exchange without an adequate empirical public interest. citrus in the United States, and the annual re- or legal basis. tail value is over $17 billion. The citrus indus- Preferencing enables a broker-dealer to Mr. Speaker, I am opposed to this bill. I try in the United States exceeds $19 billion in take the other side of its own customer orders, strongly support the establishment of the Silvio gross revenue. to the exclusion of other competing market in- Conte National Fish and Wildlife Refuge, and Florida has 850,000 acres in citrus groves, terest. In practice, CSE operates as a pure the enactment of cooperative efforts to pre- 70,000 people employed in the citrus industry dealer market, depriving customers of the op- serve the Connecticut River watershed. How- and 74,000 people employed indirectly, which portunity for their orders to be executed ever, I urge Members to reject this measure means on-tree revenues of $9 billion to Flor- against each other. The ability of customer to which ties the hands of the Government to act ida. meet customer is one of the hallmarks of the in the public interest. Citrus is the No. 1 fresh produce commodity agency auction system, and frequently results grown in California and Florida and there is in improved prices. In spite of the central f substantial acreage in Arizona, Louisiana and place that customer order interaction plays on TRIBUTE TO JOSE´ RAMON Texas. Hawaii and Puerto Rico are also in- a true exchange, the SEC's order approving QUIN˜ ONEZ creasing their citrus industry to reduce their preferencing on the CSE leaves unanswered dependence on imports. many questions about the practice's effect on The American citrus industry produces table customers. For example, the order does not ´ HON. JOSE E. SERRANO quality navel and Valencia oranges, and my examine whether customers whose orders are OF NEW YORK home State of Florida, grows oranges for fresh preference on the CSE are receiving the best IN THE HOUSE OF REPRESENTATIVES juice and juice concentrate. Florida is also one prices for their transactions. Given the excel- of the world leaders in export quality oranges, lent job that the SEC has done over the years Tuesday, June 18, 1996 lemons and grapefruit. in safeguarding customers and pressing for Mr. SERRANO. Mr. Speaker, I rise to pay Unfortunately, this vital industry is being fair treatment of customer orders, it is indeed tribute to Mr. Jose Ramon QuinÄonez, who was threatened by the brown citrus aphid, which is surprising that the order approving the CSE honored on Saturday by the members of the the most efficient transmitter of the citrus preferencing program does not address so Holy Family Parish Council for his outstanding tristeza virus. This virus threatens the entire basic an issue. service to be community as the chairman of U.S. crop. Mr. Speaker, today we take up H.R. 3005, the board, at the Church of the Holy Family, Arizona, California, Florida, Louisiana, and the Securities Amendments of 1996. This leg- in my South Bronx congressional district. Texas have formed a research council to islation does not address the issue of study the eradication of the brown citrus aphid preferencing but I understand that similar leg- Ray QuinÄonez, as he prefers to be called, and the citrus tristeza virus. This research is islation in the other body may contain a provi- was born in Puerto Rico and raised in South supported by the industry, the U.S. Depart- sion directing the SEC to undertake a detailed Bronx. He completed studies in metallurgy at ment of Agriculture, and the land grant col- study of preferencing on exchange markets. I the U.S. Marine Corps Institute of Technology, leges. believe that such a study could be most help- in Washington, DC and at Del Mar Technical The farm bill, which the Congress passed ful in addressing, among other issues, the College, in Oceanside, CA. Later on, he start- earlier this year also, recognized the impor- quality of customer executions on the CSE. I ed working for Seandel Studios, Inc., in New tance of eradicating this disease before it urge support for such a study in conference. York City. takes over and destroys the American citrus If the study identifies no tangible benefits to in- Mr. QuinÄonez served the country in the crop. The legislation authorized $3 million to vestors and the capital formation from Third Marine Division in Vietnam. After his re- be spent on Citrus Tristeza Virus research. preferencing on exchanges, I would support turn from Vietnam, he married his wife, Mr. Speaker it is extremely important for us action to ban this practice. Edmee, with whom he has three children. to supply the 1997 funding needed to carry f Ray QuinÄonez has dedicated his life to help- ing our youngsters develop their full potential out this research and keep out citrus industry SILVIO O. CONTE NATIONAL FISH as community leaders of tomorrow. His serv- healthy in Florida and elsewhere in the United AND WILDLIFE REFUGE EMI- ice includes volunteer work at the Castle Hill States. NENT DOMAIN PREVENTION ACT Little League, where he was the field cleaner, f

SPEECH OF coach, manager, treasurer, and vice president. TURKISH GOVERNMENT REPRES- He also served as a member of the league's SION: TAKING LESSONS FROM HON. HARRIS W. FAWELL board of directors, as well as moderator of the BEIJING OF ILLINOIS Holy Family Youth Leadership Group. Through IN THE HOUSE OF REPRESENTATIVES the youth group, he inspired high school stu- HON. CHRISTOPHER H. SMITH Tuesday, June 11, 1996 dents from parochial and public schools to de- velop a sense of leadership and to strive for OF NEW JERSEY Mr. FAWELL. Mr. Speaker, I rise in opposi- IN THE HOUSE OF REPRESENTATIVES tion to H.R. 2909, the Silvio O. Conte National excellence. Tuesday, June 18, 1996 Fish and Wildlife Refuge Eminent Domain Pre- Other community service includes his work vention Act. This bill seeks to amend the Silvio as chairman of the Center for Catholic Lay Mr. SMITH of New Jersey. Mr. Speaker, the O. Conte National Fish and Wildlife Refuge Leadership Formation and as a member of the United Nations Habitat II conference on sus- Act to require that the Fish and Wildlife Serv- Community Planning Board 9. tainable urban development has concluded in ice may only acquire lands for the refuge Mr. Speaker, I ask my colleagues to join me Istanbul, Turkey. While most observers will through donations, exchanges, or otherwise in recognizing Mr. Jose Ramon (Ray) point to the conference's focus on the press- through the consent of the landowner. QuinÄonez for his outstanding commitment to ing challenges of urbanization, the repression As a former practicing attorney involved in the service of our youngsters, the Church the employed by the host Government of Turkey eminent domain cases, I have concerns about Holy Family, and our South Bronx community. in response to criticism of its human rights June 18, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1105 record has cast a pall over the meeting and country like Turkey with a more than dubi- to have ‘‘disappeared’’ whilst in police cus- should be protested at an international level. ous record in the human rights department tody. Their silent peaceful protests have While Turkey cannot be compared to China and aspirations to host the 2004 Olympics, been taking place outside Galatasaray school in terms of democratic development, Ankara this government publication is far from un- for the past year. Coverage by the press was equivocal acceptance of widely accepted minimal, with journalists attending duti- seems to have taken some lessons from standards. fully in case of incident. Beijing when it comes to stifling dissent. As In fact, the tone of the brochure is decid- Last Saturday they were rewarded (sic). Habitat was just convening, Turkish police edly defensive. Much of the brochure is con- Although officially banned the demonstra- forcibly evacuated the headquarters of 35 cerned with alleged criticisms of the Turkish tion went ahead anyway with predictable re- NGO's organizing an ``Alternative Habitat.'' human rights record by the Kurdish Work- sults. A larger than usual but none the less These NGO's were protesting the govern- ers’ Party (PKK) and its supporters. But as a peaceful group of people attempted to sit ment's destruction of some 3,000 Kurdish vil- terrorist organization the PKK is certainly down in Galatasaray Square but were imme- not noted for its human rights record, so it’s lages and the creation of 3 million refugees in diately set upon by the legions of waiting po- indeed strange that their opinions should lice. Journalists, photographers and even southeast Turkey. These groups rightly believe carry such weight. Shorter mention is made that such policies were incompatible with the delegates from the Habitat conference were of other religious and ethnic minorities, arrested, many being severely beaten in the spirit and goals of Habitat II. again aimed at countering what the Foreign process. Television pictures of the unwar- Mr. Speaker, last week, Turkish authorities Ministry sees as unwarranted criticism from, ranted brutality were shown all over the detained hundreds of peaceful demonstrators, apparently, foreign sources. world and photographs were published in The unfortunate implication is that human including a Habitat NGO representative, and a many of the world’s leading journals. A press rights are something only demanded by ‘‘mi- conference held the following day to protest handful of TV journalists filming the police ac- nority groups’’, and then only at the bidding at the arrests was also broken up by the po- tions. The demonstrators were protesting gov- of ‘outside’ forces. Despite giving details of lice with many arrests. ernment policies, and the reaction of Turkish numerous amendments to the Turkish con- security forces was reminiscent of China's ac- stitution and listing Turkey’s many acces- There were by this time an estimated 1500 tion during the UN Beijing Conference on sions to international treaties, nowhere are people in custody. As releases began—with- Women. human rights referred to as something to out charge—groups of people congregated which the Turkish population as a whole outside police stations to welcome their These attacks on free speech and the right friends. Prominent human rights lawyer of free assembly are cynical attempts by the should be concerned with. At the Habitat NGO forum however, there Serpil Kaya emerged from her incarceration Government of Turkey to deflect international was no sign of Turkish people ignoring the to find a group of her friends being harassed scrutiny of their policies in southeast Turkey. human rights issue. In fact many of the by the police. On pointing out that they Yet, Mr. Speaker, these heavy-handed tactics stalls were occupied with Turkish groups weren’t breaking the law she was imme- bring even greater scrutiny to the govern- whose sole concern was human rights. diately rearrested. Judging the reaction of ment's repressive, undemocratic activities. Mr. Chilling photographs and texts in several shocked delegates to the Habitat conference Speaker, I have to imagine that the thousands languages detail terrible human rights’ was not difficult, they were only too happy abuses in several different countries. to express their anger at what they had wit- of NGO's and officials from around the world nessed. As a spokesman for the NGOs ex- who attended Habitat II have taken home a Turkoman people in Iraq have, not surpris- ingly perhaps, suffered terribly under the plained in a press conference, ‘‘We have wit- distinct impression that Turkish democracy is despotic regime of Saddam Hussein. In west- nessed that hundreds of individuals have severely lacking. ern China—or eastern Turkistan as it is also been beaten, arrested and detained while Mr. Speaker, the Turkish Government tried referred to—native Turkomens have been re- demonstrating peacefully on the city streets. to prevent its repressive policies in southeast move from positions of authority as the re- We will not forget what we have seen.’’ Turkey from coming to light, but a group of gion has been settled by increasing numbers During the whole length of the Habitat mayors from towns and villages in the region of Han Chinese moved in by the Chinese gov- conference another demonstration has been did submit a revealing report to the con- ernment. going on, largely unnoticed. Teams of run- ference. The report linked human rights Continued nuclear testing in the region ners have been jogging along the Bosphorus has left many parts uninhabitable and has abuses in the region directly to Habitat issues bearing Olympic flags. Turkey’s bid for the led to the predictable increases in cancers. 