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

Vol. 141 WASHINGTON, TUESDAY, OCTOBER 31, 1995 No. 170 Senate The Senate met at 9:30 a.m., and was to accompany H.R. 2002, the Transpor- on the status of various death row called to order by the President pro tation appropriations bill. cases. Officer Borland’s mother is tempore [Mr. THURMOND]. The majority leader has announced quoted in this news article as saying, The PRESIDENT pro tempore. To- that there will be no rollcall votes ‘‘My son gave his life for his State and day’s prayer will be offered by our prior to 2:15 today. The Senate will re- his country. Give (Sonner)’’—the man guest Chaplain, Rev. Lane Davenport, cess from 12:30 to 2:15 for the weekly who killed her son—‘‘the death penalty the Church of the Ascension and St. policy conferences to meet. and he lives for 40 or 50 years. That’s not a death penalty. They lie to us.’’ Agnes, Washington, DC. f ‘‘We have a death penalty and it’s PRAYER MORNING BUSINESS being thwarted by murderers,’’ the ar- The guest Chaplain, Rev. Lane Dav- The PRESIDING OFFICER (Mr. ticle goes on to say. enport, the Church of the Ascension KYL). Under the previous order, there Mr. President, the reason I mention and St. Agnes, Washington, DC, offered will now be a period for the transaction this is because Nevada has the highest the following prayer: of morning business. per capita death row population in the O God, the fountain of all wisdom The Senator from Nevada is recog- entire Nation, more than double that and graciousness, whose statutes are nized. of Texas. The State of Texas has re- good and whose law is truth; we hum- f cently executed its 100th inmate since bly beseech Thee, as for the people of 1977. the United States in general, so espe- THE DEATH PENALTY It does not matter whether you are cially for their Senate; that Thou Mr. REID. Mr. President, almost 2 for or against the death penalty. The wouldest be pleased to direct and pros- years ago, Senator BRYAN and I trav- fact is we are a country of laws and the per all their consultations, to the ad- eled with a mother to Arlington Ceme- laws should be carried out, and it is vancement of Thy glory, the peace of tery. We traveled there because her wrong what is happening throughout the world, the safety, honor, and wel- son, just a month before we went to Ar- this Nation and in Nevada. People get fare of Thy people; that all things may lington, had been gunned down on an the death penalty, and as the mother of be ordered and settled by their endeav- interstate near Lovelock, NV. He this executed highway patrolman says, ors, upon the best and surest founda- thought a car was stalled, and as he ap- ‘‘My son gave his life for his State and tions, that peace and happiness, truth proached the car to offer his assist- his country. Give (Sonner)’’—this is and courage, mercy and justice, reli- ance, the driver of the car came from the murderer—‘‘the death penalty and gion and piety, may be established the car and brutally murdered this Ne- he lives for 40 or 50 years. That’s not a among us for all generations. These vada highway patrolman. What the po- death penalty. They lie to us.’’ She and all other necessaries, for them, and lice officer, officer Carlos Borland, did goes on to say he will probably live for all mankind, we beg in Thy name. not know was that the man driving the longer than she will. Why is this going Amen. car was an escaped convict from North on? f Carolina. Let me give you the death sentence RECOGNITION OF THE ACTING It was one of the saddest occasions in appeal process in Nevada, and it is MAJORITY LEADER which I have ever participated. It was a similar in a lot of different places. cold winter day. The entire attendance First, automatic first appeal before the The PRESIDENT pro tempore. The at the funeral was Senator BRYAN, Sen- Nevada Supreme Court. If it is denied, able Senator from Idaho. ator REID, and the mother of this you have a petition for a rehearing be- f young man, her only child. She was fore the Nevada Supreme Court. If that very proud of him. He was an exem- is denied, you have a petition before SCHEDULE plary student in high school. He had the U.S. Supreme Court. If that is de- Mr. CRAIG. Mr. President, this had a great record in the military and nied, you have a postconviction relief morning the leaders’ time is reserved chose as his life’s profession that of a petition in the trial court, and if that and there will be a period for morning police officer. She was devastated. is denied you appeal again before the business until 10 a.m. with Senators Mr. President, the story does not end Nevada Supreme Court. If that is de- permitted to speak for up to 10 minutes there, however, at least for his mother. nied, you petition for rehearing before each. At 10 a.m., the Senate will begin A week ago, in a Reno newspaper, the the Nevada Supreme Court. If that is consideration of the conference report Reno Gazette-Journal, wrote an article denied, you go to the Supreme Court.

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

S16345

. VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16346 CONGRESSIONAL RECORD — SENATE October 31, 1995 This is the second time. If that is de- Calamboro, both convicted for the January DEATH SENTENCE APPEAL PROCESS nied, you petition before a Federal 1994 killings of Peggy Crawford and Keith The many steps on the road to execution in court. If that is denied, then you peti- Christopher at a Reno U-Haul rental. Nevada: But just five inmates have been executed tion for a rehearing in the same court. Automatic first appeal before Nevada Su- since the death penalty was reinstated in preme Court. If denied: And if that is denied, you go to the 1977, none against his wishes. ninth circuit, or whatever other circuit A state lawmaker is creating a committee Petition for rehearing before Nevada Su- if it is not in Nevada. If that is denied, to draft recommendations for Congress and preme Court. If denied: you have a petition for a rehearing. If the 1997 Nevada Legislature on how to short- Petition before U.S. Supreme Court. If de- that is denied, you go to the U.S. Su- en the distance from conviction to execu- nied: preme Court. If that is denied, then tion. Petition for post-conviction relief in trial court. If denied: you go back to the Federal Court and ‘‘We have a death penalty and it’s being thwarted by murderers.’’ said Sen. Mark Appeal before Nevada Supreme Court. If take each step over and over again. James, R-Las Vegas, who hopes to gather 25 denied: This is simply not right. As everyone to 30 lawmakers, judges and law enforcement Petition for rehearing before Nevada Su- is aware, this body passed comprehen- officers on the panel. preme Court. If denied: sive habeas reform earlier this year as ‘‘I see no reason why we can’t get a finality Petition before U.S. Supreme Court. If de- part of the Antiterrorism Act. We must within two years, even with safeguards,’’ nied, either: see to this legislation being signed into said Washoe District Attorney Dick Petition before federal court; if denied, law. Gammick, who will be on the panel. ‘‘There then petition for rehearing in same court; if It is time to put an end to the endless has to be a time when we say, ‘That’s denied, appeal to 9th Circuit Court of Ap- enough.’’’ appeals. Why do I say that? Take the peals; if denied, petition for rehearing; if de- Keith Munro of the attorney general’s of- nied, appeal before Supreme Court, if denied, small State of Nevada. In Nevada, a fice said the biggest problem is the turnover man by the name of McKegue, in Au- then back to federal court and each step in attorneys along the way. Each usually thereafter may be repeated, but at each step gust 1979, killed William and Irene tries to return the appeals process to the be- inmate must explain why he didn’t use ex- Henry during a robbery. He entered ginning so as not to inherit the previous law- cuse before. Or: yer’s work. prison in August 1971. He was sentenced Petition for post-conviction relief in trial ‘‘Death sentence cases are very complex. to die. He is still there. Edward T. Wil- court; if denied, then appeal to Nevada Su- Attorneys get tired of them and want to get son stabbed to death a Reno police offi- preme Court; if denied, then appeal to U.S. off. But you can’t address that in legisla- Supreme Court. If denied, back to trial court cer, Jimmy Hoff. On June 25, 1979, he tion,’’ he said. and each step thereafter may be repeated, was committed to be executed. He is The dizzying appeals process is one that al- but at each step inmate must explain why he still alive. Robert Ybarra, in 1979, mur- ways allows an inmate to try again, Munro didn’t use excuse before. dered a girl outside Ely, NV. He is still said, but with each repeated step, the excuse alive even though he has been sen- to get there cannot be used anew. NEVADA’S LONGEST ON DEATH ROW tenced to death. Ronnie Milligan, he Still, ‘‘You can litigate these cases until Kenneth McKegue, 42, of Watsonville, murdered a 77-year-old woman on July they wheel the inmate out of the death Calif. Sentenced in Washoe County Aug. 2, 4, 1980. He is still alive even though he chamber,’’ he said. 1979 for murders of William and Irene Henry But there are some time-saving measures has been sentenced to death. Mark during a robbery Dec. 21, 1978. Entered prison already in place. James and others applaud Aug. 6, 1979. Age at time of offense: 32. Rogers murdered two women and a the Nevada Supreme Court for its rule sev- man outside of a mining camp near Edward T. Wilson, 36, of Mountain Home, eral years ago requiring daily transcripts in Idaho. Sentenced in Washoe County Dec. 14, Lovelock, NV. He is still alive even capital murder trials to keep lawyers abreast 1979, for stabbing death of Reno Police Offi- though he has been sentenced to death. of the cases. cer Jimmy Hoff June 25, 1979. Entered Ne- James said two bills that are bogged down Mr. President, I ask unanimous con- vada prison Dec. 19, 1979. Age at time of of- in Congress would expedite appeals where sent that this entire article be made a fense: 20. they clog the most: the federal courts. part of the RECORD so that we can On the other end of the table, State Public Robert Ybarra, Jr., 42, of Sacramento. Sen- spread on the RECORD of this Congress Defender James J. Jackson admits the proc- tenced in White Pine County July 23, 1981 for what is taking place in Nevada and is ess is a long one, but often necessarily so. Sept. 29, 1979 murder of a girl outside Ely. taking place in almost every State in ‘‘A lot of the reason why cases get hung up Entered prison July 24, 1981. Age at time of the Union where there is a death pen- in the federal courts are concerned about a offense: 26. alty, which is far the majority, and as lack of effective counsel,’’ Jackson said. Ronnie Milligan, 45, of Murfreesboro, Tenn. ‘‘Yeah it could be more expedited, but when Sentenced in Humboldt County Aug. 31, 1981, this newspaper article indicates that for murder of a 77-year-old woman July 4, people are laughing at the law because you’re talking about the ultimate penalty, yeah, it’ll take more time. 1980. Entered prison Aug. 25, 1981. Age at it is farcical. Nevada has the highest per-capita Death time of offense: 30. There being no objection, the mate- Row population in the nation, more than Mark Rogers, 38, of Taft, Calif. Sentenced rial was ordered to be printed in the double that of Texas, which recently exe- in Pershing County Dec. 1, 1981, for murder RECORD, as follows: cuted its 100th inmate since 1977. of two women and a man Dec. 1, 1980, in a [From the Reno-Gazette-Journal, Oct. 21, But Texas is the exception, due largely to mining camp outside Lovelock. Entered pris- 1995] the lack of attorneys for inmates even up to on Dec. 3, 1981. Age at time of offense: 23. the time of execution, said Michael Pesceta Priscilla Ford, 66, of Berren Springs, Mich. TRIMMING TIME ON DEATH ROW of the Nevada Appellate and Post-Conviction Sentenced in Washoe County April 29, 1982, (By Bill O’Driscoll) Project, a Las Vegas-based non-profit agency for Thanksgiving Day murder of six people in It’s been a year since the parents of slain for the defense of Death Row cases. downtown Reno in 1980 when Ford drove her Nevada Highway Patrol Trooper Carlos ‘‘In a ‘giddyap’ state like Texas, it’s not car down a crowded sidewalk. Entered prison Borland heard a Lovelock jury give his kill- uncommon for a lawyer to see a case for the April 30, 1982. Age at time of offense: 51. er, Michael Sonner, the death sentence. first time three weeks or a month before the Patrick McKenna, 49, of Leadville, Colo. Sonner, who once said he wanted to die, is scheduled execution,’’ Pescetta said. ‘‘Jus- Sentenced Sept. 3, 1982 in Clark County. now appealing. And Maria Borland says she tice is geared to denying cases and getting McKenna murdered his cellmate in the Clark may die of old age before the North Carolina on with it, It’s not pretty. In Nevada, at County Jail Jan. 6, 1979. Entered prison Feb. escapee is executed by lethal injection for least there’s an attempt to take more care.’’ 23. Age at time of offense: 32. shooting her son along Interstate 80 in late In fact, he said, Nevada is typical of most Tracy Petrocelli, 44, of Chicago. Sentenced 1993. of the 38 other states where the death pen- Sept. 8, 1982 in Washoe County for murder of ‘‘My son gave his life for his state and his alty is allowed. an automobile salesman. Entered prison country,’’ she said. ‘‘Give (Sonner) the death But Pescetta senses changing winds in Ne- Sept. 8, 1982. Age at time of offense: 30. penalty and he lives for 40, 50 years. That’s vada, saying, ‘‘The political landscape has Roberto Miranda, 52, of Havana, Cuba. Sen- not a death penalty. They lie to us.’’ gotten considerably meaner.’’ tenced Sept. 9, 1982, in Clark County for Her husband says Sonner’s execution won’t James denies any political motivation in stabbing victim to death during a robbery. bring back their son, but until it happens, forming an ad hoc committee to study re- Entered prison Sept. 17, 1982. Age at time of justice won’t be complete. forms. offense: 38. ‘‘(Sonner) is in confinement with three ‘‘The people have said they want the death Thomas Nevius, 39, of Plainfield, N.J. Sen- meals a day, free dental and medical—some- penalty. We have to do something,’’ he said. tenced Nov. 11, 1982 in Clark County for things that people on the street can only Jimmy Borland agrees. shooting victim during a burglary. Age at fantasize having,’’ Jimmy Borland said. ‘‘They’re technically entitled to two ap- time of offense: 24. The Borlands are not alone. The number of peals. But we’re not playing a baseball game inmates on Nevada’s Death Row stands at 76, here,’’ he said. ‘‘If you’re going to have a Mr. REID. I think it is time we make including Duc Cong Huynh and Alvaro death penalty, then do it.’’ the law do what it says. What we need

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16347 is to make sure that these never-end- these atrocities will stop, that neutral abuse aimed at cleansing the territory ing appeals are terminated. We need to people will be able to go in and get an they still hold of remaining Croats and have a process so the people have their accounting for as many as 2,000 men Moslems. day in court or maybe 2 days in court that have not yet been heard from. With peace talks scheduled to begin and that they have the appeal process A U.N. report released 2 weeks ago in the United States tomorrow and once and maybe twice but not dozens of charges that Bosnian Serbs are still with the President having clearly indi- times. conducting a brutal campaign of ethnic cated his intention to send as many as The time has come to speak out expulsion. Despite the cease-fire, Bos- 20,000 American troops into the heart against this. It is too bad that we have nian Serbs have been subjecting non- of this conflict, these new reports of to have the death penalty. I personally Serbs to untold horror, murder, rape, Serbian atrocities are of grave concern support it. If we are to have these laws robbery, forcing people from their and should give us pause. on the books they ought to be enforced. homes, and other atrocities. Whether or not you agree with the According to the Assistant Secretary For the Bosnians, this latest outrage death penalty, you should agree that of State for Human Rights, John by the Serbs must seem to be a dread- the law, whatever it is, should be car- Shattuck, since mid-September and in- ful repeat of what happened last sum- ried out, and in this area it simply is tensifying between October 6 and 12, mer during the Serb conquest of not. If we are going to have a death many thousands of civilians in north- Srebrenica in eastern Bosnia. In that penalty, we must ensure finality of jus- west Bosnia were systematically forced episode, thousands of men were taken tice after appeals have been exhausted. from their homes by paramilitary out and executed by firing squad, ac- I think we should set very strict limits units, sometimes abetted by local po- cording to survivors, and, in fact, the on what appeals should be allowed. lice who were either too scared or un- reports just this weekend in the Wash- So, Mr. President, I call upon Mem- willing to intervene, and in some in- ington Post confirmed new sightings of bers of this body, especially the Judici- stances by Bosnian Serb Army officials mass graves where thousands of people ary Committee, to use whatever au- and soldiers. are buried. These sightings were made thority they have to move legislation These unfortunate events implore us from satellite photos taken by our in- along that has been before this body to move with extreme caution regard- telligence sources. So we know the hor- before so that these writs of habeas ing American involvement in this con- rible stories of what happened at corpus and other interminable delays flict. The intentions of the parties in- Srebrenica, as reported by refugees, is, be put to rest. We must move forward volved, now more than ever, call for in fact, unfortunately and sadly true. to end this endless appeal process that prudent, not precipitous, judgment. Ex- amples of ethnic cleansing persist in But what is even more unfortunate, simply meets no standard of justice. Mr. President, is that things like this I appreciate the gravity of the cap- northwest Bosnia according to the U.N. reports based on interviews with refu- may continue as we speak, and we ital offense, but at some point we have must do something about it. We must to ask, why, why do we even have these gees before and after the October 12 cease-fire. learn from what happened in laws if we never carry out the sentence Srebrenica and recognize that they of the court. The current imbalance Assistant Secretary John Shattuck has now gained access into that area. could be doing it right now, and we robs the victims and their families of must protest. the justice they deserve. It undermines As many as 2,000 men have been sepa- the public’s confidence in the system. I rated from the main group of refugees. In fact, Mr. President, the Senate did believe it also undercuts the deterrent U.N. officials are trying to determine protest. We passed a resolution that effect of the death penalty. their fate amid fears that they may says the following: have been executed or sent to the front Thank you, Mr. President. lines as forced slave laborers. The It is the sense of the Senate that the Sen- Mrs. HUTCHISON addressed the United Nations also reports that dur- ate condemns the systematic human rights Chair. ing the latest wave of expulsions, Mos- abuses against the people of Bosnia and Herzegovina. With peace talks scheduled to The PRESIDING OFFICER. The Sen- lems from Bosanski Novi near Banja ator from Texas. begin in the United States on November 1, Luka, were rounded up at the bus sta- 1995, these new reports of Serbian atrocities f tion. Draft-age men were separated are of grave concern to all Americans. from the rest and were held for 5 days BOSNIAN SERB ATROCITIES The Bosnian Serb leadership should imme- without food or water. The U.N. Mrs. HUTCHISON. Mr. President, I diately halt these atrocities, fully account spokesman in Zagreb reported that for the missing, and allow those who have rise today to talk about the resolution many refugees have been given just a been separated to return to their families. that was passed, the sense of the Sen- few minutes to flee their homes and The International Red Cross, the United Na- ate, last Friday unanimously by this that girls as young as 17 have report- tions agencies, and human rights organiza- body, speaking in the strongest terms edly been taken to the woods and tions should be granted full and complete ac- to President Milosevic, who is, even as raped. Elderly, sick, and very young cess to all locations throughout Bosnia and we speak, on his way to the United refugees have been driven to remote Herzegovina. States to begin peace talks. I wanted areas and forced to walk long distances This resolution was passed unani- to talk about it this morning because on unsafe roads and cross rivers with- mously by the U.S. Senate last Friday. we did not really have a chance to de- out bridges. We must act now to make sure that bate it fully last Friday. The United Nations has condemned these atrocities are stopped and that I wanted to pass it last Friday be- this barbaric treatment of civilians in neutral sources are able to verify that cause I wanted the message to be on the strongest possible terms. According they have stopped and account for the the record over the weekend about the to the U.N. High Commissioner for Ref- 2,000 missing men. continuing reports of atrocities, mur- ugees, more than 2,000 Moslems and ders, and robberies taking place right Croats have been forced from their President Milosevic is going to set now in the former Yugoslavia in the homes since mid-September in Bos- foot in Wright-Patterson Air Force northwest area around Banja Luka. I nian-Serb-controlled areas. Only about Base very shortly today. He should im- want to highlight this, Mr. President, 10,000 are believed to remain, which be- mediately announce—and we call on because we are hosting three Presi- fore the war was home to a half million him to immediately announce—that dents Wednesday for peace talks, and Moslems and Croats. And what is most these forces of terror have been there are still atrocities being reported distressing is the evidence we have stopped, that these atrocities have in this area. I ask, how can we sit down seen of recent atrocities committed by been stopped. And to show his good will at a peace table with three warring fac- the Serbs after the cease-fire was in these peace talks, he should imme- tions when the war is still going on? signed on October 12. It appears that, diately allow for an accounting of the So today I am going to talk about as a result of recent Bosnian and Cro- missing people in Bosnia right now. the sense-of-the-Senate resolution that atian advances, the Serbs have lost That would be the very first and best was passed, and I am going to ask ground. In an attempt to consolidate step he could make to show that he is, President Milosevic when he sets foot their control, they are engaged in a indeed, sincere about wanting to bring in the United States to announce that campaign of systematic and widespread peace to this area.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16348 CONGRESSIONAL RECORD — SENATE October 31, 1995 Mr. President, the Senate spoke Manhattan for Bergen County resi- certified by Secretary of Transpor- forcefully. I hope we are being heard. If dents. To date I have secured a total of tation Pen˜ a. This is not just an air we can stop even one murder from hap- $436 million for urban core projects. noise issue. It is a quality of life issue. pening, it will be worth it. In addition to the urban core and I am hopeful that we can continue to I wanted to draw attention to the transit formula assistance, New Jersey operate the Princeton Airport in a very strong statement that the Senate will be receiving $12.5 million to begin manner that is compatible with com- made last week. I hope that we can use construction of the Hamilton Inter- munity needs. this opportunity, as President modal Facility, $1.15 million to develop Milosevic comes into our country, to a park-n-ride facility on the Garden The coast of New Jersey is the ask him to show his good faith by say- State Parkway at interchange 165 and State’s recreational and economic ing that people will be accounted for $3 million to support the National jewel. A provision in this year’s bill and the atrocities will stop. Transit Institute at Rutgers. prohibits the Coast Guard from closing Thank you, Mr. President. I yield the While this bill will provide New Jer- any multimission small boat units. The floor. sey drivers with transit alternatives, it Coast Guard had recommended closing Mr. CRAIG addressed the Chair. also recognizes that cars will continue a number of its rescue stations, includ- The PRESIDING OFFICER. The Sen- to play a major role in travel within ing four in New Jersey–Shark River, ator from Idaho [Mr. CRAIG] is recog- the State. Total highway program Townsend Inlet, Salem, and Great Egg. spending in the bill amounts to $19.9 nized. Mr. President, having better, more billion, an increase of $454 million over efficient transit systems and roads will f last year, and nearly 96 percent of the improve the quality of life for thou- ATROCITIES IN THE FORMER ISTEA authorization. New Jersey sands of commuter on a daily basis. I YUGOSLAVIA should expect to receive some $500 mil- lion in formula highway assistance as a am glad that as ranking minority Mr. CRAIG. Mr. President, let me result of this funding level. member of this Transportation Appro- join my colleague from Texas in her To make roads in New Jersey as pro- priations Subcommittee I was able to most clarion call this morning to the ductive as possible this year’s bill in- secure this funding, as well as the bill humanity of the world that this Nation cludes $1.5 million for TRANSCOM. and report language for New Jersey. be a part of stopping the atrocities TRANSCOM is a consortium of 15 that are allegedly going on in the transportation and public safety agen- f former Yugoslavia. It is, without ques- cies in New Jersey, New York, and Con- tion, a great human disaster under any necticut. Over half of the congestion on measurement. COMMEMORATION OF HUNGARIAN my region’s roadways is due to traffic I appreciate the words of my col- INDEPENDENCE DAY incidents and it is TRANSCOM’s mis- league from Texas this morning. She sion to improve interagency response Mr. DOLE. Mr. President, last week, has been an outspoken, clear voice on to such incidents. The funding will be this issue for the last good many weeks the people of Hungary commemorated used by TRANSCOM to build upon ex- as these reports have come in to re- the 39th anniversary of the Hungarian isting programs to provide the region’s mind us and push this Senate and this people’s massive uprising against So- transportation agencies with the tools country in the direction of causing a viet Communist dominated rule. Octo- necessary to strengthen their transpor- settlement to occur there that is just ber 23, Hungarian Independence Day, tation management activities and their for both sides. I thank my colleague for marked a time when thousands of delivery of services to the traveling that. armed citizens battled the Red Army’s public. military might and held the country f Mr. President, on March 23, 1994, for some 2 weeks. President Arpad shortly before midnight, a 36-inch-di- TRANSPORTATION APPROPRIA- Goncz, whom I met with last week, was ameter pipeline ruptured catastroph- TIONS FOR FISCAL YEAR 1996 one of those who risked his life for his ically in Edison Township, NJ. The ex- country’s freedom—long delayed, but Mr. LAUTENBERG. Mr. President, plosion and fire eventually destroyed finally achieved. The bravery of those the Transportation appropriations bill eight buildings in the Durham Woods for fiscal year 1996 which the Senate apartment complex. An estimated 2,000 freedom loving Hungarians, 10,000 of will consider and pass today is of vital residents were displaced due to the ex- whom risked and lost their lives, will importance to the State of New Jersey. plosion. It was only through the dili- be remembered forever. As the most populated State in the Na- gent and heroic efforts on the part of As Hungary’s Foreign Minister Lazlo tion, efficient and effective transpor- numerous local and State agencies that Kovacs told a gathering at a Budapest tation is critical to the economic well- the pipeline explosion did not cause nu- ceremony last week, ‘‘the heirs of 23 being of my State. merous fatalities. This year’s bill in- October 1956 are all those This year’s Transportation appro- cludes $28.75 million to allow the office who***today contribute with their priations bill provides more than $650 of pipeline safety to aggressively pre- sacrifices to the creation of a flour- million in transportation investment vent another Edison from ever hap- ishing, democratic, and independent to my State. This investment provides pening again. Hungary.’’ The Hungary of 1995 is well good paying jobs in the short term and In addition to the funding this bill on the road to full democracy. In my in the long term will create and main- provides to New Jersey, it also includes meeting last week with President tain the infrastructure that New Jer- other bill and report language of inter- Goncz, we discussed Hungary’s eco- sey needs to attract and keep a strong est to my constituents. nomic progress, its successful partici- work force. The legislation before us today hon- pation in the Partnership for Peace, as Mr. President, I would like to high- ors one of the great statesmen of New well as NATO expansion. No doubt light some of the important provisions Jersey, former Congressman Bill about it, Hungary will be among the in this year’s bill which I was able to Hughes. Renaming the FAA Tech Cen- secure for the Garden State. ter the William J. Hughes Technical first of the new democracies in Eastern Transit is an intricate part of north- Center is a deserved tribute to Bill. It Europe to join NATO and I look for- ern New Jersey’s transportation plan. is a fitting show of appreciation for his ward to that day—which I hope will be The single largest component of New hard work on behalf of the people of in the near future. In addition, we dis- Jersey’s transit initiatives is the urban the Second District and the State of cussed Hungary’s concerns about the core. I appreciate the cooperation that New Jersey. treatment of Hungarian minorities in I received from Chairman HATFIELD on Mr. President, included in this year’s the region, and developments in the funding the Secaucus transfer portion committee report is language which Balkans. President Goncz and I both of New Jersey’s urban core at $80.25 continues to direct the FAA to with- agreed that a fair peace settlement in million. Once completed the Secaucus hold Federal funding from runaway ex- the former Yugoslavia, fully recog- transfer will link the Bergen and Main- pansion at Princeton Airport until an nizing the rights of all nationalities, lines to the northeast corridor, pro- environmental assessment is com- was crucial for any kind of permanent viding access to Newark and midtown pleted, and community involvement is regional stability. I assured President

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16349 Goncz that Hungary enjoys the friend- rity is in jeopardy. It is about the har- onciliation bill that passed last week. ship and support of the Congress. vest of more jobs by creating a produc- Instead of having leadership to deal f tive economy, by controlling debt and with what the issues are, there has deficit structure in this country that, been this use of words and, I believe, ORDER OF PROCEDURE by every economist’s projection, is distortion, to scare people into what Mr. CRAIG. I ask unanimous consent costing us anywhere from 2 to 2.5 per- the impacts of this will be. This has that the remainder of the time this cent growth in the domestic product of been a marketing scheme that has been morning and such time as may be nec- this country, which spells lack of op- going on for some time, that has been essary be involved in a special order. portunity or less opportunity for our devised, I guess, by various kinds of The PRESIDING OFFICER. Without young people. That is the harvest sea- groups in the country, to find those objection, it is so ordered. son of what the Republican Party is at- words that have impact and to cause tempting to do, what this budget reso- people to be frightened into thinking f lution is all about, and the work that that a balanced budget will throw this will go on in the next several weeks be- A HISTORIC BUDGET country into turmoil, that saving and RECONCILIATION BILL fore we put that on the desk of the President for his consideration. strengthening Medicare will result in Mr. CRAIG. Mr. President, last Fri- What does it say in the end? It does turning out the elderly without health day night, or early Saturday morning, not say, ‘‘Boo’’; it does not say, ‘‘Trick care, that reforming welfare will throw this Senate passed a historic budget or treat’’; it says to the American peo- the poor into the street without sup- reconciliation bill that said to our ple that there will be a higher standard port, and that allowing middle-class country: We heard you. We heard you. of living for all, that the expectation, Americans to retain some of their own We believe you. And we are, with every in a generational sense, will continue money will be a disaster. effort, attempting to reduce an ever- to be there for a better, more produc- growing Federal Government that has Mr. President, I am concerned about tive lifestyle in our country, because consumed an increasingly larger part how we govern ourselves, and that is we had a Government that did not get of the gross domestic product of this what this country is all about. That is in our way, that did not strangle the country, progressively enslaving the what democracy is about. That is why great ingenuity, humanity, and the en- taxpayer to a higher and higher por- people in Greybull, WY, can partici- ergy of this country. That is what we tion of the gross work of that taxpayer. pate, as well as people in New York are saying on this Halloween day—no Now, it is interesting that today is City, in governance. In order to do trick or treat and no boos. Halloween, and guess what is hap- that, there has to be a basis of facts. I am always so saddened when the pening out there? The Democrats are, There are differences and different other side attempts to use a cultural once again, yelling ‘‘Trick or treat, views, and that is perfectly legitimate. battle or attempts to frighten people in America.’’ They are saying, ‘‘Boo,’’ to That is what it is all about. There were their effort to convince them that their Americans. Once again, they are trying young people in my office last week policy is better than the ones we put to frighten, or use the tactic of fear in who said: I do not understand why forth. Let us debate it on its merits. driving the American public in a direc- Let the American people objectively there is this controversy going on, or tion that they have said so clearly for decide what is best for them and then why this debate is going on. Why do we so long that they do not want to go. send that to us in the message that not just do what is good for America? What did we hear in the debates of they did so clearly last November. If we all agreed on what is good for last week and over the weekend, as At this time, let me yield to my col- members of the other side were speak- America, there would be no debate. I league from Wyoming to speak to this ing in opposition to the action that the suggested to them that if they went issue. Congress spoke to? They are saying back to their senior class in Cheyenne that Republicans are ghouls, goblins, The PRESIDING OFFICER. The Sen- and raised these questions, there would monsters, vampires, demons, and ator from Wyoming is recognized. not be unanimity there. There are dif- werewolves, as it relates to the care f ferent views, and they come into play and concern of the people of this coun- here. There are those who have quite a try. They are saying that we want to A DISTORTED APPROACH TO liberal, populist philosophy that more take seniors’ health care away, that we PUBLIC POLICY government is better and more taxes is want to attack low-income and work- Mr. THOMAS. I rise to join my friend better. I respect that. I do not agree ing people, that we want to kick stu- from Idaho to talk a little bit about with it, nor do I think the voters dents out of college and kick poor peo- what is happening. It is an appropriate agreed with it in the last election. ple out on the streets, that we want to day. I was in Wyoming this weekend That is what it is all about. dirty the water and cause the air to be and saw some of the ads that were Rather than having a campaign of unbreathable and, of course, to let peo- clothed in masks and costumes, seek- fear, mistrust, and misunderstanding, ple die in industrial accidents. ing to portray something that I think we need to have a campaign of facts is not inherent in what we are doing How could the average American and then decide on it. What is the pur- really believe that anybody who seeks here. It concerns me a great deal, not pose of what we did? It is certainly to public service in this country to formu- only because it represents a different respond to voters—that is what govern- late public policy would want to do any point of view, but, more importantly, ment is about—to balance the budget, of those things? Well, I suspect you it represents a distorted approach to which is the responsible thing to do; to might slip a little of that by during developing public policy. Halloween and talk about the scari- If, indeed, in this country we believe reform welfare, and that is the respon- ness, talk about the pranks and the that public policy should be developed sible thing to do. tricks that are being played out there. by all of us participating, then those of Mr. President, I hope that we do Let me tell you, it is not Halloween. us who participate—and that is all of begin to talk about the facts and that It never will be Halloween. It should us in this country—should have some we do, from both the White House and never be Halloween. What is it? It is facts upon which to base that public from our friends on the other side of the harvest season of the last election; policy. So I want to talk a little bit the aisle, have a clear debate of which that is what it is. The Republican about what I think the White House way to go, but do it based on the facts Party heard so loudly and so clearly has been doing for some time and what and based on different views, based on what the American people were saying, our friends on the other side of the leadership, direction, and based on and we are responding. The budget res- aisle have been doing, which has in- what I think the voters have told us in olution of last Friday evening spoke creased over this weekend, and that is the past. about harvesting the economic secu- to really distort what it is we are seek- Mr. President, I yield back my time. rity for seniors by providing for a ing to do. Medicare program that has long-term Those who oppose a balanced budget Mr. CRAIG. Mr. President, I now stability, so they cannot be frightened have been using this mask-and-cos- would like to recognize Mr. GRAMS of or scared into thinking that their secu- tume approach to characterize this rec- Minnesota.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16350 CONGRESSIONAL RECORD — SENATE October 31, 1995 ANY WAY THE WIND BLOWS where drawing that bright line is ev- So the day of Halloween ought not to Mr. GRAMS. Mr. President, I, too, erything to the election.’’ be scary, but a profound statement to would like to talk a little bit about the That election is still more than an the American people that their Govern- budget passed last week and the entire year away. ment in this representative form of threatened veto. Yet at a time when this Nation is government heard them and heard desperate for strong leadership from its President Clinton reminds me lately them well. Chief Executive, a distant election has of the weather vane we used to have become the guiding force of this Presi- atop the barn of my family’s dairy f dency. farm. Ours happened to be shaped like Mr. Clinton’s advisers say he is going a rooster, and we always knew which to veto our budget reconciliation bill. DEPARTMENT OF TRANSPOR- way the wind was blowing because that Well, it surely cannot be because his TATION AND RELATED AGEN- old rooster would spin around and agenda is so fundamentally different CIES APPROPRIATIONS ACT, around with the breeze. Like that old from ours. 1996—CONFERENCE REPORT weather vane, the President is spend- We are calling for tax cuts, and the ing a lot of time on the roof these days, Mr. GORTON. Mr. President, I sub- President says he wants tax cuts, as and he must get awful dizzy up there, mit a report of the committee of con- well. He supports the child tax credit testing the wind, shifting his position ference on H.R. 2002 and ask for its im- and has hinted lately that he is agree- each time it changes. mediate consideration. able to cutting the capital gains tax. Last week, this chamber delivered on The PRESIDING OFFICER. The re- Our budget plan preserves Medicare last November’s mandate by the voters port will be stated. by slowing its growth and offering sen- and passed a far-reaching, historic iors choices—proposals strikingly simi- The assistant legislative clerk read piece of legislation that turns this Gov- lar to the Medicare plan touted by the as follows: ernment around by balancing the budg- President in his health care reform bill et and cutting taxes. The committee of conference on the dis- just 2 years ago. With the vote behind us, the budget agreeing votes of the two Houses on the We are also easing back the growth amendments of the Senate to the bill (H.R. reconciliation conference committee is of Government spending, and that is 2002), making appropriations for the Depart- now moving ahead with our plan, shap- something for which President Clinton ment of Transportation and related agencies ing a bill to send to the President. The has been an advocate. After all, is not for the fiscal year ending September 30, 1996, newspaper columnists and the TV po- that what reinventing Government is and for other purposes, having met, after full litical panels have been busy reporting all about? and free conference, have agreed to rec- ommend and do recommend to their respec- on just what President Clinton thinks Now, after months of adamantly de- about what we are doing. tive Houses this report, signed by a majority nying it could ever be accomplished, of the conferees. Or rather, on what the polls and his the President has admitted that bal- many political advisers tell the Presi- ancing the budget in 7 years—not 10, or The PRESIDING OFFICER. Without dent he should be thinking. This is a 9, or even 8, as he originally proposed— objection, the Senate will proceed to President, after all, for whom ‘‘taking was a reasonable goal. the consideration of the conference re- a tough moral stand’’ means finally ad- Clearly, the President is moving clos- port. mitting he raised taxes too much in er toward us as this budget process The Senate proceeded to consider the 1993, and then recanting his story the continues. But still, he is going to conference report. very next day, blaming his confession wave his veto pen and just say ‘‘no’’— (The conference report is printed in on ‘‘sleepiness.’’ not because he believes in his heart What the President is apparently the House proceedings of the RECORD of that he must, but because the political October 20, 1995.) hearing when it comes to the budget is winds suggest that he ought to. that he ought to veto the reconcili- That is not leadership. Mr. GORTON. Mr. President, we are ation bill. I suggest to President Clinton that here this morning to present the con- Let me quote from the Washington he resist playing politics and involve ference report to accompany H.R. 2002, Times of October 20: himself seriously in negotiations that the fiscal year 1996 Department of The White House is already preparing the will move this budget forward, on be- Transportation and Related Agencies post-veto campaign, mapping out travel half of all Americans—and not stop it Appropriations Act. As we all know, schedules for Cabinet secretaries and culling in its tracks to placate his political the Department of Transportation, like poll results to determine the key issues the base. many other departments, is operating President will push. Mr. President, leadership does not under the very strict terms of the con- A top White House aide has even been mean having a finger sensitive enough tinuing resolution. This conference re- promoted—a battlefield promotion, I to tell you which way the wind is blow- port will allow the Department to oper- guess—as ‘‘assistant to the President.’’ ing. And as any farmer knows, a flimsy ate for fiscal year 1996 without the re- His new duties? To ‘‘calculate the po- weather vane that sits too long out in strictions of the continuing resolution; litical impact of a veto.’’ the elements is eventually going to but more importantly, it will fund Mr. President, this Congress is tack- wear out and need to be replaced. vital programs such as air traffic con- ling the serious issues that come with Mr. CRAIG. Mr. President, I ask trol, Coast Guard search and rescue, fundamental reform of the Govern- unanimous consent I be allowed 1 and other critical safety functions. ment, issues like how to preserve the minute to close the order. I am pleased that, in conference with troubled Medicare program, how to The PRESIDING OFFICER. Without the House, the Senate was able to in- save our kids and grandkids from hav- objection, it is so ordered. crease funding for a number of impor- ing to carry the load of our debts and Mr. CRAIG. I thank my colleagues tant programs, since the conference al- deficits, how to stop the welfare sys- for joining me on this Halloween day. I location for the bill was $100 million tem’s cycle of dependency, how to give hope the message that we send to the higher in budget authority and $193 working-class folks the tax relief they American people is that the efforts we million higher in outlays than the Sen- desperately need. While we are doing are involved in here in Congress are ate-passed bill. This year, the problems all of that, the White House huddles in not a trick but a treat—a treat reward- facing the conferees were the same as its War Room calculating how many ing them for the profound statement those faced in the past—that is, how to political points the President would they made last year in the dramatic re- strike the best possible balance be- score by trying to squash our efforts. alignment of the political structure of tween the operational needs of the Fed- It seems President Clinton’s advisers this country, toward a time when Gov- eral Aviation Administration and the have told him that he needs to veto the ernment’s budgets will be balanced, Coast Guard with sufficient funding for reconciliation bill to, ‘‘draw policy dif- when its programs will be responsive, the Nation’s infrastructure and trans- ferences with the Republicans.’’ as concerned about the taxpayers as it portation safety needs. I believe that ‘‘Without a veto,’’ says a White is about those who should be the recipi- this agreement provides a balanced and House spokesman, ‘‘you cannot draw ents of responsible and caring Govern- fair solution for the challenges we the bright lines. And we are in a period ment programs. faced.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16351 The conference report before you progress, though perhaps not as quick- tation and Related Agencies Appropria- today contains a total of $12.5 billion in ly as we had hoped, and that with pas- tions Act. discretionary budget authority and sage of the NHS bill, States will soon The PRESIDING OFFICER. The Sen- $36.754 billion in outlays. I will quickly be in receipt of the $5.4 billion in ap- ator from New Jersey [Mr. LAUTEN- review some of the highlights of the portionments that are being held in BERG] is recognized. bill. abeyance pending enactment of the Mr. LAUTENBERG. Mr. President, I Total Coast Guard funding is $3.375 NHS. rise in support of the conference report billion, which is supplemented by an The conferees also agreed to drop a on H.R. 2002, the transportation appro- additional $300 million to be trans- provision which allowed the States priations bill for fiscal year 1996. ferred to the Coast Guard by the De- flexibility in dealing with an across- First, I thank my colleague from the partment of Defense. The conferees are the-board cut contained in ISTEA State of Washington for his able work very appreciative of the fine work and known as section 1003. The National on the subcommittee and for managing cooperation of Senate Defense Sub- Highway System authorizing conferees the bill this morning. We worked to- committee Chairman STEVENS and have assured us that this issue, too, gether on many issues and it is a pleas- House Chairman YOUNG. With these will be addressed in the NHS con- ure to be able to stand here with him funds, the Coast Guard conference ference agreement. this morning. total will be approximately $110 mil- The Senate proposal regarding State- I support this bill, but with consider- lion more than the fiscal year 1995 en- regional infrastructure banks has been able reluctance. When it comes to ad- acted level. deleted from the appropriations bill. dressing the transportation needs of For the Federal Aviation Adminis- However, I have it on good assurance this country, this bill falls short. Yet, tration, a total of $8.2 billion has been from the chairmen of the House Trans- in many areas, fortunately, this bill provided, which includes $4.6 billion for portation Infrastructure Committee, does not accept some of the more dra- FAA’s operations; over $1.9 billion for that the State infrastructure banks conian and counterproductive meas- associated facilities and equipment proposal, in a somewhat scaled-down ures called for in the budget resolution purchases; and $1.45 billion for grants form, will be included in the NHS con- or in the House bill. For that I am in aid for airport construction. In addi- ference agreement, and will allow both grateful. tion, the conference agreement directs transit and highway projects to par- This conference agreement cuts $800 FAA to institute personnel and pro- ticipate in the infrastructure bank pro- million in outlays from the fiscal year curement reforms which are des- gram. 1995 funding levels for the Department perately needed. The conferees believe I also want to inform the Members of Transportation. And, while it is over that these reforms will allow the FAA that the Senate proposal regarding air a half a billion dollars higher than the to operate more efficiently. I should traffic controllers’ revitalization pay, severe reductions called for under the point out that these reforms are fully which would have phased out this 5- Senate-passed budget resolution, it supported by the administration. The percent bonus over a 3-year period, has still signals a sizable disinvestment in reform provisions contained in this bill been deleted. The conferees heard from our Federal transportation infrastruc- will not become effective until April 1, the administration and from many in- ture. 1996, which will allow for sufficient and dividual controllers that this would This is not the direction our country adequate review by not only the appro- have a demoralizing effect on FAA per- ought to be heading. Consider the fact priate authorizing committees, but sonnel, and that the cut suggested by that, between 1972 and 1990, the United also by all affected FAA employees and the Senate, $45 million, would have States’ public investment in infra- systems users. been especially detrimental as FAA in- structure as a percentage of GDP For the Federal Highway Adminis- stitutes personnel reforms. ranked dead last of the six other G–7 tration, the bill includes a total of al- Finally, I should point out that the nations. Among those nations that most $20 billion—$17.55 billion for the House-initiated proposal which would have the largest economies and the Federal-aid highway formula program, have moved DOT employees on work- most power, we are last when it comes and $2.3 billion for those highway pro- er’s compensation rolls to retirement to investment in infrastructure. Dur- grams which are exempt from the obli- rolls, upon eligibility, has been deleted, ing the same period, the 1972 to 1990 pe- gation ceiling. Highway spending in fis- so that nothing in this bill affects em- riod, the average productivity growth cal year 1996 will be nearly $500 million ployees’ existing rights under worker’s in the United States also ranked dead higher than the comparable fiscal year compensation and retirement rules. last. 1995 levels. I want to thank all the Members of In recent years, Japan’s investment In the transit area, the bill provides the conference for their support on in infrastructure as a percentage of its a total of slightly more than $4 billion, reaching this agreement. I especially GDP was roughly three times that of which includes $400 million for transit want to thank my ranking Member, the United States. To catch up even for operating assistance; $666 million for Senator FRANK LAUTENBERG of New 1 year, we would need to increase transit new starts construction; and Jersey, for all his valuable time and in- spending on infrastructure by more $333 million for discretionary grants in sights in fashioning this conference than a quarter of a trillion dollars. the bus and bus-related facilities area. agreement. I also want to acknowledge This widening investment gap is bad In the rail area, it should be pointed Mr. FRANK WOLF of Virginia, who news for America’s ability to compete out that Amtrak has been provided a chaired the conference on behalf of the in the 21st century, and it undermines total of $635 million: $305 million will House and Mr. COLEMAN, the House our ability to provide essential jobs be for operating expenses; $230 million ranking Member. I believe it was a that will raise living standards. will be for Amtrak’s capital purchases; spirited conference which was entered Recognizing that reality, over 400 of and $100 million is set aside for Am- into in good faith. I believe all the con- our Nation’s leading economists have trak’s transition costs. ferees were interested in producing a urged our Government to increase pub- In closing, Mr. President, I would bill which meets this year’s difficult lic investment. With the extraordinary like to point out to the Members that funding challenges in a fair and bal- congestion that we face on our Na- there were several provisions included anced way. tion’s highways and runways across by the Senate which were dropped in Not at all incidentally, Mr. Presi- our country, we must do no less, even conference. The provision which des- dent, that, I believe, will be signed by within the current budget environ- ignates the National Highway System the President of the United States and ment. was not included because the conferees will not be a part of the disputes in My remarks are in no way intended were assured by both the chairman of which we are continually engaged. to reflect on the distinguished chair- the House authorizing committee, Mr. We have been told by the administra- man of this subcommittee, Senator SHUSTER, and the chairman of the Sen- tion that the President will sign this HATFIELD. Those of us on the Transpor- ate authorizing committee, Mr. bill upon receipt. As a result, I urge tation Subcommittee were extraor- CHAFEE, that the conference on the Na- adoption of the conference report for dinarily fortunate earlier this year tional Highway System bill is making H.R. 2002, Fiscal Year 1996 Transpor- when our full committee chairman,

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16352 CONGRESSIONAL RECORD — SENATE October 31, 1995 Senator HATFIELD, accepted the chair- absolutely no measures will be in- tions bill because it could not be adopt- manship of this subcommittee. I was cluded in the FAA’s personnel reform ed through freestanding legislation. delighted to hear that he made that de- plan that will undermine the ability of While I was very disappointed in the cision. Throughout the year, he has FAA employees to be members of a outcome, I want to commend Senator skillfully guided the subcommittee union, just like other people who work GORTON for his leadership in sticking through extensive hearings as well as for the companies in the country. up for the Senate position on this item. an amicable markup and conference. Perhaps the most critical decision Senator HATFIELD demonstrated his reached by the conferees as it relates Other areas of deep disappointment characteristic fairmindedness, open- to aviation is the final funding level for me are the deep cuts included in the ness and good judgment throughout for the FAA’s operations account. The bill for transit formula assistance and the process, and I am grateful for the final funding level will be $4.646 bil- pipeline safety activities. Transit oper- considerations he gave to my concerns lion—almost $50 million more than the ating assistance is being slashed by 44 throughout the year. House-passed level and almost $100 mil- percent. To make matters worse, the Separate from the funding levels con- lion more than the level passed by the conference agreement changes the for- tained in the bill, I am pleased to re- Senate. mula in a way that poses an additional port that Senator HATFIELD and I were Mr. President, we have a wonderfully hardship on our major urban areas. successful in retaining in the con- safe aviation system in this country. Members need to be aware that a cut ference agreement several of the im- While we have all been disturbed by of this magnitude will necessitate serv- portant policy positions articulated in aviation accidents in recent months, a ice reductions and fare increases across the Senate bill. dispassionate review of the relevant As it relates to the Coast Guard, for statistics reveals that this past year the country. Every Senator will have instance, the conference agreement re- was not one of the worst years for avia- constituents that will pay more money tains the provision allowing the com- tion safety. The fact is that usage of for less transit service. We are talking mandant to realign his existing search the air traffic control system contin- about longer waits for the bus to get and rescue stations, as well as reallo- ually grows but without the kinds of home from work and more cars on our investment I believe is necessary to cate billets throughout the Coast already congested highways. bring it up to the current and future Guard to achieve his rebalancing goals. needs. The Senate budget resolution called Under the provision, however, dozens The funding level for this account for transit operating subsidies to be of local communities will be spared the was, perhaps, the greatest deficiency in phased out entirely. I hope that after upheaval and the worry of losing their the Senate-passed bill. As the transpor- the experience of a 44-percent cut this Coast Guard search and rescue pres- tation appropriations bill moved to year, my colleagues will join with me ence entirely, and that includes several conference, the administration made in saying that enough is enough. I hope communities in New Jersey, in Oregon, clear the priority it attached to ade- that next year we can hold the line and and in several other States. quate funding for FAA operations. The bill before us also includes the stem the hemorrhage in this program. It was a program that gave all the provisions for FAA personnel and pro- Last year’s tragic pipeline explosion conferees, frankly, a great deal of curement reform that was included in worry. in Edison, NJ, served as a wake-up call the Senate bill. Under this provision, I am very pleased that the conferees for the entire Nation as to the need to absent the enactment of other legisla- found a way to fund this account at a beef up our efforts to ensure pipeline tion, the FAA Administrator will be level more closely resembling the safety. Our Nation’s pipeline infra- authorized to reform his agency’s per- President’s request. Importantly, as structure is aging rapidly. President sonnel and procurement processes by part of this effort, we were able to Clinton’s budget recognized this reality April 1, 1996. eliminate the provision in the Senate and requested a 13-percent increase for Both the Commerce Committee and bill imposing a 5-percent pay cut on air pipeline safety. the House Transportation and Infra- traffic controllers. structure Committee are currently The conferees, however, turned Frankly, these people are under great around and cut these activities 16 per- working on a comprehensive reform stress, and great strain. The last thing cent below last year’s level—a cut of 26 legislation for the FAA. In fact, I re- that we need to do is worry them fur- percent below the President’s request. I cently testified before the Commerce ther by threatening their ability to at- Committee on this legislation. It is my tend to their personal and family only hope that it will not require an- sincere hope that this legislation will needs. other pipeline explosion with either be enacted and supersede the provi- I am very pleased, especially during massive pollution or loss of life to get sions in the appropriations bill. this period of heightened anxiety over my colleagues to recognize our extraor- The issue of personnel and procure- the adequacy of our air traffic control dinary needs in this area. ment reform is a very complex one that system, that we are not imposing a pay So once again, Mr. President, I want requires the input of all affected par- cut on our already overworked air traf- to thank Chairman HATFIELD for his ties, including the air carriers, general fic controllers. consideration throughout the develop- aviation, the unions representing the There are several conference deci- ment of this conference agreement. My FAA’s employees, and others. I expect sions with which I strongly disagree. I the language in the appropriations bill unhappiness with the bill does not re- find it outrageous, quite frankly, that flect at all on his leadership. What it will continue to serve as a strong in- the Senate conferees receded to the does say is that this country is not in- centive—if I may characterize it as the House provision prohibiting the DOT vesting enough in its transportation pebble in the shoe—to bring all parties from increasing the corporate average infrastructure. By some accounts, the to the table to agree on necessary re- fuel economy standard in 1996. forms, because I frankly think, as Simply put so everybody understands U.S. ranks 50th or worse in comparison many do, that they are overdue. it, this provision will prohibit the DOT to other industrialized nations, in I should mention that, during con- from requiring the manufacturers of terms of per capita investment in in- ference committee deliberations on light trucks—a very popular vehicle in frastructure. It is outrageous. FAA personnel reform, both Congress- America—from trying to do even Everybody knows that efficient man COLEMAN and myself sought to en- slightly better in terms of fuel effi- transportation helps us move goods, sure that bill language would be in- ciency. Everyone sees the quantity of helps us move people, helps us become cluded in the conference report ensur- imported oil we bring into this country more efficient, more competitive, and ing that no new personnel scheme increasing. I think it is an outrageous provide for a quality of life far better would be put into place that would bar condition for America—to be hostage than that which is saddled with air pol- the rights of FAA employees to be a to foreign suppliers. It is not the way lution, delays caused by congestion, member of the union. we ought to be going, if we can avoid time away from family, and time away While we were only successful in in- it. One way we can avoid it is by con- from business appointments. cluding the relevant language in the serving more here. statement of managers, I have obtained This provision is being forced Mr. President, one of the things that an assurance from Secretary Pen˜ a that through the process on an appropria- we talked about and all of us feel so

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16353 deeply here about is the diminution of report contains 112 earmarks amount- for highways. No matter how needed, the quality of life in our country, ing to over $1 billion for mass transit highway projects were to get zero dol- about how difficult it is for families to projects in urban areas and areas more lars—zero dollars! A policy had been make a living where both mother and densely populated, while it refuses to laid down by the House Appropriations dad go out to work because it requires earmark one thin dime for areas that Subcommittee chairman that there two workers to earn what one used to are not served by mass transit but would be no highway funds earmarked earn. Do you know who pays the heavi- which have to depend upon highways at all—none! It is my understanding est price for that? It is the children. It for the transportation of people and that several Members of the House of is those who miss parental contact dur- goods. Representatives sought to have funding ing the evening hours and the daytime Mr. President and Senators, lend me for highway projects included in the hours. your ears! I come not to bury mass bill, but they were confronted with the If this transportation system of ours transit projects but to praise them. I policy that was to be the rule of continues to break down, continues to compliment Senators and Members of thumb, the line in the sand—no high- lack the ability to service our needs, it the other body who have successfully way projects; none! will impose an even heavier burden on made the case for earmarking mass There have been news reports that the family. It is pretty simple. transit and bus moneys for cities and earmarkings were being done away So, Mr. President, I am going to sup- towns in their States and congressional with in the Transportation bill; there port this bill. It is the best that we districts. They are doing exactly what would be no more such earmarkings. could get done in the current budg- they should be doing. I do not find The so-called ‘‘pork-busters’’ breathed etary environment. The administration fault with that. I come not to bury jus- a sigh of relief—hallelujah! No ear- has signaled definitively that President tified earmarks but to praise them. I marks! Henceforth, highway moneys Clinton will sign this conference re- have always believed that the elected should be distributed strictly by for- port. representatives of the people in Con- mula. Thus, a level playing field, it was There are only 2 other appropriations gress, both Houses, are in a better posi- claimed, was being created for the dis- bills that have been signed out of the 13 tion to know the needs of their con- tribution of highway dollars. A new thus far. That is military construction stituents in the States and congres- breed of legislator was in the saddle. and agriculture. We will look forward sional districts they serve than is some Move over, John Wayne, a new breed of to having this bill signed. We also ask unelected bureaucrat downtown who legislator was in the saddle. ‘‘Down our colleagues who are in committees otherwise would make the arbitrary with earmarks’’ was the battle cry! of jurisdiction—the Commerce Com- decisions as to how much and where mittee and the Environment and Pub- transportation dollars will be spent. Yet, Mr. President, earmarking is lic Works Committee on which I sit, to I have been in the Senate 37 years, not dead. It is very much alive and is expedite their action on the transpor- and I have been a member of the Sen- more robust than ever. And the Trans- tation authorization bills. Those bills, ate Appropriations Committee portation appropriations conference re- port is proof of it with $1,020,000,000— like this bill, will be critical to the throughout all of those 37 years. I was that is $1 for every minute since Jesus functioning of our country. chairman of the Senate Appropriations Christ was born—$1,020,000,000 for rail Mr. President, with that I yield the Subcommittee on Transportation, the and other mass transit projects, all floor. subcommittee which has jurisdiction earmarked in this conference report, Mr. GORTON addressed the Chair. over this bill. I was chairman of that all earmarked. The PRESIDING OFFICER. The Sen- Subcommittee on Transportation from ator from Washington [Mr. GORTON] is March 31, 1971, to July 18, 1975—in Mr. President, I come not to bury recognized. other words, over 4 years. I served as earmarks, but to praise them. In this Mr. GORTON. Mr. President, I under- chairman of the Senate Appropriations particular bill I support every ear- stand that the distinguished senior Committee for 6 years during the 101st, mark. But as one who, while serving on Senators from West Virginia and Ari- 102d and the 103d Congresses, and I the Appropriations Committee for 37 zona wish to be heard on this issue, and never—never—opposed the earmarking years, has never objected to the prac- I understand that each wishes that we of appropriate moneys for rail and tice of earmarking, I ask, what jus- have a recorded vote. other mass transit projects. At the tice—what justice—is there in a trans- Accordingly, I ask for the yeas and same time, I have also supported the portation policy that blatantly dis- nays on the conference committee re- earmarking of moneys for meritorious criminates against highways? What port. highway projects, not just in West Vir- wisdom, what reasonableness, what The PRESIDING OFFICER. Is there a ginia but throughout the United sweet reasonableness, what logic can sufficient second? There is a sufficient States. Yet, in this conference report there be in a transportation policy second. on appropriations for transportation, which says, ‘‘Come one, come all’’ to The yeas and nays were ordered. highway projects are blatantly—bla- earmarks for mass transit, but which Mr. BYRD addressed the chair. tantly—discriminated against. There is completely closes the door—closes the The PRESIDING OFFICER (Mr. not one copper penny—not one—not door—to highways. How sanctimonious FRIST). The Senator from West Vir- one copper penny for highway projects. can we get? On the one hand we say we ginia [Mr. BYRD] is recognized. Is that wise? Is that good national have done away with earmarks in the Mr. BYRD. Mr. President, I did not transportation policy? Are highways bill; on the other hand, the bill is full sign the conference report on the not an important part of the national of earmarks. This is sheer hypocrisy, Transportation appropriations bill. transportation system? sheer hypocrisy. Why did I not sign the conference re- When the Transportation appropria- There is also a $200 million appro- port? I did not sign it because I tions bill was passed by the Senate, it priation in this conference report for thought that it was patently unfair in contained $39.5 million for nine high- the Washington metro system. Now, I its treatment of rural States like my way demonstration projects through- do not regret that. I do not oppose that own State of West Virginia. Why did I out the country. One of these projects, funding. I have supported the funding think that it was patently unfair to costing $9 million, was in West Vir- for this Metro mass transit system in rural States like my own State of West ginia. the past. Last year there was $200 mil- Virginia? Because it does not allow one Mr. President, $39.5 million for high- lion; the year before that, there was single dollar for the earmark of high- way transportation projects is mere $200 million, and I believe the year be- way projects—not one—while it pro- chicken feed—chicken feed—as com- fore that, there was $170 million for the ceeds to earmark $687 million for 31 pared with $1 billion for mass transit Washington metropolitan transit sys- rail transit projects in many areas of and bus transportation; yet, it was at tem. Fine. I have no problem with that. the country, and it also earmarks $333 least chicken feed. The House conferees Thus, ‘‘I am constant as the northern million in 81 instances for buses and on the Transportation appropriations star, of whose true fix’d and resting bus-related facilities throughout the bill took the position that no moneys— quality there is no fellow in the fir- country. In other words, the conference none—no moneys could be earmarked mament.’’ Hence, Mr. President, I come

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16354 CONGRESSIONAL RECORD — SENATE October 31, 1995 not to bury the Washington metropoli- ago, almost 50 years ago, 48 years ago, hower advocated the Interstate High- tan transit system, but to praise it. West Virginia had less than 10 miles of way System, and I supported it. I was I have been much criticized in past divided highways. a Member of the U.S. Senate and sup- years for getting earmarks for highway In the early 1800’s, settlers were mov- ported the creation of the Appalachian projects in West Virginia. The cynics ing in great numbers to the West. In Regional Commission and the estab- call these highway projects ‘‘pork.’’ 1811, work was begun on a road that led lishment of the network of Appa- Are mass transit projects pork? I ask away from Cumberland, MD, toward lachian Regional Corridors. I have also you, Mr. President, are mass transit the West. It was to reach as far west as consistently supported Federal funding projects pork? Whether we talk about Vandalia, IL. This was the National in sharing the costs of building those mass transit or whether we talk about Road, the old Cumberland Road. And I corridors because of the particular and highways, these all constitute infra- am sure that the Presiding Officer, unique needs of the 13 States in Appa- structure. And infrastructure is impor- Senator CAMPBELL, who presides over lachia. tant to the country and the country’s the Senate today with a degree of skill economy. Both mass transit and high- and dignity that ‘‘is so rare as a day in When the Democrats were in control ways are important and vital compo- June,’’ has traveled with his motor- of the Senate during the years 1989 nents of the national transportation cycle over that old Cumberland Road. through 1994, I provided allocations, as system. Mass transit can be adapted to The Chair is not supposed to respond, chairman of the Senate Appropriations certain areas of the country, but not but I see him smiling. Committee, that would result in the all areas. Some areas simply must de- Well, this was the National Road, the funding of transportation projects pend for the most part upon highways. old Cumberland Road. For many years across the board—mass transit, bus and Why should areas that can only be it was the chief line of travel for thou- bus-related facilities, as well as high- served by highways be deprived? Why sands of settlers on their way to the ways—and throughout the entire coun- should they be denied Federal highway West. Before 1838, Congress had spent try. I never took the position that allo- dollars? Are rural areas not a part of nearly $3 million—think of it; Congress cations of funds should be for highways America? Are the taxpayers who live in had spent nearly $3 million—of Federal only, I never took the position that al- rural areas not Americans, too? Are funds on that road. Henry Clay was a locations of funds should be only for not their tax dollars just as good as the strong proponent of getting Congress West Virginia, and that earmarks for tax dollars of those who live in urban to advance money for building the other transportation modes should be areas, mass transit areas? A transpor- road. O that Henry Clay were a Mem- eliminated or done away with. I recog- tation policy that proclaims to the ber of this Senate today! Or a Member nized that a national transportation skies that earmarks are evil is a sanc- of the other body today—he served in policy—that is what we are talking timonious and hypocritical transpor- both bodies; he was once Speaker of the about, a national transportation pol- tation policy when it pronounces the House. O that he were here today to icy—should include several different sentence of death on one particular plead the cause of highways! He who systems—not just one or two, but sev- kind of transportation earmarks, while advocated his national system of public eral, meaning more than two—high- loading the bill down with earmarks improvements that made sense, and ways, mass transit, and otherwise. But for other transportation modes. Such a they still make sense today. Henry that is not the way things are to be transportation policy, Mr. President, is Clay was a strong proponent of getting done now that the tables have turned. not only unfair, it is also unwise. It is Congress to advance money for build- For some unfathomable reason—and penny-wise and pound-foolish. Monies ing that road. ‘‘unfathomable’’ goes deeper than the spent on highways provide not only I find it ironic, Mr. President, that deepest part of the broad Pacific short-term jobs but also result in long- the ancients—the Persians, the Ocean—highways have been left out! term financial returns for the whole Etruscans, the Egyptians, the Out! Out! Out with highways! national economy, many times over. Carthaginians—knew the importance Now, the ancient Persians knew this. of having good roads and sought to ex- Mr. President, during a 12-year pe- Darius Hystaspes—the Great—paid pand their network of roads, yet, we in riod, 1973 to 1985, the United States in- great heed to roads, which he greatly the Congress, the present-day bene- vested three-tenths of 1 percent of its extended and improved. ficiaries of the lessons of history, look gross domestic product in infrastruc- The Egyptians, the Carthaginians, upon highways with disdain, as evi- ture annually; during a 12-year period, and the Etruscans all built roads. They denced by this transportation appro- the United States invested three- did not have mass transit. They did not priations conference report. tenths of 1 percent of its gross domes- have buses. They built roads. There were other voices, Mr. Presi- tic product in infrastructure annually. The truly great road builders were dent, not so ancient which also may be Canada, meanwhile, invested 1.5 per- the Romans. We have all heard that all summoned in support of building trans- cent; the United Kingdom 1.3 percent; roads lead to Rome. The Romans knew portation infrastructure. Thomas Bab- France invested 2 percent; the then how to lay down a solid base and how ington Macaulay said: ‘‘Of all inven- Federal Republic of Germany invested to give the road a pavement of flat tions, the alphabet and the printing 2.5 percent; Italy invested 2.7 percent; stones. They knew that the road must press alone excepted, those inventions Japan invested 5.1 percent of its gross have a crown, that it must be higher in which abridge distance have done most domestic product in infrastructure an- the middle so as to drain water away, for the civilization of our species. nually during that 12-year period. How and that ditches should be dug along- Every improvement of the means of lo- did that correspond with those same side to carry away the water. Some comotion benefits mankind morally countries’ productivity? While the Roman roads are still in use even and intellectually, as well as materi- United States was investing only today. And every Senator, I am sure, ally, and not only facilitates the inter- three-tenths of 1 percent of its gross who has visited Rome and traveled out change of the various productions of domestic product annually in infra- to Tivoli, for example, has traveled on nature and art, but tends to remove na- structure, its productivity grew only tional and provincial antipathies, and old Roman roads, built 2,000 years ago. six-tenths of 1 percent annually, on the to bring together all of the branches of Great roads the Romans built that men average. In other words, less than 1 the great human family.’’ That was might meet, percent. And walls to keep strong men apart, secure; Thomas Macaulay. Now centuries are gone, and in defeat, Francis Bacon, a great English Chan- Canada invested 1.5 percent and expe- The walls are fallen, but the roads endure. cellor, a farsighted and learned man, rienced productivity growth of 1.3 per- Now, by contrast, early roads in said: ‘‘There be three things which cent. The United Kingdom invested 1.8 America were very poor. The trip from make a nation great and prosperous: a percent and had 1.8 percent produc- New York to Boston in colonial days fertile soil; busy workshops; easy con- tivity growth. France invested 2 per- was truly an adventure. You can say veyance for men and goods from place cent and grew 2.3 percent. The Federal that about some of the roads in West to place.’’ Republic of Germany invested 2.5 per- Virginia as well—even today. When I Mr. President, I was in the House of cent and enjoyed 2.4 percent produc- was in the State legislature 50 years Representatives when President Eisen- tivity

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16355 growth annually. Italy invested 2.7 per- useless waste of the taxpayers’ hard- Just 2 years ago, roughly 30 percent of cent, which yielded productivity earned dollars. They exist only to pro- the funds available for bus and bus fa- growth of 1.8 percent. In Japan, produc- mote the reputation and electability of cilities were distributed by competi- tivity growth was 3 percent, while it the politician who does the ear- tion. Four years ago, roughly half the invested 5.1 percent of its gross domes- marking, so the story goes. Thus, to funds were distributed based on com- tic product in infrastructure. appear to be virtuous on the subject of petition. In the years before that, the So we can see that nondefense public pork, one needs to be tough on that Congress earmarked anywhere between investment translates into increased Satan of spending, that Beelzebub of 9 percent and 28 percent of the total productivity. Increased productivity budgeting, the demon of deficits—high- amount of funding available for bus means increased economic growth. In- way demos. grants. The conference report before us creased economic growth means more If one is sufficiently vociferous in provides $687 million for so-called tran- jobs and, thus, more income for the stomping the serpent of highway sit new starts—$687 million for so- U.S. Treasury. Increased economic demos, then one can earmark bus and called transit new starts. These are growth also means increased national mass transit projects with random major construction projects for new, security. It also means an enhanced abandon. We have banished evil from expanded transit systems in our major competitive position for the Nation. It the kingdom! Now vice can flourish! urban centers. means a higher standard of living. And Hallelujah, how sweet it is! Evil has The conference report agreement ear- increased public investment also en- been banished from the kingdom. marks every penny made available courages increased private investment. Make no mistake about it, targeting under this account for 31 cities across And why not? Why would it not? moneys to a specific locality is ear- the country. This is true despite the Mr. President, if you had a company, marking. That is what has been done in fact that the administration saw fit to let us say, and you would like to buy a the case of mass transit and bus mon- request funding for only 12 cities. brand-spanking-new fleet of trucks, all eys in this bill. That is earmarking. If Now, I know that it will be claimed outfitted in bright red paint and it moos, gives milk, and has an udder, that the Nation’s highway needs can be chrome, how would you like to put it is undoubtedly a cow—even if one in- completely provided for by formula that fleet of new trucks out on roads sists on saddling it like a horse. It is funding. Just do it all by formula. Just that are filled with potholes and on still a cow. If it barks, wags its tail, mathematically dribble out highway bridges in need of repair? How would and lifts its leg, it is a dog, no matter dollars under an agreed-upon formula. you like to have your trucks detoured how loudly one claims that it thrives No deviations, please. We have all the 15, 18, 20 miles around a bridge that was only on cat food. highway needs of every State com- closed because it was unsafe? How An earmark is an earmark is an ear- pletely scoped out, packaged and much would that cost? How much mark is an earmark and no amount of arithmetically calculated, all by for- would it cost you? How much would obfuscation can change that. mula. that lower your productivity? How The conference agreement before us How utterly preposterous! How con- much would that cut into your profits? will provide $1.665 billion in discre- venient for some States and how detri- You probably would be reluctant to in- tionary grants for mass transit. Not mental for others. vest in the new trucks at all. one penny—not one penny—of that It should not come as a revelation to Hence, public investment encourages amount will go to West Virginia. Not anybody that different States have dif- private investment and is conducive to one. Mr. President, $1.665 billion in dis- ferent topographies. Some are flat. the profitability of the private sector. cretionary grants for mass transit. Some are hilly. Some are mountainous. Dollars spent on highways not only im- Within this amount, roughly $665 mil- Some are both flat and hilly. Some are prove the efficiency, and hence the pro- lion will go out by formula to the both flat and mountainous. It should ductivity and economic growth of a re- major rail transit systems in our major also not come as an intuitive flash of gion, but they also improve safety on urban cities. West Virginia will not see genius to anyone that the economies of the highways. The decision to elimi- any of that funding. the States are different. Some are nate highway funding earmarks in this West Virginia is not alone. There are rural. Some are agricultural. Others legislation just does not make sense in other States, as well. are urban centers. Some are dependent terms of our economic growth, our pro- The remaining $1 billion provided for upon industry. Many State economies ductivity growth, our Nation’s trans- transit discretionary grants in this have a combination of both or all of portation needs, our people’s safety, or conference agreement have been com- these. an overall viable transportation policy pletely earmarked—completely ear- If one understands these quite obvi- for this Nation. marked—by the conferees. This in- ous and undeniable geographic and eco- Why, then, was such a decision made? cludes $333 million in grants for bus nomic differences that exist among the What is really going on in this bill with and bus-related facilities. Yet, there States, it then follows that some regard to highway projects? What are only two bus grants that are ex- States will need more mass transit could possibly justify such an arbitrary pressly authorized to receive appro- money, or more bus money, or more and shortsighted view of our Nation’s priated funds in the bus category—a highway money than others. It also transportation needs so as to prompt a grant for the State of Michigan and a then becomes apparent that an exclu- total—total—blackballing of highway grant for Altoona, PA. However, the sively formula-driven approach to projects? conferees saw fit to earmark every highway funding is not going to ad- In my view, such a tunnel-vision ap- penny of the funds available for bus dress the highway needs of each and proach could not be engendered by any and bus-related facilities, for a total of every State. It costs from $10 to $18 reasonable contemplation of what 81 projects. million a mile to build four-lane high- makes for sound national transpor- It has not always been the custom to ways in the State of West Virginia. We tation policy. earmark the entire pot of bus funds. have mountains, more than a million What is going on here is simple knee- Under section 3 of the Transit Act, hills and mountains in West Virginia. jerk politics. It is a large fandango these funds are to be distributed based It also, then, becomes apparent that an aimed at appearing to be ‘‘pure’’ on the on a merit-based competition con- exclusively formula-driven approach to subject of transportation pork, a large ducted by the Federal Transit Adminis- highway funding is not going to ad- fandango aimed at appearing to be pure tration. Indeed, there are currently ap- dress the highway needs of each and on the subject of transportation pork. plications sitting at the Federal Tran- every State. Highway demos have, over the years, sit Administration for more than half a Thus, the reason for earmarking of gotten a reputation which, in my view, billion dollars in bus grants. The appli- highway dollars—in order to address is largely undeserved. Now that bad cations are there. However, not one— the deficiencies of the Federal highway reputation is being exploited for polit- not one—of these applications will be formula in certain States—can easily ical gain—for political reasons. entertained in the coming year. be understood, can easily be under- In news story after news story, high- Why? Because every penny has al- stood by those who want to under- way earmarks have been portrayed as a ready been earmarked by the conferees. stand.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16356 CONGRESSIONAL RECORD — SENATE October 31, 1995 Take a State like West Virginia. We have mass transit. We have to depend A patchwork quilt of a nation, where are mostly rural, heavily forested, very upon highways. West Virginia, there- some States thrive and others wither, mountainous, have very little flat land fore, receives very little mass transit is not a prescription for a strong na- and few cities of any size. We have few money, no new airport funds, and is, tional economy. An unbalanced trans- airports, sparse airline service, and therefore, left almost completely de- portation policy, like the one promul- heavy fog which frequently impairs pendent upon highway funds to satisfy gated in this conference report, is a landings and takeoffs. its transportation needs. major contributor to that checkered West Virginia receives almost no Come on, pork busters! Go with me economic picture, and it will not serve funding from the $1.5 billion airport to West Virginia! For commerce, for this Nation well. improvement program. The most for- tourist travel, travel by people within So we can beat our breasts. We can mula funding that my State of West the State and by people passing beat our breasts and proclaim to the Virginia has ever received from that through on their way to somewhere highest heavens that we have elimi- program was $4.3 million in 1 year. else, means, for the most part, highway nated the earmarks in this bill. But West Virginia ranks 49th in the Nation travel, and we need highways. High- that claim is false. The earmarks are in the number of air passengers. ways are West Virginia’s only ticket— there. They are a little disguised per- I do not like to ride airplanes. When only ticket to economic development. haps, but they are there. I was a little boy I would write to all of My State is a poor State. Thank God the companies that were advertising in for West Virginia. It is a land of moun- We can wave our swords and rejoice publications that had anything to do tains by God’s great will, and it pro- that we have slain the dragon of high- with aviation. I thought someday I duces mountain men and women. Yes, way demos in this bill. That claim is would like to be an aviator, and sail it is a poor State, always has been, true. But, that dragon is not a dragon through the clouds with the greatest of trampled by outside interests. One day at all, and slaying it will only result in ease. It did not work out like that. I I will talk about the great coal barons the killing of the economic hopes of am not so wild about flying anymore. who lived outside the State but who rural states dependent on highways for So we are 49th among the States with took the State’s resources with the prosperity. reference to air passengers. Compare blood and the sweat and the tears of Mr. President, Daniel Webster made that to the Dallas-Ft. Worth Airport mountaineers who helped to build my case in 1830 in his second reply to that has received more than $100 mil- those fortunes for the absentee owners. Hayne. On Tuesday, January 26, 1830, lion in a single year for the expansion So, my State is a poor State, and with- he said, of that airport from the Airport Im- out adequate highways we will always provement Program. Is that pork? remain so. . . . I look upon a road over the The airport in Charleston, West Vir- Then, there is the issue of safety. Alleghanies— ginia—probably the State’s busiest air- That affects everybody. I was in one He was talking about West Virginia port—was built by hacking off the top head-on collision in West Virginia, on except West Virginia was not a State of several mountain peaks, shoving West Virginia State Route 2, in which at that time. that dirt into the valleys and then the driver of the other car was killed. smoothing and leveling that newly-cre- Safety is important. Again, let us . . . I look upon a road over the ated surface to make a runway. On a look at my State of West Virginia. As Alleghanies— foggy morning, taking off or landing at I have said, there is very little flat This is not ROBERT C. BYRD talking; Charleston can be an exciting experi- land. We have roads in some areas that this is Daniel Webster, the god-like ence. And it can also be a fatal one, as have more hairpin curves than they do Daniel. we have seen. So, there are not large straight stretches. They are narrow airports, and therefore, some busi- winding, twisting roads, snaking . . . I look upon a road over the nesses are reluctant to come to my around and over mountains and up and Alleghanies, a canal round the falls of the State because of that drawback. Like- down steep valleys. In the rain, in the Ohio, or a canal or railway from the Atlantic wise, blasting through mountains, snow, in the dark, in the fog, it is quite to the Western waters. building tunnels through mountains— a harrowing ride in many parts of West He did not limit it to just one mode John Henry has been dead a long, long Virginia. Lives have been lost again of transportation. He was talking time—blasting tunnels through moun- and again because of these narrow, about them all. He said, tains, under valleys and riverbeds in two-lane, twisting ribbons that criss- order to build tunnels for mass transit cross my State. I know. I have tra- . . . I look upon a road over the is not extremely practical, to say the versed almost all of them at some time Alleghanies, a canal round the falls of the Ohio, or a canal or railway from the Atlantic least. We have almost no mass transit or other. to the Western waters, as being an object activity in West Virginia. Can you It would be an education for some large and extensive enough to be fairly said imagine speed rail transit in West Vir- Members to travel with me on some to be for the common benefit. . . . We [New ginia? rainy night in the fog when the head- Englanders] look upon the states, not as sep- We have almost no mass transit. Of lights barely penetrate a car length. arated, but as united . . . We do not impose the $2.5 billion that was distributed by Perhaps I should invite some of the op- geographical limits to our patriotic feeling formula to the States for mass transit ponents of highway money to ride or regard; we do not follow rivers and moun- assistance in fiscal year 1995, guess how along with me, so that they might tains, and lines of latitude, to find bound- much West Virginia received? Of the enjoy the full flavor of unimproved, aries, beyond which public improvements do not benefit us . . . if I were to stand up here $2.5 billion, West Virginia received less two-lane mountain highways. I daresay and ask, what interest has Massachusetts in than $650,000. It received $642,000, less their antiperspirant would fail them. a railroad in South Carolina? I should not be than $1 million out of $2.5 billion. That Maybe then—just maybe—a little sym- willing to face my constituents. These same is why we need highways. I know they pathy might be forthcoming with re- narrow-minded men would tell me, that they are looked upon with scorn in some gard to those evil highway projects. had sent me to act for the whole country, quarters. But West Virginia is part of This is what my people endure daily and that one who possessed too little com- the Union, the only State that was in West Virginia. This is what travelers prehension, either of intellect or feeling, one torn from another State in the throes passing through my State contend who was not large enough, both in mind and in heart, to embrace the whole, was not fit of a great Civil War. It became a Union with. This is what truck drivers— to be entrusted with the interest of any part. State in 1863. whose time is money—have to deal For this coming fiscal year, the con- with when they take a load through That was Daniel Webster. O that we ference agreement will lower that level West Virginia. had Webster, or Clay, or both of them of assistance to West Virginia to But, what is West Virginia in the in the Senate today. Or in the other $515,000. Out of the $2.5 billion, West grand scheme of things? We are small. body, because they saw beyond the ho- Virginia will get a half-million. Think We are poor. Who cares about our safe- rizon. They saw beyond the geo- of it. I am not complaining about that. ty or our economic plight? Maybe we graphical limitations, beyond the lines God, in his masterful design, in all of should just crawl back into our hollows of latitude and the rivers and the that process of creation, made West and mountain caves and stop bothering ridges of the mountains. They saw a Virginia mountainous, so we do not everybody. great

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16357

country benefiting by that which bene- Project location and purpose House Senate Conference Project location and purpose House Senate Conference fited one part. State of Illinois; buses ...... 20,000,000 0 16,850,000 Wisconsin: State of Wisconsin; Mr. President, I do not ask others to Indiana: buses ...... 20,000,000 0 10,000,000 vote against this conference report. As Gary and Hammond; buses 520,000 0 260,000 South Bend; intermodal fa- Total ...... 333,000,000 333,000,000 333,000,000 I say, I support every mass transit ear- cility ...... 5,000,000 0 2,500,000 mark in the conference report. I sup- State of Indiana; buses and bus facilities ...... 13,000,000 0 6,500,000 The conference agreement provides for the port every bus and bus facility ear- Kentucky: Lexington; buses ...... 2,000,000 0 1,000,000 following distribution of the recommended mark in the conference report. I do not Louisiana: funding for mass transit systems as follows: New Orleans; bus facility .... 6,000,000 0 3,000,000 come to bury earmarks, Mr. President. New Orleans; buses ...... 12,000,000 0 6,000,000 Project Amount I come to praise them. But I will vote Saint Barnard Parish; inter- Atlanta-North Springs against this conference report. modal facility ...... 3,000,000 0 1,500,000 Massachusetts: Worcester; project ...... $42,410,000 We are one country, Mr. President, intermodal center ...... 4,000,000 0 2,000,000 South Boston Piers (MOS– and we ought to have a transportation Maryland: Maryland Transit au- thority, Maryland; buses ...... 10,000,000 16,000,000 13,000,000 2) project ...... 20,060,000 policy that adequately addresses the Michigan: Canton-Akron-Cleveland needs of the whole country. The bill be- Lansing intermodal trans- commuter rail project .... 2,250,000 fore us falls far short of that laudable portation center ...... 0 4,180,000 2,090,000 State of Michigan; ISTEA Cincinnati Northeast/ goal. set-aside requirement..... 10,000,000 10,000,000 10,000,000 Minnesota: Metropolitan Coun- Northern Kentucky rail I shall vote against this conference cil, Minnesota; articulated line project ...... 1,000,000 report in protest of the unwise trans- buses ...... 15,000,000 0 7,500,000 Missouri: Dallas South Oak Cliff portation policy that is embraced in Kansas City; Union Station LRT project ...... 16,941,000 this bill. intermodal ...... 0 13,000,000 6,500,000 St. Louis; Metrolink bus pur- DART North Central light Mr. President, I ask unanimous con- chase ...... 0 10,000,000 3,500,000 rail extension project ..... 3,000,000 sent that a table showing earmarks State of Missouri; buses Dallas-Fort Worth provided for bus and bus-related facili- and bus facilities ...... 0 11,000,000 7,000,000 North Carolina: State of North RAILTRAN project ...... 6,000,000 ties, and one showing earmarks for Carolina; buses and bus fa- Florida Tri-County com- mass transit systems, be printed in the cilities ...... 10,000,000 0 5,000,000 New Jersey: muter rail project ...... 10,000,000 RECORD. Garden State Parkway; park- Houston Regional Bus There being no objection, the mate- n-ride at interchange 165 0 2,300,000 1,150,000 Hamilton Township; inter- project ...... 22,630,000 rial was ordered to be printed in the modal facility/bus main- Jacksonville ASE exten- RECORD, as follows: tenance ...... 0 25,000,000 12,500,000 Nevada: Clark County, Nevada; sion project ...... 9,720,625 BUS AND BUS-RELATED FACILITIES buses and bus facility ...... 14,000,000 20,000,000 17,000,000 New York: Los Angeles Metro Rail The conference agreement provides Albany; buses ...... 0 10,000,000 5,000,000 (MOS–3) ...... 85,000,000 $333,000,000 for the replacement, rehabilita- Buffalo; Crossroads inter- Los Angeles-San Diego tion, and purchase of buses and related modal station ...... 1,000,000 0 500,000 commuter rail project .... 8,500,000 equipment and the construction of bus-re- Long Island; buses ...... 0 3,000,000 1,500,000 New Rochelle; intermodal MARC commuter rail lated facilities. The conferees agree that the facility ...... 1,500,000 0 750,000 recommended funding should be distributed New York City; natural gas project ...... 10,000,000 as follows: buses/fueling station ...... 0 10,000,000 5,000,000 Maryland Central Corridor Rensselaer; intermodal sta- tion ...... 7,500,000 7,500,000 7,500,000 LRT project ...... 15,315,000 Project location and purpose House Senate Conference Rochester-Genessee; buses 0 1,400,000 700,000 Miami-North 27th Avenue Syracuse; buses ...... 2,000,000 0 1,000,000 Arkansas: Syracuse; intermodal station 2,000,000 0 1,000,000 project ...... 2,000,000 Little Rock, central Arkansas Utica; buses ...... 0 6,000,000 3,000,000 Memphis, Tennessee Re- transit transfer facility ... 0 $1,000,000 0 Westchester; bus facility ..... 4,500,000 0 2,250,000 Fayetteville, intermodal Ohio: gional Rail Plan ...... 1,250,000 transfer facility ...... 0 5,400,000 0 Cleveland; Triskett bus fa- New Jersey Urban Core- State of Arkansas; buses .... $6,000,000 0 $6,200,000 cility ...... 2,500,000 0 1,250,000 California: Columbia; buses ...... 0 10,000,000 0 Secaucus project ...... 80,250,000 Coachella Valley; SunLine State of Ohio; buses and bus facility ...... 1,000,000 0 500,000 New Orleans Canal Street bus facilities ...... 20,000,000 0 15,000,000 Corridor project ...... 5,000,000 Long Beach, bus replace- Oregon: ment and parts ...... 0 3,000,000 1,500,000 Wilsonville; transit vehicles 0 500,000 250,000 Los Angeles; Gateway inter- New York Queens Connec- modal center ...... 8,000,000 15,000,000 8,000,000 Eugene lane transit district; tion project ...... 126,725,125 radio system ...... 0 1,300,000 650,000 San Diego, San Ysidro inter- modal center ...... 0 10,000,000 5,000,000 Pennsylvania: Pittsburgh Airport Phase 1 San Francisco; buses ...... 13,480,000 0 6,740,000 Allegheny County; busway project ...... 22,630,000 San Francisco, BART ADA system ...... 8,000,000 10,000,000 9,000,000 compliance/paratransit ... 0 4,460,000 2,230,000 Altoona; ISTEA set-aside re- Portland-Westside LRT San Gabriel Valley; Foothill quirement ...... 2,000,000 0 1,000,000 project ...... 130,140,000 bus facilities ...... 12,500,000 0 9,750,000 Beaver County; bus facility 1,600,000 3,300,000 2,450,000 San Joaquin, RTD replace- Erie; intermodal complex ..... 0 8,000,000 4,000,000 Sacramento LRT extension ment ...... 0 10,560,000 5,280,000 North Philadelphia; inter- project ...... 2,000,000 Santa Cruz; bus facility ...... 3,000,000 0 1,500,000 modal center ...... 6,000,000 0 3,000,000 Sonoma County; park and Philadelphia; buses ...... 3,000,000 0 1,500,000 St. Louis Metro Link LRT ride facilities ...... 2,500,000 0 1,250,000 Philadelphia; Chestnut project ...... 12,500,000 Ventura County; bus facility 1,200,000 0 600,000 Street/alternative fueled Yolo County; buses ...... 3,000,000 0 1,500,000 vehicles ...... 0 2,000,000 1,000,000 Salt Lake City light rail Colorado: Fort Collins and Philadelphia; lift-equipped project ...... 9,759,500 Greeley; buses ...... 2,500,000 0 1,250,000 buses ...... 15,000,000 0 7,500,000 Connecticut: Norwich; inter- Tennessee: Nashville, Ten- San Francisco BART ex- modal center ...... 3,000,000 0 1,500,000 nessee; electric buses ...... 600,000 0 300,000 tension project ...... 10,000,000 Delaware: State of Delaware; Texas: buses ...... 2,700,000 0 1,350,000 Corpus Christi; buses, dis- San Juan, Puerto Rico Florida: patching system, and fa- Tren Urbano project ...... 7,500,000 Metropolitan Dade County; cilities ...... 0 1,600,000 2,450,000 buses ...... 4,000,000 16,000,000 10,000,000 Corpus Christi; bus facilities 2,500,000 0 0 Tampa to Lakeland com- Orlando; Lynx buses and El Paso; buses, equipment muter rail project ...... 500,000 bus operating facility ...... 8,500,000 0 4,250,000 and facilities ...... 6,000,000 0 5,200,000 Palm Beach County; bus fa- El Paso; bus equipment ...... 2,900,000 0 0 Whitehall ferry terminal, cility ...... 4,000,000 0 2,000,000 El Paso; satellite transit ter- New York, New York ...... 2,500,000 Volusia County; buses and minal ...... 1,500,000 0 0 park and ride facility ...... 2,500,000 0 1,250,000 Robstown/Corpus Christi Wisconsin central com- Georgia: Atlanta; buses ...... 7,500,000 0 3,750,000 bus shelters/curb cuts/ muter project ...... 14,400,000 transit center ...... 0 800,000 0 Hawaii: Honolulu, Oahu; Burlington-Charlotte, Kuakini medical center Utah: Utah Transit Authority, parking facility ...... 0 8,000,000 4,000,000 Utah; buses ...... 3,500,000 0 1,750,000 Vermont commuter rail Iowa: Virginia: Richmond; downtown project ...... 5,650,000 Ames, Marshalltown, intermodal station ...... 0 10,000,000 5,000,000 Ottumwa, Regions 6, 14, Vermont: SOUTH-NORTH CORRIDOR PROJECT 15, 16; buses and bus State of Vermont; buses and facilities ...... 4,000,000 0 2,350,000 bus facilities ...... 0 6,000,000 3,000,000 The conferees note that the Oregon legisla- Cedar Rapids; hybrid elec- Marble Valley; bus upgrades 0 2,000,000 1,000,000 tric bus consortium ...... 0 2,960,000 1,200,000 Washington: ture and Portland area voters have approved Ottumwa; global positioning Everett; intermodal center ... 0 7,000,000 3,500,000 $850 million in local and state funds for the equipment ...... 0 700,000 0 Pierce County; Tacoma South-North corridor project. The conferees Waterloo; intermodal bus fa- Dome station ...... 3,000,000 5,000,000 5,000,000 cility ...... 0 1,340,000 670,000 Seattle; Metro/King County support the inclusion of the South-North State of Iowa; buses, equip- multimodal ...... 0 4,000,000 2,000,000 corridor in the Portland area program of ment, and facilities ...... 0 8,000,000 4,280,000 Seattle/King County; Seattle interrelated projects and note that a project Illinois: metro bus purchase ...... 2,500,000 10,000,000 6,250,000 Chicago replacement buses/ Wenatchee; Chelan-Douglas financing plan, based on a discretionary (sec- communications system .. 0 13,700,000 0 multimodal ...... 0 2,000,000 0 tion 3) share of fifty percent of the total