2000 Olympics failed to make much impres- and the urban ills facing Istanbul and other Displays showing the results of Russian oc- sion. The Habitat conference is one of the large cities in Turkey. The mayors believe that cupation of Chechenya and the occupation of first major international events to be staged crowding, poverty and instability in Istanbul parts of Azerbaijn by Armenian government in Turkey. The current bid for the 2004 originated in the towns and villages of south- forces were equally disturbing. Olympic games has been making good use of east Turkey, where economic deprivation and The Turkish speaking minority from Habitat to show the international commu- the government's war on terrorism had forced Greece were also represented. Greek govern- nity what Turkey is capable of. Those efforts ment policy has long centered around mov- now appear sadly wasted. millions from their homes to urban centers ing the Turkish Muslim community from unequipped to meet their needs. Until a Turkish government can make a Western Thrace to areas where it can more statement regarding human rights that is Mr. Speaker, I fear Turkey is headed down easily assimilated. The closure of schools a road of increasing instability and upheaval. both unqualified and is seen to be put into and mosques coupled with continued harass- practice it is most unlikely that the inter- As long as the government stifles the protests ment by the police and civil authorities has national community will see fit to trust Tur- of its own people and refuses even to allow forced many to Turkish Greeks leave. An- key with another event of major signifi- open debate of these problems, there will be other Foreign Ministry brochure available to cance. After the events of the past two weeks scant hope for resolving such tough issues. people attending Habitat details these and the effort required to bring the 2004 games to other human rights abuses. Istanbul would seem to be more herculean Mr. Speaker, I would like to enter into the Groups concerned with minorities inside than olympic. RECORD an article from the Turkish Daily Turkey received no such official sanction News, June 14, 1996, edition, which further however. This in spite of the government spells out the problems faced by those at- statement reprinted above. On the contrary, f tempting to bring human rights issues before foreigners attending the NGO forum com- the Habitat II meeting. plained constantly about the presence of PERSONAL EXPLANATION [From the Turkish Daily News, June 14, 1996] plain clothes policemen. One utterly innoc- uous seminar on the ‘‘colorful life of dark THE OLYMPIC STRUGGLE FOR HUMAN RIGHTS? people’’—ie gypsies—attracted 11 people, two HON. EDDIE BERNICE JOHNSON (By David O’Byrne) of whom were plain clothes police. While one OF TEXAS ISTANBUL—‘‘Turkey is dedicated to advanc- of the policemen dominated the discussion ing the cause of human rights despite the with loud irrelevant contributions, the other IN THE HOUSE OF REPRESENTATIVES presence of malign element-terrorism-pinch- attempted to interview the three Turkish Tuesday, June 18, 1996 ing the Turkish nation from within and participants and ascertain why they were in- without.’’ terested in gypsies. Ms. EDDIE BERNICE JOHNSON of Texas. This rather ungainly quote is taken di- Outside of Habitat too further Turkish in- Mr. Speaker, due to business in my district, I rectly from the introduction to a brochure terest in human rights issues made itself evi- was absent for rollcall votes 245, 246, and on human rights published by the Turkish dent. The Turkish human rights group IHD Minister of Foreign Affairs. One of a package organized an ‘‘Alternative Habitat’’ con- 247. Had I been present, I would have voted of material prepared for participants in the ference, only to find it closed down prac- ``no'' on rollcall 245, ``yes'' on rollcall 246, and UN Habitat II conference, this heavily quali- tically before it started. Further interest ``yes'' on rollcall 247. I ask unanimous consent fied and ungrammatical statement is fairly was shown by the friends and relatives of the that my statement appear at the appropriate typical of the document as a whole. For a 400 or so people who, since 1979, are alleged place in the RECORD. E1106 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1996 A TRIBUTE TO MARINE PARK cluding the chairman of the board of South- IN HONOR OF JEANETTE RUDY CIVIC ASSOCIATION AS THEY west Airlines, Herb Kelleher. Lu Ann helped JOIN IN CELEBRATION OF ITS bring the chamber to the forefront of the great- HON. BOB CLEMENT 70TH ANNIVERSARY er Los Angeles community by securing several OF TENNESSEE well known and respected individuals to ad- IN THE HOUSE OF REPRESENTATIVES dress the Westchester Chamber this year in- HON. CHARLES E. SCHUMER Tuesday, June 18, 1996 OF NEW YORK cluding Los Angeles Police Chief Willie Wil- Mr. CLEMENT. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES liams. honor a distinguished member of the Nashville In addition to her tireless work as chamber Tuesday, June 18, 1996 community, Dr. Jeanette Cantrell Rudy. Dr. president, Lu Ann's career has flourished, both Rudy is a generous philanthropist, a nationally Mr. SCHUMER. Mr. Speaker, I am proud to as the international director of promotions for accomplished sportswoman and a beloved join all my friends and colleagues in celebrat- Herbalife and as the owner and founder of friend to many in the music city and across ing the Marine Park Civic Association's 70th DeRing Marketing. Away from the workplace, the country. anniversary. This wonderful park, which occu- Lu Ann looks forward to the time she spends pies over 1,821 acres, has provided an impor- Jeanette Cantrell and her twin sister Gene- with her husband, Robert, and her 9-year old va were born to Felix and Edna Cautrell on tant haven for Brooklyn residents since 1926. son Jonathan. I am pleased to congratulate the members of October 27, 1927, in Sheffield, AL. After grad- the Marine Park Civic Association for making Mr. Speaker, Lu Ann DeRing is an inspira- uating from Sheffield High School, she en- this area a source of community pride. As a tion to her family, friends, community, and all rolled in the St. Thomas Hospital School of result of the tireless work and vigilant dedica- who have the pleasure of knowing her. Please Nursing. Jeanette received her nursing degree tion of south Brooklyn families, Marine Park join me in saluting a great individual, Lu Ann in the summer of 1948 and served as a public has maintained its reputation as a safe and DeRing. health nurse for 7 years. quiet community distinct from the city's frenetic On February 20, 1949, Jeanette married atmosphere. I have personally enjoyed many f Daniel Clees Rudy, cofounder of the Rudy's visits to Marine Park both as a child and as an Farm Sausage Co. The Rudys made their adult. I am certain that the strength of this A TRIBUTE TO DRMS COMMANDER home in the Pennington Bend area on the community would not be what it is today with- CAPT. DONALD A. HEMPSON, JR., Cumberland River, and they enjoyed an active out the commitment of its Civic Association. USN life together until Mr. Rudy's death in 1984. In Such countless contributions have ensured the his memory, Jeanette helped to found and neighborhood's continued growth and stability, fund the Dan Rudy Cancer Center at St. which are fully appreciated by all. HON. NICK SMITH Thomas Hospital. The neighboring communities of Sheeps- OF MICHIGAN Mrs. Rudy has long been a devoted and head Bay and those surrounding Floyd Ben- tireless supporter of Cumberland University in nett Field are extremely familiar with the serv- IN THE HOUSE OF REPRESENTATIVES Lebanon, TN. When the university and its board of trustees decided to expand the cur- ices provided by the Marine Park Civic Asso- Tuesday, June 18, 1996 ciation. For years, families in Brooklyn have riculum to include a bachelor of science in the known Marine Park as a solid community, Mr. SMITH of Michigan. Mr. Speaker, on nursing degree program, there were several making it a good place to live. I am honored Wednesday, June 19, 1996, Capt. Donald A. obstacles in the way. Long-term debt was hin- to celebrate 70 years of civic leadership in Hempson, Jr. (USN) will retire from the Navy dering financial stability, enrollment growth Marine ParkÐthe Civic Association's members and his post as Commander of the Defense was minimal, and resources were strained. have done much to improve the quality of life Reutilization and Marketing Service [DRMS]. A Jeanette helped reduce these obstacles, not for all Brooklyn residents. retirement ceremony will be held at 1:00 p.m. only by providing much-needed financial re- f in Battle Creek, MI at DRMS headquarters. Al- sources, but also by giving her professional though my duties in Congress prevent my at- guidance in the development of the nursing A TRIBUTE TO LU ANN DERING tendance, I would like to take this opportunity curriculum. It is not an exaggeration to say to honor Captain Hempson for the outstanding that without Jeanette Rudy, the nursing pro- HON. JANE HARMAN work he has done to improve the efficiency gram at Cumberland University would not OF CALIFORNIA and overall performance of DRMS during his exist. In 1990, Mrs. Rudy was recognized for IN THE HOUSE OF REPRESENTATIVES tenure in Battle Creek. her efforts with an honorary doctorate of hu- manities from Cumberland. Tuesday, June 18, 1996 Captain Hempson and dedicated DRMS Jeanette is as passionate about her hobbies Ms. HARMAN. Mr. Speaker, I ask that Con- employees have revitalized DRMS by adopting as she is about her devotion to public service. gress join me today in honoring a dedicated a variety of management practices similar to She has assembled what is widely considered constituent of mine, Lu Ann DeRing. On June those used in private industry. Among the to be the finest privately held collection of 21, Lu Ann will be honored at the West- highlights have been the creation of an State and Federal duck stamps, including the chester/LAX Chamber of Commerce's annual Internet site to describe surplus items for sale, very first stamp issued in 1934. In 1992, Mrs. installation dinner for her outstanding service computer tracking of surplus property to re- Rudy served as a judge of the Federal duck as chamber president. duce recordkeeping costs, the initiation of toll- stamp competition in Washington, DC. The Recognizing the need to help fight crime, free phone lines for improved customer serv- Smithsonian Institution has established the during Lu Ann's presidency, the chamber ice, and new advertising practices to increase Jeanette Cantrell Rudy Duck Stamp Gallery at helped raise $15 million for mayor Richard sales. The results have been impressive. Be- the National Postal Museum in her honor. The Riordan's alliance for a safer Los Angeles. tween fiscal years 1993 and 1995, DRMS has gallery will open on June 26, 1996. This private sector contribution was essential increased its annual reutilization, transfer, do- Mrs. Rudy is also an avid sportswoman and to create the infrastructure for a Los Angeles nation, and sale of excess Defense Depart- has held the title of Ladies State Trapshooting Police Department computer network, a critical ment property from $2.9 billion to $3.5 billion. Champion for 9 years, and has been named piece in updating badly outdated equipment. At the same time, it has moved from a net to the women's all-American trap team twice. Lu Ann and the chamber also pressed hard to loss of $120.7 million in fiscal year 1993 to a She sits on the boards of Cumberland Univer- stimulate the local economy and under her net profit of $254.4 million in fiscal year 1995. sity, the St. Thomas Hospital Auxiliary and watch, Dreamworks SKG announced plans to By adopting strategies to put customers Foundation and the Nashville Zoo, and she is open a major studio in Playa Vista. Perhaps first, make use of innovative technologies, and a major supporter of the Nashville Police and the metaphor for a renewed Westchester was increase efficiency and productivity, DRMS Fire Department. Mrs. Rudy was also the the landing of the olympic torch at LAX to and Captain Hempson have provided an ex- major donor of the National Police Memorial in begin its nationwide journey to Atlanta and the ample of how much can be achieved through Washington, DC. 1996 summer games. the reinvention of Government agencies. I sa- Dr. Jeanette Cantrell Rudy is a living legend Over the past year, Lu Ann helped arrange lute Captain Hempson and wish him the best and truly an American original. Her generosity several high-visibility chamber meetings in- of luck in his future endeavors. And to the em- and warmth know no bounds, and her devo- cluding the annual business recognition dinner ployees of DRMS, I say keep up the good tion to public service and humanity have en- which featured many noted entrepreneurs, in- work. riched the lives of countless Tennesseans. It June 18, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1107 is with tremendous pride and genuine affection fall and Winding Stairs, a natural rock forma- of its high school teams, baseball has since that I salute the great spirit, intelligence, and tion, true to its name, that was used by Indi- been an essential part of the city's culture. wit of Jeanette Rudy. She honors us all daily ans long ago. Moreover, many of our modern day heroes with her friendship and love. The success of Macon County stems from all share a piece of the tradition that was es- f its people's ingenuity. In an area known for to- tablished on the Elysian Fields in Hoboken. It bacco, farmers there are turning to alternative is with great pleasure and admiration that I TRIBUTE TO THE FIRST NATIONAL crops such as strawberries, Christmas trees, honor the City of Hoboken and its great peo- PUERTO RICAN PARADE tomatoes, peppers, cabbage, blackberries, ple. grapes, and more. Macon County farmers are HON. JOSE´ E. SERRANO now competing with growers in California and f OF NEW YORK Florida. JOE ALLEN, A SPECIAL SON OF IN THE HOUSE OF REPRESENTATIVES Macon County is composed of hard-working people with the desire to be the best. Among KEY WEST Tuesday, June 18, 1996 other honors, the Macon County Fair has Mr. SERRANO. Mr. Speaker, it is with great twice been named Best Small Fair by the An- HON. PETER DEUTSCH joy that I rise today to pay tribute to an historic nual Tennessee Association of Fairs Conven- OF FLORIDA event, the first National Puerto Rican Parade tion. Macon Countian Ronald Jenkins is the IN THE HOUSE OF REPRESENTATIVES which was held on June 9, in New York City. Tennessee Lion of the Year, while his Lion's Tuesday, June 18, 1996 As a Puerto Rican, a New Yorker, and a Club is ranked third in the State. Member of Congress, it was an honor to par- Macon County was created by necessity. In Mr. DEUTSCH. Mr. Speaker, among its ticipate in this national parade in which thou- 1837, the two closest county seats, that of many favorite sons, Key West regards Joe sands of Puerto Ricans marched in celebra- Sumner County and Smith County, were both Allen with special affection. Not only has he tion of our culture and achievements in this 25 miles away. That year the State legislature been an outstanding public servant, he is also country. created Macon County, named for statesman the unofficial historian of a city which takes its I was 7 years old when my family moved Nathanial Macon. Lafayette is the county seat. historical heritage very seriously. from Puerto Rico to the Bronx in search of The citizens of this county have always This year there is a special facet of Joe's employment opportunities and a brighter fu- sought to do their best with what has been life, to which I would like to bring your atten- ture. given them. To these citizens, I wish contin- tion. It is a romance which began 50 years Leaving the beautiful island of Puerto Rico, ued success and the best life has to offer. ago. While serving a brief tour of duty in his its music, its traditions, and its people was no f home waters helping to track down enemy easy task for those who were born on the Car- submarines, which imperiled our ships off the ibbean island. HONORING THE CITY OF HOBOKEN: Florida Keys, Joe met Marjorie Holladay of In 1958, my father and I had the opportunity BIRTHPLACE OF OUR NATION’S Columbia, KY. At the time, Ms. Holladay had to celebrate our culture during the first His- PASTIME been affiliated with the women of the U.S. panic parade of New York City. As we Naval ReserveÐWAVES. cheered participants, my father quickly un- HON. ROBERT MENENDEZ Now after 50 years of happily married life, folded a Puerto Rican flag to show his love OF NEW JERSEY Joe and Marjorie will celebrate their anniver- and pride for his heritage. IN THE HOUSE OF REPRESENTATIVES sary on June 21 at the old Civil War fort on Two years later, the Hispanic parade be- Monroe Court Beach, now known as the ``Joe Tuesday, June 18, 1996 came the New York Puerto Rican Parade. Allen Garden Center.'' From that day on, once every year, Puerto Mr. MENENDEZ. Mr. Speaker, I rise today Forty of those fifty years have been en- Ricans and friends of the Puerto Rican com- to pay tribute to the City of Hoboken, the birth- twined with a long list of civic and political ac- munity from all of the 50 States and the island place of our national pastime. On June 19, complishments. In addition to serving in the come to New York City to celebrate our herit- 1996, the City of Hoboken as well as the en- State legislature for 10 years before retiring in age. tire Nation will celebrate the 150th anniversary 1986, he served 8 years as a Monroe County This year, for the first time in its 39 years of of baseball. On this day of joyous celebration, commissioner and 20 years as tax assessor. history, the parade has been recognized as a the city will conduct a variety of activities, in- While serving as bicentennial chairman in national eventÐthe largest and most colorful cluding a parade and awards dinner to com- 1976, he was named 1 of 51 State patriots for celebration of Puerto Rican heritage in this memorate the origins of baseball. outstanding service in the field of historic pres- Nation. The game of baseball was born on June 19, ervation, particularly the restoration of two pre- On this occasion, members of the Puerto 1846, on the Elysian Fields in Hoboken. On Civil War forts, East and West Martello Tow- Rican community will march along Fifth Ave- that day, the Knickerbockers squared off ers and the designation of the lighthouse in nue in Manhattan to reaffirm our identity and against the New York Nine and the Knicker- Monroe County as a historic landmark. He is pride of our heritage. Among many other bockers lost the game 23 to 1. The first news- also credited with preserving the national achievements, Puerto Ricans have been in- paper account of a baseball game was actu- guard armory. strumental in transforming New York City into ally written the previous year when other par- In addition to their heavy involvement in a great bilingual city. ticipants gathered in Hoboken on the same community affairs, Joe and Marjorie Allen are Dr. Ricardo AlegrÂõa, a distinguished Puerto field to play an intramural variation of the the proud parents of four sons, Joseph B. III, Rican anthropologist led the parade of thou- game. Dr. William N., John H., and Henry B. I hope sands of participants. Dr. AlegrÂõa is inter- The official birthday of the sport is consid- you will join me in wishing them a joyous 50th nationally renown as an eminence in the res- ered to be in 1846, however, baseball was and many more to come. toration of historic cities, for his anthropo- played in different forms in Hoboken prior to logical and archaeological studies on Puerto that date. Alexander Joy Cartwright, Jr. of Ho- f Rico and the Caribbean, as well as for his pa- boken, has been recognized by many as one tronage of the arts. of the initial inventors of the rules of baseball. PERSONAL EXPLANATION f Thus, the tradition of baseball was established on the banks of the Hudson River in Hoboken, HON. KAREN McCARTHY TRIBUTE TO MACON COUNTY NJ. OF MISSOURI Organized baseball has been played in Ho- IN THE HOUSE OF REPRESENTATIVES boken ever since that very first game. Citizens HON. BART GORDON Tuesday, June 18, 1996 OF TENNESSEE of Hoboken have long contributed to the rich IN THE HOUSE OF REPRESENTATIVES tradition of the sport of baseball by lending Ms. MCCARTHY. Mr. Speaker, during roll- their support to the game in a variety of fash- call votes numbered 246 and 247, I was un- Tuesday, June 18, 1996 ions. The youth of Hoboken have enjoyed the avoidably detained. Had I been present I Mr. GORDON. Mr. Speaker, I rise today to opportunities that the public parks and fields would have voted ``Yes'' on rollcall vote 246, recognize a beautiful and successful county in have provided for their recreational uses. and ``No'' on rollcall vote 247. I ask unanimous my district. Natural beauty resides in Macon From the success of Hoboken's Little League consent that my statement appear in the CON- County at such places as Union Camp Water- program to the well-documented achievements GRESSIONAL RECORD. Thank you. E1108 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1996 TRIBUTE TO THE REV. HENRY LEE PERSONAL EXPLANATION transferred to the criminal investigation section BARNWELL assigned to crimes against persons unit, HON. WILLIAM F. CLINGER, JR. where her primary duty is the investigation of HON. ED PASTOR OF PENNSYLVANIA criminal sexual conduct cases. As we all OF ARIZONA IN THE HOUSE OF REPRESENTATIVES know, Mr. Speaker, domestic disturbances IN THE HOUSE OF REPRESENTATIVES and rape cases are among the most difficult, Tuesday, June 18, 1996 most heart-wrenching, and most potentially Tuesday, June 18, 1996 Mr. CLINGER. Mr. Speaker, on Thursday, dangerous calls to which police officers are Mr. PASTOR. Mr. Speaker, today it is with June 13, 1996, I was unavoidably detained expected to respond to. These are just the great pleasure that I rise to pay tribute to one and missed rollcall votes 244, 245, 246, and types of calls that Special Agent Ogo handles of Phoenix's finest citizens, and also congratu- 247 during the debate on H.R. 3610, the fiscal everyday. I daresay she has witnessed more late the Rev. Henry Lee Barnwell on the occa- year 1997 National Security Appropriations pain and human tragedy over the years than sion of his 29th anniversary in the ministry. Act. Had I been present, I would have voted we could bear. Reverend Barnwell was educated at Rosen- ``No'' on rollcall 244 (Schroeder amendment), Over the years, Special Agent Ogo has re- wald High School in Panama City, FL. He at- ``No'' on rollcall 245 (Shays amendment), ``No'' sponded to, or conducted the investigation of, tended Grand Canyon College and Arizona on rollcall 246 (DeFazio amendment), and nearly every imaginable type of callÐfrom College of the Bible in Phoenix, Talbort Theo- ``Aye'' on rollcall 247 (final passage). staking out illegal gambling dens and chasing logical Seminary at Biola University, Bishop The reason I would have opposed the down car thieves, to investigating murder College and Lacy Kirk Williams Minister's Insti- amendments to cut the defense budgetÐas scenes and testifying at trials. But Special tute, both of Dallas, TX. He also has a Train- the Schroeder and Shays amendments at- Agent Ogo also gives lectures to public and ing Diploma from the Protestant Chaplin's As- tempted to doÐand supported the bill on final private organizations on family and domestic sociation of Okinawa (1958); a Diploma for passage is based on my concerns about cut- violence, child abuse, and sexual assault. She Christian Work from Arizona College of the ting the defense budget too deep, too quickly. assisted in the planning and formation of the Bible (1977); a bachelor of arts degree Defense spending, adjusted for inflation, has Healing Hearts Center, Guam's rape crisis through Arizona College of the Bible (1978); been cut each year since 1985. While I have intervention center. In deed and action, Spe- and a Doctor of Divinity from Guadalupe Bap- supported budgets that lower our defense cial Agent Ogo exhibits a profound application tist Theological Seminary in San Antonio, TX. spending in the past, I am wary about reduc- and understanding of her duty as a peace offi- Retired from the U.S. Air Force, Reverend ing our defense capabilities any further. cer. In the words of her immediate supervisor, Barnwell is now Pastor of the First New Life Dangers still exitsÐsuch as the situation in ``Agent Ogo is an outstanding investigator and Baptist Church in Phoenix. He also serves a Bosnia, Haiti, and North KoreaÐand future continues to be a role model for other inves- chaplaincy with the Arizona State Department threats are impossible to predict. It is clear tigators. She is judicious in carrying out as- of Corrections, and is Auxiliary Chaplin at Wil- that the United States must maintain a