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16358 CONGRESSIONAL RECORD — SENATE October 31, 1995 rubberstamped the package that was Just spend just a few days here, we project costs, will be considered should the sent to the Senate by the Senate Budg- have a few votes, go home! Just pass Portland region seek funding for this et Committee, and not all of the mem- one bill! Just rubber stamp whatever project. bers of that committee knew what they the Budget Committee is forced to send ORANGE COUNTY, CALIFORNIA were sending to the Senate. Is that leg- to the Senate floor. Rubber stamp it! The conferees are concerned with the delay islating? Is that trick or treating? That would be another trick or treat of the Federal Transit Administration in ob- Mr. President, those who wish to pro- for the American people. ligating the funds previously provided in fis- claim to the high heavens that this is Well, Mr. President, it seems to me it cal years 1994 and 1995 for the Orange County a great masterpiece will come to find Transitway project. The conferees are con- is preposterous to even claim that we that ‘‘Confusion now hath made his cerned that the FTA may fail to recognize are legislating with any knowledge or masterpiece,’’ and the worm will turn! that the Anaheim Intermodal Transpor- wisdom of what we are doing when we The American people are going to find tation Center is not an element of the last week passed a bill like that. It was out in due time about the Senate’s Transitway project. The conferees, therefore, a joke we played on the American peo- direct the FTA to work expeditiously to obli- handiwork and the handiwork of the ple—and a bad one. gate these funds once all pending planning other body—what we passed for a law. and financial issues are addressed ade- We might as well have been blind- Mr. President, I thank the Chair, and quately. folded. We might as well have had our I thank all Senators, and I yield the KANSAS CITY ears plugged. When a pile of paper like floor. Although no funds have been provided for that is acted upon in the course of 42 I suggest the absence of a quorum. the Kansas City, Missouri light rail project, hours—including time consumed by The PRESIDING OFFICER. The the conferees believe that based on the re- roll calls—under the restrictions that clerk will call the roll. sults of the recently completed major invest- govern the actions of the Senate on a ment study, the project may have merit and The assistant legislative clerk pro- therefore encourage project sponsors to con- reconciliation bill, how can one say tinue to seek federal support in the future. that the Senate has not perpetrated a ceeded to call the roll. gigantic fraud upon the American peo- Mr. BYRD. Mr. President, I yield the Mr. BYRD. Mr. President, I ask unan- ple? The people send us here to know floor, and I suggest the absence of a imous consent that the order for the what we are doing, to know what we quorum. quorum call be rescinded. are voting on, and we did not. We did The PRESIDING OFFICER. The not. And God knows that in the heart The PRESIDING OFFICER. Without clerk will call the roll. of every Senator, that Senator has to objection, it is so ordered. The assistant legislative clerk pro- admit that he did not know what was ceeded to call the roll. in that bill. He knew a little here and f Mr. BYRD. Mr. President, I ask unan- a little there, but he did not know imous consent that the order for the most of what is in that bill. THANKING SENATE STAFF quorum call be rescinded. So there you have it. That is the co- The PRESIDING OFFICER. Without lossal trick or treat of the century! Mr. BYRD. Mr. President, the con- objection, it is so ordered. Right there it is. Halloween came last ference report has been the subject of f Friday. It is over! The kids may go praise and criticism and blame. Let me around tonight and pick up a little take this opportunity to express my THE RECONCILIATION BILL candy and chewing gum, here and appreciation and, I am sure, the Sen- Mr. BYRD. Mr. President, I heard a there, but the American people got ate’s appreciation to the floor staff great deal of blather this morning theirs last Friday night! under the direction of the Secretary of about tricking and treating, about that Now the two bodies, the conferees of the Senate, Kelly Johnston, for the great reconciliation bill that was the two bodies have to meet and go outstanding service that the floor staff passed last Friday—it may have been a over all of this mass of wood pulp and provided to the Senate during the little after midnight—and that that try to make sense out of it and then lengthy debate on the reconciliation was a great treat for the American peo- bring back what will result from the bill that was passed in the early hours ple. conference, the resolution of the dif- of the morning on Saturday, October Mr. President, here it is on my desk. ferences between the two bodies. And 28. The white papers represent the Senate who knows what differences there are? I commend the hard work and long amendment; the 1,862 pages just in the We will have that conference report up hours of the legislative clerk, Scott white. The two blue volumes, 1,839 before the Senate one day. Bates, and his able assistant, David pages, represent the House reconcili- There is no legal requirement, there Tinsley, as well as the bill clerk, ation bill. is no constitutional requirement that I Kathie Alvarez. But most particularly, These 1,839 pages that represent the know of that says the Senate has to Mr. President, I applaud the out- House reconciliation bill were given 6 pass a reconciliation bill. Show me! I standing efforts of the office of the hours—all of 6 hours—of debate in the do not know of any. There is no doubt Parliamentarian of the Senate, the other body. Think of it, 6 hours! And that there would be some serious budg- staff of very hard-working and dedi- the 1,862 pages in the Senate amend- etary consequences that would flow cated professionals. That office is ment were given 20 hours, plus 1 addi- from not having a reconciliation bill under the supervision of the Senate tional hour, I believe, on the Roth but we do not have to have one. All we Parliamentarian, Bob Dove. And he is amendment, and a minute equally di- have to do is pass the appropriations very ably assisted by Alan Frumin, vided on each of various and sundry bills, raise the debt limit and go home. Kevin Kayes, and Beth Smerko, as well other amendments. So there you have Think of it! If we continue to go as Sally Goffinet. it, 1,862 pages, a little over 20 hours, down that road, all we will need to do parts of 4 days in the Senate! is show up for a week, 10 days perhaps, The reconciliation bill that the Sen- Now, who under God’s vast Heaven during a whole year. Except for the ate adopted last week was a massive knows what is in this bill? Not one Byrd rule, if the Senate so instructs and complicated omnibus bill. Many Senator, not one Senator out of the 100 the committees, all the committees difficult rulings were required of the Senators, knew when he cast his vote could just send to the Budget Com- Parliamentarian, particularly in the for or against that monstrosity, not mittee—it is not the Budget Commit- context of the often maligned Byrd one knew what he was voting on! No tee’s fault—all the other committees rule and the need to interpret the con- single committee held hearings on all could just send to the Budget Com- sistency or lack thereof of particular of this. Different committees held dif- mittee whatever their pleasures might amendments with respect to the Byrd ferent hearings on parts of it. But no be, and the Budget Committee would rule. committee person, no committee chair- be forced to put all those into one mas- In many of these instances, pro- man, no Member of the Senate, no staff sive bill, and we could just pass that ponents of amendments argued ada- person knew everything that Senators one bill and pass one omnibus appro- mantly and with passion before the were voting on, and most Senators priations bill and go home. Hot ziggedy Parliamentarians that their amend- knew very little about it. We simply dog, go home! ments were relevant under the Byrd

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16359 rule and, therefore, qualified for inclu- DEPARTMENT OF TRANSPOR- billion in new outlays to fund the pro- sion in the reconciliation bill. The op- TATION AND RELATED AGEN- grams of the Department of Transpor- ponents of such amendments argued CIES APPROPRIATIONS ACT, 1996 tation, including Federal-aid highway, just as strongly that a number of these The Senate continued with the con- mass transit, aviation, and maritime amendments were extraneous or had no sideration of the bill. activities. budgetary impact and, therefore, did Mr. MCCAIN. Mr. President, I want When outlays from prior-year budget not qualify for inclusion in the rec- to take a moment to praise the chair- authority and other completed actions onciliation bill. man and the ranking member of the are taken into account, the bill totals The Parliamentarians had the very Transportation Appropriations Sub- $13.1 billion in budget authority [BA] difficult task of reaching a final deter- committee. The conference report they and $37.3 billion in new outlays. mination in questions such as these on have brought to Senate demonstrates The subcommittee is $18 million in the basis of their interpretations of the their hard work. BA below its 602(b) allocation, and it is requirements of the Budget Act in rela- Although I would have dealt with essentially at its outlay allocation. tion to the Byrd rule as well as the some specific issues differently than I urge adoption of the conference re- precedents of the Senate in this regard. the conferees did, they deserve our port. This is a very difficult and thankless praise. Mr. President, I ask unanimous con- responsibility, which, to my knowl- However, Mr. President, I do want to sent that a table displaying the Budget edge, was carried out without excep- comment specifically on a few matters Committee scoring of the final bill be tion on an objective and fair and equi- contained in the bill. printed in the RECORD. table basis in every instance. First, the House bill as passed con- There being no objection, the table tained numerous provisions making ap- was ordered to be printed in the So I congratulate the Parliamentar- propriations for certain projects con- RECORD, as follows: ians on their performance in connec- tingent upon authorization. I am dis- tion with the record-setting stream of appointed that this language was TRANSPORTATION SUBCOMMITTEE—SPENDING TOTALS— amendments and the interpretations dropped in conference. CONFERENCE REPORT that had to be determined in relation If we are going to continue to appro- [Fiscal year 1996, in millions of dollars] to many of them during the debate on priate funds for unauthorized Budget the reconciliation bill. The Senate and projects—I would hope that if such an authority Outlays the American people owe these hard- appropriation is made subject to au- Nondefense discretionary: working professional staff members our thorization that such language will be Outlays from prior-year BA and other actions deep gratitude. preserved. completed ...... 382 25,376 H.R. 2002, conference report ...... 12,100 11,378 I would be recreant if I did not also Second, I am also concerned that in Scorekeeping adjustment ...... certain accounts the funding levels re- compliment the majority leader, Mr. Subtotal nondefense discretionary ...... 12,482 36,754 DOLE, and the minority leader, Mr. ported out of the conference are higher than the levels approved by either the Mandatory: DASCHLE, and the chairman and the Outlays from prior-year BA and other actions ranking member of the Senate Budget Senate or the House. Reprioritization completed ...... 60 of funds in the conference in this man- H.R. 2002, conference report ...... 582 521 Committee, Mr. DOMENICI and Mr. Adjustment to conform mandatory programs EXON. The two managers of the bill ner does raise many legitimate con- with Budget Resolution assumptions ...... 2 ¥0 cerns. demonstrated great skill, equanimity, Subtotal mandatory ...... 584 581 and patience in their work. Third, the report to accompany the conferenced bill does contain numerous Adjusted bill total ...... 13,066 37,335 The majority leader carried a heavy earmarks not contained in the reports burden. I think he was fair. He was Senate Subcommittee 602(b) allocation: that accompanied either the House or Defense discretionary ...... hard driving, but he succeeded in over- Senate bills. I raise this issue not to Nondefense discretionary ...... 12,500 36,754 coming the difficulties and problems Violent crime reduction trust fund ...... criticize, but instead to emphasize for Mandatory ...... 584 581 and was successful in getting Senate the record that such language does not Total allocation ...... 13,084 37,335 action on the bill. have the force of law, is not binding, Mr. EXON on this side did us all and should only be considered as a rec- Adjusted bill total compared to Senate Sub- committee 602(b) allocation: proud. He likewise was fair, patient, ommendation to the administration. I Defense discretionary ...... and is to be greatly commended. would hope the President and the Sec- Nondefense discretionary ...... ¥18 ¥0 retary of Transportation would use Violent crime reduction trust fund ...... Mr. DOMENICI is one of the brightest Mandatory ...... their own judgment and spend these minds in this Senate. That was evi- funds in a fair, rational manner based Total allocation ...... ¥18 ¥0 denced in the way he conducted himself on national priorities. Note.—Details may not add to totals due to rounding. Totals adjusted for during the markup and management of In past years the Transportation ap- consistency with current scorekeeping conventions. the bill in the committee and on the propriations bill has been riddled with TASMAN LIGHT RAIL CORRIDOR, SANTA CLARA floor. earmarks and pork. I am pleased that COUNTY, CA. And our own minority leader dem- this year’s bill contains substantially ∑ Mrs. BOXER. Mr. President, I would onstrated great understanding and fewer earmarks. To be certain, it does like to ask the distinguished chairman reached out to all of the members of contain earmarks and some pork that I of the Appropriations Committee if he the minority, as he always does, and, would like to have seen been dropped. would engage in a brief colloquy with in my judgment, did a masterful job in But on the whole, the bill deserves our myself and my colleague from Cali- his work on behalf of the minority and praise and support. fornia, Senator FEINSTEIN, regarding a on behalf of the people that we rep- Mr. DOMENICI. Mr. President, I rise critical San Francisco Bay area trans- resent. in support of the conference report to portation project. the Department of Transportation and Mr. President, I yield the floor and Mr. HATFIELD. I would be pleased to Related Agencies appropriations bill suggest the absence of a quorum. address this issue with the Senators for fiscal year 1996. from California. The PRESIDING OFFICER. The I commend both the distinguished Mrs. BOXER. Thank you, Mr. Chair- clerk will call the roll. chairman of the Appropriations Com- man. The Tasman corridor light rail The assistant legislative clerk pro- mittee, Chairman HATFIELD, and the project is an integral piece of the local ceeded to call the roll. chairman of the House Appropriations rail agreement fashioned by our re- Subcommittee on Transportation, Con- gional metropolitan planning organiza- Mr. BYRD. Mr. President, I ask unan- gressman WOLF, for bringing us a bal- tion, the Metropolitan Transportation imous consent that the order for the anced bill considering current budget Commission [MTC]. All of the bay area quorum call be rescinded. constraints. jurisdictions are a party to this agree- The PRESIDING OFFICER. Without The conference report provides $12.7 ment which represents the best in local objection, it is so ordered. billion in budget authority and $11.9 planning and decisionmaking. When

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16360 CONGRESSIONAL RECORD — SENATE October 31, 1995 certain that the plan for the Tasman Department has in meeting these fund- the California Supreme Court on Sep- west extension is financially sound and ing reductions is an across-the-board tember 28, invalidated our so-called continues to enjoy the broad-based sup- reduction in the level of air service of Measure A, a half-cent sales tax dedi- port it has in the past.∑ EAS communities. cated to many important highway, FERRY BOATS AND FISHERIES This language ties the hands of the commuter rail and transit construction ∑ Mr. STEVENS. Mr. President, I Department of Transportation. The projects, the planned-for local match would like to take a moment to ad- statement of managers language is for the Tasman project appeared to be dress a section of the Transportation being interpreted to be the only solu- lost. Due to the perseverance of all in- appropriations bill that speaks to Fed- volved, in the few short weeks since tion available in meeting the reduction eral aid to highways. Specifically, I in funding. that ruling the Tasman corridor plan wish to point out that the Senate in- has been revised to reflect the new fis- cluded $17 million for ferry boats and Mr. President, the purpose of the es- cal realities. It has been proposed that facilities. sential air service program is to pro- only the west extension to Mountain My State of Alaska has critical needs vide air service to rural, isolated com- View be built at this time. The 7.5-mile for a functioning transportation infra- munities. In my home State of Mon- line will cost $125 million less than the structure. In the southeastern part of tana, our seven EAS communities are original project, and only 50 percent of the State this is accomplished with fer- isolated. They are over 600 miles from its funding will be derived from Fed- rys and aviation. As many Members a medium or large hub airport. A re- eral section 3 new start funds. Of the know, this part of Alaska has numer- duction in air service to these commu- $122 million in proposed new starts ous isolated islands, and road systems nities would be a real economic blow funding, some $33 million has already that are only local in nature. The ex- and would further isolate these folks. been appropriated and dedicated to the tremely mountainous coastline pro- I would ask my friend, the chairman Tasman project by the MTC. The re- hibits the Alaskan southeastern towns, of the Appropriations Committee, if mainder of the funding will come from including the State Capitol of Juneau, the intent of the conferees was to give identified State, local and flexible Fed- from connecting to any other road sys- the Secretary the discretion to deter- eral funding sources authorized under tem in North America. When the mine the type of program that should the Intermodal Surface Transportation weather is bad, which is quite often in exist with $22.6 million in funding—and and Efficiency Act [ISTEA]. This re- this part of the world, aviation is of the intent was not to place one option vised plan has the unanimous support limited assistance. above another? There may be other of Santa Clara County’s Transit Agen- Scheduled ferry service is of immeas- ways to reach this funding level with- cy Board, and I expect shortly will be urable assistance to the remote south- out an across-the-board reduction in approved by the MTC and later in- east towns. If available, a share of the the level of service and the Secretary cluded in the California Transportation $17 million would be directed to en- should have the ability to make deci- Commission’s revised State Transpor- hancing the ferry system between the sions that would maintain the integ- tation Improvement Program. towns of Craig, Whale Pass, Blind rity of the EAS program in the future. I would like to ask the distinguished Slough, and Wrangell. chairman whether in view of these Mr. HATFIELD. Mr. President, I I ask the Appropriations Committee positive developments, and in def- would say to my friend, that the intent chairman, Senator HATFIELD, if it is erence to the local and regional plan- of the conferees was to continue to his understanding that Alaska is a ning process which has served us so maintain the current eligibility cri- State that can avail itself of a share of well, he would agree to the following: teria for the essential air service pro- these ferry boats and facilities funds? that if the revised Tasman project se- gram. However, the decision on how Mr. HATFIELD. The Senator from cures all requisite Federal, State, and the program should be structured with Alaska is correct. Alaska may apply regional approvals in a timely fashion, a reduced funding level should be left for a share of the $17 million dedicated the $33 million in unobligated balances to the discretion of the Secretary. to ferry boats and facilities.∑ referenced in the conference report Mr. BAUCUS. Mr. President, I thank ESSENTIAL AIR SERVICE may be provided by the MTC for the my friend. The Senator from Oregon ∑ Mr. BAUCUS. Mr. President, the con- commencement of construction on the understands the important rule that ference report we are considering today Tasman west extension. reliable air service plays in States like makes dramatic cuts in the essential Mr. HATFIELD. Yes, that is my un- Montana and I appreciate his efforts to air service program. In fact, the pro- derstanding. preserve this program. Mrs. BOXER. I thank the Chairman gram will see an almost 30 percent cut for his understanding and thoughtful in funding this year—from over $30 mil- At a time when life in rural America response. At this time I would yield to lion last year to $22.6 million this year. is becoming increasingly difficult, reli- my distinguished colleague from Cali- The statutory language of the con- able air service is a vital link in our fornia, Senator FEINSTEIN, for addi- ference report maintains the eligibility transportation network. The essential tional comments. of EAS communities nationwide—the air service program is just that—it is Mrs. FEINSTEIN. I applaud the ef- same number of communities that are essential and its integrity should be forts of many in the bay area who eligible today will remain eligible next maintained. moved quickly after the court’s ruling year. I thank my friend again.∑ to make the necessary modifications to Therefore, we have a situation where the proposed Tasman corridor exten- the same number of communities are Mr. MOYNIHAN. Mr. President, I am sion. This project is even more cost ef- eligible for EAS funding, yet far fewer pleased to note that the conference re- fective and compelling today and re- dollars are available for the program. port for the Department of Transpor- flects creative land use planning and Mr. President, while I remain very tation appropriations bill includes an promising joint development opportu- concerned with the funding reduction appropriation of $20 million for capital nities. The bay area congressional dele- for the EAS program, I am more con- improvements associated with safety- gation has rallied around this impor- cerned with language included in the related emergency repairs to Pennsyl- tant project. A similar colloquy oc- statement of manager’s report. vania Station in New York City and its curred in the House with Transpor- Language included in the statement associated service building. tation Appropriations Subcommittee of manager’s report makes it clear that Pennsylvania Station is the busiest Chairman FRANK WOLF. Our efforts all communities eligible for EAS fund- intermodal station in the Nation, with here today represent an important re- ing in fiscal year 1995 remain eligible almost 40 percent of Amtrak’s pas- affirmation of the value of local and re- in fiscal year 1996. However, the lan- sengers nationwide passing through gional planning and decision making, a guage continues on to say that the De- every day. Unfortunately, it is also the focus consistent with the goals of partment ‘‘may be required to make most decrepit of the Northeast corridor ISTEA and more likely to ensure time- prorata reductions in the subsidy or stations, others of which, such as ly and cost-effective project comple- daily/weekly service levels’’ in order to Washington, DC’s own Union Station, tion. I look forward to working with meet the reduced funding level. In have been renovated with Federal you, Chairman HATFIELD, in making other words, the only discretion the grants. Today, Pennsylvania Station

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16361 handles almost 500,000 riders a day in a The FAA asserts that these exemp- agencies have been able to work within subterranean complex that demands tions are necessary because personnel the rules to replace antiquated vacuum improvement. According to the New and procurement laws have stood in tube computers and radars. York City Fire Commissioner, there the way of modernizing the FAA’s Air I am working to accomplish reforms have been nine major fires at the sta- Traffic Control System. The FAA’s to the Federal procurement system. tion since 1987. Luckily, these fires failure to modernize the system, how- This year I introduced The Information have occurred at off-hours; as it stands, ever, is not rooted in the Federal pro- Technology Management Reform Act the station could not cope with an curement and personnel systems. In- of 1995 which was approved as an emergency when it is crowded with the stead, it is a symptom of a widespread amendment to the fiscal year 1996 De- 42,000 souls who pass through every and serious management deficiency fense authorization bill. The amend- workday between 8 and 9 a.m. In addi- which permeates the FAA. Numerous ment includes significant changes to tion, structural steel in the station has GAO reports and DOT Inspector Gen- existing procurement regulations and shown its age and needs immediate re- eral reports over the last 5 years have procedures which would help agencies pair. And these are just the most press- outlined the problems the FAA has had such as the FAA buy technology by ing needs. in modernizing its air traffic control providing relief from cumbersome re- There is a redevelopment plan to system. These reports have consist- quirements while ensuring a reasonable change things for the better, a $315 mil- ently cited poor management, not the and responsible approach. lion project to renovate the existing procurement or personnel systems, as Among other provisions, the amend- Pennsylvania Station and extend it the primary cause of FAA’s failures. ment repeals the Brooks Act, author- partially into the neighboring historic I understand and share the frustra- izes commercial-like buying proce- James A. Farley Post Office, almost tion with the lack of progress at the dures, and emphasizes the results of doubling the emergency access to the FAA. The air traffic control system de- the procurement process rather than station’s platforms which lie far below signed to keep our skies safe is crum- the process itself while holding agen- street level beneath both buildings. bling, and each failure of the system cies like the FAA accountable for their Moreover, there is a financing plan in leads to a chorus of calls for action. results. The Senate is now confer- place that could do this with $100 mil- Regrettably, however, out of frustra- encing this amendment with the House lion from the Federal Government— tion at the FAA’s inability to succeed proposed procurement reform bill put with this bill, $51.5 million has already in modernizing our air traffic control forward by Representatives CLINGER been appropriated—$100 million from system, Congress is about to grant a and SPENCE. The House has proposed the State and city, and $115 million special dispensation to an agency that serious reform in the area of stream- from a combination of historic tax has not earned it and is ill-prepared to lining the procurement process, con- credits, bonds supported by revenue accept the responsibilities that such an ducting efficient competitions and from the project’s retail component, exemption will require. If the FAA was making it easier to buy commercial and building shell improvements by the better at managing than denying there products. I believe we will be successful Postal Service, owner of the James A. is a problem, defending its poor per- in getting these proposals enacted into Farley Building. On August 31, 1995, formance, and deflecting criticism law and these reforms will give FAA Governor Pataki of New York char- away from the agency, we would have the flexibility to effectively buy the tered the Pennsylvania Station Rede- replaced our air traffic control system technology it needs. velopment Corp. to oversee the project, years ago and would not have 1950’s and These reforms, however, will not following the signing of a memo- 1960’s technology guiding our Nation’s guarantee success. We can legislate the randum of agreement by himself, air traffic. framework for effective management Mayor Giuliani of New York City, I have been working over the past 3 to take place, but we cannot legislate Transportation Secretary Federico years to enable Federal agencies such good management. While we need to Pen´ a, and Amtrak President Thomas reform the way the Government buys M. Downs. as the FAA to more effectively incor- Thanks to our colleagues on the porate advanced computer technology computers, the FAA’s failure to mod- Committee on Appropriations, $20 mil- into its operations. Last year, I issued ernize the air traffic control system is lion can now be used immediately for a report that documented how the Fed- not derived from legislated procure- pressing safety repairs at the existing eral procurement process contributes ment and personnel requirements. It is station and its associated service build- to the Government buying outdated the lack of adequate planning and a ing, in the first step of the overall rede- technology but also how poor FAA constantly changing road map of where velopment effort. These Federal funds management led to the disaster of the the FAA is going that has impeded go toward construction, and they will present air traffic control system. Spe- completion of the modernization effort. count toward the Federal share of the cifically, FAA has failed in its mod- This is caused by managers not know- $315 million project to transform the ernization efforts, wasted billions of ing what they want and continually station into a complex capable of safe- taxpayer dollars and still has not been changing program requirements which ly handling the crowds that have made able to update its computer systems drives up the cost to the taxpayer. Pennsylvania Station the Nation’s since the mid-1960’s due to consistently The problem is that no one, including busiest intermodal facility. poor management. Meanwhile, the Na- Congress, has ever held FAA’s man- For myself and the 75 million other tion’s air traffic control system is agers accountable for their failures. people a year who use the station, I wearing out. To keep the system run- Management problems at FAA will not would like to thank all those who have ning, the FAA must search Radio be solved by the exemptions contained labored hard to make the station safer, Shack for spare parts and buy vacuum in the appropriations bill. To the con- in particular our colleagues Senator tubes from Third World manufacturers trary, I believe the exemptions will re- HATFIELD, Senator BYRD, and Senator because no one in the United States sult in more cost and less results. The LAUTENBERG. makes them anymore. exemptions do nothing to deal with the Mr. COHEN. Mr. President, I want to While it takes the Federal Govern- fundamental problem of poor manage- register my opposition to the provi- ment an average of 4 years compared to ment at the FAA. sions of the Transportation appropria- 1 year in the private sector to buy new The proposed exemptions, in addition tions conference report that exempt technology, 30-year-old FAA computers to lacking merit, also set a dangerous the Federal Aviation Administration are failing with increasing frequency in precedent. Having seen the FAA’s suc- [FAA] from Government-wide procure- Chicago, Dallas, New York and else- cess in avoiding accountability and ob- ment and personnel rules. These provi- where across the country. While the taining special treatment, other agen- sions were included by the Appropria- Government’s antiquated procurement cies may seek similar legislative ex- tions Committee in the Senate passed rules definitely slow down the process emptions. If Congress acquiesces to bill at the recommendation of the FAA and may add years to computer buys, these piecemeal approaches, the Fed- and will take effect on April 1, 1996, un- the rules do not explain why the FAA eral Government will be plagued by less the Congress enacts preemptive has not modernized its systems in dec- conflicting and contradictory procure- FAA reform legislation before then. ades or explain how scores of other ment laws and personnel systems

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16362 CONGRESSIONAL RECORD — SENATE October 31, 1995 which will make it harder—not easier— SECRETARY OF TRANSPORTATION, of deregulation and the tremendous to do business with the Government. Washington, DC. benefits that the free market has Industry will have to learn literally Hon. BYRON DORGAN, brought in the form of more choices U.S. Senate, Washington, DC. hundreds of procurement systems. The DEAR SENATOR DORGAN: I am writing this and lower air fares. They are right— rational approach is to have one pro- letter in order to endorse the study of air but only half right. The fact is that the curement system in the Government fares and service at small communities that benefits of deregulation are only the that addresses the problems which may you recently proposed. Since many changes rosy part of the picture. The story not be perceived to be unique to FAA, but have taken place within the airline industry being told enough is the negative ef- are common in every agency. since deregulation and some of these have af- fects deregulation has had on smaller, fected small communities, I fully agree that This conference report undermines a study of fares and service at small commu- rural communities. ongoing efforts to enact Government- nities would be beneficial. I am aware that I offered this amendment because it wide procurement reform, as well as re- the General Accounting Office is currently seems that it is very important that wards inept management at the FAA conducting a similar study of small commu- nity issues. However, I believe the studies the Department of Transportation with exemptions from oversight rules are somewhat different in their focus and I, begin focusing on the impact that de- when they are most needed. If the con- therefore, endorse your study. regulation has had on air service in ference report is adopted, as I expect it Your recommended approach to the study rural areas. I am fully aware that the will be, I urge the administration and would compare and evaluate actual air fares General Accounting Office [GAO] is FAA to use the new discretion author- and fares adjusted for distance for service be- currently conducting a similar study. I tween nonhub airports and large hub air- ized by the bill wisely and I urge my support that but I also believe that we colleagues to hold FAA accountable for ports with fares for service between large hub airports. The study also would analyze cannot be satisfied with just having its progress in modernizing the Na- service at nonhub airports with respect to the GAO examining this issue. tion’s air traffic control system. By ab- the operations of regional and major air- The amendment I offered and the solving the FAA of its responsibility lines, the types of equipment used, and the for past failures, Congress must now levels of competition among commercial car- Senate adopted would have laid out provide greater oversight of what FAA riers. specific areas for the Department to does with its new powers. In order to get a statistically valid com- study, including comparison of air parison, it may be necessary to conduct a fares in hub markets where there is a The new authority under this bill survey of regional carriers to get a more concentration of service with fares at will not go into effect if Congress en- valid data set, which may require additional competitive hub markets. In addition, time to conduct a thorough study. We will acts FAA reform legislation by April 1 this study would have conducted, for of next year. When the Commerce Com- also endeavor to study the overall fares paid at small communities compared to fares paid the first time I believe, an analysis on mittee marks up its own bill to meet at hub airports. the level of service that rural areas are this deadline, I urge the committee I look forward to working with you and receiving and document which rural members to look at what the Congress your staff on this project. If we may be of markets have had jet service replaced and the administration are doing to further assistance, please contact me or Ste- with turbo prop service. streamline the procurement process. ven Palmer, Assistant Secretary for Govern- They will then see that we are fixing mental Affairs, at (202) 366–4573. Now this provision was mysteriously the procurement system on a Gov- Sincerely, dropped, despite the fact that the De- FEDERICO PEN˜ A. ernment-wide basis, and they can then partment supported it and that it was focus on the real issue of managerial Mr. DORGAN. It seems to me that we cosponsored by a bipartisan group of reform at FAA. For it is only through need to make some changes in aviation Senators—including the majority lead- more effective management that the policy in this country and stop ignor- er. It makes no sense that this provi- FAA will be able to efficiently and ef- ing the fact that rural regions are suf- sion was dropped. fering a serious decline in air service. fectively modernize the air traffic con- This is one of the primary reasons trol system and confront the other The airline industry has undergone many changes since deregulation in the why I am voting against this bill. I challenges to aviation safety in the strongly believe that this amendment 21st century. early 1980’s. The invisible hand of com- petition replaced the assuring hand of should have been included in the con- Mr. DORGAN. Mr. President, I want- government in the aviation market- ference report and no reasonable expla- ed to draw attention to something that place. As a result, some areas of the nation has been provided as to why it is mysteriously missing from the con- country have seen lower prices and was dropped. ference report on the Transportation more choices in service. In other parts I also oppose this conference report appropriations bill. The provision I am of the country, namely in rural areas, because of the significant cuts to crit- concerned about does not involve we have seen dramatic losses in air ical rural programs. spending more or less money. Rather, I service and higher prices. am concerned about a provision that I realize that the General Accounting ESSENTIAL AIR SERVICE [EAS] REDUCTIONS called for an important study to be Office has studied the impact that de- The report cuts EAS by about $11 done by the Department of Transpor- regulation has had on air fares in pre- million from last year’s level of $33 tation on the question of air fares and vious years. However, my sense is that million. I think that these cuts are whether or not rural areas are paying air service is changing rapidly and it more and getting less service. going to hurt and that a permanent seems to me that more examination of funding mechanism needs to be found When the Senate considered this bill, air fares, especially for small rural for the EAS program. However, before an amendment I offered was adopted communities, is needed. a permanent solution can be developed, without any objections. That amend- A November 1990 report on ‘‘Deregu- it makes no sense to cut this program ment, which was cosponsored by Sen- lation and Trends in Airfares at Small to this degree. The EAS program is ators DOLE, SNOWE, and CONRAD would and Medium-Sized Communities,’’ making the difference between air found that overall, average fares per have required the Department of service and no air service in many passenger mile were more than 9 per- Transportation to conduct a study on rural communities. Cuts of this mag- cent lower in 1988 than in 1979 at small air fares. There was no opposition ex- nitude will certainly be felt. pressed in the Senate and the Depart- and medium-sized airports and about 5 ment itself supported the study. percent lower at airports serving large I do not believe that cutting the EAS communities. program is justifiable in light of the es- Mr. President, I ask unanimous con- It seems to me that the Department sential role this program plays in pro- sent that a letter I received from of Transportation should be paying viding air service to rural America. De- Transportation Secretary Fredrico some more attention to the problems regulation has benefited some highly ˜ Pena supporting this provision be of rural America when it comes to air traveled areas of the country and rural printed in the RECORD. service. Most experts in town and at areas have suffered. The EAS program There being no objection, the letter the Department of Transportation have was designed to protect rural areas and was ordered to be printed in the pledged allegiance to the god of deregu- this bill strikes a critical blow at this RECORD, as follows: lation. They espouse the great virtues important program.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16363 LOCAL RAIL FREIGHT ASSISTANCE PROGRAM The report provides for $42 million replace a bus facility destroyed by the RESTORED for the Federal Transit Administration Loma Prieta earthquake and provide The Senate defeated an amendment (FTA does have some rural programs consolidated services in Santa Cruz; offered by Senator PRESSLER to restore but urban areas primarily benefit from $1.2 million for park and ride facilities funding for the Local Rail Freight As- mass transit). In addition, the report on congested U.S. 101 in Sonoma Coun- sistance program [LRFA]. This pro- provides $85 million for transit plan- ty; $600,000 for a bus facility in Ventura gram provides support to restore rail ning and research. County; and $1.5 million to purchase links that are likely to be abandoned. Mr. President, this legislation re- buses for Yolo County. It has been a very important program flects the wrong priorities for this The conference agreement also pro- in my home state of North Dakota. country’s transportation needs and vides $5 million for the advanced tech- The LRFA program received $17 mil- that is why I am voting against this nology transit bus, under development lion last year, of which $6 million was legislation. by Northrop and the Los Angeles MTA. rescinded. Neither the House nor the Mrs. BOXER. Mr. President, I am Although the amount is less than the Senate bill provided funding for LRFA voting ‘‘aye’’ today on the conference President’s request, I appreciate the and the conference report does not pro- report on transportation appropria- continuing support for this project by vide any funding. Although I am tions for fiscal year 1996. But I must the Senate Appropriations Committee. pleased that the conference report in- say that it is not without disappoint- I am very concerned over a loss of ap- cluded an amendment that would au- ment that we have not fulfilled our re- proximately $100 million in transit sys- thorize the State of North Dakota to sponsibility to maintain and enhance tem funding. A great part of this loss is spend $2.3 million to restore a rail line the transportation infrastructure in attributable to the cuts in operating in Wahpeton, ND, I do not support the the United States. assistance in both Houses and to a dra- elimination of this important program. It is a status quo budget for the most matic cut in funding for the Los Ange- INTERSTATE COMMERCE COMMISSION PHASE-OUT part of my State of California, and that les Metropolitan Transportation The conference report provides for means we are continuing to fall behind Authority’s Red Line extension. $13.4 million for one quarter for the ICC our needs to repair our highways, tran- I share the Appropriations Commit- for salaries and expenses and assumes sit systems and airports. That failure tee’s concern over the management of that the ICC will be eliminated and also means that we cannot fulfill our this project. However, I believe the that legislation providing for the con- potential economic productivity. That MTA has grasped the gravity of these tinuation of statutory obligations is a loss for our Nation as well as my problems and has taken demonstrable under the jurisdiction of the ICC will State. steps to correct them. I am pleased the be enacted this year. The question as Nevertheless, in this extremely tight Senate committee members agreed to to what happens if the Congress fails to budget year the conference agreement our requests to increase the funding pass such legislation has not been an- does provide some needed assistance from $45 million for the project in the swered. The statutory obligations will for California. Senate bill to $85 million in the final remain but the agency that has the I am pleased to see that the conferees conference report. sole jurisdiction to enforce them will were able to increase funding for the I am, however, disappointed at the have no funding to enforce them. Federal Aviation Administration, par- cut in funding for the bay area rail ex- It makes no sense to me that funding ticularly in the areas of facilities and tension program. The final agreement for the ICC should be eliminated before equipment. The operations budget in of $10 million for the bay area rapid the Congress has provided for an effi- the conference agreement is higher transit district is well below the Sen- cient way to address the statutory ob- than the amount funded in either the ate level of $22.6 million. This cut was ligations that will continue to exist if Senate or House bills. California is the not justified considering the major the Commission is eliminated. site of several major air traffic control local match provided for rail extension AIRPORT IMPROVEMENT PROGRAM GRANTS installations and we must continue to in the region and the willingness of the The Report provides $1.45 billion in upgrade this critical equipment. I ap- district to reduce its airport extension the grants-in-aid for airports program preciate the conferees support for the project by $200 million this summer. [AIP] instead of the $1.6 billion pro- FAA’s operating budget for air traffic vided under the House bill and the $1.25 control operations and maintenance Finally, I regret that the conference billion under the Senate bill. I am very activities which enhance aviation safe- committee was unable to provide as- concerned that this level of funding ty and security. sistance for the Alameda Transpor- will not be adequate to maintain safe Highway funding has increased over- tation Corridor project to consolidate airports and our Nation’s transpor- all, but unfortunately it is still stag- rail and highway access to the ports of tation infrastructure is in danger of nant for California, the State that has Los Angeles and Long Beach, elimi- crumbling at these funding levels. contributed the most to the Highway nating more than 200 grade crossings. CONCLUSION Trust Fund for nearly 40 years. We have asked for appropriations seed Programs like EAS and LRFA are vi- The agreement includes significant money to enable the project to take ad- tally important to rural areas—in fact, funding for new buses and intermodal vantage of the Federal infrastructure they are exclusively rural transpor- transportation centers in California. bank already authorized under section tation programs. Both these programs These include $500,000 for the Sunline 1105 of the Intermodal Surface Trans- have been seriously cut and in the case Transit System, which has a remark- portation and Efficiency Act [ISTEA]. of LRFA, eliminated. able program promoting a total fleet of The Senate committee adopted a State At the same time, there is substan- natural gas buses; $1.5 million for need- infrastructure bank alternative instead tial support for transportation pro- ed bus replacement and parts for Long and then dropped the idea in con- grams designed to help urban areas, Beach Transit; $8 million to complete ference with the House. such as high speed rail and mass tran- the Gateway intermodal center in Los California has 15,000 miles of State sit. Examples include: Angeles; $5 million for the San Ysidro highways, 675 miles of rail transit, and $115 million for the northeast cor- Intermodal Center in San Diego to help 10,000 buses. California’s State Trans- ridor improvement program (instead of relieve worsening congestion at our portation Improvement Program faces the $100 million provided by the Senate international border; $6.7 million for a $5 billion shortfall, and an annual and $130 million provided by the new buses throughout the bay area, highway and road maintenance deficit House). plus $2.3 million for bay area para- of $800 millilon. We are in danger of $19.2 million for high speed rail stud- transit buses and other improvements losing what we have. There is a lot of ies, corridor planning, development, to help the disabled; $9.75 million for talk about how huge budget deficits and demonstration (instead of the $10 Foothills Transit in the San Gabriel leave a horrible inheritance for our million provided by the House and $20 Valley; $5.3 million for clean fuel buses, children, and I agree. However, a de- million provided by the Senate). These paratransit buses, and other improve- cayed and crumbling infrastructure is funds will be allocated to Chicago, De- ments for the growing San Joaquin no less horrible for our children to in- troit, St. Louis, and New York. Rapid Transit District; $1.5 million to herit.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16364 CONGRESSIONAL RECORD — SENATE October 31, 1995 The bill is still due. The infrastruc- all Federal programs were examined to shows good stewardship of the soil. ture deficit is increasing. But today we save money. The farm programs, then, Also, good stewardship of the soil only provide a partial payment. were no exception. Throughout the en- means better economic return; most Mr. BYRD. Mr. President, on behalf tire budget process, I have argued that importantly, a good resource for future of Mr. DOLE, the majority leader, I ask farmers are willing to share in the ef- generations is preserved. unanimous consent that the vote on fort to balance the budget because they In general, the sodbuster program the adoption of the transportation con- have a lot to gain if the budget is bal- has been received favorably by farmers, ference report occur at 2:15 p.m. today anced. However, I do feel that it is and the compliance rate has been very and that paragraph 4 of rule 12 be vital to rural America and family high. Again, I want to emphasize that. waived. farmers that any cut in farm programs That is what I hear on Saturdays when The PRESIDING OFFICER. Without be coupled with, on the first hand, tax I take grain to the local New Hartford objection, it is so ordered. reform, and on the second, a reduction cooperative grain elevator where I visit Mr. BYRD. Mr. President, I yield the in the regulatory burden placed on with my neighbors, but it is also some- floor, and I suggest the absence of a farmers. thing I hear in 99 counties around Iowa quorum. I want to emphasize, with regard to that I hold town meetings in each year. The PRESIDING OFFICER. The the legislation of 1985, the soil conser- clerk will call the roll. vancy provisions and the That is because in Iowa there has The assistant legislative clerk pro- antiswampbusting, antisodbusting pro- been a willingness to cooperate. There ceeded to call the roll. visions. When I talk about regulatory has also been some lever—if you want Mr. GRASSLEY. Madam President, I reform, I do not mean changing the to participate in a farm program, you ask unanimous consent that the order original intent of that legislation. I have to have good soil conservation for the quorum call be rescinded. simply mean in keeping the enforce- practices or you will not get the safety The PRESIDING OFFICER (Mrs. ment of that legislation to its original net of agriculture. Compliance has been very, very good because it is esti- HUTCHISON). Without objection, it is so intent. ordered. Put simply, then, Madam President, mated in my State that 95 percent or The Senator from Iowa is recognized. this bill will dramatically cut the red- better of farmers have compliance with Mr. GRASSLEY. I thank the Chair. tape and the regulations that farmers soil conservation plans. f have to deal with while continuing, These are plans that they have deter- then, to maintain the conservation mined will cut down on erosion on THE CONSERVATION TITLE gains that we have made since the pas- their own farm, and all they have to do Mr. GRASSLEY. Madam President, sage of the 1985 legislation. is get that plan approved and then it is my pleasure today to introduce a I want to emphasize, regardless of farm according to what they felt was a bill with the distinguished majority the rhetoric you may hear, this bill plan that would best fit their farming leader, Senator DOLE, the chairman of does not jeopardize in any way the en- operation. the Senate Agriculture Committee, vironment or the conservation gains This is not one-size-fits-all approach. Senator LUGAR, and the chairman of that farmers have made since 1985. If you got 98,000 different farming units the Agriculture Subcommittee on Con- These conservation gains have been in the State of Iowa, you would have servation, Senator CRAIG. This bill tremendous. 98,000 different individual plans. Quite amends the conservation title of the They have been made basically be- frankly, there is probably more than farm bill that will be considered later cause of a timeframe that farmers that. There must be, I guess. Anyway, in this Congress. could adjust economically to the re- there are that many individual farming Madam President, my experience quirements of the law and an oppor- operations. But you could have more with this legislation that has been on tunity to educate people about the than that number of plans. the books for the last 10 years has gen- process so that it could be self-enforc- Now, after 10 years of working with erally been very favorable. I say that ing. the program, it is obvious that im- as a farmer, and I say that as a person What this bill does, then, is give provements can be made to streamline who visits, as I have occasion to do farmers and the Department of Agri- the regulations and give more flexi- now, at harvest time with my neigh- culture additional tools and flexibility bility to both the farmer and the De- bors at the local New Hartford coopera- to meet these conservation objectives. partment of Agriculture. tive grain elevator in my State of Madam President, the bill addresses Iowa; I say that with 10 years of experi- four major areas within the conserva- Even more significantly, Madam ence of having hundreds of town meet- tion title. What is called a CRP pro- President, this bill attempts to put ings around my State, whereas, I do gram, the conservation reserve pro- Natural Resource Conservation Serv- not find much opposition to what we gram, the wetlands reserve provision, ice, which used to be known as Soil passed 10 years ago. the conservation compliance provisions Conservation Service from the 1920’s, So my legislation that we are intro- and swampbuster. until 2 years ago, it will put this seg- ducing is not finding fault in any way I want to briefly discuss those areas ment of the Department of Agriculture with the basic premise of the legisla- as it relates to the reforms that the back into the position of working with tion 10 years ago, but to make sure four of us—Senator DOLE, myself, Sen- farmers instead of working against that that legislation fits, with the ator LUGAR, and Senator CRAIG—pro- them. premise that existed 10 years ago, the pose. Let me digress for a minute to ex- intent of Congress at that particular Madam President, since the 1985 farm plain that this situation now is kind of time; and also at a time when we are in bill, farmers participating in the farm contentious between the farmers and the process of cutting back Govern- program have been required to comply Soil Conservation Service. It used to be ment support for agriculture, as we in- with two regulatory mandates regard- you go into the Office of the Soil Con- tend to balance the budget. ing conservation. The program referred servation Service. You would sit down Last week, as you remember, the to as the swampbuster program pro- across from the desk of these State and Senate approved the reconciliation hibits farmers from converting wet- Federal employees, and you go in and bill, and that will bring the Federal lands for crop production. No argument say to them, ‘‘Joe, I have a problem budget into balance by the year 2002. with that. here on my farm. I have this tremen- And we do not wait until 2002 to start The program referred to as the sod- dous amount of erosion here. What can that. We started that last fiscal year buster prohibits farmers from pro- I do about it?’’ Joe, being an expert when, earlier this calendar year, we ducing a crop on highly erodible land trained in soil conservation would say passed the rescissions bill. unless they comply with an approved to CHUCK GRASSLEY, ‘‘Well, I think this Now, in order to achieve the savings conservation plan. It does not mean is what you need to do. You can do it necessary to balance the budget, many you cannot operate your farm the way this way, that is less expensive and difficult decisions had to be made, you want to, but it does mean that if might be able to accomplish the goal, many difficult votes had to be cast, and you do it you will do it in a way that or you can put in terraces, much more

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16365 expensive, but you will be able to ac- bureaucrats have tried to do with it, lation and administrative edict beyond complish this. Or there are certain till- probably in just the last 3 or 4 years. what the original 1985 law intended. So age practices you can do that might ac- While farmers share the goal of pro- I want to say to those who criticize our complish the same goal.’’ tecting valuable wetlands, the scope of motives that we agree that the protec- Probably Joe would come out to your swampbuster has been extended far be- tion of wetlands should be a priority farm another day and would put flags yond its original intent through the and it should be encouraged. But rea- out in the field saying this is where rulemaking process to the detriment of sonable people can differ on the means what farmers have wanted to do, shar- you have to put contour strips, or this of accomplishing this goal. When the ing this goal. A study of the legislative is where you have to put terraces. Government is attempting to regulate history shows that Congress never in- It was seen very much as a coopera- private property it is vital that the tive, working relationship as you tended to regulate land that had been landowner have the proper incentives would sit across the desk from Joe at cropped regularly in the past. in order to voluntarily satisfy the pol- the county seat Soil Conservation Just think, on a century farm—which icy goals. So this bill provides for sev- Service. means it has been in the same family eral tools that can be used by farmers Today, farmers do not want to go in for over 100 years—until a couple of to the Soil Conservation Service and years ago you could have not had any to voluntarily protect wetlands. sit down across from Joe because they problems, if that land had been regu- If you do not think that this works, might bring up something that triggers larly producing, or attempting to voluntarily protecting wetlands, there to Joe, who is now a regulator rather produce for a farmer. But now you can has been a massive amount of agricul- than a consultant and a friend, that have problems. There is another prob- tural land at the incentive of the farm- lem. That land that had been converted maybe CHUCK GRASSLEY did something er to put it into wetlands, that have prior to the passage of the 1985 act was that violated the law and he can be come in under this voluntary program. never intended to be regulated. Both of punished for it. Tens of thousands of acres have gone So we want to get this relationship these principles have been eroded through regulation and agency action, into wetlands because the farmers have reestablished as a cooperative relation- wanted to put it there. ship, a friendly relationship where this not through the basic legislation. This person is going to be a consoler and a bill restores the original intent of Con- So this bill, first, expands the exist- help to the farmer rather than some- gress. The bill removes from ing mitigation provisions and encour- body who is seen as an enemy. swampbuster regulation land that has ages farmers to restore, enhance and I just described to you how farmers been cropped at least 6 out of the last create new wetlands. Second, the bill in my State and most States work very 10 years. directs the Secretary of Agriculture to closely with the Soil Conservation The bill also eliminates the concept pursue mitigation banking, so that of abandonment—a regulatory concept, Service for six decades—60 years. Much farmers will finally be on the same not a statutory one—that has been of the progress made in conservation playing field as other landowners. Both used by the Department to bring prior on farmland is due to that good work- of these mitigation provisions ensure ing relationship between the farmer converted lands back under swampbuster regulation. In other that new wetlands will continue to be and the Department of Agriculture. It created. was a relationship based on trust and words, we pass the bill, it takes effect cooperation. on December 28, 1985, and everything Last, the bill permits up to 1.5 mil- that happened before then was history. Unfortunately, as I indicated, in the lion acres of cropped wetlands into the But not to regulators. They will use last few years, the farmers have begun Conservation Reserve Program, that is some devious means to get back to af- to look at people that are now named the CRP. So this a strong incentive for fect something that took place prior to the National Resource Conservation farmers to continue to protect valuable that magic date. Service—not the Soil Conservation wetlands. This provision, along with So, this bill sets a 1-acre minimum Service—as a potential adversary. the reauthorization of the Wetlands for wetland regulation. And most of Some farmers are reluctant to call on Reserve Program, is indicative of this the conflict here, that has happened be- the NRCS for assistance due to the fear bill’s commitment and its sponsors’— tween the farmers and the NRCS, has of being penalized for a possible viola- OLE, CRAIG, GRASSLEY, LUGAR—to occurred because the Government has D tion. literally attempted to regulate every protecting wetlands on private prop- On the other hand, the NRCS has had acre of farmland under the farm pro- erty. its hands tied to some extent, both by gram. This 1-acre minimum also cor- This bill also focuses on a renewed Congress and its own regulations. So responds with the Army Corps of Engi- commitment to water quality protec- we have contributed some to this prob- neers’ general permit for non- tion. The conservation reserve provi- lem that exists of this relationship of agricultural property. where neighbor could be helping neigh- sions of the bill establish water quality Just explain to me how we, as a Con- as a coequal criterion with soil erosion bor. gress, making law so that the law ap- So, Madam President, this situation for determining eligible lands. Further- plies equally across the country to dif- more, at least 1.5 million acres of filter cannot continue to exist. It is not good ferent segments of the economy in the for the farmer. It is not good for the strips, grass waterways and other ri- same way, can have the Army Corps of parian areas will be enrolled in the pro- NRCS. Most importantly, it is not good Engineers in nonagricultural land, gram. for the environment. with something less than 1 acre not There must be a renewal of a partner- being regulated and probably not pro- These modifications to the CRP will ship between the farmer and the NRCS ducing any food for the city slickers of allow farmers to play an active role in if we expect the gains in conservation this country, and go over here to agri- protecting water quality in the rural on private property to continue. cultural land administered by a dif- areas. The NRCS must work with farmers ferent agency and say 1 square foot of So, before closing, I want to just add to assist them, to educate them, in- wetland can be regulated. that all of us share the goal of con- stead of just regulating farmers. I sin- We, again, go back to the intent of serving soil, improving water quality, cerely believe, Madam President, that Congress not to be nitpicking in 1985. the NRCS wants to play this role as a This 1-acre minimum, in conformance enhancing wildlife, and protecting wet- farmer’s helper and this legislation with the way it is for the Army Corps lands. In fact, the farmers themselves shows that we want to help them do of Engineers, ought to solve our prob- have the highest stake in conserving that. lem. It will be perfectly consistent. the land because there is better eco- Madam President, now I want to turn Madam President, even though the nomic return, there is a responsibility to the swampbuster provisions—the bill is intended to restore the original to be a steward for the next generation, issues of wetland protection. intent of Congress on swampbusters, and besides, it is a very pretty picture, It has become a very emotional issue some in the environmental community to have good farmland with good con- in my State. Not because the original may criticize these provisions because servation practices. It is just beautiful, legislation in 1985 was wrong, it is what they want this expansion through regu- from an aesthetic standpoint.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16366 CONGRESSIONAL RECORD — SENATE October 31, 1995 But the land is our livelihood and The PRESIDING OFFICER. Without forced labor, and apparently too many most of us farmers know that we want objection, it is so ordered. others murdered, slaughtered, espe- to pass the land on to our children and Mr. LIEBERMAN. I thank the Chair. cially in the Sanski Most and Bosanski our grandchildren. f Novi areas around Banja Luka. Sometimes public servants here in Assistant Secretary Shattuck met in Washington who are elected, and bu- THE UNITED STATES ROLE IN Belgrade with President Milosevic and reaucrats who were unelected, forget BRINGING PEACE AND JUSTICE demanded immediate and uncondi- that the farmers want to do the right TO THE FORMER YUGOSLAVIA tional access to all missing persons and thing and that right thing is to protect Mr. LIEBERMAN. Madam President, to areas where crimes have or may the environment. The unelected bu- I rise this morning to comment on de- have been committed. reaucrats also forget that we are deal- velopments in the former Yugoslavia. ing with private property and that pri- I particularly want to comment on a He also discussed the situation of ref- vate property rights are truly the foun- resolution, House Resolution 247, which ugees from the Krajina. Several thou- dation on which freedoms are built— was adopted last night in the other sand Croatian citizens of Serb back- political freedoms, primarily. body. ground want to return to their homes So there must be a balance between there. Shattuck found indicators of a Madam President, I say respectfully the regulatory limits placed on farmers human rights situation which is nearly that there are two parts to this resolu- and their private property rights. I be- out of control with people of all ethnic tion. The first I disagree with. The sec- lieve this bill strikes this delicate bal- backgrounds being dislocated, per- ond I think is unnecessary. ance in a way that will continue to pre- secuted and murdered, not for what I rise to make the point that as the serve this Nation’s most valuable nat- they have done but simply for who representatives, the Presidents of the ural resources, our farmlands. they are. three major parties to the war in Bos- Before yielding the floor, I thank nia, Bosnians, Croatians, Serbians— We cannot let the frequency, the reg- Senator DOLE, Senator CRAIG, and Sen- gather in Dayton, OH, to begin the ef- ularity of these reports of systematic ator LUGAR for working on this bill fort that many thought was impos- campaigns of rape and terror numb us with me. sible—to negotiate a peace treaty in to these atrocities. We must express I yield the floor. the Balkans—that it is appropriate for our outrage as we did when we first The PRESIDING OFFICER. The Sen- us to step back. It is a time not to pass heard these reports years ago. We must ator from Idaho is recognized. resolutions, in my opinion. It is a time recommit ourselves to bringing the Mr. CRAIG. Madam President, let me to ask questions that are appropriate genocide, the torture, the rape, the first of all associate myself with the re- about the course of the negotiations. slaughter to an end and to bring those marks of the Senator from Iowa in the But it is primarily a time to give the responsible for this barbarity to jus- introduction of the legislation that he negotiators some room to see if they tice. has just, in a very thoughtful and im- can achieve an agreement that will portant way, gone through for the Last week, I was privileged to join bring peace to the former Yugoslavia. RECORD and for the American people. with the distinguished occupant of the I think the Senator from Iowa said Madam President, I rise to explain chair, Senator HUTCHISON, of Texas, something very important a few mo- why I am troubled by this resolution, and our colleagues Senators MCCAIN, ments ago that is oftentimes missed. and what I hope will be the course of LEVIN, THURMOND, and others, in offer- He is a farmer. I am a former farmer congressional action here. Let me ing a resolution expressing the sense of and rancher. begin with recent events. the Senate on this human rights, this And he, I, Senator DOLE, and Senator The people of the former Yugoslavia life and death crisis. The resolution LUGAR, who also have farm heritage have suffered almost unimaginable was unanimously adopted as an amend- and background owning farmland, rec- horrors for the last several years. ment to the budget reconciliation bill ognize the phenomenal valuable asset Every day seems to bring new reports last Friday. of genocidal acts in Bosnia. this land is to the American people. Let me go to the words of that reso- In the past week alone we have seen Farmers have been foremost, along lution because we spoke clearly and disclosures which are chilling, that with ranchers, environmentalists and unanimously to ‘‘condemn the system- confirm our worst suspicions about the conservationists. atic human rights abuses against the fate of so many people who lived in the The legislation we have introduced people of Bosnia and Herzegovina.’’ today speaks to those interests in rec- alleged safe haven of Srebrenica, who ognizing the important balance be- were driven from their homes and now, We spoke unanimously to demand tween conserving the land, protecting according to eyewitness testimony, that the Bosnian Serb leadership water quality, ensuring the environ- were slaughtered by Serb forces; ac- ‘‘should immediately halt these atroc- ment, and allowing a productive envi- cording to some accounts, in the pres- ities, fully account for the missing, and ronment also for the purposes of being ence of, perhaps at the direction of, allow those who have been separated to able to farm in a profitable manner. General Mladic, the commander of the return to their families.’’ I think this legislation does it, and it Bosnian Serb forces already indicted by These are words that describe a situ- allows the farmer once again to take the international war crimes tribunal. ation that we can only imagine. It is the initiative with USDA and its affil- New reports highlight ethnic cleans- hard for us to put ourselves into. But iate agencies as those who cooperate ing and genocide by the Serbs in the men and boys separated from mothers instead of regulators, as the Senator so area of Banja Luka which continues and daughters. Where are they going? clearly spoke of. even now although these reports are What will become of them? We now The PRESIDING OFFICER. The Sen- sketchy because the international find, certainly in Srebrenica, that what ator from Idaho is recognized. media has been denied access to these became of them was that they were Mr. CRAIG. I thank the Chair. locations. slaughtered and buried in mass graves. (The remarks of Mr. CRAIG pertaining Madam President, last week Assist- Again last week in the resolution to the introduction of S. 1368 are lo- ant Secretary of State for Human promulgated by the occupant of the cated in today’s RECORD under ‘‘State- Rights John Shattuck was in Bosnia chair, Senator HUTCHISON, we spoke ments on Introduced Bills and Joint and Croatia to investigate the reports unanimously to assert that ‘‘‘ethnic Resolutions.’’) that have come out of the region. He cleansing’ by any faction, group, leader Mr. LIEBERMAN addressed the found that prison camps such as or government is unjustified, immoral Chair. Keraterm—the site several years ago of The PRESIDING OFFICER. The Sen- outrageous human rights violations— and illegal and all perpetrators of war ator from Connecticut is recognized. have been reopened. A cease-fire is de- crimes, crimes against humanity, geno- Mr. LIEBERMAN. I thank the Chair. clared but a prison camp is reopened, cide and other human rights violations Madam President, I ask unanimous the site of torture has been reopened. in former Yugoslavia must be held ac- consent that I may be allowed to pro- He found that people had been forced countable.’’ ceed as if in morning business for up to from their homes in Banja Luka, some Every side in the Bosnian conflict 10 minutes. sent to prison camps, some sent into bears some guilt, some responsibility

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16367 for ethnic violence. The Serbs of Bos- House, overwhelmingly, with bipar- should not second-guess the decisions nia and of Serbia-Montenegro, the tisan support, calling for our Govern- of those who will make them and who Croats of Bosnia and of Croatia, rebel ment to lift the arms embargo unilat- are willing to live with the results. Moslems in northwest Bosnia, even erally if the world community was not However, a few elements will be key to Bosnian Government forces have in- prepared to do so multilaterally. any viable settlement: flicted war on civilian populations and Then came the Croatian invasion and To give reconciliation a chance, driven people from their homes. But capture of the Krajina. The outrageous, there must be real protection for there can be no doubt that now, as the unspeakable murders at human rights. throughout the years of war and strife Srebrenica—an army attacking an un- To provide hope for full reintegration suffered by the Bosnian people, the armed safe haven, U.N. peacekeepers of a multiethnic Bosnian state, there Serbs are primarily responsible and from the Netherlands left in a horrible must be significant unity through a have committed the most heinous and middle position—ultimately aroused meaningful Bosnian central govern- brutal crimes. the conscience of the world and par- ment. America must do all that it can to ticularly the NATO powers leading to To ensure long-term stability, a re- end these atrocities and to ensure that the extremely successful NATO air- gional military balance must be en- the guilty are punished without sup- strikes against Serbian targets, poign- sured—not just within Bosnia, but porting retribution and allowing the antly forcing us to raise the question among Bosnia, Serbia, and Croatia. cycle of violence to continue. The of whether those airstrikes, if they had This will probably require both arms international community has put in happened at an earlier time, could have control and reductions as well as arm- place a mechanism to do this—the War prevented some of the slaughter that ing and training the Bosnians. Crimes Tribunal for former Yugoslavia. occurred. Because once leadership was Finally, to ensure justice without Earlier this month in Storrs, CT, at a exercised and power was brought to retribution, the settlement must re- dedication ceremony for the Thomas J. bear, and those who were the aggres- quire all states of the former Yugo- Dodd Library and Research Center to sors were forced to suffer some pain slavia—Serbia-Montenegro and Croatia preserve the memories of the Nurem- and humiliation, the road to peace was as well as all parties in Bosnia—to berg War Crimes Tribunal 50 years ago, opened. Assistant Secretary Holbrooke fully cooperate with the War Crimes President Clinton said: ‘‘Those accused has moved skillfully, aggressively in Tribunal and to comply with its indict- of war crimes, crimes against human- difficult circumstances to find some ments and decisions. There can be no ity and genocide must be brought to common ground among the parties to amnesty, no refuge for any guilty justice. They must be tried and, if bring about a cease-fire that now leads party. As President Clinton said in found guilty, they must be held ac- us to the discussions occurring in Day- Storrs, CT, ‘‘There must be peace for countable.’’ I agree wholeheartedly ton, OH, that begin tomorrow. justice to prevail, but there must be with the President as I know my col- Some rightly have questioned the justice when peace prevails.’’ leagues do. idea of negotiating with Serb leaders Madam President, the question of Madam President, in some substan- who may themselves be guilty of war whether there will be a peace treaty tial degree the latest horrific stories of crimes and crimes against humanity. If depends on the three nations that are mass slaughter from Srebrenica, re- we hope to reach a settlement which gathered there under American aus- flected in the resolution adopted unani- will bring the Bosnian conflict to an pices in Dayton, OH. If they achieve a mously on Friday evening, remind us end, it may be that we have no choice peace agreement and open the door to of why so many of us in this Chamber but to negotiate with Serb leaders. No the end of this slaughter, and present have been concerned about the course one should misconstrue these negotia- an opportunity to preserve the sta- of events in the former Yugoslavia. As tions as excusing, forgiving or forget- bility in Europe—remember again, why I saw these events, and others agreed— ting war crimes which have been com- are we interested? Twice in this cen- some did not—from the beginning this mitted. We are doing none of that. tury aggression and genocide un- has been a case of aggression by Serbia, Those who have committed war crimes checked in Europe led to wider war. stimulated in fact from Belgrade. Per- with their acts or their orders will be But if a peace treaty is agreed on, it is haps it went beyond what Belgrade brought to justice. clear that NATO forces will be needed sought, what Belgrade expected. Per- Moreover, before real negotiations to implement that peace treaty to haps Belgrade was forced to suffer can begin, the Serbs must be required monitor, to keep the parties apart. more than they expected because of the to stop ethnic cleansing and other Let us be clear that we are on the eve economic sanctions. But this has been atrocities which are still taking place. of proximity talks and the prospect of a course of aggression to build a great- This is not an unrealistic or unwar- peace because the United States exer- er Serbia using genocidal tactics as a ranted precondition, but a test of cised leadership and power and the means of that aggression. whether these negotiations can achieve North Atlantic Treaty Organization ex- What did that mean? Again, one na- peace. If one party or another chooses ercised power through discriminate and tion in Europe invading another, com- to continue to propagate the war or un- carefully planned air strikes. United mitting genocidal acts based on the re- dertakes or tolerates ethnic cleansing, States leadership and NATO bombing ligion of a people, in this case Moslem; then we are not dealing with leaders against the Bosnian Serb aggressors instability in Europe, at a post-cold who want peace. were absolutely essential to bringing war time when that instability could If these leaders do not control their all sides to the peace process. But our spread, if not checked, throughout the own forces and cannot restore an order involvement cannot end there. Balkans, involving other countries— which prevents further atrocities and U.S. leadership and involvement by Turkey, Greece, Bulgaria, Albania— turns the guilty over for punishment, the United States and NATO will be es- and sending a terrible message to those then how can these leaders implement sential to the successful implementa- who had lived within the former Soviet a negotiated settlement in which terri- tion of a settlement. The United States Union about the lack of concern or un- tory will change hands but the rights cannot bring the parties this close to willingness to act by the world, by the of all people will be respected? peace and then just wash our hands of powers in Europe, by NATO. But if those leaders gathering in them. We will need to lead this effort So, many of us called for a policy of Dayton do stop the fighting and the and to be involved as befits the leader ‘‘lift and strike.’’ Lift the arms embar- atrocities, we must give them every op- of the free world. We owe this to our go. At least give the people of Bosnia portunity to achieve a negotiated set- NATO allies and to the alliance which the weapons with which to defend tlement. We owe this to those who has served peace and stability for near- themselves and then use NATO air have already died, but more impor- ly 50 years. We owe this to the ravaged power to strike at the Serbs to make tantly to those who still live and who people of Bosnia. And we owe this to them pay for the aggression and for the want to live in peace. the memories of all who have been the genocide. For too long no one listened. The settlement which eventually victims of genocide. It is only right— Excuses were given. But ultimately, a comes from these negotiations may not no, it is necessary—for the United resolution passed this Chamber and the be what some of us would like, but we States to stand up to genocide. We did

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16368 CONGRESSIONAL RECORD — SENATE October 31, 1995 not stand up in time 50 years ago and made by the North Atlantic Council. I thank the Chair and I yield the too many innocents perished as a re- But the President and other adminis- floor. sult. We must not repeat this mistake. tration officials have made clear that The United States is the leader of the United States will participate in f NATO. NATO functioned as an extraor- implementing a peace settlement only dinarily successful defensive military if several nonnegotiable conditions are alliance against the Soviet Union met. ORDER OF PROCEDURE throughout the cold war. There are The operation must be a NATO oper- Mr. KERRY addressed the Chair. those post-cold war who have asked, ation, with full NATO command and What is the business before the Sen- what is NATO’s purpose? But remem- control and no U.N. dual key arrange- ate? ber, NATO is the strongest functioning ments. military alliance among nations in the The mandate for U.S. forces and their The PRESIDING OFFICER. The con- world. The NATO powers gathered at missions must be clear. ference report on transportation appro- our urging to fight alongside us in the The forces must be large enough and priations. gulf war to bring about that magnifi- the rules of engagement sufficiently Mr. KERRY. Is there any time limit cent post-cold-war victory. Clearly, robust for the NATO force to carry out at this point in time? NATO will not be willing to play the its mission and to defend itself from The PRESIDING OFFICER. Yes. The any attack. role of peacekeeper or keeping the previous order was to recess at the President Clinton and his Cabinet of- peace that may be achieved in Dayton, hour of 12:30 p.m. until 2:15 p.m. ficials have promised to continue their OH, unless the United States is part of Mr. KERRY. I ask unanimous con- that peacekeeping force. I think we close consultations with the Congress and to explain their proposals to the sent that I be permitted to proceed for have to be honest about that. If we are such time as I might consume. It will not part of that force, NATO will not American people in order to assure that the President has their support. not be long. I assume the Senator from go in, there will not be peace in the Minnesota wants time. Balkans, and we have only more ag- This process of consultation should continue in a meaningful, bipartisan gression, more instability, and perhaps Mr. WELLSTONE. I ask unanimous way. The President needs the support more genocide to look forward to. consent for 5 minutes before we close, of Congress and the American people if Beyond that, Madam President, I if that would be all right. this mission is to be successful. Just as would say this. The relationship in The PRESIDING OFFICER. Is there President Bush recognized the need for NATO works both ways. Our allies in objection? congressional support before combat Europe are asking us to be part of this. began in the Persian Gulf war, Presi- Without objection, it is so ordered. Our friends in Bosnia are saying they dent Clinton realizes the importance of Mr. KERRY. Madam President, I will not trust the peace unless we are congressional support. Thus, he has thank you very much. I shall not be part of policing it. said, in words nearly identical to those long. But what is the next crisis going to used by President Bush in January be in which we will not want to carry 1991, he ‘‘would welcome, encourage the burden alone, in which we are turn- f and, at the appropriate time, request ing to our allies in NATO and saying, an expression of support by Congress BOSNIAN PEACE POLICY ‘‘Help us’’? What will they say if we say promptly after a peace agreement is to them in this case, ‘‘Sorry, folks, you reached.’’ Mr. KERRY. I listened with interest take care of it’’? So I hope that my colleagues in both to the comments of the Senator from So I say to my colleagues in the Sen- Chambers will give the negotiators Connecticut, with whom I worked on ate, there is a lot on the line here. some room, ask questions, but hold the this issue, and others. He is correct That is why I say that the resolution resolution until a much more appro- that certainly the resolution passed by passed in the House last night was un- priate and constructive time. the Senate with respect to the arms timely and unhelpful. I support the pol- I welcome the coming debate. The embargo sent a message. But the truth icy of American forces being part of a stakes are too high for the people of is that the policy that has been put in NATO force to police a peace treaty Bosnia, for our men and women in uni- place in Bosnia that has been success- that is agreed upon in NATO. Are there form, for the position of America in the ful was the opposite of what that reso- questions to ask? Yes, there are. world of the next century and for all lution called on the Senate to do. Peo- Should the administration consult Americans for us not to engage in this ple should reflect on that. The resolu- with Congress? Of course it should. And debate. tion that was passed so dramatically it has been. But this is a time for ques- Just as in those early days of 1991 by the Senate said, ‘‘Let’s abandon the tions, not resolutions. when I joined a majority of the Senate place and basically just arm them and Let me also say I support the second in supporting George Bush’s use of let them fight.’’ Many of us argued part of the House resolution, which force in the gulf war, we are at a turn- that that would have been a disastrous says troops should not be dispatched ing point in our history. When His Ho- event for the world, for the United Na- without congressional authorization. liness Pope John Paul II was recently tions, for NATO, and that everybody But let us remember this: So does in the United States, he spent a short would have been left asking who was President Clinton. He said to Senator period of time with President Clinton. responsible for this extraordinary mess BYRD in his letter he would welcome, The President reports that the Pope if that had, indeed, been the policy of encourage, and at the appropriate time said to him at the end of that conversa- this country. request an expression of support by tion, ‘‘Mr. President, I am not a young Congress. That is what I anticipate. man. I have a long memory. This cen- Courageously, the President pursued President Clinton has already begun tury began with a war in Sarajevo. We a different policy. The different policy the important process of consultations must not let this century end with a that he pursued was to finally elicit with Congress. Key senior officials— war in Sarajevo.’’ from our friends and allies in Europe a Secretary of State Christopher, Sec- If we believe in the hope expressed by willingness to do what the President retary of Defense Perry, the Chairman the Pope and in the important role had been asking them to do for some of the Joint Chiefs of Staff, General which America must play in the world, period of time, which was to be willing Shalikashvili—have all come to Con- we must be involved in implementing to take certain risks, use the power of gress to explain the why and how of peace in Bosnia. Without us there will NATO, and try to force the process to this proposed undertaking. Everyone be no involvement by NATO. Without peace talks. understands that there are many im- NATO there will be no peace to imple- There is less killing in Bosnia today portant questions which remain unan- ment. Without peace in the Balkans, than there would have been if the pol- swered. Some of these answers will de- there will be no peace and no stability icy of the United States Senate had pend on the outcome of the negotia- in Europe, and there will be a continu- been pursued. There is less killing tions in Dayton. Some will depend on ation of murder and genocide. I am not today because the President and NATO ongoing NATO military planning. prepared to accept this outcome for and the European leaders undertook a Some will depend on decisions to be America or the world. policy, which I will agree was one that

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16369 many of us would have liked to have that the private sector cannot make downward trend in critical mass tran- seen put into place some time pre- money at it. That is why we have the sit funding will be reversed next year. viously, but nevertheless, a policy dif- public transit in the first place. I am grateful to the conferees for in- ferent from that espoused by the Sen- I must express my serious disappoint- cluding in their report more than $20 ate. It is a policy which now, hopefully, ment in the severe reductions in tran- million for the south Boston Piers could conceivably result in a peace, sit operating assistance that will likely Transitway. The transitway is a crit- though I think Secretary Holbrooke is mean a reduction of some $3 million for ical component of the State implemen- accurate to say this is a gamble. There Massachusetts. tation plan, and is anticipated to serve are huge variables, and I do not think The conference report reflects the 22,000 daily riders. This construction expectations ought to be high, though crossroads at which Congress finds project has stayed on schedule and on obviously hopes ought to be high. itself with Amtrak. Despite the many budget, and has an impressive cost-ef- f benefits of passenger rail, some Mem- fectiveness index of $9 to $16 per new bers do not consider investment in pas- passenger trip. DEPARTMENT OF TRANSPOR- senger rail an appropriate use of tax- Another important project that will TATION AND RELATED AGEN- payer dollars. Others—and I count my- CIES APPROPRIATIONS ACT, 1996. receive $2 million through the Federal self among this group—know from pre- Transit Administration’s bus and bus The Senate continued with the con- vious experience both here and abroad facilities account in fiscal year 1996 is sideration of the bill. that the capital-intensive nature of the Worcester Intermodal Center. The Mr. KERRY. Madam President, I rise passenger rail makes it unlikely to sur- center, in a renovated Union Station in today in support of the conference re- vive as a viable transportation mode Worcester, MA, will provide convenient port on the Transportation appropria- without some form of Government sup- access to commuter rail, buses, and tions bill. I would just like to take a port. Indeed, the U.S. ranks 35th among taxis to Worcester County’s 710,000 moment to acknowledge the excep- the nations of the world in per capita residents. tional work of Senator LAUTENBERG spending on passenger rail—behind I have heard some concerns expressed and Senator HATFIELD in developing such countries as Belarus, Botswana, this compromise approach that is now and Guinea. In appropriating $635 mil- about the provisions of the conference on the floor. lion for Amtrak, which is about $160 report relating to reform of the Federal This is a critical time for our public million less than the fiscal year 1995 Aviation Administration, FAA, and infrastructure investments. There are funding level, the conferees anticipate particularly to those sections dealing many of us here in the Senate who are enactment of legislation to reform Am- with the rights of workers to organize deeply disturbed by the level of reduc- trak. As a member of the Senate Com- and bargain collectively. As a member tion on the investment side of the ledg- merce Committee, which has reported of the authorizing committee that oversees the FAA, I intend to monitor er, not just in public infrastructure, legislation to restructure Amtrak so as closely the FAA’s personnel reform but in human beings. I am convinced to place it on a path toward greater fis- plan to assure that the labor rights of we will pay a price for that. But meas- cal stability and accountability, I FAA workers are fully protected and ured against the overall choices that pledge to help move this bill forward as will keep the statement of the con- we are making in the Senate right now, soon as possible. ference managers to this effect in mind this transportation bill, I think, has My concern for passenger rail is par- as the Commerce Committee considers done its best, and Senators HATFIELD ticularly keen when it comes to the legislation to restructure the FAA. and LAUTENBERG have done their best, Northeast corridor and the need to to strike a balance between transit and move ahead with track work, upgrad- Another area about which I am con- passenger rail and highway construc- ing maintenance facilities and comple- cerned is funding for the U.S. Coast tion programs. tion of the electrification of the north- Guard. The Coast Guard is vital to my I would have liked to have seen that ern section as soon as possible. This State of Massachusetts, with its hun- balance be a little bit different, but I project is vital to reducing congestion dreds of miles of coastline, harsh still am heartened by the fact that in the corridor, which in turn will re- weather conditions, bustling maritime they held onto important initiatives sult in important environmental, en- industry, hearty fishing industry, and and, I might add from a parochial point ergy and employment benefits. The thriving recreational boating popu- of view, some important initiatives for $115 million the conference report pro- lation. New England and for Massachusetts. I vides for NECIP, some $85 million less Indeed, the Coast Guard is vital to commend them for doing that. than in fiscal year 1995, will enable the safety and well-being of citizens in I am particularly pleased that the work to move forward, albeit more every coastal State, and in every State conference report recognizes the sig- slowly. with navigable waters. Today, over 50 nificance of multimodal and fixed Another area of special importance percent of the U.S. population lives guideway transportation projects as to Massachusetts is mass transit. I am within the coastal zone, and directly well as the need to maintain Federal frankly disappointed and disturbed by benefits from the services the Coast support for Amtrak and the Northeast the significant reduction in funding Guard provides. But, indirectly, the Corridor Improvement Program. I am agreed to by the conferees for mass Coast Guard, in the performance of its concerned that operating subsidies for transit operating assistance. From $710 mission, protects every American. In mass transit are significantly reduced million in fiscal year 1995 down to the fact, more than two-thirds of the total and in some places, particularly in $400 million contained in the con- budget for the Coast Guard goes to op- rural or outlying areas, we are going to ference report, this severe cut in fund- erating expenses to protect public safe- see reductions that have a dramatic ing will have a devastating effect on ty and the marine environment, en- impact on low-income, disabled, and mass transit systems, particularly in force laws and treaties, maintain aids senior citizens’ ability to be able to get the Pioneer Valley, Worcester, Attle- to navigation, prevent illegal drug traf- to work, to get to shopping places, to boro, and the Lawrence-Haverhill ficking and illegal immigration, and move around the community. And areas. For Pioneer Valley alone, this preserve defense readiness. while it may look OK on the short- means a $1 million reduction, or a cut With this high demand for services I term ledger of a budget, those things of more than 47 percent in Federal am amazed that the Coast Guard would build community as much as a lot of funds. A reduction of this magnitude consider reducing its operations but in other things that we care about. When will most certainly force the transit response to our budget dilemma that is people cannot get somewhere, authorities to curtail service and raise exactly what it is doing. The Coast storeowners lose, community centers fares, creating significant hardship for Guard is in the process of an internal lose, and the people lose. those who depend on mass transit— downsizing and streamlining program So not having a vibrant transit sys- such as the elderly, disabled, and low- which in 4 years will reduce its size by tem is not somehow going to be made income riders—for basic shopping 12 percent or 4,000 people, and cut $400 up, we know, by the private sector be- needs, and to commute to work and to million. However, despite these cost cause the bottom line has always been school. It is my hope that this sharp cutting efforts, the funding for the

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16370 CONGRESSIONAL RECORD — SENATE October 31, 1995 Coast Guard provided by the con- against the extraordinary increase in sion? Who were the people that made ference—$2.579 billion for operations Coast Guard duties and responsibil- this decision accountable to? What and $362 million for acquisition, con- ities, we are asking them to do more happened to my State of Minnesota? struction and improvements—is well than may be possible. On top of $2.4 billion of cuts in medical below the President’s requests of $2.618 More than two-thirds of the total assistance, you now have cut my State billion for operations and $428 million budget for the Coast Guard goes to op- by $524 million more.’’ for acquisition, construction, and im- erating expenses for public safety—the Madam President, the majority lead- provements. marine environment, to enforce laws er came out and said, ‘‘But Minnesota The Coast Guard has always been and treaties, to maintain aids to navi- is doing better than in the House for- able to do more with less, but I am con- gation, to prevent illegal drug traf- mula.’’ That is true. There we were cerned that this level of funding will be ficking and illegal navigation, immi- being cut $3.5 billion. But we thought inadequate for the Coast Guard to con- gration, and also to preserve defense we had an understanding. We thought tinue successfully to perform impor- readiness. If you look at the increase in tant missions and operations. In addi- responsibility measured against the there was an agreement and the reduc- tion, the conference report contains last 10 years of reduction in resources, tions had been reduced by $1 billion contradictory provisions concerning once again I think we have to be very and the Senate by $2.4 billion. Then the funding—the first provision, which I careful that we are not shortchanging majority leader said something to the fully endorse, assumes that additional ourselves. effect, ‘‘Well, the Governor supports funding of $300 million will be provided Madam President, I yield the floor. I this.’’ in the Department of Defense Appro- thank the Chair. Madam President, I am really priations Act for Coast Guard oper- Mr. WELLSTONE addressed the pleased that the Governor of Minnesota ations. The second provision, which I Chair. does not support this. Governor Carl- oppose, makes available at the discre- The PRESIDING OFFICER. The Sen- son is meeting with the majority lead- tion of the Secretary of Transportation ator from Minnesota. er. He is coming to Washington, DC, to the transfer of up to $60 million to the try and find out what happened, and to f FAA budget. I do not think setting up advocate for our State, which is ex- agencies within a Department to battle THE RECONCILIATION BILL actly what he should do. Whether we one another for funding is a wise Mr. WELLSTONE. Madam President, are Democrats or Republicans, we course. should be advocating for our States. I am pleased to see that the con- I thank the Chair, and I will try to ference agreement disallowed the clo- make this relatively brief. I know the The most serious part of this deci- sure of any Coast Guard multimission presiding officer has a conference sionmaking process is—actually, there small boat stations for fiscal year 1996. luncheon to go to. is an ‘‘A’’ and a ‘‘B’’ to the serious While I recognize the necessity of the Madam President, when I go back to part. A, it is in the dark of the night, Coast Guard’s streamlining efforts, I teaching in 7 years, one of the classes behind closed doors—decisionmaking, am worried that efforts to downsize that I am going to teach is going to cutting deals, accountable to nobody, field operations may unreasonably in- focus on what happened on Friday no review, no opportunity to talk to crease the threat to life, property, and night on the floor of the U.S. Senate. constituents. That is problem No. 1, re- the environment. I concur with the And I say this with a slight smile be- gardless of what happened to different views expressed in the Senate Appro- cause you have to have a twinkle in States. your eye, but at the same time I say it priations Committee report that cited Problem No. 2: My State was cut by with a tremendous amount of indigna- the very real though intangible deter- $524 million. rence benefits of these stations. Com- tion. bined with their direct benefits, I be- In the dark of night my State of Min- Problem No. 3: Let us translate the lieve these outweigh the value of the nesota was cut $524 million in medical statistics in human terms. We have management efficiencies and small assistance for people in our State. I 425,000 recipients on what we call budgetary savings that may result will come back to that in a moment. ‘‘medical assistance’’ in Minnesota; from their closure. I also agree with Late afternoon and early evening I 300,000 of them are children. Sixty per- the conference report which stated kept asking, ‘‘Where is the Finance cent of our payments go to elderly and that the Coast Guard’s station closure Committee amendment on the for- nursing homes. Many people with dis- methodology failed to fairly consider mula?’’ After all, we are not just talk- abilities rely on this support so they distinctions among small boat sta- ing about formula, we are talking can stay at home and not be institu- tions, such as water temperature and about people’s lives. At 6 p.m., one tionalized. We are projected to grow survival time. I have proposed provi- version, 9 p.m., the final version. All of from 425,000 to 535,000 medical assist- sions in the Coast Guard authorization a sudden, back room decisions. No ance recipients in the year 2002. bill that establish a more formal proc- chance for review, no chance to talk to Madam President, I intend to fight ess for station closures and require the constituents. Some States come out this all the way. Minnesota was shafted Coast Guard to take the appropriators’ doing very well. Texas gains $5.2 bil- in the dark of the night decision- concerns into consideration while al- lion; that is good for Texas. California making, and a lot of people in my loses $4.2 billion; that is not so good for lowing the Coast Guard the flexibility State are going to be hurt. I am going California. Then, in a departure from to modify the levels of its resources as to make sure this formula is reversed. it sees fit. any rational allocation formula, the Once again, I compliment and thank legislative language of the amendment Madam President, I think the more the Senators from Oregon and New Jer- contains ‘‘additional amounts,’’ addi- people in the country get a chance to sey for their leadership in developing tional money. We are talking about see what is in these budget bills, the this important legislation. While I people leveraging their votes for the more they are not going to like it. If would have liked for it to do more in following States: the President is strong and he vetoes some areas, it is a commendable at- We have $63 million more for Ari- these bills—which he should—there is tempt to meet our Nation’s transpor- zona; $250 million more for Florida; $34 no Minnesota standard of fairness in tation needs within the budget limits million more for Georgia; $76 million these budget cuts—and the people have allotted to them. more for Kentucky; $181 million more a chance to be engaged in this process, I would just like to finally publicly for South Carolina; $250 million more I am absolutely convinced that we can say I am deeply concerned, also, about for the State of Washington. And then, inject some fairness, some elementary the reductions in the Coast Guard. I at 9 p.m., new legislative language is basic Minnesota fairness, back into know that the Coast Guard has accept- released adding Vermont to the list, this process. But, for right now, I am ed the Presidential directive and other with an additional $50 million. not letting up. I heard the Senator directives to streamline and to reduce. Madam President, in the dark of from Florida give a brilliant speech Those reductions and that stream- night, a decision was made by some- Friday night. I say to my colleague lining are good, and it is important. body, and I came out on the floor at 9 from Florida, I am not letting up on But I am convinced that measured o’clock and said, ‘‘Who made this deci- this. I am fighting this all the way,

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16371 until Minnesota gets some fairness in Mr. DOLE addressed the Chair. happened over the last month. On Sep- this formula. I am not going to let The PRESIDING OFFICER. The Re- tember 29, the Senate passed an exten- folks, in a back room deal, shaft my publican leader. sion of MEPFA and entered into an State and a lot of the citizens in my Mr. DOLE. Mr. President, is leader agreement providing for consideration State. time reserved? of S. 908 after the managers agreed on I am delighted that the Governor of The PRESIDING OFFICER. Yes. an amendment. On October 10, Senator Minnesota is going to join in this effort HELMS wrote to Senator KERRY and f to make sure we get a fair formula. urged him to make some kind of offer. MIDDLE EAST PEACE The next day, Senator KERRY re- f FACILITATION ACT sponded that ‘‘progress was being RECESS Mr. DOLE. Mr. President, tonight at made’’ in developing an offer. The PRESIDING OFFICER. Under midnight, the Middle East Peace Fa- On October 19, Senator KERRY met the previous order, the Senate will now cilitation Act [MEPFA] will expire. with Senator HELMS and provided an stand in recess until the hour of 2:15. Last night at 8:20, a written request for outline—not legislation—of a proposed Thereupon, the Senate, at 12:54 p.m., a short-term extension was faxed to my managers’ amendment. Later that day, recessed until 2:15 p.m.; whereupon, the office by the State Department. This Senator HELMS made a counter offer to Senate reassembled when called to morning, I spoke to Secretary of State Senator KERRY, changing the amount order by the Presiding Officer (Mr. Christopher about the issue. Until the of savings from reorganization from CRAIG). letter and phone call, my office had re- $1.2 billion over 4 years to $2.5 billion ceived no communication about the over 5 years. Senator KERRY’s response f need for the latest extension. I know was to propose 25 additional changes in DEPARTMENT OF TRANSPOR- the Secretary is concerned that a delay the bill and to request unprecedented TATION AND RELATED AGEN- in extending the act could be read as guarantees about the outcome of a CIES APPROPRIATIONS ACT, lack of support for the Middle East House-Senate conference. 1996—CONFERENCE REPORT peace process. I share that concern, but Until this morning, Senator HELMS I am also concerned that we have an The Senate continued with the con- had heard very little from Senator administration that refuses to deal re- sideration of the conference report. KERRY or his staff. While staff negotia- sponsibly with Congress. tions have begun, there is no agree- The PRESIDING OFFICER. The I want to be very clear: the U.S. Sen- ment on the central issue of cost sav- question is on agreeing to the con- ate has gone on the record on repeated ings. Once again, the administration ference report. The yeas and nays have occasions supporting the Middle East has refused to provide information to been ordered. peace process. We have extended Congress about cost information. I The clerk will call the roll. MEPFA three times this year: on June hope the Democrat manager, Senator The legislative clerk called the roll. 23, on August 11, and on September 29. KERRY of Massachusetts, is able to Mr. LOTT. I announce that the Sen- Each time the Congress acted prompt- make a legislative agreement today, ator from Oregon [Mr. HATFIELD] is ly. I hope we are able to act today as whether the administration is willing necessarily absent. well. or not. I further announce that, if present We support the peace process. We un- The State Department wants Senator and voting, the Senator from Oregon derstand the risks being taken by both HELMS to lift his objection to pro- [Mr. HATFIELD] would vote ‘‘yea.’’ sides. We understand that peacemaking ceeding with MEPFA despite the al- Mr. FORD. I announce that the Sen- is not easy, and that the process is sub- most total lack of effort over the last ator from New Jersey [Mr. BRADLEY] is ject to disruption. As I speak today, 32 days. Senator HELMS is completely necessarily absent. Israel’s withdrawal from the West within his rights to object to any unan- The result was announced—yeas 87, Bank town of Jenin has started. Our imous-consent request. I hope that as nays 10, as follows: lead negotiator in the Middle East, the day proceeds, Senator KERRY and [Rollcall Vote No. 557 Leg.] Dennis Ross, called my office this the administration decide it is finally YEAS—87 morning from Israel to express his con- time to deal seriously with the Senate cern over the consequences of not ex- Abraham Feinstein Mack majority. Akaka Frist McCain tending MEPFA. Ashcroft Glenn McConnell Extending MEPFA allows the Presi- Contrary to some of the statements Baucus Gorton Mikulski dent to waive certain provisions of law made by the administration, Senator Bennett Graham Moseley-Braun HELMS is not insisting on ‘‘getting his Bingaman Gramm Moynihan concerning the Palestine Liberation Bond Grams Murkowski Organization. It allows the provision of way.’’ What he is insisting on is that Boxer Grassley Murray United States assistance to the Pal- the will of the majority be heard, and Breaux Gregg Nickles that the Senate simply have a chance Brown Harkin Nunn estine authority, and it allows a Pales- Bryan Hatch Pell tinian office to operate in the United to vote on whether to save money by Bumpers Helms Pressler States. The Foreign Operations Appro- reorganizing our international affairs Burns Hollings Pryor agencies. Campbell Hutchison Robb priations Conference Report provides Chafee Inhofe Roth for a permanent extension of MEPFA I believe in the importance of bipar- Coats Inouye Santorum but it is not likely to be enacted soon. tisan cooperation. Let me point out Cochran Jeffords Sarbanes Cohen Kassebaum Shelby If Congress does not act today to pro- that if the administration had not or- Conrad Kempthorne Simon vide another short-term extension, the chestrated a filibuster of S. 908 earlier Coverdell Kennedy Simpson President’s waiver authority will lapse. this year, the Middle East Peace Fa- Craig Kerry Smith D’Amato Kohl Snowe Under these time constraints, unani- cilitation Act would have been perma- DeWine Kyl Specter mous consent is required to proceed. nently extended by now—in that same Dodd Lautenberg Stevens Today, I am informed the chairman legislation. Unfortunately, due to the Dole Leahy Thomas administration’s intransigence and re- Domenici Levin Thompson of the Foreign Relations Committee, Exon Lieberman Thurmond Senator HELMS, will object to any fusal to negotiate, MEPFA is once Faircloth Lott Warner unanimous-consent request extending again a last-minute demand on a busy Feingold Lugar Wellstone MEPFA unless the terms of a previous Senate schedule. NAYS—10 agreement entered into by the full Sen- I hope we are able to work together Biden Ford Reid ate have been met. The last time the on MEPFA, and I hope it happens Byrd Heflin Rockefeller Senate extended MEPFA, Senator today. I hope a managers’ amendment Daschle Johnston Dorgan Kerrey HELMS and Senator KERRY of Massa- is filed today. However, it is going to chusetts worked out an agreement pro- be very difficult, if not impossible, to NOT VOTING—2 viding for consideration of S. 908, the work together on one issue today if Bradley Hatfield Foreign Relations Reorganization Act. there is no cooperation from the other So the conference report was agreed For the benefit of all Senators, I side on moving to conference on the to. would like to briefly review what has budget reconciliation bill.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16372 CONGRESSIONAL RECORD — SENATE October 31, 1995 MORNING BUSINESS the deliberations on the budget resolu- administration hailed this partial pre- Mr. DOLE. Mr. President, I ask unan- tion Friday night. payment saying, ‘‘The American tax- imous consent that there now be a pe- With regard to the conference report, payer is being repaid ahead of sched- riod for the transaction of morning again, we faced a number of motions to ule.’’ business with Senators permitted to instruct; that it was my hope we could But what that amounted to, Mr. speak for 5 minutes each until the hour reduce in number from perhaps as President, was nothing more than a of 3:30 p.m. many as 20 to less than a handful. I publicity stunt. This so-called prepay- At 3:30 p.m., it will be my intention think we have agreed as a result of the ment turned out to be a sham. discussion in conference that it will to call up the conference report to ac- What about the $1.3 billion still owed company the energy-water appropria- not be 20; it will not be 12; it will not to the American taxpayers that was tions bill. A rollcall vote has been re- be anything more than 4—4 very spe- due yesterday? On Friday, the real quested. Therefore, another vote is ex- cific targeted motions that we would story came out. Without the fanfare, pected during today’s session of the be willing to agree, timewise, to not the photo opportunities, and the state Senate. We hope to adjourn fairly early take the 10 hours. dinner at the White House, the Clinton this evening. I wish to accommodate the schedule of the distinguished majority leader, administration quietly announced that The PRESIDING OFFICER. Without it was their plan all along to allow objection, it is so ordered. and I hope we could work through this in a way that would accommodate both Mexico to postpone paying back its f of our needs. Let me emphasize, our loan. colleagues feel very strongly about a APPOINTMENT OF CONFEREES ON Mr. President, I am outraged. It ap- number of the issues that we raised THE RECONCILIATION BILL pears to this Senator that the loans to through amendments last week. We Mexico may never be repaid, and the Mr. DOLE. Mr. President, you would feel very strongly this week. We will be Clinton administration knows it. I think after we broke the record on watching with the great interest of ev- have serious doubts that the American votes on the reconciliation bill—we had erybody in the conference what devel- taxpayer will ever be repaid all of the 39 votes here on Friday, and we were ops in that conference, and we think it $12.5 billion that this administration here after midnight on Thursday and is very important to articulate in as sent to Mexico. midnight on Friday—that we could strong a way as we can what our con- proceed to appoint conferees on the cerns are. We have a number of con- It is time to stop playing politics and reconciliation bill. But I am now ad- cerns that will not be addressed in tell the truth to the American public. vised that the Democrats will want to these motions to instruct. There were a Make no mistake about what and who use at least part of the 10 hours they number of Senators who said they is bankrolling the Clinton administra- are permitted under the Budget Act wanted the opportunity to move an tion loans to the Mexican Government. and maybe have as many as four addi- amendment or a motion, and we will do It is the U.S. taxpayer, the American tional rollcall votes. that in other ways—in the form of let- citizen. And the reality stands in sharp I must say, had I known that, we ters, in the form of conversations with contrast to what the administration would certainly have been here yester- our colleagues—but we will limit our said just weeks ago. The American tax- day, and I was trying to accommodate motions to instruct to four. payers are not being paid back on time. Members on both sides of the aisle. I So it is an effort to balance, Mr. The Clinton administration’s claims will not do that again without check- President, our degree of concern with that the Mexican bailout is a success ing very carefully. our interest in working through this rings hollow. The Mexican bailout is a My view was that we had had an un- effort procedurally in an effort to ac- failure for the American taxpayers and precedented number of amendments of- commodate all Senators. the Mexican economy. The history of fered by the other side. We had on this, That is what we will do whenever the the Clinton administration’s bailout is as I said, 39 votes in 1 day, never hav- distinguished leader decides to bring up a failed one. ing had that many votes in the history the conferees motion, and we will be On December 9, 1994, President Clin- of the Senate. And it seemed to me prepared to work with him in that re- ton lauded Mexico as an economic suc- that we would move on to the appoint- gard. cess story. And just 10 days later the ment of conferees and complete action I yield the floor. Mexican Government ineptly devalued without all this additional 10 hours or Mr. D’AMATO addressed the Chair. their peso by 20 percent. The peso’s 5 hours or 4 hours, whatever it is. So I The PRESIDING OFFICER. The value subsequently went into a free fall will have to decide when to bring up Chair informs the Senator we are now and capital fled Mexico. the bill—maybe sometime late tomor- in morning business. The Senator from Ironically, we have recently learned row afternoon. New York. Mr. DASCHLE addressed the Chair. that Mexican investors have been pull- The PRESIDING OFFICER. The Sen- f ing their money out of Mexico before ate minority leader. EXTENSION FOR REPAYMENT OF the peso’s crash. They were tipped off, Mr. DASCHLE. I would allocate MEXICO’S LOAN Mr. President. They got their money whatever leader time I may need to re- out long before the rest of the world Mr. D’AMATO. Mr. President, with- found out what was happening. The spond to the distinguished majority out any fanfare, late this past Friday leader. question again emerges, why are Amer- afternoon, the Clinton administration ican taxpayers forced by the Clinton f quietly gave the Government of Mexico administration to bail out a foreign an extension on their loan payments economy that was first abandoned by ACCOMMODATING THE SENATE owed to the United States taxpayers. its own wealthy citizens? SCHEDULE This delay contrasts sharply with the Mr. DASCHLE. Mr. President, let me much publicized partial prepayment I have said all along that American say that last week we began with about Mexico made on the same loan just a tax dollars are being sent to Mexico to 130 amendments which Senators on our few weeks ago. bail out wealthy global speculators. side had hoped to offer. I indicated to Yesterday, the Mexican Government That is wrong. So where are we now? the majority leader that it would be was supposed to pay the remaining $1.3 The Mexican Government, with the ap- my hope we could bring that list down billion of their $2 billion payment to proval and consent of the Clinton ad- to under 30, and we checked the record the United States. This money is only ministration, has used American tax- again and that list was reduced to 25 a part of the $12.5 billion in loans given payer dollars to pay off investors, but amendments, as I had hoped we could to Mexico by the Clinton administra- the Mexican economy remains in reduce them to. And so I think to the tion this year. shambles. Global speculators have degree it was possible we accommo- On October 6, as part of the public re- reaped huge profits while U.S. tax- dated both in time as well as in number lations campaign for Mexican Presi- payers are left holding the bag. the desire on the part of the leadership dent Zedillo’s visit, Mexico paid back Last Thursday, the Mexican peso on both sides to successfully complete $700 million. At that time the Clinton dropped to a 7-month low, trading at

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16373 7.23 pesos to the dollar, almost match- it. The American people will be the los- mountains with caves, Mr. President. ing its low point of 7.5 pesos to the dol- ers. We should be prepared the next This is an area where historically a lar in early March. The Mexican Cen- time they come to say no. small number of people have been able tral Bank frantically intervened to There is an old saying, ‘‘You don’t to murder a much larger force and take support the peso but despite these ef- put good money after bad.’’ But I guess many, many casualties. This is the en- forts, the peso closed at 6.925 to the we have an administration that figures vironment into which we are talking dollar yesterday. Banks in Mexico may if it is not their money, that it only be- about sending our troops. have to raise short-term interest rates longs to the American taxpayers, that even higher to help the peso recover its wise old saying is not valid. I draw an analogy between that and value. I believe this Congress has a respon- Lebanon in 1983. In 1983, we sent our These high interest rates are already sibility to demand that report, and I troops over to Lebanon. We had a very crippling Mexican families and small intend to submit a resolution express- modest mission at that time, and it businesses. And, Mr. President, do you ing the sense of the Senate that report was not until the months rolled by know who they hold responsible for be made available so that the Amer- when the bomb went off and 241 of our this? The United States of America. ican people can see that we have a Gov- troops were killed, and, of course, then The Clinton and Zedillo administra- ernment that operates in accordance there was a public cry, and we brought tions’ assertions that the Mexican with the rules and they can judge the our troops home. economy is recovering simply does not situation for themselves. They can de- Or Somalia. I cannot hang that on hold water. It is not true. The Amer- cide whether or not they are ever going the Democrats because George Bush, in ican people and the United States Con- to get that $12.5 billion back. The December, after he lost the election, gress deserve all the facts on the Mexi- American public can decide whether or can economic situation. not the administration has dealt with before the new President, President This summer, I released a report on them fairly and candidly. Clinton, was sworn in, he sent troops to the Mexican economic crisis that de- Mr. President, I thank you for your Somalia really just for 7 weeks. And tailed a disturbing pattern of deception courtesies and I yield the floor. then he went out of office and Clinton and misrepresentation of the true state Mr. INHOFE addressed the Chair. came in. At that time I was serving in of the Mexican economy. News reports The PRESIDING OFFICER (Mr. the other body. Almost every month indicate an internal study commis- THOMAS). The Senator from Oklahoma we sent a resolution to the President, sioned by the International Monetary is recognized for 5 minutes in morning ‘‘Bring our troops home. There is no Fund [IMF], sheds new light on the business. mission that is relative to our Nation’s subject and confirms this disturbing Mr. INHOFE. Thank you. security in Somalia.’’ And it was not pattern. Now the Clinton administra- until 18 of our Rangers were murdered tion has classified the report—the f in cold blood and they dragged their Whittome report—and is resisting ef- AMERICAN TROOPS IN BOSNIA corpses through the streets of forts to make it available to the public. The public has a right to know the Mr. INHOFE. Mr. President, I want Mogadishu that there was enough pub- whole truth. Why is the Treasury De- to take this opportunity and many lic outcry to bring the troops back partment hiding this information from other opportunities between now and home, and we did with our tail between the American public? the next few weeks, to strongly urge our legs. Nothing was accomplished. I have written to the Director of the the President to come to Congress for You see, we have adopted a foreign pol- IMF and copied the Secretary of the authorization before he makes a deci- icy in this country where we are send- Treasury to request that this report be sion to send American troops into Bos- ing our troops out on humanitarian made public. We have sent $12.5 billion nia. We have discussed this in our com- missions, as opposed to missions where worth of taxpayer money directly from mittee meetings, our Senate Armed we have our Nation’s security at risk. the United States and $9.8 billion from Services Committee, and I am very Well, now, this came to a head when the IMF. Another $1.6 billion will be much concerned about the fact that if we had our Senate Armed Services sent from the IMF to Mexico next you look at the history of Bosnia, all Committee meeting—it was a public the way back to the Ottoman empire, month. And do you know who is the meeting—just the other day. We had you see that you have these three war- single largest contributor to the IMF— Secretary Christopher, Secretary ring factions that have always warred the United States. According to news Perry, and General Shalikashvili. reports, the Whittome report provides with each other. We know that the Archduke who was When we came to the part where we valuable insight into the handling of were talking about the mission, the the Mexican economic crisis by the ad- assassinated was what precipitated strongest mission they could state that ministration and the IMF. Yet neither World War I right there in Sarajevo. we have in Bosnia is twofold: First to of them wants to share this report with We know that in World War II, Marshal the American public. Tito, when he was putting together his contain a civil war, which has been On October 18, I wrote to the Director alliance to go against the Germans, he going on for hundreds of years; second, of the IMF asking him to make it had most of them except for Croatia. to protect the integrity of NATO, the available. The public has a right to At that time Croatia was on the other North Atlantic Treaty Organization. know the whole truth but so far the side. We were on the side of the Bos- So I asked a question—and this was Treasury Department and the IMF nian Moslems and the Serbs. So it has after there was a quote from General have not responded to my request. been a moving target throughout the Rose, who was the U.N. commander in years. We were told several weeks ago that Bosnia. He said, ‘‘If America sends Mexico was recovering wonderfully, The only thing that is consistent is troops over there, they would lose that they have been murdering each that it was repaying its debt of $700 more American lives than they lost in other. And we have evidence in the last million earlier than required, but the the Persian Gulf.’’ There we lost 390 administration knew 2 weeks ago that 6 months, all three factions have fired lives. So I said, ‘‘So we can reasonably Mexico would be unable to pay the full on their own troops and tried to blame assume we are going to lose hundreds debt, which was $2 billion. So they put the other side. So we have a long and of American lives if we send troops up $700 million, when they still owe us agonizing history of what has been $1.3 billion and call it a success. It is happening over there. There is no more over on the ground in Bosnia? That disingenuous to say the least. hostile area any place in the world to being the case, Secretary Perry, is our Mr. President, let me make a pre- send our troops on the ground than mission, as you have described it, to diction before I close. I predict that there. contain a civil war and to protect the there will be a time in the not-too-dis- Back in World War II, any of us who integrity of NATO worth the cost of tant future when we will see Mexico have studied history at all remember many hundreds of American lives?’’ He come quietly to the Treasury, the how the former Yugoslavians were able said, ‘‘Yes,’’ without flinching. I said, United States Treasury, and make a to hold off the best that Hitler had on ‘‘Secretary Christopher?’’ He said, deal for more money, and this adminis- the ratio of 1 to 8. This, in other words, ‘‘Yes.’’ And General Shalikashvili said, tration will once again go along with is not the Persian Gulf. These are ‘‘Yes.’’

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16374 CONGRESSIONAL RECORD — SENATE October 31, 1995 So here we have the people who are about this, did not care about this fairs agencies of the United States in the top ranks, the President’s three enough that they did not know whether Government. top men, reflecting the wishes of the they have an outcry to bring our troops This is a legitimate issue. There are President—that is, to send troops into back until our American corpses are strong opinions on both sides. Bosnia on the ground. dragged through the streets of Sara- There is something else that is very jevo. We can stop it right now, Mr. It seemed to me we had a process for curious about this, which came up in President. I plan to go to Bosnia and negotiating this issue to reach some this meeting. They stated in the meet- spend several days there at the end of agreement. Senator KERRY on our side, ing that no matter what the condition this week and bring a story back for the Senator from Massachusetts, and was 12 months from now, those troops the American people. the chairman of our committee, Sen- would be back in the United States. I suggest the absence of a quorum. ator HELMS, had been negotiating. I ask you, Mr. President, in all of The PRESIDING OFFICER. The While agreement has not yet been your well-read days on military clerk will call the roll. reached, I believe it can with continued science, if you have ever found a time The bill clerk proceeded to call the good faith at the negotiating table. when a country sent its troops into a roll. warring area with a time certain to Wherever one stands on the question Mrs. FEINSTEIN. Mr. President, I come back, regardless of the cir- of consolidation one thing should be ask unanimous consent that the order cumstances, whether we were in the clear: The Middle East peace process is middle of a very hostile situation or for the quorum call be rescinded. too important to be held hostage to whether it was a peace accord, we are The PRESIDING OFFICER. Without disagreements over unconnected issues going to bring them home in 12 objection, it is so ordered. or to partisan disputes. Mrs. FEINSTEIN. Mr. President, if I months? I wonder if anyone in this body dif- They all said, ‘‘Yes.’’ They had it understand it correctly, we are in fers with that view? Do any of my col- written down that, ‘‘The troops will re- morning business at the present time? leagues on either side of the aisle be- turn in 12 months.’’ As much as I hate The PRESIDING OFFICER. Correct. to see it, the only thing I could think Mrs. FEINSTEIN. I ask that I may be lieve that the Middle East peace proc- of with any degree of certainty that is permitted to speak for as much time as ess just does not matter that much? Or going to happen in 12 months is that it I may consume. that it is expendable enough to be will be election time, November 1996. I The PRESIDING OFFICER. Without turned into a political football? hope that does not have anything to do objection, it is so ordered. One of the truly wonderful things with this decision. f about American foreign policy in the So I plan, in a couple of days, to go Middle East is that it has always been over to Bosnia. I am going to go, and I EXTENSION OF THE MIDDLE EAST bipartisan. Strong support for Israel am going to stand in the same places PEACE FACILITATION ACT and active pursuit of Middle East peace where all of our troops are going to be Mrs. FEINSTEIN. Mr. President, I have never been the province of just standing if the President is successful rise to discuss the need for an exten- one party. in not coming to Congress for author- sion to the Middle East Peace Facilita- Indeed, this peace process is the out- ization to send troops. I am going to tion Act, which expires tonight, and growth of the tireless efforts of Presi- look at the hostility around me, and I the majority leader’s announcement a dent George Bush and Secretary of am going to listen to the gunfire, and short time ago that there will be an ob- State James Baker. It has been carried I am going to bring that message back jection to passing that bill today. forward with skill and dedication by to the American people. This is very surprising to me. I was This is something that has to rise the current administration. sitting in the Judiciary Committee above politics. We went through this hearings on Waco when I was told The bipartisan nature of United same thing when President Bush want- about it. I speak today as the ranking States support for the Middle East ed to send troops to the Persian Gulf. member on the pertinent sub- peace process was never more evident Yes, we had a real mission there rel- committee of the Foreign Relations than on July 21 when I joined a group ative to our Nation’s security. That Committee and one who was very con- of my colleagues in cosponsoring Sen- mission was whether or not we could cerned about what the repercussions ate bill 1064, a long-term extension of have the energy necessary to be viable would be in the peace process from the the Middle East Peace Facilitation in fighting a war—a real mission rel- resolution we passed last week on Jeru- ative to our Nation’s security. At that Act. salem. And now we are confronted this time, he said we are going to send the I was proud to stand with Senators week with a situation that I think, troops there, and we said: Mr. Presi- HELMS, PELL, DOLE, DASCHLE, MACK, again, has a ripple effect throughout dent, we do not think it is wise to send LIEBERMAN, MCCONNELL, LEAHY, and the Middle East if we do not take ac- the troops over, those soldiers, not LAUTENBERG in expressing strong sup- tion. knowing they have the support of the port for continuing America’s leading Mr. President, I think we ought to American people as well as the support role in the peace process. of Congress behind them. He did not ask, what will one say, what will the have to. Just like President Clinton Israelis say, what will Prime Minister I know, too, that the chairman of the does not have to come for authority to Rabin say, when they are asked the subcommittee on which I serve as the Congress, President Bush did not question about why the Congress has ranking member, Near Eastern and have to, but he did it. It was a very refused to continue funding Palestinian South Asian Affairs, Senator BROWN, wise move for the sake of those individ- economic development in support of also supported the sentiments in S. uals who were going over there to lay the peace process? Prime Minister 1064. Rabin has explicitly asked for this leg- their lives on the line, where 390 Amer- I ask my colleagues who joined me islation on each of his visits to the icans died valiantly. The President, at that day, what has changed? If the United States. Not passing the exten- that time, came to the Congress, asked Middle East peace process was deserv- sion today, it is my understanding, for authority, and we had a united ing of strong bipartisan support on stops not only the funding but the op- America in fighting the Persian Gulf July 21, why is it being held hostage to eration of the necessary offices to war. unrelated legislative disputes on Octo- carry out that funding, including one This war over there is not our war, ber 31? Mr. President. This is a civil war. Sure, here in Washington. it is a problem for people in Western What is disturbing is that no one I simply do not understand how we Europe, and I hope that Western Eu- here is even arguing for letting the can fail to extend this legislation. It is rope gets busy. Let them do what is Middle East Peace Facilitation Act so important to ensuring Israel’s abil- necessary to protect their security in- lapse. This dispute before us, in fact, ity to live in peace and security with terests. Perhaps they have security in- has nothing to do with the Middle its neighbors in the future. It is so im- terests in Bosnia. We do not. East. It has to do with conflicting portant to protecting a Israel as a Jew- I do not want to wake up and find out views about whether or not or to what ish State, to seeing that the legitimate that the American public did not know extent to consolidate the foreign af- rights of the Palestinian people are

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16375 recognized and eventually aiming for We know there is no alternative to the Women’s League for Conservative Juda- peace and security in that entire re- peace process except continued violence and ism, Evelyn Seelig, Pres., Bernice Balter, gion. continued despair. We support your govern- Exec. Dir. I think we owe it to all those who ment and its vision of two peoples living side World Jewish Congress, Edgar M. by side, in peace, so that the children of Bronfman, Pres., Israel Singer, Sec. General. have supported us in that area not to Israel can look forward to the future without abandon our commitments. American fear. Jews know what the stakes are in To bring us closer to this goal, we support [From the New York Times, Sept. 12, 1995] keeping the Middle Eastern Peace Fa- MEPFA-the Middle East Peace Facilitation 1,000 RABBIS AGREE: THE PEACE PROCESS cilitation Act in force. Act, U.S. legislation which enhances Israel’s MUST CONTINUE Mr. President, I ask unanimous con- security by ensuring compliance by the Pal- sent that an advertisement from the estinians with their agreements and advanc- Today, every Member of Congress will re- ceive a letter signed by 1,000 American rabbis September 17, 1995, New York Times be ing economic development in the West Bank and Gaza to show Palestinians that peace expressing ‘‘strong support for Israel’s ef- printed in the RECORD at the conclu- can improve their lives. forts to achieve peace with her neighbors.’’ sion of my remarks. To road ahead will be filled with obstacles. Never before has so large a cross-section of (See exhibit No. 1.) But to turn back would be far more dan- American rabbis spoken so clearly about the Mrs. FEINSTEIN. The ad begins gerous. It would reward terrorists by giving urgent need to pursue peace. Reform, Con- ‘‘Prime Minister Rabin, we know that them precisely what they want: the death servative, Reconstructionist and Orthodox— pursuing peace is risky. Not pursuing not only of peace, but of hope. from 47 states and the District of Columbia— it is unthinkable.’’ The ad goes on to Mr. Rabin, we say bracha v’hlatzlacha— they call upon Congress to demonstrate endorse this legislation explicitly. It may you be blessed with good fortune. On ‘‘leadership so that peace and security for the eve of the Jewish New Year 5756, we offer reads: Israel can become a reality.’’ you and the people of Israel our steadfast The rabbis urge the renewal of the Middle . . . We support the Middle East Peace Fa- support and heartfelt prayers in the days cilitation Act, the United States legislation East Peace Facilitation Act (MEPFA), ahead. terming it an ‘‘important and effective diplo- which enhanced Israel’s security by ensuring American Jewish Committee, Robert S. matic tool for moving the peace process for- compliance by the Palestinians with their Rifkind, Pres. David Harris, Exec. Vice Pres. ward.’’ agreements and advancing economic devel- American Jewish Congress, David V. Kahn, opment in the West Bank and Gaza, to show Pres., Phil Baum, Exec. Dir. MEPFA enables the United States to play Palestinians that peace can improve their American Jewish League for Israel, Martin a constructive role in Israeli-Palestinian ne- lives. L. Kalmanson, Pres. gotiations and to provide leadership in the This ad reflects nothing less than the American Zionist Movement, Seymour D. international effort to assist the Palestinian Authority. ‘‘Furthermore, it is a key ele- consensus of the organized Jewish com- Reich, Pres., Karen J. Rubinstein, Exec. Dir. ment in the fight against terror,’’ according munity in America. It is signed by 29 Americans for Progressive Israel- Hashomer Hatzair, Naftali Landesman, Pres. to the rabbis. Jewish organizations. Such a broad Americans for Peace Now, Richard S. Gun- As the new Jewish year 5756 approaches, consensus of American Jews, Israel’s ther, Co-Pres., Linda Heller Kamm, Co-Pres., and Israel continues its courageous journey strongest supporters, should not, in Gary E. Rubin, Exec. Dir. to a peace that will endure, let us pray, with fact, be construed as wrong. I hope we Anti-Defamation League, David H. the rabbis, for the peacemakers to succeed. will listen to them. Strassler, National Chair, Abraham H. I did not think we would be in this Foxman, National Dir. RABBINIC SUPPORT FOR position where one person would pre- Association of Reform Zionists of America, THE PEACE PROCESS, vent this act from being extended and Philip Meltzer, Pres., Rabbi Ammiel Hirsch, September 12, 1995. Exec. Dir. See peace and pursue it—Psalms 34:15 effectively cut off all aid to the peace B’nai B’rith, Tommy Baer, Pres., Dr. Sid- process, all economic development as- ney Clearfield, Exec. Vice Pres. TO THE MEMBERS OF THE U.S. HOUSE OF sistance that in good faith America has Bnai Zion, Rabbi Reuben M. Katz, Pres., REPRESENTATIVES AND THE SENATE: We are pledged. Mel Parness, Exec. Vice Pres. writing to express our strong support for On top of what happened last week, Federation of Reconstructionist Syna- Israel’s efforts to achieve peace with her when these resolutions and these ac- gogues and Havurot, Jane Susswein, Pres., neighbors and for the active involvement of the United States in the Middle East peace tions and these nonactions by this Rabbi Mordechai Liebling, Exec. Dir. process. body are extrapolated universally and Givat Haviva Educational Foundation, Fred Howard, Chair, Hal Cohen, Exec. Dir. particularly in the Middle East, they Right now, the Congress of the United Hadassh—The Women’s Zionist Organiza- States has the opportunity to help maintain very often come to have different tion of America, Marlene Post, Pres., Beth the momentum towards peace in the Middle meanings. Wohlgelernter, Exec. Dir. East and to fight terrorism against Israel. This body went on record in July sup- Israel Policy Forum, Robert K. Lifton, We call upon you to demonstrate your lead- porting this process. How can we today Chair, Jonathan Jacoby, Exec. Vice Pres. ership so that peace and security for Israel turn it off? How can we say what we Jewish Labor Committee, Lenore Miller, can become a reality. supported in July, we do not support Pres., Michael S. Perry, Exec. Dir. The Middle East Peace Facilitation Act enough in October to pass a simple Jewish Women International (formerly (MEPFA) will expire soon. The act permits B’nai B’rith Women), Susan Bruck, Pres., Dr. amendment to extend the act? Instead, the United States to play a constructive role Norma Tucker, Exec. Dir. in the Israeli-Palestinian negotiations and to along with ambassadors, along with Labor Zionist Alliance, Daniel Mann, Pres. other treaties, we will hold it hostage? provide leadership in the international effort MERCAZ—Zionist Organization of the to assist the Palestinian Authority. As such, I think it is wrong. I think it is over- Conservative Movement, Roy Clements, MEPFA has been an important and effective kill. I think it is a redoubtable action Pres. diplomatic tool for moving the peace process at best. I hope that the majority leader NA’AMAT USA, Sylvia Lewis, Pres. forward. Furthermore, it is a key element in would be able to prevail on those who National Committee for Labor Israel, Jay the fight against terror. As Prime Minister want to hold this hostage to achieving Mazur, Pres., Jerry Goodman, Exec. Dir. Rabin recently said, ‘‘The solution between National Council of Jewish Women, Susan goals that are unrelated to the Middle the Palestinians and Israel will create condi- Katz, Pres., Rosalind Paaswell, Exec. Dir. tions that will reduce the influence of the ex- East Peace Facilitation Act, and that National Jewish Community Relations Ad- treme Islamic terrorist groups.’’ those parties would reconsider. I think visory Council, Lynn Lyss, Chair, Lawrence it is very important that they do. Rubin, Exec. Vice Chair. In its June 1 report, the State Department I thank the Chair for the time. New Israel Fund, Herbert Teitelbau, Pres. points out that ‘‘the United States needs to be in a position to support, encourage, and EXHIBIT 1 Norman S. Rosenberg, Exec. Dir. Project Nishma, Theodore R. Mann, Co- facilitate the Israeli-Palestinian dimension [From the New York Times, Sept. 17, 1995] Chair, Henry Rosovsky, Co-Chair, Edward of the [peace] process.’’ MEPFA’s renewal PRIME MINISTER RABIN, WE KNOW THAT PUR- Sanders, Co-Chair, Thomas R. Smerling, ensures that the U.S. will play a key role in SUING PEACE IS RISKY. NOT PURSUING IT IS Exec. Dir. advancing peace and in fighting terror. Like UNTHINKABLE The Abraham Fund, Alan B. Slifka, Pres., the leaders of Israel, we believe this role to Mr. Prime Minister, as you continue the Joan A. Bronk, Interim Exec. Dir. be essential. We therefore urge you to renew arduous journey to peace, know that Amer- Union of American Hebrew Congregations, MEPFA in a manner that both the American ican Jewry stands with the Government of Melvin Merians, Chair, Rabbi Alexander and Israeli administrations believe will help Israel. Schindler, Pres. further the talks and strengthen the fight Overwhelmingly, American Jews say ‘‘yes’’ United Synagogue of Conservative Juda- against terrorism. to Israel’s current pursuit of peace with se- ism, Alan Ades, Pres., Rabbi Jerome N. Ep- We care deeply about Israel. We know that curity. Every poll reflects this. stein, Exec. Vice Pres. this may be Israel’s one true chance for

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16376 CONGRESSIONAL RECORD — SENATE October 31, 1995 peace, and that this opportunity is fragile. ‘‘Here We Go Again’’: Senator Ernest F. [In billions of dollars] We are deeply concerned about the level of Hollings Outlays Revenues P.L.O. compliance; nevertheless, we are [In billions of dollars] heartened by the progress that, thanks in Starting in 1995 with: This assumes: part to MEPFA, has been attained. At the (a) A deficit of $283.3 billion for (1) Discretionary Freeze Plus Discretionary same time, we understand that reducing our Cuts (in 2002) ...... 121 1995: (2) Entitlement Cuts and Interest Savings country’s involvement or cutting aid to the Outlays ...... 1,530 (in 2002) ...... 226 Palestinian Authority, which has committed Trust funds ...... 121.9 itself to making peace with Israel, is not now [1996 cuts, $45 B] spending reduc- Unified deficit ...... 161.4 tions (in 2002) ...... ¥$347 the proper vehicle for expressing our con- Real deficit ...... 283.3 cern. This is why we call upon you to support Gross interest ...... 336.0 Using SS Trust Fund ...... ¥115 peace and let the negotiations continue (b) And a debt of $4,927 billion. Total reductions (in 2002) ...... ¥462 unhindered. How do you balance the budget by: +Increased borrowing from tax cut ...... ¥93 In the voice of our tradition we say, ‘‘One (a) Increasing spending over revenues $1,801 ¥ does not have the responsibility to complete billion over 7 years? Grand total ...... 555 the task, but neither is one free to take (e) By borrowing and increasing the debt leave of it.’’ We urge you to play your part GOP ‘‘SOLID’’, ‘‘NO SMOKE AND MIRRORS’’ BUDGET PLAN (1995–2002)—Includes $636 billion ‘‘em- in helping peace grow strong. Thank you. [In billions of dollars] bezzlement’’ of the Social Security trust Sincerely, fund ...... 1,801 (Signed by over 1,000 American rabbis.) Year CBO CBO Cumulative outlays revenues deficits The Real Problem— f 1996 ...... 1,583 1,355 ¥228 Not Medicare—In surplus $147 billion—Paid EXTENSION OF TIME FOR 1997 ...... 1,624 1,419 ¥205 For MORNING BUSINESS 1998 ...... 1,663 1,478 ¥185 1999 ...... 1,718 1,549 ¥169 Not Social Security—In surplus $481 Bil- Mr. HOLLINGS. Mr. President, I ask 2000 ...... 1,779 1,622 ¥157 lion—Paid For 2001 ...... 1,819 1,701 ¥118 unanimous consent to extend morning 2002 ...... 1,874 1,884 +10 But interest costs on the national debt— business for 15 minutes. Total ...... 12,060 11,008 ¥1,052 are now at almost $1 billion a day and are The PRESIDING OFFICER. Without growing faster than any possible spending objection, it is so ordered. (b) And increasing the national debt from cuts f $4,927.0 billion to $6,728.0 billion? —AND both the Republican Congress and Democratic White House as well as the RECONCILIATION DEBT 1 media are afraid to tell the American people Mr. HOLLINGS. Mr. President, last [In billions of dollars] the truth: ‘‘A tax increase is necessary.’’ Friday in the wee hours of the night —SOLUTION: Spending cuts, spending National Interest there was a total abandonment of any Year debt costs freezes, tax loophole closings, withholding kind of truth in budgeting. There is no new programs (Americorps) and a 5 percent 1995 ...... 4,927.0 336.0 value added tax allocated to the deficit and better way to express it. 1996 ...... 5,261.7 369.9 Under this entire charade, once 1997 ...... 5,551.4 381.6 the debt. 1998 ...... 5,821.6 390.9 again, we have lied to the American 1999 ...... 6,081.1 404.0 ‘‘Here We Go Again’’—Promised Balanced people. There is no question that in 2000 ...... 6,331.3 416.1 Budgets 2001 ...... 6,575.9 426.8 those wee hours, Mr. President, that 2002 ...... 6,728.0 436.0 billion they were trying their dead-level best Increase 1995–2002 ...... 1,801.0 100.0 President Reagan (by fiscal year and finally succeeded in buying off the 1984): votes of certain of the Senators with 1996 2002 President Reagan (by fiscal year respect to Medicaid. 1991): In order to purchase it, what they did 1 Debt off CBO’s August baseline includes: 1. Owed to the trust funds ...... 1,361.8 2,355.7 President Bush (by fiscal year was use Social Security funds. That 2. Owed to Government accts ...... 81.9 (2) 1995): was a use and violation—not only of 3. Owed to additional borrowing ...... 3,794.3 4,372.7 1981 Budget ...... 0 the rule but of the law. The rule was [Note: No ‘‘unified’’ debt; just total called by the distinguished Senator debt] ...... 5,238.0 6,728.4 1985 GRH budget ...... 0 from Florida and the distinguished 1 Off CBO’s August baseline. 1990 budget ...... +$20.5 2 Included above. Senator from Iowa, Senator HARKIN. If Mr. HOLLINGS. Mr. President, start you ever want to see distortion, obfus- (c) And increasing mandatory spending for in the year 1995; we are going to try to cation, and abandonment of responsi- interest costs by $100 billion? balance the budget. Starting in the bility by the Parliamentarian in the [Deficit in billions of dollars] year 1995, you start with a deficit of U.S. Senate, I wish you would read that How? You don’t! $1.518 trillion in outlays, so you have a RECORD. (a) 1996 Budget: Kasich con- deficit here of $283 billion for 1995. And Be that as it may, the Chair would ference report, p. 3 ...... ¥$108 (b) October 20, 1995, CBO let- a debt of $4.927 trillion. say, I do not know. We will refer to the ter from June O’Neill ...... ¥$105 If you start with a deficit and a debt chairman of the committee, Senator —You just fabricate a ‘‘paper bal- of almost $5 trillion and you look at DOMENICI, and say, well, I like what the ance’’ by ‘‘smoke and mir- the increased spending over revenues Chair has ruled. Ruled and on and on rors’’ and borrowing more: during each of the fiscal years, using and back and forth but no idea of a par- Smoke and Mirrors. (a) Picking up $19 billion by cut- Congressional Budget Office figures, liamentary ruling or recognition of the you will find that cumulatively, from law. That is why I take the floor today. ting the Consumer Price Index (CPI) by .2 percent— 1996—and each year is listed in this What really happens is that they con- thereby reducing Social Secu- particular document to 2002—there is stantly are talking about a balanced rity benefits and increasing an increase of spending of $12.06 trillion budget when everybody—both at the taxes by increasing ‘‘bracket over revenues received over each of White House, the Democratic White creep’’. those years—cumulatively, now, of (b) With impossible spending House, and the Republican Congress— $11.008 trillion. know that it cannot be done. It cannot cuts: be done without increasing taxes. Medicare ...... 270 So you are spending $1 trillion more Medicaid ...... 182 Here in the extreme, they are talking than you are taking in over this GOP Welfare ...... 83 budget plan. Specifically, you can look about decreasing taxes—about tax (c) ‘‘Backloading’’ the plan: cuts. —Promising a cut of $347 billion at last month. September ended the fis- Let me go right to the point here, so in FY2002 when a cut of $45 cal year 1995. If you look at the outlays I can make a coherent record. billion this year will never for that year and for this year, 1996, Mr. President, I ask unanimous con- materialize. and you see the increase from the $1.530 sent that this little two-page summary [In billions of dollars] trillion to $1.583—or a $53 billion in- crease in spending. of budget tables be printed in the Outlays Revenues RECORD at this particular point. Now we are going to cut spending, There being no objection, the tables (d) By increasing revenues by decreasing rev- balance the budget, cut spending—yet enues (tax cut) ...... $245 were ordered to be printed in the 2002 CBO Baseline Budget ...... 1,874 1,884 the very first year here we have in- RECORD, as follows: creased spending $53 billion.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16377 Then you go down to the debt and it BELT says—for example, on the House So, Social Security is not the prob- is listed there of $1.801 trillion in the side they were $35 billion shy. So it is lem, 25 or 30 years out; Medicare is not debt. And you found out over the 7-year just rhetoric or language to the effect the problem here, 7 years out, The period, you are not only increasing the that, with $35 billion, that the next problem is now. We have spending on National debt by $1.8 trillion to a level Congress will have to make it up. That automatic pilot. Interest costs on the of $6.728 trillion, but you have in- is no way to balance the budget, but national debt—like death, like taxes— creased interest costs on the national that is part of the smoke and mirrors. cannot be avoided. In fact, treat it as a debt to $100 billion. You can pick up $19 billion as they tax increase, as I do in a sense. What I have listed there what is owed to have with the Consumer Price Index we have is taxes being increased auto- the trust funds, what is owed to the being reduced by .2 percent, thereby re- matically each day $1 billion a day. Government accounts, and what is ducing, of course, the Social Security That is the real problem. owed to additional borrowing because, benefits and increasing taxes because What happens here is both the Re- in my limited time, I am trying to talk what you do is hit bracket creep, as publican Congress and the Democratic about the public debt, which is No. 3, they call it. Then you go with the im- White House, as well as the media—and ‘‘owed to additional borrowing.’’ But possible spending cuts of $270 billion in I hope they will read this—are afraid to we borrow from the trust funds. We Medicare, $182 billion in Medicaid, and tell the American people the truth: owe them, at this particular point, $83 billion in welfare. That is, you cannot do it without a tax $1.361 trillion. And if we look at the Just take the one—welfare. Suppose increase. So, what we need to do is cut owed to the Government accounts, you are a Governor and you are as- spending, freeze spending, tax loop- such as the bank insurance funds, the signed the welfare responsibility with a holes closing, withholding on new pro- Federal Savings and Loan Insurance traumatic cut. Now you have added re- grams. I had to vote against Corporation, the credit union share in- sponsibilities. What you have to do is AmeriCorps. Everybody is for volunta- surance fund, and these other accounts, start a training program. Two-thirds, rism. In fact, I was party to the insti- as of next year, we will owe some $81.9 of course, of those on welfare are chil- tution of the Peace Corps. We can billion there. dren but the other one-third are those make that record sometime. But you So we are moving deficits from one who are unskilled or untrained, gen- cannot go into these new programs pocket to the other. We are not elimi- erally female adults who have not had when you are trying to get rid of the nating them. And, yes, we are bor- the advantage of schooling. So you deficit and the debt and decrease rowing at the public till, for a total, of have to set up schooling and a training spending on automatic pilot. So you course, of, as we have indicated there, program. Thereupon, you institute a need all of that plus, I suggest, a 5-per- a debt of $6.728 trillion. hiring or a Government job program of cent value-added tax. So the question is, starting in 1995 last resort. Then, to get to work, you Mr. President, that is the point. We with a deficit of $283 billion and a debt have to institute, if you please, a child have seen this exercise. In the early of $4.9 trillion, and increasing manda- care center because they have to leave 1980’s, I went with the Republican lead- tory spending for interest costs by $100 the children at home to take the job. ership and with Senator Howard Baker billion, how do you balance the budget And on down the list. You are not for a freeze. We could not get it. Then that way? Of course, you do not. going to save that amount, of course, we realized by 1985 that we had—in Go right to the next list of figures. on welfare. order to get this deficit and debt down My authorities are none other than the Another way, of course, in subsection for it was growing by leaps and chairman of the Budget Committee on C shows backloading the plan, whereby bounds—to have automatic cuts across the House side, Mr. KASICH, because he all the real cuts are made in the last 2 the board. We had Gramm-Rudman- was the chairman of our budget con- years. The last year alone, for example, Hollings, and we looked at it. We said ference that got up this GOP budget in the year 2002, they have to cut $347 we still need to close the loopholes. In and so-called reconciliation. On page 3 billion. Here now, we are struggling 1986, we got tax reform. of the conference report by Mr. KASICH, and are not going to obtain $45 billion Then, listen to this, in 1990, a bipar- you will find the word ‘‘deficit’’ for the this year with the best of intent and tisan group of eight Senators, who hate year 2002: a $108 billion deficit. the contract and the headlines and ev- taxes as much as anybody else, got to- Then you go to the letter last week erything else and cannot even reach gether in the Budget Committee and from the Director of the Congressional the $45 billion cut. But in the last year voted for a value-added tax. Why? Be- Budget Office, Miss June O’Neill, and under this GOP budget, balanced budg- cause you cannot balance the budget find on October 20, she determined a et plan, you have to cut $347 billion. without all of the above—namely, deficit of $105 billion; whether it is $105 Then of course, you increase your spending cuts, spending freezes, loop- or $108—as the old expression goes, con- revenues by decreasing revenues. That hole closings, denying new programs, tinuing deficits as far as the eye can sounds like double talk but that is the and a tax increase. see—it is over $100 billion. tax cut. You get into this growth argu- We have heard this thing about bal- So, if you cannot do it, what do you ment that we have heard, now, for the anced budgets. I really regret it be- do? You fabricate a paper balance, by last 2 weeks. All we need is a tax cut. cause I hear it on the floor. I see it on smoke and mirrors and borrowing It is going to give us growth, growth, the screen on my TV about a balanced more. You fabricate a balance. This just like Reaganomics said back in 1981 budget. Those working the discipline Senator knows as a member of the that put us into these horrendous defi- know there is no idea of balance the Commerce Committee, by simply bor- cits, debt and interest costs on auto- budget. I heard it just 15 years ago. rowing again moneys that have already matic pilot. It is going up, up and President Reagan presented a budget— been represented in legislation as hav- away, the spending is. That tax cut is the document shows it, and I have it ing been consumed. In our tele- $245 billion. Then you look of course at here—that the budget would be bal- communications bill, we came up with the—and by borrowing from the public anced by 1984. a budget point of order. We needed to and from the trust funds, another $1.8 Again, under President Reagan, in raise some $8 billion so we put in there trillion. And that borrowing includes late 1985 under Gramm-Rudman-Hol- the auctions of $8 billion. $636 billion embezzlement from Social lings we pledged that balance—and we Now we come again to the Commerce Security. got awards for this one—that the budg- Committee for their reconciliation re- At the present time, we have a $481 et would be balanced by 1991. In 1990— sponsibility of raising $15 billion and billion balance in Social Security. at that time they had gone out to An- we list again the $8 billion that has al- That is not the problem. Under Social drews Air Force Base and vetoed, abol- ready been included in the tele- Security, it is paid for, for a good 25 to ished, Gramm-Rudman-Hollings cuts communications bill. Or, go to the Fi- 30 years, easily. Yes, you have $481 bil- across the board and put in spending nance Committee. The Finance Com- lion there and you are going to borrow caps. Under that budget—I will show mittee, struggling and straining under another $636. At the end of the par- you the document—they said that by Medicare, trying to find the money, ticular budget plan, 2002, you are going 1995, just last month, you would have a put in what they call a BELT. The to owe Social Security over $1 trillion. $20.5 billion surplus.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16378 CONGRESSIONAL RECORD — SENATE October 31, 1995 Has anyone ever heard the word ‘‘sur- ify him as a ‘‘standup guy.’’ but Hamp did sworn to resist integration, but only ‘‘by all plus’’ in Washington? Balanced budgets that and a lot more. For a major part of his legal means.’’ Hamp might have been able to by 1984, balanced budgets by 1991, and purpose in life was to demonstrate to the overlook being called ‘‘nigger,’’ but ‘‘un- then, finally, in 1995—we could look at world that black men were as good as any qualified’’? The valedictorian of our Turner men. Not better, but as good as, although the documents—a surplus of $20.5 bil- High School class of 1956? The smartest stu- there were times in his classes in biology and dent in all Atlanta, according to his proud lion. Here, instead of a surplus of $20.5 physics and calculus and all the other father, Tup. If there was a fighting word to billion, we have a $283.3 billion deficit. courses that an aspiring doctor has to take Hamp, it was that ‘‘unqualified.’’ So there it is. ‘‘Here we go again,’’ as that he earned a second layer of enmity from our fearless leader, President Ronald his classmates by consistently pushing the And while he was slow to anger and pre- ferred classroom combat to the real thing, he Reagan, said. ‘‘Here we go again.’’ curve up to 98 or 99 and often a hundred, leaving the next best grade some 10 points was capable of standing up that way too. I thank the distinguished Chair. behind. Once, when had parked in front of the house f It was such a performance that led him to of one of the most racist fraternities on cam- be elected to Phi Beta Kappa, a notation pus, and the fraternity guys saw whose car it CHARLAYNE HUNTER-GAULT AND that appeared beside his name when he grad- was, they began to taunt him and make A SENSE OF HISTORY uated in 1963 as one of two black students in moves that suggested they were prepared to a class of 2,000. Had he not been recovering go further. Knowing he had only himself to Mr. HOLLINGS. Mr. President, I from surgery on a heart that was as big as rely on and understanding the white south- would like to draw my colleagues’ at- the world, but in the end was vulnerable to ern mentality perhaps better than they tention to a column in today’s Wash- its pressures, he might have been at the Mil- themselves, Hamp made a quick but delib- ington Post that is a good remem- lion Man March with his son, Hamilton Jr. erate move to open the car door, reached (Chip), at his side. And while his was never brance of the early 1960’s when black across to the glove compartment and took the gift of oratory, he could have offered his out something that he immediately placed in students integrated Southern colleges. own quiet but soul-elevating testimony to In touching remarks, South Carolina the strength of black men and to black fami- his pocket. It was a flashlight, but who native Charlayne Hunter-Gault, public lies. He could surely have given the lie, as he knew? Hamp was relying on the prevailing television’s national news cor- always had, to notions of inferiority and predisposition to embrace every known respondent, weaves an excellent reflec- rampant irresponsibility. He could have also stereotype of black men, and his instinct proved correct. They backed off in a heart- tion of the history of the times as she provided as well a window into a world that beat. The irony of the encounter was that remembers the life of Hamilton Earl existed not so long ago, one that raised ob- stacles and inflicted pain on black men that the next day, Hamp was summoned to the Holmes. Together in 1961, Ms. Hunter- only the most ignorant or callous among us dean’s office and admonished for carrying a Gault and Mr. Holmes became the first would forget. gun. The rest of the time, the frat brothers two African-American students to at- Hamp had come from a distinguished black did their dirty deeds in stealth. Like letting tend the University of Georgia. family of doctors and educators and activists the air out of Hamp’s tires while he was in Back in the early 1960’s as the Uni- who challenged the laws that kept blacks ‘‘in class. Early and often. their place,’’ starting when Hamp was still in versity of Georgia integrated, the But Hamp persevered, often finding release junior high school with the all-white Atlanta State of South Carolina was employing in a game of pickup basketball with the golf course. His grandfather, a doctor who every means to keep Clemson Univer- brothers from town, who at that point could lived to be 82, once explained the family phi- come to football games but still had to sit in sity segregated. We ran out of courts. losophy to the writer Calvin Trillin: ‘‘I the section reserved for blacks, called the But fortunately, we had people like trained my children from infancy to fear ‘‘crow’s nest.’’ They were proud of Hamp; and Mr. Holmes and Ms. Hunter-Gault who nothing, and I told my grandson the same were willing to show us the way in thing. I told him to be meek. Be meek, but who knows how many of them he inspired— don’t look too humble. Because if you look if not to apply to the university then to be South Carolina. Their courage and all they could be. ability to stand up led to Clemson’s too humble they might think you’re afraid, peaceful admission of Harvey Gantt, and there’s nothing to be afraid about, be- If he had been well enough and so inclined, cause the Lord will send his angel to watch the former mayor of Charlotte and a that might have been his message at the Mil- over you and you have nothing to fear.’’ lion Man March. He might have dusted off an former candidate for U.S. Senate. And Hamp produced a distinguished fam- old speech he made in our senior year, just With the death of Hamilton Earl ily. During his 30-year marriage to Marilyn, before he graduated, went on to become the Holmes, it is important for us to re- he had a son who followed in his footsteps, first black student at Emory Medical School member the struggles of the past and albeit less ceremoniously, to the University and then to a distinguished career as an or- to find the courage to move forward— of Georgia, graduated and now works in com- thopedic surgeon and teacher. munications, and a daughter. Allison, also a and not fall further into the bitterness Back then, in the spring of 1963, he liked to of racism and make mistakes of the college graduate, who is in banking. Also during those 30 years, he overcame whatever talk about ‘‘The New Negro.’’ ‘‘Ours is a past. bitterness he had toward the university and competitive society,’’ he’d say. ‘‘This is true Mr. President, I ask unanimous con- became one of its biggest boosters and sup- even more so for the Negro. He must com- sent that the text of Ms. Hunter- porters. This was fairly amazing to me, espe- pete not only with other Negroes, but with Gault’s column to be printed in the cially since the two things Hamp wanted the white man. In most instances, in com- RECORD. most in college were good labs (he had al- petition for jobs and status with whites, the There being no objection, the article ways said he could get the education he Negro must have more training and be more qualified than his white counterpart if he is was ordered to be printed in the needed at Morehouse, the all-black men’s college where he had a four-year, all-ex- to beat him out of a job. If the training and RECORD, as follows: penses-paid scholarship, but the university qualifications are equal, nine out of 10 times [From the Washington Post, Oct. 31, 1995] had better facilities) and the opportunity to the job will go to the white man. This is a ONE IN A MILLION play football for the Georgia Bulldogs. The challenge to us as a race. We must not be officials at Georgia refused to let him play content to be equal, education- and training- (By Charlayne Hunter-Gault) ‘‘for his own safety.’’ But when I returned on wise, but we must strive to be superior in One of the black men who was not ‘‘one in a visit to Atlanta in the early ’80s, one of the order to be given an equal chance. This is a million’’ at the Million Man March was biggest ‘‘dawgs’’ around was Hamp, who by something that I have experienced in my Hamilton Earl Holmes. But in a real sense, if then had accepted an appointment as a short tenure at the University of Georgia. I the purpose was to have black men ‘‘stand trustee to the Georgia Foundation, the body cannot feel satisfied with just equaling the up’’—and surely no one could have thought that oversees university funding. The other average grades there. I am striving to be su- that this was the first time that has hap- day, Charles Knapp, the current president of perior in order to be accepted as an equal. If pened—Hamilton had long since pioneered in the university, called Hamilton ‘‘one of our the average is B, then I want an A. The im- standing up. And while there might have most distinguished graduates.’’ portance of superior training cannot be over- been millions cheering him on, for the most In the years since Hamp and I were joined emphasized. This is a peculiar situation, I part he stood up alone. at the hip of history, I have often had occa- know, but it is reality, and reality is some- It was in the early winter of 1961, when sion to think back to the time when we were thing that we Negroes must learn to live Hamilton Holmes, armed with a court order, fighting in federal court to win the right to with.’’ walked onto the campus of the University of attend the university. President Knapp’s Georgia and into history as the first black words sent me back to those days, when the How much would he have edited that man ever to be admitted and attend classes top officials of the university tried to keep speech for the march? Hamilton Earl Holmes there in its 170-year history. If he never did Hamp out by testifying in court that he was was not there that day to be one in a million, anything else in his life, that single act of unqualified, not because he was black. The and today we will bury him, one in a million, manly courage in the face of jeers, spitting latter would have been illegal under the 1954 to be sure, but also one of many millions of and rioting would have been enough to qual- Brown decision, and officials of the state had black men who have given more than should

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16379 have been required of any human beings, and Ford Foundation and Harvard University tices, and not every INS attempt at coopera- whose death at 54 should give us pause to will announce that Jacob’s strategy for en- tion with companies under investigation contemplate the meaning of his life, of theirs forcing immigration laws is one of 15 local, works out. ‘‘We’ve had situations where we and of the millions of black men who live on. state and federal programs receiving a get back in 30 days and no one is left,’’ Ja- $100,000 cash prize. cobs acknowledged. ‘‘But most employers f Thus is the first time that awards have feel that if ‘I don’t show I’m a team player INNOVATIVE LEADERSHIP BY THE gone to federal programs since the Ford now....’ we won’t be as cooperative the INS AGAINST ILLEGAL IMMIGRA- Foundation and Harvard’s John F. Kennedy next time we do an inspection.’’ TION School of Government began their initiative Under pressure from the Republican Con- in 1986. The awards will go to six federal and gress, the Clinton administration has been Mr. KENNEDY. Mr. President, I want nine state and local programs at a time when moving toward more aggressive enforcement to take this opportunity to call the at- a Republican-controlled Congress is cutting of the prohibition on hiring illegal immi- tention of my colleagues in Congress to federal spending and turning more responsi- grants. Still, in Jacobs’s office, fewer than a a compelling example of the kind of in- bility over to the states. dozen of the 50 agents he supervises handle novation we are seeing today by the Three of the federal programs honored this employer sanctions. Clinton administration in addressing year, such as Jacobs’s ‘‘Operation Jobs,’’ re- The notion that regulatory and enforce- the problem of illegal immigration. flect the government’s search for less puni- ment agencies like INS and the Occupational Stronger border enforcement is part tive and more effective ways to regulate Safety and Health Administration, also an business. A number of the local and state of the answer. But is obviously not the award winner this year, should create part- award winners created solutions to their nerships with the private sector ‘‘doubtless only answer. The Immigration and problems by forgoing partnerships with reflects the mood of the time,’’ said Alan Naturalization Service estimates that unions, nonprofit organizations and private- Altshuler, the director of the innovations 40 to 50 percent of the illegal aliens sector companies to deliver services cheaper program at Harvard. currently in the United States entered or more efficiently. ‘‘Good government has to be creative, in- the country legally on visitors visas In the current cost-cutting environment, novative government today,’’ Altshuler said. and other temporary visas, then re- Michael Lipsky, the Ford Foundation offi- ‘‘It is not enough to simply get rid of waste, mained illegally in the country after cial responsible for the innovations program, fraud and abuse.’’ said, ‘‘It is the deeply felt position of the their visas expired. The 15 award winners, who were selected foundation that the government deserves from a field of about 1,600, will be honored The overriding challenge we face is more recognition for creativity and ought to to remove the magnet of jobs which en- tonight at a dinner that Vice President Gore be encouraged to be better.’’ is scheduled to attend. The finalists were se- courage so many people to come to the As Debbie Blair, the personnel manager at lected by a committee headed by former United States illegally or to remain General Aluminum—a plant in Dallas that Michigan governor William G. Milliken (R) here illegally. tried Jacobs’s approach—said, ‘‘Clearly, the that included industry leaders, journalists A key element in this strategy must old tactics used by INS were not successful. and former elected officials. be to assist employers to abide by the They are thinking smarter in trying to fig- The program encountered some of Wash- law and to hire only those persons enti- ure out a new way to solve an old problem.’’ ington’s legendary red tape when it was in- tled to work in the United States. In Texas, a major INS problem has been formed that some of the federal agencies how to handle illegal immigrants, mostly being honored could not legally accept the Clearly, the INS is making progress. from Mexico, who obtain jobs with fraudu- Last week, the Ford Foundation and gifts. As a result, the $100,000 prizes will be lent papers. Although job applicants must administered by the nonprofit Council for the John F. Kennedy School of Govern- show employers documents that indicate Excellence in Government. The council will ment at Harvard announced that an they are U.S. citizens or legal residents, fed- help the agencies sponsor conferences or INS program in Dallas has won one of eral law allows candidates to choose which events to explain their programs to other this year’s Innovations in American papers from a prescribed list to present em- groups. Government Awards for its success in ployers. The awards represent a small fraction of encouraging employers to remove ille- In some cases when the INS found wide- the $268 million in grant money that the spread violations, it would secure a warrant, gal aliens from their rolls and hiring Ford Foundation gave away last year, raid a company without informing the em- Lipsky said, but provide the foundation with U.S. workers in their place. ployer and endanger its own agents as they This kind of innovation combats ille- a forum to ‘‘stand for the proposition that conducted arrests. Jacobs found, however, there is a great deal of good in government gal immigration, helps employers, and that the illegal workers quickly returned to that goes unrecognized. While no one says provides good jobs for American work- the Dallas area and got new jobs or their old government is perfect, the balance between ers. I am hopeful that as Congress con- jobs back. ‘‘That was frustrating us,’’ he positive news and negative news goes heavily siders immigration reform legislation said. toward the negative.’’ in the coming weeks, we can encourage So Jacobs, keeping in step with INS policy more new approaches like this to com- to work toward increasing voluntary compli- ance with the law, threw out his idea for f bating illegal immigration. ‘‘Operation Jobs’’ at a staff meeting one day Mr. President, I ask unanimous con- and, after a few false starts, his Dallas office THE BAD DEBT BOXSCORE sent that an article from the Wash- created a system linking the INS to police ington Post describing the Dallas INS and community groups. The INS ‘‘treats the Mr. HELMS. Mr. President, on that initiative be printed in the RECORD. employer as the client rather than the evening in 1972 when I first was elected There being no objection, the article enemy,’’ he said. to the Senate, I made a commitment to was ordered to be printed in the Moving beyond its traditional enforcement myself that I would never fail to see a RECORD, as follows: functions, the Dallas INS office began put- young person, or a group of young peo- ting employers in touch with city social [From the Washington Post, Oct. 26, 1995] ple, who wanted to see me. service programs, refugee assistance groups FOUNDATION AWARDS HONOR 15 CREATIVE and other community agencies that try to It has proved enormously beneficial GOVERNMENT PROGRAMS find jobs for laid-off workers, legal immi- to me because I have been inspired by (By Stephen Barr) grants or school dropouts. To avert financial the estimated 60,000 young people with When the Immigration and Naturalization losses, companies are given time to recruit whom I have visited during the nearly Service discovered 220 illegal immigrants and train the new hires, writhe the under- 23 years I have been in the Senate. were working at a Dallas plant that makes standing that at a pre-arranged time the INS Most of them have been concerned will show up to make arrests. aluminum windows and doors, INS agents that the total Federal debt which is $27 ‘‘Everybody wins on all sides,’’ said Tina could have raided the plant and deported the billion shy of $5 trillion—which we will workers. But a raid might have put the com- Jenkins, a Tarrant County official who helps pany out of business. out-of-work residents get emergency assist- pass this year. Of course, Congress is So INS assistant district director Neil Ja- ance for rent and utilities. ‘‘We get people responsible for creating this mon- cobs offered the company a ‘‘common-sense employed, the employer is happy, and it’s strosity for which the coming genera- approach’’ to the problem. Rather than treat good p.r. for INS—they aren’t looked at as tions will have to pay. the company as the enemy, he gave it 60 the bad guys.’’ The young people and I almost al- days to recruit replacement workers from Jacobs estimates that about 50 companies ways discuss the fact that under the have participated in Operations Jobs over Dallas-area community and welfare pro- U.S. Constitution, no President can grams. When the deadline arrived, the INS the last two years, providing residents of made its arrests and the company averted a North Texas about 3,000 jobs that previously spend a dime of Federal money that shutdown. were held by undocumented workers. has not first been authorized and ap- Today, the Innovations in American Gov- Many companies, of course, gamble that propriated by both the House and Sen- ernment awards program sponsored by the INS will never learn about their hiring prac- ate of the United States.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16380 CONGRESSIONAL RECORD — SENATE October 31, 1995 That is why I began making these sult in unacceptable delay as we rehash most that we must keep this legislation daily reports to the Senate on Feb- issues resolved through hours, days, grounded in strong, straightforward Repub- ruary 25, 1992. I wanted to make a mat- weeks and months of negotiation and lican principles of competition and deregula- ter of daily record of the precise size of committee and floor votes at earlier tion. Sincerely, the Federal debt which as of yesterday, points in this long process. BOB DOLE, Monday, October 30, stood at I am convinced we can rapidly move United States Senate. $4,975,234,385,762.72 or $18,886.08 for this conference forward due to the every man, woman, and child in Amer- striking degree of similarity between f ica on a per capita basis. the two bills. Moreover, we have the The increase in the national debt strong support and commitment from since my most recent report this past the leadership in both Chambers to act EVERGREEN MARINE GROUP: Friday—which identified the total Fed- this year. CELEBRATING 20 YEARS OF eral debt as of the close of business on The time has long passed since Con- SERVICE IN CHARLESTON Thursday, October 26, 1995—shows an gress needed to reassert its rightful Mr. HOLLINGS. Mr. President, I rise increase of $1,559,581,857.19 during that place in establishing national tele- today to pay tribute to the role Ever- 4-day period. That 4-day increase is communications policy. Dozens of lines green Marine Group has played in the equivalent to the amount of money of business restrictions carve up tele- economic development of my home needed by 231,255 students to pay their communications and forbid competi- city, State, and region over the past 20 college tuitions for 4 years. tion. Meanwhile, once separate and dis- years. tinct industry segments have become f indistinguishable due to digital tech- The M/V Ever Spring sailed into THE TELECOMMUNICATIONS COM- nology. Yet the regulatory apartheid Charleston harbor on October 21, 1975. PETITION AND DEREGULATION regime remains. This first vessel began what was to be- ACT OF 1995 The conference on telecommuni- come a long and prosperous relation- Mr. PRESSLER. Mr. President, I cations reform will produce a report to ship. In its first year of operations in want to take a few moments to update change all that. We will open all tele- Charleston, Evergreen carried 45,000 my colleagues on the progress we are communications markets to competi- tons of cargo on 19 ships through the making on telecommunications reform tion. The result will be a procom- port. Last year, Evergreen carried over in the 104th Congress. Last Wednesday petitive, deregulatory and balanced re- 1.5 million tons on more than 100 ships morning I had the honor of chairing gime. Competition and deregulation, through Charleston. after all, are the only sure-fire ways to the organizational meeting of the Sen- Cargo ships reflect incredible invest- ensure: an explosion of new tech- ate-House conference on S. 652, the ments by the ocean carrier and provide nologies and choices for consumers, Telecommunications Competition and many opportunities for economic de- Deregulation Act of 1995. massive new market investment, captialization, and job creation, lower velopment in the regions they serve. It was truly a historic day. We began prices for telecommunications prod- They represent the equivalent of float- the final stage of enacting comprehen- ucts and services, and an end to mo- ing factories, adding value to products sive telecommunications deregulation nopolies and media concentration. by delivering them where they are legislation—the most significant and needed, when needed. Few Americans profound change in our Nation’s tele- The legislation we are crafting is, simply put, the most comprehensive realize that 95 percent of our inter- communications policy and law in over national trade moves by ship. 60 years. deregulation of the telecommuni- cations industry in American history. As conference chairman, I will con- Evergreen’s services in Charleston It will promote advanced telecommuni- tinue—as I have throughout this long have allowed business and personal re- cations, information networks and process—to work in an open, inclusive, lationships to grow and prosper. The other resources in such a manner as to and bipartisan fashion with all of my trading relationships forged between ensure America remains the envy of Senate and House colleagues. In par- companies in geographically distanced the world. In order to maintain our ticular, I want to thank the Senate nations work to bind our world. More world leadership position in commu- Commerce Committee’s ranking Demo- than just raw materials, parts and fin- nications, however, we need this legis- cratic member, Senator FRITZ HOL- ished goods flow across the oceans— lation and we need it now. LINGS of South Carolina, for his leader- ideas, culture and shared personal ex- ship and willingness to work coopera- Mr. President, I was pleased to re- periences make us more aware and con- tively with me at each stage of this ceive a letter from the majority leader, siderate of the world in which we live. Senator BOB DOLE, reiterating his de- process. Evergreen began its first scheduled sire to complete action on the tele- I also heartily applaud the tremen- communications reform bill prior to container service in 1975, linking Asia dous work of our House colleagues in adjourning for the year. This is en- with Charleston and the U.S. east helping get us to this stage of the proc- tirely consistent with my stated inten- coast. Ten years later, Evergreen began ess. I very much look forward to work- tion from the very beginning of this the industry’s first two-way, round- ing closely with them under the able process—to enact a new telecommuni- the-world service. Today, the company leadership of Commerce Committee cations deregulation law in 1995. operates in almost every trading mar- Chairman TOM BLILEY, and ranking Mr. President, I ask unanimous con- ket on our globe. Evergreen has also di- Democrat JOHN DINGELL, Tele- sent to have the letter from Senator versified into other areas, such as real communications Subcommittee Chair- estate and aviation, becoming the first DOLE printed in the RECORD. man JACK FIELDS, and ranking Demo- There being no objection, the letter private, international air carrier in crat ED MARKEY, and Judiciary Com- was ordered to be printed in the Taiwan. mittee Chairman HENRY HYDE, and RECORD, as follows: Yung-fa Chang, Evergreen’s founder, ranking Democrat JOHN CONYERS. has used hard work, tireless dedication Let me also add that I look forward OCTOBER 25, 1995. Hon. LARRY PRESSLER, to the customer and support of those to working with President Clinton, Chairman, U.S. Senate Committee on Commerce, who are working toward the common Vice President GORE, and others in the Senate Russell Building, Washington, DC. executive branch. I have welcomed the goal as the cornerstones of Evergreen’s DEAR LARRY, Thank you for all your hard success. This past spring my home administration’s input from the begin- work on telecommunications reform. The ning of the process. year has been long, but we have moved faster State’s University of South Carolina, site of the Nation’s highest ranking I am firmly committed to moving and farther than anyone expected us to. It international business program, award- this conference forward as rapidly as remains my desire to pass a final bill before we adjourn this session. ed him an honorary doctor of business possible. In order to move quickly, The next few weeks are critical and no however, we must remain within the administration, a testament to his doubt will be intense. I would appreciate achievements. confines of the two bills before us. To your keeping me and David Wilson informed do otherwise would be like opening the on the progress of the telecommunications Charleston is one of the most dy- proverbial Pandora’s box. It would re- conference committee. You know better than namic and fastest growing regions in

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16381 the country, attracting capital invest- Only then will Israelis and Palestinians great significance for the international ment and interest from around the establish a truly lasting peace. world order. The subject is the Inter- globe and we are proud to have Ever- On a symbolic level, MEPFA is a national War Crimes Tribunal for the green be a part of our community. We very powerful instrument. MEPFA former Yugoslavia, a body which can are appreciative of the commitment symbolizes the U.S. commitment to be contribute greatly to the reconcili- Evergreen has made to our area and the honest broker of the peace process. ation of the parties to this brutal con- MEPFA is a signal to the Palestin- look forward to continued success to- flict. As a guarantor of respect for the gether. ians—and indeed to the rest of the rule of law and for the protection of Mr. PELL addressed the Chair. world—that the United States is will- human rights, this tribunal supports The PRESIDING OFFICER. The Sen- ing to suspend its laws against the PLO ator from Rhode Island. to give peace a real chance. In a cer- the principles upon which any lasting tain sense, it resembles the dictum put peace must be founded. As the peace f forth during the Reagan administra- negotiations among the Bosnian Serbs, MIDDLE EAST PEACE tion regarding the former Soviet Croats, and Moslems begin tomorrow FACILITATION ACT Union—‘‘trust, but verify.’’ In effect, in Dayton, OH, today is an opportune Mr. PELL. Mr. President, I am in- we have said to the Palestinians we time to reaffirm that the work of the formed that there will be a Republican will trust them to fulfill their agree- tribunal is a separate but equally im- objection to the unanimous-consent re- ments, and that they will receive our portant step in the effort to rebuild quest regarding the short-term exten- blessing as long as they remain faith- civil society in the region. No matter sion of the Middle East Peace Facilita- ful. the outcome of this round of negotia- The objection lodged earlier today tion Act, also known as MEPFA. tions, the work of the War Crimes Tri- puts all of that at risk. Our Republican MEPFA was enacted by the Congress bunal must go forward with strong U.S. colleagues are endangering the Middle in 1994, to give the President much- support. needed flexibility to help Israel and the East peace process by refusing to allow Palestinians implement their historic a brief, short-term extension of current Mr. President, over the last few days, peace treaty. Under the terms of laws. At a time when our traditional we have been horrified by a series of MEPFA, the President can waive cer- ally, Israel, is taking enormous risks front page stories and photos of the for peace, the objection sends just the tain restrictions against the PLO. In terrible atrocities that have occurred wrong signal. The objection says that essence, this means the President can in Bosnia. These press reports indicate some of us are unwilling to support our provide assistance to the Palestinians, that United States intelligence has best friend in the Middle East, at the and the PLO can operate an office in been instrumental in locating mass very time it needs us the most. the United States. It is even more perplexing to realize graves in Bosnia. Those revelations, MEPFA is a vital component of that the Senate has already debated, when paired with refugee accounts of American support for the peace proc- and for all intents and purposes, re- the terrifying trek from Srebrenica to ess—both practically and symbolically. solved the substance of this issue. The Central Bosnia, suggest that hundreds, On a practical level, U.S. assistance for Senate passed a long-term extension of perhaps thousands, of Moslem men and the Palestinians has helped the fledg- MEPFA as part of the foreign oper- boys were murdered by the Bosnian ling Palestinian Authority to get off ations bill, and this short-term exten- Serbs. The United States should place the dime and provide desperately need- sion is only necessary to get us to the a high priority on collecting informa- ed services to the people of the West point where the foreign ops bill be- tion related to these atrocities and on Bank and Gaza. Both Israeli and Pales- comes law. tinian officials agree that if their peace making all evidence available to the Under these circumstances, its hard War Crimes Tribunal. Just as the tri- agreement is to succeed, there must be to imagine that the objection raised bunals at Nuremberg punished the ag- a dramatic improvement in the every- goes directly to the merits of the bill. gressors and facilitated the reconcili- day lives of the Palestinian people. I would hope that the points I have They must be aware of the fruits of made would help to convince my col- ation efforts after World War II, so too peace. leagues of the importance of acting on must this War Crimes Tribunal redress U.S. assistance, much of which is this measure today, and if possible, im- the horrors that have occurred in Bos- channeled through the World Bank’s mediately. nia. I am proud to say that my father, fund for the Palestinians, has helped It troubles me that there is a willing- the late Herbert C. Pell, a former Con- the donor community secure additional ness among some of my colleagues to gressman from New York City, was funding from other sources. With the jeopardize the Middle East peace proc- President Franklin Roosevelt’s rep- United States leading by example, ess. I would hope on an issue of such resentative on the U.N. War Crimes other nations have come forth with sig- critical importance to our Nation’s se- Commission that laid the groundwork nificant donations to help the Palestin- curity, we could put aside differences for the establishment of the Nuremberg ians. and deal directly with the matter at tribunal. Today, we must support this The United States has also used hand. new tribunal to ensure that the injus- MEPFA to influence the Palestinian I am very concerned that we are run- leadership to move in certain direc- ning out of time—MEPFA expires at tices of the war in Bosnia are cor- tions. MEPFA guarantees that our aid midnight tonight, and the House could rected. be transferred only if the Palestinians go into recess early this evening. I The objectives of the tribunal are are complying with the letter and spir- hope very much that we can resolve threefold: To deter further crimes by it of their peace agreements with this issue quickly, but if we cannot, the war parties, to punish those re- Israel. Using our assistance as lever- there should be no doubt about the sponsible for war crimes, and to ensure age, the United States has been able to consequences and about where the re- justice during and after the process of ensure that the Palestinians stand by sponsibility lies. I am ready to pass reconciliation and reconstruction of their word on critical issues such as this short-term extension here and Bosnia. Through the public identifica- preventing terrorism against Israel. now, and in all sincerety, I would ask tion, trial, and conviction of war crimi- Israel’s leaders have said that the anyone with an objection to come to nals, the international community Palestinians are doing much better the floor so that we might reach an when it comes to preventing terrorism, agreement. hopes to contribute to the peace proc- ess by demonstrating the strength and a fact which United States officials f confirm. And that, in my view, is the effectiveness of international human bottom line for the success of the THE INTERNATIONAL WAR CRIMES rights law. The U.N. Security Council Israel-PLO peace treaty. If the PLO TRIBUNAL FOR THE FORMER created the tribunal in May of 1993, and prevents acts of terrorism, then YUGOSLAVIA the court convened for the first time in Israelis will feel more secure, more Mr. PELL. Mr. President, today I November of that year. Yet the comfortable with the peace agreement. wish to address an issue which holds progress of the tribunal has been slow.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16382 CONGRESSIONAL RECORD — SENATE October 31, 1995 While 42 Serbs and one Croat have been Mr. BUMPERS. Mr. President, I ask mining companies are going to take off indicated by the tribunal, only one per- unanimous consent that further pro- the land in the next 7 years—Federal son is actually in custody. The difficul- ceedings under the quorum call be dis- lands, patented and unpatented? I will ties of taking defendants into custody pensed with. tell you what it is: tens of billions of are manifold, but this is not the only The PRESIDING OFFICER. Without dollars of gold, silver, platinum, and reason for the lack of progress. objection, it is so ordered. palladium. And in exchange the tax- The biggest obstacle facing the tri- f payers of this country will receive less bunal is funding. Recently, Secretary- than $5 million per year. General Boutros Boutros-Ghali placed THE 1872 MINING LAW restrictions on the work of many U.N. In the 123-year period, since the min- Mr. BUMPERS. Mr. President, I have agencies—including the tribunal—to ing law of 1872 was signed by Ulysses just come from the second conference avoid a financial crisis in the United Grant, the mining companies have ex- committee meeting on Interior appro- Nations. These fiscal restraints have tracted in today’s dollars, according to priations. As you recall, in the first seriously affected the tribunal by freez- the Mineral Policy Center, $241 bil- conference committee report there was ing the revenues needed to fund its lion—not million, billion—worth of a provision to take the existing mora- work. Unfortunately, much of the re- gold, silver, platinum, palladium, and torium on mining patents away so that sponsibility for the U.N.’s debt can be other hard rock minerals. What has the Bureau of Land Management would laid at our own door. Throughout my poor old Uncle Sugar, Uncle Sucker start issuing patents again. tenure as chairman of the Committee gotten for that $240 billion worth of Just for background information, the on Foreign Relations, I consistently ar- hard rock minerals? Zip, zero, nothing. gued against the mounting American provision last year prevented the Inte- debt to the United Nations that today rior Department from accepting new The argument is made that the min- has reached $1.2 billion. Today, despite patent applications and prohibited In- ing companies create jobs, and they do. significant efforts on the part of the terior from processing existing applica- So does General Motors; so does RCA; U.N. Secretariat to meet American de- tions except those 393 applications so does General Electric. But we do not mands for reforming its bureaucracy, which had gotten relatively far in the build billion-dollar buildings for those Congress is again voting for cuts in process. people to manufacture in, conditioned funding for the United Nations and its Today, the conference committee ef- on them hiring somebody. fectively rejected the patent morato- agencies. It is the most incredible thing. This rium even though when the original A serious consequence for the tri- is the seventh year I have fought this conference committee submitted its re- bunal of this loss of funding is the post- battle. In 1991, I came close. I came ponement announced last week of the port to the House of Representatives, the House voted almost two to one not within one vote of stopping this. What only trial actually scheduled on the do you think happened after that? The court’s docket. Lawyers for Dusan to accept it and to send it back to the conference committee between the number of applicants for patents on Tadic, who is current the sole defend- lands skyrocketed. It scared the life ant in custody at The Hague, have re- House and the Senate to rework the out of the mining companies. I remem- quested and received a postponement of mining patent provision. Well, they re- ber the Stillwater Mining Co., which the trial until next year because of a worked it. They reworked it with was owned by a couple of paupers lack of resources needed to prepare an Saran Wrap. It is so transparent that it called Manville and Chevron. They ap- adequate defense. Justice Richard does not even pass the giggle test. Goldston, the chief prosecutor for the What is so transparent about it? The plied for their patents on 2,000 acres of tribunal, has warned that the court new conference report says, we will land in Montana 4 days after I came will be unable to guarantee the continue the moratorium that we had within one vote of winning this battle. accused’s right to a fair and speedy last year until either: No. 1, the Presi- What do you think there is under the trial without the appropriate re- dent signs a reconciliation bill that re- 2,000 acres? There is $38 billion worth of sources. In addition, the tribunal has lates —think of it—to patenting and platinum and palladium. That is their already been unable to send investiga- royalties; or No. 2, both the House and figure, not mine. They are the ones tors into the field or to recruit lawyers the Senate pass another piece of legis- that say it is worth $38 billion. Two or and other personnel. Clearly, under the lation relating to royalties, patenting three years ago representatives of current financial crisis, the principles and reclamation, even if the President Stillwater came to my office and said of the tribunal could be compromised. vetoes that bill. their situation was very dicy. ‘‘We are Therefore, Mr. President, I believe Mr. President, royalties, reclama- just not sure we can open this up. It that the United States should continue tion, and patenting are all in the rec- may not be profitable.’’ onciliation bill. They are scams, but to offer financial and political support So what happened? Last year Man- they are in there. And so if the rec- for the War Crimes Tribunal for the ville bought Chevron’s interest in the former Yugoslavia. Last year, I sup- onciliation bill is signed into law or if mine and just recently Manville sold ported Senator LEAHY’s amendment to Congress includes the same sham pro- its interest to a group of public inves- the 1995 foreign operations appropria- visions on another bill, the morato- tors for $110 million plus a 5-percent tions bill that offered $25 million in rium is off. The 233 patent applications royalty. They can deal with each other goods and commodities to the United that we have told BLM they cannot go Nations for its efforts to investigate forward with will be processed, will ul- and retain overrides of 5 percent. But if war crimes. Our contributions have timately be granted, and the mining you suggest they pay Uncle Sucker 1 been deeply appreciated and well used companies will receive thousands of percent, the hue and cry goes up in this by the tribunal in its work. I would acres of land containing billions of dol- body as though you have just defamed urge my colleagues to continue this lars worth of gold, silver, platinum and the Holy Bible. type of support and demonstrate our palladium, for which the U.S. Govern- When I said a moment ago that the firm commitment to international ment will not receive one red cent. Let provisions in the reconciliation bill human rights law. As the world waits me strike that. They will receive a red were a scam, so transparent they would for the results of the negotiations in cent. The reconciliation bill has a roy- not even pass the giggle test, there is a Ohio this week, let us remember that alty provision. It will provide $18 mil- provision in the reconciliation bill that the work of the International War lion to the Treasury over the next 7 is even worse, which says that the min- years. Crimes Tribunal is of equal signifi- ing companies will pay ‘‘fair market cance in the reconstruction of the I will let you be the judges, Mr. value.’’ State of Bosnia. President and colleagues, is this a Mr. President, I suggest the absence scam on the American people or not? Now, does that not sound reasonable? of a quorum. Under the reconciliation bill, if these You can go home and tell the Chamber The PRESIDING OFFICER. The provisions stay, the Government will of Commerce where they know nothing clerk will call the roll. receive $18 million in royalties on Fed- about this mining legislation, and The assistant legislative clerk pro- eral lands that are mined over the next somebody raises the issue: ‘‘But, Sen- ceeded to call the roll. 7 years. How much do you think the ator, how can you vote to give billions

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16383 of dollars worth of gold and silver away pregnant girls. Yes, I talked to a doc- due yesterday, and this administration that belong to the taxpayers and not tor Saturday afternoon who told me told Mexico they did not have to make get a dime in return? The mining com- about witnessing the delivery of a baby the payment on time—maybe later. panies are happy to pay up to 24 per- of an 11-year-old. When I ran for the Senate in 1992, I cent to private owners, but not one Go to any indigent hospitals and find said that I wanted to bring more com- thin dime to the Federal Government. out what is going on in the world. We mon sense to Washington. This is a How can you justify that?’’ will take care of that. We will teach perfect example of our misplaced prior- Mr. Politician says: ‘‘I tell you how I them reliance, independence. We will ities, and our sense of fiscal responsi- justify it. I am going to make them make good citizens out of them. We are pay and I have voted to make them pay going to cut their school lunches. We bility. fair market value.’’ are going to cut Medicaid. Mexico owes us over $1 billion—due Mr. Chamber of Commerce ques- If you happen to want a college edu- yesterday and they do not have to pay. tioner says: ‘‘That sounds like a fair cation, we are cutting education by 30 Even though the United Nations is deal to me.’’ percent—the most massive cut in the den of waste and abuse with no reforms That is the end of the story, except history of the world in education. We in sight, this waste and abuse has been for one little thing. Fair market value are going to cut Head Start. We are going on for a long time. is defined as the surface, not the min- going to cut school breakfasts when erals. teachers tell me oftentimes that is the On October 19, I introduced a sense- So Stillwater Mining Co. which has only decent meal the child gets during of-the-Senate, Resolution 185, that 38 billion dollars’ worth of platinum the day. Mexico should repay its debts to the and palladium under their 2,000 acres What are we going to do for the min- United States on time and in full. will pay $10,000 under current law, and ing companies? We are going to give None of these debts should be reduced once the fair market value goes into ef- them carte blanche to mine all the or rescheduled. The sense-of-the-Sen- fect they pay $200,000, or $100 per acre. hard rock minerals they want to mine ate also says that no further loans Is that not something? Mr. President, off of Federal lands that belong to the should be made to Mexico without spe- $100 an acre for 2,000 acres of land, and taxpayers. Is that called corporate wel- cific congressional approval. the taxpayers of this country get the fare? How can you call it anything shaft again. else? Mr. President, 2 weeks ago, in a big When you say ‘‘fair market value,’’ I How can anybody with a straight public relations move, Mexico made a have a proposition for the mining com- face say we will balance the budget, $700 million repayment on the $12.5 bil- panies: I would like to offer an amend- and we are going to do it off the backs lion in loans that it owes to the United ment here for my colleagues to vote of the people who can least afford it, States. However, Mexico owed the on, reversing fair market value. Define and we are going to give a $250 billion United States $2 billion on October 30, fair market value as the minerals, and tax cut which is really a tax break for 1995. we will give you the surface. They the wealthiest people in America. By paying the $700 million early, would knock that door down over there Many people who make less than they planned—and it worked—to avoid getting out of here. $25,000 a year and have children will making the full payment, the remain- Do you think they do not know what never get a dime. If you have a wife ing $1.3 billion, on October 30. Mexico they are doing? Do you think the Sen- and two children and you are making bet correctly. This administration told ators who come in here and offer these $100,000 a year and paying $10,000 in them they did not have to pay. They outrageous proposals do not know what taxes, you get the whole smear. If you could roll over the payment. they are doing? I invite anybody to ask have a wife and four children making any Senator to explain one simple $20,000 or $25,000 a year and you pay no Mr. President, if Mexico does not question: Why is it, Senator, that the income tax, you do not get a dime. make these payments on time in the mining companies are willing to pay What kind of tax equity, tax fairness beginning, these so called loans will the States royalties to mine hard rock is that? There is something seriously quickly become foreign aid—they will minerals on State lands, why is it they wrong in this Congress and there is not be paid off. are willing to pay up to 24 percent roy- something seriously wrong in this The Congress did not vote for foreign alties on private lands, but if you sug- country when we routinely and almost aid. The American taxpayer cannot af- gest a 1 percent royalty on Federal cavalierly allow these giant mining ford more foreign aid. And the loans to lands, they are all going to go broke, companies all these hard rock min- Mexico should not become foreign aid. shut down, and throw all those poor in- erals—billions of dollars worth every nocent people out of a job? I invite any year—for nothing in exchange and pe- The bulk of the United States loans Senator to come to the floor and an- nalize the most vulnerable people in to Mexico do not come due until 1997. swer that question. America. They will not be fully repaid until the Mr. President, 135 years is long I do not often agree with the senior year 2000. But if Mexico cannot repay enough. I thought maybe we could de- Senator from Texas, Senator GRAMM. its short term loans on time—then I do velop a little shame, so I raised the However, when he says he wants every- not have any hope that the loans com- issue. How can you vote to cut $270 bil- body to start getting out of the wagon ing due in 1997 through 2000 will ever be lion in Medicare for the elderly for and help pull, I could not agree more. I repaid. They will roll it over into for- their health care? Do not give me that say to these big corporate mining com- eign aid. wordsmith junk about how we are not panies, many of which are foreign This particular $2 billion loan has cutting, we are just slowing the owned, get out of the back of the been extended now three times. This is growth. wagon and help the rest of us pull. an outrage. And what makes it worse is Mr. President, 75 percent of the peo- I suggest the absence of a quorum. that the administration wants to throw ple on this country over 75 on Social The PRESIDING OFFICER (Mr. away another $1 billion of taxpayers Security live on less than $25,000 a THOMPSON). The clerk will call the roll. money, this time on the United Na- year. They are scared to death they The legislative clerk proceeded to tions. will have a toothache and have to have call the roll. a root canal. They are terrified of a Mr. FAIRCLOTH. Mr. President, I The United Nations has a huge bu- cancer diagnosis, which they know will ask unanimous consent that the order reaucracy. In 1993, the Bush adminis- break them even if they are covered by for the quorum call be rescinded. tration found that the United Nations Medicare. Mr. President, 50 percent go The PRESIDING OFFICER. Without has no means by which to stop waste, to bed terrified at night even thinking objection, it is so ordered. fraud, and abuse by its employees. Mr. about the possibility. Mr. FAIRCLOTH. Mr. President, President, salaries for the 53,000 U.N. So we routinely cut $270 billion from today I was stunned to see that the bureaucrats are 24 percent higher than Medicare for the elderly. We cut Med- United States will consider paying $1 for our civil servants. We are the ones icaid for the poorest of the poor. There billion to the United Nations. paying the bills. They have a $12 billion were even proposals to cut out Medi- I was stunned because Mexico owes retirement fund at the United Nations. care-Medicaid benefits for 13-year-old the United States $1.3 billion—it was The Secretary General makes more

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16384 CONGRESSIONAL RECORD — SENATE October 31, 1995 than our President. And we are sending having met, after full and free conference, pendent agencies, and the nondefense money to support that type of extrava- have agreed to recommend and do rec- activities of the Department of Energy, gance. ommend to their respective Houses this re- the conference bill provides port, signed by a majority of the conferees. These U.N. conferences are a waste of $8,679,853,000. This amount is money and are boondoggles. There is The PRESIDING OFFICER. Without $766,408,000 below the budget request no better description of them than a objection, the Senate will proceed to and $1,259,366,000 below the current boondoggle. In 1996, one is planned in the consideration of the conference re- level. Istanbul called a City Summit held to port. Due to this dramatic reduction in address urban problems. One was held (The conference report is printed in last March in Copenhagen called a So- the House proceedings of the RECORD of nondefense spending, our ability to cial Summit. From what we hear it October 26, 1995.) fund new initiatives is extremely lim- was quite the social occasion. And we Mr. DOMENICI. Mr. President, it is ited, and most existing programs are all know about the cost of the Woman’s my understanding that there will be a cut significantly below both the cur- Conference held in Communist China request for a rollcall vote on the adop- rent year and the President’s request. in September. tion of this conference report. There- The conference bill makes significant The highlight of the 50th anniversary fore, I am advised in behalf of the lead- reductions in the Army Corps of Engi- celebration was their invitation to er that there will be another vote neers, the Bureau of Reclamation, Fidel Castro—a Communist dictator— today expected on this conference re- solar and renewable energy, the Appa- who got applause when he asked the port. We will work it as expeditiously lachian Regional Commission, and the United States to end the embargo as we can. But I understand one Sen- Tennessee Valley Authority. against Cuba. I am sure this celebra- ator wants to speak and will not be here until around 5 o’clock. So we will We have made some very difficult de- tion cost the United States a huge sum cisions in the nondefense activities of of money. And that is what we will be not finish any sooner than that. Does the Senator from Arkansas wish the Department of Energy. However, paying for with the $1 billion they plan we have done our best to protect the to send. to speak? Mr. PRYOR. Mr. President, I thank basic science research capabilities of Further, Mr. President, there are the Department of Energy. While we now 16 U.N. peacekeeping operations the Senator from New Mexico. I think he just answered my question. I was have made significant reductions in the around the world that are costing us areas mentioned above, we have held over $1 billion a year. just going to ask the Senator from New Mexico if he could give us approxi- the line on biological and environ- The fact is that over the last 50 years mately the time for a vote. I guess it mental research, basic energy sciences, we have paid the United Nations $96 would be sometime after 5. high energy physics, and nuclear en- billion. Current estimates are that we I thank the Senator. ergy. still pay 40 percent of the United Na- Mr. DOMENICI. I thank the Senator tions budget. We still pay 40 percent of These are the fundamental basic very much. U.N. budget. Yet, when a Communist science missions of the Department of Mr. President, I have a brief state- dictator stands up to criticize this Energy that we must maintain to en- ment, and I believe Senator JOHNSTON country, he gets a standing ovation. sure the best possible future for the will have a statement. And then we Mr. President, the point of all this is Nation. These are missions relating to will proceed with questions and some the United States should be concen- such areas as the human genome pro- colloquies. trating on collecting the money that is Mr. President, I am pleased to gram and other medical research ac- owed us and not finding ways to send present the conference report on the tivities, global environmental re- more out. Instead, the Clinton adminis- fiscal year 1995 energy and water devel- search, materials and chemical tration spends its time and effort try- opment appropriations bill. This con- sciences, and the physical sciences. ing to appease the United Nations—and ference report on the bill, H.R. 1905, finds ways to spend tax dollars. Title I of the conference bill provides passed the House of Representatives appropriations for the U.S. Army Corps I want to put this administration on earlier today, October 31, 1995, by a of Engineers’ Civil Works Program. notice that I will do everything I can vote of 402 yeas to 24 nays. to stop the United Nations from get- The conference agreement provides The conference on this bill was held $3,201,272,000, which is $106,178,000 less ting this money until Mexico pays us on October 24 and 25, 1995, and the con- back in full and on time. than the budget request and $137,647,000 ference report was printed in the CON- less than the current enacted level. Mr. President, I thank you. GRESSIONAL RECORD of October 26, 1995. I suggest the absence of a quorum. Since that time, the printed conference For title II, the Department of the The PRESIDING OFFICER. The report has been available. Therefore, I Interior, the conference agreement in- clerk will call the roll. will not elaborate on the disposition of cludes a total of $844,342,000. This is The legislative clerk proceeded to all the items agreed to in conference. $11,325,000 above the budget request and call the roll. The conference agreement provides a $27,057,000 below the current level. Mr. DOMENICI. Mr. President, I ask total of $19,336,311,000 in new budget Within this total, the bill provides unanimous consent that the order for obligational authority. This amount is $800,203,000 for the Bureau of Reclama- the quorum call be rescinded. $1,225,733,000 less than the President’s tion, which is $11,325,000 more than the The PRESIDING OFFICER. Without budget request and $706,688,000 less budget request and $31,033,000 less than objection, it is so ordered. than the enacted, fiscal year 1995 level. the current level. f It is $653,854,000 over the House passed A total of $15,389,490,000 is provided in bill, and $832,841,000 below the Senate title III for the Department of Energy ENERGY AND WATER DEVELOP- passed bill. programs, projects, and activities. Of MENT APPROPRIATIONS ACT, As you know, there are two principle this amount, $10,639,458,000 is provided 1996—CONFERENCE REPORT functions within the Energy and Water for atomic energy defense activities, Mr. DOMENICI. Mr. President, I sub- Development appropriations bill. These which is $457,825,000 below the Presi- mit a report of the committee con- functions are separated into defense dent’s budget request and $553,611,000 ference on H.R. 1905 and ask for its im- and domestic discretionary accounts. above the current appropriated level. mediate consideration. The bill provides $10,656,458,000 in de- Included in the total provided for The PRESIDING OFFICER. The re- fense discretionary budget authority atomic energy defense activities is port will be stated. for the Department of Energy’s atomic $5,557,532,000 for defense environmental The legislative clerk read as follows: energy defense activities. This amount is $459,325,000 below the budget request restoration and waste management. The committee of conference on the dis- but $552,678,000 above the current level. This amount is $429,204,000 below the agreeing votes of the two Houses on the amendments of the Senate to the bill (H.R. For domestic discretionary accounts, budget request but $664,841,000 above 1905) making appropriations for energy and which include the U.S. Army Corps of the current level. The increase over the water development for the fiscal year ending Engineer’s Civil Works Program, the 1995 appropriation results primarily September 30, 1996, and for other purposes, Bureau of Reclamation, several inde- from the transfer of facilities from the