signifi- signments. She demonstrates admirable judg- liams Air Force Base in Higley, AZ. Reverend cant military force to deter and defeat future ment and intuition. She has been classified by Barnwell is involved in many other outreach aggressors and to safeguard our Nation unit supervisors and her superiors as the most efforts, having served as president of the against the threat of nuclear proliferation, con- dependable, reliable, and hardworking inves- Interdenominational Ministerial Alliance of tinuing regional conflict, and global instability. tigator who never neglects her duties and of- Phoenix and vicinity; Bible instructor of Zion I believe that H.R. 3610 sets forth defense fers no excuses. She is an asset to this sec- Rest District Association; regional director for spending levels that are fiscally responsible tion and to the department.'' the National Evangelism Movement; first vice- while providing an appropriate defense of our I would add that Special Agent Ogo is a role president of the General Missionary Baptist Nation. model for young men and women in Guam State Convention of Arizona; and immediate Finally, I would have opposed the DeFazio and that she is an asset, not just to her sec- past moderator of the Area One American amendment, stipulating that none of the fund- tion and the police department, but also to the Baptists Churches of the Pacific Southwest. ing included in the bill to develop an anti-mis- island of Guam. I proudly join with Special Reverend Barnwell has applied his energy sile defense of U.S. territory could be used for Agent Lydia Crus Ogo's family, friends, neigh- and talents to many worthwhile projects over space-based antimissile weapons. In my view, bors, and fellow officers in extending our the years as an active member of the board it would be shortsighted and irresponsible to heartiest congratulations and heartfelt Si Yu'os of directors for the Phoenix Opportunities In- limit our options in seeking to find the best Ma'ase. Kontra i piligro, na'fan safo' ham. dustrial Center and St. Mary's Food Bank. He way to defend our Nation against a nuclear Yu'os protehi si Lydia yan todo siha i is also a member of the Mayor's Human Re- missile attack. manga'chong-nÄa gi depatamentun polisian sources Commission; the Maricopa Branch of f Guahan. the NAACP; the Sheriff's Religious Advisory f Committee on Maricopa County; and the city TRIBUTE TO LYDIA CRUZ OGO, of Phoenix Human Resources Commission. GUAM’S POLICE OFFICER OF THE AMERICA’S FRIENDS IN THE Reverend Barnwell also serves on the Clergy YEAR SOUTH PACIFIC, H. CON. RES. 189 Against Drugs and is a past member of the Governor's Advisory Council on Juvenile Jus- HON. ROBERT A. UNDERWOOD HON. BENJAMIN A. GILMAN tice Planning. OF GUAM OF NEW YORK His efforts to educate and improve the qual- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ity of life in the community have earned Rev- erend Barnwell recognition from many groups Tuesday, June 18, 1996 Tuesday, June 18, 1996 who have bestowed awards on him, including Mr. UNDERWOOD. Mr. Speaker, in Guam Mr. GILMAN. Mr. Speaker, today I am intro- The Floyd Adams Community Services Award as elsewhere across our Nation, a grateful ducing House Concurrent Resolution 189, a from the Phoenix Opportunities Industrial Cen- community sets aside time to pay tribute to resolution expressing the sense of the Con- ter; the Religion Award from the Maricopa the men and women of law enforcementÐthat gress regarding the importance of U.S. States County Branch of the NAACP; and the Rec- thin blue line separating law-abiding citizens membership in regional South Pacific organi- ognition for Christian Service Award from the from the criminal element. As part of Guam's zations. National Evangelism Workshop. Reverend Police Week observance, Guam's finest are In the postcolonial era, regional cooperation Barnwell was named Pastor of the Year for recognized for their dedicated service to the has become one of the key elements in the the State of Arizona in 1989 and carries the community. Mr. Speaker, I am proud to an- development of the South Pacific. While the title of ``Honorary Citizen'' from the city of Tuc- nounce that Guam's Police Officer of the Year programs that the South Pacific Commission, son. for 1995 is Special Agent Lydia Cruz Ogo, an the South Pacific Regional Environment Pro- I commend Reverend Barnwell for his many 18-year veteran of the force. gram, and other regional organizations under- years of community service and involvement. Special Agent Ogo graduated from the take are small in scale, the impact on regional Scores of Phoenicians have benefited from his Guam Police Department's 19th cycle on Jan- stability is critical. In short, the small invest- energy and efforts. I ask my colleagues to join uary 6, 1979. She spent the next 14 years in ment is for a high return. with me today in congratulating Reverend the department's patrol division. On December Nations in the South Pacific share our val- Barnwell as he celebrates 29 years of service 7, 1989, Special Agent Ogo was promoted to ues and a commitment to the democratic proc- in the ministry. police officer II. In November 1992, she was ess. Their support has been important to the June 18, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1109 United States in the United Nations and other he is a director and past president of the Mil- FOREIGN OPERATIONS, EXPORT international fora. However, we must not con- waukee Center for Independence and the Mil- FINANCING, AND RELATED PRO- tinue to take it for granted. waukee Public Museum. The University of GRAMS APPROPRIATIONS ACT, In the post-cold-war era we need to ensure Wisconsin-Milwaukee Foundation Board, the 1997 that we remain engaged in this key strategic Milwaukee Heart Institute, First Bank Milwau- region on the doorstep of Asia. In order to do kee, the UW±M School of Business and the SPEECH OF this we must continue to support the work of Marquette University Law School Multicultural HON. JACK REED regional organizations such as the South Pa- Council all benefit from Jerry's dedicated ef- OF RHODE ISLAND cific Commission, the South Pacific Regional forts. IN THE HOUSE OF REPRESENTATIVES Environment Program, and the South Pacific Therfore, it is with great pleasure that I join Tuesday, June 11, 1996 Forum. the family of Louise and Jerry Stein, their busi- I am pleased to learn that the administration ness associates and many friends in honoring The House in Committee of the Whole has recently paid the U.S. contribution for this them as they receive the prestigious Jerusa- House on the State of the Union had under year to the South Pacific Commission. It is im- lem 3000 builders of Israel Award. consideration of the bill (H.R. 3540) making portant that we maintain our commitment to appropriations for foreign operations, export this key regional organization. Continued best wishes, and on behalf of the financing, and related programs for the fis- Accordingly, I urge my colleagues to support residents of the greater Milwaukee-area, I cal year ending September 30, 1997, and for other purposes: the resolution and request that the full text of offer a heartfelt ``thank you'' for your generos- House Concurrent Resolution 189 be printed ity and many, many hours of unselfish work Mr. REED. Mr. Chairman, on June 11, over the years. at this point in the RECORD. 1996, I voted in favor of H.R. 3540, the foreign H. CON. RES 189 operations appropriations bill. While I still have f Resolved by the House of Representatives (the some concerns about this legislation, including the continued restrictions on international fam- Senate concurring), That the Congress— F.E. SPOONER, CHUCK SHAW, RON (1) recognizes the traditional and close ties ily planning and funding of expanded-IMET for between the United States and the South Pa- RHODES HONORED FOR DEDICA- Indonesia, overall I believe this legislation in- cific region and reaffirms the value of these TION TO STUDENTS cludes several important provisions which de- ties; serve the support of the House. (2) notes the need to continue to support First, this bill provides crucial funding for our the efforts of the countries of the region to HON. HARRY JOHNSTON allies in the Middle East. H.R. 3540 recog- enhance the sustainable development of the OF FLORIDA more fragile island economies and their inte- nizes our ongoing commitments to Israel and gration into the regional economy, while Egypt, providing $3 billion and $2.1 billion re- helping to ensure the protection of the HON. MARK ADAM FOLEY spectively in economic and military aid. unique ecosystems of the region; OF FLORIDA As our Democratic ally in the Middle East, (3) commends the South Pacific Commis- IN THE HOUSE OF REPRESENTATIVES Israel has been a leader in the effort to bring sion for the process of managerial and orga- peace to this region of the world. The peace nizational reform currently being under- Tuesday, June 18, 1996 process is under tremendous pressure and we taken, and recognizes the important role the need to continue to show our strong support United States financial contribution to, and Mr. JOHNSTON of Florida. Mr. Speaker, we as Israel and its neighbors continue to seek participation in, the organization makes in are pleased to congratulate F.E. (Buz) peace. It is crucial that we maintain this fund- assisting it to realize the gradual economic Spooner, Chuck Shaw, and Ron Rhodes for ing and continue our efforts on behalf of the self-sufficiency to all members of the organi- their long dedication to the students of Palm zation; and peace process in the Middle East. Beach County. For 38 years they have pro- (4) reaffirms the commitment of the Unit- H.R. 3540 also takes important steps to vided over 55,000 students with the oppor- ed States as a member of the South Pacific strengthen the Humanitarian Corridor Act. As tunity to visit our Nation's Capital. It has been Commission and the South Pacific Regional a cosponsor of the Humanitarian Aid Corridor Environment Programme, and the post- our pleasure to greet the thousands of stu- Act, I was extremely troubled with the Presi- forum dialogue partnership of the United dents they brought to Washington, DC. Every dent's waiver of the Humanitarian Aid Corridor States with the South Pacific Forum. year the patrols arrive and fill the seats on the Act for Turkey on May 16, 1996. I am pleased f floor of the House of Representatives, bringing that the House overwhelming approved Mr. their interest and excited enthusiasm to these TRIBUTE TO LOUISE AND GERALD VISCLOSKY's amendment which cut economic normally staid Chambers. Their enthusiasm STEIN aid to Turkey by $25 million until it lifts its reminded all of us who work here of the awe- blockade of U.S. humanitarian relief to Arme- some nature of the Capitol and what it rep- nia. This amendment will send a strong mes- HON. GERALD D. KLECZKA resents. sage to Turkey that the United States will not OF WISCONSIN We commend Buz, Chuck, and Ron for IN THE HOUSE OF REPRESENTATIVES condone its continued illegal occupation of granting this opportunity to so many students Northern Cyprus and the internationally con- Tuesday, June 18, 1996 over the years. One of the greatest problems demned blockade of U.S. humanitarian assist- Mr. KLECZKA. Mr. Speaker, I am pleased in our country today is a lack of understanding ance to Armenia. We should not allow human- today to rise in tribute to Milwaukeeans Louise and appreciation for our democratic system itarian assistance to be used as a political and Gerald Stein, as they receive the Jerusa- and the way we make laws and why. Introduc- weapon while innocent victims are deprived of lem 3000 Builders of Israel Award on Monday ing young people to the Capitol and educating food, fuel, and medical supplies, whether it be evening, June 24, 1996. them on the law-making process is a truly ad- in the wake of a natural disaster or armed ag- Both Louise and Jerry were raised in tradi- mirable pursuit that will serve our entire coun- gression. tional Jewish homes, stressing family and try as those same students become adults I also supported Mr. RADANOVICH's amend- faith. These commitments remain an important who have the power to vote and effect ment to withhold a small portion of aid to Tur- and vital part of their lives to this day. change. key until the government acknowledges the Louise, in addition to raising the couple's The efforts and dedication of Buz Spooner, Armenian genocide. We cannot ignore the three daughters, has been very active over the Chuck Shaw, and Ron Rhodes are