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16385 old materials production account to period with reference to our nuclear de- that I have undertaken to work on this the Defense Environmental Restora- terrent capabilities and we are in a appropriations bill with him. By and tion and Waste Management program. transition period as to what we are large, he has produced, considering the The conference action on DOE’s De- going to do for the next 40 years as we challenges, an excellent bill, for which fense Environmental Management Pro- build down our nuclear arsenal and at- I congratulate him. I congratulate his gram seeks, to the extent possible, to tempt to safeguard it and maintain it staff as well. Our staffs have worked protect funding necessary to meet ex- and make sure that our nuclear deter- together as a team. I have worked to- isting cleanup milestones established rent capability remains inviolate for gether as a team with him to produce in compliance agreements. The con- the next 20 to 40 years. this bill. So I have great praise for him ference agreement also seeks to reduce A new approach to this is being and great admiration for him, and I Environmental Management Program taken in this bill. The roots are being might say great affection for him all at personnel at headquarters, where prac- laid for a concept called a science- the same time. ticable, in an effort to apply available based stockpile stewardship program Now, as sometimes is customary in dollars to the cleanup effort. wherein the three defense nuclear lab- this body, pride goeth before a fall and Title IV, which includes appropria- oratories—Livermore, Los Alamos, and praise goeth before criticism, and while tions for the Tennessee Valley Author- Sandia—will lead the defense activities I mean every word of the praise, Mr. ity, the Appalachian Regional Commis- in the preservation and safekeeping of President, I am here to say that I can- sion, the Nuclear Regulatory Commis- the nuclear deterrent stockpile. This not vote for the bill because of one par- sion, and other independent agencies, requires some new scientific capabili- ticular area of this bill, which is called provides $311,550,000 in budget author- ties because of one additional fact. nuclear waste. ity. This amount is $57,513,000 below That is, currently the United States Mr. President, the conference agree- the President’s request and $143,859,000 has agreed that we will have no more ment on the fiscal year 1996 energy and below the current year’s level. underground testing of nuclear weap- water development appropriation bill, I recommend to the Senate that this ons. That used to be done in order to H.R. 1905, provides $19,336,311,000 in new conference report be approved prompt- calibrate, in order to determine safety, budget obligational authority, includ- ly in order to complete action on this wellbeing, longevity, and all kinds of ing scorekeeping adjustments. This appropriations bill and clear it for the things with reference to the system; amount is $707 million less than fiscal President’s consideration and approval. that is, the nuclear deterrent system. year 1995 appropriations, and is $1.225 It is our understanding that the Presi- We have decided as a nation not to do billion less than the President’s budget dent will sign this bill. that, and so the science-based stockpile request for this bill. The agreement is Mr. President, the House and Senate stewardship program requires that we $654 million more than the bill as have worked hard for several weeks engage the best of our science in pro- passed by the House, but $833 million and have agreed upon a conference pro- ducing new equipment and new instru- less than the bill as passed by the Sen- posal which not only represents signifi- mentation along with new computers ate. cant reductions from the current year’s to perform modeling of this capability enacted appropriated levels, but is the so we can keep this arsenal safe, and I concur in the explanation and sum- leanest energy and water development the stewardship of it will be adequacy mary given by the senior Senator from appropriations bill since fiscal year and deliverability at all times. New Mexico [Mr. DOMENICI], chairman 1990. We have heard the call of the new This costs a little more money than of the subcommittee. I congratulate Republican majority to change the way we had thought. Some new equipment Senator DOMENICI on bringing his Government does business and are is going to be built, a new facility at maiden voyage to this conclusion. This proud to Present a bill that cuts budg- Livermore, and we have started that is his first appropriation bill as chair- ets, cuts bureaucracy, and streamlines here in this bill. Los Alamos and man, and he was the chairman of our operations. Sandia will have a mission each with conference committee also. I commend I wish to express my appreciation reference to it. In other words, we are him for his hard work. I also want to and thanks to our House colleagues led going to be able to simulate one way or express my appreciation to our House by the chairman of the House sub- another what we used to find out in an colleagues, led by our good friends Rep- committee, Congressman JOHN MYERS, underground nuclear explosion. And resentative JOHN MYERS, of Indian, and and the ranking minority member, when we do that and do it right, we Representative TOM BEVILL of Ala- Congressman TOM BEVILL. I would like will be able to maintain the system by bama. They have worked together as a to express my continued admiration replacing parts and the like as we move team for many years and I am proud of and respect for the distinguished Sen- toward building it down and maintain- our association. We have had a long ator from Louisiana and our former ing it for a long period of time. tradition of bipartisan cooperation and chairman, Senator JOHNSTON and So for some who wonder what the De- compromise in this subcommittee, and thank him for his hard work and sup- partment of Energy does in the defense I hope that spirit will continue. I would port. Of course, I want to also thank work, this is the hub of it. There are a like to thank all of the House and Sen- my friend, the Chairman of the full Ap- lot of other things. But they are going ate conferees. propriations Committee, Senator HAT- to be charged—and the Defense Depart- Mr. President, I would like to men- FIELD and the ranking member of the ment has agreed with this new ap- tion several Louisiana items contained full Appropriations Committee, Sen- proach—with essentially doing what I within the conference agreement. I am ator BYRD. It is always a pleasure to have just described, and that is be the pleased that we have included author- work with them both. Also, I want to frontrunning institutions in the United ity for the Corps of Engineers to design express my appreciation to all the Sen- States and hopefully in the world in and construct flood control improve- ate conferees and staff members of the seeing to it that our nuclear deterrent ments to rainfall drainage systems, in subcommittee. is always safe and deliverable and ex- Jefferson, Orleans, and St. Tammany Mr. President, obviously, on the do- actly what we expect as we move it parishes in Louisiana. These areas have mestic side of this budget, we are pro- down dramatically to a smaller num- suffered disastrous floods due to tor- viding substantially less than last year ber. rential rainfall that occurred in south- and less than the President asked— Now I yield the floor to my col- east Louisiana in May 1995, which re- that is what is happening in every do- league, Senator JOHNSTON. sulted in the loss of seven lives, inun- mestic bill—and we think we have done The PRESIDING OFFICER. The Sen- dation of 35,000 homes and estimated it in such a way that should receive ator from Louisiana. property and infrastructure losses ex- maximum support from the Senate. Mr. JOHNSTON. Mr. President, one ceed $3 billion. The chairman of the There was no objection to any of this of the most able Senators I have ever House Appropriations Committee, Mr. in the conference by either our side or served with is the distinguished Sen- LIVINGSTON, is to be commended for the Democratic side. ator from New Mexico. He also happens proceeding and I strongly supported When it comes to defense, it is obvi- to be one of my best friends in this the inclusion of this beginning in the ous that we are in a great transition body. So it is with real enthusiasm conference report.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16386 CONGRESSIONAL RECORD — SENATE October 31, 1995 Also, included in the report is lan- of it, this is where the defense work As a matter of fact, I have put quotes guage directing the Secretary of the takes place and is appropriated to up there from the Director of Nuclear Army, acting through the Chief of En- maintain a nuclear stockpile. And over Waste, which says: gineers, to design and construct a re- the years he has worked diligently in Under the funding levels the program has gional visitor’s center in the vicinity of that regard. historically received, the schedules for . . . Shreveport, LA, as a part of the Red There is a waste problem that comes start of operation in 2010 are not achievable River Waterway project. The successful from nuclear energy, and he is right, it ... prosecution of this project which pro- is a serious problem. I do not believe That is, under funding levels that vides navigation from the Mississippi we could have fixed it in this bill in they have historically received, which River to Shreveport, is a source of that regard and disagreed. But I did is higher than this level. great pride to me. It is a project I have want to make that statement before he proceeds. I say thank you very much to A flat funding profile would be insufficient worked on during my entire career in to carry out the program of developing geo- the Senator. the Senate, and navigation has now logic disposal capability by 2010 as currently been completed. Mr. JOHNSTON. Mr. President, I projected. The conference agreement also ap- thank the Senator for his generous re- That is, if we had level funding at proves an amount of $7 million for the marks. Everything he says about what higher levels than this bill calls for, we Biomedical Research Foundation of this bill accomplishes is exactly true. will not get nuclear waste capability Northwest Louisiana to create the Cen- Mr. President, there is no more dif- by 2010. ter for Biomedical Technology Innova- ficult nor unpleasant task in all of the What that means, Mr. President, is it tion. The center will serve as a focal Senate than dealing with the question is going to cost the consumer of elec- point for the ongoing biomedical re- of nuclear waste. tricity from $5 to $7 billion additional, search and development that is carried First of all, you have to disagree because that is what they have to pay out at many of the national labora- with your friends from Nevada, two of for temporary storage onsite up to 2010. tories, and for the clinical testing of the most competent, most able, and That does not carry us beyond 2010. products that result from that re- two of my best friends in this Senate. search. It will focus specifically on the But, Mr. President, it has been my job You can spool those figures up. It is development of instrumentation for over a decade to have the principal re- going to cost that $5 to $7 billion, while minimally invasive procedures—includ- sponsibility for nuclear waste. Both as at the same time we have collected $10 ing advanced imaging technologies— chairman of the appropriations sub- billion for DOE to solve the problem technologies for individual self care, committee—this subcommittee—and as the DOE cannot solve. It cannot solve chairman of the authorizing com- telemedicine, and medical robotics. it at these levels of funding problems. mittee, it has been my duty to keep it Priority will be given to those tech- We are paying for it twice and not solv- going. nologies which are most likely to re- ing the problem. Now, sometimes you try to do what duce the cost of care. The center will Mr. President, if you want to get a is right and be with your colleagues. be housed within the Foundation’s Bio- scandal that the people can understand But, Mr. President, this program of nu- medical Research Institute, and man- out there, then do something like let clear waste is too big, it is too impor- aged by a consortium organized and led somebody charge up a meal with a tant, to deal with it on personalities. by the Biomedical Research Founda- bunch of drinks or something to some We have collected $10 billion for nu- tion. defense contractor or somebody in the clear waste. We have spent $5 billion on Federal Government. Everybody gets Mr. President, the conference agree- nuclear waste and have almost nothing ment, in nearly all cases, represents a all exercised. They understand that to show for it. they are cheating on the Federal Gov- fair and reasonable disposition of the Mr. President, of all the programs in differences between the House and Sen- ernment. They are cheating, you know, the Federal Government, there is prob- violating some ethical rule. ate, and I hope the conference report ably more waste, there is probably But when you have a program of this will be approved. I regret that I cannot more mismanagement through the size, the sheer enormity of it seems support the conference report. years in this program than in any somehow to pass everybody’s con- Mr. DOMENICI. Will the Senator other program that I know of in the yield before he continues? Federal Government. Not only that, sciousness. Well, it may pass everybody Mr. JOHNSTON. Yes, I will. Mr. President, it is a program which af- else’s consciousness, but I had respon- Mr. DOMENICI. I say that it has not fects most Americans because there are sibility for this, and I want to put in been my privilege heretofore in all the over 100 reactors out there. There are the RECORD what is happening. Ten bil- years that we have served for me to about 80 reactor sites in this country, lion dollars has been collected, and chair an appropriations subcommittee each of which is a potential nuclear there is no way to solve the problem at and have my friend from Louisiana as waste dump unless we solve this prob- these funding levels. You are going to ranking member. For the most part it lem, not to mention, in addition, the have to spend another $5 to $7 billion, has been reversed; if I was in the Cham- Hanford and Idaho National Labs, as with a ‘‘B.’’ Mr. President, those are ber, he was chairman and I was rank- well as Savannah River in South Caro- not incidental dollars; those are huge ing member. But that has not even oc- lina. dollars. curred on this bill heretofore, and I So, Mr. President, this is not an issue Then what is the American public cannot give sufficient accolades in this that is going to go away. It is an issue going to say a few years from now RECORD about this Senator. Frankly, I that is with us right now. when I guess somebody is going to fi- am going to miss him tremendously in Now, what have we done in this bill? nally wake up? They are going to say, the Senate, and I think the Senate is Mr. President, we have cut back to less ‘‘What have you done with all that going to miss him because of the kinds than half the requested funding from money and the problem is not solved?’’ of things he is going to say right now. the Department of Energy. What is The problem cannot be solved—the It is true that there is a very, very se- that going to mean? By reducing fund- Director tells me, Dr. Dreyfus tells me, rious deficiency in this bill, but I will ing to $315 million, we are going to at this level we will never solve the answer it when he is finished and I have to stop all work on the environ- problem. His official quotes do not say thank him and his wonderful staff for mental impact statement. We are that. It says: all the help here and in the past as we going to have to stop the license appli- If the program receives funding at the lev- put these things together. We have cation to the Nuclear Regulatory Com- els contemplated in the Administration maintained a significant nuclear deter- mission. We are going to have to fire funding proposal, the Department would be rent capability regardless of the criti- between 875 and 1,300 employees. There able to carry out the program . . .. cism for the Department of Energy. will be no work going forward on in- Any major reduction . . . would require re- We have maintained that because of terim storage. It leaves only a research structuring of the program plan with signifi- the stalwart service of Senators like program with no prospect for com- cant delays . . .. BENNETT JOHNSTON on this appropria- pleting the repository any time in the Now, look up there at the top and tions bill. For those who are not aware foreseeable future. you get the DOE request; $630 million

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16387 was requested this year. We are down will give you the most expensive an- If they know what they are doing, they to $315 million. Next year it goes up to swer because that is in the interest of are not going to be drilling on Yucca $684 million, then to $713 million, then the science. It is kind of like asking Mountain because there is no mineral to $732 million. the trial lawyers, ‘‘What do you think activity out there by which you would At the rate we are going, Mr. Presi- we ought to do on damage awards? drill a hole. The second is that they do dent, we will be lucky to maintain the Should we decrease damage awards?’’ not know what they are doing, and $315 million, which means you cannot They would say, ‘‘Oh, no. You have got they are going around randomly drill- solve the problem. to watch out for the victim.’’ ing holes all over the country. Now, what does the administration Well, the scientists, unfortunately, Now, what do you think the chances say? The administration says—pri- Mr. President, always go with the most are, Mr. President—a scientist ought to vately they will tell you, ‘‘Look. This expensive thing. We asked the National be able to tell you what the chances is an election year.’’ At least that is Research Council, a part of the Na- are, if you are doing a random hole in what they say inside. But officially tional Academy of Sciences, to study the thousands upon thousands of they say, ‘‘We should not put any in- one aspect of this thing and to look square miles in the United States, and terim storage out at Yucca Mountain into the question of human intrusion. you have one little area that is a nu- until we determine whether the site is In other words, when you go to build a clear waste dump, and of the nuclear suitable.’’ They do not define what repository, how much of a safeguard do waste dump, most of it does not have suitability in the site is, but a few you have to put on that and to what the canisters, just what are the years ago they said, ‘‘If we have this standards must you build that? Let me chances of that? Is it 1 in 10 billion, 1 funding at that level, we can determine tell you what the National Research in a trillion, 1 in 5 trillion? These sci- suitability by the year 2002.’’ That Council said. I really want to get this entists ought to be able to say that. means if you give them that kind of off of my chest because I have been But indeed, no, they say that you have money. So if you do not give them that seething ever since we got this report. to assume ‘‘one bore hole of the speci- kind of money, according to that defi- It is the most outrageous thing I have fied diameter drilled from the surface nition at that time, it would be, I ever seen by a scientist. It says: through a canister of waste to the un- guess, who knows when before you We considered a stylized intrusion scenario consisting of one bore hole of a specified di- derlying aquifer.’’ would determine even suitability of ameter drilled from the surface through a this site. canister of waste to the underlying aquifer. How did they penetrate this without Mr. President, you cannot solve the knowing that they have penetrated a What that means is that when we get problem. Look. Rather than do what canister? It is the most absurd thing. around to building the repository, in In any event, I digressed for a moment we are doing now—and I have been try- order to ensure its safety, we must en- just to tell you what we are up against ing to get this at Yucca Mountain—we sure that somebody is going to put a on this program. We have the sci- honestly ought to abolish this pro- derrick up there and drill a hole down entists, we have the administration, we gram, abolish the tax, and let the nu- which pierces one of these canisters have the antinuclear activists, we have clear utilities have the responsibility and goes down to the underlying aqui- the people in Nevada, none of whom for their own program and have the fer. You say, how could that possibly want to put in this program, all of money with which to do it. That would happen? You have fences out there and be much better than playing out this you have guards. I do not know how it which would be fine if we were starting charade. happens. out with a question of whether we are Mr. President, it is a charade. The I can think of a couple of scenarios. going to do nuclear energy or not, you President does not want to solve it. One would be that a meteorite hits the could take this into consideration. The Congress seems to be incapable of country and destroys civilization, as it But, Mr. President, we have nuclear solving it. The antinuclear activists did—that is the notion, at least—when waste now. We are generating it at the out there, of which there are many, the dinosaurs died. Another is that you rate of about 2,000 metric tons each they do not want to solve it because by have some big volcano that virtually year. There are 30,000 metric tons of not solving it then they are able to kills all life except maybe some cave- nuclear waste now stored, principally, show that nuclear energy does not men, a few who survived and are able in what we call ‘‘swimming pools,’’ work. to rebuild civilization; or a nuclear war where you basically put the rods down Let me tell you, Mr. President, peo- that virtually wipes out all civiliza- in pools of water, unprotected from ple are not going to build nuclear utili- tion, except some people in caves. anything. That is the only plan we ties in this country, not at any time I must say, Mr. President, if those really have. There are 67 powerplants for the foreseeable future, and we can scenarios happen, then why are you in 32 States that will have run out. By foresee a pretty long time. And that is worried about nuclear waste anyway? I the year 2010, we will have 85,000 metric because of the economics of this pro- mean, civilization is gone. But if civili- tons to be stored. gram. They do not need to try to kill zation survives, there is no way that Mr. President, we just simply cannot this program in order to try to make you would not know that the Yucca ignore this problem. I proposed an nuclear energy nonviable. That has al- Mountain repository is there. There is amendment, Mr. President, in the con- ready occurred. All they are doing is no way you would not know that. We ference committee which said, let us do creating a problem all across this coun- are not going back in civilization, back the long-lead-time things we need to try and creating a big expense for tax- in the time of the ancient Greeks, do, the environmental impact state- payers. when the location of the town of ment, the preliminary design, on an in- There is a conspiracy here, in effect, Messinia was lost and they go back in terim storage facility, and if you can- Mr. President: The administration, and dug and found out where it was. not start construction until 1998 and if, which has a do-nothing attitude; the Mr. President, civilization is marching in the meantime, it is found to be not antinuclear groups, of which there are forward, not backward. We are not a suitable site, then you would stop all many; and many out there who want to going to get into the situation where, activity on both the interim storage fa- kill the program; and, believe it or not, some day, people are going to be cility, as well as the final storage—the the scientists. digging up there and find out that New repository, the underground facility, You say, ‘‘scientists. They are sup- York City was up there on the Hudson and move on to some other place. posed to be the ones in there trying to River. They are going to know that. solve the problem.’’ There is a phe- They are going to know where Yucca Now, Mr. President, that was re- nomenon, Mr. President, in our Gov- Mountain is. But just assume that this jected by the conference—rejected on ernment now where sometimes you call takes place and civilization is wiped the grounds that a bill is moving on scientists to make a judgment in out. How are they going to drill this through the House, and that that bill which they may not have a direct in- bore hole through Yucca Mountain and will have a chance to be enacted next terest but their discipline has an inter- happen to hit a canister? year. Mr. President, next year we have est, and it is sort of like, if you ask the Well, there are two assumptions. One the same problems we have this year. scientists what has to be done, they is that they know what they are doing. That is, you have an administration

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16388 CONGRESSIONAL RECORD — SENATE October 31, 1995 that would oppose that bill, that has ity that was going forward at that stream of money stretching from here threatened to veto that bill, and you time. They said, ‘‘Well, it is going to be to infinity, with no waste dump at the still have to produce the same 67 $1.2 billion per site.’’ end. votes—only next year is an election I then introduced legislation to call What will happen in the meantime is year. on the Department of Energy to pick Just what are we going to do, Mr. one of the three sites and characterize that the ratepayer will not only have President? We are collecting the that and thereby save $2.4 billion. My to pay that $10 billion already paid, but money—$10 billion is already col- version did not pass because when it the tax at 1 mill per kilowatt hour will lected—and we have spent $5 billion. got to the conference committee with continue, and in addition to that, the We have a program which the director the House they said go ahead and name ratepayers of these utilities—these 80 says cannot work. We are facing an as- Yucca Mountain—do it politically, not sites around the country—their rate- surance of having to spend some $5 bil- scientifically. They had the votes. payers will have to pay for temporary lion to $7 billion between now and the It so happened that the Speaker of storage on site. Mr. President, $5 bil- year 2010 on temporary storage, and the House was from Texas, one of the lion to $7 billion worth between now that is not funded. That is going to three sites. The majority leader was and the year 2010. have to be paid for by the utilities. from Washington, the other site. That Now, are we going to pass that au- Mr. President, I will be retiring from left Nevada. Nevada got picked. I must thorizing legislation later this year or the U.S. Senate at the end of next year, say in all fairness Nevada probably later next year? Mr. President, I hope and I am sure my friends from Ne- would have been scientifically picked so. But I can say I have no confidence vada—though we are good friends—will at least. That was the indication I got perhaps breathe a sigh of relief and will at the time. that is so. The history of this program say this guy who has been trying to But I think Nevada had a proper has been delay, avoid the tough deci- cram that nuclear waste down our cause to complain because it was, in sion, get by until after the next elec- throats in Nevada is gone and our prob- fact, a political decision rather than a tion, get by until after the next career, lem is solved. Well, Mr. President, if we scientific decision, although that make an excuse, spend some more are not to do this activity in Nevada, might well have been the place where money, fund some more scientists, and then I say it is time to terminate the it would have been picked. never, whatever you do, do not ever program in Nevada, terminate the col- We then proceeded with Yucca Moun- look at the program. Do not ever ana- lection of the tax, and move on to an tain. What has happened in the mean- lyze what they are doing. That can be alternative program. Let the utilities time, we are now told that the cost of very, very, disquieting when you find themselves build their own, what we characterization of Yucca Mountain is out some of the incredible judgments call, ‘‘dry cast storage’’ on-site. That is not $60 million as initially estimated, which have gone into this gigantic the activity that is going to cost the $5 not $1.2 billion as later estimated, but waste of money. to $7 billion between now and the year $6.3 billion—not to build the facility, It has been, Mr. President, it has 2010. Or, if there is another site other just to determine whether it is suit- than Nevada, then let us start picking able. been just incredible to consider what that site. Let us start looking at oth- How in the world did it go up that has been wasted on this program. No ers. I think they have a formation up much in cost? Well, I think to a large one looks into it—at least no one lis- in Maine which was suitable; and extent because these scientists made tens to the alarms—because no one Texas, down in Deaf Smith County, I these kind of determinations that you seems to understand. believe it was. Another one is up in have to assume all kind of silly sce- We talk about the bore holes; what Hanford. There was a site down in Mis- narios like drilling bore holes down does that mean? The scientists must sissippi. Potential sites are all over the through the canisters, like doing every have a reason for that, right? EPA set country. Of course, there is the Savan- conceivable study to keep these sci- a carbon 14 discharge level of one-mil- nah River. There was one in Tennessee. entists busy for the rest of their lives lionth background radiation, for the Let us start looking at those sites, be- and for their sons’ and grandsons’ and amounts of the carbon contained in the cause you have to put it somewhere. It granddaughters’ lives ad infinitum. body naturally. Nobody said anything. It is an expanding scope of work either has to be on-site or somewhere. We tried to straighten that out with Like the old joke about somebody which probably is not capable of being legislation. We gave it to the scientists who was found by an irate husband in done no matter how much money we and all we got was babble. the closet of his home and he said, put in here and certainly not at the ‘‘What are you doing there?’’ and he levels that are contained in this bill. This report is an embarrassment to said, ‘‘Everybody has to be some- Mr. President, I hate to sound a dis- the National Academy of Sciences, Mr. where.’’ cordant note on what is otherwise an President. It is almost unintelligible. Believe me, nuclear waste has got to excellent job that the Senator from The nuclear waste director says this be somewhere. What we are saying in New Mexico has done. In his defense, he means that you cannot build a reposi- the Congress is that we do not know, has a bill to pass. He has responsibility tory—cannot build one no matter how we will put the problem off. Mr. Presi- for that bill. The President has said he much money. It just cannot pass the dent, I have seen this problem put off would veto this bill if we came up with test. year after year after year while the interim storage. I can understand that cost escalates. judgment. I have a lot of sympathy for Some of the scientists who did the re- It was back in 1982 when we passed that judgment. I say that in his de- port said, ‘‘Oh, no, this will make it the Nuclear Waste Policy Act. That act fense. easy to do it.’’ It is babble, Mr. Presi- called for us to pick three sites—first a At the same time, Mr. President, this dent. larger number of sites and whittle that body needs to understand, the Congress Mr. President, I hope by my little so- down to three sites—and then the three needs to understand, the nuclear indus- liloquy here on the floor today that we sites would be ‘‘characterized.’’ That try needs to understand, the American can awaken a little interest in this is, determined whether the three sites public and taxpayers and ratepayers subject, that we can alert people who would be suitable as a place for the re- need to understand that they are being ought to be interested in it, people in pository, and then the DOE was to pick made the victims of a gigantic shell the nuclear industry ought to be inter- one of those three. game, a great rip-off, in which $10 bil- ested in this. Ratepayers ought to be When we first passed that legislation, lion has been collected, $5 billion has interested in this. The National Asso- the cost of characterization was sup- been spent, and there is no way to ciation of Regulated Utility Commis- posed to be $60 million per site. I solve the problem in the direction we sioners ought to be interested in this. thought, just to determine whether a are going. site is suitable—that is outrageous. I It will not be solved. People out there Some years ago they said look, if you remember thinking that so clearly. who think the Congress has a program do not get this program straightened A few years passed and we had a that will eventually lead to a reposi- out, we are going to discontinue allow- hearing on it and we asked what was tory, they are wrong, Mr. President. It ing you to rate base the 1 mill per kilo- the cost of characterization and activ- will lead to nothing but an endless watt hour fee. That means that they

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16389 were going to not pass it on to cus- a permanent repository in that site— ity. It turns out that I left the bill that tomers because it was a program that not for a long time, if ever. way, and I am fully aware that the $315 could not work, but we are going to re- So the issue comes, as I see it, what million does not satisfy the Director of quire utilities to eat it—that is, to do we try to do on this bill? Let me the program, Mr. Dan Dreyfus’ needs to have their stockholders pay for it. I am suggest, so there is no doubt about it, keep this program going on schedule as telling you, this program cannot work. we would have put an interim storage he wanted it going on schedule. But we Who says so? Dr. Dreyfus, who is run- facility in this bill and it would have were going to tone it down some. If we ning the program, says that at these been sited in the State of Nevada, but were building a temporary facility, we levels of funding, you cannot have an for the fact that the President of the were going to cut the expenditures on appropriate program. You cannot have United States has sent a rather clear the permanent facility and spread it a workable program. signal through his high-level staff that out a lot longer. I think we are still on I hope we get a little attention here. they would veto a bill that designated that path. I hope early next year we can pass leg- that site or any other site specifically. I might say for the record, this Sen- islation. If we cannot, we ought to shut I might say to my friend from Lou- ator is not going to be carrying this this program down. isiana, as hard as he tried with his bill very many years on this floor with I would like to reiterate my praise amendment, when he finished it all, it funding for the permanent deep reposi- for the distinguished chairman of this was actually designating Nevada as the tory if we have not solved the issue of committee for, otherwise, a very good site before we really knew that we an interim storage facility. In fact, I bill. This is not his fault, because he is would have a final site here. He may not carry it one more time with- operating under a veto threat. But it, couched it differently but that is a tru- out that, in terms of continuing what unfortunately, is going to be his re- ism. seems to me to be a borderline hoax, in sponsibility because he now occupies Essentially, what he, the President of terms of promising the American peo- the position which I did for so many the United States, was saying, and his ple we are going to have an under- years, which is the guy who has to advisers, was: Do not site it there un- ground permanent repository. make the program work. And as of less the permanent repository is there The reason I say that is because, in right now, it is not working and cannot or we will veto it. spite of the good work by the current work. The Senator from New Mexico has Director, Mr. Dan Dreyfus, who used to I yield the floor. very few alternatives. What I wanted work for the Energy Committee—and The PRESIDING OFFICER (Mr. GOR- to do was to spend $400 million in this we are all very, very complimentary of TON). The Senator from New Mexico. bill and use $85 million to move ahead his work—the rules and regulations Mr. DOMENICI. Mr. President, let me with the temporary facility, the tem- that we live by, under that project, once again compliment my friend from porary storage, the interim storage. just may be so that man cannot com- Louisiana, Senator JOHNSTON. I am not But we cannot do the interim storage ply. It may be we cannot comply. sure how many people were listening without an authorization bill or with- So I hope everyone understands today. But I tell you, there ought to be out a President signing something. I today on the floor of the Senate, with a lot. Because you have just expressed think my colleague would agree with very little attention, some very, very and explained thoroughly one of the that. Whether he signs an appropria- serious remarks have been made about real disasters, in terms of the U.S. Gov- tion bill or authorizing bill, the Presi- the competency of this process, of the ernment’s inability to cope with a seri- dent of the United States has to sign legislative process and the President, ous problem in a realistic way. something for Congress to be able to to work to get something done that I can recall about 3 years ago when fund an interim storage facility there must be done. Senator JOHNSTON was presiding, the or anywhere, because the law does not I want to add one other comment. issue came up and this project was now permit the Federal Government to The Senator might not remember it, then going to cost about $3.7 billion. It build such a facility anywhere. but I remember it. I speak to my friend now comes close to $6 billion, I under- Having said that, it is clear to me from Louisiana. I think some of us fig- stand—a little more than the $5 billion that we ought to at least provide some ured, when then Senator Gary Hart of the Senator indicated. One of the Sen- money in this bill to fund the eventu- the State of Colorado proposed that we ators on the committee said, ‘‘How ality of us getting an authorizing bill had to close the loop on atomic energy much do you think it would cost to through here that the President would and had to have a permanent reposi- build it?’’ Everybody scurried around. sign. tory, I think some of us were thinking, ‘‘Build the facility?’’ The conclusion I say to my friend, Senator JOHN- ‘‘Well, if that gets out of hand, it is was it would cost far less than we are STON, I do not deny the authenticity calculated to stop nuclear power.’’ going to spend characterizing the and truthfulness of his remarks, be- mountain. cause he is suggesting it probably will In fact, we may go back to the He gave a rather practical sugges- not happen, the President will veto it. RECORD and find that either you or I tion, it seemed to me. You give this It is an election year. But I think we said that. We might have said it. That suggestion to average Americans, they had to do some work and say here is is what it was. It was an approach that would have said, ‘‘Do it.’’ He said, some money. So we fenced $85 million said you need to close it at the tail end ‘‘Why don’t you just build it and then in this bill—put a fence around it—and with a permanent repository. If you find out after it is built? Do all the we said it will be spent for an interim cannot do it, then you cannot have nu- kinds of tests you want as to whether facility if in fact this is authorized and clear waste and therefore you cannot it will succeed. If it will not work, permitted by the Government of the have nuclear energy. close it down. At least you will have United States. That money is sitting The calculation is coming true. Not something there finished and com- there. We are saying to the legislators because we cannot do it, but because pleted.’’ Now we are just boring holes in the authorizing committees here in we refuse to do it in a commonsense, in and doing scientific work to try to the Energy Committee, its counterpart practical way that is really consistent achieve a goal that seems like, sci- in the House: Pass a bill. You can start with engineering and science achieve- entifically, the standards have been set the project. ment. So that is about where we are. so high we are never going to achieve Will the President sign it if we pass I ask unanimous consent to have the it. it? We do not know. But let me suggest letter printed in the RECORD wherein We do not have any disagreement on we cannot stall this too much longer. the President’s staff indicates they it. I think at this point we are never Sooner or later, a President must sign would veto this bill and move onto an- going to get that depository finished. something that will let us move in a other project. We are never going to prove up the re- different direction. There being no objection, the letter quirements. There are going be more My original plans were $400 million, was ordered to be printed in the lawsuits around, and you will never get $85 million fenced for the interim facil- RECORD, as follows:

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16390 CONGRESSIONAL RECORD — SENATE October 31, 1995

OFFICE OF MANAGEMENT AND BUDGET, ing environmental laws. The inclusion of at the President’s requested level would sim- Washington, DC, October 13, 1995. such an override is unacceptable to the Ad- ply allow design work to continue without Hon. PETE V. DOMENICI, ministration. The Administration is working delay and would not initiate any construc- Chairman, Subcommittee on Energy and Water with the Congress and the various interested tion activities. Development Appropriations, Committee on groups in the Northwest to try to identify a Appropriations, U.S. Senate, Washington, core program of fish recovery activities that DEPARTMENT OF ENERGY—ENERGY RESEARCH DC. could provide a stable base for several years The Administration commends both the DEAR MR. CHAIRMAN: The purpose of this at a reasonable cost. House and Senate for supporting the Science letter is to provide the Administration’s DEPARTMENT OF ENERGY—GENERAL Facilities Initiative. However, funding levels views on H.R. 1905, the Energy and Water De- The Administration is committed to main- proposed by both the House and Senate for velopment Appropriations Bill, FY 1996, as the U.S. Magnetic Fusion Energy program passed by the House and by the Senate. As taining the Department of Energy and to moving forward in its restructuring and re- send a clear message that the program must you develop the conference version of the be substantially restructured. While the Ad- bill, your consideration of the Administra- alignment. We are disappointed that both the House and Senate propose to cut the De- ministration concurs in principle, the Presi- tion’s views would be appreciated. dent’s Committee of Advisors on Science and The Administration is committed to bal- partment significantly below the FY 1996 re- Technology has concluded that funding over ancing the Federal budget by FY 2005. The quest in many areas. Although the Adminis- the next several years must be at the level of President’s budget proposes to reduce discre- tration appreciates the Senate’s overall res- $320 million to preserve the most indispen- tionary spending for FY 1996 by $5 billion in toration of nearly $250 million in reductions sable elements of the U.S. fusion effort and outlays below the FY 1995 enacted level. The made by the House to the request for energy associated international collaboration while Administration does not support the level of supply, research and development, we are maintaining momentum toward the goal of funding assumed by the House or Senate concerned about the remaining cuts to many practical fusion energy. The Administration Committee 602(b) allocations. The Adminis- key areas, including the Climate Change Ac- urges the conferees to provide at least $275 tration must evaluate each bill both in tion Plan initiatives and the Department’s million for FY 1996. terms of funding levels provided and the global climate change research and tech- share of total resources available for remain- nology development efforts. DEPARTMENT OF ENERGY—DEPARTMENTAL ing priorities. The House-passed version of DEPARTMENT OF ENERGY—NUCLEAR ENERGY ADMINISTRATION the bill is $1.8 billion below the President’s The Administration strongly objects to the request, and the Senate version is $0.3 billion The Administration is concerned about the House action that would eliminate funds re- below the request. With respect to the over- personnel implications of both the House and quested for the Department of Energy to as- all funding levels for programs covered by Senate cuts to the President’s requested sist countries with Soviet-designed nuclear H.R. 1905, we generally prefer the Senate’s level of funding for the Department’s depart- power plants in addressing the health and recommended funding levels. mental administration. Funding at least at safety problems posed by these plants. The The Administration has very serious con- the House level is necessary to provide an or- requested $83.5 million was substantially re- cerns about certain language provisions that derly downsizing and to ensure proper de- stored by the Senate. Failing to provide may be included in the final bill. One is a partmental oversight during a time of sub- these funds would undercut the nuclear safe- provision that would direct the construction stantial change at the Department. ty program developed in concert with other of an interim storage facility for nuclear G–7 countries, countries of Central and East- ARMY CORPS OF ENGINEERS wastes at a specific site. Others are provi- ern Europe, and the New Independent States sions that would override environmental and The Administration is disappointed that of the former Soviet Union. other laws in specific situations, such as both the House and Senate have rejected a The House version of the bill does not pro- those concerning the Bonnevile Power Ad- budget reduction strategy for the Army vide the $3.9 million requested for com- ministration fish program and, potentially, Corps of Engineers that would commit re- pleting the processing and stabilization of the Animas/La Plata water project. If these sources to those missions with the Clearest North Korean spent fuel, which is currently provisions were contained in the final bill, Federal role, while devolving others to State underway. The fuel stabilization effort is im- the President’s senior advisers would rec- and local governments. Given this rejection, portant because it will help to ensure that ommend that he veto the bill. the Administration plans to continue to this fuel is not processed to recover pluto- Since taking office, the Administration work with Congress on a budget reduction nium. This program is part of a United has developed and implemented a number of strategy for the Corps. The Administration States commitment to encourage North policies to increase government efficiency, urges the conferees to remove language con- Korea to abandon its nuclear weapons pro- known as ‘‘Reinventing Government,’’ and to tained in both the House and Senate versions gram. This key non-proliferation goal would concentrate resources on investment pro- of the bill that would limit the flexibility of be threatened by the House’s action. The Ad- grams critical to ensuring a strong economic the Secretary of the Army in his current ef- ministration urges the conferees to provide future. The Administration is disappointed forts to restructure the Army Corps of Engi- the full $3.9 million, as recommended by the that neither the House nor the Senate, in ac- neers. Senate. tion on this bill, has been more sensitive to The out-year cost of unrequested new these priorities. DEPARTMENT OF ENERGY—SOLAR AND starts is a concern, even though the first RENEWABLE ENERGY PROGRAMS DEPARTMENT OF ENERGY—NUCLEAR WASTE year cost is relatively small. For example, DISPOSAL FUND Both the House and the Senate propose sig- those in the House version of the bill would The Administration strongly objects to nificant cuts to the Administration’s request only cost $10 million in the first year, but any language that would designate a nuclear for solar and renewable energy research pro- would require $650 million to complete fully. waste interim storage facility at a specific grams. These programs help to create jobs, The Administration urges the conferees to site. Any potential siting decision con- increase energy security, and protect the en- trim the list of projects, especially in the cerning such a facility should ultimately be vironment. The House version of the bill, in area of beach and shoreline protection based on scientific analyses. If an interim fa- particular, would eliminate or drastically re- projects. cility is to be developed, FY 1996 spending on duce many programs that have been making The Administration is disappointed with it should only be devoted to non-site-specific notable technical progress, including many the decision of the House and the Senate not design and engineering, with the majority of of the most cost-effective implementation to provide funding for several much-needed FY 1996 monies in this account continuing to programs for reducing greenhouse-gas emis- environmental studies and research activi- support the scientific investigation of the sions. The Administration urges the con- ties. The Administration requests that the proposed permanent waste repository. ferees to provide funding at least at the Sen- final bill provide flexibility for the Corps to The Administration is disappointed with ate level. allocate its wetlands protection funds to ac- the funding levels in both the House and DEPARTMENT OF ENERGY—DEFENSE PROGRAMS tivities deemed to be most effective. Senate versions of the bill for the Civilian The Administration believes that the Sen- BUREAU OF RECLAMATION Radioactive Waste Management program. ate additions above the President’s request The Administration urges the conferees to for nuclear weapons stockpile management The Administration urges the conferees to consider seriously the funding level proposed are unnecessary, especially given the deep adopt the House level of funding for the Bu- in the President’s budget in order to support cuts made to many of the President’s invest- reau of Reclamation’s Safety of Dams Cor- fully the scientific work on the permanent ment initiatives in both the House and Sen- rective Action program. This funding is nec- repository program. ate versions of the bill. essary to accomplish needed repairs to Fed- BONNEVILLE POWER ADMINISTRATION (BPA) The Administration strongly urges that eral dams. The Administration strongly opposes the the conferees provide the Department of En- OTHER INDEPENDENT AGENCIES inclusion of section 509, General Provisions, ergy with the flexibility to implement dual- in the Senate version of the bill. This sec- use Cooperative Research and Development The Administration commends the Senate tion, though somewhat vague, would limit Agreements in the weapons programs. for restoring funds for the independent river BPA’s annual fish and wildlife expenditures The Administration objects to the House’s basin commissions. The restored funding is and introduce language specifying that proposed elimination of funding for detailed in keeping with the increasing emphasis on BPA’s spending is adequate to meet environ- design of the National Ignition Facility State and local resource and project manage- mental requirements, which overrides exist- (NIF). The Senate proposal to fund the NIF ment for local flood control.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16391 We look forward to working with the con- Supply Research and Development and Mexico on numerous occasions that de- ferees to address our mutual concerns. Atomic Energy Defense and Related prives me of my ability to scrutinize, Sincerely, Programs of the Department of En- and vote, if necessary, on projects. It is ALICE M. RIVLIN, Director. ergy, and several independent agencies. my initial screening—as I say, I will When outlays from prior year budget submit a written statement for the Mr. DOMENICI. Let me go through authority and other completed actions RECORD—20 unauthorized projects are Animas-La Plata—Animas-La Plata in this, ranging understandably from and some sufficiency language which are taken into account, the bill totals Petersburg, WV, to Arkansas City, KS, would have deemed that project to $19.3 billion in budget authority and New Orleans, LA, White River, IN, to a have complied with all environmental $19.7 billion in outlays for fiscal year requirements; that is what the word 1996. Pennsylvania environmental pilot pro- ‘‘sufficiency’’ would have meant. In The subcommittee which I chair is gram. The conference report modifies conference, language was sought to within its section 602(b) allocation for the bill by increasing the authorization make it sufficient with reference to en- both budget authority and outlays. from $17 to $50 million for water and vironmental requirements. Obviously, Mr. President, I ask unanimous con- sewer projects. Mr. President, $3.5 mil- the President’s staff—the chief advisor sent that a table displaying the Budget lion is appropriated in the conference said in that same letter, which is now Committee scoring of the final bill be report. The authorization is only avail- able for projects within two Members’ in the RECORD, that if sufficiency lan- printed in the RECORD. guage, getting rid of any future envi- There being no objection, the mate- congressional districts. ronmental contention regarding that rial was ordered to be printed in the Mr. President, this is wrong. It is project was put in, they would also rec- RECORD, as follows: wrong to do that. ommend a veto. ENERGY AND WATER SUBCOMMITTEE—SPENDING There is funding for the central Indi- It is hard to tell how many of these TOTALS—CONFERENCE REPORT anapolis waterfront concept master are for real, when a President’s staff [Fiscal year 1996, in millions of dollars] plan. says it. But I took this one as pretty Mr. President, the Corps of Engi- serious and a compromise was worked Budget Outlays neers’ authority is not to be involved out. I am going to put my interpreta- authority in waterfront master plans unless it tion of that compromise in the RECORD. Defense discretionary: has to do with flood control. Suffice it to say, there is no suffi- Outlays from prior-year BA and other actions completed ...... 4,039 ciency language in this bill. There is H.R. 1905, conference report ...... 10,656 6,402 The Arkansas City flood control language that says we should proceed Scorekeeping adjustment ...... project in Kansas was unauthorized. I with the project, but it is clear that no Subtotal defense discretionary ...... 10,656 10,441 will read several of them. environmental contests are waived. So The Homer project in Alaska, $3.8 Nondefense discretionary: that means, on the one hand, we are Outlays from prior-year BA and other actions million; Dog River, AL, project, starting to fund the project here in this completed ...... 4,171 $200,000; Sacramento River, CA, H.R. 1905, conference report ...... 8,680 5,100 bill with another piece of money—$10 Scorekeeping adjustment ...... $300,000; West Dade, FL, $150,000; million. And we are saying, let us pro- Holmes Beach County, FL, $150,000; Subtotal nondefense discretionary ...... 8,680 9,271 ceed. But we do in no way waive any Mandatory: Ohio River, Greenway, IN, $500,000; In- challenges that might be made to it. Outlays from prior-year BA and other actions dianapolis waterfront, $2 million. completed ...... Mr. President, I have a few brief com- H.R. 1905, conference report ...... Mr. President, none of these have ments about language included in the Adjustment to conform mandatory programs with Budget ...... been authorized. They were inserted in energy and water conference report Resolution assumptions ...... the conference. Mr. President, we de- that pertains to construction of the Subtotal mandatory ...... serve better. I do not know if these Animas-La Plata water project. The projects are good or bad, and the Amer- language in the report directs the Sec- Adjusted bill total ...... 19,336 19,712 ican people certainly do not know. And retary of the Interior ‘‘to proceed with- Senate Subcommittee 602(b) allocation: there will be nothing in the CONGRES- out delay’’ with those portions of the Defense discretionary ...... 10,928 10,632 SIONAL RECORD to let us know if they project identified in the October 25, Nondefense discretionary ...... 8,680 9,272 Violent crime reduction trust fund ...... are good or bad. 1991, final biological opinion. Mandatory ...... There has been much talk about just I notice that we are going to fund the what this language means. Specifi- Total allocation ...... 19,608 19,904 Appalachian Commission this year for a considerable amount of money. I cally, opponents of the project have at- Adjusted bill total compared to Senate Sub- tempted to paint this as so-called suffi- committee 602(b) allocation: think it is $140 million. That clearly is Defense discretionary ...... ¥272 ¥191 something that should not continue ciency language exempting the project Nondefense discretionary ...... ¥0 ¥1 from any further environmental anal- Violent crime reduction trust fund ...... since every part of America now needs Mandatory ...... yses required by Federal law. Mr. the same kind of assistance that those President, this is not the case. The re- Total allocation ...... ¥272 ¥192 States which are now included in the port language does not override exist- Note: Details may not add to totals due to rounding. Totals adjusted for Appalachian Regional Commission re- ing Federal environmental require- consistency with current scorekeeping conventions. ceive. ments, nor does it prevent further judi- Mr. DOMENICI. Mr. President, I Mr. President, I think that it is im- cial review. Consequently, those who think Senator MCCAIN has been wait- portant for us to understand—another say this report language is an attack ing. I yield the floor. one, $2 million, acting through the on the environment or a subterfuge of Mr. McCAIN. Mr. President, I have Corps of Engineers, to authorize the di- the judicial process are simply wrong. been informed by the Senator from rector to proceed with engineering, de- At the same time, however, the lan- North Dakota that he is going trick-or- sign, and construction of projects for guage makes it clear that the Congress treating with his children tonight at 6. flood control improvement for the is absolutely committed to the swift I find that a transcendent priority. I rainwater drainage systems in Jeffer- and successful completion of this will be extremely brief and submit my son, New Orleans, and St. Tampa Par- project. Under the terms of the 1988 written comments for the RECORD. I ish, LA—authorized to be appropriated Colorado Ute Indian Water Rights Set- hope all my colleagues will also make $25 million for the initiation and par- tlement Act, the United States has a their comments brief so it is possible tial accomplishment of projects de- trust obligation to the Southern Ute for those Members with children to be scribed in these reports. My under- and Ute Mountain Ute Indian Tribes to able to partake in this time-honored standing is that there has been no complete the project. family tradition. screening, and that there has been no The final bill provides $19.3 billion in Mr. President, I will be relatively request for authorization. There has budget authority and $11.5 billion in brief. I am again disturbed to find un- been nothing except that this was new outlays to finance the operations authorized projects and unappropriated stuck in, in the conference report. The of the Army Corps of Engineers, the projects in the conference report. I corps has not finished its studies as to Bureau of Reclamation, the Energy have said to the Senator from New whether this is needed.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16392 CONGRESSIONAL RECORD — SENATE October 31, 1995 Mr. President, again, I have no doubt always someone trying to back door how the Senator arrived at the number that some of these projects are worth- you. of 20 unauthorized projects, and I do while, and have great virtue. But we do If you think the Power Marketing not agree with that number, but it is not know whether they do or not be- Administrations are off the table, or if accurate that the conference report cause they are placed in the conference the power lines and the facilities to does include some authorizations for into the conference report without au- generate this electricity is off the the Corps of Engineers water projects. thorization and without any kind of table, you ought to read page 476 of the screening. reconciliation bill from the House. When the energy and water develop- I would like to finally say there are We have in the statutory language ment bill passed the Senate it included several appropriations bills, including now that the Secretaries of Energy, In- four provisions which addressed on- the transportation bill and several terior, and Army cannot sell power going projects. The conference agree- other appropriations bills, which are marketing administrations. Well, on ment includes four additional provi- excellent, where the business of put- page 476 of the House reconciliation sions. For example, a provision is in- ting in projects in conference that were bill, they repeal those prohibitions. cluded in response to the devastating in neither the authorization nor the And in the next section they authorize flooding which occurred earlier this appropriation bills has largely been and say, ‘‘The Secretaries shall’’—that year in New Orleans, LA, which allows done away with. I wish I could say that is plural, of Energy, Interior, and the Corps of Engineers to undertake is the same for this bill. It is not the Army—‘‘shall secure and enter into ar- additional measures to limit the flood case. And I think that we should reject rangements with an experienced pri- this practice over time. damages in that city. Another provi- vate-sector firm to serve as advisor to sion allows the corps to transfer land Mr. President, I hope my friend from the Secretaries with respect to the sale North Dakota enjoys his evening and to the city of Prestonsburg, KY, for a of the facilities used to generate and his children. public park. transmit the electrical power mar- I yield the floor. keted by Southeastern Power Adminis- So, while the conference agreement Mr. FORD addressed the Chair. tration, Southwestern Power Adminis- does include some small authoriza- The PRESIDING OFFICER. The Sen- tration, and Western Power Adminis- tions, I do not understand how the Sen- ator from Kentucky. ator arrived at his figure of 20 unau- Mr. FORD. Mr. President, we have tration.’’ thorized projects in the conference re- been listening to two very well briefed And so prior to December 31, 1996, port. men who are handling this piece of leg- they shall come back with their report islation here on the floor. When we to sell. And in these instructions in the Mrs. MURRAY. Mr. President, I begin to talk about nuclear storage and reconciliation bill in the House, they would like to clarify a single sentence that sort of thing, spending hundreds say they can cluster the generated fa- in the conference report accompanying cilities where they might be sold at a of millions of dollars, it kind of goes H.R. 1905 relating to economic develop- higher price. over some heads. But I want to talk ment activities. Within the Depart- That does not seem to me that power about something that affects real peo- ment of Energy environmental man- marketing administrations and the fa- ple now. Several weeks ago, Mr. Presi- agement account, in the nuclear mate- dent, in the House an amendment was cilities used for such a transmission line are off the table. Lo and behold, rial and facilities stabilization section, floated to this bill, and to the rec- there is a sentence that provides: ‘‘Ad- onciliation bill, to sell the Power Mar- Mr. President, in this bill—in this ditionally, none of these funds should keting Administrations. The Power bill—we are about to pass here in the be used for economic development ac- Marketing Administrations with hy- Senate, there is no language under tivities.’’ droelectric furnish low-cost power to amendment 51. rural areas in this country. To do even It says: It is my understanding that this lan- better than that, the amendment came The conferees agree that the statutory guage was included because there was out on the bill that would sell the limitations do not prohibit the legislative concern by some members of Congress lakes that provide the water to gen- branch from initiating or conducting studies that money was being diverted from erate the electricity. or collecting information regarding the sale or transfer of the power marketing adminis- cleanup and restoration efforts and I want to tell you. A furor occurred trations to non-Federal ownership. used for economic development. It is down in my part of the country be- clear from this language that money cause you have recreation, fishing, Mr. President, the power marketing administrations are not off the table. should not be used for economic devel- camping, and swimming on these var- opment activities when those activities ious lakes—four of them in Kentucky We are just being backdoored, making are unrelated to the project for which where a father has taken a son fishing big headlines, big statements, ‘‘They the money was appropriated. However, and camping, and now that son is tak- are off the table,’’ then insert them in ing his son to the lake fishing and language, try to hide it, and in the lan- where this money can be used both to camping. And it is something a family guage of this bill, as an afterthought, I achieve its intended purposes and as- of low income can enjoy. suspect, they authorized GAO for the sist in community transition and di- So with all these furors that followed study. versification, it should be so used. Mr. President, I am torn about this suggestion, our people in my part The Department of Energy should whether to vote for this piece of legis- of the State said, ‘‘Sell the lakes? allow the use of these funds to achieve lation or not because it does authorize Never.’’ The calls came to Washington, as many positive results as possible and Speaker GINGRICH was contacted. GAO to make the study for the sale of these power marketing administra- and leverage this money to assist the And he assured them that this was off communities they serve in achieving the table—that it would not be consid- tions. So I want to just say to my folks economic diversification. ered. But it would be considered when that have an interest in it all across the communities have calmed down a the country—all across the country— ∑ Mr. HATFIELD. Mr. President, I little bit, and it would be revisited that you better be careful because the would like to engage in a brief colloquy when the communities are more com- majority has made up its mind it is with the distinguished chairman of the fortable with the sale, I believe the going to sell the power marketing ad- Energy and Water Appropriations Sub- Speaker said. But Mr. KASICH, the ministrations. And the testimony in committee, Senator DOMENICI. Included chairman of the Budget Committee, the House committee said that rates in the conference report to the fiscal said that they will be sold but it will be would go up, the rates would go up. year 1997 Energy and Water Appropria- done a little later because of the furor. If you want rural electrical rates to tions bill are provisions related to the Then the proposal to sell the Power go up, you just sell your power mar- Bonneville Power Administration. I keting administration, and you will see Marketing Administrations was pro- would like to focus on these provisions posed, and another furor followed. what happens to you. This majority is for a moment. Again, the Speaker said that this trying to sell everything. would be off the table. Mr. DOMENICI. Mr. President, I also As the chairman is aware, a longer So you have to watch around this want to thank the Senator from Ari- term regional review initiative was re- place, Mr. President, because there is zona for his comments. I am not sure cently announced by the Bonneville

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16393 Power Administration and the depart- the statement of managers accom- stiff opposition at every turn. Even ment of energy. It is my under- panying the conference report to H.R. though the United States promised this standing, as a member of the con- 1905 (H. Rept. 104–293), the House and water to these tribes, who more than ference, that the conferees were aware Senate conferees indicate that neither 100 years ago had been relegated by the of and supported this reexamination of technical support nor other support is Federal Government to dry, arid, Bonneville’s statutory authorities and provided for the Kotzebue project. lands, the fact is that the Utes have responsibilities. However, it is my un- I am disappointed by the language in not been provided the water that they derstanding that the conferees did not the statement of managers. I want to were clearly entitled to in the middle intend their action in this conference clarify that the conferees certainly did of the last century. report to prejudice any future regional not intend that the Department of En- discussions regarding the comprehen- ergy halt its current and future assist- In 1984, events took a turn for the sive regional review of Bonneville and ance for Kotzebue, which is an ongoing better. All the interested parties, in- the electric utility industry in the DOE wind energy project. Under the cluding the Ute Mountain Utes, the Northwest. Department’s sustainable technology Southern Utes, Federal agencies, the The sharing of benefits established in energy partnerships [STEP] program, States of Colorado and New Mexico, the Northwest Power Act of 1980 has Kotzebue Electric Association, with the local water districts, and other in- been accomplished in large part the State of Alaska, will receive volved parties sat down at the negoti- through a provision in the act known $580,000 in fiscal year 1995 funds from ating table. They worked together, and as the residential exchange. It is my the Department’s Wind Program for its within 2 years, in 1986, they came to an understanding that conferees believe 50/50 cost-shared project that will re- agreement on how water would finally there should continue to be a fair shar- sult in the installation of wind tur- be provided to the Utes. ing of the benefits from the Bonneville bines near Kotzebue. This pilot project Mr. President, I suggest to my col- system for all ratepayers across the re- is at the forefront of Alaska’s activi- leagues that this was a rare display of gion, consistent with existing law. To ties to promote wind energy for many cooperation. Water rights disputes in further this objective, the conferees of the State’s remote communities. the arid West can be bitter, emotional provided for $145 million to maintain The project will provide information fights of deep acrimony and enormous the residential exchange benefits at ap- on the potential of wind energy as a re- economic consequence. The Utes could proximately the fiscal year 1996 level. liable power source in our extreme arc- have asserted their Winters Doctrine It was not intended that BPA’s residen- tic climate. priority water rights in a manner that tial exchange payment of $145 million Furthermore, based on current DOE would simply have disrupted the social in fiscal year 1997 be recouped from estimates, approximately $50,000 in fis- and economic health of the Four Cor- cal year 1996 funds will be required to BPA’s residential exchange customers ners area. Instead, they chose good in the remaining years of the 5-year provide necessary technical assistance faith negotiation. And we are not hold- rate period. and support for the ongoing Kotzebue ing up our end. The conference report now before the project, which will eventually provide Senate encourages BPA and its cus- 5MW of wind generation for Kotzebue The agreement, in essence, was this: tomers to work together to phase out plus outlying villages. The United States shall provide water the residential exchange by October 1, Mr. DOMENICI. I appreciate the Sen- to the Ute Tribes, and in return, the 2001. Furthermore, it is my under- ator’s explanation of DOE’s continuing Ute Tribes shall defer their precious standing that the conferees did not in- involvement in this project, and agree senior water rights. The Utes surren- tend this encouragement to affect the that termination of support for the dered their most valuable tribal asset, current development of rates by BPA project would jeopardize many years of in return for which the United States because the outcome of the regional re- work. Accordingly, we did not intend promised to provide water. view and settlement discussions are to prohibit the Department of Energy The United States would provide not known at this time. or any other agency from continuing water not by taking it away from Mr. President, Let me ask the Sen- and completing on-going technical as- neighboring towns, farms and mines. ator from New Mexico, if this comports sistance and other support for the Rather, the United States would build with his understanding? Kotzebue, AK, wind project. the Animas-La Plata project so water Mr. DOMENICI. Mr. President, let me Mr. STEVENS. I thank the chairman could be acquired. This project would say in answer to my friend from Or- for this clarification. I take it the con- create an off-stream reservoir, so that egon, the distinguished chairman of ference merely meant that no funds it would not be necessary to dam the the full committee and the author of have been earmarked for the Kotzebue the provision we are now discussing, project. It does not object to the Animas River, which would in turn that his statement does indeed com- project. supply the Ute Tribes and non-Indians port with my understanding. Mr. DOMENICI. The Senator is cor- in the region with water. Mr. HATFIELD. I thank my friend rect. In 1988, as a Member of the House of for engaging in this dialog with me.∑ ANIMAS-LA PLATA Representatives, I introduced legisla- KOTZEBUE WIND ENERGY PROJECT Mr. CAMPBELL. Mr. President, I rise tion to implement and ratify this Mr. STEVENS. Mr. President, I have to commend the conferees to the en- agreement. The Colorado Ute Indian a concern regarding the conference re- ergy-water development appropriations Water Rights Settlement Act of 1988 port to H.R. 1905, the energy and water bill for their action on the Animas-La passed the House of Representatives by development appropriations bill for fis- Plata water project. This conference, a wide margin, and it passed this body cal year 1996, and would like to ask led ably by Senators DOMENICI and without a dissenting vote. Senator DOMENICI, the distinguished JOHNSTON and Congressmen MYERS and After Congress decided to provide chairman of the subcommittee, a ques- BEVILL, has taken a decisive step to- water by building the Animas-La Plata tion about the Kotzebue wind energy ward the expedient completion of the project, the Ute Tribes discovered a project in the State of Alaska. Animas-La Plata water project. new and unexpected enemy: The profes- Mr. DOMENICI. I would be pleased to In 1868, more than 125 years ago, the sional environmental advocacy groups try and clarify anything of concern to Ute Bands signed a treaty with the of this country. my friend from Alaska. United States. This treaty entitled the Mr. STEVENS. On page 90 of the Utes to water. One hundred years later, Mr. President, when we passed the original Senate report (S. Rept. 104– the Ute Tribes were not receiving their Settlement Act in 1988, at that time 120), the Appropriations Committee entitlement. Finally, in 1972, the the Animas-La Plata project had al- highlighted the Kotzebue project and United States filed suit on behalf of the ready met, and was in full compliance directed the Department of Energy Ute Tribes in an effort to quantify the with, all the requirements of our envi- ‘‘* * * to provide technical assistance native Americans’ water rights. ronmental statutes, including the Na- and other appropriate support for this Mr. President, the Ute Tribes have tional Environmental Policy Act, the project.’’ Unfortunately, on page 60 of encountered procedural hurdles and Clean Water Act and the Endangered

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16394 CONGRESSIONAL RECORD — SENATE October 31, 1995 Species Act. A final environmental im- unsatisfied water claims of two tribes There being no objection, the col- pact statement had already been com- of native Americans. They will stop at loquy was ordered to be printed in the pleted, all the appropriate consulta- nothing to meet their extreme ideolog- RECORD, as follows: tions had occurred, all the necessary ical agenda. Frankly, I am also dis- permits were in place. appointed that this administration has COLLOQUY BETWEEN REPRESENTATIVES MYERS AND MINGE When we ordered the Bureau of Rec- placed the ideological goals of the Fish lamation to build the project, we ex- and Wildlife Service and EPA ahead of Mr. MINGE. I wish to thank the ranking pected the Bureau to do just that. its trust responsibility to native Amer- member for the time and Chairman MYERS But environmental groups have ad- icans. for entering into this colloquy. I would also vanced claim after unfounded claim If the project dies, then this Nation commend the chairman and ranking Member against this project. Environmental will have again broken its word to na- for reporting a balanced bill, particularly in groups contend that more studies and tive Americans. I urge my colleagues support of the Biofuels R&D Program within the Department of Energy. And I would like more reviews are needed to complete not to follow this shameful path of dis- to clarify the intent of the conference com- this project, when in fact, this project honor and deceit. There are enough of these unfortunate incidents in the his- mittee with regard to this program. Am I has been the focus of years of study correct in understanding that nothing in the tory of this Nation’s dealings with na- and five reports issued pursuant to en- conference report prohibits continuing re- vironmental statutes. tive Americans. search, development and demonstration on This project has been the subject of Mr. President, the language before energy crops for fuels and electricity or in two separate biological opinions under the Senate in the Energy-Water Devel- any way discourages a continuation of the the Endangered Species Act, an envi- opment Appropriations conference re- ongoing biomass electric program in all ronmental impact statement and a port directs the Secretary of the Inte- States in parallel to the ongoing biomass draft supplemental environmental im- rior to proceed, quote, ‘‘without delay’’ fuels research, development and demonstra- pact statement under the National En- and construct the Animas-La Plata tion program, on the understanding that the expenditures for the biomass electric pro- vironmental Policy Act, and a section project. I urge my colleagues to sup- port this action. This project is the gram do not reduce the conferees’ alloca- 404(r) permit exemption under the best alternative, in the eyes of Con- tions to other biofuels programs? Clean Water Act. gress, to settle this water rights dis- This project has been reviewed with a Mr. MYERS. Yes, the gentleman from Min- pute. fine-toothed comb, but environmental nesota is absolutely correct. I would like to take this opportunity groups have threatened more years—40 Mr. MINGE. I wish to thank the Chairman to thank the chairman of the Energy- years, to quote one of them—of litiga- in regard to the intent of the conference Water Development Subcommittee, tion and delay. Their avowed purpose is committee. Senator DOMENICI, for his fine efforts to kill the Animas-La Plata project. on behalf of the Animas-La Plata DISPROPORTIONATE CIVILIAN R&D CUTS IN EN- Mr. President, I have heard talk of project. The Senator’s efforts are a ERGY AND WATER APPROPRIATIONS WILL alternatives to this project. Opponents credit to his uncompromising dedica- HURT IN THE LONG RUN of this project suggest that we should tion to the native Americans of Colo- Mr. BINGAMAN. Mr. President, I rise consider more alternatives. Any party rado and New Mexico, and I’m sure the to express serious concern about the is free to propose an alternative at any people of New Mexico appreciate his cuts made to civilian energy research time. Some have even suggested that service as much as my constituents in and development programs in the en- there may be a viable alternative to Colorado. the Animas-La Plata project. However, ergy and water appropriations con- BIOFUELS ENERGY SYSTEMS those who claim that we should con- ference report that will be adopted by Mr. GRAMS. Mr. President, I want to sider more alternatives are simply the Senate today. While some level of clarify the intent of the Energy and reduction to Government programs seeking to kill this project. They are Water Development appropriations not interested in providing water to may be expected in order to reduce and conference committee with regard to eventually eliminate the deficit, the the Ute Tribes as the 1988 Settlement their support of the Biofuels Research Act requires. drastic cuts in our civilian R&D pro- and Development Program within the grams, not just in this bill, but across If a so-called alternative does not Department of Energy. Based upon the civilian research agencies—with meet all of the terms of the settlement, contact my office has had with the the possible exception of the National then it is no alternative at all. Some Subcommittee on Energy and Water Institutes of Health—are shortsighted. groups claim they can muster an alter- Development Appropriations, it was native, but the only proposed alter- never the intent of the committee to Overall, this budget proposes a 17- natives would take water away from exclude the other 48 States when it percent reduction in our civilian en- parties to the 1986 agreement. Mr. made note of projects in Hawaii and ergy R&D from the level requested in President, that is not an alternative. Vermont. Projects, including those in the President’s budget. An ever larger That is a sham and a dealbreaker. my own State of Minnesota, would be percentage—35 percent—is cut from Why does this situation exist? It ex- eligible to apply for available funds as solar and renewable energy R&D. A ists because environmental extremists would be the rest of the country. Fur- chart comparing budget request levels simply oppose all major water projects thermore, I understand that it was versus the decisions contained in the —even an off-stream project like this never the intent of the committee to conference report, which I ask unani- one, designed to minimize environ- discourage a continuation of the ongo- mous consent be included in the mental impact. They ignore the social, ing biomass electric program in all RECORD at the conclusion of my re- recreational and economic benefits a States parallel to the ongoing biomass marks, shows the magnitude of the water project and settlement such as fuels research and development pro- cuts in the energy and water appropria- this can bring to an arid Western re- gram. tions bill. Cuts that will start us down gion. They disagree with the congres- While I have received word of the in- a path that will ultimately and inevi- sional policy decision to meet the tent of this clarification, I want the tably harm our Nation’s economy and water demands of the Ute Indian Tribes record to reflect that I will be carefully energy security. and other water consumers. watching the interpretation of this They do not want the Animas-La conference language by the Depart- The PRESIDING OFFICER. Without Plata project to be built, even though ment of Energy. Should there be any objection, it is so ordered. that is what Congress has ordered. Be- misunderstanding, I will work with the (See exhibit 1.) cause they oppose large water projects, distinguished chairman of the Energy they use environmental statutes as an and Water Subcommittee to rectify Mr. BINGAMAN. The Republican underhanded subterfuge to tie up this matter. budget resolution adopted in June will projects in court. With crafty attor- I also seek unanimous consent to reduce our civilian R&D budget to a neys, they can delay a project for have the attached colloquy between four decade low as a percentage of our years, and maybe even kill it. the House Energy Subcommittee Chair economy by the year 2002. These cuts Mr. President, this is what the envi- and my Minnesota colleague, Rep- will not be made up by the private sec- ronmentalists want. They do not care resentative MINGE, on this matter be tor, who are showing, through deep about economic security or even the printed in the RECORD. cuts being made in their own research

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16395 budgets, an ever narrower focus and an CUTS IN ENERGY R&D—FISCAL YEAR 1996 ENERGY AND $3.94 million goes to the regional bio- unwillingness to invest in long-term WATER APPROPRIATIONS BILL—Continued mass program and full funding is pro- research projects. So our research dol- [In millions of dollars] vided for biomass power projects in lars will be shrinking while those of Vermont and Hawaii. There is no in- Request Conference our economic rivals, Germany and struction for the remainder of the non- Japan for example, continue to rise. General Science and Research ...... 1,011 .7 981 .0 biochemical and nonthermo- Recognizing the importance of civilian Total DOE Civilian Research ...... 3,803 .5 3,166 .1 chemical biomass funding. Am I cor- research investments, they and other Fiscal year 1995 Total = $3,628.5 million. rect in stating that that remainder industrialized countries around the Cut from Requested Level = $637.4 million or 17 percent. could be applied to the Biomass Power world are seeking to emulate the suc- Cut from fiscal year 1995 Level = $462.4 million or 13 percent. for Rural Development Program? cessful American model of the last half ANIMAS-LA PLATA PROJECT Mr. DOMENICI. The Senator from century, just as we seem to be aban- Mr. BINGAMAN. Mr. President, there Minnesota is correct. DOE could apply doning it. is one more important point I want to the funding as he describes. In the energy arena, our investments make about this bill. I understand lan- I do not think there is anything fur- have paid off in terms of lowering en- guage regarding the Animas-La Plata ther on our side. ergy costs and creating new technical project was considered which would I ask for the yeas and nays. advancements in photovoltaic, wind have read, ‘‘In order to ensure the The PRESIDING OFFICER. Is there a energy, solar thermal, biofuels, and timely implementation of the Colo- sufficient second? geothermal systems. These develop- rado-Ute Indian Water Rights Settle- ments are positioning the United ment Act of 1988, and notwithstanding There is a sufficient second. States as a world leader in new tech- any other provisions of law, the Sec- The yeas and nays were ordered. nologies. This has been confirmed by a retary of the Interior is directed to Mr. FORD. Mr. President, I suggest recently completed report of the proceed without further delay with the absence of a quorum. Yergin Task Force on Strategic Energy construction of those facilities ap- The PRESIDING OFFICER. The R&D which found that ‘‘DOE energy proved for construction in the Final Bi- clerk will call the roll. R&D has resulted in billions of dollars’ ological Opinion for the Animas-La worth of annual consumer energy sav- The assistant legislative clerk pro- Plata Project, Colorado and New Mex- ings and new business opportunities.’’ ceeded to call the roll. ico, dated October 25, 1991.’’ I under- In addition, the Yergin report con- Mr. GORTON. Mr. President, I ask stand this language including the cluded that technological R&D ad- unanimous consent that further pro- phrase ‘‘notwithstanding any other vancements from both the public and ceedings under the quorum call be dis- provision of law’’ was rejected. private sectors are imperative in order pensed with. The conferees adopted substitute lan- for our Nation to meet its future en- The PRESIDING OFFICER. Without guage which says, ‘‘In order to ensure ergy needs. objection, it is so ordered. the timely implementation of the Colo- With all of the significant accom- Mr. GORTON. Mr. President, during rado Ute Indian Water Rights Settle- plishments these R&D efforts have the past 6 months the Northwest con- ment Act of 1988, the Secretary of the yielded, with huge potential in energy gressional delegation and the Clinton Interior is directed to proceed without products and services markets over the administration have spent a great deal delay with construction of those facili- next 25 years, and with the serious of time in an attempt to control the ties in conformance with the final Bio- trade deficit we now face, I ask my col- costs imposed on the Bonneville Power logical Opinion for the Animas-La leagues, how do these cuts make sense? Administration’s ratepayers by the En- Plata project, Colorado and New Mex- Well, Mr. President, in my opinion, dangered Species Act mandating recov- ico, dated October 25, 1991.’’ they do not. ery of certain salmon runs of the Co- I understand conferees adopted the I plan to vote for the energy and lumbia and Snake River systems. water conference report today. Given language they did because they are frustrated with the pace of the work to The threat of a financial collapse of where many Republicans started sev- the Bonneville Power Administration eral months ago on the defense side of comply with existing law before the Secretary can legally proceed to imple- and the reality of exploding fish recov- this bill, the conference report we are ery costs borne by the region prompted voting on today is not as bad as it ment the Colorado Ute Indian Water this attention. The Bonneville Power could have been. Essentially the bill Rights Settlement Act. Efforts to fi- Administration bears many financial preserves the President’s initiatives for nalize numerous steps required to burdens to threaten its ability to re- stockpile stewardship and arms control begin construction of the project, in- main competitive. The entire elec- verification and nonproliferation tech- cluding completion of a satisfactory tricity industry is being rocked by nologies, vital programs for our long- supplemental environmental impact fierce winds of change that were not term national security. However, the statement demonstrating compliance anticipated when the Northwest Power details that have emerged on the DOE with the National Environmental Pol- Act was passed by Congress in 1980. civilian research budget present a very icy Act, Clean Water Act, and the En- bleak story—one I fear will put our Na- dangered Species Act have taken sev- The most immediate and increasing tion’s well-being and prosperity at con- eral years. Based on assurances from burden on BPA and its ratepayers siderable risk in the long run. I urge members of the administration and the arises out of Endangered Species Act- the President to continue to fight for conference committee, the amendment mandated salmon recovery costs. adequate investments in energy re- is intended to provide clear direction Until just a few weeks ago, Clinton search even if he reluctantly signs the to the Bureau of Reclamation to com- administration officials at the Na- bill into law. plete the work necessary to move for- tional Marine Fisheries Service esti- EXHIBIT 1 ward by complying expeditiously with mated that BPA’s share of salmon re- these and other provisions of law. The covery costs for fiscal year 1996 would CUTS IN ENERGY R&D—FISCAL YEAR 1996 ENERGY AND House added $5 million to the adminis- exceed $600 million. As a consequence, WATER APPROPRIATIONS BILL tration’s budget request for the project the Clinton administration decided, [In millions of dollars] for fiscal year 1996, and the Senate con- quite correctly, that neither a collapse of BPA nor huge rate increases in Request Conference curred, to assist the Bureau in its ef- fort to comply with the directions of salmon costs would be tolerated by the Solar and Renewable R&D ...... 423 .4 275 .2 the amendment. people of the Pacific Northwest, and so Nuclear Energy R&D ...... 379 .8 231 .0 Environment, Safety and Health ...... 164.6 128 .4 Mr. WELLSTONE. In the conference the administration announced that Energy Research ...... 1,721 .4 1,518.5 report language, it is stated that $55.3 BPA’s salmon recovery costs would be (Of which: Biological and Environmental ...... (428 .7) (419 .5) million is provided for biofuels energy administratively capped at $435 million Fusion ...... 363.3) (244.1) systems. When $27.65 million is taken for the year. That agreement is incor- Basic Energy Sciences ...... (805 .3) (791 .7) Other Energy Research) ...... (124 .2) (63 .3) out for biochemical and porated in this bill. Energy Support Activities ...... 102 .6 32.0 thermochemical conversion, that (Of which: University and Science Edu- The Clinton administration also cation Programs) ...... (55.0) (20.0) leaves another $27.65 million. Then made the political calculation that the

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16396 CONGRESSIONAL RECORD — SENATE October 31, 1995 it started—on the brink of financial survival. I believe that it will survive, President could not afford to anger na- ruin because of rapidly escalating regardless of Federal policies designed tional environmental organizations by salmon-recovery costs. to protect it, but more fundamentally, supporting any legislative efforts to The agreement is also incomplete. I don’t worry because I don’t believe control salmon recovery costs borne by This agreement does nothing to pro- that that bird is vital to the human Northwest ratepayers. After all, earlier vide any certainty or predictability for condition or to life on this planet— this year, this administration enraged other economic interests along the Co- while I believe that families and people those organizations by signing a rescis- lumbia and Snake Rivers system. BPA are. I believe that preserving a reason- sion bill that included provisions on gets short-term relief from this agree- able amount of owl habitat—our old salvage timber and Northwest timber ment with the administration, but no growth forests—is important, but, in harvest programs. So the administra- certainty. truth, if you wish to portray me as op- tion, aware of this slow-burning anger Other rivers system users—ports, posed to the proposition that owls are among its environmental constituents, PUD’s, irrigators, agriculture, private more important than people, you are decided that it could not support a leg- utilities, non-Federal hydroelectric not far off the mark. islative remedy that would help the projects, recreational, and commercial ratepayers of the region because that users—are left with even less protec- I see salmon in a completely dif- action would further outrage a vital tion from Federal decisions to draw- ferent light. I am committed to con- political constituency. down reservoirs, spill water over dams, serving and restoring an abundant The only positive aspect of the re- increase water flows or even order dam Northwest salmon fishery. My legisla- sulting agreement is that it represents removal. tive proposal to accompany the energy the first acknowledgement on the part Arguably, this agreement by the ad- and water appropriations conference of the administration that there is an ministration to limit BPA fish costs, report would have locked into place a economic limit on Columbia and Snake while not changing Federal salmon pol- $500 million a year commitment to Co- River salmon costs. But this agree- icy, increases the chances that fish lumbia and Snake Rivers river salmon ment, while it represents our acknowl- costs will be shifted onto other eco- recovery. edgement of fiscal reality, is severely nomic entities in the region. Clearly, But ensuring a healthy salmon re- flawed and incomplete. these entities are not disinterested source in the Northwest is not a broad The agreement is flawed because it is spectators. They are affected greatly enough goal for the Columbia and so vague. First, we have not seen any by the vagaries of BPA policies and Snake Rivers system—we must also paper outlining the agreement. Second, NMFS decisions about how the water consider anadromous and nonana- without legislation, there is no real from the Columbia and Snake Rivers dromous fish, and resident fish popu- legal protection for BPA, or for the in- will be used. The characteristics of this lations. I will support Federal legisla- vestment already made by the region’s administration’s environmental poli- tion that provides that consideration ratepayers. cies are inherent all across this agree- and also assures comparable propor- Without such protection, BPA said ment—environmentalists are listened that many of its customers would leave to, but working people do not count. tionate commitments to salmon runs the system and purchase power from This agreement is flawed because it in other Northwest river systems. I am cheaper alternative sources. BPA said fails to deal with the root of BPA’s and convinced that, within reason, North- that letting its salmon costs escalate the region’s problem. The root problem west citizens will make large invest- uncontrollably would push it to the is not how much BPA and its rate- ments to restore the region’s fishery. brink of financial ruin. It was, in my payers spend on fish recovery. The root I believe that the region is com- view, no idle threat. of the problem is that this administra- mitted to such an unprecedented envi- But the best that BPA can now tell tion has used the ESA to craft a salm- ronmental investment because salmon its customers is that the administra- on policy that forces the most expen- are important to our Northwest econ- tion promises that $435 million a year sive possible measures for the least omy—they are important to our soci- from BPA should be enough for fish productive returns. ety, our culture, our lives. and, if not, there will be a pool of $325 Despite BPA’s agreement with the million in Federal dollars if costs ex- administration, the necessity to con- Let me emphasize this point. I will ceed that $435 million. trol BPA and the region’s fish and support Federal legislation that re- Mr. President, if the BPA is on the wildlife costs is hardly resolved. Many quires electric ratepayers in the Pa- verge of financial ruin, how can a will use this agreement as an oppor- cific Northwest to pay for salmon re- promise from the administration to not tunity to declare victory and go home. covery. I believe that people of the re- spend more than $435 million provide but if this agreement accomplishes gion are committed to this goal and the certainty that BPA says it needs? anything, it illustrates the need for are willing to pay for it. I ask only two What confidence can we have in an dramatic action now on legislation fun- conditions in return: First, that the agreement that can be broken if an ad- damentally to change salmon restora- level of expenditures be reasonably pre- ministration official decides next year tion and conservation practices on the dictable, and second, that the expendi- that BPA should spend more than the Columbia and Snake Rivers system. tures be for scientifically credible $435 million? The answer: no con- This agreement is unlikely, in the measures to strengthen the overall fidence. And what happens if a Federal long term, adequately to stabilize fishery. judge is asked to decide whether the BPA’s financial position. And, despite While it is inaccurate to claim that I $435 million was derived by political the claims of an administration cabi- am antisalmon, it is definitely true science rather than biological science net member that this agreement will that I disagree profoundly with the ad- and finds that number insufficient to recover the species, it clearly will do ministration’s salmon management meet the Endangered Species Act? An- little to restore an abundant North- policies. swer—the cap will be broken. west fishery. Why? Because this agree- What happens if that Federal judge ment perpetuates the status quo, a sta- What exactly is the current Federal issues orders that require BPA to spend tus quo that has accomplished little if salmon management policy in the more than the $325 million in tax- any salmon recovery. Northwest? Beyond spending a lot of payers’ dollars made available by the money, I’m not sure anyone can hon- agreement? Answer—taxpayers and estly tell us what’s been accomplished, ratepayers will pay more. Presently, I am typecast as an enemy or even what the goal of the recovery This agreement provides little, if of salmon. I would like to dwell upon plan for Columbia and Snake Rivers any, assurance to BPA customers that this typecast for a moment. Our last salmon is. This is a plan that only a they—or the Federal Treasury—will great regional natural resource debate bureaucrat could develop and under- not be forced to pick up the tab for was, of course, over the extent of meas- stand—it’s easy to write a plan like ESA-mandated salmon recovery. In ures to protect the northern spotted this when there is no political account- short, this agreement, with all of its owl. I will make a confession. While I ability, and you are spending someone what ifs, increases the likelihood that do not desire the extinction of that else’s money. That’s what the Federal the BPA will soon be right back where bird, I do not worry overly about its recovery plan for salmon boils down to.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16397 Today, Federal management of the as Northwest salmon recovery meas- Our region is just beginning to ex- Columbia and Snake Rivers system is ures and costs are dictated by the Fed- plore what to do in the face of changes driven by the ESA and it concentrates eral Government and the EPA we will that will dramatically reshape the re- on the weakest salmon runs for recov- court failure. We will have higher costs gion’s energy marketplace. Over the ery. and little, if any, increase in the num- next few months, I will be seeking the Fact: This administration’s ESA ber of salmon to show for it. opinions of all who are concerned about strategy on the Columbia and Snake It is time to change the direction of what the future holds for Northwest Rivers does not even propose to restore our salmon recovery policies and the energy policies. We will need to ask a vibrant Northwest fishery in any rea- agreement by this administration and questions—tough questions—that don’t sonable period of time. Fact: this re- BPA does nothing to do so. merely tinker around the edges but covery plan does not say that our na- Northwest salmon policy should be delve deeper in order to create more tional goal is to have the Columbia and changed so that it is directed at three competition and less reliance on gov- Snake brimming with millions of fish. goals. First, we must restore an abun- ernment subsidies. In a word—over- Instead, the ESA requires the region to dant fishery resource. Second, we must haul. enhance the fishery with the least pos- focus on saving weak salmon runs—not In this process our region will also sible economic dislocation. Third, we full species of salmon, not even sub- explore what to do about ESA-man- must give the authority over decisions species of salmon but only on what are dated salmon recovery measures and for salmon recovery back to the region. called distinct population segments. how to pay for them. I intend to par- Mr. President, I have my own views There actions may mean increasing the ticipate in this process. Questions of about effective salmon recovery meas- number of one listed run of Snake energy policy, the role of the North- ures, but I will fight hard to see that River sockeye from 10 in 1994 to 50 by west Power Planning Council and salm- Federal law is changed so that nobody 2000 forty individual fish. Despite the on recovery and its cost will come be- in Washington, DC—including me—will protestations of NMFS biologists, and fore Congress in the next several years. inside-the-beltway theorists, these re- make the decisions on how best to con- covery measures for sockeye salmon serve and enhance fish populations in I believe that residents of the Pacific have no connection to an abundant the Northwest. The region must be Northwest will not continue to tolerate salmon resource. given the freedom itself to make those exploding costs in the name of salmon NMFS states that recovery of the decisions. If our region, after an inclu- recovery, when the immediate benefits listed salmon runs will require 50 sive and thoughtful process, decides to are so slight and the promised benefits years, and acknowledges that a cen- spend $500 million a year to restore one are esoteric and distant. tury of extraordinary measures is prob- weak run of salmon—I will almost cer- Much of the Northwest was built ably necessary. To those involved in tainly disagree—but as a U.S. Senator, based on a model of Federal answers to tribal, commercial, and recreational I would defend, absolutely, the region’s regional needs. Those decisions were fishing, I warn that NMFS, empowered authority to make that choice. appropriated at one point in time be- by the ESA, is planning for a century I often disagree with our Northwest cause our region could not, without with no fishing. Indian tribes on issues of public policy Federal aid, have developed and grown. Do not misunderstand, people in the but our Northwest tribes should be But current salmon recovery measures Northwest do care about conserving heard on how best to restore an abun- still reflect the old faith in centralized and enhancing wild salmon. Wild salm- dant fishery. I often disagree with Federal answers to regional problems. on are valuable. But they are valuable Washington State’s representatives on because their survival and enhance- the NW Power Planning Council, but I Now, however, like nearly every issue ment can play a large role in the recov- believe that the Council should be in- before the Congress, the answer to the ery of an abundant and healthy re- volved in helping to make these deci- problems of the last 50 years may not source. We have learned that some de- sions. The heads of Northwest fishery be the answers to the problems of the gree of genetic diversity is important agencies and our best scientists should next 50 years. Policies that assure cen- to healthy salmon stocks. The problem have a significant voice in this process. tralized Federal control of energy and with the current law is that it empow- The region should decide which salmon salmon policy demand careful review ers Federal regulators to spend unlim- runs to enhance—not D.C. bureaucrats. and dramatic change. The status quo is ited amounts of money to save geneti- Northwest salmon management not the answer to the region’s prob- cally distinct salmon runs as a goal in measures should be decided by the peo- lems. itself and not as a measure to a broader ple, local governments and interests in Mr. MCCAIN. Will the Senator yield goal. the Northwest. Today, the region is for a question? The goal of Federal regulators is not barred from making these decisions be- Mr. GORTON. Yes. an abundant fishery, nor is their goal cause of Federal law. Federal law connected in any way to economic re- grants to one agency, the National Ma- Mr. MCCAIN. Does the Senator know ality. Federal policy—driven by saving rine Fisheries Service, nearly total and the other Members know it is Hal- one genetically distinct run—is in con- control over our Columbia and Snake loween and not only do Members have flict with rebuilding an abundant fish- Rivers systems. I want to dramatically children who they would like to go to ery. A fraction of the dollars the Fed- alter this miserable status quo—I want Halloween with, but there are members eral Government is taking from the the people of the region to make their of the staff here and all over Capitol Northwest economy, dedicated to re- own decisions on these issues. Hill that would like to observe Hal- covery of there specific fish popu- Mr. President, our country is now in loween? lations, would produce a infinitely a state of revolution over the excessive I know these are important issues. I greater return if focused on fish popu- role the Federal Government plays in know the Senator from Nevada is here. lations throughout the system, includ- our daily lives. The proposition that we We had one Senator who has already ing saveable salmon runs and some should take power from the Federal had to leave to miss a vote. I ask my wild stocks. Government and put it in the hands of colleagues just once to let us go ahead I make these points about current local people is driving the debate on and have this vote and submit written Federal salmon policy because the issues ranging from education to tele- statements for the RECORD. agreement arranged by the Clinton ad- communications to transportation to Mr. DOMENICI. Mr. President, I—— ministration and BPA does nothing to welfare. In the opinion of this Senator, change what is wrong with current the revolution should not stop there. The PRESIDING OFFICER. The Sen- Federal fish management policies and It shouldn’t stop there because these ator from Washington has the floor. practices. This agreement literally pa- aren’t the only fields in which a revolu- Mr. GORTON. I will yield to the Sen- pers over the problems inherent in poor tion is occurring. Another is clearly ator. Federal policy with dollars—dollars underway in the way our country deliv- paid by Northwest ratepayers and U.S. ers energy to families and businesses. Mr. DOMENICI. How much time did taxpayers. In the Northwest, this requires a thor- the Senator from Nevada want? But in the end, this flawed Federal ough review of BPA and the Northwest Mr. BRYAN. Mr. President, 5 min- policy will not be papered over. As long utility marketplace. utes.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16398 CONGRESSIONAL RECORD — SENATE October 31, 1995 Mr. DOMENICI. How much time does {Rollcall Vote No. 558 Leg.} I have introduced S. 1271, the Nuclear the Senator from Washington need? YEAS—89 Waste Policy Act of 1995. I hope we Mr. GORTON. I suppose I would take Abraham Faircloth Lott could move on legislation like this. about 10 minutes. Akaka Feingold Lugar Mr. President, 32 States currently I think the way in which the question Ashcroft Feinstein Mack Baucus Ford McConnell generate power from nuclear energy. A could be answered, I suppose, would be Bennett Frist Mikulski brief summary of a percentage of nu- to have the vote tomorrow. Biden Glenn Moseley-Braun clear energy consumed on a State-by- Mr. DOMENICI. I think the leader Bingaman Gorton Moynihan Bond Graham State basis is included for the RECORD, wants to get this bill finished tonight. Murkowski Boxer Gramm Murray Mr. President. Is there any reason on this side the Breaux Grams Nickles Bryan Grassley It is phenomenal to me that 82 per- Senators want a rollcall vote? Could we Nunn Bumpers Gregg cent of Vermont, 74 percent of Con- Pell just agree the Senator would have 10 Burns Harkin Pressler necticut and 74 percent of Maine’s minutes? Byrd Hatch Reid power is generated by nuclear energy. Mr. GORTON. I think I can probably Campbell Heflin Chafee Helms Robb These States should be working every complete in that period of time. Coats Hollings Rockefeller day to open up an MRS and a geologic Roth Mr. DOMENICI. Does the Senator Cochran Hutchison repository so their States do not have from Nevada want 5? Cohen Inhofe Santorum Conrad Inouye Sarbanes to shut down their nuclear power. Could we agree to vote at 6:05 p.m.? Shelby Coverdell Jeffords I will say they are simply years away Mr. JOHNSTON. From this side I do Craig Kassebaum Simon from doing that—and not tens of years not think that a vote is necessary. D’Amato Kennedy Simpson Daschle Kerrey Snowe but a very, very short period of time. Mr. DOMENICI. It is. DeWine Kerry Specter Mr. WELLSTONE. Yes, it is. Dodd Kohl Stevens It is time for this Senate to come to Mr. DOMENICI. I ask unanimous Dole Kyl Thompson grips with the issue of nuclear waste. Domenici Lautenberg Thurmond The Governor of my State recently en- consent that the rollcall vote which Dorgan Leahy Warner has been ordered start at 6:05 p.m. Exon Levin Wellstone tered into an agreement with the Sec- retary of Energy to finally remove the The PRESIDING OFFICER. Is there NAYS—6 objection? DOE and defense nuclear materials Brown Lieberman Smith that are stored at the National Engi- Mr. BIDEN. Reserving the right to Johnston McCain Thomas object. neering Laboratory in Idaho. Can the Senator put his statement in NOT VOTING—4 It is imperative that we move for- the RECORD—he will not change the Bradley Kempthorne ward with operating facilities to meet Hatfield Pryor outcome of the vote—so I can catch a 6 the terms of that agreement which will o’clock train and get home? So, the conference report on H.R. 1905 remove all materials from Idaho in the Mr. GORTON. I will not put my was agreed to. year 2035. statement in the RECORD. I do wish to Mr. LAUTENBERG. I move to recon- Mr. President, there is a uniqueness make it. sider the vote. about this agreement. It is no longer Mr. BIDEN. I have no objection. Mr. DOLE. I move to lay the motion just a signed piece of paper between The PRESIDING OFFICER. Is there on the table. DOE and a Governor. There is a Fed- any objection to the request? The motion to lay on the table was eral court order that the Department Without objection, it is so ordered. agreed to. of Energy is now operating under to Mr. GORTON. Mr. President, I was Mr. CRAIG. Mr. President, thank deal with the issues of Idaho and to going to say, under those cir- you. The bill that has just passed is ex- deal with the issues across the Nation. cumstances I am perfectly willing to tremely important to my State as it is That means 10,851 shipments of spent allow the vote to take place now and to a good many States in this Nation. fuel and transuranic waste will be leav- make statements afterward, if that Mr. President, this bill funds Yucca ing Idaho. This is the first time Idaho will help the Senator from Delaware. Mountain at $400 million for fiscal year has ever had a schedule for removal. Mr. BIDEN. That would be wonderful, 1996 with $85 million set for a mon- That schedule is now in place and a Mr. President. itored retrieval site. Federal judge says to DOE they must The PRESIDING OFFICER. Is there What does that mean? That means respond. objection to the modification? that to create a managed site to handle Mr. President, it is time that this Mr. BRYAN. I agree. high-level nuclear waste until Yucca Senate and this Congress came to- The PRESIDING OFFICER. Without Mountain is completed. The bill does gether in its obligation to the Amer- objection, it is so ordered. not designate where this MRS would be ican people to build the facilities nec- The Senate will proceed to vote now. located. essary to solve this very, very impor- And Senators can put their statements Under the terms of the current Nu- tant problem. in the RECORD or make statements clear Waste Disposal Act, an MRS can- Some day, some ratepayer and some after the vote. not be placed in the same State where taxpayer is going to catch on to the The question is on agreeing to the the permanent repository is located. fact that we are simply spending conference report. This means that this Congress must money and not addressing a problem. The yeas and nays have been ordered. act, and I hope it would act soon on a Mr. President, $5 billion, $10 billion The clerk will call the roll. bill to designate a site for a monitored later, one nuclear reactor down, the The assistant legislative clerk called retrievable storage. lights dark in a portion of a major city the roll. This administration continues to in this country because the power can Mr. LOTT. I announce that the Sen- fight a program to open a permanent no longer be supplied—that should not ator from Oregon [Mr. HATFIELD] and nuclear waste repository. They ask for be the answer to our problem. We the Senator from Idaho Mr. [KEMP- no money in their budget request and should respond and we should respond THORNE] are necessarily absent. they continue to be less than helpful in in a timely fashion. I further announce that, if present getting an MRS operational. I thank the Senator from Washington and voting, the Senator from Oregon This is a national disgrace, Mr. Presi- for allowing me to proceed. [Mr. HATFIELD] would vote ‘‘yea.’’ dent. This country has spent over $5 Mr. FORD. I announce that the Sen- billion—let me repeat, $5 billion—of Mr. GORTON. Mr. President, before ator from New Jersey [Mr. BRADLEY] electrical ratepayers’ money at Yucca the last vote, I had the floor and I was and the Senator from Arkansas [Mr. Mountain, and what do we have to asked shortly after I began my re- PRYOR] are necessarily absent. show for it? A 1-mile hole in the marks under this bill to allow the vote The PRESIDING OFFICER (Mr. ground. Which is a start, I have to to take place so that various people COCHRAN). Are there any other Sen- admit but we have a long way to go be- can go home. ators in the Chamber desiring to vote? fore an application can even be filed to I ask unanimous consent that the re- The result was announced—yeas 89, begin the process of opening a reposi- marks I am about to make be consoli- nays 6, as follows: tory facility. dated with those I made before the vote