remem- atrocities that the Armenian people suffered years as an officer in the Milwaukee Jewish bered and appreciated by our south Florida between 1925 and 1923 or the continued de- Federation, the Milwaukee Association for colleagues in the U.S. House of Representa- nial of this horrible chapter in history. The vic- Jewish Education and the B'nai B'rith Wom- tives and our predecessors, the Honorables tims of this holocaust, as well as the survivors en's Council. Dan Mica and Tom Lewis. Most importantly, and their families, deserve the recognition of As president and chief executive officer of they are remembered by the students who will this crime against humanity. the Milwaukee-based Zilber/Towne Realty retain the experience and grow up to be citi- As I stated earlier, I remain concerned family of companies, Jerry has been a positive zens actively involved in the democratic proc- about several provisions in the bill. I offered force in the Milwaukee business and Jewish ess. We can only hope that others will take up an amendment with my colleague, Mr. FRANK communities for many years. He is currently the challenge and continue providing this serv- of Massachusetts, to prohibit funding of E± the president of the Milwaukee Jewish Federa- ice for future generations. It would be the best IMET for Indonesia. The Indonesian Govern- tion and is a past campaign chair. In addition, way to honor the legacy of these three men. ment continues to commit egregious human E1110 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1996 rights abuses against the people of east science organization for women in the United serving as a narcotics officer, he was shot and Timor, and, indeed, incidents of abuse by the States. Founded in 1971, it has grown to 74 his partner was killed while apprehending an Indonesia military increased over the past chapters with nearly 6,000 members nation- escapee from a Florida chain gang. Despite year, according to the State Department. wide. this enormous tragedy, Sgt. Kohrherr found While I am disappointed that this amendment AWIS is committed to achieving equity and the courage to continue his law enforcement did not pass, I urge my colleagues to continue full participation of women in all areas of career and to serve with the Narcotics Unit to pressure the Indonesian government to ad- science and technology. Serving as a national until 1976. After serving several more years in here to international human rights standards voice, the association has been recognized for various departmental units such as the Motor- and to hold Indonesia accountable for its its leadership and has made a lasting impact cycle Division and Uniform Patrol, he was pro- human rights record. on the accessibility of science and engineering moted to the rank of Sergeant where he com- Overall, this bill provides $11.9 billion for education and careers to women. pleted his law enforcement career. foreign aid operations, a cut of $460 million A high priority of AWIS is diversity in the Sgt. Kohrherr's career exemplifies the true from last year's level of funding. I believe it is broadest definition, including race and eth- meaning of valor and achievement. For his in the best interest of the U.S. to maintain a nicity, workplace, education level and dis- service as a law enforcement officer, he was strong presence abroad. This legislation sup- cipline. The scope of this diversity is reflected awarded the New Jersey State Medal of Honor, the State P.B.A. Valor Award, four ports our commitment to the international com- in its membership. Disciplines include natural meritorious service awards, and the Knights of munity while addressing the fiscal realities we sciences, from agronomy to engineering, and Columbus Policeman of the Year Award. face here at home. Thank you, Mr. Speaker. social sciences, from anthropology to psychol- Aside from being a highly decorated and re- ogy. Nearly 60 percent of AWIS members hold f spected officer, Sgt. Kohrherr has for many a Ph.D. In addition, more than 50 percent are years put his life on the line for the protection IN SUPPORT OF THE IRAN OIL involved with academic institutions. The re- and safety of others. It is therefore fitting to SANCTIONS ACT OF 1996 mainder work in industry or government. say that Sgt. Charles Kohrherr is truly one of AWIS has also been instrumental in nomi- New Jersey's finest. HON. E. CLAY SHAW, JR. nating women who were subsequently ap- I ask that my colleagues join me in honoring OF FLORIDA pointed to the National Science Board and the Sgt. Charles Kohrherr, a special individual IN THE HOUSE OF REPRESENTATIVES President's Committee on Science and Tech- who has devoted himself to serving his coun- nology. Members have also received several Tuesday, June 18, 1996 try and community with honor and dignity. I prestigious national awards such as the Na- applaud the dedication of such a remarkable Mr. SHAW. Mr. Speaker, I rise today in sup- tional Medal of Science. I would especially like man and an exceptional law enforcement offi- port of the Iran Oil Sanctions Act of 1996. to commend the president of AWIS, Jaleh cial. Daie, a professor at the University of Wiscon- H.R. 3107 is a good bill that will impose sanc- f tions on those who provide Iran and Libya with sin. She was recently inducted into the Hall of the ability to acquire or create weapons of Fame for the Network of Women in Tech- TRIBUTE TO JOHN BRAGG mass destruction. nology International. Iran and Libya continue to pose a serious In 1996, AWIS celebrates 25 years of serv- HON. BART GORDON threat to the Middle East Peace process and ice and commitment to equity, leadership OF TENNESSEE training, diversity, and to supporting women in to the security of nations around the world. IN THE HOUSE OF REPRESENTATIVES Both nations continue to sponsor international their career advancement. I am pleased to Tuesday, June 18, 1996 terrorism and operate to disrupt world stability. honor this important organization which is They have shown complete disregard for the committed to a strong and diverse science Mr. GORDON. Mr. Speaker, I rise today to value of human life with the downing of Pan and education enterprise. recognize the 30-year career of a great states- Am Flight 103, the Berlin disco bombing in f man, Tennessee State Representative John 1985, the seizure of U.S. hostages in Tehran Bragg. Upon his retirement, I would like to rec- and their continued sponsorship of inter- SGT. CHARLES KOHRHERR HON- ognize his outstanding achievements, honors, national terrorists. ORED FOR SERVICE TO HIS and successes, both personally and for the Since these nations refuse to cooperate with COUNTRY AND COMMUNITY State of Tennessee. the rest of the world on peace initiatives, the Serving as the House Finance chairman for United States must take steps to prevent HON. ROBERT MENENDEZ 22 years, Mr. Bragg established an ethical foundation of admirable weight. He subse- these nations from earning the money they OF NEW JERSEY need to sponsor further international terrorism. quently made significant changes in the State IN THE HOUSE OF REPRESENTATIVES The best way to do this is to convince Iran legislative process. For these measures, he and Libya's creditors and trading partners not Tuesday, June 18, 1996 was awarded the title chairman emeritus. In addition, he was a stronghold in the cre- to transact business with them. This will put Mr. MENENDEZ. Mr. Speaker, I rise today pressure on these terrorist countries to reform ation of the Tennessee Consolidated Retire- to pay special tribute to Sgt. Charles Kohrherr, ment System. As such, Tennessee is consid- their policies. The United States needs to take a courageous individual who has served the the lead and take decisive action today and if ered one the best managed States in the Nation in time of war and whose bravery has country, with regard to public pension plans. we fail to do so, we are bound to see the loss helped protect Union City from crime for many of more innocent lives around the world. Mr. Bragg hails from Murfreesboro, TN, and years. His selfless dedication to public service his loyalty has never swayed. He has rep- I urge each of my colleagues to support has made him a model of excellence in law resented the city and Rutherford County H.R. 3107. enforcement and an ambassador of goodwill throughout his entire three decades in politics. f throughout the community. During that time, he boosted Middle Ten- In 1967, Sgt. Kohrherr began his career en- nessee State University to a premier edu- JUNE: SCIENCE AND TECHNOLOGY listing in the U.S. Army. From 1968 to 1969, MONTH cational institution within the State. He se- he was assigned to the 1st Aviation Brigade, cured the funds to build three multimillion dol- 61st Helicopter Company, while serving in lar complexes for the school: the mass com- HON. SCOTT L. KLUG Vietnam. Before being honorably discharged munications building, the Tennessee Livestock OF WISCONSIN from the Army in 1970, he amassed an out- Center, and a $31.7 million library. IN THE HOUSE OF REPRESENTATIVES standing service record, including 11 air medal Joining Mr. Bragg at his retirement cere- awards, the Vietnam Campaign Ribbon, a Unit mony were colleagues, friends, and family. He Tuesday, June 18, 1996 Citation and the Air Crewman Badge of Cour- attributed most of his accomplishments to their Mr. KLUG. Mr. Speaker, since June is age. support; and similarly, his desire to care for Science and Technology Month, it is appro- Following his military service, he joined the those he loves extends to his fellow citizens. priate that we honor the 25th anniversary of Union City Police Department in 1971. By I ask that we recognize John Bragg for his the Association for Women in Science [AWIS]. 1972, he was made a detective and assigned endless dedication, his honorable values, and This association is the largest multidisciplinary to the Narcotics Unit. Then in 1974, while his compassion for Tennessee. June 18, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1111

FOREIGN OPERATIONS, EXPORT I commend my colleague, Mr. OBEY, for his countless number of contributions to American FINANCING, AND RELATED PRO- amendment which sets the stage for greater medicine. Rick is the only member of the GRAMS APPROPRIATIONS ACT, additional support to the War Crimes Tribunal board of advisors to the Health Policy Institute 1997 in the Hague. As the author of a resolution af- at both the Medical College of Wisconsin and firming support for the War Crimes Tribunal I the University of Wisconsin. He has authored SPEECH OF am gratified to see us stand behind this insti- 435 scientific articles, chapters, and a book HON. PATRICK J. KENNEDY tution with the kind of support that will make and has lectured throughout the world. Rick is OF RHODE ISLAND a real difference in helping the tribunal suc- the former chairman of the surgery department cessfully fulfill its mission. at both Sinai-Samaritan and St. Michael Hos- IN THE HOUSE OF REPRESENTATIVES I firmly believe that the tribunal is engaged pitals in Milwaukee. Rick was voted by his Tuesday, June 11, 1996 in one of the most important tasks under way peers the best urologist in Milwaukee in three The House in Committee of the Whole today. The tribunal is dedicated to bringing to separate surveys by Milwaukee Magazine in House on the State of the Union had under justice those who have committed crimes of 1987, 1991, and 1996. Rick further serves as consideration the bill (H.R. 3540) making ap- such horror that we barely fathom their enor- the medical director of the Bernard and Helen propriations for foreign operations, export fi- mity. The tribunal will bring an end to the cen- Soref Prostate Cancer Foundation and the nancing, and related programs for the fiscal turies of violence and retribution. It is this Gordon Henke Cancer Foundation. In addition, year ending September 30, 1997, and for other cycle of lawlessness that is the breeding purposes: he is a professor in the Health Policy Institute ground of conflict and of war. If we can break and in the Department of Family Medicine at Mr. KENNEDY of Rhode Island. Mr. Chair- this cycle, if we subdue the instinct of re- the Medical College of Wisconsin. man, on June 11, I voted in favor of H.R. venge, we can build a more secure future President Clinton recognized Rick's capabili- 3540, the foreign operations appropriations where peace will be possible. ties in 1995 when he appointed him to the Na- bill. While this bill makes several important tional Cancer Advisory Board and the National I believe that this legislation contains some strides forward in the advancing the cause of Institutes of Health. In 1996, Rick broke new very important measures that will strengthen protecting human rights, I remain deeply trou- international ground when he led the first phy- America's position in the world, offer critical bled by the House's unwillingness to revoke sicians' mission to Israel. In addition to his help to allies, and bolster the Humanitarian IMET to Indonesia. I was honored to join my professional associations, Rick selflessly de- Aid Corridor Act approved by this House ear- colleague from Massachusetts, Mr. FRANK, in votes his personal time to numerous philan- lier. introducing an amendment that would cut off thropic organizations including the Milwau- I remain troubled, however, by several IMET to Indonesia. I am a supporter of IMET, kee's Jewish Federation, the Milwaukee Jew- measures in this bill, including the continued but this is the wrong time and the wrong place ish Council, the Wisconsin State of Israel restrictions on international family planning, for IMET. Bonds, the Milwaukee Jewish Home and Care the funding of expanded IMET for Indonesia, Finally, I want to express my reservations Center, the Weizmann Institute, and the and by the reductions in development aid to over the reductions in aid to some of the Friends of Lubavitch. some of the poorest nations in the world. world's poorest nations. We face very serious Mr. Speaker, I commend the Wisconsin We face a critically important stage in secur- budget challenges that require us to make dif- Friends of Lubavitch on its excellent selection ing peace in the Middle East. Through hard ficult choices, and many programs which of Dr. Richard Boxer as this year's honored work and commitment we have achieved mean a great deal to my constituents are guest, and I wish Rick, his wife Barbara, and much in recent years. There is much left to being cut and they are suffering. We must, their loving children continued success in all of achieve before the people of the Middle East however, continue to recognize our respon- their endeavors. enjoy a true and lasting peace. H.R. 3540 al- sibility as citizens of this planet. We are a f lows us to build on the achievements in peace great and wealthy nation. We are a shining that we have already secured by giving eco- example that free people all over the world TRIBUTE TO CAPITAL nomic and military aid to our allies, Egypt and look to. Assisting those who are struggling is COMMITMENT Israel. At this important juncture in the peace one of the duties of leadership. process, it is important for us to reaffirm our Contrary to what many think, this aid is, and HON. CARRIE P. MEEK commitment to our allies and to the peace always has been, a modest part of our budget OF FLORIDA process to which we must remain committed. and we realize a good return on this invest- IN THE HOUSE OF REPRESENTATIVES The bill also makes important steps forward ment. A little aid can go a long way in building Tuesday, June 18, 1996 in our commitment to child survival. I applaud democracies and free economies, and when the creation of this distinct account, with it fo- these achievements have been secured, we Mrs. MEEK of Florida. Mr. Speaker, I rise cused mission and spending. These are some live in a richer and more stable world. today to congratulate a dynamic local organi- of the most important funds provided under In the current budget environment, we must zation which has brought telecommunications the bill. This account will make a real dif- spend our limited resources very carefully. We training and knowledge to the economically ference in the lives of millions of children, and face serious and very pressing problems here disadvantaged of the Washington area. Cap- help struggling nations build more secure fu- at home, and we are not able to spend all we ital Commitment, recently celebrated its 50th tures. should on these. It is in light of these chal- anniversary. And, through its fine work, 424 I was very pleased to see the House adopt lenges that I support the bill before us. It will disadvantaged students have graduated from two very important amendments that reaffirm make America stronger. programs which have prepared them for well our commitment to Armenia. As an original co- f paying jobs in telephone installation, mainte- sponsor of the Humanitarian Aid Corridor Act nance, and repair. I am pleased to see this important, principled A TRIBUTE TO DR. RICHARD J. Capital Commitment was born from a vision measure strengthened. This strengthening is BOXER held by Ernest and La Verne Boykin who rec- needed because the measure, approved by ognized in June 1991 that the telecommuni- Congress last year, was waived by the Presi- HON. THOMAS M. BARRETT cations industry in which they had worked for dent. Congress is sending an unmistakable OF WISCONSIN so many years had few minorities. They also message to the Government of Turkey that its IN THE HOUSE OF REPRESENTATIVES witnessed increased violence in their Wash- continued illegal occupation of Cypress and its ington neighborhood and had the compassion unpardonable blockade of Armenia are crimi- Tuesday, June 18, 1996 to ask themselves what they could do to help nal and must cease. Mr. BARRETT of Wisconsin. Mr. Speaker, I these young people bring focus to their lives. As well, I am pleased that the House pay tribute today to one of Milwaukee Coun- The answer to Ernest and La Verne was to passed Mr. Radanovich's amendment which ty's truly outstanding citizens, Dr. Richard J. leave their jobs at high technology tele- withholds a portion of United States aid to Tur- Boxer. As the Lubavitch House of Wisconsin communications companies to set up Capital key until that government acknowledges the prepares to honor Dr. Boxer for his multitude Commitment. Armenian genocide. History shows us that the of contributions to our community, I would like In the fall of 1991, they formed partnerships horrors of the past can not be forgotten. That to take a moment to reflect on the remarkable with the DC public schools, Ballou STAY and when we allow denial and distortion to replace achievements of this great man. Northern Telecom [Nortel], a world leader in truth, we all reduced, and the security of the Dr. Boxer, or Rick, as he prefers to be designing, engineering, building, and maintain- future is undermined. known, has been nationally recognized for his ing digital networks. By January 1992, they E1112 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1996 graduated their first class, which consisted of the National Center for Neighborhood Enter- ships with the Pentagon Renovations, BISCI, six homeless men from the Omega-Alpha prises, the Hitachi Foundation, The Beer Insti- the Private Industry Councils of Washington, Brotherhood. They were successful in placing tute and the United Black Fund, they reached DC, Prince Georges County and Montgomery this class in good jobs and they used their 50 percent of their money raising goal. County. Their partners provide funding and success to solicit support from local founda- In the summer of 1994, their success in also help secure employment for Capital Com- tions. training and placing their students in high pay- mitment graduates. ing, high technology jobsÐby this time they As they struggled financially, they continued had graduated 219Ðattracted additional part- It gives me great pleasure to ask my col- their important program and, by the end of nerships with Bell Atlantic and the Eisenhower leagues to join me in congratulating Ernest 1993, had graduated 150 students and had an Foundation. Things had started to turn around and La Verne Boykin and all of their partners all-time high placement record of 97.5 percent. for them. in Capital Commitment for making a real dif- They still had not met their most important Capital Commitment has been featured on ference in their communities by providing hope goal, to raise $100,000. However with contin- several TV and radio stations within the last and a future to the economically disadvan- ued support from Nortel as well as help from year. They have announced further partner- taged. Tuesday, June 18, 1996 Daily Digest Senate that may be expended for infrastructure programs of Chamber Action the Department of Defense in order to increase fund- Routine Proceedings, pages S6313–S6419 ing for force modernization. Pages S6386±93, S6397 Measures Introduced: Four bills and two resolu- Pending: tions were introduced, as follows: S. 1881–1884, and Dorgan Amendment No. 4048, to reduce funds S. Res. 265 and 266. Pages S6408±09 authorized for research, development, test, and eval- Measures Reported: Reports were made as follows: uation for national missile defense. Pages S6393±S6402 Reported on Monday, June 17, 1996, during the Kyl Amendment No. 4049, to authorize under- adjournment of the Senate: ground nuclear testing under limited conditions. Special Report entitled ‘‘The Final Report’’. (S. Pages S6403±04 Rept. No. 104–280) Page S6408 A unanimous-consent time-agreement was reached Reported today: providing for further consideration of amendment H.R. 3448, to provide tax relief for small busi- No. 4048, listed above, on Wednesday, June 19, nesses, to protect jobs, to create opportunities, to in- 1996, with a vote to occur thereon. Page S6400 crease the take home pay of workers, with an amend- Appointments: ment. (S. Rept. No. 104–281) Page S6408 JFK Center for the Performing Arts: The Chair, Measures Passed: on behalf of the President of the Senate, pursuant to Church Burnings: Senate agreed to S. Res. 265, Public Law 85–874, as amended, appointed Senator relating to church burnings. Pages S6384±86 Simpson to the Board of Trustees of the John F. Congratulating the Chicago Bulls: Senate agreed Kennedy Center for the Performing Arts. Page S6417 to S. Res. 266, to congratulate the Chicago Bulls on Nominations Received: Senate received the follow- winning the 1996 National Basketball Association ing nominations: Ayse Manyas Kenmore, of Florida, Championship and proving themselves to be one of to be a Member of the National Museum Services the best teams in NBA history. Pages S6416±17 Board for a term expiring December 6, 2000. E. Barrett Prettyman U.S. Courthouse: Commit- Patricia M. McMahon, of New Hampshire, to be tee on Environment and Public Works was dis- Deputy Director for Demand Reduction, Office of charged from further consideration of H.R. 3029, to National Drug Control Policy, vice Fred W. Garcia. designate the United States Courthouse in Washing- 5 Army nominations in the rank of general. ton, District of Columbia, as the ‘‘E. Barrett Routine lists in the Air Force, Army, Foreign Prettyman United States Courthouse’’, and the bill Service. Pages S6418±19 was then passed, clearing the measure for the Presi- Measures Referred: Page S6408 dent. Page S6417 Executive Reports of Committees: Page S6408 DOD Authorizations: Senate began consideration of S. 1745, to authorize appropriations for fiscal year Statements on Introduced Bills: Pages S6409±10 1997 for military activities of the Department of Additional Cosponsors: Pages S6410±11 Defense, for military construction, and for defense Amendments Submitted: Pages S6411±12 activities of the Department of Energy, and to pre- scribe personnel strengths for such fiscal year for the Notices of Hearings: Page S6412 Armed Forces, taking action on amendments pro- Authority for Committees: Page S6412 posed thereto, as follows: Pages S6313±84, S6386±S6404 Rejected: Additional Statements: Pages S6412±16 Grassley Amendment No. 4047, to freeze at the Adjournment: Senate convened at 10 a.m., and ad- level programmed for fiscal year 1998 the amount journed at 6:35 p.m., until 9 a.m., on Wednesday, D625 D626 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 1996 June 19, 1996. (For Senate’s program, see the re- APPROPRIATIONS—MILITARY marks of the Acting Majority Leader in today’s CONSTRUCTION Record on page S6417.) Committee on Appropriations: Subcommittee on Mili- tary Construction approved for full committee con- Committee Meetings sideration, with amendments, H.R. 3517, making appropriations for military construction, family hous- (Committees not listed did not meet) ing, and base realignment and closure for the De- partment of Defense for the fiscal year ending Sep- LIVESTOCK MARKET tember 30, 1997. Committee on Agriculture, Nutrition, and Forestry: Sub- TELECOMMUNICATIONS ACT committee on Research, Nutrition, and General Leg- Committee on Commerce, Science, and Transportation: islation concluded hearings to examine current cattle