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16399 and be printed in the RECORD before ferring their right to speak before the In 1982, the Congress enacted the Nu- the vote. vote in order to accommodate Members clear Waste Policy Act. I think the The PRESIDING OFFICER. Without who wanted to leave. Congress attempted to develop a sen- objection, it is so ordered. Mr. SARBANES. We understand that. sible policy. Its underlying premise is Mr. SARBANES. Reserving the right The PRESIDING OFFICER. There that we should search the entire coun- to object, I ask unanimous consent have been no other time agreements or try looking at various types of reposi- that Senator KERRY be recognized after restrictions. tories. We would look in the New Eng- the completion of Senator GORTON’s Mr. DOLE. There has been no consent land States of America for granite, statement. on who speaks? look in the Southeast for salt domes. Mr. REID. I object. The PRESIDING OFFICER. It will be We would look in parts of the West for The PRESIDING OFFICER. Objec- the Senator from Washington, who has a volcanic material called tuff. Those tion heard. the floor now, then the Senator from three sites would be evaluated and Mr. KERRY. Could the Senator in- Nevada has been recognized to speak studied—‘‘characterized’’ is the tech- form us how long he will anticipate following that, and then we had con- nical terminology that is used. And speaking? sent for Senator JOHN KERRY of Massa- those three sites would be forwarded to Mr. GORTON. Approximately 10 min- chusetts to follow. the President of the United States, and utes. The Senator from Washington. the President would make a decision. The PRESIDING OFFICER. Approxi- Mr. GORTON. Was my unanimous- The law also contemplated that there mately 10 minutes. consent agreement to have the speech would be regional bounds, or equity; Mr. REID. I was similarly situated consolidated before the vote? that is, no part of the country would with the distinguished Senator from The PRESIDING OFFICER. Without bear the entire burden of the Nation’s Washington. Both of us agreed to for- objection, it is so ordered. nuclear waste disposal. bear making a statement so the vote (The remarks of Mr. GORTON appear could proceed. at an earlier point in the RECORD.) Mr. President, no sooner had that I simply want the Senator from Mr. BRYAN addressed the Chair. policy been signed into law by Presi- Washington—we simply agreed to not The PRESIDING OFFICER. The Sen- dent Reagan in the early part of 1983, make our statement so that everybody ator from Nevada. than immediately politics became a could cast a vote, and those who want- Mr. BRYAN. I thank the Chair. driving force. In the campaign year ed to go home went home. Mr. President, the energy and water that ensued, candidates for the Presi- Mr. KERRY. Mr. President, the Sen- conference report that was just adopt- dency asserted that, if elected—the ator is correct, and I think that is fair. ed earlier this evening is correct when promise was made to constituents of I ask unanimous consent that I be it concludes that the Nation’s nuclear particular States that those States permitted to proceed after the Senator waste policy with respect to permanent would be off limits in terms of being from Nevada has completed. disposal is deeply flawed. considered for a nuclear waste reposi- The PRESIDING OFFICER. Without It is a program that has cost some $5 tory. objection, it is so ordered. billion, and the solution to the nuclear Indeed, the Department of Energy Mr. DOLE. How much time are we waste issue in America is no closer to itself was immersed in the politics of talking about here? resolution today than it was in 1982. nuclear waste and in an internal The PRESIDING OFFICER. Ten min- The reason for that, Mr. President, is memorandum concluded that New Eng- utes. that politics and not science has been a land with granite as a possible reposi- Mr. KERRY. I cannot say because it driving force. The second reason is be- tory site would be eliminated because depends on—there is no way I can an- cause of unrealistic deadlines that have the politics—the politics, not the swer that. been constantly mandated on the pro- science, Mr. President—would be too Mr. DOLE. Have you got consent to gram that have been counter- difficult. So one particular region of speak for more than 5 minutes? productive. the country would be written off. Mr. KERRY. I have consent to have Based upon some of the comments Ultimately it was decided that a re- the floor. made by a number of my colleagues pository should not attempt to be sited The PRESIDING OFFICER. There this evening, the Nation is about ready east of the Mississippi River, not be- was no specific time. to commit another serious error in nu- cause of the science, not because of the Mr. DOLE. We did not go into morn- clear waste policy as it relates to in- geology, but because of the politics. ing business? Because we have a speak- terim or short-term storage or, as it er on this side who wishes to speak and has been characterized by some, a mon- So I repeat, Mr. President, this is a I wonder how long he is going to have itored retrieval storage system. program that has been driven not by to wait. Mr. President, we have been to that science, but by politics and with the Mr. KERRY. Maybe the majority show before. In the early 1980’s the ad- imposition of totally unrealistic time leader and I could visit for a minute vocates of nuclear power, in urging lines. and see if we could work that out, Mr. upon the Congress the adoption of an That is not just the conclusion of the President. Would that meet the minor- AFR program, Away From Reactor Senator from Nevada. That is the con- ity leader’s approval? Program, indicated that unless action clusion of virtually every independent Mr. DOLE. Fine. I just do not want to was taken immediately, a number of comment or observation. The technical start speaking here and never get back nuclear reactors around the country review committee, the General Ac- to this side of the aisle. would be forced to close down because counting Office, and others have all la- The PRESIDING OFFICER. The Sen- of the nuclear waste problem and the mented that politics and unrealistic ator from Washington still controls the Nation would face an energy crisis. The deadlines have caused the problem. time. Congress did not respond to the request Mr. DOLE. Why do we not visit while made by the nuclear power industry, Mr. President, fast forward to 1987, 5 the Senator from Washington speaks? and no nuclear reactor was closed as a years after the enactment of the Nu- Mr. SARBANES. Are we limiting ev- consequence. clear Waste Policy Act. In a conference eryone to 5 minutes? In the debate that is about to ensue report done in the still of evening, Mr. DOLE. I thought we had gotten on the interim storage issue, we are without an opportunity to debate the the regular, routine morning business about ready to fall into that similar merits of this amendment, an addition for 5 minutes. Apparently not. trap that was foisted upon us by Con- was inserted into the conference report Mr. SARBANES. The Senator from gress in 1987 in urging unrealistic dead- which indicated that rather than three Washington, as I understand it, will lines and that science is to take a sec- sites being studied or characterized, speak for more than 5 minutes. We ond place to the politics of nuclear only one site would be studied and that have no objection to that. waste. site would be Yucca Mountain in Ne- Mr. GORTON. Both the Senators I think it may be helpful, Mr. Presi- vada. from Washington and Nevada are dent, to respond and to go into a little I know of no scientist worthy of that speaking on the bill we just passed, de- of the history of the program. name who would assert as a matter of

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16400 CONGRESSIONAL RECORD — SENATE October 31, 1995 public policy and good science that blance of fairness, made that point number of my colleagues in the Cham- that was a sensible judgment. And yet that if you are being considered for the ber are suggesting that the Federal the politics dictated that the State of permanent repository, you ought not Government must preempt local gov- Nevada, a small State with a small to have to be considered for the in- ernment decisions and somehow formu- congressional representation, should be terim storage. late this policy of having an interim targeted out as the site and the only Recognizing another political fact of storage site chosen by this Congress site to be characterized. life, a reality, the Congress further and the site to be chosen is Nevada. This was not done in the context of concluded that an interim storage That makes no sense to me, Mr. Presi- public policy debate. It was not done ought not to be selected until after the dent, and I see no reason why that need where the representatives of Nevada permanent site is selected because of be done. had an opportunity to debate the mer- the concern that everybody in this I might also point out to my col- its or demerits. This was done surrep- Chamber fully understands, that once leagues that there is a certain hypoc- titiously in a conference report, and as an interim site is chosen, it will de risy. A number of my colleagues have the Members of the Chamber fully un- facto—de facto—become the permanent gotten up and have expressed their derstand, that means that it is impos- site. That is the state of the record. strong support and commitment for sible to debate an amendment to re- What is involved with all of this nuclear power. Many apprehend that move that provision up or down. hysteria about the need to have imme- the industry, which is on its death bed I wish I could say that that is the diately an interim storage? It is the in terms of its economic vitality and only tragic experience that the State hysteria and propaganda of a nuclear its prospects in the financial markets of Nevada has had with the politics of power industry. Current law authorizes of the world, they believe passionately nuclear waste. In 1992, the issue before on-site storage, called dry-cast storage, that locating an interim-storage site the Congress was in an energy bill. In and a number of responsible nuclear will regenerate interest in terms of the neither the House nor the Senate was utilities have availed themselves of it. financial markets in the country in nu- debate or consideration given, as that Not far from the Nation’s Capital, I clear power. That is fine if they believe piece of legislation was processed, to a was privileged to visit such a nuclear that. We have heard impassioned pleas reduction of health and safety stand- reactor site in Calvert Cliffs where on- by the distinguished senior Senator ards that would apply only at Yucca site dry-cast storage currently exists. from Louisiana. Mountain. It results in no change in the law and Let me just say to my colleagues Once again, Mr. President, the State is available as a result of it having that those of you who believe that a of Nevada was victimized by having a been licensed by the Nuclear Regu- nuclear power future is the future that provision inserted into the energy bill latory Commission. you envision or contemplate for Amer- that had not been debated, had not This provides a window of oppor- ica, and if you think that that is the been considered by the Members of ei- tunity of approximately 100 years for kind of public policy we need to adopt, ther House, and was added to the con- us to deal responsibly and sensibly volunteer your own State. Volunteer ference report. Once again, the State with the issue of nuclear waste and not your own State. The current law per- was disadvantaged in terms of raising driven by the immediacy of the politics mits a State to step forward and say, legitimate public health and safety nor of the unrealistic deadlines that ‘‘Look, we will voluntarily accept an issues because the conference report is are being thrust upon us. interim site,’’ and if that is what you up or down, no opportunity to amend. I know most Members of the Cham- believe and you are honest with your The 1987 amendments are known ig- ber would assume Nevada is the only convictions and consistent with your nominiously in Nevada as the ‘‘screw one with a dog in this fight. That is convictions and believe it is in the na- Nevada’’ plan. The 1992 amendments simply not the case. Mr. President, tional interest, then go ahead and vol- are ‘‘screw Nevada II,’’ and I am afraid there are 43 States that will be affected unteer your own State. that we are about to see unfold in this by the transfer of nuclear waste across What I take strong exception to and Congress what might be ‘‘screw Nevada the country. Some of the largest cities bitterly resent is the notion that some- III.’’ in the country, some of the most popu- how only Nevada can be the solution lous areas will be affected by some Mr. President, the State of Nevada for the interim and the permanent nu- 16,000 shipments that literally will continually seems to be focused with a clear waste problem in America. I do move from every point on the compass. nuclear bull’s-eye on either Yucca so, Mr. President, because Nevada has Mountain or the Nevada test site. As in Not only do we apprehend the possi- not chosen to have a nuclear power fu- 1981 when the Away From Reactor Pro- bility of an accident, there are literally ture. We have no nuclear reactors in gram was debated, again we hear the hundreds and hundreds of derailments Nevada. We do not want nuclear reac- hysteria beginning to mount that un- each year in which a shipment of high- tors in Nevada. We had no part of the less we provide for interim storage, nu- level nuclear waste could be the sub- decision made by many States to lo- clear reactors will close and, indeed, ject of an accident, more recently in cate nuclear reactors in their own regions of our country may be left Hyder, AZ, as we tragically found out States and their own communities, and without power. the possibility of an act of terrorism. I Nevada ought not to be called upon to Nonsense. No nuclear reactor closed cannot think of a more inviting target: bear the burden of the Nation’s high- in 1981 as a result of the failure to a train load of high-level nuclear waste level nuclear waste when it neither adopt the AFR program. And no nu- en route to a major metropolitan area sought such a policy nor participated clear reactors are about ready to close to be targeted for an act of terrorism. in the decision of other States to do so. today because of the failure to provide As we have learned in the Hyder, AZ, So, end this hypocrisy for those of for an interim storage. incident, it took but a matter of min- my colleagues who want nuclear power There are two provisions, Mr. Presi- utes and did not require much sophis- to continue as a source of energy for dent, that currently exist in the Nu- tication to effect that tragedy. America. Step forward and do the re- clear Waste Policy Act that I appre- Mr. President, in this Congress, we sponsible thing if that is what you be- hend are in danger. One is a matter of have heard a lot about State’s rights. lieve: Volunteer your own State. You fairness. One simply states that if a Most of the debates in the major pieces can do so, but leave my State out of State is being characterized, studied, of legislation that we have had have that equation, because we did not buy evaluated for the permanent high-level constantly emphasized the importance into the nuclear bargain that you did. nuclear waste repository, it may not be of returning to the States, to abandon designated as an interim storage, an the notion that the Federal Govern- Mr. President, I thank you, and I MRS, monitor retrieval storage. Nu- ment has preeminent wisdom on major yield the floor to the distinguished clear waste, whatever one feels about public policy issues, to allow the Senator from Massachusetts. the propriety or the soundness of pur- States to make decisions for them- Mr. KERRY addressed the Chair. suing nuclear power, ought not to be selves. The PRESIDING OFFICER (Mr. the burden of a single State. And the It is for that reason I find it incon- GRAMS). The Senator from Massachu- Congress in 1992, to effect some sem- sistent with that philosophy that a setts.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16401 MIDDLE EAST PEACE FACILITA- Let me also say for the Record, I would simply be back where we are, in TION ACT AND STATE DEPART- heard the majority leader—and I had a a position of not having really MENT REORGANIZATION chance to talk with him briefly now— furthered the legislative process what- Mr. KERRY. Mr. President, during earlier today express his concern that soever and having forced the Demo- the interval, I had an opportunity to somehow additional requests were cratic caucus to then come back and visit with the majority leader, and I made of Senator HELMS at a sort of filibuster the conference report, which think that we have agreed to try to subsequent, post-meeting time that takes none of us anywhere. find a way to resolve some of the im- somehow upset the negotiating proc- So the purpose of the agreement we passe here. But I would just like to say ess. And I simply want to clarify, for reached on September 29, where we re- for the Record, and I think it is a very the RECORD, that we have had a series leased the Middle East peace facilita- important principle that we need to try of meetings with Senator HELMS. In tion program in order to arrive at the to set out on the Senate floor at this fact, on September 29, late in the agreement of the managers’ amend- time with the hopes that it will enable evening, we entered into a unanimous- ment, we said the following: We en- consent agreement which said that us to depart from a new point tomor- tered into a unanimous-consent agree- after the managers of the bill have row with respect to the issue of the ment that we would turn to S. 908 after agreed on a managers’ amendment, S. State Department reorganization and the managers of the bill have agreed on 908 would come back to the floor. Sub- the reauthorization bill, S. 908. a managers’ amendment. sequently, we went to work trying to There is currently a direct linkage, reach some kind of an agreement. Now, if we have agreed on a man- regrettably, between the passage of the We had a series of meetings over a agers’ amendment, and that is the rea- Middle East Peace Facilitation Act and period of weeks, and during the course son we allowed the bill to come to the the arrival at an agreement by the of those meetings, we managed to pull floor, what would the purpose be of managers of S. 908. I would simply like together a certain number of proposals taking that position and simply throw- to say for the Record, and I do not in- that we made to Senator HELMS, in- ing it out the window as we go to the tend to go on at great length about this cluding a specific figure of reductions. conference? So we have simply asked or to try to create a firestorm of any During the course of the meeting with that as we go into the conference, kind, but I do want to say for the Senator HELMS, he indicated that the there be some agreement. We are not Record that there are many, many offering of reductions was not suffi- unwilling to change what we do; we are Members on the Democratic side, and cient and that, therefore, there was not unwilling to suggest that the particularly all of the members on the really no room for further discussion at House might not have a better pro- Democratic side of the Foreign Rela- that time. And so the meeting, Mr. posal, or that some other proposal tions Committee, who feel very, very President, really terminated prior to might not be put in front of us at a strongly that it is inappropriate to our having completed all of the issues. later time; but we believe that there link the Middle East Peace Facilita- Subsequent to that meeting, as ought to be a de minimis position that tion Act to a reorganization, an inter- progress was made in an offering on the the Senate has arrived at and that, by nal reorganization of departments of numbers and other issues, it became consensus, we would agree on further foreign policy in this country. apparent that there might then be changes, not that changes could not be One represents an internal bureau- more room for discussion, and so those made. cratic decision; the other represents an items that were simply never reached That is not an uncommon position agreement by the United States of during the course of that meeting were for the U.S. Senate to take. We often America, signed by the President of the put on the table, as they had been, I instruct our conferees that the position United States, to engage in a certain might add, in previous discussions. taken in the Senate will be the posi- set of actions with respect to a very I have secured from the administra- tion. We have instructed conferees that volatile issue universally accepted to tion a finite list of items. I have indi- we will not recede from a certain posi- be one of the most complicated and im- cated to Senator HELMS that that list tion. Indeed, when we have had 87 or 90 portant to the United States and to will not change, and it has not votes on a particular issue in the Sen- other countries in the world. changed. I have indicated to Senator ate, that has almost automatically dic- Our ally, Israel, does not deserve to HELMS that we have even screened out tated that was the consensus position have the peace process made hostage to a number of issues from the list that of the Senate—that we would not re- a bureaucratic decisionmaking process we gave him, which the administration cede from it. in this country. My hope is that in gave us, that we thought were impor- order to permit us to go forward, we tant, but which members of the com- So we do not think we are asking for can be told that that linkage will not mittee felt strongly that they did not anything unreasonable, Mr. President. exist; that that linkage is inappro- want to delete. So it is already a re- One of the great difficulties here is priate. I think the time is of the es- duced list. that, in the unanimous-consent agree- sence here, because this facilitation There is one final issue that the ma- ment we came to with the chairman of act will expire within hours—the next jority leader referred to which we the committee, there are only 4 hours 24 hours—and we have a small window think is a fair issue for concern. As we of debate and only one amendment. If of opportunity here to try to correct currently stand today in the Senate, a we are to come to the floor with a man- this situation. united Democratic caucus is unwilling agers’ amendment and only one amend- I might also add, Mr. President, and to allow this bill to move for the sim- ment, and that amendment is to con- I say this purely for the purposes of ple reason that the caucus objects to template a full reorganization struc- making the Record clear as to where having a one-sided process foisted on ture with major reductions which we stand, that there are now 18 nomi- it, where there is not some kind of give would affect salaries, posts, post clos- nations being held up within the For- in the legislative process. And so we ings, and administrative capacity, we eign Relations Committee; the START are concerned that, without some have to make sure that it is correct. treaty is being held up within the For- agreement about a Senate position, a That is not easy. We have to make sure eign Relations Committee, and the Senate consensus, if you will, that we that we have really crossed the t’s and chemical weapons treaty is also being arrive at to go to a conference without dotted the i’s and come to an agree- held up. Clearly, there is a lot of hos- some assurance that the Senate posi- ment that we can all understand. tage-taking here, and while I under- tion is the position we will try to So I say again to my friend, the stand completely the desire of the achieve out of the conference, to effec- chairman from North Carolina, that we chairman to move in a certain direc- tively do nothing now, because it are prepared to sit tomorrow, but we tion, I think it is equally important means that whatever we pass here, are not prepared to sit in a hostage sit- that we try to do so with comity, with- without some assurances about where uation. We need to know that the com- in a collegiate atmosphere and with bi- we will go with respect to the Senate mittee business can move forward, and partisanship, because foreign policy position in the conference, would sim- we need especially to know that this has always been stronger when we are ply open the bill up to be completely particular peace initiative, which is so bipartisan. rewritten in the conference. So we vital to our ability to move forward in

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16402 CONGRESSIONAL RECORD — SENATE October 31, 1995 the Middle East, will not be linked to has been highly controversial ever The play of the game is that the chair- this particular effort. since it has been brought out of the man and others support a certain con- I cannot emphasize that enough. We committee, in my judgment. solidation proposal, and they in effect are at a critical point in the Middle Now, that is one problem: what is to say if we do not get our way on it we East peace process. Israel’s withdrawal be done on the reorganization. are not going to allow any other busi- from the West Bank town of Janin has A different problem has been raised ness to be transacted. We will not act just begun. The Secretary has just ar- by the linkage of the reorganization on these ambassadors. We are not rived back from Oman, from the eco- with every other matter in the foreign going to act on these treaties. We are nomic summit, where the United policy field. Now, it is graphically dem- not going to act on any other matter States and Japan and Europe are work- onstrated at this particular time be- before the committee. ing with countries of the Middle East cause we have the situation of holding to finalize the initiatives for the devel- up the Middle East Peace Facilitation It has been highlighted here of course opment of the West Bank and Gaza Act, which expires at midnight tonight because we have this pressing issue of economy. And with the passage, only a and needs to be extended. the Middle East Peace Facilitation Act week ago, of the Jerusalem initiative Of course, failure to extend the Mid- which expires at midnight tonight. in the Senate, it is really even more dle East Peace Facilitation Act could These nominees that are being held important that the U.S. Senate fulfill cause serious harm to U.S. national in- hostage—our Foreign Service officers— its role, together with the administra- terests and to the cause of peace in the are not being held hostage by for- tion, in representing the United States, Middle East more generally. I will not eigners; they are being held hostage that we fulfill our role as a facilitator go into all the provisions of the right here in the U.S. Senate. It is very and an honest broker in the peace proc- MEPFA because it is a matter that has unfair to the individual nominees and ess. been considered here before. their families. They are being punished Our policy in the Middle East has al- It has been moved through by over- for reasons completely unrelated to ways been bipartisan, and we believe whelming support in the Congress. If their nominations. that some things should be above poli- the United States fails to play its role tics. And peace in the Middle East is in that process, other nations will Secondly, I think it is symptomatic clearly one of them. So the delinkage, cease to play their part. Of course, the of a very disturbing trend towards dis- we believe, is extremely important, efforts to move towards peace will be paraging and undermining the profes- and holding a critical piece of legisla- severely hampered. It is clearly a mat- sionals in the Foreign Service. tion hostage to a proposal about how ter of vital national interest and it Finally, I think it is clearly contrary the foreign affairs bureaucracy in this ought not to be held hostage. to the national interests of the United country is organized, I think, undoes Now, this is not the only hostage States. some of that facilitation capacity and that is being held. In fact, the list is honest broker perception. very, very long indeed. I do not intend Now, many of these nominees have So it is my profound hope that to- tonight to address all aspects of that. I families. They have children who morrow we will all make wise decisions do want to make the point that in ef- should have started school in the dealing with these two items and come fect everything on the Foreign Rela- places to which they are expecting to to an agreement on a managers’ tions Committee agenda is being held be sent. They have made arrangements amendment, which I believe is possible. hostage in the insistence that capitula- in their personal lives to undertake I hope we will do that. tion be made in order to gain their way this responsibility and they are being I yield the floor. on a substantive piece of legislation. taken hostage not for an issue that in- Mr. SARBANES addressed the Chair. The ambassadors are being held up, volves their nomination—that is a dif- The PRESIDING OFFICER (Ms. the START II treaty is being held up, ferent matter. SNOWE). The Senator from Maryland is the Chemical Weapons Convention, the None of this involves the nominee or recognized. Convention on Biological Diversity, the nominee’s record. It is an issue to- Mr. SARBANES. Madam President, I the Law of the Sea Treaty, more than tally unrelated to the nominee. They question this whole idea of linkage. I a dozen bilateral investment treaties, are being used as hostages in order for do not think it has legitimacy. I have mutual legal assistance treaties and people to gain their way on a com- never seen it used to this degree, or in extradition treaties are being held up. pletely unrelated issue. this manner, in the 19 years that I have Some of these treaties may well turn been in the Senate, and I think it is out to be controversial. Others are not. Now, U.S. interests also suffer, and I very harmful to the national interests In any event, we ought to be able to think suffer severely by our failure to of the United States. deal with them. We ought to have a send these ambassadors out to assume Now all of us have bills we would like business meeting of the committee and their jobs. I do not know that I need re- to see get enacted. There is a process address them, report them out, amend mind my colleagues about the danger one goes through in order for that to be them, turn them down—whatever the connected with this line of work. accomplished. Senators can oppose will of the Members may be on the sub- The fact of the matter is in the last that, and of course under the rules of stance of the matters that are before 25 years more ambassadors have lost the Senate, if enough Members are in the Senate. their lives in service to their country opposition you may be required to gain Now, I have seen ambassadors held than have generals in the armed serv- 60 votes in order to limit debate, in up on occasion—usually one or two of ices. There is an honor roll in the State order to get to the consideration of the them—but I have never seen this un- Department of the men and women legislation. precedented situation. There are cur- who have lost their lives serving the Now, the reorganization plan for the rently 18 ambassadorial nominees in Nation. foreign policy agencies of the Govern- the committee who have had their ment is highly controversial. It has hearings and are waiting to be re- Not having these ambassadors out very severe and significant foreign pol- ported. Some have had their hearings there at their posts only can hurt the icy implications. Some support it, as far back as early and midsummer. United States. They are not there pro- some oppose it, some are in between. They have been waiting for months moting U.S. interests such as human They support some parts of it, oppose now for movement on their confirma- rights, conflict resolution, other parts of it. tion. Others have their files completed antiterrorism, counternarcotics co- Many objective outside groups who and are awaiting hearings. There is operation, encouraging U.S. exports. deal in the foreign policy field are crit- also a large number of Foreign Service They are not there to assist U.S. tour- ical of one or another aspect of the pro- officers whose promotions are being ists or business people. They are not posal embraced in the plan put forward held up. there to deal with sensitive situations. by the chairman of the Foreign Rela- This situation is very disturbing for They are not there to promote U.S. tions Committee. three related reasons. First, it is unfair good will and to represent American Now, that bill was not a bipartisan to the individual nominees and their values and ideals. Some of these are product out of the Foreign Relations families who have absolutely nothing countries like Malaysia, South Africa, Committee—just to the contrary. It to do with this consolidation proposal. Indonesia, Pakistan, China, Lebanon.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16403 Let me just quote from a letter that wife recently wrote a very moving let- Mr. PELL. Correct. was sent by the American Academy of ter to the editor of the Washington Mr. SARBANES. Has my colleague Diplomacy. The American Academy of Post, in the course of which she said, in ever seen anything comparable to what Diplomacy is chaired by the former defense—it should never have been nec- is now taking place? Secretary of State, Lawrence essary for her to have to defend—but Mr. PELL. No, and that is the point Eagleburger. Lawrence Eagleburger is she said: that bothers me. cited by the chairman of the com- Our diplomats are some of the finest, brav- mittee in support of his reorganization est, most courageous people I have ever met. Mr. SARBANES. I thank the Sen- proposals. In fact, he testified in front In the past 10 years alone, my husband and I ator. of our committee in support of certain mourned the death of seven of our friends Mr. PELL. I think we should deal aspects of the reorganization proposal and embassy colleagues. with the question of the extension of which the chairman now is trying to She then goes on to list them. MEPFA on its merits and the merits leverage through. He will not take it She says, commenting about these clearly lie with the quick passage of on its own and deal with it through the remarks that have been made, about the short-term extension. We should regular process. He wants to hold all the long coats and the high hats and not, as Senator KERRY noted, trifle these other things hostage to it. the marble palaces: with the peace process for the sake of Let me quote from the letter the I am outraged also because I remember the reorganizing our bureaucracy. We Academy sent on this very issue: dangers as well as the many hardships our should pass MEPFA now with no link- The Academy has taken no position on the family endured in Bob’s 20-year career. age. authorization bill which is currently in con- So, Madam President, I just took the In this regard, I am particularly tention. But it does not believe the country’s floor to challenge the fundamental struck by the words of the Senator larger interests are served by linking action premise of the legitimacy of this link- from Maryland. I know I am correct in on that bill to the ambassadorial nomination process. Doing so would leave the United age. I have never seen it done in this saying I am the only former Foreign States without appropriate representation in manner or to anything approximating Service officer in the Senate. Because these countries at a time of dramatic, histor- this degree. It is my strongly held view the Foreign Service was only created ical, global change. We believe that decisions that very important national interests in 1926 under the Rogers Act, I think I on America’s diplomatic representation of the United States are being sac- am the only Foreign Service officer abroad, including both the timing of such ac- rificed. ever to have served in the Senate. I tion and the qualifications of those nomi- I yield the floor. would also point out this linkage that nated, should be made strictly on the basis is being created by the chairman of the of our interests in the country involved. EXHIBIT 1 committee not only sets a bad prece- I think that is very well put. I com- THE AMERICAN ACADEMY OF DIPLOMACY, dent, but is a linkage that should never mend the entire letter to my col- Washington, DC, August 9, 1995. have been made in the first instance. It leagues. Hon. JESSE A. HELMS, Chairman, Senate Foreign Relations Committee, has not been done in the past and it I ask unanimous consent to have it Washington, DC. would be a great sin to move this way printed in the RECORD at the conclu- DEAR MR. CHAIRMAN: The Academy has now. sion of these remarks. noted, according to press reports of August 2, The PRESIDING OFFICER. Without that following a deadlock in the Senate on I also congratulate the Senator from objection, it is so ordered. the State Department authorization bill, a Massachusetts on his handling of this (See exhibit 1.) hold would be placed on 17 ambassadorial debate on this matter. As chairman, Mr. SARBANES. In addition to hold- nominations and that committee action was and now ranking member, of the Inter- being canceled or postponed on 22 other ing these Ambassadors hostage, the national Operations Subcommittee, he nominations subject to Senate confirmation. has done an outstanding job. chairman is refusing to take action on The Academy has taken no position on the a number of other very important mat- authorization bill which is currently in con- I promised to limit myself to 4 min- ters before the committee, a number of tention. But it does not believe the country’s utes, and I think I have complied. very significant treaties. We have com- larger interests are served by linking action The PRESIDING OFFICER. The Sen- pleted hearings on the START II trea- on that bill to the ambassadorial nomination ator from New Hampshire. ty. Agreement has been reached on all process. Doing so would have the United States without appropriate representation in the substantive issues relating to that f treaty, but no business meeting has these countries at a time of dramatic, his- toric global change. been scheduled to consider it. We have We believe that decisions on America’s dip- LOUIS BEAULIEU not moved on the Chemical Weapons lomatic representation abroad, including Convention, the Convention on Biologi- both the riming of such action and the quali- Mr. SMITH. Madam President, I rise cal Diversity, and the Law of the Sea fications of those nominated, should be made for just a brief moment to pay tribute Treaty. More than a dozen bilateral in- strictly on the basis of our interest in the to a friend who has passed away re- vestment treaties, mutual legal assist- country involved. cently. I wanted the Senate to have Sincerely, ance treaties and extradition treaties some idea of what a great man he was. are being held. L. BRUCE LAINGEN, President. Mr. President, my good friend Louis So, Madam President, I will not go Beaulieu was born March 26, 1924. He on at greater length. It is late into the The PRESIDING OFFICER. The Sen- passed away this year on his 71st birth- evening. There are a number of other ator from Rhode Island. day, March 26, 1995. observations I would like to make on Mr. PELL. Madam President, I thank this ambassadorial issue because I the Senator from Massachusetts, [Mr. Mr. President, Louis Beaulieu was think we are being terribly unfair to a KERRY], and the Senator from Mary- not only a friend for over 15 years, but lot of people, people who really put land, [Mr. SARBANES], for their re- a great American patriot. No, you their lives on the line and are dispar- marks and their thoughts. I absolutely would not recognize his name with the aged, often, here in the Congress in the agree it is inappropriate to link likes of George Washington, Thomas course of debate, in a very unfair way. MEPFA to the State Department legis- Jefferson, and Thomas Paine, but if These attacks on these professionals lation. I do not recall in the years I Louis Beaulieu had lived in 1776, he are extremely unfair. They are losing have been in the Senate, 35, or as chair- would have stood shoulder-to-shoulder their lives. Then we are told that they man of the committee, any similar ac- with those great Americans as they wear long coats and high hats and live tion being taken. carved out a Nation. Louis Beaulieu in marble palaces. Mr. SARBANES. Will the chairman had the same trust in God, love of fam- Ambassador Robert Frasure lost his yield on that point? When did the ily, patriotic spirit, and sense of honor life in Bosnia. He was not wearing a former chairman, if I may say, the very that characterized the Founding Fa- long coat and high hat. In fact, as distinguished former chairman, go on thers that Louis admired and loved so State Department spokesman Nicholas the Foreign Relations Committee? much. Burns put it, ‘‘he was riding in an ar- Mr. PELL. I think it was 1964. I want to take a few moments to mored personnel carrier and wearing a Mr. SARBANES. So the Senator has share with my colleagues a little bit flak jacket, not striped pants.’’ His been on it more than three decades? about Louis Beaulieu’s life.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16404 CONGRESSIONAL RECORD — SENATE October 31, 1995 Louis lived his entire life in Louis Beaulieu, ‘‘thanks for the bates we have had in the Senate con- Newmarket, NH, and he shared his last memories’’, and the friendship. cerning United States policy toward 46 years with his wonderful wife, and Madam President, I ask unanimous Communist Vietnam. But I do not my close friend, Lois. Together they consent that a tribute written about think some of my colleagues or the had seven children, Judy, Jeanne, Louis’ wife, Lois, on the eve of his American people are generally aware of Janie, Joanne, Janet, Jill, and Louis. passing be printed in the RECORD. the extent to which this administra- For those 46 years Louis also owned There being no objection, the mate- tion is continuing to stonewall and and operated a small business side-by- rial was ordered to be printed in the drag its feet in efforts to resolve key side with Lois. ‘‘Beaulieu and Wife RECORD, as follows: questions on this POW/MIA issue. Al- Auto Towing and Salvage’’ was the THE LEGACY OF LOUIS BEAULIEU though the administration’s rhetoric name Louis gave his business, illus- might suggest otherwise, the facts trating his clever wit and unpre- (By Lois Beaulieu, March 25, 1995) show that many leads which could re- tentious personality. My Louis is a legend in his time; he left us solve the uncertainty of our missing Louis left his hometown of a legacy of hope, love, patience and persever- Newmarket to serve his country during ance. And he planted so may seeds in us all. are not being pursued with vigor. World War II in the U.S. Army. He was They will be nurtured and grow with his That is a sad statement to have to stationed in Bremen, Germany where memory and his spirit which is all around us and will live forever. make, Madam President. But it is true. he was in the counter intelligence Louis goes far and wide, deep and lasting And in some very important areas in- corps as well as a French language in- in our memories and our hearts forever. formation is deliberately being with- terpreter. Family, friends and loved ones are being held from Congress in addition to infor- Louis’ patriotism and sacrifice for cleansed and there is a healing process so mi- mation still being withheld by Com- freedom was further exemplified by his raculous he would be proud. munist countries abroad. membership in the American Legion He was a good husband, father and friend and the Veterans of Foreign Wars. to all who knew him. This is an outrage, Madam President. He served his community as a mem- Our life together was a beautiful adventure It is bad enough that Communist coun- ber of the Newmarket Lions Club and in all we did together. We laughed and loved tries are still withholding information the Newmarket Historical Society, and and cried but always together, good and bad, about the remains of our servicemen tirelessly devoted his energy to the mostly all good. The memories—oh so many after all these years. But when our own Amos Tuck Society, New Hampshire memories—he left with us all. Government deliberately withholds in- Right to Life, Gun Owners of New God, thank You for our 46 years together. formation that would shed light on this I know we all belong to You and someday Hampshire, the National Rifle Associa- issue, it is especially outrageous. It is You will call us home to be with You and tion, the National Federation of Inde- Louis. a very serious comment to say that our pendent Business, the National Cham- Thank You God for our seven beautiful own Government is deliberately with- ber of Commerce, and the Portsmouth children: our Judy, Jeanne, Janie, Joey, holding information. But I am going to Chamber of Commerce, and, of course, Janet, Joanne, and Jil. Our seventeen grand- prove that on the floor of the Senate as the campaigns of BOB SMITH as Con- children: Laura, David, James, Jason, Josh- I continue my remarks, because of the gressman and Senator. ua, Javelle, Jamie, Jennifer, Jeremy, Shel- administration’s actions and inactions Louis was a hardworking small busi- by, Mark, Joseph, Jayne, Manny, Joel, Jacob which I shall explain in detail in a few and three great-grandchildren that Louis nessman, a devoted husband and dad, a moments. veteran, and a dedicated community lived to see and hold and rock: Lucas James, Sadie Anne and 3-week-old Sarah Beth. Oh Communist Vietnam, Communist leader. Louis was also a bedrock con- how he loved his family. servative and was one of the first peo- Laos, Communist North Korea, and He was a proud man and so proud of his Communist China are all being let off ple who supported me back in the early wife and told me so often. So, so proud of his days when it was ‘‘BOB who?’’ Lois and bag family and bragged about them all the the hook on key questions regarding Louis were both confident that I would time. missing American servicemen and win a seat in Congress and bring our So proud of his business, Beaulieu and Wife women. brand of yankee conservatism to the we built from the bottom up. He was a great As a Vietnam veteran who served worker, a great lover, a great father, grand- ways of Washington. Without their ef- this country in the United States forts, I would not be serving here today father and great grandfather and—yes—even Santa Claus. Navy, and as a member of the Senate in the Senate realizing my dream—and Armed Services Committee, I find the theirs. He was also a great friend and pal and buddy to all who knew him. administration’s track record on this Louis did it all—he made signs, He loved life, he loved living, he loved issue deeply offensive. I am going to passed out brochures, raised and gave working, and he loved his wife and family. explain why. But before I do, I think it money, attended rallys, hosted events, Louis loved his God and Savior Jesus is important for people to have a per- and campaigned tirelessly for me over Christ. He is truly a legend, a one of a kind. spective of where I am coming from on the years—always with his wife, Lois, He is imbedded in our hearts forever. His this issue. at his side. He did it all with humor, spirit is alive and well and we feel his pres- grace, and sincerity and he never asked ence always around us. Many of my colleagues have worked for anything in return. He was the es- Au Revoir, my love, your wife forever and on this issue in the past. Many are fa- sence of everything good about Amer- ever—until we meet again—Lois. miliar with some of the things that I ica, and everything good about politics. Mr. SMITH. Thank you, Madam have done. I do not think I would be He cared, and he worked tirelessly to President. presumptuous if I said that I consid- make America a better country. And ered myself to be somewhat of an ex- f he succeeded in doing just that. pert on this issue. I have worked on it When we lost Louis, we lost a true PRESIDENT STONEWALLING ON for 11 years. Before coming to the Sen- American patriot, and a very special AMERICAN POW’S AND MIA’S ate in 1991, I spent 6 years in the U.S. man. Lois lost a devoted husband, the House of Representatives where I was a Mr. SMITH. Madam President, I want children lost a wonderful father, and I member of the POW/MIA Task Force, to turn to a subject that has long been lost one of my best friends. and there I worked to get access to my an area that I have worked on over the I will miss my friend very much. own Government files that they had in years, and I have come to the Senate Without the sacrifices that Louis made their possession to the families of the floor today to report to my colleagues on my behalf, as I said, I would not be missing. here in the U.S. Senate. and to the American people on what I I will do my best in the remaining consider to be a very disturbing track When I came to the Senate in 1991, I years that I serve here to strive to re- record by the administration on the introduced legislation which ulti- main worthy of the faith, trust, and issue of unaccounted for American mately formed the Select Committee confidence that Louis Beaulieu had in POW’s listed as missing in action. on POW/MIA Affairs. Along with Sen- me, and I will continue to work for the Many of my colleagues are well ator KERRY, I cochaired an 18-month same values and the same principles aware of the deep concern that I and investigation by this committee which that Louis so long espoused. In so others have had on the POW/MIA issue sunset at the end of the Bush adminis- doing, his legacy will live forever. as a result of some of the previous de- tration.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16405 Our work has been criticized, and President of the United States, Bill obviously we have had no assistance in this. some of that criticism is justified. Clinton, on October 5, 1994. It is the law When questioned on the matter, we were re- However, I do not think anyone would of the land. This is not BOB SMITH’s ferred to the DPMO contract with the Fed- dispute the fact that our committee opinion. This is not a congressional eral Research Division of the Library of Con- played a pivotal role in helping to open resolution. This is the law of the land gress. This contract was for the FRD to ‘‘gather, copy and deliver to DPMO’’ docu- many of our Government’s files on the signed October 5, 1994. ments pertaining to Korean/Cold War POW/ POW/MIA’s from the Vietnam war. We And these POW/MIA provisions that MIA held in U.S. archives and agencies. As of held numerous hearings, deposed hun- were in this bill right here, those provi- July, 1995 20,000 pages have been gathered, dreds of witnesses, and learned a great sions had bipartisan support in this copied and delivered to DPMO for families to deal about policy decisions that were Congress. And, as you know, in 1994 it review. There has been no effort to forward made on the POW/MIA issue at the end was the other political party who con- specific case pertinent information to the in- of the Vietnam war. trolled the Congress. So that further dividual families because no one in DPMO is I am convinced that our work on that exemplifies the bipartisan support of tasked to do so. This haphazard, certainly committee forced the Government of this legislation. overly expensive, redundant method of re- Vietnam to do more than to resolve to When something is signed into law by search was DPMO’s intent to comply with an the issue, and, although I am not con- the President, the administration has a entirely separate section of law. Do we feel vinced that Vietnam has done enough, responsibility to adhere to it—it is the assistance has been provided? No. obviously, it did move them and our law—not in a manner that they deem 3. To have that official rapidly declassify own Government in the right direction. appropriate, but in the manner pre- any relevant documents that are located? Our committee also helped jump scribed in the law. It is now a year Dr. Collura stated it was not his job to de- start the establishment of a joint com- later. It is October 1995, 1 year since classify documents and he was getting no co- mission with Russia which has been re- this law, the Defense Authorization operation from the section of DPMO whose job it was to declassify documents. ‘‘They searching cold war shoot-downs along Act, went into effect. I think it is ap- are too busy with Vietnam,’’ or ‘‘DPMO can with the plight of the Korean war and propriate for us to review whether the the Vietnam war POW/MIA’s. get no cooperation from the agency which administration has fully complied with originated that document.’’ To date I know I know my colleagues would agree that law. with me that our Government owes of no documents which have been declas- Section 1031 requires the Defense De- sified by our Single Point of Contact. just as much to the families from those partment to assist Korean war and cold wars as they do to the Vietnam fami- war POW/MIA families seeking infor- They go on to say, in conclusion: lies. mation about their loved ones. Specifi- The Korean and cold war families Can you tell me what they do other than to cally, the Secretary of Defense was re- spend over $13 million annually ignoring not have been forgotten, Madam President. quired to designate a point of contact I have traveled to Russia on two oc- only the spirit of the laws passed but the for these families that would assist very laws themselves? Surely a private busi- casions to hold talks on this issue. I them, the families, in obtaining Gov- ness, contracted for half that amount of was the first United States Senator to ernment records on their loved ones money, could comply with all the sections of travel to Pyongyang, North Korea, and and ensuring that these records were the 1995 Defense Authorization Act per- I went there for the sole purpose of dis- rapidly declassified. taining to POW/MIA’s and getting informa- cussing POW/MIA’s. In fact, I have This past week I received the fol- tion to the families. been to North Korea twice to discuss lowing letter from the Korean/Cold War this issue. I brought back 11 remains of I ask unanimous consent that the Family Association of the Missing con- our servicemen on one of these trips letter be printed in the RECORD. cerning the Defense Department’s com- from Korea. pliance with this law. I want to read it There being no objection, the letters Finally, I have been to Vietnam five into the RECORD because it is very dis- were ordered to be printed in the times in the years that I have been in RECORD, as follows: Congress, and two of those trips were turbing. [Dear Senator SMITH:] KOREAN/COLD WAR FAMILY OHN ERRY with Senator J K of Massachu- ASSOCIATION OF THE MISSING, In response to your letter of today’s date, setts. Coppell, TX, October 23, 1995. I shall herewith attempt to answer in what I point all of this out not to draw to Senator BOB SMITH, manner the Defense Department has com- attention to my efforts—I do not want c/o DINO CARLUCCIO. plied with Section 1031 [right here] of last any attention drawn to my efforts—but year’s National Defense Authorization Act DEAR DINO: In response to your letter of to- to underscore that when there is an at- by the numbers. day’s date, I shall herewith attempt to an- tempt to dupe those of us here in the 1. Establish an official to serve as a single swer in what manner the Defense Depart- Congress by the administration on in- point of contact for immediate family mem- ment has complied with Section 1031 of last formation, I do not intend to be duped. bers of Korean/Cold War MIA/POW’s. year’s National Defense Authorization Act I continue to follow this issue closely. That is one of the provisions: by the numbers. I know what the President has done, In October, 1994 our association began our 1. Establish an official to serve as a single and, more importantly, I know what he requests from the DPMO [or the office of point of contact for immediate family members has not done. And he knows that I POW/MIA’s in the government] to name our of Korean/Cold War POW/MIAs. In October, know what he has not done. Single Point of Contact. Jim Wold [who 1994 our association began our requests for When the Senate Select Committee heads that office] insisted that as the Direc- DPMO to name our Single Point of Contact. on POW/MIA Affairs sunset in January tor of DPMO he was automatically our Sin- Jim Wold insisted that as the Director of 1993—and I might add we had to fight gle Point of Contact. Once we convinced Mr. DPMO he was automatically our Single for the funding just to keep it going Wold that it was feasibly impossible for him Point of Contact. Once we convinced Mr. that long—we stated the following in to act as such, he agreed to appoint a suit- Wold that it was feasibly impossible for able person. In the first quarter of 1995 we our final report: them to act as such, he agreed to appoint a were informed Dr. Angelo Collura would suitable person. In the first quarter of 1995 With this final report, the committee will serve as our Point of Contact along with two we were informed Dr. Angelo Collura would cease to exist, but that does not mean that assistants and at that time were given his serve as our Point of Contact along with as- our own hard work on this issue will also phone number. Our ability to reach Dr. sistants and at that time was given his end. To the extent that there remain ques- Collura by phone has been sporadic at best. phone number. Our ability to reach Dr. tions outstanding that are not adequately On too many occasions, when we were finally Collura by phone has been sporadic at best. dealt with by the Executive Branch, we will able to contact Dr. Collura for follow up to ensure that these questions are pursued. On too many occasions, when we were finally previous requests, Dr. Collura stated he was able to contact Dr. Collura for follow up to Let me now explain those issues that not able to follow through on questions be- previous requests, Dr. Collura stated he was are not being adequately dealt with by cause he was ‘‘pulled off Korean/Cold War to not able to follow through on questions be- work on Vietnam War.’’ the executive branch, in my judgment. cause he was ‘‘pulled off Korean/Cold War to 2. To have that official assist family mem- I have here a chart. This is a summary work on Vietnam War.’’ bers in locating POW/MIA information and of several POW/MIA-related provisions learning how to identify such information. 2. To have that official assist family members from last year’s National Defense Au- We were told explicitly that it was up to the in locating POW/MIA information and learning thorization Act. families to locate the information ourselves how to identify such information. We were told I want the American people to know because 1. DPMO was not tasked to do it and explicitly that it was up to the families to that this act was signed into law by the 2. DPMO did not have the assets to do it. So locate the information ourselves because 1.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16406 CONGRESSIONAL RECORD — SENATE October 31, 1995 DPMO was not tasked to do it and 2. DPMO matter, please do not hesitate to contact me. guidelines set forth in the Government Per- did not have the assets to do it. So obviously Correspondence should be addressed as fol- formance and Results Act and urge the we have had no assistance in this. When lows, to insure prompt delivery to my office: DPMO to adopt this model. We suggest that questioned on the matter, we were referred Director of Supply and Services, Atten- planning efforts should start small and need to the DPMO contract with the Federal Re- tion: Mortuary Branch, Headquarters, not wait until full developed strategic plans search Division of the Library of Congress. United States Air Force, Washington 25, DC. are in place. We also recommend that the or- This contract was for the FRD to ‘‘gather, Please accept my sincere sympathy in the ganization adopt performance measures that copy and deliver to DPMO’’ documents per- great loss you have sustained. are simple to apply and linked to the budget taining to Korean/Cold War POW/MIA held in Sincerely yours, process. U.S. archives and agencies. As of July, 1995 L.F. CARLBERG, 20,000 pages had been gathered, copied and Colonel, USAF. ORGANIZATIONAL STRUCTURES delivered to DPMO for families to review. In our discussion of organization structure, There has been no effort to forward specific EXECUTIVE SUMMARY we recommend that the DPMO refrain from case pertinent information to the individual The Secretary of Defense established the families because no one in DPMO is tasked any ad hoc structural changes until it makes Defense Prisoner of War/Missing in Action a more systematic assessment of its organi- to do so. This haphazard, certainly overly ex- Office (DPMO) in July 1993 to provide cen- pensive, redundant method of research was zational needs. We analyzed three general al- tralized management of prisoner of war/miss- ternative ways to divide the work and the DPMO’s intent to comply with an entirely ing in action (POW/MIA) affairs within the separate section of law. Do we feel assistance assignment of responsibilities and authority Department of Defense. Creation of the of- has been provided? No. in the DPMO: fice brought together four disparate DoD of- 3. To have official rapidly declassify any rel- fices that had been working in the POW/MIA Alternative 1: The Current Structure With evant documents that are located? Dr. Collura arena for varying amounts of time. Well Defined Mission and Tasks. stated it was not his job to declassify docu- In August 1994, the Director, DPMO, on his ments and he was getting no cooperation Alternative 2: A matrix-type structure own initiative, requested an evaluation of from the section of DPMO whose job it was using task forces for specified activities. his office by the Deputy Assistant Inspector to declassify documents. ‘‘They are too busy General for Program Evaluation (PED). We Alternative 3: A structure that allocates a with Vietnam.’’ or ‘‘DPMO can get no co- focused our initial work on assessing the significant portion of the work load and re- operation from the agency which originated processes that provide definition, direction, sponsibility structure by geographic region. that document.’’ To date I know of no docu- and structure for the organization. We found Criteria we present for analyzing struc- ments which have been declassified by our that well developed processes in these areas tures include clear lines of authority and re- Single Point of Contact. were not yet in place. Specifically, we found Dino, I still do not know what our Single sponsibility, decentralization where possible, that: basic missions and tasks were not well Point of Contact, Dr. Collura does other than and congruence with the strategy of the or- defined or communicated within the organi- to be ‘‘pulled off the Korean/Cold War POW/ ganization. In formulating the alternatives, zation; no strategic planning process was in MIAs to work on Vietnam War POW/MIAs’’, we assume that all current functions will re- place; and the organizational structure was but then after three years of DPMO, I still do main with the DPMO. The description of turbulent, poorly defined, and not consistent not know what DPMO does. Just today I was each alternative includes any assumptions with current policy guidance regarding orga- told by DPMO that it was not a central point made concerning the work processes at the nizational layering. of documentation for POW/MIAs. Can you DPMO. We believe the alternatives presented After documenting these observations and tell me what they do other than to spend are viable alternatives for consideration, in providing a briefing to the Director in De- over $13 million annually ignoring not only whole or in part, but only those more famil- cember 1994, we redirected our work to pro- the spirit of the laws passed but the very iar with the organization can validate our vide constructive suggestions on defining laws themselves? Surely a private business, assumptions. Accordingly, we make no spe- mission and tasks, establishing a planning contracted for half that amount of money, cific recommendations on the structure most process, and structuring the organization at could comply with all the sections of the 1995 appropriate for the DPMO. the DPMO. The results of that work are pre- Defense Authorization Act pertaining to sented in this White Paper and summarized CONCLUDING REMARKS POW/MIAs and getting the information to in the paragraphs that follow. the families. In concluding, we recognize the difficulty Again, thank you for your assistance. DEFINING MISSIONS AND TASKS in setting aside time for such process build- Without your help, the men and their fami- In defining its missions and tasks, the ing. However, in our experience, without the lies would still be in the limbo of 1954. Please DPMO faces challenges posed by the broad strong leadership that such actions require, see attached final form letter sent to all the nature of its charter, the different institu- the organization will continue to experience families. tional backgrounds of the office’s compo- difficulty in justifying its resource require- Most sincerely, nents, and the divergent nature of its inter- ments and completing the assigned mission. PAT WILSON DUNTON, nal and external clients. Overcoming these President. obstacles first requires recognition of the CONCLUSIONS conflicting perspectives that clients and Likes building a ship while under sail, it is HEADQUARTERS, U.S. AIR FORCE, components bring to bear on the operations Washington, DC, April 16, 1954. not easy to meld disparate organizational of the agency. We suggest putting together a entities together while faced with multiple Mrs. GERALDINE B. WILSON, specific statement of the organization’s pur- MacDill Air Force Base, Tampa, FL. operational demands. However, that is the pose and translating it into some general challenge faced by the DPMO Our initial re- DEAR MRS. WILSON: Reference is made to goals as a way to produce awareness of where the letter from General McCormick noti- search at DPMO led us to conclude that the groups differ on attacking a common prob- organization lacked (1) well defined missions fying you that the missing status of your lem. This process can also contribute to husband has been terminated. In order that and tasks, (2) a planning system to see that communication and help foster commitment major goals were accomplished, and (3) a sta- you will have all the information presently to the goals that are ultimately established. available to us, I would like to advise you re- ble organizational structure that supported Only the members of an organization can effective management. garding the possible recovery of his remains validly formulate its goals, and the process for return to the United States. should incorporate a wide range of input and To assist the office in tackling these areas, The truce agreement reached with the discussion. However, we do provide some il- we outlined methods that we believe will Communist forces provides for certain ac- lustrative general goals for DPMO to facili- help the organization define its mission, es- tivities in connection with the recovery of tate our discussion. We recommend final- tablish a planning system, and structure its remains of our honored dead from Com- izing the draft instructions on Missions and organization. We recognize the difficulty in munist-held territory. It also provides that Functions as a good vehicle for documenting setting aside time for such process building. the specific procedures and the time limit the results of this effort. However, without the strong leadership that for the recovery operation shall be deter- such actions require, the organization will STRATEGIC PLANNING mined by the Military Armistice Commis- continue to experience difficulty in justi- sion. Until the necessary arrangements for Carrying out the missions and tasks estab- fying its resource requirements and com- the operation have been completed, we will lished by the DPMO means setting up a good pleting the assigned mission. not know when recovery and return of re- planning process. This involves translating mains can be initiated. the established purposes into more specific Mr. SMITH. I think the letter cer- I appreciate the anxiety you are experi- objectives or initiatives. Formulating these tainly sums it up, Madam President. encing, and regret that no information other specific objectives should take into account The bottom line is, on section 1031, did than that which as now been furnished you is the internal and external environment and the administration comply? The an- available at this time. You may be sure, attempt to identify strengths and weak- swer is, no, they did not comply. Not however, that we will notify you imme- nesses of the organization. The process diately when further information becomes should also account for the resources needed only do they not comply, they indicate available. to reach the objectives and determine ways they have no intention of complying, If I may assist you with any unusual prob- to measure progress towards achieving objec- that they cannot comply, they do not lems or circumstances regarding the above tives. We point out the strategic planning have time to comply.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16407 You have to remember, Madam Presi- I ask unanimous consent that these Americans from the Korean war. Forty dent, I would point out to you, as one memos that I have be printed in the years. The families wait. who has worked very closely in con- RECORD following my remarks. Just a few weeks ago, I was con- stituent services as a Member of the The PRESIDING OFFICER. Without tacted by the daughter of an American House and Senate, this is not your typ- objection, it is so ordered. pilot shot down over China—not Korea, ical bureaucrat runaround where some- (See exhibit 1.) China—in the 1950’s. Intelligence indi- body is trying to find out what hap- Mr. SMITH. To sum up on section cations are that the Chinese captured pened to some particular thing in the 1032, Madam President, the record the pilot. He was never heard from Government or trying to get to the clearly shows that the required report right agency. These are families who was not submitted by the required again. lost loved ones, who lost loved ones in date. The administration did not com- What is President Clinton waiting for the service of their country, and to get ply. So, again, regrettably the answer before he decides to approach China on that kind of a runaround from people is ‘‘no’’ again to the law which was sup- behalf of the family of this man? How who are told to comply with law is dis- posed to be complied with in April 1995. many more years do they have to wait graceful. Section 1033 urges the Secretary of before somebody simply asks the Chi- Let me turn to section 1032. This re- Defense to establish contact with the nese what happened to him. How many quires the Secretary of Defense to rec- Communist Chinese Ministry of De- more years? Is that too much to ask? ommend changes to the Missing Per- fense officials on Korean War American When the Secretary of Defense goes to sons Act within 6 months; that is, by POW’s and MIA’s. China for high-level talks, is it too April 5, 1995. This is an act from the Madam President, we have learned, much to ask the Chinese what hap- 1940’s that allows the Defense Depart- through declassified CIA documents pened to that pilot that we know was ment to declare that servicemen who and through documents obtained from shot down? That is what the Congress became missing in hostile territory are Russia, that the Chinese have a wealth recommended. That is what the Con- automatically dead after 1 year if no of information—a wealth of informa- gress urged by passing section 1033. information surfaces indicating who tion —on missing Americans from the So again I must check the ‘‘No’’ box. they are. Korean war. In fact, the North Koreans told me that when I visited them in Again we come up short. Again the Senator DOLE, Senator LAUTENBERG, P’yongyang in 1992. They made a point President ignores the law. Again the Senator LIEBERMAN and I sponsored families wait and wait and wait. No legislation to correct this. However, I of telling me. They showed me books. one cares. We do not have the assets. wanted to allow the Secretary of De- They showed me photographs of the We do not have the resources. We do fense, to be fair, a chance to submit his camps. And in those photographs, in not have the time. We do not have the own recommendations that we could those books, were Communist Chinese interest to be bothered with finding then work out and reconcile with Sen- guards. The North Koreans said, ‘‘Senator, out what happened to that pilot in 1950, ator DOLE’s legislation and the Armed we know you’re here in North Korea do we? Too many other important Services Committee. I did not try to looking for information on American say I had all the answers. I knew we things to do, is there not? POW’s. You ought to talk to the Chi- had problems. We wanted to work it This is a terrible message for the nese because they were the ones that out. President who is about to send and ran the camps. They were the ones who wants to send 25,000 more Americans Did we get the report by the end of packed up the American prisoners and who wear the uniform today into Bos- the 6-month period? The answer is, no, took them across the Yalu River when nia—25,000 more Americans into Bos- we did not. We did not get it until the General MacArthur pushed north.’’ end of June, 2 months late. It was obvi- So, Madam President, section 1033 nia, and he cannot ask his Secretary of ous the Defense Department made no deals with just that matter that was Defense to ask the Chinese if they serious attempts to consult with Mem- signed into law on October 5, 1994. know what happened to this pilot and bers of Congress before submitting Three weeks later, the Secretary of De- others. I am not holding the President what turned out to be an inadequate fense—this is ironic, but 3 weeks later to a standard he cannot meet. I am not report. Their delay in submitting the the Secretary of Defense, Dr. Perry, asking the President to say absolutely required report has pushed back our was dispatched to Beijing—not for this bring him back alive or dead or bring own timetable in reviewing this mat- issue but another issue more impor- back information. I am asking him to ter. As a result, it remains one of the tant, more important than this one— ask the Chinese what happened to him. outstanding issues in the current con- where he held high-level meetings That is all I am asking. ference committee deliberations on the with, you guessed it, the Communist Section 1034—another section of the fiscal year 1996 Defense Authorization Chinese Ministry of Defense officials. law—requires Secretary of Defense to Act. So when Dr. Perry returned, I was ex- provide Congress within 45 days a com- Congressman DORNAN in the House cited. The law had passed. It was fresh plete listing by name of all Vietnam has worked tirelessly to revise the in their minds. Dr. Perry had been to era POW/MIA cases where it is possible Missing Persons Act. I want to com- Communist China meeting with these Vietnamese or Lao officials can pliment him for his work. He recog- officials. So I sent him a note and produce additional information. nizes the seriousness of this issue, espe- asked him if he raised the subject of cially as Congress, as we speak, con- unaccounted for Americans held by the I am going to skip this section for siders sending 25,000 American service- Chinese on both sides of the Yalu River just a moment because it pertains to men into Bosnia, and the White House during the Korean war. I waited. I Vietnam, and I wish to finish covering is leading that effort. never got an answer. Several weeks the two sections on the Korean war. Madam President, we have memos later, I was informed by a low-level bu- However, even though I am going to from the Carter administration be- reaucrat, much to my chagrin, that the skip it, as you might expect, we are tween President Carter, Secretary of subject never came up, never discussed. going to check the ‘‘No’’ box here, too, Defense Howard Brown, and National I was hoping I could say, ‘‘Did we get because they have not complied with Security Council staff which show in any leads on some information?’’ The that either. clear terms how the Missing Persons subject never came up. In fact, as far as This is perhaps the most disturbing Act was abused, clearly abused, to sat- I know, Dr. Perry was not even made affront to Congress, the Vietnam por- isfy other political and foreign policy aware of section 1033 by his defense tion, but I will get back to that in a agendas. There are always other items POW/MIA office at the time. After all, moment. that move to the surface and push this we saw the letter to the families. They Let us go to section 1035. This ‘‘re- down. As a result, many Vietnam-era are not interested. They are not inter- quires two reports to Congress on U.S. POW/MIA families endured a great in- ested. justice as their loved ones were simply More than 40 years have passed, efforts to obtain information from written off as dead. These memos clear- Madam President, 40 years, and we still North Korea on POW’s and MIA’s. ly show why the law needs to be re- have yet to hold any substantive dis- ‘‘Do the reports show any progress formed. cussions with the Chinese on missing since October 1994?’’

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16408 CONGRESSIONAL RECORD — SENATE October 31, 1995 We have a situation where the an- three, as well as the North Korean con- Korean’s national archives, not the swer happens to be ‘‘Yes.’’ But it fur- cerns about compensation for expenses Chinese, not the Russians, our own ar- ther requires the President to seriously they can justify. chives. consider forming a special commission It was interesting; a South Korean Two weeks ago, the administration with North Korea to resolve the issue soldier after spending 43 years in a reported that they had not complied as recommended by the Senate Select North Korean camp came back alive with this section. They need more Committee on POW/MIA Affairs in 1993, about a year ago. That did not get a lot time, Mr. President. One year was not and the answer to that one is ‘‘No.’’ of publicity. His picture was not in ERRY and I have The remains of those soldiers that we Time magazine. enough. So Senator K know were in those camps buried in It was O.J. Simpson’s picture or some now extended their deadline until Jan- North Korea during the war, where are rock star’s picture, but not this guy. uary 2, 1996, in the fiscal year 1996 De- they? I was allowed to visit, when I (Mr. ASHCROFT assumed the chair.) fense Authorization Act. We gave the went to P’yongyang, the anti-Amer- Mr. SMITH. Mr. President, let me administration 3 more months, and it ican War Museum in 1992, and I caught tell you something, he happened to be remains to be seen whether they are a glimpse of their vast archives. It is a South Korean, but what if he had going to comply. obvious—obvious—that North Korea been an American? What if he had been Open up the archives. Let us see what has substantial information on Ameri- an American? He would have been on is in there. It is the Korean war, over 40 cans that they shot down, captured, or Time magazine, would he not? Well, he years ago. Are there national security turned over to the Chinese or had could have been. He could have been. secrets in there? What is amazing taken from them by the Chinese—room I do not know what the President or about this is that Defense Department after room after room. We were allowed anyone else in our Government today officials have admitted to me—admit- to see maybe half a dozen, maybe a few would have to say to that man, not a ted—and I will not quote them, but more, 7 or 8 rooms, in an 80- to 90-room young man, not today. What would you they admit it, that they did not even museum full of information on Ameri- say to him when you looked him in the begin to consider whether they would cans—Americans. It was called the eye when he asked you, ‘‘Where had be in compliance with this provision American museum. Some in our Gov- you been for the past 43 years?’’ What until 10 months after the bill was ernment denied it existed, said there would you say? signed into law. was not any such museum. You are That is where the second half of sec- wasting your time to go over there and tion 1035 comes in. The Congress re- At that time, when they were asked try to find it. North Koreans denied it, quired the President to give serious about it by family members, then they too, but we knew where it was, and we consideration to forming a special decided they might have to do some- got there. commission with the North, and this is thing. It is not that we did not warn Let me tell you something. Having something the Senate Select Com- them. In fact, after the law was signed served in the Vietnam war and spent 11 mittee on POW/MIA Affairs rec- last year, I sent a letter to the Depart- years on this issue, to walk through a ommended in its final report. All 12 ment of Defense reminding them of museum with letters from American Senators— Democrat, Republican, lib- this obligation. They did not care POW’s that were sent home but never eral, conservative—agreed on this about the deadline. It is not important. were received at home because the point. They have too many more important North Koreans intercepted them and Nonetheless, the administration, ob- things to do. hung them up on their walls as tro- viously, has not given this suggestion So, again, let us check the final ‘‘no’’ phies, to see photographs of dead any serious consideration, and if they box, Mr. President. That is not a very American POW’s and live American had, they would have contacted me to good record, the way I look at it. This POW’s who had been tortured and suf- discuss what the Bush administration fered, to see it all as the North Koreans and I had already worked out and pre- is the law. This is the law. These are proudly displayed with a high-ranking sented to the North Koreans shortly not simple requests by letters. This is North Korean military officer on either before President Bush left office. I was the law. Not one item on there was side as I and others walked through very involved in those discussions and complied with. that museum, that is tough. That is there has been no followup with me The administration, probably not a tough to have to go through. whatsoever—not one word from the very good metaphor, basically thumbed You know what. As tough as it was, previous administration or this admin- its nose at the Congress and the Amer- it is not half as tough as coming back istration, absolutely no interest, no ican people and the families and our here and knowing I cannot get anybody consideration, no interest whatsoever Nation’s veterans by not complying in Government who cares enough to go in what those discussions were. I am with the sanctions of this law. I am of- back over there and try to get answers not a State Department official. I have fended, and every single decent Amer- for these families. That is what is no authority to negotiate. These were ican should be offended. Every mother tough. simple discussions, but I thought they and father who has a son or daughter The key question here is, Do the re- might be interested in knowing what poised to go into Bosnia today, sent ports show any progress in these two we talked about and what we might be there by this President or this Con- specified areas? And again the answer able to do as a result of those discus- gress, ought to be offended. to that question is ‘‘No.’’ And the re- sions, but I was hoping for too much. ports make it clear. So I think I will But, oh, you hear the rhetoric, This is contempt for the laws of Con- check the ‘‘No’’ box again. There was a though, you hear the rhetoric. How we gress, and I know a lot of laws get little ‘‘Yes’’ box here. That is the only worked so hard, we tried so hard, we passed and I know a lot of things are ‘‘Yes.’’ In fact, the discussions with the have the POW/MIA stamp, we have the difficult to comply with. God knows I North Koreans have been at an impasse ceremonies, POW/MIA recognition day, understand that. I serve on the Armed now for a long, long time. The North and we have these great speeches about Services Committee and I sympathize Koreans want several millions from the how we will never forget, ‘‘You are not with so many of the regulations and United States for remains they have al- forgotten.’’ Words, Mr. President, they laws with which they have to comply. ready turned over. I am not into that are cheap. There has not been compli- But I have reminded them over and blackmail. We have done that to Viet- ance with the second half of section over. I have offered to help. I have nam now—millions of dollars for re- 1035. So we will just check the ‘‘no’’ given them extensions. Nothing. And mains, body parts. That is blackmail. block there. yet, if you read any manual on POW’s It is disgraceful. We should not agree Section 1036, require public disclo- and MIA’s today, you know what it will to it. That is not what I talked to the sure of all Defense Department records say—try not to laugh, this is the high- North Koreans about. However, it does on American POW’s and missing per- est national priority—it says in the not mean that we should not set up a sonnel from the Korean war and the handbook, ‘‘the highest national pri- better mechanism to address all of our cold war that are in the possession of ority.’’ If that is the highest national concerns—remains, possibility that the National Archives by September 30, priority, I would hate to see what is, somebody may be, through some heroic 1995, 1 month ago. Our National Ar- really. The President clearly does not effort, left alive, and information, all chives, Mr. President. Not the North care

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16409 about disregarding this law, and I They spend $54 million a year of the tion that would show the American think the American people are right- taxpayers’ money working on this people that Vietnam is not fully co- fully going to hold him responsible for issue, and they cannot produce a sim- operating on missing Americans? You it. ple list of 2,170 people in which it says bet. You bet. That is exactly the rea- Let me come back to 1034, the final on one side this guy was killed in ac- son why they are not giving us the in- point on here. This is the section which tion, here are the witnesses; this guy formation, because it is going to show last year’s law pertained to the Viet- was captured alive, he was led off, here that the Vietnamese are not fully co- nam-era POW/MIA cases. This is the is the information; this guy was photo- operating—are not cooperating in any most disturbing violation of all, be- graphed in a POW camp, never came way, shape, or form, to the full capac- cause it occurred during the same pe- back. They cannot produce it. They ity that they could. riod—and this is very offensive to me cannot do it. personally—it occurred during the They have the information, Mr. If this information were released to same period that the President is show- President, because I have read it. I the public, it would undermine all of ering the Communist Government of have seen it. Do you know why they do the rhetoric from the President, the Vietnam with full diplomatic recogni- not want to produce the list? I will tell Secretary of State and their adjectives tion and expanding the commercial you why. Because if they produce the like ‘‘splendid,’’ ‘‘superb,’’ and all this contacts there. In fact, the State De- list, it might screw up the diplomatic cooperation they claim we have been partment and our trade representatives relations, mess up the economic gains receiving from Communist Vietnam. are now coming to the Hill to brief con- that American businessmen are going That is what we have heard—not just gressional staff on further efforts to ex- to make by exploiting Vietnam. That cooperation, but ‘‘splendid,’’ ‘‘superb,’’ pand the economic relations, to set up is why they do not want to put the list ‘‘outstanding,’’ ‘‘unprecedented.’’ the diplomatic office. out. I have stated all along, and fought How could the President of the Well, boy, it would sure blow that up this every inch of the way and lost, United States—any President—proceed if the U.S. Congress and every staff that these initiatives are premature with the normalization of relations member for every Senator and Con- and that they simply amount to noth- with any country—in this case, Viet- gressman in this place could look at ing more than putting profit over prin- nam—without first knowing just a sim- that list. That is why we do not have ciple. That is what it is. ple, basic knowledge of how many cases the list. Hold the list up, ignore the Section 1034 requires the Secretary of of missing American servicemen there law until we get it all done, until we Defense to provide Congress within 45 are? If Vietnamese and Lao officials get the mission set up, get the full dip- days—this is not an unreasonable re- had more information on them, based lomatic relations set up, then let it quest—within 45 days a complete list- on all of our intelligence and investiga- out, but do not do it now; you will sure ing by name of all Vietnam-era POW/ tive activity to date, how can we, in mess it up. MIA cases where it is possible that Vi- good conscience, move on without get- etnamese or Lao officials can produce ting just that basic information—not I recall the statements by assistant additional information. Not additional out of the Vietnamese, Mr. President, Secretary of State Winston Lord dur- men, not unreasonable requests, not but out of our own Government—what ing his last trip to Vietnam this last somebody that was blown up in a fire they have that they think the Viet- May. He stated: ‘‘We have no reason to fight that nobody saw, but POW/MIA namese and the Lao have? believe that the Vietnamese are not cases where it is possible that Viet- I am not saying account for every making a good-faith effort on the POW/ namese or Lao officials can produce ad- one of these men. That is not what I MIA issue.’’ Well, Mr. Lord, let me just ditional information. am asking for. I am asking them to say it as nicely as I can: That is not Mr. President, there are 2,170 Ameri- give me the information on the cases of the truth. That is not the truth, and cans still unaccounted for from the the men that they have in their best you know it. Vietnam war. We know half of them intelligence—perhaps a witness, a If the President has no reason—and were believed to be killed in combat at buddy who saw a guy led off, whatever. that is the exact word—to believe they the time of their incident and the other Give it to us because we have reason to are not cooperating, which is what he half were listed as missing in action— believe that the Vietnamese would we know that—which means we did not know what happened to these men, and cited as the basis for announcing his know what happened to them at the we can confront them on this. decision to normalize relations this end of the war. That is what it means. One example: David Hrdlicka was past summer, then where is the list? There has been a great debate about shot down, captured by the North Viet- Why do you not let us see the list? how many cases Vietnam really still namese in Laos, photographed, filmed, There will be some who will come owes us answers on, how many out of used in Communist propaganda, pa- back down here on the floor, perhaps these 2,170 can they legitimately give raded around. Never a word from the tonight or tomorrow and say, ‘‘There us answers on. We know they cannot do Lao or the Vietnamese as to what hap- goes SMITH again. I thought we could it all. That would be an unreasonable pened to David Hrdlicka. Do you think get the war behind us; I want to get it expectation, because in some cases, they do not know what happened to over and move on. I am tired of fight- frankly, they do not know what hap- him? Of course, they know what hap- ing the war.’’ pened. There was a lot of concern about pened to him. But that information is some of the wartime photographs that in that list. Some things have to be fought. Some surfaced in the Vietnamese archives on If the Government sends that list things have to be continued because cases where Vietnam had previously over here—our Government—that is they are right. Many of my colleagues said they had no information, no infor- going to be a little embarrassing, be- in the 1840’s and 1850’s stood on the mation, do not know what happened to cause when Carol Hrdlicka, David’s floor of this U.S. Senate and argued this guy and suddenly up pops a photo- wife, who has waited all these years, against slavery, and it took them a graph. says, ‘‘Why are you normalizing rela- while to get it right, but they got it So we wanted a case-by-case assess- tions with a country that will not even right, and they were right when they ment on this issue. Now you would tell you what happened to my hus- were making those statements and think that the Department of Defense band?’’ What are you going to say, Mr. having those discussions on the floor of would have had this information read- President? The administration has not the Senate. And we are right now to ily available in some type of a database complied with this law. make them now. that is constantly updated, if it is the You have to ask yourself these ques- highest national priority. We are try- tions: Why? Why? I could go over there, History will judge us as being right. ing to find out what happened to the probably in a month, with a couple of History will judge us, who stood up and 2,170 men. If we have intelligence infor- staff people and get it myself. It is said we did not get the information, mation that this or that happened, we there. It is not that it is not there. Of not only from the Vietnamese and the ought to be feeding it into a database, course, it is there. Of course, there is a Lao, but from our own Government. We we ought to be able to pull it up and database. What are they afraid of? Are did not get it. History will judge us as send it over here. Wrong. they covering up or sitting on informa- being absolutely right. I do not care

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16410 CONGRESSIONAL RECORD — SENATE October 31, 1995 who says what differently. History will best available information, as to what lutely aghast to think that that does be the judge. I will stand on that judg- happened to certain men who are miss- not bother him, because apparently it ment. ing, in order to move forward with dip- does not or he would provide the list. I want to review in more detail now lomatic relations and trade. I am going When the new extended deadline exactly where we have been concerning to let my colleagues and the American began to approach after the Christmas this requirement over the last year. I people be the judge after they see what holidays last year, rumors started to want my colleagues and the American happened, because do you know what? surface that we still would not get the people to see what is going on. I know Sooner or later I am going to get that list by the new February deadline. this is a long speech and people want to list, because I have seen it and I know Those rumors turned out to be true. go home, but it has been a lot longer it exists. for the people who have waited for an- This list was required by law on No- On January 24, 1995, after more ru- swers for their loved ones, some all the vember 17, 1994. As that date ap- mors surfaced that the President might way back into the fifties, from the cold proached, the Deputy Assistant Sec- upgrade relations with Vietnam, sev- war. So I am doing it for them. No one retary of Defense sent a letter to Con- eral of my colleagues joined me in else cares, so I am doing it for them. gress requesting a 3-month extension. sending a letter to the President re- I want everybody to know what hap- He also informed us there was an inter- minding him of his obligation to pro- pened over the last year. It would agency agreement within the executive vide the required list. In fact, we asked make you sick, Mr. President, to see branch that no revised or new list him to give us the list before any deci- the obfuscation, the delay tactics that would ever be produced. sion was made to upgrade relations. have taken place. I have drawn my con- Let me read from the letter we re- That sent the red flag up, so now we clusion. I am going to be criticized for ceived at the time from the Deputy As- had to speed up the process. Let me this. It is a coverup; that is what it is. sistant Secretary of Defense. just say I sent the letter. But let me It is not a coverup in any sense other DEAR MR. CHAIRMAN: The fiscal year 1995 tell you who else signed it. It was than you got information and you will National Defense Authorization Act con- signed by the chairman of the Foreign not give it to us, according to the law. tained a request that the Secretary of De- Affairs Committee, Senator HELMS; it If you have information that the law fense report not later than 45 days to the was signed by the chairman of the prescribes and you will not give it to Congress specified information pertaining to Armed Services Committee, Senator the U.S. personnel involved in the Vietnam us, then you are covering it up. If you THURMOND; it was signed by the chair- conflict that remain unaccounted for. are not covering up, get it over here. If man of the Intelligence Committee, I get this information over here tomor- This letter is to advise you the study is un- derway and that considerable progress has Senator SPECTER; signed by the chair- row morning, I will withdraw and re- been made, but it is unlikely the report will man of the Asian Pacific Sub- tract the comment about a coverup. If be finalized by the time requested. It is an- committee, Senator THOMAS; the chair- I do not get it, or there is some indica- ticipated that the report will be finalized woman of the International Operations tion that I am going to get it quickly, within 135 days, at which time it will be for- Subcommittee, Senator SNOWE; the I am going to assume that this infor- warded to your committee for review. House chairman of the International mation is being covered up so we can This was addressed to Senator NUNN. Relations Committee, Congressman get on with normalization and not The comprehensive review must be care- GILMAN; the House chairman of the mess it up. fully constructed to reinforce current and Asian Pacific Subcommittee BEREU- This information, if we get it here, near-term negotiations. Specifically, there is TER; and the House chairman of the Na- will show that right up to the present, great potential to any new list to cause con- tional Committee on Military Per- despite all the comments about co- fusion for the governments of Vietnam and sonal, Congressman DORNAN. operation, the Government is nonethe- Laos, and this concern resulted in an inter- The President ignored the request. less holding back information on sev- agency agreement that would not produce any new lists. He said, you will get the list soon, pe- eral hundred—not 10, 12 or 20—Amer- riod. This was in January 1995. January ican servicemen that were lost or cap- Gobbledygook. 28, he announced the formation of liai- tured in Communist Laos and North Mr. President, the law does not give son offices between Vietnam and the Vietnam during the war. Several hun- the administration the luxury to de- United States in both Hanoi and here dred are on that list. What is that list? cide whether or not a new list would be in Washington. Fast track, we call it. That list is the best case, best informa- produced. It said produce a list. tion available by the United States I reminded the administration of For the first time now we are allow- Government through intelligence that fact last November. I am, frankly, ing the Communist Vietnamese govern- sources, buddies on the battlefield, co- not interested in some bureaucrat’s ment to establish an office here in pilots, back seaters, men on the ground view about causing confusion for the Washington, even though Congress still as to what happened to these individ- Vietnamese. The Congress, the Amer- had not provided the American people uals. It is not necessarily that they are ican people, and the families are the with a list, the White House had not alive, but that we know what happened ones who have been confused by Gov- provided Congress with a list of POW/ to them, and we think the Vietnamese ernment distortions on this issue since MIA that Vietnam might be holding know what happened to them. That is the end of the war. That is another rea- back on. No list. all we are asking for. But, you see, if son we want a straightforward list in I think the administration realized we publish that list, it would destroy the first place. their decision to upgrade relations the argument for normalization. Notwithstanding that, I try to be rea- would not be viewed in a positive light Do you know what people say to me? sonable, and in spite of all the hard- if the list was released just last Feb- It is amazing. ‘‘Why would a Viet- ships these families try to be reason- ruary. You can be the judge on that. namese hold back any information?’’ able. A 3-month extension seemed OK First of all, I am not interested in why. to me, and the Armed Services Com- I next raised the issue with Secretary The first question is, are they holding mittee agreed with it. of Defense Bill Perry at a hearing of back and not disclosing information I met with the Deputy Assistant Sec- the Senate Armed Services Committee about the fate of our men? In the ab- retary in December of last year in my on February 9, 1995. I told Dr. Perry’s sence of this list of cases, I can only office and told him I had no objection. staff beforehand that I would raise the conclude that the administration is Even though I did, I said I had no ob- question so there would be no sur- presently engaged in a coverup of infor- jection to extending the deadline to prises. I do not play the game that mation that would answer this ques- February 17, 1995. I expressed my way. I wanted him to have a response tion in the affirmative. Pure and sim- amazement that such a list did not al- ready so I did not catch him by sur- ple. ready exist. In fact, I still do not know prise. People will yank this phrase out of how the President can look at normal- When I asked him at the hearing if he context. But if you put it in the con- izing relations with Communist Viet- was going to meet the new deadline by text that I have said it—and I have nam without having the list of the February 17, he said, ‘‘Yes, yes.’’ I im- been quoted out of context before— American POW cases that Vietnam mediately followed up that day with a they are covering up in providing the might be holding back on. He is not letter to the Assistant Secretary of De- information, the best-case information, concerned about it. I just am abso- fense.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16411 The following day I received a re- answers. Hopes up, dashed. Hopes up, for my own assessment. I am asking for sponse which stated, ‘‘The Department dashed. They are the ones that have our Government’s assessment. That is will respond to the legislation by Feb- gone through the pain, Mr. President, all I am asking for. ruary 17, 1995. Let me assure you our not these bureaucrats. And then, without getting that infor- response to this Congressional require- I am not saying that the people in mation, my colleagues and I are asked ment will be provided in compliance there are not loyal Americans trying to rubberstamp the President’s discus- with the law.’’ to do a job, but we should get the job sion on diplomatic relations. That is On February 17, 1995, we received a done. what we did. letter from the Secretary of Defense How much more time do you need? It which did not comply with the law. I was clear by this past February that I do not think it is going to be that repeat, did not comply with the law. It the administration had violated the easy. I urge my colleagues to consider did not provide the updated listing of law. That is the exact phrase—violated these matters the next time they are cases of missing Americans that Viet- the law. I sent a long letter, again, to asked to vote on this issue. I certainly nam and Laos officials might have the Secretary of Defense on March 7, commend Senator CRAIG THOMAS for more information on. 1995, and I expressed my disappoint- his support in his committee. I hope it I want to read an excerpt from that ment that you violated the law. Every- will be a long time coming before you letter that we received from the Sec- body else has to comply with the law get an ambassador approved out of the retary of Defense which I have blown but apparently the President does not. Senate. A month later on April 7, I received up here on a chart. This is the letter to There used to be an expression as you Senator THURMOND, the chairman of another written response from the Under Secretary of Defense, Walter go along through a speech ‘‘stay tuned, the Armed Services Committee. it gets worse.’’ The next chart is a In response to this legislation, the Depart- Slocombe, allegedly on behalf of Dr. Perry. Let me just read an excerpt statement from June 28, 1995, before ment of Defense has initiated a comprehen- Congress. This is a full 3 months after sive review of each case involving an Amer- from that letter: the last letter from Under Secretary ican who never returned from Southeast Section 1034’s impact has been to refocus Asia. the analyst’ work to conduct this com- Slocombe wherein he assured us that all his analysts were working full time That sounds good. prehensive review earlier than anticipated. Currently, DOD has committed 22 of the 33 on these cases. As of February 12, 1995, nearly 50 percent of analysts (67 percent) within DPMO and an Three months later, in June, we still all cases have been reviewed as part of this additional 12 analysts from Joint Task Force process. Full Accounting to working full-time on the did not have the list. So, this is sworn Completion of this painstaking case-by- comprehensive review. To ensure the type of testimony by Jim Wold, the Deputy case review will take at least several addi- comprehensive review of all 2,211 cases that Assistant Secretary of Defense for tional months, at which time these findings both Congress and the families demand and POW/MIA affairs. Here is what he said. will be reported to Congress. have a right to expect, it is essential that Well, here we go again. We do not the analysts expend the time and scrutiny We must never forget, however, that the have a list. Several additional required to evaluate every individual’s case goal of achieving the fullest possible ac- months—no list. in the light of all available evidence. counting can only be achieved with diligence and hard work. With that in mind, I Is it not a little audacious for the While there will be no arbitrary deadline, I assure you that DOD will continue to give launched the ongoing DOD comprehensive Pentagon to talk about a request if a this effort the utmost attention. I am con- review of all Southeast Asia cases, which I straightforward analysis—let me quote fident the review will be completed during hope will be completed in mid-July. This all- this language which really jumps off the summer. The department will report the encompassing look at every individual case the page, Mr. President. ‘‘Completion results of DPMO’s review to Congress on its will provide a solid analytic assessment of of this painstaking case-by-case review completion. the appropriate ‘‘next steps’’ for achieving will take at least several additional That was in April. Imagine that. The the fullest possible accounting. Our unac- counted Americans deserve no less. I will months.’’ law imposes a deadline. That is what I Painstaking. How about the pain and work to ensure that we keep our promise to thought, that you had to comply with them. Thank you. the uncertainty that the families have the law. I am sure the Senator in the had to endure with their missing loved chair, the Senator from Missouri, when Jim Wold is not entirely accurate or ones? Believe me, the Pentagon’s pain the EPA tells one of the communities he would have said the goal will only on this issue is nothing compared to in your State they have to comply with be achieved when Vietnam decides to the pain of the families. I think the the Safe Drinking Water Act or Clean fully open its archives and its prisons. word is an insult. I take offense with Air Act, they nail you with a fine and Then we can say we are diligent hard the use of that word to imply there is threaten your community. workers. some analyst over in the Pentagon who This law imposed a deadline, and not We can ‘‘say’’ that. That is not going is going through this whole pains- an unreasonable one. Yet the Under to resolve this matter if the Viet- taking process of putting a list to- Secretary of Defense says to Congress, namese are deliberately withholding gether—a simple list of information ‘‘There will be no arbitrary deadline.’’ information, and I am going to discuss they already have. I am not asking In other words, ‘‘To heck with you, some of the information that is being them to extract this from the Viet- Congress. Do not tell me when we have withheld. There is a lot of heart- namese and Laos but from our own in- to do this. We will get it when we are warming rhetoric at the end of this telligence files that we believe the Vi- ready. That is an arbitrary deadline.’’ statement, ‘‘Our unaccounted Ameri- etnamese have or the Laos on our miss- Who is he, Mr. President? Who elect- cans deserve no less. I will work to en- ing men. ed him? Is he under the law? I guess sure that we keep our promise to How would you compare their pain? not. The Department of Defense must That must be awfully painful for them, be above the law. And the Clinton ad- them.’’ That is what he said. That is is it not, these bureaucrats going ministration, I guess the President real nice. But the fact is the adminis- through this painstaking process? himself, he must feel the same way— tration was supposed to work to get What have they been doing for the above the law. the job done and report it to Congress last 25 years? What have they been You wonder why people are cynical under the reasonable deadline imposed doing for the last 25 years if they do about politics and politicians? It is an by Congress: 45 days, not 245 days later not have the information on these peo- affront. It is an affront to Congress. I which was mid-July or 330 days, as it ple that are missing? My God, what are am taking the floor tonight, and tak- now stands, nearly a year since the they telling the families? How can any- ing the time to work my way through deadline. No list. body have any sympathy for anybody this because I want my colleagues to This information should already have in this administration or any other ad- know that we have laws on the books been compiled and available for policy ministration with that kind of analysis that are being ignored, and blatantly makers, the Congress and the families. on this issue? ignored. We are not even allowed to re- It has been held—it has been withheld Consider the roller coaster ride that view our own Government’s assessment from the American people. They have the families have been on year after to judge for ourselves whether Vietnam it. They can put it together. It may not year, decade after decade, waiting for is fully cooperating. I am not asking be in a sheet form that you can just