Committee concluded oversight hearings on the Fed- market developments, focusing on recent reports is- eral Communications Commission implementation of sued by a Department of Agriculture Advisory Com- the Telecommunications Act of 1996, after receiving mittee to investigate market concentration (a condi- testimony from Reed E. Hundt, Chairman, and tion in which a few firms possess a large share) in James H. Quello, Susan Ness, and Rachelle B. the agriculture industry, and pricing and procure- Chong, each a Commissioner, all of the Federal ment methods currently used by major meatpackers, Communications Commission; Kenneth McClure, and Administration initiatives to provide feed assist- Missouri Public Service Commission, and Martha S. ance and stabilize cattle markets, after receiving tes- Hogerty, Missouri Office of the Public Counsel, both timony from Senators Burns and Thomas; Michael of Jefferson City; Laska Schoenfelder, South Dakota V. Dunn, Assistant Secretary of Agriculture for Mar- Public Utilities Commission, Pierre; Sharon L. Nel- keting and Regulatory Programs; J. Patrick Boyle, son, Washington Utilities and Transportation Com- American Meat Institute, Arlington, Virginia; mission, Olympia; and Julia Johnson, Florida Public George Swan, Rogerson, Idaho, on behalf of the Na- Service Commission, Tallahassee. tional Cattlemen’s Beef Association; Wayne D. Pur- cell, Virginia Tech University, Blacksburg; and Carl BUSINESS MEETING Jensen, Iowa Cattlemen’s Association, Everly. Committee on Environment and Public Works: Commit- APPROPRIATIONS—DEFENSE tee began markup of S. 1730, to strengthen and im- prove provisions of the Oil Pollution Act of 1990, Committee on Appropriations: Subcommittee on Defense and to ensure that citizens and communities injured concluded hearings on H.R. 3610, making appro- by oil spills are promptly and fully compensated, S. priations for the Department of Defense for the fiscal 1636, to designate the United States Courthouse year ending September 30, 1997, after receiving tes- under construction at 1030 Southwest 3rd Avenue, timony from numerous public witnesses. Portland, Oregon, as the ‘‘Mark O. Hatfield United States Courthouse’’, H.R. 3364, to designate the APPROPRIATIONS—FOREIGN ASSISTANCE Federal building and United Sates courthouse located Committee on Appropriations: Subcommittee on Foreign at 235 North Washington Avenue in Scranton, Operations approved for full committee consider- Pennsylvania, as the ‘‘William J. Nealon Federal ation, with amendments, H.R. 3540, making appro- Building and United States Courthouse’’, H.R. priations for foreign operations, export financing, 1772, to authorize the Secretary of the Interior to ac- and related programs for the fiscal year ending Sep- quire certain interests in the Waihee Marsh for in- tember 30, 1997. clusion in the Oahu National Wildlife Refuge Com- plex, H.R. 2660, to increase the amount authorized APPROPRIATIONS—NIH to be appropriated to the Department of the Interior Committee on Appropriations: Subcommittee on Labor, for the Tensas River National Wildlife Refuge in Health and Human Services, and Education and Re- Louisiana, H.R. 2679, to revise the boundary of the lated Agencies held hearings on proposed budget es- North Platte National Wildlife Refuge in Nebraska, timates for fiscal year 1997 for the National Insti- H.R. 2982, to direct the Secretary of the Interior to tutes of Health, receiving testimony from Harold convey the Carbon Hill National Fish Hatchery to Varmus, Director, National Institutes of Health, De- the State of Alabama, S. 1802, to direct the Sec- partment of Health and Human Services, who was retary of the Interior to convey certain property con- accompanied by several of his associates. taining a fish and wildlife facility to the State of Subcommittee will meet again on Tuesday, July Wyoming, and S. 1871, to expand the 16. Pettaquamscutt Cove National Wildlife Refuge in June 18, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D627 Rhode Island, but did not complete action thereon, both former program participants; and a current pro- and recessed subject to call. gram participant. ACCESS TO GOVERNMENT INFORMATION FEDERAL WITNESS SECURITY PROGRAM Committee on Rules and Administration: Committee Committee on the Judiciary: Committee concluded over- held hearings to examine the role of the Federal De- sight hearings on the effectiveness of the Department pository Library Program of the Government Print- of Justice witness security program created under the ing Office in ensuring public access to Government Organized Crime Act of 1970 to protect witnesses information, receiving testimony from Wayne P. who testify against traditional organized crime fig- Kelley, Superintendent of Documents, Government ures, after receiving testimony from John C. Keeney, Printing Office; Daniel P. O’Mahony, Brown Uni- Acting Assistant Attorney General, Criminal Divi- versity Library, Providence, Rhode Island, on behalf sion, Eugene L. Coon, Jr., Acting Assistant Director, of the Federal Depository Library Council; Betty J. United States Marshals Service, Patrick H. Nemoyer, Turock, Rutgers University, New Brunswick, New United States Attorney for the Western District of Jersey, on behalf of the American Library Associa- New York, and Peter M. Carlson, Assistant Director, tion, American Association of Law Libraries, Associa- Federal Bureau of Prisons, all of the Department of tion of Research Libraries, and the Special Libraries Justice; Steven P. Wood, Delaware Deputy Attorney Association; and Christie D. Vernon, Yorktown, Vir- General, and Alisa Pennington, both of Wilmington, ginia. Delaware; James Peter Basile and George Taylor, Hearings continue tomorrow. h House of Representatives Recess: The House recessed at 1:23 p.m. and recon- Chamber Action vened at 2:00 p.m. Page H6431 Bills Introduced: 11 public bills, H.R. 3662–3672; Suspensions: The House voted to suspend the rules and 1 resolution, H. Con. Res. 189, were intro- and pass the following measures: duced. Pages H6508±09 Reports Filed: Reports were filed as follows: Anti-Car Theft Improvements: H.R. 2803, H.R. 3662, making appropriations for the Depart- amended, to amend the anti-car theft provisions of ment of the Interior and related agencies for the fis- title 49, United States Code, to increase the utility cal year ending September 30, 1997 (H. Rept. of motor vehicle title information to State and Fed- 104–625); eral law enforcement officials; Pages H6449±51 H.R. 3572, to designate the bridge on United Church Arson Prevention: H.R. 3525, amended, States Route 231 which crosses the Ohio River be- to amend title 18, United States Code, to clarify the tween Maceo, Kentucky, and Rockport, Indiana, as Federal jurisdiction over offenses relating to damage the ‘‘William H. Natcher Bridge’’ (H. Rept. to religious property (passed by a yea-and-nay vote 104–626); of 422 yeas, Roll No. 248); Pages H6451±62, H6478±79 H. Res. 455, providing for consideration of the bill (H.R. 3662) making appropriations for the De- William H. Natcher Bridge: H.R. 3572, to des- partment of the Interior and related agencies for the ignate the bridge on United States Route 231 which fiscal year ending September 30, 1997 (H. Rept. crosses the Ohio River between Maceo, Kentucky, 104–627); and Rockport, Indiana, as the ‘‘William H. Natcher H.R. 3666, making appropriations for the Depart- Bridge’’; and Pages H6462±64 ments of Veterans Affairs and Housing and Urban Single Audit Act: S. 1579, to streamline and im- Development, and for sundry independent agencies, prove the effectiveness of chapter 75 of title 31, boards, commissions, corporations, and offices for the United States Code (commonly referred to as the fiscal year ending September 30, 1997 (H. Rept. ‘‘Single Audit Act’’). Pages H6464±69 104–628); and Supplemental report on H.R. 1858, to reduce pa- Suspensions—Votes Postponed: House completed perwork and additional regulatory burdens for depos- all debate on motions to suspend the rules and pass itory institutions (H. Rept. 104–193, Part II). the following measures. Votes were postponed until Page H6508 Wednesday, June 19. D628 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 1996 Securities Amendments: H.R. 3005, amended, to Northwest Power System. Testimony was heard from amend the Federal securities laws in order to pro- John Velehradsky, Director of Engineering and mote efficiency and capital formation in the financial Technical Service, North Pacific Division, Corps of markets, and to amend the Investment Company Act Engineers, Department of the Army; Donna Darm, of 1940 to promote more efficient management of Senior Policy Analyst, Northwest Region, National mutual funds, protect investors, and provide more Marine Fisheries, NOAA, Department of Commerce; effective and less burdensome regulation; and and public witnesses. Pages H6436±49 MISCELLANEOUS MEASURES Iranian Oil Sanctions: H.R. 3107, amended, to Committee on Government Reform and Oversight: Sub- impose sanctions on persons exporting certain goods committee on the District of Columbia approved for or technology that would enhance Iran’s ability to full Committee action the following bills: H.R. explore for, extract, refine, or transport by pipeline 3663, District of Columbia Water and Sewer Au- petroleum resources. Pages H6469±78 thority Act of 1996; and H.R. 3664, District of Co- Late Report: Committee on Appropriations received lumbia Government Improvement and Efficiency Act permission to have until midnight tonight to file a of 1996. report on H.R. 3666, making appropriations for the AID WHISTLEBLOWER— Department of Veterans Affairs and Housing and ADMINISTRATION’S RESPONSE Urban Development for the fiscal year ending Sep- Committee on International Relations: Held a hearing on tember 30, 1997. Page H6479 the Administration’s response to AID Whistle Blow- Supplemental Report: It was made in order for the er Paul Neifert. Testimony was heard from Larry E. Committee on Banking and Financial Services to file Byrne, Assistant Administrator, Management, AID, a supplemental report on H.R. 1858, to reduce pa- U.S. International Development Cooperation Agency. perwork and additional regulatory burdens for depos- CHINA MFN itory institutions. Page H6479 Referral: One Senate-passed measure was referred to Committee on International Relations: Subcommittee on International Operations and Human Rights held a the appropriate House committee. Page H6507 hearing on China MFN: Human Rights Con- Amendments: Amendments ordered printed pursu- sequences. Testimony was heard from Representa- ant to the rule appear on pages H6509–11. tives Wolf and Pelosi; and public witnesses. Senate Messages: Message received from the Senate BALLISTIC MISSILE DEFENSE today appears on page H6425. Committee on National Security: Subcommittee on Mili- Quorum Calls—Votes: One yea-and-nay vote de- tary Procurement and the Subcommittee on Military veloped during the proceedings of the House today. Research and Development held a joint hearing on There were no quorum calls. Pages H6478±79 Ballistic Missile Defense. Testimony was heard from Adjournment: Met at 12:30 p.m. and adjourned at the following officials of the Department of Defense: 10:32 p.m. RAdm. Richard D. West, USN, Acting Director, Ballistic Missile Defense Organization; Maj. Gen. Committee Meetings Robert E. Linhead, USAF, Director of Plans, Depart- ment of the Air Force; and Lt. Gen. Jay M. Garner, LEGISLATIVE APPROPRIATIONS USA, Commanding General, Space and Strategic De- Committee on Appropriations: Subcommittee on Legisla- fense Command, Department of the Army. tive approved for full Committee action the Legisla- Hearings continue June 20. tive appropriations for fiscal year 1997. FEDERAL LAND USE POLICIES TREASURY, POSTAL SERVICE AND Committee on Resources: Held an oversight hearing on GENERAL GOVERNMENT APPROPRIATIONS citizens’ perspectives on Federal Land Use Policies. Committee on Appropriations: Subcommittee on Treas- Testimony was heard from Melvin R. Brown, Speak- ury, Postal Service, and General Government ap- er, House of Representatives, State of Utah; Fred- proved for full committee action the Treasury, Postal erick W. King, Sr., Senator, State of New Hamp- Service and General Government appropriations for shire; and public witnesses. fiscal year 1997. INDIAN TRUST FUNDS PACIFIC NORTHWEST POWER SYSTEM Committee on Resources: Task Force on Indian Trust Committee on Commerce: Subcommittee on Energy and Management held an oversight hearing on manage- Power held an oversight hearing on the