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16412 CONGRESSIONAL RECORD — SENATE October 31, 1995 say ‘‘Here,’’ listed with the informa- the Russians to their credit—have been ment taken from the archives of the tion. They can put it together and they very, very helpful. I am a member of Soviet Union. I do not know whether can put it together quickly. They have the U.S.-Russian Commission. I met these numbers are accurate. I do not it. Of course they have it. Could they with the Russians on numerous occa- know. But I know that General Quang produce it? Yes. Why do they not? Be- sions on this subject. said they were accurate. It was not a cause it is going to show in black and For those who are not familiar with propaganda document. It was said be- white the degree to which Vietnam is the reports about these documents, let fore the Vietnamese Politburo. sitting, as we speak, on information me explain. In 1993, only a few months concerning the fate of several hundred after President Clinton was sworn in, Do you not think that President American servicemen. Not a few dozen the administration received from the Clinton would be naive if he believed like the administration likes to Russian archives two reports that the the Vietnamese did not hold back the claim—no, no, no. This is an outrage. Soviet Union, the old Soviet Union, total number of Americans they had It is going to show that they have in- had covertly obtained from the North captured during the war for whatever formation on several hundred Ameri- Vietnamese during the Vietnam war— strategic purposes they deemed appro- cans. covertly obtained; a very touchy sub- priate at the time? Even former Sec- The next chart is a copy of a letter ject. These were copies of speeches retary of Defense Mel Laird, to his that I sent, again to the Under Sec- given by two Vietnamese military offi- credit, had held a press conference in retary of Defense, Mr. Slocombe, con- cials to the North Vietnamese Polit- 1970 to say that the list the Vietnamese tinuing to try here. This was dated Au- buro in 1971 and 1972. published at the time was not com- gust 18, 1995, after the President an- Sections of both of these speeches plete. nounced, in July, his intention to es- concern American POW’s being held by tablish diplomatic relations with Com- North Vietnam, and they stated flatly For the record, I want to say that munist Vietnam. You remember that that more American POW’s were being these two Russian documents surfaced debate. I again tried by sending an- held than those the Vietnamese had ac- on President Clinton’s watch—not on other letter. My letter followed a simi- knowledged. This is not our intel- President Nixon’s or Dr. Kissinger’s lar letter from Senator Thomas in mid- ligence. This is the Soviets. watch in 1973. They did not know about July on this subject, in which he has I might add that the numbers were these documents. made clear his intent to withhold in larger than those that we had assumed. There can be no doubt that President his subcommittee any funding for Viet- Sections of both of these speeches nam or any ambassadorial nominee to were looked at. I might add, as I said, Clinton has to be the one to bear the Hanoi until this is reviewed by Con- that these numbers were much larger responsibility with regard to holding gress. than what we found in the Paris Peace the Vietnamese accountable in terms I commend him for having the cour- Accords in 1973. of explaining these Politburo reports, age to do that. He has taken consider- That is the essence of these secret these documents. We cannot go back able heat for it. I cannot possibly say speeches before the North Vietnamese and say, ‘‘Dr. Kissinger should have how much I appreciate his support. He Politburo. They had told the world done something on these specific re- has been steadfast on this issue as the that they held X number of POW’s, but ports,’’ because they did not know chairman of the Senate Foreign Rela- in reality they held X-plus, and they about this. It is my judgment that the tions Subcommittee on East Asian and were not going to release them until administration has tried to brush these Pacific affairs. we withdrew from Vietnam and paid documents aside. But in my August letter, without war reparations, which we never did. reading it all, I basically said: Mr. Sec- These are not my words. This is the There will be plenty of people out retary, where is the list? Where is the document. As our select committee there who will say, ‘‘Oh, my, here is list? Where is the list? showed in 1992, yes, we withdrew our SMITH again.’’ This is a disservice to No response. No response from the military forces in 1975 after Congress the Congress, and to the members of August 18 letter. Not even an acknowl- had cut off the purse strings, but we the Armed Services Committee, and to edgment, despite numerous followup did not pay the reparations that Presi- the members of our armed services. In- phone calls after this. Senator THOM- dent Nixon had promised the Viet- stead of keeping faith with the Amer- AS—no response. namese in secret communications in ican fighting men by pursuing informa- I am told from other sources that February of 1973. tion like this until we are certain we these cases finally moved up the policy So the first Politburo report turned are doing everything we can to account ladder in the administration, but only over was a translation of a wartime se- for the missing Americans, the Presi- after the President made his decision cret speech by North Vietnamese Gen. dent has broken faith. to normalize, which was my point all Tran Von Quang, who was a former What about the investigative activ- along. Once we get passed that bogey, Deputy Chief of Staff of the North Vi- then we are home free. They did not etnamese Army. In their report, he ity of these reports? Did we look into want to get it in the way as the Presi- stated that 1,205 Americans were being them sufficiently? In short, no. The ad- dent made his decision. Apparently, held. As I previously pointed out, only ministration has not even asked to staffers at the National Security Coun- 591 came home. So there is an obvious meet with Hoang Anh, the author of cil are now ‘‘very concerned’’ about re- discrepancy. General Quang says in the one of these reports, even though he is leasing this information because of document we have 1,205; 591 came living in retirement in Vietnam. We what it shows and the way things are home. are going over there to establish diplo- worded in the study. The word is that The secret Politburo report turned matic relations, going to drill for a lit- this assessment or study, which is now over was a translation of another tle oil, set up some airline offices, but being withheld from Congress—and it speech given earlier in the war by the we cannot meet with Mr. Anh. We can- is being withheld deliberately —shows Vietnamese former Vice Minister for not meet with him, and have not met that Vietnam is likely withholding in- National Defense Hoang Anh. Like with him. There has been no credible formation on hundreds of POW/MIA General Quang, he stated that he had type of detailed information from the cases. only released a list of 368 names of Vietnamese Government on either of I want to underscore why I am con- Americans but that they were in fact these reports, just deny them and that cerned about this. The fact that we holding 735. As I previously stated, that they were accurate. still have in my judgment a discrep- figure had gone up to 1,205 a couple of ancy of several hundred cases with no years later when General Quang ad- Let me concentrate on that report by answers from Vietnam or Laos. To do dressed the Politburo. Quang which went into a lot of detail this, I want to refer to the charts, in- These numbers are all confusing, but about the number of Americans being formation about POW’s from Vietnam this is what the report says. This is not held. When that document publicly sur- that has surfaced in the last 12 years a debate about what Bob SMITH be- faced from the Soviet archives in April from the Communist Party and intel- lieves. It is not a debate about that re- of 1993, the Vietnamese put a full court ligence archives of the former Soviet port itself. It is a debate about what press on it, believe me, to label the Union. The Russians, to their credit— this report says. It says it. It is a docu- document a ‘‘fabrication.’’ They knew

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16413 the President was close to lifting the This is Le Van Bang, former U.N. Archivist of the Russian Federation in trade embargo. In fact, some said it Ambassador from Vietnam, the charge August of this year. Here is what he was created to squash the trade embar- d’affaires in Washington, DC. He is said: go. I do not know who could create it. here now. I am absolutely certain that the numbers— It came out of the Soviet archives. It ‘‘[General Quang] was in no position was an authentic document. It was said to make such a report.’’ That is the numbers of POW’s. they were caught between a hot rock ‘‘It’s a sheer fabrication. It’s non-ex- and a hard place. cited by General Quang are true. I believe istent.’’ that the data still exists in Vietnam which What do they do? They lie. They said ‘‘The intelligence service that manu- deals specifically with U.S. POW’s . . . I am the report was cooked up and fab- factured this report was a very bad in- absolutely positive that the 1205 figure is ab- ricated by a Harvard researcher. That telligence service. It was absolutely solutely true and correct as far as intel- is where it got very interesting. This wrong. Never in my life did I make ligence data is concerned. As an archivist was not a POW/MIA activist. This was such a report because it was not my and someone who has analyzed a great many not a nut. This was a Harvard re- area of responsibility * * *. I had noth- documents, military and otherwise, I can tell searcher who had nothing to do with ing to do with American prisoners,’’ you that this is an absolute truth: MIA’s. He was over there doing another said General Quang in April 1993. He has used the word ‘‘absolute’’ two project. He found it. He said, ‘‘Whoops. Did anybody from the U.S. Govern- or three times: Holy mackerel. Here, this is something ment, anybody from the Clinton ad- important.’’ He tucked it away. His ministration, meet with General This number was announced by Quang at a closed Politburo meeting. name was Stephen Morris. Quang? You guessed it. No. When the Russians officially turned But I did. I did. I went over and spent How do Russians get information out that document over, the Russians were a half-hour with him. He lied through- of a closed Politburo meeting? We do able to convince every reasonable out the entire discussion. The reason I not need to get into that, but we all scholar and analyst that this was an know he lied is because I asked him know how to get it. authentic intelligence document from questions that I knew the answer to. the GRU, the equivalent to our Defense Colonel General Ladygin, Chief, Main He gave me the wrong answers to about Intelligence Directorate of the General Intelligence Agency. Simply put, the just the basic information, about the Russians confirmed when they turned Staff Ministries of Defense. That is the war years, about information he had GRU, the intelligence arm: the document over that the Viet- that I knew was accurate. He lied. He namese had apparently lied to the lied about this. General Tran Van Quang, according to the United States for 20 years. This is when the Vietnamese really position he held in the Vietnamese military Was there an uproar by the adminis- got hot. political leadership in 1972, would have been tration, Mr. President? No. In fact, the fully competent in the matters stated in the ‘‘The Russians can possibly open up first thing they did was to classify the report and qualified to speak about them at their documents for you, but as long as document secret, and withhold it from Politburo sessions of the Vietnamese Com- the United States side is treating the the American people. ‘‘Oh, we do not munist Party Central Committee. Vietnamese as ‘Trading with the want to mess up the embargo. We can- Enemy,’ we cannot open our documents Fully competent in the matter stat- not let that out.’’ But Dr. Morris re- for this reason.’’ ed. They knew who he was. They were leased it to the New York Times. Now That is what the Vietnamese said. He allies. They knew who Quang was. Of we have a problem. So then the admin- said that to me, particularly the Viet- course, they knew who he was. That is istration had to respond. namese official in Hanoi. It is pretty why they were spying on him, to put it I have a chart here that is a synopsis nicely. of the official comments by the Gov- revealing—that last quote, Mr. Presi- Captain 1st Rank Alexander Sivets, ernment of the Socialist Republic of dent, because the Vietnamese told me Main Intelligence Directorate of the Vietnam. personally—that the Russians can open General Staff, GRU. Listen: Let me just quickly go through this. their documents, but we are not going to as long as there is a trade embargo. You have to remember that this is an I will reaffirm that the 1205 document independent researcher, Dr. Morris, That is exactly what they said to me. could not have been used for propaganda pur- who finds the document in the Soviet The Russians can open them up, but we poses. It was a top secret document not in- archives. The Soviets say it is true, it are not opening them up until you get tended for anyone outside the chambers of is an accurate document in the sense rid of the trade embargo; that is, Trad- the Vietnamese Communist Party to see . . . ing With the Enemy Act. the document that was sent to the (Soviet) that it is authentic. You cannot vouch Central Party Committee is, in fact, an for the exact language in it. But these Well, the President lifted the embar- go 2 years ago. After he lifted the em- original document and not a fake. We con- remarks were made by General Quang, sider that the Vietnamese leaders, in their it is an authentic document out of the bargo, we were going to have this desire to exploit the POW problem for their Soviet archives, out of the GRU intel- whole raft of information which was own interests, would officially cite a lower ligence community. So now we have a going to come sweeping out of Viet- figure than the real one. This is something problem. This is two Communist na- nam. that we do not doubt . . . we believe that tions during the war who were friends. We were going to be just besieged there were more (American POWs) than Vietnam was officially admitting to. This is an embarrassment. And the with it. Communist Vietnamese were livid be- Well, we still do not have access to Gen. Dmitri Volkogonov, a real hero cause it embarrassed them. But they their Communist Party records on in my mind, who has worked hard on were caught with their proverbial POW’s. We had to get it through the this issue on the side of Russia to help pants down. They had to say some- Russians. So much for superb, splendid, us resolve this issue even though he is thing. Here is what they said. outstanding cooperation, Mr. Presi- very sick: ‘‘Vietnam totally denies that ill-in- dent. tentioned fabrication * * *. Realities Let us look at the second chart. Let Upon the request of Senator Smith to President Yeltsin — prove that the report * * * is com- us see what the Russians had to say pletely groundless.’’ about this document. I hope everyone That was a hand-delivered letter that That was in the Foreign Ministry. is following this because we just saw my wife delivered to Boris Yeltsin, put ‘‘General Tran Van Quang had noth- what the Vietnamese had to say. These it in his hand when he visited in Amer- ing to do with the General Staff of the are the Russians. They do not have any ica so there were no bureaucrats in be- Vietnamese People’s Army,’’ said the reason to be lying to us about this. tween: Foreign Minister. This is embarrassing to them if any- ‘‘This is a pure fabrication, and we thing else. It would be the equivalent Upon the request of Senator Smith to President Yeltsin, President Yeltsin ordered completely reject it,’’ said the Deputy of England and the United States with me to conduct additional research— Director of Vietnam’s Office for Seek- some agreement during the war years ing Missing Persons. that would embarrass one of us against I mean we would not want anybody ‘‘* * * it is a forgery document. It’s the other. But here we have Dr. Rudol’f in the administration to give Yeltsin totally false.’’ Germanovich Pikhoya, the Chief State anything on this so I did:

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16414 CONGRESSIONAL RECORD — SENATE October 31, 1995 to include in the files of the Main Intel- Remember, this document deals not The number of U.S. POWs mentioned in ligence Directorate of the Ministry of De- just with MIA’s. It dealt with a whole the document could not be correct . . . fense. . . I have studied exhaustively the raft of things. They have an authentic Now, we are going to get to the CIA. mechanism used to gather this document— ring: Now we have to trash this thing, blow Listen carefully: For example, when they (General Quang) it up and make sure we could not pos- I have studied exhaustively the mechanism described what their negotiating tactics sibly have any credibility left because used to gather this document, and I can state were, those were the tactics they were using we have to normalize. We cannot let that I do not know of any case where such in negotiating with us. this document get in the way. information would have been fabricated. . . Kissinger was the guy who nego- (General Ladygin) has stated that General So the CIA says: tiated the Paris Peace Agreement: Quang was fully competent to give his re- The number of U.S. POWs mentioned in port. They say in this document that their pro- the document could not be correct, they con- That is a nice way of saying we col- posals were first a cease fire and overthrow tradict what the U.S. Government knows of President Thieu, after which they would lected intelligence in there. We are not from years of research and the analysis of use the prisoners to negotiate whatever thousands of other intelligence documents. going to tell you how we did it, but we other concerns they had. Now, as of the date did it. of that document, those were their pro- So, the U.S. Government, the CIA, Maj. Gen. Anitoliy Volkov: posals. A month later they changed it, but I sitting here in Washington, DC, knows The Vietnamese denied this document and could see if you make a report to the Polit- more than the Russian intelligence, said it was put forth to throw cold water on buro in the middle of September and you who were on the ground, allies, knows U.S. relations. However, I would say in re- want to summarize what the negotiating po- more than anybody else: sponse that there is an old Russian proverb— sition is. . . . All previously known information and con- you cannot change the words of a song. He goes on to say: ventional analytical thinking based on this Once it is a song, it is a song. When If that document is authentic, and it is information tend to refute the Russian docu- you change the words, it is a different hard to imagine who would have forged it, ment . . . Based on historical information we song, is it not, Mr. President? for what purpose, then I think an enormous have amassed . . . I want to reiterate Mr. President, the crime has been committed, and then we should—I do not see how we can proceed in They do not say where they amassed Russians have told me right to my normalizing relations until it is fully cleared it. They just amassed it. No proof. face, in my office and in Moscow, that up. We can assume that there is little evidence the method by which these reports, the Dr. Kissinger himself: ‘‘I do not see to support the claims made in the Russian Quang documents, were collected were how we can proceed with normalizing document. reliable by the GRU, the intelligence relations until it is cleared up.’’ gathering agency. And it was a method If I wanted to use profanity on the through which they acquired other sig- Not only has it not been cleared up; floor of the Senate—and I will not— nificant reports during the war. In fact, we have not even talked to anybody there is a word for that, Mr. President. they acquired another report by Gen- about it. It comes from livestock of the male va- eral Quang to the North Vietnamese Dr. Brzezinski: riety: Politburo in June 1972, which has noth- As far as Vietnam is concerned, I think While portions of the document are plau- ing to do with POW’s and MIA’s. In that if this document is sustained, and it sible and some portions are accurate and looks unfortunately to be sustainable, we true, evidence in support of its accuracy con- that report, he talks about North Viet- have the right to ask the present Vietnamese nam losses during the Easter offensive cerning the POWs is far outweighed by er- government to place those responsible in war rors, omissions, and propaganda which de- in the spring of 1992, and guess what. crimes trials . . . tracts from its credibility. That information, too, was all accu- Dr. Brzezinski, President Carter’s na- Deputy Assistant Secretary of De- rate. So if he was in a position to know tional security adviser. this stuff, how could it not all be accu- fense for POW/MIA Affairs. Let me repeat this: rate? No one in the administration has Let us drop down to Malcolm Toon, even asked him about it. As far as Vietnam is concerned, I think the U.S. Chairman, Joint Commission that if this document is sustained, and un- on POW/MIA’s: Let us look at what two former Na- fortunately it looks to be sustainable, we tional Security Advisers to the Presi- have the right to ask the present Vietnamese I am now prepared to accept as the best dent had to say about the Vietnamese government to place those responsible in war available answer to this annoying problem. Politburo report. crimes trials . . . It is now an annoying problem. That Now, this is very interesting—very We did not do that, did we? We just is a very interesting choice of words, interesting. This was on MacNeil/ gave them diplomatic relations. We are an annoying problem. Here is a guy out Lehrer—Dr. Brzezinski, who was Na- going to give them money, trade, air- of the Communist archives of the So- tional Security Council adviser to plane routes. viet Union, a general who was in a po- President Carter, and Dr. Kissinger, Dr. Kissinger: sition to know almost everything who was the Secretary of State and the I don’t think that we can normalize rela- about POW/MIA’s, saying that they had National Security Adviser to President tions or ease conditions in international more POW’s and MIA’s in the Nixon. agencies until we have cleared up this issue turnback, and now it is an annoying Again, following up on the same two . . . I don’t see how we can proceed with problem. reports: North Vietnamese or with Vietnamese nor- You bet your boots it is an annoying Dr. Brzezinski, you’ve stated publicly, and malization until this question is cleared up ... problem. If you want to normalize rela- you’re quoted in the New York Times as be- tions with a government that held lieving the document— Well, we did. So much for the impact them, it sure as heck is an annoying of two National Security Council advis- The 1205 document. problem. That is what it says, an an- ers, very respected, very knowledge- is genuine. What convinces you? Dr. noying problem. able, certainly more knowledgeable Brzezinski, National Security Adviser to But this is the one here. This is Rob- President Carter, right after the war. What than anyone I know on this issue. convinces you? Let us look at what the President ert Destatte, Vietnam analyst, Defense Its style, its content, the cover note to the says, the Clinton administration deni- POW/MIA Office, statement to the Rus- Soviet Politburo. One would have to assume als concerning the 1972 Politburo re- sian Government in August 1995. This a really very complex Byzantine conspiracy port on American POW’s. This is amaz- is bizarre. Destatte is over there. And to reach the conclusion that this is not an ing. You heard Brzezinski, you heard here is what he says. He is now going authentic Soviet document based on a Viet- Kissinger, you heard the Russians, the to argue with the Russian intelligence. namese document. Russian intelligence. Now let us hear He knows more about it than they do: Then MacNeil says: what our Government says. We have accurate knowledge of the move- Dr. Kissinger, what do you think on the What General Quang told us is not incon- ment of prisoners through the Vietnamese question of authenticity, first of all, of the sistent with what we knew about him, and I prison system. We have accurate knowledge document? have no reason to disbelieve General Quang. of the numbers and locations of each of the Dr. Kissinger: I agree with Brzezinski that detention camps in North Vietnam, [not only those parts that I know something about That is General Vessey. North Vietnam] South Vietnam, Laos, and have an authentic ring. I have no reason to disbelieve [him]. Cambodia. Regarding the number of 1205,

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16415 taking into consideration the Americans Laos, you do not have to be a rocket 559. I might say that document was who are unaccounted for, it’s impossible to scientist to figure out there could be provided in September 1993, 20 years come up with the figure 1205 . . . We cannot 430 people that we do not have ac- later, 2 months after my last visit to accept that figure . . . If we look at the doc- counted for. Vietnam. ument, we know where Tran Van Quang was at the time. We also know what his position Now, let me read from the excerpts It was during that visit I sat with the was. It’s highly unlikely that Tran Van from declassified minutes of a White Vietnamese and went through declas- Quang would have presented a report on House situation briefing in January sified documents from our own intel- these issues to the Politburo. 1973, 4 months after Quang’s secret re- ligence agencies page by page and con- Listen to that. It is highly unlikely. port. clusively proved that North Viet- A very clear, precise word. ‘‘Highly un- During that White House meeting, namese units were, in fact, in Laos dur- likely that * * * Quang would have pre- Admiral Daniel Murphy of the Depart- ing the war shooting down and cap- sented a report on these issues to the ment of Defense stated: turing American pilots. I actually read Politburo.’’ That he would have is We don’t know what we will get from Laos. it to them, the Vietnamese. They never highly unlikely. ‘‘We cannot accept We are back in 1973 now: heard these before. It was declassified, that figure. . .’’ Baloney. They do not We don’t know what we will get from Laos. so it was perfectly appropriate to do it. know what they are talking about. We have only six known prisoners in Laos, I actually read them the radio inter- We are told that there is no way that although we hope there may be 40 or 41. cepts that we had on these guys being the numbers add up; General Quang did Mr. President, that is almost the captured. They were shocked. It was not, could not, have given the report. exact number referenced by General the first time anybody of the United In fact, we are told there is no reason Quang. States ever sat down with the Viet- to disbelieve Quang. I think the fact We never got any POW’s back from namese and gave them graphic evi- that he is a North Vietnamese Com- Laos. Not one. Not one. Nine were sent dence and said, ‘‘Hey, guys, I’m sorry, munist general that waged war on back by the North Vietnamese into Vi- don’t give me the line anymore because American soldiers for an entire decade, etnamese prisons. Not one, including we have the intercepts, we know you a Vietnamese general who waged war David Hrdlicka, even though he was captured these guys. We don’t know on American soldiers for a decade, is filmed and those films were sent all what you did with them 20 years later, that not enough reason not to brush over the Communist world. Never got but we know you captured them. So this report aside? Do you not think he one back. Not one. And they were cap- why don’t you tell us? Stop the game.’’ knew what he was talking about? It tured and they were held. Not one shred of information on any was not a propaganda piece. It was a I was in Laos, flew in by helicopter, of those guys. Not to me that year I document allegedly of an actual tran- went up into the remote areas of the was there, not to anybody else after scription of what he said. He is talking caves where Hrdlicka was held. We that, but it is splendid cooperation, Mr. to the Politburo in Vietnam. He is not talked to the villagers who held him. President. talking to the world out there trying We know he was held there. He was So the Vietnamese put together this to convince them of something. alive. They know what happened to summary of shootdowns in Laos. They It is amazing that the Clinton admin- him, too. I am not saying he is alive. I called it the group 559. They turned it istration is so confident on this point. do not know that. My point is they over 2 months later, and our analysts The Russians say it is accurate, that know what happened to him, and there at the Pentagon went through that Quang did, in fact, give this report. were others captured along the Ho Chi summary and concluded: And the Clinton administration says Minh Trail and Laos by Vietnamese there is no reason to believe Quang. It units and taken into Vietnam. As I say, The analysis of this document makes it is an annoying problem. nine of them were Americans. Only clear that the Vietnamese have additional I cannot imagine—I am not an attor- nine of them ever came home. group 559 records that may contain informa- ney, but in a court of law, if you were In our committee hearings in 1992, tion useful to POW resolution. This docu- trying this case, I cannot imagine not Larry Eagleburger had sent a memo to ment makes explicit reference to wartime getting a conviction that this docu- documents from which information was ob- Dr. Kissinger. He was a DOD official at tained. ment was real. If the administration the time. He sent a memo to Dr. Kis- wants to talk about whether the num- singer recommending military action Do we have these documents? Do we bers make sense, let us look at the to get back American POW’s believed have these documents? No. But we are breakdown. The numbers certainly are to be captured in Laos. This was at the getting splendid cooperation. We are not impossible. The word was that time peace accords were being nego- getting the oil money pumping over there could not possibly be that many tiated. there, opening up the airline routes, POW’s. President Nixon said, ‘‘It’s inconceiv- get the businesses going because we are Well, here they are. There are the able that there were not more names having splendid cooperation. 2,170 lost in North Vietnam, South on the POW list from Laos.’’ And this Ask the families, Mr. President, Vietnam, Laos, Cambodia, China. number, this 471, tracks with what Total: 1,101. Those are missing. whether they think the cooperation General Quang said, Mr. President. He has been splendid. Ask the families if Here are the ones KIA/BNR, another was there. Yet, in spite of all this, in they support normalization with Viet- 1,000. We do not know for sure that spite of all these comments, in spite of nam. every one of them is KIA/BNR, body all this information, the President of not recovered. So there is certainly the United States, William Jefferson Since that summary document on enough in the numbers. Baloney. Clinton, said ‘‘We’re getting superb co- Laos losses was turned over in 1993, If the numbers do add up, why should operation’’ from the Vietnamese. practically nothing—nothing, for the the administration let Vietnam off the The Vietnamese have turned over one most part—nothing has been turned hook on these Russian documents? document concerning shootdowns of over by Vietnam concerning cases of Why do we not at least investigate? Americans in Laos. One. One docu- Americans lost in Laos. Let us take Laos as an example. We ment, and that is it, even though our All of these people who have come have 293 personnel missing from Laos; intelligence agencies believe that the down here and railed against me on another 178 that we believe died during Vietnamese have many more records this issue over the years, railed against the war. So 293, 178, equals 471 in Laos. on who they captured in Laos. We all the things I have said, ask them to In the Politburo report General know they do. And you know what, if come down here and rail about Laos. Quang states: we get that list, we will find out that See what they know about Laos. Ask From other categories of American serv- they do. them to come down on the floor of the icemen in Indochina, we have captured 391 The Pentagon refers to that one doc- Senate and say, ‘‘Yes, the Lao and Vi- people, including . . . 43 in Laos. ument that we have as the ‘‘Group 559’’ etnamese in Laos have given us all the Well, you are talking about 471. It document, since the information was information on the Lao shootdowns.’’ would seem to me that if you add 391 apparently compiled from the records Ask them to do that. See if anybody and 43, you are somewhere in the vicin- of the North Vietnamese unit in Laos has the nerve to come down and say ity of 430. And if 471 are missing from during the war, which was called group that.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16416 CONGRESSIONAL RECORD — SENATE October 31, 1995 President Clinton has admitted as According to the press reports, the going to see this stuff until it is all much in the 6-month overdue report subject of the meeting was to thank done. which he provided to Congress on Octo- each other for work on veterans issues, That is a sad thing for me to have to ber 5, 1994. In that report, the President including the missing in action from stand on the floor of the Senate and stated: both sides. That is what the meeting say. It is especially true when you look The Vietnamese have not turned over any was about. at this next chart of quotes from Presi- major documents since September 1993. General Quang—they could not ask dent Clinton himself and Vice Presi- It is another year later, and they him for a more credible response on his dent GORE. I do not know what more still have not done it, but we are mov- document. The issue was not even you can do other than to judge people ing down the old fast track. Vietnam raised, as far as I know. This is very by their words. has done nothing credible in terms of disturbing in view of the fact that our President Clinton, before he was ´ releasing these records on American new Charge d’Affaires, Mr. Anderson, sworn in as President, stated this be- losses in Laos in addition to their high was the State Department’s represent- cause there was a lot of controversy level reports on the politburo on the ative on POW/MIA issues during the about his lack of service in the war, Russians which I spoke about earlier. interagency meetings at the end of the and so Vietnam was an issue in the The Russian intelligence data that we Carter administration in 1980. He campaign. He said: served with Brzezinski. You would stumbled on by the action of a re- I have sent a clear message that there will searcher named Steven Morris caught think he would be interested in pur- suing these matters now that he is at be no normalization of relations with any them in the act, and yet we have to de- country that is at all suspected of with- Hanoi. My office called the State De- bunk it. We have to say it is not true holding information on missing Americans.’’ because if we say it is true or even in- partment to find out what was actually said during that meeting. If the subject That was Bill Clinton prior to his as- dicate it might be true, we cannot nor- of the Guam report was not discussed suming office as President. malize. at this meeting last Thursday, I would During the campaign, he said: What I have tried to do is, as I have question what the point is of having gone through this—and I must admit I I think that the Vietnamese would be mak- diplomatic relations with Hanoi. ing a mistake if they think they could get, am getting tired, Mr. President, but I If we are going to have diplomatic re- somehow, a better deal from me. I made real cannot be as tired as some of the fami- lations with Hanoi to get the answers, commitments to the American people and to lies are who have waited, so I am going why do we not ask for the answers? the families and friends and the POWs and to get through this. Bear with me just President Clinton said it was the best the MIAs that, you know, we’ve got to have a little while longer. a full, complete, good accounting before we way to get answers on POW/MIA’s. If Congressman JAMES TALENT, in a normalize relations. we are not even going to raise the sub- hearing chaired by ROBERT DORNAN ject—it is obvious that all we are hear- I am sorry to have to give you the June 28, 1995, this is now to Gary ing is rhetoric from the administra- bad news, Mr. President, but we do not Sydow, senior analyst, Defense, POW/ tion, and there is no real commitment have a full accounting. MIA Office, Department of Defense. to serious follow-up on the issue. AL GORE, the Vice President, who Question: Has the United States been Do you know what the sad thing is, served in Vietnam, was even stronger. granted access to Vietnam’s wartime central Mr. President. I have been on the floor He said, in 1993, after he took office: committee level or politburo records per- now—I do not even know—a long time. taining to the subject of American POW’s I’ll tell you this. The great push towards captured during the war in Vietnam, Laos, You just wonder how many people real- normalization of relations is very strong, or Cambodia? Have they given us access to ly care, other than the families and and a lot of other countries are moving those central committee level or politburo some who stay focused on this issue. It there, but it’s not going to go forward until records? Because I understand that is where is so sad. Earlier in my remarks, I we’re satisfied that the Vietnamese govern- these matters were discussed. Does anybody quoted assistant Secretary of State ment has been totally forthcoming and fully know? Winston Lord when he stated this past cooperative in giving every last shred of evi- dence that they have on this issue. We’re In other words, have they given us may, ‘‘We have no reason to believe very concerned about it. access to the politburo records General that the Vietnamese are not making a Quang referred to. good-faith effort.’’ Did he talk to Mr. Every last shred of evidence? Oh, my. Gary Sydow, senior analyst: ‘‘The an- Sydow? If you are listening, Mr. Lord, Last month, the President said that swer to that is no.’’ talk to Mr. Sydow. He has been around normalizing relations with Vietnam is That is the end of the statement. I a long time. He knows a lot more about the best way to ensure further have known Gary Sydow since I have the issue than you do. Read the testi- progress. Now it is ‘‘further progress.’’ been in the Congress. He is a very re- mony of the committee, Mr. Lord. You go from, ‘‘we have to get all the spected analyst. He has no agenda. He I think it is clear, from everything I answers to normalize’’ to ‘‘if we nor- is a good man. He is telling the truth. have gone through today, that the malize, we will get more answers.’’ It is He told the truth before Congress. The American people are being misled in a complete reversal, Mr. President, a answer to that is no. But that did not terms of cooperation, because they are flip-flop on a campaign promise. The stop normalization. That did not stop not cooperating. Are they cooperating American people need to understand normalization, no. We have another at all? Yes. If you want to get into se- that, and so do the families have to un- agenda. mantics, yes, sure. If we pay them sev- derstand that. Even the administration representa- eral million dollars, we can dig around The last chart, Mr. President—and tives who traveled to Vietnam and out in the crash sites, find a few teeth, this is the last chart and the end of my those who are now stationed there have a few bone parts, airplane parts. Sure. remarks for tonight—brings it home di- done little, in my opinion, to press the That is reasonable. That is progress. I rectly. This basically is a breakdown, Vietnamese for the Quang document. am not opposed to that. by State, of all the missing. As far as I I have to believe in most cases they But that is not enough. I want the know, every State in the Union has are honorable men and women, but records. I want the Politburo access. I American soldiers missing from the why do they not ask for the document, hate to say this, but this administra- Vietnam war, including nine from my why do they not press for the informa- tion does not want the American peo- State of New Hampshire. I want my tion? That is not asking too much. ple to find out what we already know colleagues to understand something. Last Thursday, our new Charge´ d’Af- about our missing POW’s, because it is These are not just statistics. Behind faires in Hanoi, Mr. Anderson, met not a pretty picture, Mr. President. If every one of those numbers—behind with General Quang. Again, I got ex- it got out—and it will, but it will be the nine in New Hampshire, behind the cited. He is going to meet somebody after the fact—it would stop normaliza- 210 in California, behind the 28 in Lou- other than me. He is actually going to tion because the American people isiana, or the 20 in Montana—is a fam- talk to General Quang. He is still alive. would go crazy; they would yell and ily, a brother, sister, father, mother, He still has this information in his scream and write letters to their Con- wife, husband. They all wait. They all head. So he is going to meet with him, gressmen and Senators, and they would wait. They all wait. All these years, this Mr. Anderson. So I got excited. be outraged. That is why we are not they wait.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16417 You know, in war, you lose people. or wrong but the Vietnamese know. NATIONAL SECURITY COUNCIL, People die. People get killed, lost. Peo- They can tell us. They can tell these March 2, 1977. ple are not found. We understand that, families so we do not have to go Memorandum for Zbigniew Brzezinski. From: Michel Oksenberg. and so do the men and women who through this pain anymore. Subject: Letter to Carol Bates of National serve understand that, and so do their I have a long list of other cases, and League of Families. families understand it. But that is not I am not going to go through them. Attached at Tab A is a reply for your sig- what we are talking about here. We are There has been no cooperation of the nature to a letter from Carol Bates (Tab B). I chose a reflective reply, since we wish to talking about sharing information that many requests from Congress for basic this Government has with the Amer- sustain Ms. Bates’ confidence in us. We still information on MIA’s. have to cross the difficult bridge with these ican people, so they can make an intel- I hope my reason for taking the time people. ligent decision, through their rep- of the Senate tonight, I hope that this Recommendation: That you sign the letter resentatives, about whether or not we issue might somehow, some way, hit at Tab A. should normalize with a country that home for each of my colleagues. When did this to us. They have withheld this NATIONAL SECURITY COUNCIL, you look up there in your State and from us all these years, but we have ba- March 15, 1977. you see that number, think about it. Memorandum for Zbigniew Brzezinski. sically done that—normalized with There is a family behind every single From: Michel Oksenberg, MD. them. number—children, grown now, some of Subject: League of Families’ Reaction to I could go on and on. There is a case Presidential Commission to Hanoi. them, children of their own, down at involving an aircraft shot down by Signs are beginning to accumulate that the wall. north Vietnamese forces in Laos 1 many members of the League of Families are week after the Paris peace accord—just I have looked at this issue for 11 distressed by the purpose of the Woodcock a week after the Paris peace accord, years, and I know what I am talking Commission. They believe it is simply a rit- ualistic effort to obtain an accounting, with Mr. President, when they all were sup- about. I know what I am talking about. Communist Vietnam, Communist Laos, the President already having decided that he posedly accounted for. One week after, will accept whatever the Vietnamese give as it was shot down. At the time, there Communist North Vietnam and Com- sufficient to justify movement toward nor- were national security agency radio munist China, as God is my witness, malization. intercepts, and based on these inter- holds information on American service I think it important to keep the League on cepts, the probable capture and move- personnel today as I speak. They hold board for as long as possible. ment along the Ho Chi Minh trail of it and they can account for them. I have just talked to Carol Bates, Adminis- trative Assistant of the League. I think that Americans by the North Vietnamese in We do nothing about it except nor- she is basically a reasonable person, and she this incident. To show you the agony malize and go on with business as usual indicated to me that a letter from you might the families have to go through—and I as if everything is all right, everything enable her to prevent the convening of a do not want to get into whether it is is more important, and then on top of meeting and/or press conference that would right or wrong— now the Pentagon that, we hide it from the Congress in blast this effort before the Commission re- wants to bury the entire crew at Ar- violation of the law to be sure that we turns home with its report. lington because they found half of a get it doing. Recommendation: That you sign the letter to Carol Bates at Tab A. tooth at the crash site in 1993. If we do not pursue the documents, or Now, how do you explain to a family call into serious question the Presi- NATIONAL SECURITY COUNCIL, why half a tooth found at a crash site dent’s ill-advised decision to nor- March 25, 1977. could conclusively tell a family that is malize, I am offended as a veteran, as a Memorandum for Zbigniew Brzezinski. their loved one when we had radio From: Michel Oksenberg, MD. father with two sons and a daughter, Subject: Forthcoming Paris Negotiations intercepts that these guys were taken any of whom could be sent off to Bos- away from the crash site? How do you with the Vietnamese. nia. You might wish to underscore to the Presi- do that? dent the desirability of toning down expecta- I am told this is only forensic evi- Mr. President, this is a tough issue. There is no question about it. It is a tions, should a question arise at the press dence that was recovered and now they conference about the Paris negotiations. want to bury the whole crew. Their tough issue. The people say to me, The Vietnamese media have been vitriolic names have been taken off the list. ‘‘Senator, why don’t you put the war in their attacks on the U.S. They have ex- That is what it is—get that list down. behind you? Why don’t you end this?’’ plicitly linked aid to recognition. They have Even though the Vietnamese may not Because you have to get the truth. begun to release additional communications which passed between the Nixon Administra- have provided one shred of documen- That is all we want, is the truth. tion and the DRV. tary evidence as to what happened to We do not want something that you Among other considerations, the hardened these men. They know what happened cannot deliver on. If the Vietnamese mood makes it unlikely that we will be ob- to these guys. They could tell us. If cannot provide answers, then tell us taining more information on MIAs. At the they died, they know. If they were led why they cannot, but provide us unilat- same time, in response to the President’s re- off and executed, they know. If they erally with everything that you can. quest, the Pentagon is forwarding rec- died in captivity, they know. And for God’s sake, the United States ommendations on status reviews of the What do they do? They say, go ahead, Government, in a timely fashion, MIAs. The Pentagon will recommend that please provide any information that case reviews go forward, i.e., that MIAs be take your shovels. We will sell the declared KLAs. This will place the President you have so that the families can fi- shovels to you, sell you the bulldozers, in a difficult political position, should he de- or lease you the bulldozers, give you nally get the peace that they deserve cide to accept the Pentagon’s recommenda- some men at ridiculously high prices after so many years. tion. He had earlier pledged not to allow case for labor, and we will let you go out EXHIBIT 1 reviews until adequate accounting had been obtained. And he had raised public expecta- there and dig around at the crash site THE SECRETARY OF DEFENSE, tions that the Vietnamese were going to be when, in fact, we have all the informa- Washington, DC, February 14, 1977. tion in the archives. We know what has Memorandum for the President. more forthcoming on MIA information. Now it looks as if we may be in a deep freeze for happened. That is progress. That is the I understand that at your meeting on Feb- at least many months. cooperation we are getting. ruary 11 with leaders of the National League Placed in the broadest context, when one It is hard for a family to have to deal of Families, you indicated that the morato- considers the Vietnamese statements as well with that. Imagine yourself, a father or rium on unsolicited status changes for MIAs as Congressional votes against aid to Viet- mother, a spouse, to have to look at would continue. From our conversation be- nam, we see the inability of two bitter en- that report, then be asked to accept a fore that meeting, my understanding is that emies swiftly to place the past behind them, the Department of Defense should go as the President had hoped. I have drafted a tooth at that crash site when, in fact, through all the files, getting ready to move you have radio intercepts, intelligence Q&A for the President in this realm which I on a program of unsolicited status changes think is appropriate for the occasion and in reports that said these men were cap- later this year depending upon the outcome keeping with his style. You might draw it to tured. of negotiations with the Vietnamese. his attention (Tab A). I do not know what is right. I do not Do I correctly understand your wishes? Recommendation: That you mention this know if the radio intercepts were right HAROLD BROWN. to the President before the press conference.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16418 CONGRESSIONAL RECORD — SENATE October 31, 1995 THE SECRETARY OF DEFENSE, or more correctly, mismanaging—our year after it was due to be submitted— Washington, DC, May 26, 1995. bilateral relationship with the Social- we have still not received that com- Memorandum for the President. ist Republic of Vietnam. Subject: Status Reviews for Servicemen plete report required by the statute. My colleagues know that I was not Missing in Southeast Asia. While I acknowledge that the Presi- You have asked for my recommendations supportive of the President’s decision to normalize relations with Hanoi. This dent has wide latitude in the conduct concerning status reviews for MIAs. of foreign policy, that latitude does not As you know, since mid-1973 DoD has con- opposition was not based on my dislike ducted status reviews only upon the written of that country’s Communist dictator- extend whether his administration request of a missing serviceman’s primary ship, or even its brutal repression of its abides by the legal requirements of next of kin or upon receipt of conclusive evi- own people—although in this adminis- Federal statutes. I and several other dence of death, such as the return of his re- tration’s view these two bases seem Senators wrote the President this sum- mains. The Woodcock Commission concluded sufficient to continue to deny recogni- mer requesting that the Defense De- (as had the House Select Committee on Miss- tion to Cuba and North Korea. Rather, ing Persons in Southeast Asia, and the De- partment comply with the law; we are partment of Defense) that there is no evi- I did not believe that we should reward still awaiting a response. Congress re- dence that any American servicemen are Vietnam with the normalization of re- quested the list in order to determine alive and being held against their will in lations when, in my opinion and the for ourselves whether Vietnam was Southeast Asia. opinion of many of the Members of this providing the United States with the It is true that the Southeast Asian govern- body, Hanoi has not been sufficiently fullest possible accounting of our POW/ ments probably have significantly more in- forthcoming with information about MIA’s. Each day that passes without it, formation about our missing men than they our country’s missing and dead service- have given to us. There is no reason to be- I believe, sends us the signal that the men in Vietnam and Laos. administration is indifferent to both lieve, however, that continuing to carry I will not rehash the normalization servicemen as missing in action puts pres- our concerns and our role. As the sure on Hanoi to provide information on our issue; the President made that decision chairman of the Foreign Relations missing men. In fact, the opposite probably and it serves little purpose to argue Subcommittee with jurisdiction over is true; it puts pressure on us to make con- about a fait accompli. However, one of Vietnam, I can assure the President cessions to Hanoi. the issues that brings Senator SMITH that as each day passes without our re- Status reviews, and obtaining of a com- and I to the floor today are the increas- ceipt of the report, the likelihood that plete accounting, are two distinct issues. An ing signs that this administration’s has any ambassadorial nominee or funding accounting that confirms death by direct decided to explore expanding our bilat- request for that country will be evidence validates a declaration or presump- eral relationship to the economic ben- indefinately held in my subcommittee tion of death for a missing serviceman, but it efit of the Vietnamese Government is not a legal prerequisite to a status change. increases commensurately. while completely disregarding the lack Given the overwhelming probability that of Vietnamese progress on both the Second, I am very concerned with the none of the MIAs ever will be found alive, I seeming disparity with which the Clin- believe the time has come to allow the Sec- POW/MIA and human rights fronts. retaries of the Army, Navy and Air Force to Representatives from the State Depart- ton administration has chosen to treat exercise their responsibilities for status re- ment and the Office of the U.S. Trade Vietnam’s jailing of two American citi- views as mandated by law even though we Representative were scheduled to come zens—Tran Quang Liem and Nguyen have not received a full accounting. to the Hill this week to brief our staffs Tan Tri—versus its reaction to China’s Reinstatement of reviews will of course be on the administration’s decision to arrest of Harry Wu. I spoke at length controversial. Certain members of the Con- move toward expanding economic rela- on the floor on September 5 about Viet- gress, some families of the missing men, and others will charge that it is an abandonment tions with Vietnam. Apparently, inter- nam’s atrocious human rights record in of one MIA. agency discussions have been ongoing general, and the case of these two to the topic of extending loans and as- Americans in particular. In August, a * * * * * sistance to the Vietnamese through the Vietnamese court sentenced Tran and The resumption of reviews will be preceded Import-Export Bank, the Trade Devel- by (1) an expression of our strong commit- Nguyen who were accused of being ment to obtaining further information about opment Agency, and the Overseas Pri- counter-revolutionaries and acting to the missing men and (2) careful preparation vate Investment Corporation. This at a overthrow the people’s administration. of concerned groups for the change of policy. time when POW/MIA issues remain un- The two were part of a group trying to The decision will be discussed forthrightly resolved, the Clinton administration is organize a 1 day conference in Ho Chi with the National League of Families. in flagrant violation of a law requiring Minh City to discuss human rights and Appropriate Senate and House leaders and the submission to the Congress of a re- democracy in Vietnam. Radio Hanoi key members will be given advance notice. port about the POW/MIA issue, and two Voice of Vietnam, in somewhat char- The procedures for status reviews will be American citizens remain jailed in Vi- acteristic Communist rhetoric, de- uniform among the Military Departments, in etnamese prisons for advocating de- accordance with legal requirements, and an- mocracy in that country. The Senator scribed their ‘‘crimes’’ as follows: nounced through simultaneous letters from the Service Secretaries to the PW/MIA fami- from New Hampshire has already spo- Taking advantage of our party’s renova- lies. ken forcefully to the POW/MIA issue, tion policy, they used the pretext of democ- The public will be informed of the reasons so I will limit my remarks to the sec- racy and human rights to distort the truth of for reinstituting status reviews and assured ond and third topics. history, smear the Vietnamese communist that this does not detract from our deter- Mr. President, the Clinton Adminis- party and state, instigate bad elements at mination to obtain an accounting. (I suggest tration continues to fail to live up to home, and contact hostile forces abroad fe- that the public announcement would be most its legal obligations with respect to the verishly oppose our state in an attempt to effective coming from you, but I am prepared POW/MIA issue. For example, section set up a people-betraying and nation-harm- to make it instead.) 1034 of the act of October 5, 1994, Public ing regime....Their activities posed a par- Your decision: Law No. 103–337, 108 Stat. 2840, requires ticular danger to society and was detri- 1. Reinstate status reviews in accordance mental to national security. the Secretary of Defense to provide the with the foregoing: Approve b. Disapprove b. Other b. Congress with a complete list of miss- They were sentenced to terms of 4 2. Presidential statement to apprise public: ing or unaccounted for United States and 7 years respectively. military personnel about whom it is Approve b. Disapprove b. Other b. When human rights activist and 3. Prepare for your approval a detailed plan possible that Vietnamese and Laotian of procedure: Approve b. Disapprove b. officials could produce information or American citizen Harry Wu was ar- Other b. remains. The statute mandated that rested in the People’s Republic of HAROLD BROWN. the report be submitted to us by No- China this summer, the Clinton admin- Mr. THOMAS. Mr. President, I rise vember 17, 1994. When the DOD re- istration appropriately raised a huge today as the chairman of the Sub- quested an extension of the deadline to diplomatic outcy. When Wu was jailed, committee on East Asian and Pacific February 17, 1995, we did not object. We public calls for his immediate release Affairs to join with the Senator from did not object when the DOD supplied came from the highest levels of the ad- New Hampshire in expressing my pro- us with a sadly incomplete interim re- ministration. It was made clear that found disappointment with the way the port. But Mr. President, almost 9 Mrs. Clinton would not attend the U.N. Clinton administration is managing— months after that date—and almost a Women’s Conference in Beijing if he

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16419 was still being held, and that other (The nominations received today are The message also announced that the high-level contacts would be disrupted. printed at the end of the Senate pro- House has passed the following bills, in In essence, the signal went out that ceedings.) which it requests the concurrence of business as usual would be suspended f the Senate: until his release. H.R. 1358. An act to require the Secretary Well Mr. President, where is a simi- REPORT OF THE NOTICE OF THE of Commerce to convey the Commonwealth lar outcry about the fate of these two CONTINUATION OF THE IRAN of Massachusetts the National Marine Fish- Vietnamese-Americans? The only EMERGENCY—MESSAGE FROM eries Service laboratory located on Emerson THE PRESIDENT—PM 90 Avenue in Gloucester, Massachusetts. statement I have seen from the State H.R. 1508. An act to require the transfer of Department so far was one announcing The PRESIDING OFFICER laid be- title to the District of Columbia of certain that they had raised this case with the fore the Senate the following message real property in Anacostia Park to facilitate Vietnamese a number of times, here from the President of the United the construction of National Children’s Is- and in Hanoi. The information avail- States, together with an accompanying land, a cultural, educational, and family-ori- able to me and other Members of the report; which was referred to the Com- ented park. Senate, however, indicated that the mittee on Banking, Housing, and H.R. 1691. An act to provide for innovative approaches for homeownership opportunity issue was only being raised at the con- Urban Affairs: and provide for the temporary extension of sular level. It was for that reason that To the Congress of the United States: the rural rental housing program, and for Senator GRAMS introduced, and I co- Section 202(d) of the National Emer- other purposes. sponsored, Senate Resolution 174 call- gencies Act (50 U.S.C. 1622(d)) provides H.R. 2005. An act to direct the Secretary of ing on the Secretary of State to pursue for the automatic termination of a na- the Interior to make technical corrections in their release as a matter of the highest maps relating to the Coastal Barrier Re- tional emergency unless, prior to the sources System. priority and requesting that he keep anniversary date of its declaration, the The message further announced that the Foreign Relations Committee in- President publishes in the Federal Reg- the House disagrees to the amendment formed regarding their status. Senate ister and transmits to the Congress a of the Senate to the bill (H.R. 249) to Resolution 174 passed unanimously on notice stating that the emergency is to provide for reconciliation pursuant to September 19, yet since that time the continue in effect beyond the anniver- section 105 of the concurrent resolution administration gives the appearance of sary date. In accordance with this pro- on the budget for fiscal year 1996, and moving ahead with business as usual. I vision, I have sent the enclosed notice, have seen no public statements by the asks a conference with the Senate on stating that the Iran emergency is to the disagreeing votes of the two Houses Secretary regarding the case, and as continue in effect beyond November 14, the chairman of the subcommittee of thereon; and appoints the following 1995, to the Federal Register for publica- Members as the managers of the con- jurisdiction I have not seen any reports tion. Similar notices have been sent on its status. While I have become ference on the part of the House: annually to the Congress and the Fed- For consideration of the House bill aware that there have been some be- eral Register since November 12, 1980. hind-the-scenes moves to secure their and the Senate amendment, and modi- The most recent notice appeared in the fications committed to conference: Mr. release, it is no thanks to the State De- Federal Register on November 1, 1994. partment that that information came KASICH, Mr. WALKER, Mr. ARMEY, Mr. The crisis between the United States DELAY, Mr. BOEHNER, Mr. SABO, Mr. to my attention. and Iran that began in 1979 has not During his campaign for President, BONIOR, and Mr. STENHOLM. been fully resolved. The international As additional conferees from the then-candidate Clinton lambasted tribunal established to adjudicate Committee on the Budget, for consider- President Bush’s relations with claims of the United States and U.S. ation of title XX of the House bill, and China—not dissimilar, I must note, nationals against Iran and of the Ira- modifications committed to con- from those Clinton himself has since nian government and Iranian nationals ference: Mr. KOLBE, Mr. SHAYS, Mr. adopted—and accused him of coddling against the United States continues to HOBSON, Ms. SLAUGHTER, and Mr. dictators. Well, Mr. President, with function, and normalization of com- COYNE. movement toward increased economic mercial and diplomatic relations be- As additional conferees from the aid in spite of the treatment of our tween the United States and Iran has Committee on Agriculture, for consid- citizens, in spite of Vietnam’s horren- not been achieved. Indeed, on March 15 eration of title I of the House bill, and dous human rights record, one might of this year, I declared a separate na- subtitles A–C of title I of the Senate be tempted to ask who’s doing the cod- tional emergency with respect to Iran amendment, and modifications com- dling now? pursuant to the International Emer- mitted to conference: Mr. ROBERTS, Mr. I have no strong objection to the gency Economic Powers Act and im- EMERSON, Mr. GUNDERSON, Mr. DE LA eventual institution of full diplomatic posed separate sanctions. By Executive GARZA, and [vacancy]. and economic relations with the people Order 12959, these sanctions were sig- As additional conferees from the of Vietnam. But to move toward that nificantly augmented. In these cir- Committee on Banking and Financial goal while we have these important cumstances, I have determined that it Services, for consideration of title II of issues outstanding is, I believe, an af- is necessary to maintain in force the the House bill, and title III of the Sen- front to the memories of our missing broad authorities that are in place by ate amendment, and modifications and killed American servicemen, their virtue of the November 14, 1979, dec- committed to conference: Mr. LEACH, families, and the families of the two laration of emergency, including the Mr. MCCOLLUM, Mrs. ROUKEMA, Mr. jailed Americans. authority to block certain property of GONZALEZ, and Mr. LAFALCE. f the Government of Iran, and which are As additional conferees from the needed in the process of implementing Committee on Commerce, for consider- MESSAGES FROM THE PRESIDENT the January 1981 agreements with Iran. ation of title III of the House bill, and Messages from the President of the WILLIAM J. CLINTON. subtitle A of title IV, subtitles A and G United States were communicated to THE WHITE HOUSE, October 31, 1995. of title V, and section 6004 of the Sen- the Senate by Mr. Thomas, one of his f ate amendment, and modifications secretaries. committed to conference: Mr. BLILEY, MESSAGES FROM THE HOUSE Mr. SCHAEFER, and Mr. DINGELL. f At 9:55 p.m., a message from the As additional conferees from the Committee on Commerce, for consider- EXECUTIVE MESSAGES REFERRED House of Representatives, delivered by Mr. Hays, one of its reading clerks, an- ation of title XV of the House bill, and As in executive session the Presiding nounced that the House agrees to the subtitle A of title VII of the Senate Officer laid before the Senate messages following bill, without amendment: amendment, and modifications com- from the President of the United S. 457. An act to amend the Immigration mitted to conference: Mr. BLILEY, Mr. States submitting sundry nominations and Nationality Act to update references in BILIRAKIS, Mr. HASTERT, Mr. GREEN- which were referred to the appropriate the classification of children for purposes of WOOD, Mr. DINGELL, Mr. WAXMAN, and committees. United States immigration laws. Mr. PALLONE.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16420 CONGRESSIONAL RECORD — SENATE October 31, 1995 As additional conferees from the CRANE, Mr. THOMAS, Mr. SHAW, Mr. view of the Public Service Commission Agen- Committee on Commerce, for consider- BUNNING of Kentucky, Mr. GIBBONS, Mr. cy Fund for Fiscal Year 1994’’; to the Com- ation of title XVI of the House bill, and RANGEL, and Mr. STARK: Provided, That mittee on Governmental Affairs. EC–1567. A communication from the Direc- subtitle B of title VII of the Senate Mr. MATSUI is appointed in lieu of Mr. tor of the Office of Personnel Management, amendment, and modifications com- Stark for consideration of title XII of transmitting, pursuant to law, the report on mitted to conference: Mr. BLILEY, Mr. the House bill. the Employee Assistance Program for fiscal BILIRAKIS, Mr. TAUZIN, Mr. BARTON of As additional conferees from the year 1994; to the Committee on Govern- Texas, Mr. PAXON, Mr. HALL of Texas, Committee on Ways and Means, for mental Affairs. Mr. DINGELL, Mr. WAXMAN, Mr. WYDEN, consideration of title XV of the House and Mr. PALLONE. bill, and subtitle A of title VII of the f As additional conferees from the Senate amendment, and modifications Committee on Economic and Edu- committed to conference: Mr. ARCHER, EXECUTIVE REPORTS OF cational Opportunities, for consider- Mr. THOMAS, Mrs. JOHNSON of Con- COMMITTEES ation of title IV of the House bill, and necticut, Mr. MCCRERY, Mr. GIBBONS, The following executive reports of title X of the Senate amendment, and Mr. STARK, and Mr. CARDIN. committees were submitted: modifications committed to con- f By Mr. THURMOND, from the Committee ference: Mr. GOODLING, Mr. MCKEON, on Armed Services: and Mr. CLAY. MEASURES REFERRED The following named Captains in the line As additional conferees from the The following bills were read the first of the United States Navy for promotion to Committee on Government Reform and and second times by unanimous con- the permanent grade of Rear Admiral (lower Oversight, for consideration of title V sent and referred as indicated: half), pursuant to Title 10, United States of the House bill, and title VIII and Code, section 624, subject to qualifications sections 13001 and 13003 of the Senate H.R. 1358. An act to require the Secretary therefore as provided by law: of Commerce to convey the Commonwealth amendment, and modifications com- of Massachusetts the National Marine Fish- UNRESTRICTED LINE OFFICER mitted to conference: Mr. CLINGER, Mr. eries Service laboratory located on Emerson To be rear admiral (lower half) SCHIFF, and Mrs. COLLINS of Illinois. Avenue in Gloucester, Massachusetts; to the Capt. Stephen Hall Baker, 000–00–0000, As additional conferees from the Committee on Commerce, Science, and United States Navy. Committee on International Relations, Transportation. Capt. John Joseph Bepko III, 000–00–0000, for consideration of title VI of the H.R. 1508. An act to require the transfer of United States Navy. House bill, and section 13002 of the Sen- title to the District of Columbia of certain Capt. Jay Alan Campbell, 000–00–0000, ate amendment, and modifications real property in Anacostia Park to facilitate United States Navy. the construction of National Children’s Is- committed to conference: Mr. GILMAN, Capt. Robert Charles Chaplin, 000–00–0000, land, a cultural, educational, and family-ori- United States Navy. Mr. BURTON of Indiana, and Mr. HAM- ented park; to the Committee on Govern- Capt. James Cutler Dawson, Jr., 000–00– ILTON. mental Affairs. 0000, United States Navy. As additional conferees from the H.R. 1691. An act to provide for innovative Capt. Malcolm Irving Fages, 000–00–0000, Committee on the Judiciary, for con- approaches for homeownership opportunity United States Navy. sideration of title VII of the House bill, and provide for the temporary extension of Capt. Veronica Zasadni Froman, 000–00– the rural rental housing program, and for and title IX and section 12944 of the 0000, United States Navy. Senate amendment, and modifications other purposes; to the Committee on Bank- ing, Housing, and Urban Affairs. Capt. Scott Allen Fry, 000–00–0000, United committed to conference: Mr. HYDE, States Navy. H.R. 2005. An act to direct the Secretary of Mr. MOORHEAD, and Mr. CONYERS. the Interior to make technical corrections in Capt. Gregory Gordon Johnson, 000–00–0000, As additional conferees from the maps relating to the Coastal Barrier Re- United States Navy. Committee on National Security, for sources System; to the Committee on the Capt. Stephen Irvin Johnson, 000–00–0000, consideration of title VIII of the House Environment and Public Works. United States Navy. bill, and title II of the Senate amend- Capt. Joseph John Krol, Jr., 000–00–0000, The following resolution, previously ment, and modifications committed to United States Navy. received from the House for the concur- conference: Mr. SPENCE, Mr. HUNTER, Capt. Stephen Robert Loeffler, 000–00–0000, rence of the Senate, was read and re- United States Navy. and Mr. DELLUMS. ferred as indicated: As additional conferees from the Capt. John Thomas Lyons III, 000–00–0000, H. Con. Res. 109. A concurrent resolution United States Navy. Committee on Resources, for consider- Capt. James Irwin Maslowski, 000–00–0000, ation of title IX of the House bill, and expressing the sense of the Congress regard- ing the need for raising the social security United States Navy. title V (except subtitles A and G) of the earnings limit. Capt. Richard Walter Mayo, 000–00–0000, Senate amendment, and modifications United States Navy. f committed to conference: Mr. YOUNG of Capt. Michael Glenn Mullen, 000–00–0000, Alaska, Mr. TAUZIN, and Mr. MILLER of EXECUTIVE AND OTHER United States Navy. California. COMMUNICATIONS Capt. Larry Don Newsome, 000–00–0000, As additional conferees from the United States Navy. Committee on Transportation and In- The following communications were Capt. Richard Jerome Nibe, 000–00–0000, frastructure, for consideration of title laid before the Senate, together with United States Navy. X of the House bill, and subtitles B and accompanying papers, reports, and doc- Capt. Paul Scott Semko, 000–00–0000, C of title IV and title VI (except sec- uments, which were referred as indi- United States Navy. tion 6004) of the Senate amendment, cated: Capt. Robert Gary Sprigg, 000–00–0000, United States Navy. EC–1563. A communication from the Comp- and modifications committed to con- Capt. Robert Timothy Ziemer, 000–00–0000, ference: Mr. SHUSTER, Mr. CLINGER, and troller of the Under Secretary of Defense, transmitting, pursuant to law, notice of fund United States Navy. Mr. OBERSTAR. ENGINEERING DUTY OFFICER As additional conferees from the transfers; to the Committee on Appropria- tions. To be rear admiral (lower half) Committee on Veterans’ Affairs, for EC–1564. A communication from the Chair- Capt. Osie V. Combs, Jr., 000–00–0000, consideration of title XI of the House man of the Board of Governors of the Federal United States Navy. bill, and title XI of the Senate amend- Reserve System, transmitting, pursuant to ment, and modifications committed to law, the report on compliance with the na- AEROSPACE ENGINEERING DUTY OFFICER conference: Mr. STUMP, Mr. HUTCH- tional flood insurance program; to the Com- To be rear admiral (lower half) mittee on Banking, Housing, and Urban Af- INSON, and Mr. MONTGOMERY. Capt. Jeffrey Alan Cook, 000–00–0000, fairs. As additional conferees from the United States Navy. EC–1565. A communication from the Chair- Committee on Ways and Means, for The following named officer for appoint- man of the International Trade Commission, consideration of titles XII, XIII, XIV, ment to the grade of vice admiral in the transmitting, pursuant to law, a report on United States Navy while assigned to a posi- and XIX of the House bill, and subtitles trade during the period April 1 to June 30, tion of importance and responsibility under H and I of title VII and title XII (ex- 1995; to the Committee on Finance. title 10 U.S.C., section 601: cept section 12944) of the Senate EC–1566. A communication from the Dis- amendment, and modifications com- trict of Columbia Auditor, transmitting, pur- To be vice admiral mitted to conference: Mr. ARCHER, Mr. suant to law, the report entitled ‘‘The Re- Rear Adm. Dennis C. Blair, 000–00–0000.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16421 The following named captain in the line of Brig. Gen. Lon E. Maggart, 000–00–0000. * Lieutenant General Thad A. Wolfe, USAF the United States Navy for promotion to the Brig. Gen. Henry T. Glisson, 000–00–0000. to be placed on the retired list in the grade permanent grade of rear admiral (lower Brig. Gen. Thomas N. Burnette, Jr., 000–00– of lieutenant general (Reference No. 641) half), pursuant to Title 10, United States 0000. * Colonel Bettye H. Simmons, USA to be Code, Section 624, subject to qualifications, Brig. Gen. David H. Ohle, 000–00–0000. brigadier general (Reference No. 643) therefore, as provided by law: Brig. Gen. Milton Hunter, 000–00–0000. * In the Army there are 2 appointments to UNRESTRICTED LINE OFFICER Brig. Gen. James T. Hill, 000–00–0000. the grade of brigadier general (list begins with George J. Brown) (Reference No. 644) To be rear admiral (lower half) Brig. Gen. Greg L. Gile, 000–00–0000. Brig. Gen. James C. Riley, 000–00–0000. ** In the Army there are 71 promotions to Capt. John B. Padgett III, 000–00–0000, the grade of colonel (list begins with An- United States Navy. Brig. Gen. Randall L. Rigby, 000–00–0000. Brig. Gen. Daniel J. Petrosky, 000–00–0000. thony C. Aiken) (Reference No. 645) The following named officer for appoint- ** In the Navy there are 844 promotions to ment in the United States Air Force to the Brig. Gen. Michael B. Sherfield, 000–00–0000. Brig. Gen. James C. King, 000–00–0000. the grade of lieutenant commander (list be- grade of major general under the provisions gins with William D. Agerton) (Reference No. Brig. Gen. Joseph G. Garrett, III, 000–00– of title 10, United States Code, section 624: 647) 0000. To be major general * Major General Nicholas B. Kehoe, III, Brig. Gen. Leroy R. Goff, III, 000–00–0000. USAF to be lieutenant general (Reference Brig. Gen. John B. Hall, Jr., 000–00–0000, Brig. Gen. Daniel G. Brown, 000–00–0000. No. 668) Regular Air Force. Brig. Gen. William P. Tangney, 000–00–0000. The following named officer for appoint- ** In the Air Force Reserve there are 20 Brig. Gen. Charles S. Mahan, Jr., 000–00– promotions to the grade of lieutenant colo- ment to the grade of lieutenant general 0000. while assigned to a position of importance nel (list begins with Julian Andrews) (Ref- Brig. Gen. John J. Maher, III, 000–00–0000. and responsibility under Title 10, United erence No. 669) Brig. Gen. Leon J. LaPorte, 000–00–0000. States Code, section 601: ** In the Army there is 1 promotion to the Brig. Gen. Claudia J. Kennedy, 000–00–0000. grade of major (Amy M. Autry) (Reference To be lieutenant general (The above nominations were re- No. 670) Maj. Gen. Brett M. Dula, 000–00–0000, ported with the recommendation that ** In the Army there are 2 promotions to United States Air Force. the grade of colonel and below (list begins The following named officer for appoint- they be confirmed.) Mr. THURMOND. Mr. President, with Michael B. Neveu) (Reference No. 671) ment to the grade of lieutenant general ** In the Army there is 1 promotion to the while assigned to a position of importance from the Committee on Armed Serv- grade of major (Duane A. Belote) (Reference and responsibility under title 10, United ices, I report favorably the attached No. 672) States Code, section 601: listing of nominations. ** In the Marine Corps there are 66 ap- To be lieutenant general Those identified with a single aster- pointments to the grade of captain (list be- Maj. Gen. Nicholas B. Kehoe, III, 000–00– isk (*) are to be placed on the Execu- gins with Thurmond Bell) (Reference No. 673) 0000, United States Air Force. tive Calendar. Those identified with a ** In the Air Force Reserve there are 714 The following named officer for appoint- double asterisk (**) are to lie on the promotions to the grade of lieutenant colo- ment to the grade of lieutenant general on Secretary’s desk for the information of nel (list begins with Laraine L. Acosta) (Ref- the retired list pursuant to the provisions of any Senator since these names have al- erence No. 674) Title 10, United States Code, section 1370: ** In the Air Force there are 28 promotions ready appeared in the RECORDS of To be lieutenant general to the grade of colonel and below (list begins March 8, April 24, September 5, 8, 19, with Larry E. Freeman) (Reference No. 683) Lt. Gen. Thad A. Wolfe, 000–00–0000, United October 10, 11, and 19, 1995, and to save ** In the Army there is 1 promotion to the States Air Force. the expense of printing again. grade of lieutenant colonel (Derek J. Har- The following named officer for appoint- The PRESIDING OFFICER. Without vey) (Reference No. 684) ment to the grade of lieutenant general objection, it is so ordered. ** In the Army Reserve there are 16 pro- while assigned to a position of importance (The nominations ordered to lie on motions to the grade of colonel (list begins and responsibility under Title 10, United with Barbara Hasbargen) (Reference No. 685) States Code, section 601: the Secretary’s desk were printed in ** In the Army Reserve there are 567 pro- the RECORDS of March 8, April 24, Sep- To be lieutenant general motions to the grade of lieutenant colonel tember 5, 8, 19, October 10, 11, and 19, Maj. Gen. James F. Record, 000–00–0000, (list begins with Mary B. Alexander) (Ref- United States Air Force. 1995 at the end of the Senate pro- erence No. 686) The following named Medical Corps Com- ceedings.) Total: 4,699. *In the Navy there are 23 promotions to petitive Category officers for appointment in f the Regular Army of the United States to the grade of rear admiral (lower half) (list the grade of brigadier general under the pro- begins with Stephen Hall Baker) (Reference INTRODUCTION OF BILLS AND visions of title 10, U.S.C., sections 611(a) and No. 234–1) JOINT RESOLUTIONS 624(c): **In the Naval Reserve there are 332 pro- motions to the grade of captain (list begins The following bills and joint resolu- To be brigadier general with John M. Abernathy III) (Reference No. tions were introduced, read the first Col. George J. Brown, 000–00–0000, United 257–1) and second time by unanimous con- States Army. *Captain John B. Padgett, III, USN to be sent, and referred as indicated: Col. Robert F. Griffin, 000–00–0000, United rear admiral (lower half) (Reference No. 275) By Mr. LIEBERMAN: States Army. **In the Navy there is 1 promotion to the S. 1368. A bill to provide for State regula- The following named officer for promotion grade of lieutenant commander (Robert W. tion of prices charged for services provided in the Regular Army of the United States to Ernst) (Reference No. 343–1) by, and routes of service of, motor vehicles the grade indicated under title 10, U.S.C., *Brigadier General John B. Hall, Jr., USAF that provide tow or wrecker services, and for sections 611(a) and 624(c): to be major general (Reference No. 426) other purposes; to the Committee on Armed To be brigadier general *In the Army there are 30 promotions to Services and the Committee on Commerce, Col. Bettye H. Simmons, 000–00–0000, the grade of major general (list begins with Science, and Transportation. United States Army. Robert W. Roper, Jr.) (Reference No. 533) By Mr. WELLSTONE: The following named officers for pro- **In the Navy there are 1,240 promotions to S. 1369. A bill to amend the Federal Food, motion in the Regular Army of the United the grade of lieutenant commander (list be- Drug, and Cosmetic Act to facilitate the de- States to the grade indicated, under the pro- gins with Timothy A. Adams) (Reference No. velopment, approval, and use of medical de- visions of title 10, United States Code, Sec- 623–1) vices to maintain and improve the public tions 611(a) and 624: **In the Navy there are 741 appointments health and quality of life of individuals, and to the grade of commander and below (list To be permanent major general for other purposes; to the Committee on begins with Albert M. Carden) (Reference No. Brig. Gen. Robert W. Roper, Jr., 000–00– Labor and Human Resources. 628–1) By Mr. CRAIG (for himself, Mr. DOLE, 0000. Total: 2,369. Mr. LOTT, Mr. BROWN, Mr. BURNS, Mr. Brig. Gen. Edward L. Andrews, 000–00–0000. * Rear Admiral Dennis C. Blair, USN to be CAMPBELL, Mr. FAIRCLOTH, Mr. FRIST, Brig. Gen. David K. Heebner, 000–00–0000. vice admiral (Reference No. 472) Mr. GRAMS, Mr. GRASSLEY, Mr. Brig. Gen. Morris J. Boyd, 000–00–0000. ** In the Air Force there are 2,360 pro- GREGG, Mr. HELMS, Mr. INHOFE, Mr. Brig. Gen. Robert R. Hicks, Jr., 000–00–0000. motions to the grade of major (list begins KEMPTHORNE, Mr. MURKOWSKI, Mr. Brig. Gen. Stewart W. Wallace, 000–00–0000. with Tarek C. Abboushi) (Reference No. 611) PRESSLER, Mr. SANTORUM, Mr. SHEL- Brig. Gen. James M. Wright, 000–00–0000. * Major General Brett M. Dula, USAF to be BY, Mr. SIMPSON, Mr. SMITH, Mr. STE- Brig. Gen. Charles W. Thomas, 000–00–0000. lieutenant general (Reference No. 639) VENS, and Mr. THOMAS): Brig. Gen. George H. Harmeyer, 000–00–0000. * Major General James F. Record, USAF to S. 1370. A bill to amend title 10, United Brig. Gen. John F. Michitsch, 000–00–0000. be lieutenant general (Reference No. 640) States Code, to prohibit the imposition of

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16422 CONGRESSIONAL RECORD — SENATE October 31, 1995 any requirement for a member of the Armed Two weeks ago I visited SpineTech, are promptly informed of any defi- Forces of the United States to wear indicia which is a perfect example of Min- ciencies in their application, that ques- or insignia of the United Nations as part of nesota’s burgeoning, world-famous tions that can be answered easily the military uniform of the member; to the medical device industry. It was formed would be addressed right away, and Committee on Armed Services. By Mr. HATCH (for himself, Mr. CRAIG, in 1991 with 4 people, funded by venture that applicants would be well-informed Mr. BENNETT, and Mr. BURNS): capital, and it now employs more than about the status of their application. I S. 1371. A bill entitled the ‘‘Snowbasin 40 people. It manufacturers a break- believe that improving communication Land Exchange Act of 1995’’; to the Com- through disc replacement technology between the FDA and industry would mittee on Energy and Natural Resources. which has been studied in clinical result in greater compliance with regu- By Mr. MCCAIN (for himself and Mr. trials for 3 years. The technology, used lations and that this will ultimately DOLE): for individuals with chronic low-back benefit consumers and patients. S. 1372. A bill to amend the Social Security pain, has been shown to result in short- Third, the legislation would help the Act to increase the earnings limit, and for er hospital stays, less invasive surgery other purposes; read the first time. FDA focus its resources more appro- and lower medical costs than the alter- priately. PMA supplements or 510(k)s f native therapy. that relate only to changes that can be SUBMISSION OF CONCURRENT AND SpineTech filed its premarket ap- shown to not adversely affect the safe- SENATE RESOLUTIONS proval application in January of this ty or effectiveness of the device would year. The application has not yet been The following concurrent resolutions not require premarket approval or no- accepted by the FDA and thus the pre- tification. Manufacturers would in- and Senate resolutions were read, and market approval process has not yet referred (or acted upon), as indicated: stead make information and data sup- even officially begun. The average porting the change part of the device By Mr. GRASSLEY (for himself, Mr. total elapsed time for FDA review of master record at the FDA. In addition, BIDEN, Mr. DOLE, Mr. D’AMATO, Mr. PMA applications is now about 823 the FDA would be able to exempt from MURKOWSKI, Mr. HATCH, Mr. ABRA- days. The technology has been avail- HAM, Mr. HELMS, Mr. PRESSLER, Mr. premarket notification requirements able in every other advanced industri- BRYAN, Mr. THURMOND, Mrs. FEIN- those class II devices for which such re- STEIN, Mr. NICKLES, Mr. COVERDELL, alized country for the past 2 years. quirements are unnecessary to ensure and Mr. STEVENS): The technologies that the FDA regu- the public health without first having S. Res. 189. A resolution to designate lates are changing rapidly. We cannot to go through the time consuming and Wednesday, November 1, 1995, as ‘‘National afford a regulatory system ill-equipped bureaucratic process of reclassifying Drug Awareness Day’’; considered and agreed to speed these advances. As a result, them to class I. Enabling the FDA to to. both Congress and the administration By Mr. WARNER (for himself and Mr. focus its attention where the real risks are reexamining the paradigms that are will not only streamline the ap- FORD): have governed the FDA. Our challenge S. Res. 190. A resolution to authorize the proval process but also benefit con- printing of a revised edition of the Senate will be to define FDA’s mission and sumers and patients. scope of responsibility, as well as to Election Law Guidebook; considered and Finally, I want to be clear that this agreed to. give guidance on an appropriate bal- ance between the risk and rewards of legislation is a work in progress. I look f streamlining all aspects of how FDA forward to working with Senator STATEMENTS ON INTRODUCED does its job—including the approval KASSEBAUM, the chairman of the Labor BILLS AND JOINT RESOLUTIONS process for breakthrough products. and Human Resources Committee, and my colleagues on the committee on the By Mr. WELLSTONE: The legislation that I will be intro- ducing would begin to address these ob- concepts included in my proposal. I S. 1369. A bill to amend the Federal jectives in three important ways. will work vigorously to ensure they are Food, Drug, and Cosmetic Act to facili- First, it would enable the FDA to included in any comprehensive FDA tate the development, approval, and adopt nationally and internationally legislation considered by the Senate use of medical devices to maintain and recognized performance standards to both this year and in the future. I look improve the public health and quality improve the transparency and effec- forward to continuing to work on these of life of individuals, and for other pur- tiveness of the device review process issues with Minnesotans and to press- poses; to the Committee on Labor and and promote global harmonization and ing ahead next year on whatever we Human Resource. interantional trade. Resource con- cannot accomplish this year. Clearly THE MEDICAL TECHNOLOGY, PUBLIC HEALTH, straints and the time-consuming rule- there are actions Congress can take to AND INNOVATION ACT OF 1995 making process have precluded FDA improve the FDA without scarificing Mr. WELLSTONE. Mr. President, the promulgation of performance standards the assurances of safety that all Amer- legislation I am introducing today in the past. This legislation would icans depend on. would take a significant and respon- allow the FDA, when appropriate, to Mr. President, I ask unanimous con- sible step toward improving the effec- simply adopt consensus standards that sent that the text of the bill be printed tiveness, timeliness, and predictability are already being used by most of the in the RECORD. of the FDA review process for medical world and use those standards to assist There being no objection, the bill was devices. in determining the safety and effec- ordered to be printed in the RECORD, as Over the past 9 months, I have met tiveness of class III medical devices. follows: with numerous representatives of Min- The FDA could require additional data nesota’s medical device industry, pa- from a manufacturer relevant to an as- S. 1369 tient advocacy groups, clinicians, and pect of a device covered by an adopted Be it enacted by the Senate and House of Rep- officials at the FDA and have con- performance standard if necessary to resentatives of the United States of America in cluded that there are indeed steps that protect patient safety. Currently, the Congress assembled, Congress should take to make the reg- lack of clear performance standards for ulatory process for medical devices class III medical devices is a barrier to SECTION 1. SHORT TITLE AND REFERENCE. more efficient. Minnesotans want the the improvement of the quality and (a) SHORT TITLE.—This Act may be cited as FDA not only to protect public health, timeliness of the premarket approval the ‘‘Medical Technology, Public Health, and but also to promote public health. process. Innovation Act of 1995’’. They want to know not only that new Second, it would improve commu- (b) REFERENCE.—Whenever in this Act an technologies will be safe, but that they nication between the industry and the amendment or repeal is expressed in terms of will be available to them in a timely FDA and the predictability of the re- an amendment to, or a repeal of, a section or manner. Many of Minnesota’s medical view process. I believe that these two other provision, the reference shall be con- device manufacturers, researchers, cli- factors are so important that I have sidered to be made to a section or other pro- vision of the Federal Food, Drug, and Cos- nicians, and patients in need of new even included what would usually be metic Act (21 U.S.C. 321 et seq.). and improved health care technology management decisions in the legisla- have become increasingly concerned tion. This bill includes provisions for SEC. 2. FINDINGS; MISSIONS STATEMENT. about the regulatory environment at periodic meetings betwen the applicant (a) FINDINGS.—The Congress finds the fol- the FDA. and the FDA to ensure that applicants lowing:

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16423 (1) While the United States appropriately formity of a class III device with a perform- respectively, if such standard defines per- puts a top priority on ensuring the safety ance standard established or adopted pursu- formance or other specifications for the de- and efficacy of medical technologies that are ant to paragraph (1) or (2), respectively, if vice, and the applicant certifies that the de- introduced into the marketplace the admin- the applicant submits data other than that vice conforms to the standard. istration of such regulatory effort is causing required by the performance standard to ‘‘(ii) The Secretary may require an appli- the United States to lose its leadership role demonstrate a reasonable assurance of the cant described in clause (i) to submit pre- in producing innovative, top-quality medical safety and effectiveness of the device. clinical data and information regarding a devices. ‘‘(4) The Secretary, in lieu of requiring class III device if additional information or (2) One of the key components of the med- data demonstrating the conformity of a class data are necessary to protect patient safety. ical device regulatory process that contrib- III device with a standard described in para- utes to the United States losing its leader- graph (1) and (2), shall accept certification ‘‘(C) The Secretary shall require an appli- ship role in medical device development is by the applicant that the device conforms cant who certifies that a device conforms to the inordinate amount of time it takes for with each standard identified in the applica- an applicable performance standard estab- medical technologies to be reviewed by the tion. lished or adopted under paragraph (1) or (2) United States Food and Drug Administra- ‘‘(5) The Secretary may revoke the per- of section 514(c), respectively to maintain tion. formance standards adopted under paragraph data demonstrating such conformance for a (3) The most important result of the (2). period of time that is equal to the period of United States losing its leadership role is ‘‘(6) A performance standard established time for the design and expected life of the that patients in the United States do not under this subsection for a device— device and to make the data available to the have access to new medical technology in a ‘‘(A) shall include provisions to provide Secretary upon request. timely manner. reasonable assurance of the safe and effec- ‘‘(D) The Secretary may deny, withdraw, (4) Delayed patient access to new tech- tive performance of the device; nology results in lost opportunities to save ‘‘(B) shall, where necessary to provide rea- or temporarily suspend approval of a pre- lives, to reduce hospitalization and recovery sonable assurance of the safe and effective market approval application for a class III time, and to improve the quality of life of performance of the device, include— device if— patients. ‘‘(i) provisions with respect to the con- ‘‘(i) the Secretary determines that the de- (5) The economic benefits that the United struction, components, ingredients, and vice does not conform to an applicable per- States medical device industry, which is properties of the device and the compat- formance standard (on which the applicant composed principally of smaller companies, ibility of the device with power systems and relied) established or adopted under para- has provided through growth in jobs and connections to the systems; graph (1) or (2) of section 514(c), respectively; global trade are threatened by the slow and ‘‘(ii) provisions for the testing (on a sample and unpredictable regulatory process at the Food basis or, if necessary, on an individual basis) ‘‘(ii) such conformance is considered by the and Drug Administration. of the device or, if it is determined that no Secretary to be material in approving the (6) The pace and predictability of the med- other more practicable means are available device. ical device regulatory process, together with to the Secretary to assure the conformity of ‘‘(4) The Secretary shall accept retrospec- a perceived adversarial relationship with the the device to the standard, provisions for the tive or historical clinical data as a control or Food and Drug Administration, are in part testing (on sample basis or, if necessary, on for use in determining whether there is a responsible for the increasing tendency of an individual basis) of the device by the Sec- reasonable assurance of device safety and ef- United States medical device companies to retary or by another person at the direction fectiveness if the data are available and the shift research, product development, and of the Secretary; effects of the device on disease progression manufacturing offshore, at the expense of ‘‘(iii) provisions for the measurement of are clearly defined and well understood. American jobs, patients, and leading edge the performance characteristics of the de- clinical research. vice; ‘‘(5) The Secretary may not require the (b) MISSION STATEMENT.—This legislation ‘‘(iv) provisions requiring that the results sponsor of an application to conduct clinical seeks to improve the timeliness, effective- of each or certain of the tests of the device trials for a device using randomized controls ness, and predictability of the medical device required to be made under clause (ii) dem- unless— approval process for the benefit of United onstrate that the device is in conformity ‘‘(A)(i) such controls are scientifically and States patients and the United States econ- with those portions of the standard for which ethically feasible; omy by— the test or tests were required; and ‘‘(ii) the effects of the device on disease (1) providing for the use of nationally and ‘‘(v) a provision requiring that the sale and progression are not clearly defined and well internationally recognized performance distribution of the device be restricted to the understood as determined by the Secretary; standards to assist the Food and Drug Ad- extent that the sale and distribution of the and ministration in determining the safety and device is restricted under a regulation under ‘‘(iii) retrospective or historical data are effectiveness of medical devices; section 520(e); and not available that meet the standards of the (2) facilitating communication between ‘‘(C) shall, where appropriate, require the Secretary for quality and completeness; or medical device companies and the Food and use and prescribe the form and content of la- ‘‘(B) such controls are necessary to support Drug Administration; beling for the proper installation, mainte- specific marketing claims. (3) redefining clinical testing requirements nance, operation, and use of the device.’’. ‘‘(6) The Secretary may not require in a to reflect the nature of device evolution; and SEC. 4. PREMARKET APPROVAL. supplement to a premarket approval applica- (4) targeting the use of Food and Drug Ad- (a) APPLICATION.—Section 515(c) (21 U.S.C. tion data from randomized clinical trials for ministration resources on those devices that 360e(c)) is amended— a modification to a device if— are likely to have serious adverse health (1) in paragraph (1)— ‘‘(A) the modification does not substan- consequences. (A) by striking subparagraph (D); and tially and adversely affect safety or effec- SEC. 3. PERFORMANCE STANDARDS. (B) by redesignating subparagraphs (E), tiveness; and Section 514 (21 U.S.C. 360d) is amended by (F), and (G) as subparagraphs (D), (E), and ‘‘(B) the modified device has the same in- adding at the end thereof the following new (F), respectively; and tended use and is intended for similar pa- subsection: (2) by adding at the end thereof the fol- tient populations as the approved device.’’. lowing new paragraphs: ‘‘ESTABLISHMENT AND ADOPTION OF OTHER (b) ACTION ON APPLICATION.—Section 515(d) ‘‘(3)(A) An applicant— STANDARDS ‘‘(i) shall include in an application de- (21 U.S.C. 360e(d)) is amended— ‘‘(c)(1) The Secretary— scribed in paragraph (1) an identifying ref- (1) in paragraph (1)(A), by striking ‘‘para- ‘‘(A) may establish pursuant to subsection erence to any applicable performance stand- graph (2) of this subsection’’ each place it ap- (b) performance standards to assist in deter- ard established or adopted under paragraph pears and inserting ‘‘paragraph (6)’’; mining the safety or effectiveness of class III (1) or (2) of section 514(c), respectively; and (2) by redesignating paragraphs (2) and (3) devices under section 515; and ‘‘(ii) shall include in the application— as paragraphs (6) and (7), respectively; and ‘‘(B) may amend or revoke the performance ‘‘(I) a certification by the applicant as de- (3) by inserting after paragraph (1) the fol- standards established under subparagraph scribed in section 514(c)(4), that the device lowing new paragraphs: (A). complies with the applicable performance ‘‘(2) Each premarket approval application ‘‘(2) The Secretary shall, within 365 days of standard; or and supplement received by the Secretary the date of enactment of this subsection, ‘‘(II) data to support the safety or effec- under subsection (c) shall be reviewed in the adopt performance standards established by tiveness of the device. following manner to achieve final action on nationally and internationally recognized ‘‘(B)(i) Except as provided in clause (ii), the application within 180 days of the receipt standard-setting entities and use the stand- the Secretary may not require an applicant of the application: ards when applicable to assist in determining who submits an application for premarket ‘‘(A) The Secretary shall make a deter- the safety and effectiveness of class III de- approval for a class III device under para- mination within 30 days of the receipt of an vices under section 515. graph (1) to submit preclinical data and in- application filed under subsection (c) of ‘‘(3) The Secretary may not require, as the formation regarding the device relevant to a whether the application satisfies the content condition for approving a premarket ap- performance standard established or adopted requirements of paragraphs (1) and (3) of sub- proval application under section 515, the con- under paragraph (1) or (2) of section 514(c), section (c) and applicable regulations, and

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16424 CONGRESSIONAL RECORD — SENATE October 31, 1995 the Secretary shall notify the applicant of information in determining when the 45-day, turer of a device to submit to the Secretary the determination and whether the applica- 90-day, 120-day and 150-day periods described of Health and Human Services any informa- tion has been accepted or has not been ac- in subparagraphs (B), (C), (D), and (E) expire. tion relied upon to support a device-related cepted for review for premarket approval. If ‘‘(3) To permit better treatment or better change that is not subject to premarket ap- the Secretary fails to notify the applicant diagnoses of life-threatening or irreversibly proval of a supplement to an application ap- within the 30-day period that the application debilitating diseases or conditions, the Sec- proved under section 515 of the Federal Food, is not sufficiently complete to permit a sub- retary shall expedite the review for devices— Drug, and Cosmetic Act (21 U.S.C. 360e). The stantive review, the application shall be con- ‘‘(A) representing breakthrough tech- information shall be made a part of the de- sidered as filed by the Secretary. nologies; ‘‘(B) The Secretary shall, within 45 days ‘‘(B) offering significant advantages over vice master record. The information shall be after the date of the acceptance of an appli- existing approved alternatives; or maintained for a period of time equal to the cation for review under subparagraph (A)— ‘‘(C) for which accelerated availability is period of time for the design and expected ‘‘(i) provide the applicant the opportunity in the best interest of the public health. life of the device, but not less than 2 years for a meeting (or teleconference) with the ‘‘(4)(A) The Secretary shall annually pub- after the date of release of the device for Secretary to— lish a status report on the premarket clear- commercial distribution by the manufac- ‘‘(I) inform the applicant of the general ance or approval of applications and other turer. progress and status of the application; device submissions. ‘‘(II) advise the applicant of deficiencies in ‘‘(B) The report described in subparagraph SEC. 5. PREMARKET NOTIFICATION REQUIRE- MENTS. the application that have not been commu- (A) shall include— nicated to the applicant. ‘‘(i) a specific statement from the Sec- (a) EXEMPTION FOR CLASS I AND II DE- The applicant shall have the right to be in- retary concerning the performance of the VICES.—Section 510 (21 U.S.C. 360) is amended formed in writing with respect to the infor- Food and Drug Administration in reducing by adding at the end thereof the following mation communicated to the applicant dur- the backlog in the reviewing of applications new subsection: ing the meeting or teleconference under sub- for premarket clearance or approval for a de- clauses (I) and (II). vice and meeting statutory time limitations ‘‘(l) Within 365 days of the date of enact- ‘‘(ii) determine whether an advisory panel applicable to the review of the applications; ment of this section, the Secretary shall ex- should be convened by the Secretary to re- ‘‘(ii) with respect to devices, data (which empt from the notification requirement view the application or to consider an issue shall be provided by the Center for Devices under subsection (k) class I and II devices related to the application. and Radiological Health and each division of that should not be subject to the notification ‘‘(C) The Secretary shall, within 90 days the Office of Device Evaluation of the Center requirement because such notification is not after the date of the acceptance of an appli- for Devices and Radiological Health) on— cation for review under subparagraph (A) necessary to provide a reasonable assurance ‘‘(I) the number of premarket approval ap- of the safety and effectiveness of the devices. provide an applicant the opportunity for a plications, supplements, premarket notifica- Prior to making such determination, the meeting (or teleconference) with the Sec- tions, and applications for investigational Secretary shall provide an opportunity for retary to— device exemptions, not accepted for filing by ‘‘(i) inform the applicant of the general the Secretary; notice and comment with respect to the ap- progress and status of the application; ‘‘(II) the total time (beginning on the date propriateness of the exemption for the class ‘‘(ii) review actions taken by the applicant of the filing of an application and ending on I and II devices.’’. to correct deficiencies identified at the 45- the date of the clearance or approval of the (b) LIMITATION ON NOTIFICATION.— day meeting described in subparagraph (B); application) required to review the pre- (1) IN GENERAL.—The Secretary of Health ‘‘(iii) advise the applicant of the defi- market approval applications, supplements, and Human Services shall not enforce the re- ciencies in the application that have not premarket notifications, and applications for been communicated to the applicant; and quirement for additional notifications under investigational device exemptions; ‘‘(iv) review the proposed labeling for the section 510(k) of the Federal Food, Drug, and ‘‘(III) the total time (excluding the time device. Cosmetic Act (21 U.S.C. 360(k)) for a change periods permitted for an applicant to prepare or modification to a device initially classi- The applicant shall have the right to be in- and submit to the Secretary responses or ad- fied under section 513(f) of the Federal Food, formed in writing with respect to the infor- ditional information or data requested by Drug, and Cosmetic Act (21 U.S.C. 360c(f)) mation communicated to the applicant dur- the Secretary) as calculated by the Food and that— ing the meeting or teleconference under Drug Administration to complete the review (A) is other than a major change or a clauses (i) through (iv). of each premarket approval application, sup- major modification in the intended use; ‘‘(D)(i) When an advisory panel is convened plement, premarket notification, and appli- (B) is supported by nonclinical data or in- under subparagraph (B)(ii) to review an ap- cation for investigational device exemption; formation, when appropriate; and plication or to consider an issue related to ‘‘(IV) the number of adverse decisions (C) can be shown to not adversely affect the application, the Secretary shall within 15 made with respect to the applications and the safety and effectiveness of the device. days after the close of the advisory panel supplements described in subclause (II); (2) MAINTENANCE OF NOTIFICATION DATA.— meeting provide the applicant the oppor- ‘‘(V) the number of nonapprovable letters The Secretary of Health and Human Services tunity for a meeting (or teleconference) with for device submissions; shall require the manufacturer of a device to the Secretary to identify any remaining ‘‘(VI) the number of deficiency letters for submit to the Secretary of Health and issues with respect to the approval of the ap- device submissions; Human Services all data and information re- plication. ‘‘(VII) the number of times applicants are lied upon to document that a change or ‘‘(ii) If an advisory panel is not convened required to supply information during the re- modification of a device described in para- under subparagraph (B)(ii), the Secretary view of an application or supplement de- shall, within 120 days after the date of the graph (1) does not require an additional noti- scribed in subclause (II); and acceptance of an application for review fication under section 510(k). The data and ‘‘(VIII) the performance of the actions de- under subparagraph (A), provide the appli- information shall be made a part of the de- scribed in paragraph (2), including perform- cant the opportunity for a meeting (or tele- vice master record. The data and informa- ance information with respect to the number conference) with the Secretary to— tion shall be maintained for a period of time of premarket approval applications that ‘‘(I) inform the applicant of the general equal to the period of time for the design and were or were not reviewed within the time progress and status of the application; expected life of the device, but not less than limitations described in such paragraph and ‘‘(II) review the actions taken to correct 2 years after the date of release of the device the time necessary to carry out each of the deficiencies identified in the application at for commercial distribution by the manufac- actions; and the 90-day meeting described in subpara- turer. ‘‘(iii) baseline data for the data described graph (C); and SEC. 6. INVESTIGATIONAL DEVICE EXEMPTION. ‘‘(III) advise the applicant of the defi- in subclauses (I) through (VII) of clause (ii) ciencies in the application that have not for the preceding year. (a) REGULATIONS.—Section 520(g) (21 U.S.C. been communicated to the applicant. ‘‘(5) The Secretary shall complete the re- 360j(g)) is amended— ‘‘(iii) The applicant shall have the right to view of all premarket approval supplements (1) by redesignating paragraphs (4) and (5) be informed in writing with respect to the that do not contain clinical data within 90 as paragraphs (5) and (6), respectively; and information communicated to the applicant days of the receipt of a supplement that has (2) by inserting after paragraph (3) the fol- during the meeting or teleconference under been accepted for filing.’’. lowing new paragraph: clauses (i) and (ii). (c) ELIMINATION OF PREMARKET APPROVAL ‘‘(4) The Secretary shall, within 120 days of ‘‘(E) The Secretary shall, within 150 days OF SUPPLEMENTS.—The Secretary of Health after the date of the acceptance of an appli- and Human Services shall eliminate pre- the date of enactment of this paragraph, by cation for review under subparagraph (A), market approval of supplements that relate regulation amending the content of part 812 notify the applicant of the decision of the to manufacturing and product changes of a of title 21 of the Code of Federal Regulations, Secretary to approve or disapprove the appli- device that can be demonstrated through ap- amend the procedures with respect to the ap- cation. propriate protocols or other methods to not proval of studies under this subsection as fol- ‘‘(F) The Secretary shall exclude the time affect adversely the safety or effectiveness of lows: that an applicant takes to respond to the a device. The Secretary of Health and ‘‘(A) The regulation shall include provi- Secretary’s requests for additional data or Human Services shall require the manufac- sions that require the Secretary to permit

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16425 the sponsor to meet with the Secretary prior 3 years and the terms of office of such mem- head of such department or agency shall fur- to the submission of an application to de- bers shall be staggered. nish such information to the Panel. velop a protocol for a study subject to the ‘‘(2) REAPPOINTMENT.—Each member of the ‘‘(m) POSTAL SERVICES.—The Panel may regulation, that require that the protocol Panel may be reappointed, but may not serve use the United States mails in the same shall be agreed upon in writing by the spon- more than 3 consecutive terms. manner and under the same conditions as sor and the Secretary, and that set forth a ‘‘(3) VACANCIES.—Any vacancy in the Panel time limitation for the sponsor to conduct a shall not affect the powers of the Panel and other departments and agencies of the Fed- followup of a study. shall be filled in the same manner as the eral Government. ‘‘(B) The regulation shall require the Sec- original appointment. ‘‘(n) DETAIL OF GOVERNMENT EMPLOYEES.— retary to permit developmental changes in ‘‘(d) ORGANIZATIONAL STRUCTURE.— Any Federal Government employee may be devices subject to the regulation in response ‘‘(1) IN GENERAL.—The Chairperson of the detailed to the Panel without reimburse- to information gathered during the course of Panel shall organize the Panel in a manner ment, and such detail shall be without inter- an investigation without requiring an addi- that will ensure that there is a portion of the ruption or loss of civil service status or tional approval of an application for an in- membership of the Panel monitoring the ac- privilege. vestigational device exemption, or the ap- tivities of each Center within the Food and proval of a supplement to the application, if Drug Administration. The membership of the ‘‘(o) PROCUREMENT OF TEMPORARY AND the changes meet the following require- Panel shall be composed of individuals with INTERMITTENT SERVICES.—The Chairperson of ments: expertise necessary to ensure appropriate re- the Panel may procure temporary and inter- ‘‘(i) The changes do not constitute a sig- view of the performance of each Center. mittent services under section 3109(b) of title nificant change in the design of the product ‘‘(2) DEFINITION.—For the purposes of this 5, United States Code, at rates for individ- or a significant change in basic principles of section, the term ‘Center’ means the Center uals which do not exceed the daily equiva- operation. for Devices and Radiological Health, Center lent of the annual rate of basic pay pre- ‘‘(ii) The changes do not adversely affect for Drug Evaluation and Research, Center scribed for level V of the Executive Schedule patient safety. for Biologics Evaluation and Research, Cen- under section 5316 of such title. The regulation shall require that such a ter for Food Safety and Applied Nutrition, ‘‘(p) TERMINATION OF THE PANEL.—The ter- change be documented in records the appli- Center for Veterinary Medicine, and Center cant is required to maintain with respect to for Toxicological Research. mination provisions of section 14 of the Fed- eral Advisory Committee Act (5 U.S.C. App.) the investigational device exemption. ‘‘(e) CHAIRPERSON AND VICE CHAIRPERSON.— ‘‘(C) The regulation shall provide for the The Secretary shall select a Chairperson and shall not apply to the Panel.’’. use of an investigational device for diagnosis Vice Chairperson from among the members or treatment use under a protocol or inves- of the Panel. By Mr. CRAIG (for himself, Mr. tigational device exemption if the following ‘‘(f) INITIAL MEETING.—Not later than 30 DOLE, Mr. LOTT, Mr. BROWN, requirements are met: days after the date on which all members of Mr. BURNS, Mr. CAMPBELL, Mr. ‘‘(i) The device is intended to treat or diag- the Panel have been appointed, the Panel FAIRCLOTH, Mr. FRIST, Mr. nose a serious or immediately life-threat- shall hold its first meeting. GRAMS, Mr. GRASSLEY, Mr. ening disease. ‘‘(g) MEETINGS.—The Panel shall meet at ‘‘(ii) There is no comparable or satisfac- the call of the Chairperson. GREGG, Mr. HELMS, Mr. INHOFE, tory device or other therapy available to ‘‘(h) QUORUM.—A majority of the members Mr. KEMPTHORNE, Mr. MUR- treat or diagnose that disease in the in- of the Panel shall constitute a quorum, but KOWSKI, Mr. PRESSLER, Mr. tended patient population. a lesser number of members may hold hear- SANTORUM, Mr. SHELBY, Mr. ‘‘(iii) The device is under investigation in a ings. SIMPSON, Mr. SMITH, Mr. STE- controlled clinical trial under an investiga- ‘‘(i) DUTIES.—The Panel shall— VENS, and Mr. THOMAS): tional device exemption in effect for the ‘‘(1) monitor the activities carried out by trial or all clinical trials for the device have the Secretary through the Commissioner of S. 1370. A bill to amend title 10, been completed. Food and Drugs; United States Code, to prohibit the im- ‘‘(iv) The sponsor of the controlled clinical ‘‘(2) review the performance of the Food position of any requirement for a mem- trial is actively pursuing marketing ap- and Drug Administration to determine if the proval of the investigational device with due ber of the Armed Forces of the United Food and Drug Administration is carrying diligence. States to wear indicia or insignia of out its mission to protect and promote the ‘‘(D) The regulation shall require the Sec- public health and is developing appropriate the United Nations as part of the mili- retary to consult with advisory panels, policy and effective regulations to carry out tary uniform of the member; to the which have the appropriate expertise, with its mission; Committee on Armed Services. respect to the establishment of an appro- ‘‘(3) review the performance of each Center priate time limitation for the conduct of a in accordance with subsection (d)(1); MILITARY UNIFORM LEGISLATION followup study by the sponsor of the study. ‘‘(4) meet at least twice annually with ap- (b) CONFORMING AMENDMENTS.—Section Mr. CRAIG. Mr. President, I am propriate management officials of the Food 517(a)(7) of the Federal Food, Drug, and Cos- pleased to be joining my colleague and Drug Administration and representa- metic Act (21 U.S.C. 360g(a)(7)) is amended— tives of each Center; from the House of Representatives, Ma- (1) by striking ‘‘section 520(g)(4)’’ and in- ‘‘(5) participate in the development of jority Whip TOM DELAY, in introducing serting ‘‘section 520(g)(5)’’; and agency guidelines; and (2) by striking ‘‘section 520(g)(5)’’ and in- legislation that will prohibit the re- serting ‘‘section 520(g)(6)’’. ‘‘(6) seek to facilitate the international quirement that members of the United harmonization of regulatory requirements, States Armed Forces wear United Na- SEC. 7. ESTABLISHMENT OF A POLICY AND PER- while ensuring that a product that is subject FORMANCE REVIEW PANEL. tions uniform items. to the provisions of this Act, and that is Chapter IX of the Federal Food, Drug, and marketed in the United States, is safe and Cosmetic Act (21 U.S.C. 901 et seq.) is amend- Mr. President, we have all been effective. ed by adding at the end thereof the following watching the reports as U.S. Army ‘‘(j) REPORT.—The Panel shall annually new section: Specialist Michael New has become a prepare and submit to the Committee on casualty of the debate over American ‘‘SEC. 906. POLICY AND PERFORMANCE REVIEW Commerce of the House of Representatives PANEL. and the Committee on Labor and Human Re- troops participating in U.N. operations. ‘‘(a) ESTABLISHMENT.—There is established sources of the Senate a report that evaluates a panel to be known as the Food and Drug In violating a lawful order issued the performance of the Food and Drug Ad- Policy and Performance Review Panel (here- through the U.S. Chain of Command, after referred to in this section as the ministration (including a description of the he will be held accountable under the ‘Panel’). activities that the Food and Drug Adminis- tration has successfully or unsuccessfully standards set by the U.S. Code of Mili- ‘‘(b) MEMBERSHIP.—The members of the tary Justice for refusing to wear a Panel shall be appointed by the Secretary in carried out) and includes a recommendation accordance with subsection (d)(1) and shall on the administrative modifications needed United Nations cap and shoulder patch. include— to improve such performance. Specialist New was to have been de- ‘‘(1) individuals with expertise in medical, ‘‘(k) HEARINGS.—The Panel may hold such hearings, sit and act at such times and ployed to participate in operation Able scientific, and health policy and regulatory Sentry in Macedonia, the stated pur- issues; places, take such testimony, and receive ‘‘(2) representatives of industry, voluntary such evidence as the Panel considers advis- pose of which is to observe the border health associations, and patient advocacy able to carry out the purposes of this Act. and discourage, by its presence, the groups; and ‘‘(l) INFORMATION FROM FEDERAL AGEN- spread of hostilities into Macedonia. ‘‘(3) representatives of the Food and Drug CIES.—The Panel may secure directly from The operations in Macedonia in Administration. any Federal department or agency such in- ‘‘(c) TERMS.— formation as the Panel considers necessary which the American forces are partici- ‘‘(1) IN GENERAL.—Each member of the to carry out the provisions of this Act. Upon pating are conducted under the aus- Panel shall serve for a term of not more than request of the Chairperson of the Panel, the pices of the United Nations. A

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16426 CONGRESSIONAL RECORD — SENATE October 31, 1995 Norwegian general officer currently sional approval before American troops and has been open for skiing since the expercises operations control over the could serve under foreign command, early 1940s. It is one of the world’s American task force Able Sentry. except when the President certifies it greatest areas for snow and winter While a U.N. commander has oper- is an emergency or that our national sports as evidenced by the recent deci- ational control, it is my understanding security is at risk. sion by the International Olympic that the command of the U.S. task Unfortunately, the amendment was Committee (IOC) to have Salt Lake force remains under the U.S. chain of defeated on a 33 to 65 vote. City host the 2002 Winter Olympic command. This issue remains unresolved. Games. It is precisely because of the Mr. President, on October 10, Army Therefore I also support hearings in IOC’s decision that this legislation is Specialist Michael New reported for the Senate Armed Services Committee necessary. duty without wearing the United Na- aimed at reviewing Specialist New’s tions shoulder patch and beret he and case and the proper role U.S. troops In 1985, a year after it purchased fi- his unit were issued to wear as part of should play in international military nancially plagued Snowbasin, the Sun their uniform while deployed in Mac- operations. Valley Company, recognized as an edonia. On October 17, Specialist New Mr. President, I would just urge my enviromentally sensitive manager of was charged for failure to obey a lawful colleagues to review the bill that I am its recreational lands, asked the Forest order in violation of article 92, Uniform introducing today in the greater con- Service to exchange 2,500 areas of land Code of Military Justice. text of this situation. We must not lose to improve the resort’s base facilities Mr. President, I would also note that sight of the fact that the men and and infrastructure. This request was Michael New will have legal represen- women who volunteered to serve in our initially reduced to 1,320. Five years tation and receive due process under Armed Forces, volunteered to defend later, after conducting an environ- these standards, as is extended to any the United States of America, not the mental impact statement and exten- military member who stands accused of United Nations. sive studies and public reviews, the violating military rules. The Army has Mr. President, I ask unanimous con- Forest Service decided to exchange ap- indicated to me that care will be taken sent that the text of the bill be printed proximately 700 acres. At the same to ensure military standards of justice in the RECORD. time, the Forest Service reached the and fairness prevail. There being no objection, the bill was The situation that has resulted from conclusions that the future success of ordered to be printed in the RECORD, as Snowbasin requires private ownership Specialist New’s actions has caused me follows: great concern. As one who feels very of lands at the base of the ski area and S. 1370 strongly about this Nation’s sov- that a land exchange was consistent ereignty and responsibilities placed on Be it enacted by the Senate and House of Rep- with the priorities established in the resentatives of the United States of America in 1985 Wasatch-Cache Land and Reserve our Armed Forces to protect and de- Congress assembled, fend this Nation, I find myself very Management Plan. SECTION 1. PROHIBITION ON REQUIREMENT FOR frustrated with what has happened. MEMBERS OF THE ARMED FORCES Unfortunately, since 1990 and despite Mr. President, my sympathy with his TO WEAR UNIFORM ITEMS OF THE the diligent efforts of both the Forest decision to refuse to wear the U.N. UNITED NATIONS. Service and the Sun Valley Company, patch and hat does not change the fact (a) IN GENERAL.—Chapter 45 of title 10, little progress has occurred toward the that we must abide by the standards United States Code, is amended by adding at exchange. I will not take the time to set by the Military Code of Conduct if the end the following: (a) IN GENERAL.—Chapter 45 of title 10. we are to assure order and fairness in detail these difficulties. However, my United States Code, is amended by adding at colleagues should know that the land the military. Our military must rely the end the following: on strict chain of command and order. exchange process has been long, tedi- ‘‘§ 777. Insignia of United Nations: prohibition ous, and very costly to all parties, par- That is without a doubt. on requirement for wearing However, the men and women who ticularly to Snowbasin. ‘‘No member of the armed forces may be have chosen to serve this Nation and required to wear as part of the uniform any Last June, Salt Lake City was se- the American people should not be put badge, symbol, helmet, headgear, or other lected as the site for the 2002 Winter in a position which forces them to bear visible indicia or insignia which indicates (or Olympic Games. Due to its rugged allegiance to any nation or organiza- tends to indicate) an allegiance or affiliation mountain terrain, gradient and tech- tion other than the United States of to or with the United Nations.’’. nical difficulty, Snowbasin has been (b) CLERICAL AMENDMENT.—The table of America. Michael New made the deci- identified as the venue for all Down- sion to serve in the Armed Forces in sections at the beginning of such chapter is hill, Combined Downhill, and Super G order to defend the United States, not amended by adding at the end the following: events for men and women. These high- the United Nations. Therefore, in order ‘‘777. Insignia of United Nations: prohibition ly popular races traditionally attract to resolve this situation. I am intro- on requirement for wearing.’’. ducing legislation that prevents any some of the largest Olympic audiences. By Mr. HATCH (for himself, Mr. member of the U.S. Armed Forces from The snail’s pace with which the ex- CRAIG, Mr. BENNETT, and Mr. being required to wear, as part of their change process has been moving has BURNS): military uniform, any insignia of the many people associated with United Nations. S. 1371. A bill entitled the Snowbasin and the Salt Lake City Mr. President, there is still another, ‘‘Snowbasin Land Exchange Act of Olympic Organizing Committee, in- broader issue that must be addressed, 1995’’; to the Committee on Energy and cluding myself, worried that and that is the use of U.S. forces under Natural Resources. Snowbasin will not be sufficiently pre- U.N. command. THE SNOWBASIN LAND EXCHANGE ACT OF 1995 pared to handle the Olympic skiing It is my understanding that except Mr. HATCH. Mr. President, I rise events and their accompanying crowds. today to introduce legislation to effec- for some expertise that was provided I am sure my colleagues can appre- by a limited number of American advi- tuate a land exchange at the ciate what it requires for a community sors, until the past 2 or 3 years, no Snowbasin Ski Resort located east of to prepare a venue to host any Olympic American troops had served in U.N. Ogden, Utah. Senators CRAIG, BENNETT, event. In the case of Snowbasin, these peacekeeping forces. In my view, the and BURNS are cosponsoring this legis- United States should not assume re- lation. pre-2002 activities include the installa- sponsibility for resolving every conflict Basically, the intent of this legisla- tion of chairlifts, construction of a that develops around the world. tion is simple. It directs the Secretary connector road, fencing and safety net- American combat troops are not, and of Agriculture to exchange 1,320 acres ting, additional ski runs, maintenance should not be used as ‘‘world police- of federally owned land within Utah’s buildings, new spectator and service men.’’ Cache National Forest for lands of ap- areas, parking lot expansion, restrooms Mr. President, I supported Senator proximately equal value owned by the and other items identified in Phase 1 of NICKLES’ amendment to the fiscal year Sun Valley Company, which owns the the Sun Valley Company’s Master Plan 1994 defense appropriations legislation Snowbasin Ski Resort. Snowbasin is lo- for Snowbasin. These activities must which would have required congres- cated 30 miles north of Salt Lake City be done in the near future and can be

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16427 nical Corrections Act. This legislation There is another side to the Milford case. more effectively and environmentally will clarify that it is not Congress’ in- Robert Bruno, owner of the service center, accomplished if done on private prop- tent to preempt state or local regula- says this was a very complicated operation erty. tions dealing with the operation of tow for which he had to rent expensive equip- In exchange for the forested acreage, ment. He said he had to winch the heavy pal- trucks. I would like to recognize the lets out of the truck with a rented low the Sun Valley Company will convey junior Senator from Washington who motor, then load them on rented flatbeds. four major parcels to the Forest Serv- introduced similar legislation in the Then he righted the tractor and trailer with- ice that have been previously identified 103d Congress, which, unfortunately, out damaging them. by the Forest Service as desirable for was not acted upon prior to adjourn- Bruno said he brought the cargo back to acquisition. These parcels are specifi- ment. his yard and unloaded it. Then, at the direc- cally listed in our legislation, and their Last year Congress passed the Fed- tion of the trucking company, he reloaded it combined acreage exceeds 4,000 acres. eral Aviation Administration Author- on the flatbeds and took it to a freight yard Obviously, this land possesses out- ization Act of 1994. The act included a with a loading dock, so it could be loaded standing recreational, wildlife, moun- provision in section 601 which effec- back on the trailer. tain, and access values for public use tively preempts state and local intra- He said he got the call at 11:30 a.m., and and enjoyment. The values of the Fed- state trucking regulations pertaining the last of his crew didn’t finish until mid- eral and non-federal lands involved in to prices, routes, and service. However, night. He said his real cost was almost this exchange will be determined by it was not Congress’ intention to legis- $14,000, but he decided to give the trucking utilizing nationally recognized ap- late on towing issues; and it has opened company a break, hoping for future business. praisal standards. Holt said he understood the job took 10 up myriad problems for the consumer, Mr. President, we in Utah are over- hours, and said he thought $1,000 an hour ex- leading to higher towing rates. joyed that the eyes of the world will be cessive. In Connecticut, towing rates have upon us, upon our mountains, and upon Not so, said Bruno. He said some operators the ‘‘Greatest Snow on Earth.’’ At the been deregulated; and tow operators would have gouged the trucking company same time, there is serious concern are free to charge as much as they and charged $20,000 for the job, but said he whether the facilities to support the want. Now, some may say that the didn’t. Bruno has released the trailer, but is Olympics can be constructed, tested for market should determine prices—and I still holding the tractor, until the dispute is safety, and become fully operational by agree—but in the towing market the resolved. Both sides have lawyers. 2002, especially when considering it will consumer has no other recourse, more If this doesn’t make the case that deregu- take three summer seasons to complete times than not, than to pay the tow lation is leading to overcharging, let’s go the development of Phase 1 of the truck operator after the vehicle has back to old reliable, a guy we can always Snowbasin Master Plan. Pursuit of a been towed. Safety concerns abound count on to hose the public, Bob Spillane of land exchange at Snowbasin through also. Especially when considering large Walnut Street Service Inc. of Hartford. the administrative process, and pos- tractor trailers that break down on On May 10, an ironworker named Pete sibly the courts, does not alleviate this interstate highways. Toner of Langdon, N.H., parked his Bronco concern and only exacerbates the prob- I have heard from many constituents in a private parking lot—never do that—at lems of timing and uncertainty. Legis- that deregulation is causing exorbitant the corner of Ashley and Garden streets and price increases in their towing rates. visited the Ashley Cafe. When he came out, lative action on Snowbasin places con- the car was gone. He then walked to the po- trol of this matter with the Congress, Again, this was not our intention when lice lockup at Morgan Street, finally learned rather than the courts, and will ensure we passed the Federal Aviation Admin- the car had been towed, called Spillane and that all aspects of the 2002 Winter istration Authorization Act of 1994. got no answer. This bill will keep towing charges in Olympic Games are in their proper When he got the Bronco the next day, the place once the world focuses on Salt line with market prices. bill was $139. He said Spillane didn’t answer Lake City. Plain and simple, Mr. President, de- his phone, then charged him for storage. The I urge my colleagues to carefully re- regulation is leading to overcharging. tow from the bar to Spillane’s garage is one view this legislation and the reasons My bill would let the States set towing block. This is an outrage, but at the moment why it is crucial that this proposal be rates. It would be beneficial for the motor vehicles officials say there’s nothing adopted during the 104th Congress. I consumer and beneficial for States. they can do about it (not that they ever did look forward to working with them to I ask unanimous consent to place in much about it in the past). achieve this goal. the RECORD excerpts from an article in On Jan. 1, a federal law went into effect Mr. BENNETT. Mr. President, as the Hartford Courant by Tom Condon, that prevents states or cities from regu- Utah prepares to host the 2002 Winter which addresses this problem. lating ‘‘price, route or service of any motor Olympics, I am pleased today to join carrier . . . or any motor carrier with re- There being no objection, the mate- spect to the transportation of property.’’ my colleague Senator HATCH in intro- rial was ordered to be printed in the State officials have interpreted this to mean ducing the Snowbasin Land Exchange RECORD, as follows: they can’t regulate towing rates. Act of 1995. Snowbasin Ski Resort, [From the Hartford Courant, Aug. 22, 1995] which is owned by Sun Valley Com- If a convervative is a liberal who’s been pany, will host both the men’s and DEREGULATING TOWING HAS LEFT PUBLIC ON mugged, an opponent of deregulation is someone who’s had to pay $139 after his car women’s downhill ski events. This land HOOK (By Tom Condon) was towed one block. If this idiotic law isn’t exchange will direct the Secretary to changed, government is going to have to get exchange 1,320 acres of Forest Service On Aug. 8, a tractor-trailer driver for Dick back into the towing business to keep the Lands within the Cache National For- Harris Trucking Co. of Lynchburg, Va., public from getting fleeced. We don’t want est for lands of approximate and equal pulled his rig off I–95 at Exit 34 in Milford. that.∑ value owned by Sun Valley Co. This He didn’t hit the narrow exit ramp just right, and the tractor and box gently rolled legislation is fundamental to the suc- over. f cess of the 2002 Winter Olympics. It is Police called Robert’s Service Center of a win-win situation for all parties in- Milford to clear the ramp. The trailer was ADDITIONAL COSPONSORS volved and I encourage my colleagues full of pallets of rolled steel. Robert’s crew to support this bill. winched the cargo out of the truck, righted S. 324 it, then towed everything away. By Mr. LIEBERMAN: What the owners of the truck aren’t happy At the request of Mr. WARNER, the S. 1373. A bill to provide for state reg- with is the towing bill, which is for $10,400. name of the Senator from Tennessee ulation of prices charged for services ‘‘It’s excessive, that’s the problem I have [Mr. THOMPSON] was added as a cospon- provided by, and routes of service of, with it,’’ said Bud Holt, vice president of the sor of S. 324, a bill to amend the Fair motor vehicles that provide tow or trucking company. Holt, who said he is a Labor Standards Act of 1938 to exclude wrecker services, and for other pur- former state trooper and insurance claims from the definition of employee fire- adjuster, said Robert’s billed some of the poses; to the Committee on Commerce, fighters and rescue squad workers who Science, and Transportation. workers at $60 an hour, which ‘‘is too much.’’ It doesn’t matter, Holt. Welcome to Con- perform volunteer services and to pre- THE TOWING TECHNICAL CORRECTION ACT necticut, where towing rates have been de- vent employers from requiring employ- ∑ Mr. LIEBERMAN. Mr. President, I regulated, and tow operators can charge as ees who are firefighters or rescue squad introduce an Intrastate Towing Tech- much as they want. workers to perform volunteer services,

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16428 CONGRESSIONAL RECORD — SENATE October 31, 1995 and to allow an employer not to pay the public and assisted housing pro- Whereas the American people have a con- overtime compensation to a firefighter grams of the United States, and to re- tinuing responsibility to combat illegal drug or rescue squad worker who performs direct primary responsibility for these use: Now, therefore, be it volunteer services for the employer, programs from the Federal Govern- Resolved, That the Senate designate Wed., and for other purposes. ment to States and localities, and for Nov. 1, 1995, as ‘‘National Drug Awareness Day’’. S. 581 other purposes. At the request of Mr. FAIRCLOTH, the S. 1271 Mr. GRASSLEY. Mr. President, in re- names of the Senator from South Caro- At the request of Mr. CRAIG, the cent weeks we have seen mounting evi- lina [Mr. THURMOND] and the Senator names of the Senator from Kansas dence that teenage drug use in this from Texas [Mrs. HUTCHISON] were [Mrs. KASSEBAUM] and the Senator country is on the increase after more added as cosponsors of S. 581, a bill to from Florida [Mr. MACK] were added as than a decade of decline. One of the amend the National Labor Relations cosponsors of S. 1271, a bill to amend principal reasons for this change is Act and the Railway Labor Act to re- the Nuclear Waste Policy Act of 1982. that we have lost the public message that drug use is wrong. As a result, a peal those provisions of Federal law S. 1274 new generation of America’s young that require employees to pay union At the request of Mr. LOTT, the name people are growing up without a clear dues or fees as a condition of employ- of the Senator from North Carolina message about the dangers of drug use. ment, and for other purposes. [Mr. FAIRCLOTH] was added as a cospon- This is not a situation that we can af- S. 837 sor of S. 1274, a bill to amend the Solid ford to let continue. The last time this At the request of Mr. WARNER, the Waste Disposal Act to improve man- happened, in the 1960’s and 1970’s, we names of the Senator from Arkansas agement of remediation waste, and for saw an epidemic of use that cost us [Mr. PRYOR], the Senator from Ne- other purposes. tens of thousands of lives. Now we see braska [Mr. KERREY], and the Senator S. 1344 teenage drug use on the rise again. Re- from Montana [Mr. BAUCUS] were added At the request of Mr. HEFLIN, the cent surveys confirm this disturbing as cosponsors of S. 837, a bill to require name of the Senator from Mississippi trend and indications are that data to the Secretary of the Treasury to mint [Mr. COCHRAN] was added as a cospon- be released in the next few days will coins in commemoration of the 250th sor of S. 1344, a bill to repeal the re- only confirm the worst fears. It is for anniversary of the birth of James quirement relating to specific statu- this reason that Senator DOLE and I Madison. tory authorization for increases in ju- held a press conference yesterday with S. 881 dicial salaries, to provide for auto- major family groups, including the Na- At the request of Mr. PRYOR, the matic annual increases for judicial sal- tional Family Partnership, National name of the Senator from Alabama aries, and for other purposes. Families in Action, CADCA, and [Mr. SHELBY] was added as a cosponsor f PRIDE, to draw attention to the prob- of S. 881, a bill to amend the Internal lems of returning teen drug use and the SENATE RESOLUTION 189— Revenue Code of 1986 to clarify provi- dangerous normalization of this use NATIONAL DRUG AWARENESS DAY sions relating to church pension ben- you can now see and hear on TV, in the efit plans, to modify certain provisions Mr. GRASSLEY (for himself, Mr. movies, and in rock music. For this relating to participants in such plans, BIDEN, Mr. DOLE, Mr. D’AMATO, Mr. reason I am submitting a Senate reso- to reduce the complexity of and to MURKOWSKI, Mr. HATCH, Mr. ABRAHAM, lution, cosponsored by over a dozen bring workable consistency to the ap- Mr. HELMS, Mr. PRESSLER, Mr. BRYAN, members, to declare November 1, 1995, plicable rules, to promote retirement Mr. THURMOND, Mrs. FEINSTEIN, Mr. National Drug Awareness Day. It is im- savings and benefits, and for other pur- NICKLES, Mr. COVERDELL, and Mr. STE- portant that we all recognize the im- poses. VENS) submitted the following resolu- portance of the issue. We need to renew S. 939 tion; which was considered and agreed our commitment to fighting drug use, At the request of Mr. SMITH, the to: to prevent a new generation from be- name of the Senator from South Da- S. RES. 189 coming victims of those who would kota [Mr. PRESSLER] was added as a co- Whereas illegal drug use among the youth mislead them into believing that drug sponsor of S. 939, a bill to amend title of America is on the increase; use is just an alternative lifestyle with 18, United States Code, to ban partial- Whereas illegal drug use is a major health no adverse consequences. Drugs kill, birth abortions. problem, ruining thousands of lives and cost- they maim, they ruin lives, they crip- ing billions of dollars; S. 1043 Whereas illegal drug use contributes to ple potential. We saw what happened At the request of Mr. STEVENS, the crime on the streets and in the homes of this when we ignored the problem once. We name of the Senator from Wyoming nation; cannot let this happen again. [Mr. THOMAS] was added as a cosponsor Whereas national attention has turned of S. 1043, a bill to amend the Earth- from illegal drug use to other issues, and f quake Hazards Reduction Act of 1977 to support for sustained programs has de- creased; provide for an expanded Federal pro- SENATE RESOLUTION 190—TO AU- gram of hazard mitigation, relief, and Whereas public awareness and sustained programs are essential to combat an on- THORIZE THE PRINTING OF A insurance against the risk of cata- going social problem; REVISED EDITION OF THE SEN- strophic natural disasters, such as hur- Whereas the answer to the illegal drug ATE ELECTION LAW GUIDEBOOK ricanes, earthquakes, and volcanic problem lies in America’s communities, with eruptions, and for other purposes. local people involved in grass roots activities Mr. WAGNER (for himself and Mr. ORD S. 1253 to keep their communities safe and drug F ) submitted the following resolu- free, and in encouraging personal responsi- tion; which was considered and agreed At the request of Mr. ABRAHAM, the bility; to: name of the Senator from Georgia [Mr. Whereas the annual Red Ribbon Celebra- S. RES. 190 COVERDELL] was added as a cosponsor tion, coordinated by the National Family of S. 1253, a bill to amend the Con- Partnership and involving over 80,000,000 Resolved, That the Committee on Rules and trolled Substances Act with respect to Americans in prevention activities each Administration is directed to prepare a re- penalties for crimes involving cocaine, year, commemorates the sacrifices of people vised edition of the Senate Election Law and for other purposes. on the front lines in the war against illegal Guidebook, Senate Document 103–13, and drug use; that such document shall be printed as a S. 1260 Whereas substance abuse prevention, law Senate document. ACK At the request of Mr. M , the name enforcement, international narcotics con- SEC. 2. There shall be printed 600 additional of the Senator from New Mexico [Mr. trol, and community awareness efforts con- copies of the document specified in section 1 DOMENICI] was added as a cosponsor of tribute to preventing young people from of this resolution for the use of the Com- S. 1260, a bill to reform and consolidate starting illegal drug use; and mittee on Rules and Administration.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16429 AMENDMENTS SUBMITTED (C) the promoter has, in accordance with (C) each personal identification number as- this subsection, provided— signed to the boxer by a boxing registry cer- (i) for a physical examination of each tified by the Association of Boxing Commis- boxer who participates in the professional sioners. THE PROFESSIONAL BOXING boxing match by a licensed practicing physi- (2) RENEWAL.—Each professional boxer SAFETY ACT cian, to ensure that each such boxer is phys- shall renew his or her identification card at ically fit to compete in the boxing match; least once every 3 years. and (3) PRESENTATION.—Each professional MCCAIN (AND OTHERS) (ii)(I) for an ambulance to be continuously boxer shall present his or her identification AMENDMENT NO. 3039 present at the site of the boxing match; or card to the appropriate State boxing com- (II) if applicable, notice in accordance with mission or private organization that carries Mr. SMITH (for Mr. MCCAIN, for him- paragraph (2); and out a contract described in section 4(b) not self, Mr. BRYAN, and Mr. ROTH) pro- (D) the State boxing commission has estab- later than the time of the weigh-in for a pro- posed an amendment to the bill (S. 187) lished procedures to carry out sections 5 fessional boxing match. through 8. to provide for the safety of journeymen ELATION TO TATE AW (2) AMBULANCE SERVICE.— (c) R S L .—Nothing in boxers, and for other purposes; as fol- (A) IN GENERAL.—In any case in which an this section shall be construed as preventing lows: applicable State law does not require that an a State from applying additional registra- Strike all after the enacting clause and in- ambulance be continuously present in the tion requirements. immediate vicinity of a professional boxing sert the following: SEC. 6. REVIEW. match, if the promoter for that boxing SECTION 1. SHORT TITLE. match does not choose to provide for such an Each State boxing commission and each This Act may be cited as the ‘‘Professional ambulance, the promoter shall, not later private organization that carries out a con- Boxing Safety Act of 1995’’. than 24 hours before that boxing match, no- tract described in section 4(b) shall establish SEC. 2. DEFINITIONS. tify the nearest available ambulance service procedures— For purposes of this Act, the following (including any appropriate emergency med- (1) to evaluate the professional records of definitions shall apply: ical service) of that boxing match. each boxer participating in a boxing match (1) BOXER.—The term ‘‘boxer’’ means a per- (B) COSTS.—The promoter for a profes- in the State; son who participates in a professional boxing sional boxing match shall pay the cost of (2) to ensure that no boxer is permitted to match. any ambulance service provided in conjunc- box while under suspension from any State (2) LICENSEE.—The term ‘‘licensee’’ means tion with the conduct of that boxing match. boxing commission due to injury or other an individual who serves as a trainer, second, (b) REQUIREMENTS FOR PRIVATIZATION.— medical-related reason, including— or cut man for a professional boxer. (1) MONITORING AND EVALUATION.—If a (A) a recent knockout, injury, or require- (3) MANAGER.—The term ‘‘manager’’ means State enters into a contract with a private ment for a medical procedure; a person or business that helps arrange pro- organization to carry out the duties of a (B) failure of a drug test; fessional boxing matches for a boxer, and State boxing commission specified in this (C) poor boxing skills, or the inability to that serves as an advisor or representative of Act, the State shall provide for— safely compete; or a boxer in a professional capacity. (A) continual monitoring of the activities (D) the use of false aliases, or falsifying, or (4) MATCHMAKER.—The term ‘‘match- of the private organization that are the sub- attempting to falsify, official identification maker’’ means a person or business that pro- ject of the contract; and cards or documents; and poses, selects, and arranges the boxers to (B) regular evaluations by the State of the (3) to ensure that if such commission (or activities referred to in subparagraph (A). participate in a professional boxing match. private organization) is considering permit- (2) CANCELLATION OF PROFESSIONAL BOXING (5) PROFESSIONAL BOXING MATCH.—The term ting a boxer, promoter, manager, or other li- MATCHES.—If a State enters into a contract ‘‘professional boxing match’’— censee to participate in a professional boxing with a private organization under paragraph (A) means a boxing contest held in the match while the individual is under suspen- (1), notwithstanding that contract, the chief United States between individuals for com- sion from any State for any reason other administrative officer of that State may pensation or a prize; and than a reason listed in paragraph (2), such cancel a professional boxing match without (B) does not include any amateur boxing commission (or private organization) shall consulting the private organization if that match. notify and consult with the chief administra- chief administrative officer determines (6) PROMOTER.—The term ‘‘promoter’’ tive officer of the State that ordered the sus- that— means a person or business that organizes, pension prior to the grant of approval for (A) the private organization is not per- holds, advertises, or otherwise conducts a such individual to participate in that profes- forming the obligations of that organization professional boxing match. sional boxing match. that are specified in the contract in a man- (7) STATE BOXING COMMISSION.—The term ‘‘State boxing commission’’ means a State ner that is satisfactory to the chief adminis- SEC. 7. INSURANCE. trative officer; or agency with authority to regulate profes- Each State, acting through the State box- sional boxing. (B) the cancellation of the professional boxing match is necessary to protect public ing commission of the State or private orga- SEC. 3. PURPOSES. health, safety, or welfare. nization that carries out the regulation of The purposes of this Act are— SEC. 5. REGISTRATION. professional boxing matches for that State (1) to improve and expand the system of (a) REQUIREMENTS.—Each professional (if the State has in effect a contract de- safety precautions that protects the welfare boxer shall register with— scribed in section 4(b) with that private or- of professional boxers; and (1) the State boxing commission of the ganization), shall require that a promoter (2) to assist State boxing commissions to State in which such boxer resides (or if the provide insurance coverage, in an amount de- provide proper oversight for the professional State has in effect a contract with a private termined by the appropriate State official or boxing industry in the United States. organization described in section 4(b), that entity, for each boxer who participates in a SEC. 4. PROFESSIONAL BOXING MATCHES. private organization); or professional boxing match that the promoter (a) IN GENERAL.— (2) in the case of a boxer who is a resident is involved in conducting to cover an injury (1) REQUIREMENTS.—Subject to subsection of a foreign country, or a State in which sustained while engaged in that match. (b), a professional boxing match may be held there is no State boxing commission and in in the United States only if— which no private organization is carrying SEC. 8. REPORTING. (A)(i) the State in which the professional out the duties of a State boxing commission (a) BOXING MATCH RESULTS.—Not later boxing match is to be held has a State box- pursuant to a contract described in section than 48 business hours (excluding Saturdays ing commission; 4(b), the State boxing commission of any and Sundays) after the conclusion of a pro- (ii) the State has entered into a contract State that has such a commission or a pri- fessional boxing match, the results of such with a private organization to carry out the vate organization that carries out a contract boxing match shall be reported— duties of a State boxing commission in ac- described in section 4(b). (1) to each professional boxing registry cer- cordance with the applicable requirements of (b) IDENTIFICATION CARD.— tified by the Association of Boxing Commis- this Act; or (1) ISSUANCE.—A State boxing commission sions; and (iii) the promoter who seeks to put on a or a private organization that carries out a (2) to the Florida State Athletic Commis- professional boxing match in a State that contract described in section 4(b) shall issue sion. does not have a boxing commission has en- to each professional boxer who registers in tered into an agreement with the chief ad- accordance with subsection (a), an identi- (b) SUSPENSIONS.—Not later than 48 busi- ministrative officer of a State that has a fication card that contains— ness hours (excluding Saturdays and Sun- boxing commission to oversee the boxing (A) a recent photograph of the boxer; days) after a State boxing commission orders match; (B) the social security number of the boxer the suspension of a boxer, promoter, or man- (B) a licensed practicing physician, whose (or, in the case of a foreign boxer, any simi- ager, such suspension shall be reported— services are paid by the promoter, is con- lar citizen identification number or profes- (1) to each professional boxing registry cer- tinuously present at the ringside of the pro- sional boxer number from the country of res- tified by the Association of Boxing Commis- fessional boxing match; idence of the boxer); and sions; and

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16430 CONGRESSIONAL RECORD — SENATE October 31, 1995 (2) to the Florida State Athletic Commis- and to improve the safety and integrity of SECTION 1. CORRECTION TO POKAGON RES- sion. professional boxing as a sport, the Attorney TORATION ACT. (c) ALTERNATE REPORTING ENTITY.—If the General of the United States shall consult Section 9 of the Act entitled ‘‘An Act to re- with— State of Florida ceases, for any reason, to store Federal services to the Pokagon Band publish and circulate a national suspension (1) the appropriate official of the Associa- of Potawatomi Indians’’ (25 U.S.C. 1300j–7a) list at no cost to other States on a frequent tion of Boxing Commissions; basis, the Association of Boxing Commis- (2) tribal organizations (as that term is de- is amended— (1) by striking ‘‘Bands’’ each place it ap- sions shall select a different public or pri- fined in section 4(l) of the Indian Self-Deter- pears and inserting ‘‘Band’’; vate entity to voluntarily undertake to com- mination and Education Assistance Act (25 (2) in subsection (a), by striking ‘‘respec- pile and circulate a suspension list to all U.S.C. 450b(l)) that regulate professional box- tive’’; and State boxing commissions at no cost to the ing matches; and (3) in subsection (b)— States. (3) private organizations that assist in the regulation of professional boxing matches. (A) in paragraph (1)— SEC. 9. ENFORCEMENT. SEC. 12. PENSION STUDY. (i) in the first sentence— (a) INJUNCTIONS.—Whenever a United (I) by striking ‘‘membership rolls that con- (a) IN GENERAL.—The Secretary of Labor States Attorney in a State has reasonable shall conduct a study on the feasibility and tain’’ and inserting ‘‘a membership roll that cause to believe that a person or entity is en- cost of a national pension system for profes- contains’’; and gaged in a violation of this Act in such sional boxers, including potential funding (II) by striking ‘‘in such’’ and inserting ‘‘in State, the United States Attorney may bring sources. the’’; and a civil action in the appropriate district (b) REPORT.—Not later than 180 days after (ii) in the second sentence, by striking court of the United States requesting such the date of enactment of this Act, the Sec- ‘‘Each such’’ and inserting ‘‘The’’; relief, including a permanent or temporary retary of Labor shall submit a report to the (B) in paragraph (2)— injunction, restraining order, or other order, Congress on the findings of the study con- (i) by striking ‘‘rolls have’’ and inserting against the person or entity, as the United ducted pursuant to subsection (a). ‘‘roll has’’; and (ii) by striking ‘‘such rolls’’ and inserting States Attorney determines to be necessary SEC. 13. PROFESSIONAL BOXING MATCHES CON- to restrain the person or entity from con- DUCTED ON INDIAN RESERVATIONS. ‘‘such roll’’; tinuing to engage in, or to sanction, a profes- (a) DEFINITIONS.—For purposes of this sec- (C) in the heading for paragraph (3), by sional boxing match in violation of this Act. tion, the following definitions shall apply: striking ‘‘ROLLS’’ and inserting ‘‘ROLL’’; and (b) CRIMINAL PENALTIES.— (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (D) in paragraph (3), by striking ‘‘rolls are (1) MANAGERS, PROMOTERS, MATCHMAKERS, has the same meaning as in section 4(e) of maintained’’ and inserting ‘‘roll is main- AND LICENSEES.—Each manager, promoter, the Indian Self-Determination and Edu- tained’’. matchmaker, and licensee who knowingly cation Assistance Act (25 U.S.C. 450b(e)). SEC. 2. CORRECTION TO ODAWA AND OTTAWA and willfully violates any provision of this (2) RESERVATION.—The term ‘‘reservation’’ RESTORATION ACT. Act shall, upon conviction, be imprisoned for means the geographically defined area over not more than 1 year or fined not more than which a tribal organization exercises govern- (a) REAFFIRMATION OF RIGHTS.—The head- $20,000, or both. mental jurisdiction. ing of section 5(b) of the Little Traverse Bay (2) BOXERS.—Any professional boxer who (3) TRIBAL ORGANIZATION.—The term ‘‘trib- Bands of Odawa and the Little River Band of knowingly and willfully violates any provi- al organization’’ has the same meaning as in Ottawa Indians Act (25 U.S.C. 1300k–3) is sion of this Act shall, upon conviction, be section 4(l) of the Indian Self-Determination amended by striking ‘‘TRIBE’’ and inserting fined not more than $1,000. and Education Assistance Act (25 U.S.C. ‘‘BANDS’’. (c) DESIGNATED UNITED STATES ATTOR- 450b(l)). NEY.—The Attorney General of the United (b) REQUIREMENTS.— (b) MEMBERSHIP LIST.—Section 9 of the Lit- States shall, for each State, designate a (1) IN GENERAL.—Notwithstanding any tle Traverse Bay Bands of Odawa and the United States Attorney that has an office in other provision of law, a tribal organization Little River Band of Ottawa Indians Act (25 that State, to serve, in consultation with the of an Indian tribe may, upon the initiative of U.S.C. 1300k–7) is amended— State boxing commission of that State (or, the tribal organization— (1) in subsection (a)— in the absence of a State boxing commission, (A) regulate professional boxing matches (A) by striking ‘‘Band’’ the first place it the appropriate official of the Association of held within the reservation under the juris- appears and inserting ‘‘Bands’’; and Boxing Commissions)— diction of that tribal organization; and (B) by striking ‘‘the Band.’’ and inserting (1) as a liaison to respond to allegations (B) carry out that regulation or enter into ‘‘the respective Bands.’’; and concerning violations of this Act; and a contract with a private organization to (2) in subsection (b)(1)— (2) as a coordinator for any enforcement carry out that regulation. (A) in the first sentence, by striking ‘‘the activity conducted pursuant to this Act that (2) STANDARDS AND LICENSING.—If a tribal Band shall submit to the Secretary member- is carried out by any United States Attorney organization regulates boxing matches pur- ship rolls that contain the names of all indi- in that State. suant to paragraph (1), the tribal organiza- viduals eligible for membership in such tion shall, by tribal ordinance or resolution, SEC. 10. NOTIFICATION OF DESIGNATED UNITED Band’’ and inserting ‘‘each of the Bands shall STATES ATTORNEY. establish and provide for the implementation submit to the Secretary a membership roll of health and safety standards, licensing re- Each promoter that intends to hold a pro- that contains the names of all individuals quirements, and other requirements relating fessional boxing match in a State that does that are eligible for membership in such to the conduct of professional boxing not have a State boxing commission shall, Band’’; and matches that are at least equivalent to— not later than 14 days before the intended (B) in the second sentence, by striking (A) the otherwise applicable standards and date of that event, provide written notifica- ‘‘The Band, in consultation’’ and inserting requirements of each State in which the res- tion to the United States Attorney des- ‘‘Each such Band, in consultation’’. ervation is located; or ignated under section 9(c) for that State. (B) if no State in which the reservation is SEC. 3. FEDERAL EMPLOYEES CONTRACTING OR That notification shall contain— located has established any such standard or TRADING WITH INDIANS. (1) assurances that, with respect to that requirement— boxing match, all applicable requirements of (a) REPEAL.—Section 437 of title 18, United (i) the standards and requirements of any this Act will be met; States Code, is repealed. other State that has established a State box- (2) the name, State of residence, and tele- ing commission that carries out the require- (b) CONFORMING AMENDMENT.—The table of phone number of the official of a State box- ments of this Act; or sections at the beginning of chapter 23 of ing commission of another State who will (ii) the most recently published version of oversee the match pursuant to an agreement title 18, United States Code, is amended by the recommended regulatory guidelines described in section 4(a)(1)(A)(iii); striking the item relating to section 437. issued by the Association of Boxing Commis- (3) the name of any individual who, at the sions. (c) EFFECTIVE DATE.—The repeal made by time of the submission of the notification— subsection (a) shall— (A) is under suspension from a State box- f (1) take effect on the date of enactment of ing commission; and this Act; and (B) will be involved in organizing or par- THE TECHNICAL CORRECTIONS ACT OF 1995 (2) apply with respect to any contract ob- ticipating in the event; and tained, and any purchase or sale occurring, (4) with respect to any individual listed on or after the date of enactment of this Act. under paragraph (3), the State boxing com- mission to which a suspension described in McCAIN AMENDMENT NO. 3040 SEC. 4. INDIAN DAMS SAFETY ACT OF 1994. paragraph (3)(A) is in effect. Mr. SMITH (for Mr. MCCAIN) pro- Section 4(h) of the Indian Dams Safety Act SEC. 11. CONSULTATION WITH STATE BOXING OF- posed an amendment to the bill (S. 325) of 1994 (108 Stat. 1562) is amended by striking FICIALS BY THE ATTORNEY GEN- ERAL. to make certain technical corrections ‘‘(under the Indian Self-Determination and Not later than 1 year after the date of en- in laws relating to native Americans, Education Assistance Act (25 U.S.C. 450b(e)), actment of this Act, and annually thereafter, and for other purposes; as follows: as amended,’’ and inserting ‘‘under the In- to exchange information concerning the im- Strike all after the enacting clause and in- dian Self-Determination and Education As- plementation and enforcement of this Act sert the following: sistance Act (25 U.S.C. 450 et seq.)’’.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16431 SEC. 5. PASCUA YAQUI INDIANS OF ARIZONA. (2) in subsection (b), by striking ‘‘section (iii) by striking the period at the end of Section 4(b) of the Act entitled ‘‘An Act to 104’’ and inserting ‘‘section 204’’. clause (iv) and inserting ‘‘; or’’; and provide for the extension of certain Federal (b) INTERIM GOVERNMENT.—The last sen- (iv) by adding at the end the following new benefits, services, and assistance to the tence of section 206 of the Auburn Indian clause: Pascua Yaqui Indians of Arizona, and for Restoration Act (25 U.S.C. 1300l–4) is amend- ‘‘(v) in an academic setting (including a other purposes’’ (25 U.S.C. 1300f–3(b)) is ed by striking ‘‘Interim council’’ and insert- program that receives funding under section amended by striking ‘‘Pascua Yaqui tribe’’ ing ‘‘Interim Council’’. 102, 112, or 114, or any other academic setting and inserting ‘‘Pascua Yaqui Tribe’’. SEC. 11. CROW BOUNDARY SETTLEMENT ACT OF that the Secretary, acting through the Serv- SEC. 6. INDIAN LANDS OPEN DUMP CLEANUP ACT 1994. ice, determines to be appropriate for the pur- OF 1994. (a) ENFORCEMENT.—Section 5(b)(3) of the poses of this clause) in which the major du- Section 3(7) of the Indian Lands Open Crow Boundary Settlement Act of 1994 (108 ties and responsibilities of the recipient are Dump Cleanup Act of 1994 (108 Stat. 4165) is Stat. 4636) is amended by striking ‘‘provi- the recruitment and training of Indian amended by striking ‘‘under section 6944 of sions of subsection (b)’’ and inserting ‘‘provi- health professionals in the discipline of that the Solid Waste Disposal Act (42 U.S.C. 6941 sions of this subsection’’. recipient in a manner consistent with the et seq.)’’ and inserting ‘‘under section 4004 of (b) APPLICABILITY.—Section 9 of the Crow purpose of this title, as specified in section the Solid Waste Disposal Act (42 U.S.C. Boundary Settlement Act of 1994 (108 Stat. 101.’’; 6944)’’. 4640) is amended by striking ‘‘The Act’’ and (B) by redesignating subparagraphs (B) and SEC. 7. AMERICAN INDIAN TRUST FUND MANAGE- inserting ‘‘This Act’’. (C) as subparagraphs (C) and (D), respec- MENT REFORM ACT OF 1994. (c) ESCROW FUNDS.—Section 10(b) of the tively; (a) MAINTENANCE OF RECORDS.—Section Crow Boundary Settlement Act of 1994 (108 (C) by inserting after subparagraph (A) the 303(c)(5)(D) of the American Indian Trust Stat. 4641) is amended by striking ‘‘(collec- following new subparagraph: tively referred to in this subsection as the Fund Management Reform Act of 1994 (108 ‘‘(B) At the request of any individual who Stat. 4247) is amended by striking ‘‘made ‘Suspension Accounts’)’’ and inserting ‘‘(col- has entered into a contract referred to in under paragraph (3)(B)’’ and inserting ‘‘made lectively referred to in this section as the under subparagraph (C)’’. ‘Suspension Accounts’)’’. subparagraph (A) and who receives a degree in medicine (including osteopathic or (b) ADVISORY BOARD.—Section 306(d) of the SEC. 12. TLINGIT AND HAIDA STATUS CLARIFICA- Indian Trust Fund Management Reform Act TION ACT. allopathic medicine), dentistry, optometry, (25 U.S.C. 4046(d)) is amended by striking The first sentence of section 205 of the podiatry, or pharmacy, the Secretary shall ‘‘Advisory Board’’ and inserting ‘‘advisory Tlingit and Haida Status Clarification Act defer the active duty service obligation of board’’. (25 U.S.C. 1215) is amended by striking ‘‘In- that individual under that contract, in order SEC. 8. INDIAN SELF-DETERMINATION AND EDU- dian tribes’’ and inserting ‘‘Indian Tribes’’. that such individual may complete any in- CATION ASSISTANCE ACT. SEC. 13. NATIVE AMERICAN LANGUAGES ACT. ternship, residency, or other advanced clin- (a) DEFINITIONS.—Section 4(j) of the Indian Section 103 of the Native American Lan- ical training that is required for the practice Self-Determination and Education Assist- guages Act (25 U.S.C. 2902) is amended— of that health profession, for an appropriate ance Act (25 U.S.C. 450b(j)) is amended by (1) in paragraph (2), by striking ‘‘under sec- period (in years, as determined by the Sec- striking ‘‘That except as provided the last tion 5351(4) of the Indian Education Act of retary), subject to the following conditions: proviso in section 105(a) of this Act,’’ and in- 1988 (25 U.S.C. 2651(4))’’ and inserting ‘‘under ‘‘(i) No period of internship, residency, or serting ‘‘That except as provided in para- section 9161(4) of the Improving America’s other advanced clinical training shall be graphs (1) and (3) of section 105(a),’’. Schools Act of 1994 (20 U.S.C. 7881(4))’’; and counted as satisfying any period of obligated (b) CARRYOVER FUNDING.—Section 8 of the (2) in paragraph (3), by striking ‘‘section service that is required under this section. Indian Self-Determination and Education 4009 of Public Law 100–297 (20 U.S.C. 4909)’’ ‘‘(ii) The active duty service obligation of Assistance Act (25 U.S.C. 13a) is amended by and inserting ‘‘section 9212(1) of the Improv- that individual shall commence not later striking ‘‘the provisions of section 106(a)(3)’’ ing America’s Schools Act of 1994 (20 U.S.C. than 90 days after the completion of that ad- and inserting ‘‘the provisions of section 7912(1))’’. vanced clinical training (or by a date speci- 106(a)(4)’’. SEC. 14. PONCA RESTORATION ACT. fied by the Secretary). (c) REPAYMENT OF FUNDS.—Section 5(d) of Section 5 of the Ponca Restoration Act (25 ‘‘(iii) The active duty service obligation the Indian Self-Determination and Edu- U.S.C. 983c) is amended— will be served in the health profession of cation Assistance Act (25 U.S.C. 450c(d)) is (1) by inserting ‘‘Sarpy, Burt, Platte, Stan- that individual, in a manner consistent with amended by striking ‘‘106(a)(3) of this Act’’ ton, Holt, Hall, Wayne,’’ before ‘‘Knox’’; and clauses (i) through (v) of subparagraph (A).’’; and inserting ‘‘106(a)(4)’’. (2) by striking ‘‘or Charles Mix County’’ (D) in subparagraph (C), as so redesignated, (d) SELF-DETERMINATION CONTRACTS.—The and inserting ‘‘, Woodbury or Pottawattomie by striking ‘‘prescribed under section 338C of first sentence of the flush material imme- Counties of Iowa, or Charles Mix County’’. the Public Health Service Act (42 U.S.C. diately following subparagraph (E) of section SEC. 15. YAVAPAI-PRESCOTT INDIAN TRIBE 254m) by service in a program specified in 102(a)(2) of the Indian Self-Determination WATER RIGHTS SETTLEMENT ACT subparagraph (A)’’ and inserting ‘‘described and Education Assistance Act (25 U.S.C. OF 1994. in subparagraph (A) by service in a program 450f(a)(2)) is amended by striking ‘‘the second Section 112(b) of the Yavapai-Prescott In- specified in that subparagraph’’; and sentence of this subsection’’ and inserting dian Tribe Water Rights Settlement Act of (E) in subparagraph (D), as so redesig- ‘‘the second sentence of this paragraph’’. 1994 (108 Stat. 4532) is amended by striking nated— (e) CONTRACT OR GRANT PROVISIONS AND ‘‘December 31, 1995’’ and inserting ‘‘June 30, (i) by striking ‘‘Subject to subparagraph ADMINISTRATION.—Section 105(a)(3)(C)(ii) of 1996’’. (B),’’ and inserting ‘‘Subject to subparagraph the Indian Self-Determination and Edu- SEC. 16. INDIAN HEALTH CARE IMPROVEMENT (C),’’; and cation Assistance Act (42 U.S.C. ACT. (ii) by striking ‘‘prescribed under section 450j(a)(3)(C)(ii)) is amended— (a) DEFINITION OF HEALTH PROFESSION.— 338C of the Public Health Service Act (42 (1) in subclause (VII), by striking ‘‘chapter Section 4(n) of the Indian Health Care Im- U.S.C. 254m)’’ and inserting ‘‘described in 483’’ and inserting ‘‘chapter 482’’; and provement Act (25 U.S.C. 1603(n)) is amend- (2) in subclause (IX), by striking ‘‘The subparagraph (A)’’; ed— (2) in paragraph (4)— Service Control Act of 1965’’ and inserting (1) by inserting ‘‘allopathic medicine,’’ be- ‘‘The Service Contract Act of 1965’’. (A) in subparagraph (B), by striking the fore ‘‘family medicine’’; and matter preceding clause (i) and inserting the (f) APPROVAL OF CONSTRUCTION CON- (2) by striking ‘‘and allied health profes- following: TRACTS.—Section 105(m)(4)(C)(v) of the In- sions’’ and inserting ‘‘an allied health profes- ‘‘(B) the period of obligated service de- dian Self-Determination and Education As- sion, or any other health profession.’’. sistance Act (25 U.S.C. 450j(m)(4)(C)(v)) is scribed in paragraph (3)(A) shall be equal to (b) INDIAN HEALTH PROFESSIONS SCHOLAR- amended by striking ‘‘sections 102(a)(2) and the greater of—’’; and SHIPS.—Section 104(b) of the Indian Health (B) in subparagraph (C), by striking ‘‘(42 102(b) of section 102’’ and inserting ‘‘sub- Care Improvement Act (25 U.S.C. 1613a(b)) is sections (a)(2) and (b) of section 102’’. U.S.C. 254m(g)(1)(B))’’ and inserting ‘‘(42 amended— U.S.C. 254l(g)(1)(B))’’; SEC. 9. INDIAN SELF-DETERMINATION CONTRACT (1) in paragraph (3)— (3) in paragraph (5), by adding at the end REFORM ACT OF 1994. (A) in subparagraph (A)— the following new subparagraphs: Section 102(11) of the Indian Self-Deter- (i) by striking the matter preceding clause mination Contract Reform Act of 1994 (108 (i) and inserting the following: ‘‘(C) Upon the death of an individual who Stat. 4254) is amended by striking ‘‘sub- ‘‘(3)(A) The active duty service obligation receives an Indian Health Scholarship, any section (e)’’ and inserting ‘‘subsection (e) of under a written contract with the Secretary obligation of that individual for service or section 105’’. under section 338A of the Public Health Serv- payment that relates to that scholarship SEC. 10. AUBURN INDIAN RESTORATION. ice Act (42 U.S.C. 254l) that an individual has shall be canceled. (a) ECONOMIC DEVELOPMENT.—Section 203 of entered into under that section shall, if that ‘‘(D) The Secretary shall provide for the the Auburn Indian Restoration Act (25 U.S.C. individual is a recipient of an Indian Health 1300l–1) is amended— Scholarship, be met in full-time practice, by partial or total waiver or suspension of any (1) in subsection (a)(2), by striking ‘‘as pro- service—’’; obligation of service or payment of a recipi- vided in section 107’’ and inserting ‘‘as pro- (ii) by striking ‘‘or’’ at the end of clause ent of an Indian Health Scholarship if the vided in section 207’’; and (iii); Secretary determines that—

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16432 CONGRESSIONAL RECORD — SENATE October 31, 1995 ‘‘(i) it is not possible for the recipient to pay all benefits owed by that insurance com- the boundaries of the corridor; S. 1020, meet that obligation or make that payment; pany or employee benefit plan in its capacity a bill to establish the Augusta Canal ‘‘(ii) requiring that recipient to meet that as such a provider; or National Heritage Area in the State of obligation or make that payment would re- ‘‘(2) otherwise hinders or prevents recovery Georgia; S. 1110, a bill to establish sult in extreme hardship to the recipient; or under subsection (a), including hindering the ‘‘(iii) the enforcement of the requirement pursuit of any claim for a remedy that may guidelines for the designation of Na- to meet the obligation or make the payment be asserted by a beneficiary or participant tional Heritage Areas; S. 1127, a bill to would be unconscionable. covered under subsection (a) under any other establish the Vancouver National His- ‘‘(E) Notwithstanding any other provision applicable Federal or State law.’’. toric Reserve; and S. 1190, a bill to es- of law, in any case of extreme hardship or for SEC. 17. REVOCATION OF CHARTER OF INCORPO- tablish the Ohio and Erie Canal Na- other good cause shown, the Secretary may RATION OF THE MINNESOTA CHIP- tional Heritage Corridor in the State of waive, in whole or in part, the right of the PEWA TRIBE UNDER THE INDIAN RE- Ohio. United States to recover funds made avail- ORGANIZATION ACT. able under this section. The request of the Minnesota Chippewa Because of the limited time available ‘‘(F) Notwithstanding any other provision Tribe to surrender the charter of incorpora- for the hearing, witnesses may testify of law, with respect to a recipient of an In- tion issued to that tribe on September 17, by invitation only. However, those dian Health Scholarship, no obligation for 1937, pursuant to section 17 of the Act * * *. wishing to submit written testimony payment may be released by a discharge in f for the hearing record should send two bankruptcy under title 11, United States copies of their testimony to the Sub- Code, unless that discharge is granted after NOTICES OF HEARINGS committee on Parks, Historic Preser- the expiration of the 5-year period beginning on the initial date on which that payment is SUBCOMMITTEE ON FORESTS AND PUBLIC LANDS vation, and Recreation, Committee on due, and only if the bankruptcy court finds Mr. CRAIG. Mr. President, I would Energy and Natural Resources, U.S. that the nondischarge of the obligation like to announce for the information of Senate, 364 Dirksen Senate Office would be unconscionable.’’. the Senate and the public that a hear- Building, Washington, DC 20510–6150. (c) REIMBURSEMENT FROM CERTAIN THIRD ing has been scheduled before the Sub- For further information, please con- PARTIES OF COSTS OF HEALTH SERVICES.— committee on Forests and Public tact Jim O’Toole of the subcommittee Section 206 of the Indian Health Care Im- Lands to consider five miscellaneous provement Act (16 U.S.C. 1621e) is amended— staff at (202) 224–5161. (1) in subsection (a)— land bills. The first is S. 901, to amend (A) in the matter preceding paragraph (1)— the Reclamation Projects Authoriza- f (i) by striking ‘‘Except as provided’’ and tion and Adjustment Act of 1992 to au- inserting ‘‘(a) RIGHT OF RECOVERY.—Except thorize the Secretary of the Interior to as provided’’; participate in the design, planning, and AUTHORITY FOR COMMITTEES TO (ii) by striking ‘‘the reasonable expenses construction of certain water reclama- MEET incurred’’ and inserting ‘‘the reasonable tion and reuse projects and desalina- charges billed’’; COMMITTEE ON FOREIGN RELATIONS tion research and development (iii) by striking ‘‘in providing’’ and insert- Mr. DOLE. Mr. President, I ask unan- ing ‘‘for providing’’; and projects. The subcommittee will also (iv) by striking ‘‘for such expenses’’ and in- consider S. 1169 to amend the Reclama- imous consent that the Committee on serting ‘‘for such charges’’; and tion Wastewater and Groundwater Foreign Relations be authorized to (B) in paragraph (2), by striking ‘‘such ex- Study and Facilities Act to authorize meet during the session of the Senate penses’’ each place it appears and inserting construction of facilities for the rec- on Tuesday, October 31, 1995, at 3:30 ‘‘such charges’’; lamation and reuse of wastewater at p.m. (2) in subsection (b), by striking ‘‘(b) Sub- McCall, ID, S. 590, a land exchange for section (a)’’ and inserting ‘‘(b) RECOVERY The PRESIDING OFFICER. Without AGAINST STATE WITH WORKERS’ COMPENSA- the relief of Matt Clawson, and S. 985, objection, it is so ordered. TION AWS OR O AULT UTOMOBILE CCI to exchange certain lands in Gilpin L N -F A A - COMMITTEE ON THE JUDICIARY DENT INSURANCE PROGRAM.—Subsection (a)’’; County, CO. The last bill to be consid- (3) in subsection (c), by striking ‘‘(c) No ered is S. 1196, to transfer certain Na- Mr. DOLE. Mr. President, I ask unan- law’’ and inserting ‘‘(c) PROHIBITION OF tional Forest System lands adjacent to imous consent that the Committee on STATE LAW OR CONTRACT PROVISION IMPEDI- the Townsite of Cuprum, ID. the Judiciary be authorized to meet MENT TO RIGHT OF RECOVERY.—No law’’; The hearing will take place Tuesday, during the session of the Senate on (4) in subsection (d), by striking ‘‘(d) No ac- Tuesday, October 31, 1995, at 10:00 a.m. tion’’ and inserting ‘‘(d) RIGHT TO DAM- November 7, 1995, at 9:30 a.m. in room AGES.—No action’’; SD–366 of the Dirksen Senate Office to hold a hearing on The Aftermath of (5) in subsection (e)— Building in Washington, DC. Waco: Changes in Federal Law Enforce- (A) in the matter preceding paragraph (1), Those wishing to testify or who wish ment. by striking ‘‘(e) The United States’’ and in- to submit written statements should The PRESIDING OFFICER. Without serting ‘‘(e) INTERVENTION OR SEPARATE CIVIL write to the Committee on Energy and objection, it is so ordered. ACTION.—The United States’’; and Natural Resources, U.S. Senate, Wash- (B) by striking paragraph (2) and inserting COMMITTEE ON SMALL BUSINESS the following new paragraph: ington, DC 20510. For further informa- ‘‘(2) while making all reasonable efforts to tion, please call Mark Rey at (202) 224– Mr. DOLE. Mr. President, I ask unan- provide notice of the action to the individual 6170. imous consent that the Senate Com- to whom health services are provided prior COMMITTEE ON ENERGY AND NATURAL RE- mittee on Small Business be authorized to the filing of the action, instituting a civil SOURCES, SUBCOMMITTEE ON PARKS, HISTORIC to meet during the session of the Sen- action.’’; PRESERVATION, AND RECREATION ate for a joint hearing with the House (6) in subsection (f), by striking ‘‘(f) The Mr. CAMPBELL. Mr. President, I Committee on Small Business on Tues- United States’’ and inserting ‘‘(f) SERVICES day, October 31, 1995, at 10:00 a.m., in COVERED UNDER A SELF-INSURANCE PLAN.—’’; would like to announce for the public and that a hearing has been scheduled be- room G50 of the Dirksen Senate Office (7) by adding at the end the following new fore the Subcommittee on Parks, His- Building, to conduct a hearing focusing subsections: toric Preservation, and Recreation of on The Cost of Federal Regulations on ‘‘(g) COSTS OF ACTION.—In any action the Committee on Energy and Natural Small Business. brought to enforce this section, the court Resources. The PRESIDING OFFICER. Without shall award any prevailing plaintiff costs, in- cluding attorneys’ fees that were reasonably The hearing will take place on Thurs- objection, it is so ordered. day, November 16, 1995 at 2 p.m. in incurred in that action. SELECT COMMITTEE ON INTELLIGENCE ‘‘(h) RIGHT OF RECOVERY FOR FAILURE TO room SD–366 of the Dirksen Senate Of- PROVIDE REASONABLE ASSURANCES.—The fice Building in Washington, DC. Mr. DOLE. Mr. President, I ask unan- United States, an Indian tribe, or a tribal or- The purpose of this hearing is to re- imous consent that the Select Com- ganization shall have the right to recover view S. 873, a bill to establish the mittee on Intelligence be authorized to damages against any fiduciary of an insur- South Carolina National Heritage Cor- meet during the session of the Senate ance company or employee benefit plan that ridor; S. 944, a bill to provide for the es- on Tuesday, October 31, 1995 at 2:00 is a provider referred to in subsection (a) tablishment of the Ohio River Corridor p.m. to hold a closed hearing on intel- who— ligence matters. ‘‘(1) fails to provide reasonable assurances Study Commission; S. 945, a bill to that such insurance company or employee amend the Illinois and Michigan Canal The PRESIDING OFFICER. Without benefit plan has funds that are sufficient to Heritage Corridor Act of 1984 to modify objection, it is so ordered.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16433 SUBCOMMITTEE ON INVESTIGATIONS LAUTENBERG’s concern for the environ- provided the owner agrees to rent a Mr. DOLE. Mr. President, I ask unan- ment, very few Americans familiar certain percentage of those apartments imous consent that the Permanent with the Superfund Program would dis- to low-income people. Currently, 1.5 Subcommittee on Investigations of the agree that it is in need of reform. We million units are subsidized in this Committee on Governmental Affairs, have spent billions of dollars on the fashion, and many of these contracts be authorized to meet during the ses- Superfund Program already, and the are due to expire. If they are not re- sion of the Senate on Tuesday, October results have been minimal. Superfund newed, many of the tenants will lose 31 and Wednesday, November 1, 1995 to has resulted in more lawsuits, more pa- their homes. perwork, extreme cleanup mandates, hold hearings on Global Proliferation In order to pay for the increase in and few cleanups. This is a classic at- of Weapons of Mass Destruction. homeless funding, Senator SARBANES tempt to throw good tax dollars after The PRESIDING OFFICER. Without would have reduced funding for renew- bad. Without meaningful reform of the objection, it is so ordered. ing section 8 contracts. By taking program, I am not convinced that away from this account, this amend- f Superfund dollars are being well-spent, ment threatens to put people currently making it impossible for me to support ADDITIONAL STATEMENTS housed under the section 8 program on this amendment. the street. The Federal Government Senator MIKULSKI offered an amend- has a role to play in helping the home- ment which would have restored $425 VA, HUD, INDEPENDENT AGENCIES less, and in this case the underlying million in funding for the Corporation APPROPRIATIONS bill fills this role by addressing the for National and Community Service. ∑ needs of people already living on the Mr. ABRAHAM. Mr. President, I While I applaud her efforts to encour- streets as well as ensuring we don’t en- would like to take this time to explain age Americans to provide more service courage additional families to join some of the votes I cast during consid- to their communities, this program them. eration of the VA, HUD, independent costs $26,000 per participant per year— agencies appropriations bill on Sep- a level which cannot be sustained in Overall I believe we have produced a tember 27, 1995. the current budget environment. solid appropriations bill, one which Senator BUMPERS offered an amend- Furthermore, I could not support stays within the budget limitations ment to reduce the appropriation for funding for this program upon learning necessary to balance the budget by the implementing the space station pro- that $14 million out of last year’s year 2002, delegates much of the fund- gram with the intent of terminating AmeriCorps funds were used to fund ing to States in the form of block the program. The Bumpers amendment Federal agencies. While the adminis- grants so that spending is more effec- raised the question as to what the tration claims it is cutting staff, they tive, and revises or eliminates pro- United States fundamental goals and are actually playing a shell game with grams that simply have not been work- needs are in exploring space. While it is taxpayers’ dollars by using AmeriCorps ing. I was proud to support final pas- clear that the space station has workers in the Federal Government. I sage of this legislation.∑ spurred technological and scientific de- am confident that the original sup- velopment unrelated to space, I am not porters of this program did not intend f convinced that these developments jus- for these volunteers to choose Federal tify the enormous taxpayer expense of employment as their community serv- NATIONAL ENDOWMENT FOR the space station. Therefore, at this ice. DEMOCRACY time, I supported Senator BUMPERS’ Forty percent of the dollars cur- amendment. Since the amendment rently spent on AmeriCorps is used for ∑ Mr. GRAHAM. Mr. President, on Oc- failed, however, we will most likely administrative purposes by the Federal tober 20, a letter from four former Na- continue to fund the space station for Government. These funds would be tional Security Advisers was sent to fiscal year 1996, and as we spend more more efficiently and effectively spent the chairman and ranking member of on this program we will come closer to on a local rather than a national level. the Committee on Foreign Relations a point at which it would no longer be Another amendment which touched expressing their support for the work wise to discontinue funding. I believe on an important social issue was the of the National Endowment for Democ- we are near that point and will review Sarbanes amendment to transfer $360 racy [NED]. According to these four this budget request again next year to million from section 8 contract renew- distinguished experts, NED ‘‘has served determine whether eliminating funding als to homeless assistance grants to in- our national interest well through its for the space station would benefit tax- crease funding for Federal homeless timely support of those who advance payers. programs. Most Americans share a the cause of democracy.’’ Senator ROCKEFELLER offered two common concern regarding the plight amendments regarding benefits for vet- of the homeless and agree that the As we make the difficult budgetary erans. One involved compensation for Government should play a role in the choices that will help guarantee for us mentally incompetent service-related solution. Nevertheless, I voted against and our children a prosperous future, it disabled veterans and the other would this amendment for two reasons. is essential that we not discard those have increased funding for the general First, the underlying bill provides programs—particularly those that are veterans medical account. My opposi- $760 million for homeless grants, with cost-effective—which enhance our tion to these amendments was not an additional $297 million in homeless long-term security. As the following based on their content, but rather on grants funding available from the ear- letter from Messrs. Allen, Brzezinski, the fact that the funding mechanism lier rescission bill, which deferred this Carlucci, and Scowcroft points out, the for both of these amendments involved funding from fiscal year 1995 to fiscal National Endowment for Democracy is waiving the Budget Act. More than any year 1996. In total, homeless programs such a program. veteran-specific funding we can pro- will have $1.057 billion to spend in fis- I ask that the letter be printed in the vide, balancing the budget will benefit cal year 1996. The Sarbanes amendment RECORD. The letter follows: veterans and their children. Any would not increase this funding by one OCTOBER 20, 1995. amendment which increases spending penny. All the funds he proposes to Hon. JESSE HELMS, and puts our country further from transfer would not be available until Hon. CLAIBORNE PELL, achieving a balanced budget ought to fiscal year 1997. In other words, this Senate Foreign Relations Committee Wash- ington, DC. be rejected. And while I do not doubt amendment would not have helped one Hon. BENJAMIN GILMAN, that Senator ROCKEFELLER’s amend- homeless person next year. Hon. LEE HAMILTON, ments have merit, his inability to find Second, I was concerned that an un- House International Relations Committee, other spending offsets made them im- intended consequence of this amend- Washington, DC. possible for me to support. ment would be to increase homeless- As former National Security Advisers to Senator LAUTENBERG also proposed to ness. The bill provides $4.35 billion in the President, we are familiar with the work waive provisions of the Budget Act in funding for section 8 contract renewal. of the National Endowment for Democracy order to provide more funding for the Section 8 subsidizes the construction (NED). In our assessment, NED, established Superfund Program. While I share Mr. and operation of apartment buildings, under President Reagan as an instrument in

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16434 CONGRESSIONAL RECORD — SENATE October 31, 1995 his campaign for democracy, and sustained ommendations on those hospitals that sailing experience. Individuals receiv- with the bipartisan support of the leadership serve large populations of both Medi- ing the Outstanding Professional of both houses of Congress, has served our care and Medicaid patients. Achievement Award are selected be- national interest well through its timely Mr. ROTH. The Senator is correct. As cause of their achievement within the support of those who advance the cause of democracy. part of the Senate Finance Commit- maritime industry. Captain Brown’s The Endowment, a small bipartisan insti- tee’s deliberation with the House on labor efforts on behalf of the maritime tution with its roots in America’s private the Medicare provisions of the con- industry as president of the Inter- sector, operates in situations where direct ference, we intend to request, and ulti- national Organization of Masters, government involvement is not appropriate. mately, include that requirement in Mates & Pilots led to his nomination It is an exceptionally effective instrument in ProPAC’s annual report to Congress. and subsequent selection by the review today’s climate for reaching dedicated Mr. DOLE. I thank the chairman for panel. groups seeking to counter extreme nation- alist and autocratic forces that are respon- his clarification and for sharing my The International Organization of sible for so much conflict and instability. concern about the health and well- Masters, Mates & Pilots is the Inter- Eliminating this program would be par- being of our inner-city residents and national Marine Division of the Inter- ticularly unsettling to our friends around the hospitals that serve their needs. national Longshoreman’s Association, the world, and could be interpreted as a sign OREGON HEALTH PLAN AFL–CIO. With 6,800 members, it rep- of America’s disengagement from the vital Mr. HATFIELD. Will my colleague resents licensed deck officers, State pi- policy of supporting democracy. The Endow- ment remains a critical and cost-effective in- from Delaware yield for the purpose of lots, and other marine personnel on vestment in a more secure America, and we entering into a colloquy? U.S.-flag commercial vessels sailing in support its work. We hope that you will join Mr. ROTH. I would be happy to yield international trade and the inland wa- us in that support. to the Senator from Oregon. terways of the United States, the Pan- Sincerely, Mr. HATFIELD. It is my under- ama Canal, and Caribbean, as well as RICHARD V. ALLEN, standing that additional funds have crews sailing civilian-crewed military FRANK C. CARLUCCI, been made available and added to the vessels of the United States. ZBIGNIEW BRZEZINSKI, BRENT SCOWCROFT.∑ Medicaid Program. As a result, Oregon Captain Brown richly deserves the (At the request of Mr. DOLE, the fol- will receive more funding during the 7 great honor which has been accorded lowing statements were ordered to be year budget period than originally ex- him. He has been associated with the printed in the RECORD.) pected under the Senate formula. maritime industry since graduating Mr. ROTH. That is correct. f from the U.S. Merchant Marine Acad- Mr. HATFIELD. As my colleague emy at Kings Points, NY, in 1965. Cap- BALANCED BUDGET RESOLUTION knows, Oregon is currently in the mid- tain Brown continued to associated ACT OF 1995 dle of a 5-year Medicaid demonstration himself with the maritime industry; ∑ Mr. DOLE. I seek a clarification from project known as the Oregon Health from 1983 to 1991 he sailed as a ship’s my colleague, the esteemed chairman Plan which began in 1994. This plan has master with SeaLand Service, Inc. In of the Finance Committee, Mr. ROTH. had an enormous effect on improving February 1991, he was elected president It is my understanding that, in making access to basic health care to low-in- of the International Organization of these revolutionary and necessary come Oregonians. As a result of the Masters, Mates & Pilots on an interim changes to the Medicare program to cuts to Medicaid funding included in basis and was subsequently reelected in preserve it for our Nation’s seniors, we the original Finance Committee pro- 1992. During his tenure as president, are concerned about the effects these posal, Oregon’s ability to carry out Captain Brown devoted a great deal of changes may have on inner-city access this innovative plan was threatened. Is time and energy toward legislative ini- to health care services. It is my under- it your understanding that under the tiatives designed to promote the U.S.- standing that it is the Finance Com- new Senate Medicaid formula, Oregon flag merchant marine in a competitive mittee’s intention to have ProPAC will receive more money than the world market. Working at both the study the effects of these changes on State estimates it will need during the grassroots and national levels he took the access and quality of care to the years 1996 through 1999 to operate the the opportunity to explain the impor- Medicare beneficiaries served by the Oregon Health Plan under its current tance of the U.S. merchant marine to Nation’s urban hospitals who serve Medicaid waiver? the national defense and the economy. Mr. ROTH. Yes. large numbers of Medicare patients. I Captain Brown serves as an inter- understand from the chairman that Mr. HATFIELD. I want to thank the national vice president of the Masters, whatever changes do occur in the Medi- Senator from Delaware and your staff Mates & Pilots parent organization, care Program, it is in the best interests for your assistance in ensuring that Or- the International Longshoremen’s As- of this Nation to ensure the health and egon will be able to continue its inno- sociation. He is also a member of the financial viability of these inner- city vative experiment. I truly believe Council of American Master Mariners hospitals so as not to undermine the other States can learn from Oregon’s and the American Merchant Marine health of the residents in those urban experience, and you have helped to Veterans. areas. guarantee that this will happen.∑ Mr. President, again, I congratulate Mr. ROTH. The gentleman, my good f Captain Brown on his accomplishment friend from Kansas, is correct. I share and for being held in such a high regard his concern for residents of the inner CONGRATULATING TIMOTHY A. by his colleagues in the maritime in- cities across the country. The Finance BROWN dustry. ∑ Committee does indeed intend for ∑ Mr. SARBANES. Mr. President. I rise ProPAC to study the effects of these today to recognize and congratulate changes on inner city hospitals that Capt. Timothy A. Brown, international f provide the access to care for those president of the International Organi- areas. zation of Masters, Mates & Pilots, ILA, DAVID HENDEL Mr. DOLE. It is, therefore, my under- AFL–CIO, on being awarded the Silver ∑ standing that the chairman of the Fi- Mariner Award and the Outstanding Mr. LIEBERMAN. Mr. President, I nance Committee intends to continue Professional Achievement Award by rise today to offer these most public to address these concerns during the the U.S. Merchant Marine Academy at words of congratulation to a great Con- House-Senate conferencs by including Kings Point, NY. Captain Brown was necticut citizen who is retiring after a language which would require presented with the award on October long and distinguished career with the ProPAC’s annual report to Congress to 12, 1995, at an awards dinner held at the Metropolitan Life Insurance Co. For include recommendations to ensure Merchant Marine Academy Officers nearly 40 years, David Hendel of West that beneficiaries served by the Na- Club. Hartford, CT has been a fixture at tion’s urban hospitals would maintain The Silver Mariner Award is given MetLife and he will be sorely missed in access and quality of care. every 5 years to individuals who have those hallways. In designing the study we would hope attained and sailed on their master’s As a past president of the MetLife that ProPAC would also include rec- license and who have at least 25 years Veterans Club of Hartford/Providence,