Pacific ment of Indian Trust Funds. Testimony was heard June 18, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D629 from Paul Homan, Special Trustee for American In- quate Infrastructure: Federal Transit Grant Pro- dians, Department of the Interior; Linda Calbon, Di- grams. Testimony was heard from the following offi- rector, Civil Audits, Accounting and Information cials of the Federal Transit Administration, Depart- Management Division, GAO; and public witnesses. ment of Transportation: Gordon J. Linton, Adminis- INTERIOR APPROPRIATIONS trator; and Janette Sadik-Khan, Deputy Adminis- trator; Frank J. Wilson, Chairman and Commissioner Committee on Rules: Granted, by voice vote, an open of Transportation, Department of Transportation, rule providing 1 hour of debate on H.R. 3662, mak- State of New Jersey; John B. Daly, Commissioner, ing appropriations for the Department of the Interior Department of Transportation, State of New York; and related agencies for the fiscal year ending Sep- and public witnesses. tember 30, 1997. The rule waives points of order Hearings continue June 27. against consideration of the bill for failure to comply with clause 2(l)(6) of rule XI (the three-day avail- VETERANS LEGISLATION ability of the report) or clause 7 of rule XXI (the three-day requirement for the availability of printed Committee on Veterans’ Affairs: Subcommittee on Hos- hearings and reports on appropriations bills). pitals and Health Care approved for full Committee The rule waives points of order against provisions action amended H.R. 3643, to amend title 38, Unit- in the bill (other than section 117 and the two pro- ed States Code, to extend through December 31, visos under the heading ‘‘Strategic Petroleum Re- 1998, the period during which the Secretary of Vet- serve’’) for failure to comply with clause 2 of rule erans Affairs is authorized to provide priority health XXI (prohibiting unauthorized appropriations and care to certain veterans who were exposed to Agent legislation on general appropriations bills) or clause Orange or who served in the Persian Gulf War and 6 of rule XXI (prohibiting transfers of unobligated to make such authority permanent in the case of cer- balances). Where points of order are waived against tain veterans exposed to ionizing radiation. part of a paragraph, points of order against a provi- sion in another part of such paragraph may be made DISAPPROVING MFN TREATMENT— only against such provision and not against the en- PRODUCTS OF CHINA tire paragraph. Committee on Ways and Means: Ordered reported ad- The rule provides that an amendment striking the versely H.J. Res. 182, disapproving the extension of last proviso under the heading ‘‘Strategic Petroleum nondiscriminatory treatment—most-favored-nation Reserve’’ shall be considered as adopted in the House treatment—to the products of the People’s Republic and in the Committee of the Whole. of China. The rule accords priority in recognition to those amendments that are pre-printed in the Congres- INTELLIGENCE COLLECTION REGARDING sional Record. The rule allows the chairman of the HAITI Committee of the Whole to postpone votes during Permanent Select Committee on Intelligence: Subcommit- consideration of the bill, and to reduce votes to five tee on Human Intelligence, Analysis, and Counter- minutes on a postponed question if the vote follows intelligence met in executive session to continue a fifteen minute vote. hearings on the Politicization of Intelligence Collec- The rule provides that a motion to rise and report tion regarding Haiti. Testimony was heard from de- the bill to the House with such amendments as may partmental witnesses. have been adopted shall have precedence over a mo- tion to amend, if offered by the Majority Leader or a designee after the reading of the final lines of the Joint Meetings bill. Finally, the rule provides one motion to recom- mit, with or without instructions. Testimony was ALBANIAN ELECTIONS heard from Representatives Regula, Schaefer, Commission on Security and Cooperation in Europe (Hel- Gilchrest, Yates and Furse. sinki Commission): Commission met to receive a brief- COMMITTEE BUSINESS ing on the impact of recent elections in Albania and Committee on Standards of Official Conduct: Met in ex- prospects for its future from Robert Hand, Staff Ad- ecutive session to consider pending business. visor, Helsinki Commission; Albania Ambassador to the United States Lublin Dilja, Tirane; and Susan ISTEA REAUTHORIZATION Atwood, National Democratic Institute for Inter- Committee on Transportation and Infrastructure: Sub- national Affairs, and Eric Jowett, International Re- committee on Surface Transportation continued hear- publican Institute, both of Washington, D.C. ings on ISTEA Reauthorization Maintaining Ade- Commission recessed subject to call. D630 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 1996 COMMITTEE MEETINGS FOR Committee on Appropriations, to consider the Transpor- WEDNESDAY, JUNE 19, 1996 tation appropriations for fiscal year 1997, 8:30 a.m., 2360 Rayburn. (Committee meetings are open unless otherwise indicated) Committee on Banking and Financial Services, Subcommit- tee on Financial Institutions and Consumer Credit, hear- Senate ing on Electronic Benefit Transfer Systems and Regula- Committee on Agriculture, Nutrition, and Forestry, business tion E, 10 a.m., 2128 Rayburn. meeting, to consider recommendations which it will Committee on the Budget, to markup Reconciliation Rec- make to the Committee on the Budget with respect to ommendations, 11 a.m., 210 Cannon. spending reductions and revenue increases to meet rec- Committee on Commerce, Subcommittee on Energy and onciliation expenditures as imposed by H. Con. Res. 178, Power, oversight hearing on the Status of the Inter- establishing the congressional budget for the United national Global Climate Change Negotiations, 10 a.m., States Government for fiscal year 1997 and setting forth 2123 Rayburn. appropriate budgetary levels for fiscal years 1998, 1999, Committee on Economic and Educational Opportunities, Sub- 2000, 2001, and 2002, 9:30 a.m., SR–332. committee on Employer-Employee Relations, hearing on Committee on Appropriations, Subcommittee on District H.R. 3580, Worker Right to Know Act, 10:15 a.m., of Columbia, to hold hearings on proposed budget esti- 2175 Rayburn. mates for fiscal year 1997 for the District of Columbia Committee on Government Reform and Oversight, hearing on court system, 11 a.m., SD–138. Security of FBI Background Files, 10 a.m., 2154 Ray- Subcommittee on Defense, business meeting, to mark burn. up H.R. 3610, making appropriations for the Depart- Committee on International Relations, hearing to review ment of Defense for the fiscal year ending September 30, the Administration’s Nonproliferation Policy, 11 a.m., 1997, 2 p.m., SD–192. 2172 Rayburn. Committee on Banking, Housing, and Urban Affairs, busi- Subcommittee on Asia and the Pacific and the Sub- ness meeting, to mark up S. 1815, to provide for im- committee on International Economic Policy and Trade, proved regulation of the securities markets, eliminate ex- joint hearing on U.S. Commercial Interests in Southeast cess securities fees, and reduce the costs of investing, 9:30 Asia: Tapping the ‘‘Big Merging Markets’’, 2 p.m., 2172 a.m., SD–538. Rayburn. Committee on Commerce, Science, and Transportation, Sub- Committee on the Judiciary, Subcommittee on Crime, committee on Science, Technology, and Space, to hold hearing regarding federal record keeping and sex offend- hearings to examine issues relating to salmon recovery re- ers, 9:30 a.m., 2237 Rayburn. search, 9:30 a.m., SR–253. Committee on National Security, Subcommittee on Mili- Committee on Energy and Natural Resources, business tary Personnel, hearing on POW/MIA issues, 2 p.m., meeting, to consider pending calendar business, 9:30 2118 Rayburn. a.m., SD–366. Committee on Resources, to markup the following bills: H.R. 3378, to amend the Indian Health Care Improve- Committee on Finance, to resume hearings to examine ment Act to extend the demonstration program for direct proposals to reform the welfare and Medicaid system, fo- billing of Medicare, Medicaid, and other third party cusing on S. 1795, Personal Responsibility and Work payors; H.R. 401, Kenai Natives Association Equity Act Opportunity Act, 10 a.m., SD–215. of 1995; H.R. 2941, Housing Improvement Act for Land Committee on the Judiciary, business meeting, to consider Management Agencies; H.R. 3290, to authorize appro- pending calendar business, 10 a.m., SD–226. priations for the Bureau of Land Management for each of Committee on Rules and Administration, to continue hear- the fiscal years 1997 through 2002; H.R. 3660, Reclama- ings on public access to government information in the tion Recycling and Water Conservation Act of 1996; 21st century, focusing on the Government Printing Of- H.R. 3198, National Geologic Mapping Reauthorization fice depository library program, 9:30 a.m., SR–301. Act of 1996; H.R. 3249, to authorize appropriations for Committee on Indian Affairs, business meeting, to mark a mining institute to develop domestic technological ca- up Title III (Child Custody Proceedings Affected by the pabilities for the recovery of minerals from the Nation’s Indian Child Welfare Act of 1978) of H.R. 3286, Adop- seabed; and H.R. 3024, United States-Puerto Rico Politi- tion Promotion and Stability Act, 9:30 a.m., SR–485. cal Status Act, 11 a.m., 1324 Longworth. Select Committee on Intelligence, to hold hearings to review Subcommittee on Native American and Insular Affairs, claims against the United States by former Vietnamese hearing and markup of the following: H.R. 3640, to set- operatives, 9 a.m., SD–106. tle a land claim for the Torres Martinez Indian Tribe; the Full Committee, closed business meeting, to consider United Houma Nation Recognition and Land Claims Set- pending intelligence matters, 2 p.m., SH–219. tlement Act of 1996; and to mark up the following: H.R. 3642, California Indian Land Transfer Act; and H.R. House 2591, Indian Federal Recognition Administrative Proce- Committee on Agriculture, to consider the following: H.R. dures Act of 1995, 2 p.m., 1334 Longworth. 1627, Food Quality Protection Act of 1995; and other Committee on Rules, to consider a measure making ap- pending business, 2 p.m., 1300 Longworth. propriations for the Departments of Veterans Affairs and June 18, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D631

Housing and Urban Development, and for sundry inde- Committee on Transportation and Infrastructure, Sub- pendent agencies, boards, commissions, corporations, and committee on Aviation, hearing on Aviation Safety: offices for fiscal year ending September 30, 1997, 4 p.m., Treatment of Families After Airline Accidents, 9:30 a.m., H–313 Capitol. 2167 Rayburn. Committee on Science, Subcommittee on Technology, to Committee on Veterans’ Affairs, Subcommittee on Com- markup H.R. 2779, Savings in Construction Act of 1995, pensation, Pension, insurance and Memorial Affairs, hear- 10 a.m., 2318 Rayburn. ing on the DVA computer modernization effort, 10 a.m., 334 Cannon. D632 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Wednesday, June 19 10 a.m., Wednesday, June 19

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 3662, ation of S. 1745, DOD Authorizations. Interior Appropriations Act for FY 1997 (open rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Frazer, Victor O., The Virgin Islands, E1103 Menendez, Robert, N.J., E1107, E1110 Gilman, Benjamin A., N.Y., E1108 Pastor, Ed, Ariz., E1108 Barrett, Thomas M., Wis., E1111 Gordon, Bart, Tenn., E1107, E1110 Reed, Jack, R.I., E1109 Bilirakis, Michael, Fla., E1102 Harman, Jane, Calif., E1106 Schroeder, Patricia, Colo., E1103 Brown, George E., Jr., Calif., E1102 Johnson, Eddie Bernice, Tex., E1105 Schumer, Charles E., N.Y., E1106 Canady, Charles T., Fla., E1104 Johnston, Harry, Fla., E1109 Serrano, Jose´ E., N.Y., E1104, E1107 Clement, Bob, Tenn., E1106 Kelly, Sue W., N.Y., E1104 Shaw, E. Clay, Jr., Fla., E1103, E1110 Clinger, William F., Jr., Pa., E1108 Kennedy, Patrick J., R.I., E1111 Smith, Christopher H., N.J., E1101, E1104 Conyers, John, Jr., Mich., E1103 Kleczka, Gerald D., Wis., E1109 Smith, Nick, Mich., E1106 Crane, Philip M., Ill., E1101 Klug, Scott L., Wis., E1110 Underwood, Robert A., Guam, E1108 Deutsch, Peter, Fla., E1107 McCarthy, Karen, Mo., E1107 Waxman, Henry A., Calif., E1102 Fawell, Harris W., Ill., E1104 Manton, Thomas J., N.Y., E1102 Foley, Mark Adam, Fla., E1109 Meek, Carrie P., Fla., E1111

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