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16435 a member of the president’s club for 6 tee’s loss. I want to offer my congratu- AUTHORIZING THE PRINTING OF years, and 10 years on the leadership lations to John and wish him well in REVISED EDITION OF THE SEN- conference, David has redefined loyalty his new position. If he serves the Navy ATE ELECTION LAW GUIDEBOOK and dedication in the workplace. If as well as he did the committee, as I Mr. SMITH. Mr. President, I ask ever there was a man who could be am sure he will, the Nation will be well unanimous consent that the Senate ∑ counted on to put forth his best effort served indeed. proceed to the immediate consider- day in and day out, David Hendel is Mr. SMITH. Mr. President, I suggest ation of Senate Resolution 190, sub- that man. the absence of a quorum. mitted earlier today by Senators WAR- David has not merely made his mark The PRESIDING OFFICER. The NER and FORD. at MetLife, he has also worked hard to clerk will call the roll. The PRESIDING OFFICER. Without better his community and this is what The bill clerk proceeded to call the objection, it is so ordered. makes him such a special individual. A roll. The clerk will report. veteran of the U.S. Army, David has Mr. SMITH. Mr. President, I ask The legislative clerk read as follows: devoted his spare time to such organi- unanimous consent that the order for zations as the West Hartford Zoning A resolution (S. Res. 190) to authorize the the quorum call be rescinded. printing of a revised edition of the Senate Board of Appeals, the West Hartford The PRESIDING OFFICER. Without Election Law Guidebook. Democratic Town Committee, and objection, it is so ordered. Temple Beth El of West Hartford. The PRESIDING OFFICER. Is there Truly, David has taught a generation objection to the immediate consider- of West Hartford residents the meaning f ation of the resolution? and value of community service. There being no objection, the Senate A true role model, David has shown PROFESSIONAL BOXING SAFETY proceeded to consider the resolution. us all that we must work both as indi- ACT Mr. SMITH. Mr. President, I ask unanimous consent that the resolution viduals and as parts of a greater com- Mr. SMITH. Mr. President, I ask be agreed to, the motion to reconsider munity to leave a positive mark on the unanimous consent that the Senate be laid upon the table, and any state- world around us. As Members of Con- proceed to the immediate consider- ments relating to the resolution appear gress, we are charged with improving ation of Calendar No. 209, S. 187, the at the appropriate place in the RECORD. and strengthening the fabric of this Professional Boxing Safety Act. Nation. I hope this body recognizes The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. that, by following the lead of citizens objection, it is so ordered. The resolution (S. Res. 190) was like David Hendel, we can all advance The clerk will report. toward that lofty goal.∑ agreed to, as follows: The legislative clerk read as follows: S. RES. 190 f A bill (S. 187) to provide for the safe- Resolved, That the Committee on Rules and NOMINATION OF JOHN DOUGLASS ty of journeyman boxers, and for other Administration is directed to prepare a re- TO BE ASSISTANT SECRETARY purposes. vised edition of the Senate Election Law OF THE NAVY The PRESIDING OFFICER. Is there Guidebook, Senate Document 103–13, and ∑ Mr. LEVIN. Mr. President, I wish to objection to the immediate consider- that such document shall be printed as a Senate document. offer a few comments on the nomina- ation of the bill? SEC. 2. There shall be printed 600 additional tion of John Wade Douglass to be the There being no objection, the Senate proceeded to consider the bill. copies of the document specified in section 1 Assistant Secretary of the Navy for Re- of this resolution for the use of the Com- search, Development and Acquisition. AMENDMENT NO. 3039 mittee on Rules and Administration. John has served as a professional staff (Purpose: To provide a substitute) member of the Senate Armed Services Mr. SMITH. Mr. President, I send an f Committee for more than 3 years, and amendment to the desk on behalf of he has served the committee well. NATIVE AMERICAN TECHNICAL Senator MCCAIN. CORRECTIONS ACT John has been responsible for tech- The PRESIDING OFFICER. The nology base programs and defense re- clerk will report. Mr. SMITH. Mr. President, I ask search and development issues, as well The legislative clerk read as follows: unanimous consent the Senate proceed as NATO issues, for the committee’s to the immediate consideration of Cal- Democratic members. He has worked The Senator from New Hampshire [Mr. endar No. 196, S. 325. SMITH] for Mr. MCCAIN (for himself, Mr. on such difficult tasks as reducing the The PRESIDING OFFICER. Without BRYAN, and Mr. ROTH) proposes an amend- size of the Defense Department and its ment numbered 3039. objection, it is so ordered. budget while keeping a coherent pro- The clerk will report. Mr. SMITH. Mr. President, I ask gram of research and technology that The legislative clerk read as follows: unanimous consent that the reading of will help preserve our national security the amendment be dispensed with. A bill (S. 325) to make certain technical in the decades to come. He has also corrections in laws relating to native Ameri- The PRESIDING OFFICER. Without dealt with the thorny issues of Bosnia cans and for other purposes. and NATO expansion. objection, it is so ordered. (The text of the amendment is print- The Senate proceeded to consider the In all his work for the committee, bill. John has offered wise and creative ap- ed in today’s RECORD under ‘‘Amend- AMENDMENT NO. 3040 proaches to these difficult issues. For ments Submitted.’’) example, he has been a tireless cham- The PRESIDING OFFICER. The (Purpose: To provide a substitute) pion of cost-sharing in Federal dual-use question is on agreeing to the amend- Mr. SMITH. Mr. President, I send an research funding, which has now be- ment. amendment to the desk on behalf of come a standard practice for the Pen- The amendment (No. 3039) was agreed Senator MCCAIN and ask for its imme- tagon and other government agencies. to. diate consideration. This new standard will save the tax- Mr. SMITH. I ask unanimous consent The PRESIDING OFFICER. The payer hundreds of millions of dollars that the bill be deemed read a third clerk will report. while improving the chances that the time, passed as amended, the motion to The legislative clerk read as follows: joint research bears fruit for both the reconsider be laid upon the table and The Senator from New Hampshire [Mr. military and civilian users. any statements relating to the bill be SMITH], for Mr. MCCAIN, proposes an amend- Mr. President, I have enjoyed the op- placed at the appropriate place in the ment numbered 3040. portunity to work with John over the RECORD. Mr. SMITH. Mr. President, I ask past 3 years. He has worked with me on The PRESIDING OFFICER. Without unanimous consent that reading of the a number of issues, always with en- objection, it is so ordered. amendment be dispensed with. ergy, intelligence, and humor. Clearly, So the bill (S. 187), as amended, was The PRESIDING OFFICER. Without the Navy’s gain will be the commit- passed. objection, it is so ordered.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16436 CONGRESSIONAL RECORD — SENATE October 31, 1995 (The text of the amendment is print- tion to the Solid Waste Disposal Act. the Indian Health Care Improvement ed in today’s RECORD under ‘‘Amend- Section 7 of the bill amends the Amer- Act to make clear that an individual ments Submitted.’’) ican Indian Trust Fund Management serving in an academic setting that is Mr. MCCAIN. Mr. President, I rise Reform Act of 1994 to correct a ref- funded under sections 102, 112, or 114 of today to express my support for S. 325, erence in section 303(c) of the Act and the Act who is responsible for the re- a bill to make technical amendments to correct a typographical error in sec- cruitment and training of Indian to various laws affecting Native Ameri- tion 306 of the Act. Section 8 of the bill Health Professionals shall be consid- cans and to urge its immediate adop- makes several technical and con- ered to be meeting their service obliga- tion. This bill includes a number of forming changes to the Indian Self-De- tions under section 338A of the Public provisions which address a wide range termination and Education Assistance Health Service Act. This provision will of Indian issues. I am joined by a num- Act. Section 9 of the bill corrects a ref- allow an individual to meet their serv- ber of Senators who have sponsored erence in section 102 of the Indian Self- ice obligation to the IHS by working at provisions which have been included in Determination Contract Reform Act of a university or other academic setting S. 325. I will briefly describe the provi- 1994. Section 10 of the bill corrects cer- which is responsible for recruiting and tain references in sections 203 and 206 sions of S. 325 as amended. Section 1 of training American Indians in the of the Auburn Indian Restoration Act. the bill makes technical corrections to health professions. The amendment Section 11 of the bill amends the Crow section 9 of the Pokagon Potawatomi also clarifies that the Secretary may Boundary Settlement Act of 1994 cor- Restoration Act. These corrections defer an individual’s service obliga- rects several references in sections 5, 9, would change the references in section tions during the term of an internship, 9 from plural to singular. Section 2 of and 10 of the Act. Section 12 of S. 325 corrects a typographical error in sec- residency or other advanced clinical S. 325 makes technical corrections to program. Further, subsection (b) pro- the Odawa and Ottawa Restoration tion 205 of the Tlingit and Haida Status Clarification Act. Section 13 of the bill vides that any obligation for service or Act. This section corrects all of the ref- payment by an individual to the IHS erences in section 9 by using the plural. amends section 103 of the Native Amer- ican Languages Act to correct several shall expire upon their death. It also The third section of S. 325 would ad- authorizes the Secretary to waive or dress a longstanding problem in Indian citations in the section. Section 14 of the bill amends section 5 of the Ponca suspend a service or payment obliga- policy. I have worked extensively with tion upon the Secretary’s determina- my good friend and colleague from Ari- Restoration Act to modify the service area of the Ponca Indian Tribe to in- tion that it would cause extreme hard- zona, Senator KYL, to repeal the Trad- clude Indians living in Sarpy, Burt, ship or to enforce such a requirement ing with Indians Act. The Trading with would be unconscionable. Finally, the Indians Act was originally enacted in Platte, Stanton, Hall, Holt, and Wayne counties in Nebraska and Indians liv- provision makes clear the terms under the 1800’s to protect Indians from un- which an individual’s payment obliga- scrupulous Indian agents and other ing in Woodbury and Pottawattomie counties in Iowa. It has been estimated tion may be discharged in a bank- Federal employees. The prohibitions in that there are 110 Ponca tribal mem- ruptcy proceeding. Subsection (c) of the Trading with Indians Act were de- bers living in these counties who are this section clarifies certain provisions signed to prevent Federal employees not currently eligible to receive serv- in section 206 of the Indian Health Care from using their positions of trust to ices from the tribe. This amendment to Improvement Act regarding the notice engage in private business deals that the Ponca Restoration Act would make provisions for individuals in collection exploited Indians. These prohibitions these members eligible for tribal serv- actions for services provided by IHS or carried criminal penalties including a ices from the Ponca Tribe. I would like tribal health facilities and recoverable fine of up to $5,000 and removal from to recognize the leadership of the dele- costs in such a collection action and Federal employment. The Trading gation from Nebraska, Senators EXON the right of the United States and In- With Indians Act has had significant and KERREY, who brought this provi- dian tribes to recover against an insur- adverse impacts on employee retention sion to my attention and urged its in- ance company or employee benefit in the Indian Health Service [IHS] and clusion in S. 325. plan. the Bureau of Indian Affairs [BIA]. The Section 15 of S. 325 amends section Section 17 of the bill provides for the problems stemming from the Trading 112 of the Yavapai-Prescott Indian with Indians Act are well-documented. revocation of the charter of incorpora- Tribe Water Rights Settlement Act of tion of the Minnesota Chippewa Tribe Because the prohibitions in the Trad- 1994 to extend the time for the comple- ing with Indians Act apply to the under the Indian Reorganization Act. tion of the activities to be conducted The Minnesota Chippewa Tribe has re- spouses of IHS and BIA employees, the by the parties to the settlement by six quested the Congress to accept their adverse impacts are far-reaching. For months. Under the original Act, the surrender of the Corporate Charter of example, if a spouse of an IHS em- Secretary is required to publish in the the Minnesota Chippewa. By its own ployee is engaged in a business that is Federal Register by December 31, 1995 a terms, this chapter can only be re- wholly-unrelated to the BIA or the IHS statement of findings that includes a voked by Act of Congress. This provi- and does not transact business with the finding that the contracts between the sion would revoke the charter. I would BIA or the IHS, the spouse is still in parties for Central Arizona Project like to express my appreciation to my violation of the Trading with Indians water have been executed. Due to sev- Act. It is clear that although this stat- eral unforeseen developments, the De- good friend the Senator from Min- ute served an admirable purpose in the partment of the Interior, the Yavapai- nesota, Senator WELLSTONE for his 1800’s, it has become anachronistic and Prescott Tribe, and the City of Pres- hard work and diligence on behalf of should be repealed. The important poli- cott have requested an additional 6 the Minnesota Chippewa Tribe in ad- cies reflected in the Trading with Indi- months to finalize the agreements and vancing this amendment. Section 18 of ans Act are now covered by the Stand- publish the Secretary’s findings in the the bill amends section 533(c) of the Eq- ards of Ethical Conduct for Employees Federal Register. uity in Educational Land Grant Status of the Executive Branch. Section 16 of the bill modifies the Act of 1994 to clarify how the Indian In addition, to the original sections definition of the term Indian ‘‘Health student count shall be applied to the of the bill there are a number of addi- Profession’’ in the Indian Health Care Tribally Controlled Community Col- tional sections included in S. 325 at the Improvement Act. This modification leges. Section 19 of S. 325 will amend request for a number of Indian tribes. will allow the Indian Health Service the Advisory Council on California In- Section 4 of the amendment corrects a additional flexibility in awarding dian Policy Act of 1992 to extend the citation in section 4 of the Indian scholarships and offering loan repay- term of the Advisory Council on Cali- Dams Safety Act of 1994. Section 5 of S. ment to individuals enrolled in degree fornia Indian Policy from 18 months to 325 amends the Pascua Yaqui Indians programs in the health professions. As 36 months in order to allow them to Act to capitalize the words ‘‘Pascua originally defined, the term health pro- complete their study of issues affecting Yaqui Tribe.’’ Section 6 amends section fession unnecessarily restricted the eli- California Indian tribes. Section 20 of 3(7) of the Indian Lands Open Dump gibility of individuals for scholarships. the bill amends the San Carlos Apache cleanup Act of 1994 to correct the cita- Subsection (b) amends section 104 of Tribe Water Rights Settlement Act of

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16437 1992 to extend the deadline for the par- Throughout the years, we have failed fired from their jobs, not for any real ties to the settlement complete agree- to make good on that commitment. or perceived wrongdoing on their part, ments between the San Carlos Apache About 40 acres have been provided, and but merely because they are married to Tribe, the Phelps-Dodge Corporation, these areas are in poor condition. In individuals who may do business on an and the Town of Globe for an addi- 1988, Congress remedied this dilemma Indian reservation. The nexus of mar- tional year. This amendment would ex- by passing the Columbia River Treaty riage is enough to invoke penalties. It tend the deadline from December 31, Fishing Access Sites Act. The Act re- means, for example, that an Indian 1995 to December 31, 1996. The Depart- quires the Army Corps of Engineers to Health Service employee, whose spouse ment of the Interior, the San Carlos rehabilitate the existing sites and de- operates a law firm on the Navajo Na- Apache Tribe and the other parties to velop new sites to the full 400 acres. tion, could be fined, imprisoned, or the settlement have expressed their Once developed the Corps is to transfer fired. It means that a family member support for this provision. the sites to the Bureau of Indian Af- can’t apply for a small business loan Section 21 of the bill amends section fairs as trustee for the tribes. without jeopardizing the employee’s 401 of the Public Law 100–581, to pro- Since fiscal year 1994, $7.8 million has job. vide the authority to the Army Corps been appropriated to the Corps for this Mr. President, in some cases, the of Engineers to provide funding for the purpose. Expenditure of this money has Trading With Indians Act even threat- operation and maintenance of in lieu been stalled due to a disagreement be- fishing access sites on the Columbia tween the Corps and the BIA over ens to break up Indian families. I ask River. Public Law 100–581 was enacted which would be responsible for oper- unanimous consent that the text of a in 1988 to authorize the U.S. Army ation and maintenance costs after the column, which Jack Anderson and Mi- Corps of Engineers to develop 32 Indian transfer. The two agencies have chael Binstein wrote on the subject in fishing access sites along the Columbia reached an agreement and my amend- December of 1993, appear in the RECORD River for the Warm Springs, Yakima, ment will provide clear legislative au- at the conclusion of my remarks. Umatilla, and Nez Perce tribes. These thority for the Corps to transfer the The protection that the Trading With fishing sites were intended to com- Operation and Maintenance funds to Indians Act provided in 1834 can now be pensate these Indian tribes for fishing the Bureau of Indian Affairs. provided under the Standards of Eth- sites which were lost due to the con- I am pleased we have reached an ical Conduct for Government Employ- struction of several dams by the Army agreement that is acceptable to all the ees. The intent here is to provide ade- Corps of Engineers. In a June 25, 1995 parties involved and I am proud that quate safeguards against conflicts of Memorandum of Understanding be- we have fulfilled our commitment to interest, while not unreasonably deny- tween the Army Corps of Engineers and the tribes.∑ ing individuals and their families the the Department of the Interior, the Mr. KYL. Mr. President, I rise in sup- ability to live and work—and create Corps agreed to a lump sum payment of port of this legislation to make tech- jobs—in their communities. funds to provide for the operation and nical corrections in certain laws relat- Both Health and Human Services maintenance of such sites. I would like ing to Native Americans, particularly Secretary Donna Shalala and Interior to express my appreciation to the Sen- section 3 of the bill which would repeal Department Assistant Secretary Ada ator from Oregon, Mr. HATFIELD, for the Trading With Indians Act. Deer have expressed support for the his leadership in advancing this provi- Mr. President, the Chairman of the legislation to repeal the 1834 Act. Sec- sion. I have worked closely with him in Indian Affairs Committees, Senator retary Shalala, in a letter dated No- ensuring that this provision is clarified MCCAIN, and I began working for the and provides the necessary authority repeal of the Trading With Indians Act vember 17, 1993, noted that repeal to ensure that these sites are ade- during the last Congress. Senator ‘‘could improve the ability of IHS to recruit and retain medical professional quately maintained. MCCAIN championed the issue in this Section 22 of the bill provides author- body. I sponsored the companion bill employees in remote locations. It is ity to the Ponca Indian Tribe of Ne- while I was still serving in the House of more difficult for IHS to recruit and re- braska to utilize funds provided in Representatives. I want to thank the tain medical professionals to work in prior fiscal years to acquire, develop, chairman for his continuing personal remote reservation facilities if their and maintain a transitional living fa- involvement, and for acting so prompt- spouses are prohibited from engaging cility for Indian adolescents. I under- ly on the issue this year. in business activities with the local In- stand that the Ponca Indian Tribe has The Trading With Indians Act was dian residents, particularly since em- worked closely with Senator CONRAD, originally enacted in 1834, and it had a ployment opportunities for spouses are who has been the principal sponsor of legitimate purpose at that time—to often very limited in these locations.’’ this amendment. I would like to ex- protect Native Americans from being Let me cite one very specific case in press my appreciation for the work of unduly influenced by Federal employ- which the law has come into play. It Senators KYL, THOMAS, KERREY, EXON, ees. involved Ms. Karen Arviso, who served CONRAD, HATFIELD, WELLSTONE, and But, a law that started out with good as the Navajo area IHS health pro- INOUYE in the development of many of intentions more than a century ago has motion and disease prevention coordi- these amendments and I urge my col- become unnecessary and counter- nator. Ms. Arviso was one of those peo- leagues to support passage of S. 325. productive today. It establishes a vir- ple who played a particularly critical The PRESIDING OFFICER. If there tually absolute prohibition against role during the outbreak of the be no further debate, the question is on commercial trading with Indians by hantavirus in the Navajo area several agreeing to the amendment. employees of the Indian Health Service years ago. She put in long hours trav- The amendment (No. 3040) was agreed and Bureau of Indian Affairs. The pro- eling to communities across the res- to. hibition extends to transactions in ervation in an effort to educate people TREATY FISHING SITE AMENDMENT which a Federal employee has an inter- about the mysterious disease. ∑ Mr. HATFIELD. Mr. President, the est, either in his or her own name, or Instead of thanks for her dedication relationship of the United States Gov- in the name of another person, includ- and hard work, Ms. Arviso received a ernment with Native American tribes ing a spouse, where the employee bene- notice that she was to be fired because has often been plagued by broken fits or appears to benefit from such in- her husband applied for a small busi- promises and unfinished tasks. Trea- terest. ness loan from the Bureau of Indian Af- ties with the four Columbia River fish- The penalties for violations can be fairs. The Trading With Indians Act ing tribes, the Warm Springs, severe: a fine of not more than $5,000, Umatillas, Yakima, and the Nez Perce or imprisonment for not more than 6 would require it. What sense does that guarantee them the right to fish in the months, or both. The Act further pro- make? Columbia River. When dams flooded vides that any employee who is found Mr. President, repeal of the Trading out their fishing sites in the 1930’s, the to be in violation should be terminated With Indians Act is long overdue. I Federal Government agreed to provide from Federal employment. hope we will pass this legislation today 400 acres of new sites ‘‘in lieu of those This all means that employees could unanimously, and that the House will inundated.’’ be subject to criminal penalties or act on it promptly.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16438 CONGRESSIONAL RECORD — SENATE October 31, 1995 I ask unanimous consent that the Kyl and Sen. John McCain (R-Ariz.) are (A) by striking ‘‘Band’’ the first place it Anderson/Binstein column be printed leading the crusade to repeal the law in Con- appears and inserting ‘‘Bands’’; and in the RECORD. gress. (B) by striking ‘‘the Band.’’ and inserting ‘‘the respective Bands.’’; and There being no objection, the column Though the law has seldom been enforced this century, the few instances in which it (2) in subsection (b)(1)— was ordered to be printed in the has been invoked caused inconvenience rath- (A) in the first sentence, by striking ‘‘the RECORD, as follows: er than imprisonment. Band shall submit to the Secretary member- [From the Washington Post, Dec. 6, 1993] In the early 1980s, an assistant secretary of ship rolls that contain the names of all indi- viduals eligible for membership in such AN OBSOLETE LAW ENDANGERS A MARRIAGE BIA who wanted to rent his house to an In- dian was prevented from doing so. An official Band’’ and inserting ‘‘each of the Bands shall (By Jack Anderson and Michael Binstein) at IHS told us other employees of that agen- submit to the Secretary a membership roll This fall, Albert Hale nearly decided to cy had been prevented from selling Avon that contains the names of all individuals make what he regarded as the ultimate sac- products in predominantly Indian neighbor- that are eligible for membership in such rifice for his beloved wife of five years: di- hoods. Band’’; and vorce her. Health and Human Services Secretary (B) in the second sentence, by striking I don’t want my wife to go to jail,’’ Hale Donna E. Shalala has promised not to fire or ‘‘The Band, in consultation’’ and inserting said. ‘‘If I can save her from going to jail by prosecute IHS employees because of viola- ‘‘Each such Band, in consultation’’. divorcing her then that’s a real option.’’ tions, but word has apparently not reached SEC. 3. FEDERAL EMPLOYEES CONTRACTING OR The possibility made the Hales heartsick, Arizona. An IHS official there said ‘‘they TRADING WITH INDIANS. and left their young daughter—who over- haven’t heard anything’’ about not pros- (a) REPEAL.—Section 437 of title 18, United heard one of their hushed discussions—dis- ecuting the cases and therefore the Hales States Code, is repealed. traught. But a 160-year-old federal law of- and the handful of other people affected by (b) CONFORMING AMENDMENT.—The table of fered little latitude. The Trading with Indi- the law are ‘‘still under the gun.’’ sections at the beginning of chapter 23 of ans Act of 1834 carries a six-month jail sen- Regina Hale promises to fight. title 18, United States Code, is amended by tence and/or up to a $5,000 fine, and the ‘‘My daughter heard us the other night striking the item relating to section 437. ‘‘case’’ against Regina Hale appeared to be talking about getting a divorce and she . . . open and shut. If there’s a lesson, it may be started to cry because she didn’t under- (c) EFFECTIVE DATE.—The repeal made by that old and obsolete laws die hard. stand,’’ she said. ‘‘We’re going to live subsection (a) shall— The law prohibits all ‘‘commercial’’ trad- through this and we’re going to fight.’’ (1) take effect on the date of enactment of ing with American Indians by Indian Health this Act; and Mr. SMITH. I ask unanimous consent (2) apply with respect to any contract ob- Service or Bureau of Indian Affairs employ- the bill be deemed read a third time ees or ‘‘in the name of a family member or tained, and any purchase or sale occurring, spouse’’ of an employee. and passed as amended, the motion to on or after the date of enactment of this Act. An IHS official told us there weren’t many reconsider be laid upon the table, and SEC. 4. INDIAN DAMS SAFETY ACT OF 1994. any statements relating to the bill be violations of the law until the government Section 4(h) of the Indian Dams Safety Act started hiring greater numbers of Native placed at the appropriate place in the of 1994 (108 Stat. 1562) is amended by striking Americans whose spouses often work on the RECORD. ‘‘(under the Indian Self-Determination and reservations and own businesses. The two The PRESIDING OFFICER. Without Education Assistance Act (25 U.S.C. 450b(e)), main employers on most reservations are the objection, it is so ordered. as amended,’’ and inserting ‘‘under the In- tribal government and the federal govern- The bill (S. 325) was deemed read the dian Self-Determination and Education As- ment. sistance Act (25 U.S.C. 450 et seq.)’’. Albert and Regina Hale are American Indi- third time and passed, as follows: ans who were born and reared on the Navajo S. 325 SEC. 5. PASCUA YAQUI INDIANS OF ARIZONA. reservation in Window Rock, Ariz. She is Be it enacted by the Senate and House of Rep- Section 4(b) of the Act entitled ‘‘An Act to now employed as a personnel staffing assist- resentatives of the United States of America in provide for the extension of certain Federal ant for the IHS. He has practiced law on the Congress assembled, benefits, services, and assistance to the reservation since 1972. They are raising Regi- SECTION 1. CORRECTION TO POKAGON RES- Pascua Yaqui Indians of Arizona, and for na’s 9-year-old daughter in their own house TORATION ACT. other purposes’’ (25 U.S.C. 1300f–3(b)) is 1 on a 1 ⁄2-acre lot on the reservation, because Section 9 of the Act entitled ‘‘An Act to re- amended by striking ‘‘Pascua Yaqui tribe’’ that’s ‘‘where we’re from.’’ store Federal services to the Pokagon Band and inserting ‘‘Pascua Yaqui Tribe’’. There they lived as a normal happy family, of Potawatomi Indians’’ (25 U.S.C. 1300j–7a) SEC. 6. INDIAN LANDS OPEN DUMP CLEANUP ACT until one morning when Regina opened the is amended— OF 1994. mail and discovered that the marriage ren- (1) by striking ‘‘Bands’’ each place it ap- Section 3(7) of the Indian Lands Open dered her in ‘‘violation’’ of the Trading with pears and inserting ‘‘Band’’; Dump Cleanup Act of 1994 (108 Stat. 4165) is Indians Act and would be ‘‘cause for severe (2) in subsection (a), by striking ‘‘respec- amended by striking ‘‘under section 6944 of disciplinary action, as well as criminal pen- tive’’; and the Solid Waste Disposal Act (42 U.S.C. 6941 alties.’’ (3) in subsection (b)— et seq.)’’ and inserting ‘‘under section 4004 of ‘‘We were appalled by the letter . . . but (A) in paragraph (1)— the Solid Waste Disposal Act (42 U.S.C. what do you do? How do you as a married (i) in the first sentence— 6944)’’. couple resolve this? Maybe the best thing to (I) by striking ‘‘membership rolls that con- do is get divorced,’’ Albert Hale told our as- tain’’ and inserting ‘‘a membership roll that SEC. 7. AMERICAN INDIAN TRUST FUND MANAGE- sociate, Andrew Conte. contains’’; and MENT REFORM ACT OF 1994. When the law was enacted, Congress feared (II) by striking ‘‘in such’’ and inserting ‘‘in (a) MAINTENANCE OF RECORDS.—Section that non-Indian officials of the War Depart- the’’; and 303(c)(5)(D) of the American Indian Trust ment would set up shops on the reservations (ii) in the second sentence, by striking Fund Management Reform Act of 1994 (108 to fleece Indians of the funds they received ‘‘Each such’’ and inserting ‘‘The’’; Stat. 4247) is amended by striking ‘‘made from the government. Nearly 160 years later, (B) in paragraph (2)— under paragraph (3)(B)’’ and inserting ‘‘made this dusty relic is haunting Regina and Al- (i) by striking ‘‘rolls have’’ and inserting under subparagraph (C)’’. bert Hale, as well as other Indian couples ‘‘roll has’’; and (b) ADVISORY BOARD.—Section 306(d) of the who work for the IHS or the BIA and who (ii) by striking ‘‘such rolls’’ and inserting Indian Trust Fund Management Reform Act own businesses on reservations. ‘‘such roll’’; (25 U.S.C. 4046(d)) is amended by striking In another case, Karen Arviso, who worked (C) in the heading for paragraph (3), by ‘‘Advisory Board’’ and inserting ‘‘advisory last summer in Crownpoint, N.M., as a com- striking ‘‘ROLLS’’ and inserting ‘‘ROLL’’; and board’’. munity outreach worker to help locate the (D) in paragraph (3), by striking ‘‘rolls are causes of a mysterious fatal virus in the maintained’’ and inserting ‘‘roll is main- SEC. 8. INDIAN SELF-DETERMINATION AND EDU- CATION ASSISTANCE ACT. Southwest, almost lost her job because of tained’’. the law. When her husband applied for a loan SEC. 2. CORRECTION TO ODAWA AND OTTAWA (a) DEFINITIONS.—Section 4(j) of the Indian at the BIA to open a gas station on the Nav- RESTORATION ACT. Self-Determination and Education Assist- ajo reservation, IHS informed her that she (a) REAFFIRMATION OF RIGHTS.—The head- ance Act (25 U.S.C. 450b(j)) is amended by would have to resign if he started the busi- ing of section 5(b) of the Little Traverse Bay striking ‘‘That except as provided the last ness. Bands of Odawa and the Little River Band of proviso in section 105(a) of this Act,’’ and in- ‘‘This is one of those anachronisms,’’ Rep. Ottawa Indians Act (25 U.S.C. 1300k–3) is serting ‘‘That except as provided in para- Jon Kyl (R-Ariz.) told us. ‘‘The law was need- amended by striking ‘‘TRIBE’’ and inserting graphs (1) and (3) of section 105(a),’’. ed back 150 years ago, but now you don’t ‘‘BANDS’’. (b) CARRYOVER FUNDING.—Section 8 of the need it. This is just one of those things we (b) MEMBERSHIP LIST.—Section 9 of the Lit- Indian Self-Determination and Education ought to get off the books because unfortu- tle Traverse Bay Bands of Odawa and the Assistance Act (25 U.S.C. 13a) is amended by nately real people are in violation of real law Little River Band of Ottawa Indians Act (25 striking ‘‘the provisions of section 106(a)(3)’’ and we don’t intend for that situation to U.S.C. 1300k–7) is amended— and inserting ‘‘the provisions of section exist.’’ (1) in subsection (a)— 106(a)(4)’’.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16439

(c) REPAYMENT OF FUNDS.—Section 5(d) of SEC. 14. PONCA RESTORATION ACT. that individual, in a manner consistent with the Indian Self-Determination and Edu- Section 5 of the Ponca Restoration Act (25 clauses (i) through (v) of subparagraph (A).’’; cation Assistance Act (25 U.S.C. 450c(d)) is U.S.C. 983c) is amended— (D) in subparagraph (C), as so redesignated, amended by striking ‘‘106(a)(3) of this Act’’ (1) by inserting ‘‘Sarpy, Burt, Platte, Stan- by striking ‘‘prescribed under section 338C of and inserting ‘‘106(a)(4)’’. ton, Holt, Hall, Wayne,’’ before ‘‘Knox’’; and the Public Health Service Act (42 U.S.C. (d) SELF-DETERMINATION CONTRACTS.—The (2) by striking ‘‘or Charles Mix County’’ 254m) by service in a program specified in first sentence of the flush material imme- and inserting ‘‘, Woodbury or Pottawattomie subparagraph (A)’’ and inserting ‘‘described diately following subparagraph (E) of section Counties of Iowa, or Charles Mix County’’. in subparagraph (A) by service in a program 102(a)(2) of the Indian Self-Determination SEC. 15. YAVAPAI-PRESCOTT INDIAN TRIBE specified in that subparagraph’’; and and Education Assistance Act (25 U.S.C. WATER RIGHTS SETTLEMENT ACT (E) in subparagraph (D), as so redesig- 450f(a)(2)) is amended by striking ‘‘the second OF 1994. nated— sentence of this subsection’’ and inserting Section 112(b) of the Yavapai-Prescott In- (i) by striking ‘‘Subject to subparagraph ‘‘the second sentence of this paragraph’’. dian Tribe Water Rights Settlement Act of (B),’’ and inserting ‘‘Subject to subparagraph 1994 (108 Stat. 4532) is amended by striking (e) CONTRACT OR GRANT PROVISIONS AND (C),’’; and ‘‘December 31, 1995’’ and inserting ‘‘June 30, ADMINISTRATION.—Section 105(a)(3)(C)(ii) of (ii) by striking ‘‘prescribed under section 1996’’. the Indian Self-Determination and Edu- 338C of the Public Health Service Act (42 cation Assistance Act (42 U.S.C. SEC. 16. INDIAN HEALTH CARE IMPROVEMENT U.S.C. 254m)’’ and inserting ‘‘described in ACT. 450j(a)(3)(C)(ii)) is amended— subparagraph (A)’’; (a) DEFINITION OF HEALTH PROFESSION.— (1) in subclause (VII), by striking ‘‘chapter (2) in paragraph (4)— Section 4(n) of the Indian Health Care Im- 483’’ and inserting ‘‘chapter 482’’; and (A) in subparagraph (B), by striking the (2) in subclause (IX), by striking ‘‘The provement Act (25 U.S.C. 1603(n)) is amend- ed— matter preceding clause (i) and inserting the Service Control Act of 1965’’ and inserting following: ‘‘The Service Contract Act of 1965’’. (1) by inserting ‘‘allopathic medicine,’’ be- fore ‘‘family medicine’’; and ‘‘(B) the period of obligated service de- (f) APPROVAL OF CONSTRUCTION CON- (2) by striking ‘‘and allied health profes- scribed in paragraph (3)(A) shall be equal to TRACTS.—Section 105(m)(4)(C)(v) of the In- sions’’ and inserting ‘‘an allied health profes- the greater of—’’; and dian Self-Determination and Education As- sion, or any other health profession.’’. (B) in subparagraph (C), by striking ‘‘(42 sistance Act (25 U.S.C. 450j(m)(4)(C)(v)) is (b) INDIAN HEALTH PROFESSIONS SCHOLAR- U.S.C. 254m(g)(1)(B))’’ and inserting ‘‘(42 amended by striking ‘‘sections 102(a)(2) and SHIPS.—Section 104(b) of the Indian Health U.S.C. 254l(g)(1)(B))’’; 102(b) of section 102’’ and inserting ‘‘sub- Care Improvement Act (25 U.S.C. 1613a(b)) is (3) in paragraph (5), by adding at the end sections (a)(2) and (b) of section 102’’. amended— the following new subparagraphs: SEC. 9. INDIAN SELF-DETERMINATION CONTRACT (1) in paragraph (3)— ‘‘(C) Upon the death of an individual who REFORM ACT OF 1994. (A) in subparagraph (A)— receives an Indian Health Scholarship, any Section 102(11) of the Indian Self-Deter- (i) by striking the matter preceding clause obligation of that individual for service or mination Contract Reform Act of 1994 (108 (i) and inserting the following: Stat. 4254) is amended by striking ‘‘sub- ‘‘(3)(A) The active duty service obligation payment that relates to that scholarship section (e)’’ and inserting ‘‘subsection (e) of under a written contract with the Secretary shall be canceled. section 105’’. under section 338A of the Public Health Serv- ‘‘(D) The Secretary shall provide for the SEC. 10. AUBURN INDIAN RESTORATION. ice Act (42 U.S.C. 254l) that an individual has partial or total waiver or suspension of any entered into under that section shall, if that (a) ECONOMIC DEVELOPMENT.—Section 203 of obligation of service or payment of a recipi- individual is a recipient of an Indian Health the Auburn Indian Restoration Act (25 U.S.C. ent of an Indian Health Scholarship if the 1300l–1) is amended— Scholarship, be met in full-time practice, by service—’’; Secretary determines that— (1) in subsection (a)(2), by striking ‘‘as pro- ‘‘(i) it is not possible for the recipient to vided in section 107’’ and inserting ‘‘as pro- (ii) by striking ‘‘or’’ at the end of clause meet that obligation or make that payment; vided in section 207’’; and (iii); ‘‘(ii) requiring that recipient to meet that (2) in subsection (b), by striking ‘‘section (iii) by striking the period at the end of obligation or make that payment would re- 104’’ and inserting ‘‘section 204’’. clause (iv) and inserting ‘‘; or’’; and (iv) by adding at the end the following new sult in extreme hardship to the recipient; or (b) INTERIM GOVERNMENT.—The last sen- clause: ‘‘(iii) the enforcement of the requirement tence of section 206 of the Auburn Indian ‘‘(v) in an academic setting (including a to meet the obligation or make the payment Restoration Act (25 U.S.C. 1300l–4) is amend- program that receives funding under section would be unconscionable. ed by striking ‘‘Interim council’’ and insert- 102, 112, or 114, or any other academic setting ing ‘‘Interim Council’’. ‘‘(E) Notwithstanding any other provision that the Secretary, acting through the Serv- SEC. 11. CROW BOUNDARY SETTLEMENT ACT OF ice, determines to be appropriate for the pur- of law, in any case of extreme hardship or for 1994. poses of this clause) in which the major du- other good cause shown, the Secretary may (a) ENFORCEMENT.—Section 5(b)(3) of the ties and responsibilities of the recipient are waive, in whole or in part, the right of the Crow Boundary Settlement Act of 1994 (108 the recruitment and training of Indian United States to recover funds made avail- Stat. 4636) is amended by striking ‘‘provi- health professionals in the discipline of that able under this section. sions of subsection (b)’’ and inserting ‘‘provi- recipient in a manner consistent with the ‘‘(F) Notwithstanding any other provision sions of this subsection’’. purpose of this title, as specified in section (b) APPLICABILITY.—Section 9 of the Crow 101.’’; of law, with respect to a recipient of an In- Boundary Settlement Act of 1994 (108 Stat. (B) by redesignating subparagraphs (B) and dian Health Scholarship, no obligation for 4640) is amended by striking ‘‘The Act’’ and (C) as subparagraphs (C) and (D), respec- payment may be released by a discharge in inserting ‘‘This Act’’. tively; bankruptcy under title 11, United States (c) ESCROW FUNDS.—Section 10(b) of the (C) by inserting after subparagraph (A) the Code, unless that discharge is granted after Crow Boundary Settlement Act of 1994 (108 following new subparagraph: the expiration of the 5-year period beginning Stat. 4641) is amended by striking ‘‘(collec- ‘‘(B) At the request of any individual who on the initial date on which that payment is has entered into a contract referred to in tively referred to in this subsection as the due, and only if the bankruptcy court finds ‘Suspension Accounts’)’’ and inserting ‘‘(col- subparagraph (A) and who receives a degree that the nondischarge of the obligation lectively referred to in this section as the in medicine (including osteopathic or would be unconscionable.’’. ‘Suspension Accounts’)’’. allopathic medicine), dentistry, optometry, podiatry, or pharmacy, the Secretary shall SEC. 12. TLINGIT AND HAIDA STATUS CLARIFICA- (c) REIMBURSEMENT FROM CERTAIN THIRD TION ACT. defer the active duty service obligation of PARTIES OF COSTS OF HEALTH SERVICES.— that individual under that contract, in order The first sentence of section 205 of the Section 206 of the Indian Health Care Im- that such individual may complete any in- Tlingit and Haida Status Clarification Act ternship, residency, or other advanced clin- provement Act (16 U.S.C. 1621e) is amended— (25 U.S.C. 1215) is amended by striking ‘‘In- ical training that is required for the practice (1) in subsection (a)— dian tribes’’ and inserting ‘‘Indian Tribes’’. of that health profession, for an appropriate (A) in the matter preceding paragraph (1)— SEC. 13. NATIVE AMERICAN LANGUAGES ACT. period (in years, as determined by the Sec- (i) by striking ‘‘Except as provided’’ and Section 103 of the Native American Lan- retary), subject to the following conditions: inserting ‘‘(a) RIGHT OF RECOVERY.—Except guages Act (25 U.S.C. 2902) is amended— ‘‘(i) No period of internship, residency, or as provided’’; (1) in paragraph (2), by striking ‘‘under sec- other advanced clinical training shall be (ii) by striking ‘‘the reasonable expenses tion 5351(4) of the Indian Education Act of counted as satisfying any period of obligated incurred’’ and inserting ‘‘the reasonable 1988 (25 U.S.C. 2651(4))’’ and inserting ‘‘under service that is required under this section. charges billed’’; section 9161(4) of the Improving America’s ‘‘(ii) The active duty service obligation of (iii) by striking ‘‘in providing’’ and insert- Schools Act of 1994 (20 U.S.C. 7881(4))’’; and that individual shall commence not later ing ‘‘for providing’’; and (2) in paragraph (3), by striking ‘‘section than 90 days after the completion of that ad- (iv) by striking ‘‘for such expenses’’ and in- 4009 of Public Law 100–297 (20 U.S.C. 4909)’’ vanced clinical training (or by a date speci- serting ‘‘for such charges’’; and and inserting ‘‘section 9212(1) of the Improv- fied by the Secretary). (B) in paragraph (2), by striking ‘‘such ex- ing America’s Schools Act of 1994 (20 U.S.C. ‘‘(iii) The active duty service obligation penses’’ each place it appears and inserting 7912(1))’’. will be served in the health profession of ‘‘such charges’’;

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16440 CONGRESSIONAL RECORD — SENATE October 31, 1995

(2) in subsection (b), by striking ‘‘(b) Sub- leges pursuant to the definition of ‘Indian S. RES. 189 section (a)’’ and inserting ‘‘(b) RECOVERY student count’ under section 2(7) of the Trib- Whereas illegal drug use among the youth AGAINST STATE WITH WORKERS’ COMPENSA- ally Controlled Community College Assist- of America is on the increase; TION LAWS OR NO-FAULT AUTOMOBILE ACCI- ance Act of 2978 (25 U.S.C. 1801(7)); and Whereas illegal drug use is a major health DENT INSURANCE PROGRAM.—Subsection (a)’’; ‘‘(B) for all of the remaining 1994 Institu- problem, ruining thousands of lives and cost- (3) in subsection (c), by striking ‘‘(c) No tions listed in section 522, determined in ac- ing billions of dollars; law’’ and inserting ‘‘(c) PROHIBITION OF cordance with the definition of ‘Indian stu- Whereas illegal drug use contributes to STATE LAW OR CONTRACT PROVISION IMPEDI- dent count’ under section 390(3) of the Carl crime on the streets and in the homes of this MENT TO RIGHT OF RECOVERY.—No law’’; D. Perkins Vocational and Applied Tech- nation; (4) in subsection (d), by striking ‘‘(d) No ac- nology Education Act (20 U.S.C. 2397h(3)).’’. Whereas national attention has turned tion’’ and inserting ‘‘(d) RIGHT TO DAM- SEC. 19. ADVISORY COUNCIL ON CALIFORNIA IN- AGES.—No action’’; DIAN POLICY ACT OF 1992. from illegal drug use to other issues, and support for sustained programs has de- (5) in subsection (e)— Section 5(6) of the Advisory Council on creased; (A) in the matter preceding paragraph (1), California Indian Policy Act of 1992 (106 Stat. by striking ‘‘(e) The United States’’ and in- 2133; 25 U.S.C. 651 note) is amended by strik- Whereas public awareness and sustained serting ‘‘(e) INTERVENTION OR SEPARATE CIVIL ing ‘‘18 months’’ and inserting ‘‘36 months’’. programs are essential to combat an on- going social problem; ACTION.—The United States’’; and SEC. 20. SAN CARLOS APACHE TRIBE WATER (B) by striking paragraph (2) and inserting RIGHTS SETTLEMENT ACT OF 1992. Whereas the answer to the illegal drug the following new paragraph: Section 3711(b)(1) of the San Carlos Apache problem lies in America’s communities, with ‘‘(2) while making all reasonable efforts to Tribe Water Rights Settlement Act of 1992 local people involved in grass roots activities provide notice of the action to the individual (title XXXVII of Public Law 102–575) is to keep their communities safe and drug to whom health services are provided prior amended by striking ‘‘December 31, 1995’’ and free, and in encouraging personal responsi- to the filing of the action, instituting a civil inserting ‘‘December 31, 1996’’. bility; action.’’; Whereas the annual Red Ribbon Celebra- SEC. 21. IN-LIEU FISHING SITE TRANSFER AU- (6) in subsection (f), by striking ‘‘(f) The THORITY. tion, coordinated by the National Family United States’’ and inserting ‘‘(f) SERVICES Section 401 of Public Law 100–581 (102 Stat. Partnership and involving over 80,000,000 COVERED UNDER A SELF-INSURANCE PLAN.—’’; 2944–2945) is amended by adding at the end Americans in prevention activities each and the following new subsection: year, commemorates the sacrifices of people (7) by adding at the end the following new ‘‘(g) The Secretary of the Army is author- on the front lines in the war against illegal subsections: ized to transfer funds to the Department of drug use; ‘‘(g) COSTS OF ACTION.—In any action the Interior to be used for purposes of the Whereas substance abuse prevention, law brought to enforce this section, the court continued operation and maintenance of enforcement, international narcotics con- shall award any prevailing plaintiff costs, in- sites improved or developed under this sec- trol, and community awareness efforts con- cluding attorneys’ fees that were reasonably tion.’’. tribute to preventing young people from incurred in that action. starting illegal drug use; and SEC. 22. ADOLESCENT TRANSITIONAL LIVING FA- ‘‘(h) RIGHT OF RECOVERY FOR FAILURE TO CILITY. Whereas the American people have a con- PROVIDE REASONABLE ASSURANCES.—The Notwithstanding any other provision of tinuing responsibility to combat illegal drug United States, an Indian tribe, or a tribal or- law, any funds that were provided to the use: Now, therefore, be it ganization shall have the right to recover Ponca Indian Tribe of Nebraska for any of Resolved, That the Senate designate damages against any fiduciary of an insur- the fiscal years 1992 through 1995, and that Wednesday, November 1, 1995, as ‘‘National ance company or employee benefit plan that were retained by that Indian tribe, pursuant Drug Awareness Day’’. is a provider referred to in subsection (a) to a self-determination contract with the who— Secretary of Health and Human Services ‘‘(1) fails to provide reasonable assurances f that the Indian tribe entered into under sec- that such insurance company or employee tion 102 of the Indian Self-Determination and benefit plan has funds that are sufficient to Education Assistance Act (25 U.S.C. 450f) to WORKERS COMPENSATION pay all benefits owed by that insurance com- carry out programs and functions of the In- BENEFITS pany or employee benefit plan in its capacity dian Health Service may be used by that In- as such a provider; or Mr. SMITH. Mr. President, I ask dian tribe to acquire, develop, and maintain ‘‘(2) otherwise hinders or prevents recovery unanimous consent the Senate proceed under subsection (a), including hindering the a transitional living facility for adolescents, including land for that facility. to the immediate consideration of Cal- pursuit of any claim for a remedy that may endar No. 215, H.R. 1715. be asserted by a beneficiary or participant f covered under subsection (a) under any other The PRESIDING OFFICER. The applicable Federal or State law.’’. NATIONAL DRUG AWARENESS DAY clerk will report. SEC. 17. REVOCATION OF CHARTER OF INCORPO- Mr. SMITH. Mr. President, I ask The legislative clerk read as follows: RATION OF THE MINNESOTA CHIP- unanimous consent that the Senate A bill (H.R. 1715) respecting the relation- PEWA TRIBE UNDER THE INDIAN RE- ship between workers’ compensation benefits ORGANIZATION ACT. proceed to the immediate consider- ation of Senate Resolution 189, sub- and the benefits available under the Migrant The request of the Minnesota Chippewa and Seasonal Agricultural Worker Protec- mitted earlier today by Senator GRASS- Tribe to surrender the charter of incorpora- tion Act. tion issued to that tribe on September 17, LEY. 1937, pursuant to section 17 of the Act of The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there June 18, 1934, commonly known as the ‘‘In- clerk will report. objection to the immediate consider- dian Reorganization Act’’ (48 Stat. 988, chap- The legislative clerk read as follows: ation of the bill? ter 576; 25 U.S.C. 477) is hereby accepted and A resolution (S. Res. 189) to designate There being no objection, the Senate that charter of incorporation is hereby re- Wednesday, November 1, 1995, as National proceeded to consider the bill. voked. Drug Awareness Day. Mr. SMITH. Mr. President, I ask SEC. 18. LAND GRANT STATUS FOR 1994 INSTITU- TIONS. The PRESIDING OFFICER. Is there unanimous consent the bill be deemed Section 533(c) of the Equity in Educational objection to the immediate consider- read a third time, passed, the motion Land-Grant Status Act of 1994 (7 U.S.C. 301 ation of the resolution? to reconsider be laid upon the table, note) is amended— There being no objection, the Senate and any statements relating to the bill (1) in paragraph (4)(A), by striking the ‘‘In- proceeded to consider the resolution. be printed at the appropriate place in dian student count (as defined in section Mr. SMITH. I ask unanimous consent the RECORD. 390(3) of the Carl D. Perkins Vocational and the resolution be agreed to, the pre- The PRESIDING OFFICER. Without Applied Technology Education Act (20 U.S.C. amble be agreed to, the motion to re- objection, it is so ordered. 2397h(3))’’ and inserting ‘‘Indian student count, as determined under paragraph (5)’’; consider be laid upon the table, and The bill (H.R. 1715) was deemed read and any statements relating to the resolu- the third time, and passed. (2) by adding at the end the following new tion appear at the appropriate place in paragraph: the RECORD. f ‘‘(5) INDIAN STUDENT COUNT.—For purposes The PRESIDING OFFICER. Without of paragraph (4), the Indian student count objection, it is so ordered. shall be— The resolution (S. Res. 189) was EXECUTIVE SESSION ‘‘(A) for the 1994 Institutions listed in para- graphs (24), (25), and (27) of section 522, deter- agreed to. Mr. SMITH. Mr. President, I ask mined for those institutions in the same The preamble was agreed to. unanimous consent that the Senate im- manner as an Indian student count is deter- The resolution, with its preamble, mediately proceed to executive session mined for tribally controlled community col- reads as follows: to consider the military nominations

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16441 reported out of the Armed Services Brig. Gen. Jmes C. Riley, 000–00–0000. AEROSPACE ENGINEERING DUTY OFFICER Committee today, with the exception Brig. Gen. Randall L. Rigby, 000–00–0000. To be rear admiral (lower half) Brig. Gen. Daniel J. Petrosky, 000–00–0000. of Capt. John B. Padgett III. I further Capt. Jeffrey Alan Cook, 000–00–0000, ask unanimous consent that the nomi- Brig. Gen. Michael B. Sherfield, 000–00–0000. Brig. Gen. James C. King, 000–00–0000. United States Navy. nations be confirmed en bloc, the mo- Brig. Gen. Joseph G. Garrett, III, 000–00– The following named officer for appoint- tions to reconsider be laid upon the 0000. ment to the grade of vice admiral in the table en bloc, that any statements re- Brig. Gen. Leroy R. Goff, III, 000–00–0000. United States Navy while assigned to a posi- lating to the nominations appear at Brig. Gen. Daniel G. Brown, 000–00–0000. tion of importance and responsibility under the appropriate place in the RECORD, Brig. Gen. William P. Tangney, 000–00–0000. title 10 U.S.C., section 601: the President be immediately notified Brig. Gen. Charles S. Mahan, Jr., 000–00– To be vice admiral 0000. of the Senate’s action, and that the Rear Adm. Dennis C. Blair, 000–00–0000. Senate then return to legislative ses- Brig. Gen. John J. Maher, III, 000–00–0000. IN THE AIR FORCE sion. Brig. Gen. Leon J. LaPorte, 000–00–0000 Brig. Gen. Claudia J. Kennedy, 000–00–0000. The PRESIDING OFFICER. Without Air Force nominations beginning Tarek C. The following-named officer for promotion Abboushi, and ending Michael F. Zupan, objection, it is so ordered. in the Regular Army of the United States to which nominations were received by the Sen- The nominations considered and con- the grade indicated under title 10, U.S.C., ate and appeared in the CONGRESSIONAL firmed are as follows: sections 611(a) and 624(c): RECORD on September 5, 1995. IN THE AIR FORCE To be brigadier general Air Force nominations beginning Julian Andrews, and ending Janice L. Anderson, The following named officer for appoint- Col. Bettye H. Simmons, 000–00–0000, which nominations were received by the Sen- ment in the United States Air Force to the United States Army. ate and appeared in the CONGRESSIONAL grade of major general under the provisions The following-named Medical Corps Com- RECORD on October 10, 1995. of title 10, United States Code, section 624: petitive Category officers for appointment in the Regular Army of the United States to Air Force nominations beginning Laraine To be major general the grade of brigadier general under the pro- L. Acosta, and ending Joan C. Winters, Brig. Gen. John B. Hall, Jr., 000–00–0000, visions of title 10, U.S.C., sections 611(a) and which nominations were received by the Sen- Regular Air Force. 624(c): ate and appeared in the CONGRESSIONAL The following named officer for appoint- To be brigadier general RECORD on October 10, 1995. ment to the grade of lieutenant general Air Force nominations beginning Larry E. Col. George J. Brown, 000–00–0000, United while assigned to a position of importance Freeman, and ending Timothy L. Cook, States Army. and responsibility under Title 10, United which nominations were received by the Sen- Col. Robert F. Griffin, 000–00–0000, United States Code, Section 601: ate and appeared in the CONGRESSINAL States Army. To be lieutenant general RECORD On October 11, 1995. IN THE NAVY IN THE ARMY Maj. Gen. Brett M. Dula, 000–00–0000, The following named Captains in the line United States Air Force. of the United States Navy for promotion to Army nominations beginning Anthony C. The following named officer for appoint- the permanent grade of Rear Admiral (lower Aiken, and ending Karen L. Wilkins, which ment to the grade of lieutenant general half), pursuant to Title 10, United States nominations were received by the Senate and while assigned to a position of importance Code, section 624, subject to qualifications appeared in the CONGRESSIONAL RECORD on and responsibility under Title 10, United therefore as provided by law: September 19, 1995. States Code, Section 601: Army nominations of Amy M. Autry, UNRESTRICTED LINE OFFICER To be lieutenant general which was received by the Senate and ap- To be rear admiral (lower half) peared in the CONGRESSIONAL RECORD on Oc- Maj. Gen. James F. Record, 000–00–0000, Capt. Stephen Hall Baker, 000–00–0000, tober 10, 1995. United States Air Force. United States Navy. Army nominations beginning Michael B. The following named officer for appoint- Capt. John Joseph Bepko, III, 000–00–0000, Neveu, and ending Robert A. Diggs, which ment to the grade of lieutenant general on United States Navy. nominations were received by the Senate and the retired list pursuant to the provisions of Capt. Jay Alan Campbell, 000–00–0000, appeared in the CONGRESSIONAL RECORD on Title 10, United States Code, Section 1370: United States Navy. October 10, 1995. To be lieutenant general Capt. Robert Charles Chaplin, 000–00–0000, Army nomination of Duane A. Belote, Lt. Gen. Thad A. Wolfe, 000–00–0000, United United States Navy. which was received by the Senate and ap- States Air Force. Capt. James Cutler Dawson, Jr., 000–00– peared in the CONGRESSIONAL RECORD on Oc- 0000, United States Navy. The following named officer for appoint- tober 10, 1995. Capt. Malcolm Irving Fages, 000–00–0000, ment to the grade of lieutenant general Army nomination of Derek J. Harvey, United States Navy. while assigned to a position of importance which was received by the Senate and ap- and responsibility under title 10, United Capt. Veronica Zasadni Froman, 000–00– peared in the CONGRESSONAL RECORD on Oc- States Code, section 601: 0000, United States Navy. tober 11, 1995. Capt. Scott Allen Fry, 000–00–0000, United Army nominations beginning Barbara To be lieutenant general States Navy. Hasbargen, and ending Gary Vroegindewey, Maj. Gen. Nicholas B. Kehoe, III, 000–00– Capt. Gregory Gordon Johnson, 000–00–0000, which nominations were received by the Sen- 0000, United States Air Force. United States Navy. ate and appeared in the CONGRESSIONAL Capt. Stephen Irvin Johnson, 000–00–0000, IN THE ARMY RECORD on October 11, 1995. United States Navy. Army nominations beginning Mary B. Al- The following named officers for pro- Capt. Joseph John Krol, Jr., 000–00–0000, motion in the Regular Army of the United exander, and ending Craig L. Wardrip, which United States Navy. nominations were received by the Senate and States to the grade indicated, under the pro- Capt. Stephen Robert Loeffler, 000–00–0000, visions of Title 10, United States Code, Sec- appeared in the CONGRESSIONAL RECORD on United States Navy. October 11, 1995. tions 611(a) and 624: Capt. John Thomas Lyons, III, 000–00–0000, To be permanent major general United States Navy. IN THE MARINE CORPS Brig. Gen. Robert W. Roper, Jr., 000–00– Capt. James Irwin Maslowski, 000–00–0000, Marine Corps nominations beginning Thur- 0000. United States Navy. mond Bell, and ending Earnest R. Walls, Capt. Richard Walter Mayo, 000–00–0000, which nominations were received by the Sen- Brig. Gen. Edward L. Andrews, 000–00–0000. United States Navy. ate and appeared in the CONGRESSIONAL Brig. Gen. David K. Heebner, 000–00–0000. Capt. Michael Glenn Mullen, 000–00–0000, RECORD on October 10, 1995. Brig. Gen. Morris J. Boyd, 000–00–0000. United States Navy. IN THE NAVY Brig. Gen. Robert R. Hicks, Jr., 000–00–0000. Capt. Larry Don Newsome, 000–00–0000, Brig. Gen. Stewart W. Wallace, 000–00–0000. United States Navy. Navy nominations beginning John M. Brig. Gen. James M. Wright, 000–00–0000. Capt. Richard Jerome Nibe, 000–00–0000, Abernathy III, and ending George R. Shayne, Brig. Gen. Charles W. Thomas, 000–00–0000. United States Navy. which nominations were received by the Sen- Brig. Gen. George H. Harmeyer, 000–00–0000. Capt. Paul Scott Semko, 000–00–0000, ate and appeared in the CONGRESSIONAL RECORD on March 8, 1995. Brig. Gen. John F. Michitsch, 000–00–0000. United States Navy. Navy nomination of Robert W. Ernest, Brig. Gen. Lon E. Maggart, 000–00–0000. Capt. Robert Gary Sprigg, 000–00–0000, which was received by the Senate and ap- Brig. Gen. Henry T. Glisson, 000–00–0000. United States Navy. peared in the CONGRESSIONAL RECORD on Brig. Gen. Thomas N. Burnette, Jr., 000–00– Capt. Robert Timothy Ziemer, 000–00–0000, United States Navy. April 24, 1995. 0000. Navy nominations beginning Timothy A. ENGINEERING DUTY OFFICER Brig. Gen. David H. Ohle, 000–00–0000. Adams, and ending Michael J. Zielinski, Brig. Gen. Milton Hunter, 000–00–0000. To be rear admiral (lower half) which nominations were received by the Sen- Brig. Gen. James T. Hill, 000–00–0000. Capt. Osie V. Combs, Jr., 000–00–0000, ate and appeared in the CONGRESSIONAL Brig. Gen. Greg L. Gile, 000–00–0000. United States Navy. RECORD on September 5, 1995.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 8524 Sfmt 0634 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16442 CONGRESSIONAL RECORD — SENATE October 31, 1995 Navy nominations beginning Albert M. point conferees on the part of the Sen- FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN Carden, and ending Jenevieve J. Williamson, ate. Several rollcall votes may be nec- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF which nominations were received by the Sen- essary on motions to instruct. How- AMERICA: ate and appeared in CONGRESSIONAL RECORD ever, there is an overall 10-hour limita- on September 8, 1995. DEPARTMENT OF STATE tion on those motions. Members can, Navy nominations beginning William D. SENECA ELIZABETH JOHNSON, OF IDAHO therefore, expect rollcall votes LAWRENCE J. KAY, OF IOWA Agerton, and ending William M. Turner, W. HOWIE MUIR, OF CONNECTICUT which nominations were received by the Sen- throughout Wednesday’s session of the ate and appeared in the CONGRESSIONAL Senate. UNITED STATES INFORMATION AGENCY RECORD on September 19, 1995. f JOSEPH A. BOOKBINDER, OF NEW YORK JAMES GREGORY CHRISTIANSEN, OF VIRGINIA f JENNIFER L. DENHARD, OF MARYLAND ADJOURNMENT UNTIL 9:30 A.M. KATHERINE HOWARD, OF MICHIGAN LEGISLATIVE SESSION TOMORROW MAURA MARGARET KENISTON, OF NEW YORK JOSEPH PATRICK KRUZICH, OF OREGON The PRESIDING OFFICER. Under Mr. SMITH. Mr. President, if there be PHILIP THOMAS REEKER, OF NEW YORK MICHAEL WILLIAM STANTON, OF VIRGINIA the previous order, the Senate will re- no further business to come before the RODNEY MATTHEW THOMAS, OF RHODE ISLAND sume legislative session. Senate, I now ask that the Senate MARK TONER, OF PENNSYLVANIA DALE EDWARD WEST, OF TEXAS stand in adjournment under the pre- KATHERINE L. WOOD, OF VIRGINIA f vious order. JULIET WURR, OF CALIFORNIA There being no objection, the Senate, THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN BILL READ FOR THE FIRST TIME— SERVICE OF THE DEPARTMENTS OF STATE AND COM- S. 1372 at 9:43 p.m., adjourned until Wednes- MERCE TO BE CONSULAR OFFICERS AND/OR SECRE- day, November 1, 1995, at 9:30 a.m. TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED Mr. SMITH. Mr. President, I under- STATES OF AMERICA, AS INDICATED: f CONSULAR OFFICERS AND SECRETARIES IN THE DIP- stand that S. 1372, introduced earlier LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: today by Senator MCCAIN, is at the NOMINATIONS SERGE M. ALEKSANDROV, OF MARYLAND desk. LORI H. ALVORD, OF WISCONSIN Executive nominations received by CHARLES S. BAXTER, OF VIRGINIA The PRESIDING OFFICER. The DAVID A. BLOCK, OF VIRGINIA clerk will read the bill for the first the Senate October 31, 1995: CHESTER WINSTON BOWIE, OR MARYLAND STEPHEN CRAIG BRADLEY, OF VIRGINIA time. DEPARTMENT OF EDUCATION KIP ANDREW BRAILEY, OF VIRGINIA The legislative clerk read as follows: PATRICIA WENTWORTH MCNEIL, OF MASSACHUSETTS, STEPHANIE LYNN BRITT, OF VIRGINIA TO BE ASSISTANT SECRETARY FOR VOCATIONAL AND MARC R. CARDWELL, OF VIRGINIA A bill (S. 1372) to amend the Social Secu- ADULT EDUCATION, DEPARTMENT OF EDUCATION, VICE THEODORE D. CARLSON, OF VIRGINIA AUGUSTA SOUZA KAPPNER, RESIGNED. STACEY T. COSTLEY, OF MARYLAND rity Act to increase the earnings limit, and JONATHAN S. DALBY, OF VIRGINIA for other purposes. IN THE ARMY DOLLIE N. DAVIS, OF MARYLAND HELEN DAVIS-DELANEY, OF MARYLAND Mr. SMITH. Mr. President, I will now THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT CLAUDIA N. DEVERALL, OF VIRGINIA ask for the bill to be read a second TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. PAUL R. FELDTMOSE, OF MARYLAND ARMY WHILE ASSIGNED TO A POSITION OF IMPORTANCE KERRY L. GAFNEY, OF VIRGINIA time. AND RESPONSIBILITY UNDER TITLE 10, UNITED STATES MARC T. GALKIN, OF VIRGINIA CODE, SECTION 601(A): The PRESIDING OFFICER. Is there FELIX GONZALEZ, OF VIRGINIA To be lieutenant general DAMIAN THOMAS GULLO, OF VIRGINIA objection? BRUCE R. HARRIS, JR., OF VIRGINIA MAJ. GEN. THOMAS A. SCHWARTZ, 000–00–0000, U.S. ARMY. ANGE BELLE HASSINGER, OF THE DISTRICT OF COLUM- Mr. SMITH. At this time I object on BIA behalf of the minority leader, Senator FOREIGN SERVICE MARGARET H. HENOCH, OF THE DISTRICT OF COLUMBIA ROBERT DOUGLAS JENKINS, OF VIRGINIA THE FOLLOWING-NAMED PERSONS OF THE AGENCIES DASCHLE. RICHARD HILL JOHNSON, OF VIRGINIA INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- KEITH PATRICK KELLY, OF MICHIGAN The PRESIDING OFFICER. Objec- FICERS OF THE CLASSES STATED, AND ALSO FOR THE DAVID P. LAWLOR, OF VIRGINIA OTHER APPOINTMENTS INDICATED HEREWITH: tion is heard. STEVEN JON LEVAN, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF KEVIN G. LEW, OF VIRGINIA CLASS ONE, CONSULAR OFFICERS AND SECRETARIES IN ALAN LONG, OF VIRGINIA f THE DIPLOMATIC SERVICE OF THE UNITED STATES OF SHARON ANN LUNDAHL, OF VIRGINIA AMERICA: ORDERS FOR WEDNESDAY, DEAN PETERSON, OF SOUTH DAKOTA AGENCY FOR INTERNATIONAL DEVELOPMENT MICHAEL H. RAMSEY, OF VIRGINIA NOVEMBER 1, 1995 E. ELIZABETH SALLIES, OF THE DISTRICT OF COLUMBIA HENRY LEE BARRETT, OF CALIFORNIA LINDA M. SIPPRELLE, OF VIRGINIA Mr. SMITH. Mr. President, I ask CAROL E. CARPENTER-YARMAN, OF CALIFORNIA RODNEY D. SMITH, OF VIRGINIA JOHN R. MORGAN, OF TENNESSEE HARRY L. TYNER, OF VIRGINIA unanimous consent that when the Sen- DOUGLAS WYLIE PALMER, OF WASHINGTON ate completes its business today it WILLIAM R. PARISH III, OF CALIFORNIA IN THE ARMY stand in adjournment until the hour of FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT 9:30 a.m. on Wednesday, November 1, CLASS TWO, CONSULAR OFFICERS AND SECRETARIES IN IN THE RESERVE OF THE ARMY, UNDER THE PROVISIONS THE DIPLOMATIC SERVICE OF THE UNITED STATES OF OF TITLE 10, UNITED STATES CODE, SECTIONS 3353, that following the prayer, the Journal AMERICA: 12203(A) AND 12207: of proceedings be deemed approved to AGENCY FOR INTERNATIONAL DEVELOPMENT MEDICAL CORPS date, no resolutions come over under PETER H. DELP, OF CALIFORNIA the rule, the call of the calendar be dis- MARGARET LORRAINE DULA, OF CALIFORNIA To be lieutenant colonel TAMERA ANN FILLINGER, OF CALIFORNIA pensed with, the morning hour be NANCY J. LAWTON, OF VIRGINIA NELSON M. ALVERIO, 000–00–0000 deemed to have expired, the time for MICHAEL E. SARHAN, OF ARKANSAS ARTHUR S. PUA, 000–00–0000 the two leaders be reserved for their MARY EDITH SCOVILL, OF VIRGINIA DEE ANN SMITH, OF VIRGINIA IN THE NAVY use later in the day, and that there JAMES E. VERMILLION, OF FLORIDA MICHAEL F. WALSH, OF PENNSYLVANIA THE FOLLOWING-NAMED NAVAL RESERVE OFFICER then be a period for the transaction of TRAINING CORPS AND ENLISTED COMMISSIONING PRO- morning business until 12 noon with FOR APPOINTMENTS AS FOREIGN SERVICE OFFICERS GRAM GRADUATES TO BE APPOINTED PERMANENT EN- OF CLASS THREE, CONSULAR OFFICERS AND SECRE- SIGN IN THE LINE AND STAFF CORPS OF THE U.S. NAVY, Senators permitted to speak for up to TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED PURSUANT TO TITLE 10, UNITED STATES CODE, SECTION 10 minutes each; and, further, that the STATES OF AMERICA: 531: time from 9:30 to 10:30 be under the DEPARTMENT OF STATE BOBBY Z. ABADI, 000–00–0000 EDERLAIDA O. ABREU, 000–00–0000 control of Senator DASCHLE, or his des- ELLIS MERRILL WALKER ESTES, OF CALIFORNIA CHARLES J. ACKERKNECHT, 000–00–0000 ignee, and 10:30 to noon under the con- ALONZO SIBERT, OF THE DISTRICT OF COLUMBIA DEREK S. ADAMETZ, 000–00–0000 AGENCY FOR INTERNATIONAL DEVELOPMENT CHARLES F. ADAMS, 000–00–0000 trol of Senator DOLE, or his designee. STEPHEN K. AGEE, 000–00–0000 The PRESIDING OFFICER. Without EMMANUEL BRUCE-ATTAH, OF TENNESSEE KELLY V. AHLM, 000–00–0000 JOSEPH L. DORSEY, OF TEXAS BARIMA K. AKOASARE, 000–00–0000 objection, it is so ordered. STEVEN KENNETH DOSH, OF MARIANA ISLANDS ALBERT A. ALARCON, 000–00–0000 MARSHALL W. HENDERSON, OF CALIFORNIA HILARY A. ALBERS, 000–00–0000 f MARYANNE HOIRUP-BACOLOD, OF CALIFORNIA MARCUS A. ALBERS, 000–00–0000 EDITH I. HOUSTON, OF TEXAS JOHN C. ALBRIGHTON, 000–00–0000 CYNTHIA J. JUDGE, OF OREGON FREDERICK G. ALEGRE, 000–00–0000 PROGRAM CEOPUS KENNEDY, OF ALABAMA CHARLES G. ALGIER III, 000–00–0000 JEFFREY RANDALL LEE, OF VIRGINIA FERDINAND B. ALIDO, 000–00–0000 Mr. SMITH. Mr. President, for the in- RAYMOND L. LEWMAN, OF WASHINGTON SCOTT D. ALLEE, 000–00–0000 formation of all Senators, at approxi- JENNIFER NOTKIN, OF MASSACHUSETTS KATHERINE F. ALLEN, 000–00–0000 DIANE L. RAWL, OF VIRGINIA GREGORY G. ALLGAIER, 000–00–0000 mately 12 noon on Wednesday, it will CHARLES E. ALLISON, JR, 000–00–0000 be the intention of the majority leader DEPARTMENT OF AGRICULTURE JOHN D. ALLISON, 000–00–0000 STEPHEN W. ALLUM, 000–00–0000 DAVID W. COTTRELL, OF FLORIDA to turn to the consideration of the NATHANIEL B. ALMOND, 000–00–0000 House message to accompany the budg- UNITED STATES INFORMATION AGENCY ERIC P. ANDERSEN, 000–00–0000 ALEXANDER D. ANDERSON, 000–00–0000 et reconciliation bill in order to ap- MYUNGSOO MAX KWAK, OF MARYLAND BRIAN C. ANDERSON, 000–00–0000

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 8524 Sfmt 9801 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16443

BRIDGETTE M. ANDERSON, 000–00–0000 ROBERT J. BROOKS, 000–00–0000 JOHN L. CROGHAN, 000–00–0000 LAND T. ANDERSON, 000–00–0000 SHANE E. BROOKS, 000–00–0000 PATRICK A. CROLEY, 000–00–0000 BRIAN S. ANDERTON, 000–00–0000 BYRON B. BROWN, 000–00–0000 NICOLA M. CROWELL, 000–00–0000 REBECCA A. ANDREWS, 000–00–0000 CHARLES A. BROWN, 000–00–0000 TOBY S. CROWLEY, 000–00–0000 STEVEN W. ANTCLIFF, 000–00–0000 J.C. BROWN, 000–00–0000 RAYMOND D. CRUMP, 000–00–0000 CORY R. APPLEBEE, 000–00–0000 KENDALL R. BROWN, 000–00–0000 PHILLIP D. CRUZ, 000–00–0000 WILLIAM ARIAS, JR, 000–00–0000 TROY A. BROWN, 000–00–0000 ASSUNTA M. CUEVAS, 000–00–0000 KAREN M. ARMSTRONG, 000–00–0000 MARK J. BROWNFIELD, 000–00–0000 KENNETH L. CULBREATH, 000–00–0000 DOUGLAS J. ARNOLD, 000–00–0000 ANNA C. BRYANT, 000–00–0000 LISBETH A. CUNNINGHAM, 000–00–0000 DANIEL P. ARTHUR, 000–00–0000 TIMOTHY J. BRYANT, 000–00–0000 ERIC J. ASCHEMAN, 000–00–0000 RYAN J. BRYLA, 000–00–0000 ROSS H. CUNNINGHAM, 000–00–0000 RANDY E. ASHMAN, 000–00–0000 CHRISTOPHER B. BRYSON, 000–00–0000 MICHAEL B. CURTIS, 000–00–0000 MELISSA C. AUSTIN, 000–00–0000 JOHN L. BUB, 000–00–0000 RUSSELL A. CZACK, 000–00–0000 MORGAN S. AVITABILE, 000–00–0000 KURT A. BUCKENDORF, 000–00–0000 DANIEL J. DAHAN, 000–00–0000 LYNDA M. AYALA, 000–00–0000 JAMES E. BUCKLEW, 000–00–0000 DAVID C. DAILY, 000–00–0000 DANIEL B. AYOTTE, 000–00–0000 MARK L. BUNN, 000–00–0000 DEBORAH A. DALL, 000–00–0000 PATRICK, C. BABKA, 000–00–0000 EUGENE A. BURCH II, 000–00–0000 JASON A. DARISH, 000–00–0000 CHADWICK S. BACHOROWSKI, 000–00–0000 MICHAEL A. BURCHIK, JR., 000–00–0000 WAYNE E. DAVEY, 000–00–0000 SCOTT A. BACON, 000–00–0000 BRIAN H. BURGIN, 000–00–0000 JEAN CLAUDE DAVIDSON, 000–00–0000 GREGORY L. BADGER, 000–00–0000 JOHN R. BURKE, 000–00–0000 RICHRD T. DAVIES, 000–00–0000 CARLOS J. BADILLO, 000–00–0000 DEXTER A. BURLEW, 000–00–0000 BILLY R. DAVIS, 000–00–0000 KENNETH N. BAGUSO, 000–00–0000 MICHAEL E. BURLEY, 000–00–0000 DAVID M. DAVIS, 000–00–0000 PHILIP M. BAHEN, 000–00–0000 JAMES H. BURNS, 000–00–0000 RODNEY O. DAVIS, 000–00–0000 CHRISTOPHER E. BAILEY, 000–00–0000 JERRY L. BURNS, 000–00–0000 THERON C. DAVIS, 000–00–0000 JASON W. BAILEY, 000–00–0000 PAUL C. BURNS, 000–00–0000 WILLIAM M. DAVIS, 000–00–0000 JOSEPH T. BAILEY, 000–00–0000 SEAN M. BURROW, 000–00–0000 FLOYD L. DAWALT, 000–00–0000 GREGORY E. BAKER, 000–00–0000 RICHARD E. BURTON, 000–00–0000 JOHN F. BAKER 000–00–0000 JAMIE F. BURTS, 000–00–0000 GRANT W. DAWSON, 000–00–0000 BENJAMIN J. BALLARD, 000–00–0000 DAVID V. BUSH, 000–00–0000 THALMUS D. DAY, 000–00–0000 BRIAN M. BALLER, 000–00–0000 STEPHANIE J. BUTLER, 000–00–0000 BOYD C. DECKER, 000–00–0000 NATHAN A. BALLOU, 000–00–0000 JONATHAN M. BUTZKE, 000–00–0000 DAMIAN A. DEFAZIO, 000–00–0000 ROMMEL S. BALMEO, 000–00–0000 PETER B. BYFORD, 000–00–0000 JEFFERY E. DEGROFT, 000–00–0000 MARIANIE O. BALOLONG, 000–00–0000 DAVID W. BYRD, 000–00–0000 JENNIFER L. DELONG, 000–00–0000 VERLANA R. BANKES, 000–00–0000 NEFTALI CABEZUDO 000–00–0000 ADAM J. DEMELLA, 000–00–0000 RICHARD R. BARBER, 000–00–0000 JEAN L. CADER, 000–00–0000 GEORGE K. DEMETRIADES, 000–00–0000 CHRISTOPHER J. BARKER, 000–00–0000 JOHN E. CAGE, 000–00–0000 GEORGE DEMOPOULOS, 000–00–0000 MATTHEW A. BARKER, 000–00–0000 PAUL M. CAIRNS, 000–00–0000 DUSTIN A. DEMOREST, 000–00–0000 PAUL R. BARNEY, 000–00–0000 JUSTIN M. CALLAGHAN, 000–00–0000 DOUGLAS A. DENNEY, 000–00–0000 DALE S. BARRETT, 000–00–0000 JAMES R. CALVERT, 000–00–0000 LANNY P. DERBY, JR. 000–00–0000 OSCAR A. BARROW, 000–00–0000 DELIO A. CALZOLARI, JR., 000–00–0000 PAUL C. DESAULNIERS, 000–00–0000 JON A. BARTEE, 000–00–0000 ANDREA H. CAMERON, 000–00–0000 NANCY J. DEVEAU, 000–00–0000 TOBIN P. BASFORD, 000–00–0000 DAVID J. CANNING, 000–00–0000 CHRISTOPHER B. DEWING, 000–00–0000 JENNIFER L. BASHAW, 000–00–0000 AGUSTIN E. CAREY, 000–00–0000 VICTOR M. DIAZ, 000–00–0000 BRIAN J. BAUMHOVER, 000–00–0000 COLLEEN A. CARLTON, 000–00–0000 BRAIN J. DIEBOLD, 000–00–0000 JASON J. BEACHY, 000–00–0000 JEFFERY W. CARMODY, 000–00–0000 SCOTT A. BEAL, 000–00–0000 JOHN R. CARNAHAN, 000–00–0000 FREDERICK D. DIETRICH, 000–00–0000 MARCUS A. BEAMAN, 000–00–0000 TODD R. CARPENTER, 000–00–0000 JOHN A. DIGIOVACCHINO, 000–00–0000 ROBERT W. BEAMAN, 000–00–0000 ARIEL H. CARPIO, 000–00–0000 CATHERINE A. DILLON, 000–00–0000 MICHAEL L. BEANE, 000–00–0000 VICENTE CARRERAS, JR, 000–00–0000 AMEURFINNA F. DIMEN, 000–00–0000 LASHANDRA M. BEARD, 000–00–0000 JEFFREY A. CARROLL, 000–00–0000 DEENA S. DISRAELLY, 000–00–0000 QUINCY E. BEASLEY, 000–00–0000 TONYA S. CARROLL, 000–00–0000 RICHARD L. DIVINEY, 000–00–0000 GREGORY M, BEATTY, 000–00–0000 ROBERT CARTER, 000–00–0000 DAVID B. DOLBIER, 000–00–0000 CHARLES D. BECK, 000–00–0000 PHILLIP S. CARY, 000–00–0000 MICHAEL J. DOLLENS, 000–00–0000 GREGORY B. BECK, 000–00–0000 ROSANNA M. CASANOVA, 000–00–0000 ROGER G. DONOGHUE, 000–00–0000 JOSEPH R. BECKER, 000–00–0000 LISA M. CASTANEDA, 000–00–0000 AMY J. DONOVAN, 000–00–0000 MICHAEL S. BELK, 000–00–0000 JOHN A. CASTEEL, 000–00–0000 LUIS A. DORANTES, 000–00–0000 JESSE J. BELSKY, 000–00–0000 GARY L. CAVE, 000–00–0000 TREVOR L. DORROH, 000–00–0000 MARIO M. BENEDITO, 000–00–0000 CHRISTIAN D. CHAPMAN, 000–00–0000 MARK E. DOSSANTOS, 000–00–0000 JEFFREY L. BENJAMIN, 000–00–0000 PIERRE E. CHARPENTIER, 000–00–0000 BRENDAN K. DOUGHERTY, 000–00–0000 DANIEL E. BENNETT, 000–00–0000 JUDITH L. CHERRY, 000–00–0000 STEPHEN B. DOWD, 000–00–0000 HOLLY E. BENNETT, 000–00–0000 JEFFREY CHIANG, 000–00–0000 KEITH B. DOWLING, 000–00–0000 KEITH K. BENSON, 000–00–0000 COLIN W. CHINN, 000–00–0000 AMY L. DRAYTON, 000–00–0000 KATHRYN L. BERGER, 000–00–0000 DAVID Y. CHO, 000–00–0000 AMY M. DRINKWATER, 000–00–0000 MIKAEL P. BERGH, 000–00–0000 PAUL L. CHOATE, 000–00–0000 JOSE L. DUARTE, 000–00–0000 JOHN R. BERGQUIST, 000–00–0000 WON H. CHOE, 000–00–0000 JEANPAUL E. DUBE, 000–00–0000 RYAN J. BERNACCHI, 000–00–0000 HYOSON CHOI, 000–00–0000 JENNIFER A. DUNBAR, 000–00–0000 JEFFREY S. BERNHARD, 000–00–0000 BRANDON CHRISTENSEN, 000–00–0000 GEOFFRY S. BERRY, 000–00–0000 MELISSA E. CHRISTOFFEL, 000–00–0000 MATTHEW L. DUNLAY, 000–00–0000 RICHARD R. BESSEL, 000–00–0000 CHRISTOPHER D. CHUHRAN, 000–00–0000 BRIAN J. DUNN, 000–00–0000 THOMAS M. BESTAFKA, 000–00–0000 FRANCIS M. CHUNFAT, 000–00–0000 STEVEN G. DUTTER, 000–00–0000 RICHARD A. BESTGEN, 000–00–0000 TODD F. CIMICATA, 000–00–0000 ANTHONY S. DUTTERA, 000–00–0000 KEITH R. BIANDO, 000–00–0000 ANDREW J. CLARK, 000–00–0000 JAMES T. DUTTON, 000–00–0000 JASON H. BIEGELSON, 000–00–0000 DANIEL W. CLARK, 000–00–0000 GILBERT L. DYSICO, 000–00–0000 RACHELLE L. BILBRUCK, 000–00–0000 FRANKIE J. CLARK, 000–00–0000 TIMOTHY T. EARL, 000–00–0000 HEATHER A. BILLETS, 000–00–0000 JENNIFER A. CLARK, 000–00–0000 NATALIE E. EASON, 000–00–0000 JOSHUA R. BINDER, 000–00–0000 MICHAEL J. CLARK II, 000–00–0000 DANIEL D. EDDINGER, 000–00–0000 MICHAEL A. BISBEE, 000–00–0000 NATHAN D. CLARK, 000–00–0000 KATHY R. EDMISTON, 000–00–0000 RAYMOND K. BIZIOREK, 000–00–0000 GABRIEL T. CLEMENS, 000–00–0000 SCOTT A. EIDEM, 000–00–0000 ANTOINETTE BLACK, 000–00–0000 RODNEY G. CLEMENTS, 000–00–0000 SELINA ELDER, 000–00–0000 KRISTINE T. BLACK, 000–00–0000 JENNIFER L. COCIO, 000–00–0000 MEGAN A. ELIASON, 000–00–0000 DAVID J. BLACKMAN, 000–00–0000 ROBERT M. COHEN, 000–00–0000 LUIS R. ELIZA, 000–00–0000 CARL M. BLAHNIK, 000–00–0000 PAMELA A. COLBY, 000–00–0000 SHANE ELLER, 000–00–0000 KARA J. BLAISURE, 000–00–0000 DEREK E. COLE, 000–00–0000 MICHAEL R. ELLINGSON, 000–00–0000 JOSE A. BLANDINO, 000–00–0000 HAROLD T. COLE, 000–00–0000 TODD J. ENDICOTT, 000–00–0000 ROBERT D. BLONDIN, 000–00–0000 JOSEPH M. COLE, 000–00–0000 BRIAN J. ENGEL, 000–00–0000 ADAM S. BLOOM, 000–00–0000 JAYSON L. COLEBANK, 000–00–0000 STEVEN K. ENGLE, 000–00–0000 JASON R. BLYTH, 000–00–0000 JOSEPH W. COLEMAN, 000–00–0000 CATHERINE A. ENGLER, 000–00–0000 KURT P. BOENISCH, 000–00–0000 HEATHER M. COLLAZO, 000–00–0000 CHRISTOPHER G. BOHNER, 000–00–0000 DAVID COLON, 000–00–0000 MARK D. ERAMO, 000–00–0000 MATTHEW D. BOKMEYER, 000–00–0000 RACHEL A. COLUCCI, 000–00–0000 CARRIE L. ERDAHL, 000–00–0000 TODD M. BOLAND, 000–00–0000 MATTHEW T. COMMONS, 000–00–0000 JEFFREY J. ERMISH, 000–00–0000 WILLIAM A. BOLLER, 000–00–0000 DANIEL K. COMUNALE, 000–00–0000 FERMIN ESPINOZA, 000–00–0000 JOHN D. BOMKAMP, 000–00–0000 CHRISTOPHER M. CONDON, 000–00–0000 GEORGE C. ESTRADA, 000–00–0000 DAVID V. BONFILI, 000–00–0000 BRYAN Z. CONNELLY, 000–00–0000 KARL R. ETZEL, 000–00–0000 KOE P. BORNHOR, 000–00–0000 THOMAS P. CONNELLY, JR, 000–00–0000 RICKSON E. EVANGELISTA, 000–00–0000 GREGORY E. BOUCHER, 000–00–0000 BRENNA C. CONWAY, 000–00–0000 JAMES S. EVANS, 000–00–0000 CHRISTOPHER L. BOWEN, 000–00–0000 DANIEL W. COOK, 000–00–0000 JOHN J. EVANS, JR, 000–00–0000 RICHARD L. BOWLES, 000–00–0000 JOSEPH COOK, 000–00–0000 MICHAEL A. EVANS, 000–00–0000 PATRICK W. BOYCE, 000–00–0000 TANYA N. COOK, 000–00–0000 WILLIAM F. EVANS, 000–00–0000 ERIK J. BOYNTON, 000–00–0000 WENDY A. COOK, 000–00–0000 ROBERT J. EVERLING, 000–00–0000 JOHN J. BRABAZON, 000–00–0000 WILLIAM W. COOK, 000–00–0000 HOWARD B. FABACHER, 000–00–0000 DANIEL S. BRADLEY, 000–00–0000 MICHAEL J. COOKSON, 000–00–0000 LEMUEL D. FAGAN, 000–00–0000 HARRY C. BRADLEY, 000–00–0000 CHRISTOPHER P. COOPER, 000–00–0000 TIMOTHY D. FAHEY, 000–00–0000 DOUGLAS W. BRADY, 000–00–0000 JOSEPH S. COOPER, 000–00–0000 CHAD M. FALGOUT, 000–00–0000 JEFFREY D. BRANCHEAU, 000–00–0000 ROBERT C. COOPER, 000–00–0000 WILLIAM L. FALLS, 000–00–0000 MICHAEL J. BRAND, 000–00–0000 JOAQUIN S. CORREIA, 000–00–0000 RONALD J. FANELLI II, 000–00–0000 MICHAEL C. BRATLEY, 000–00–0000 MARK D. CORRIERE, 000–00–0000 BENJAMIN H. FANNON, 000–00–0000 STEPHEN J. BREITIGAN, 000–00–0000 KEVIN D. CORYELL, 000–00–0000 MARGARET L. FARRELL, 000–00–0000 WALTER D. BREWER, 000–00–0000 ERIN M. COTTRELL, 000–00–0000 LISA L. FARRIS, 000–00–0000 JONATHAN E. BRIEN, 000–00–0000 MICHAEL S. COURSEY, 000–00–0000 LUCIA BRIGHTWELL, 000–00–0000 RICHARD G. COUTURE, JR, 000–00–0000 MICHAEL L. FAZIO, 000–00–0000 CHRIS T. BRINKAC, 000–00–0000 ROBERT G. CRAMPTON, 000–00–0000 JOEL W. FELDMEIER, 000–00–0000 ANDREW W. BRINKMEIER, 000–00–0000 AARON R. CRANE, 000–00–0000 WILLIAM M. FELMLEE, 000–00–0000 NEAL BRINN, 000–00–0000 GREGORY A. CRAWFORD, 000–00–0000 SHANE P. FENTRESS, 000–00–0000 BRYAN A. BRIONES, 000–00–0000 KENNETH T. CREAMEANS, 000–00–0000 CHARLES R. FERGUSON, 000–00–0000 RACHEL W. BRISTOL, 000–00–0000 PARIS E. CRENSHAW, 000–00–0000 JAMES A. FERGUSON, 000–00–0000 LATONIA D. BROADWATER, 000–00–0000 FRANCIS CRISTINZIO, 000–00–0000 DAVID B. FIELDS, 000–00–0000 ANTHONY V. BROCK, 000–00–0000 ROBERT F. CROFOOT, 000–00–0000 CARLOS FIGUEROA, JR, 000–00–0000 DANIEL M. BROOKES, 000–00–0000 SCOTT E. CROFT, 000–00–0000 ORIN H. FINK, 000–00–0000

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 8524 Sfmt 9801 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16444 CONGRESSIONAL RECORD — SENATE October 31, 1995

CHRIS J. FINOCCHIO, 000–00–0000 AARON M. HAY, 000–00–0000 LAWRENCE K. KING, 000–00–0000 ROBERT M. FIRNSTEIN, 000–00–0000 DAVID S. HAYDEL, JR., 000–00–0000 JEREMY E. KIRSCH, 000–00–0000 KURT E. FISCHL, 000–00–0000 MARK C. HARZENBERG, 000–00–0000 RYAN P. KLAAHSEN, 000–00–0000 GREGORY W. FITZGEARLD, 000–00–0000 STEVEN R. HECKERT, 000–00–0000 JILL M. KLOBUCHAR, 000–00–0000 JAMES M. FLAHERTY, 000–00–0000 DAVID D. HEIN, 000–00–0000 PETER A. KLOPFENSTEIN, 000–00–0000 JEFFREY J. FLOGEL, 000–00–0000 KEVIN L. HEISS, 000–00–0000 GREGORY C. KNIGHT, 000–00–0000 JESSE J. FLORES, 000–00–0000 CHRISTOPHER J. HENRY, 000–00–0000 HELEN M. KNIPE, 000–00–0000 TRACEY A. FLYNN, 000–00–0000 JASON B. HENRY, 000–00–0000 MILTON L. KNUDSEN, 000–00–0000 JEREMY A. FOGT, 000–00–0000 SHERRY L. HENRY, 000–00–0000 JOHN J. KOBLE, 000–00–0000 JOHN M. FORADORI, 000–00–0000 BETSY L. HEPLER, 000–00–0000 KIMBERLY J. FORCH, 000–00–0000 MARGARITA D. HERNANDEZ, 000–00–0000 CHASTITY F. KOCH, 000–00–0000 VALERIE A. FORNER, 000–00–0000 NEIL A. HERNANDEZ, 000–00–0000 JEREMY M. KOMASZ, 000–00–0000 CHARLES A. FOSTER, 000–00–0000 SERGIO HERRERA, 000–00–0000 FRANK J. KORFIAS, 000–00–0000 MICHAEL P. FOSTER, 000–00–0000 ERIC G. HICKS, 000–00–0000 DIONISIOS KORKOS, 000–00–0000 STEPHEN T. FOTOPULOS, 000–00–0000 CHRISTOPHER F. HILL, 000–00–0000 RICHARD K. KOSLER, 000–00–0000 BRIAN D. FOX, 000–00–0000 MARK W. HILL, 000–00–0000 BUDDY G. KOZEN. JR, 000–00–0000 JASON P. FOX, 000–00–0000 KEVIN S. HILLARD, 000–00–0000 DAVID T. KOZMINSKI, 000–00–0000 LEONARD FRANKEL, 000–00–0000 DAVID L. HILTON, 000–00–0000 GADALA E. KRATZER, 000–00–0000 KENNETH R. FRANKLIN, 000–00–0000 CHRISTOPHER D. HINSON, 000–00–0000 ERIC V. KRAUSE, 000–00–0000 WILLIAM D. FRASER, 000–00–0000 MATTHEW C. HIPP, 000–00–0000 ROBERT J. KRAUSE, 000–00–0000 CARLTON Q. FREEMAN, 000–00–0000 PHILIP A. HITTEPOLE, 000–00–0000 SCOTT D. KRAYNAK, 000–00–0000 NORMAN D. FREEMAN II, 000–00–0000 BRIAN A. HITTLE, 000–00–0000 LAURA A. KREVETSKI, 000–00–0000 JAMES M. FRENCH, 000–00–0000 STEVEN E. HNATT, 000–00–0000 ERIC O. KROGH, 000–00–0000 KURT M. FRITZSCHE, 000–00–0000 CHRISTOPHER S. HOAGLAND, 000–00–0000 JASON A. KRUEGER, 000–00–0000 LUKE A. FROST, 000–00–0000 HASAN A. HOBBS, 000–00–0000 CHARLES D. KUBA, 000–00–0000 MARC C. FRYMAN, 000–00–0000 DOUGLAS W. HOERSTER, 000–00–0000 MARTY D. KUHL, 000–00–0000 STEPHEN C. FULLER, 000–00–0000 AARON C. HOFF, 000–00–0000 ANGELA A. FULTON, 000–00–0000 NEIL J. HOFFMAN, 000–00–0000 DAVID S. KUHN, 000–00–0000 PATRICK M. FUNK, 000–00–0000 GARY C. HOLLAND, 000–00–0000 IMEE JEAN U. LACERNA, 000–00–0000 ELIZABETH W. FURAY, 000–00–0000 TRAVIS M. HOLLAR, 000–00–0000 PATRICK L. LAHIFF, 000–00–0000 JONATHAN A. GAGE, 000–00–0000 JONATHAN S. HOLMGREN, 000–00–0000 JEFFREY E. LAMPHEAR, 000–00–0000 PETER E. GALLAGHER, 000–00–0000 MARK S. HONEA, 000–00–0000 CHRISTOPHER P. LANDRY, 000–00–0000 JIMMIE J. GALLAND, 000–00–0000 BRYAN M. HOOKS, 000–00–0000 DEREK J. LANG, 000–00–0000 WILLIAM D. GALLAWAY, 000–00–0000 GERALD A. HOPEN, 000–00–0000 CHANDEN S. LANGHOFER, 000–00–0000 CHARLES L. GALLOWAY, JR., 000–00–0000 GARY W. HOPEWELL, JR, 000–00–0000 KEITH A. LANZER 000–00–0000 MARIA S. GAMBOA, 000–00–0000 RICHARD HOPPENHAUER, JR, 000–00–0000 MANUEL LARA, JR., 000–00–0000 JERMAINE GAMBRELL, 000–00–0000 MARK J. HORENKAMP, 000–00–0000 WILLIAM J. LARGE, 000–00–0000 WILMER NATHA B. GANGE, 000–00–0000 RONALD G. HORTILLOSA, 000–00–0000 ANDREW F. LAROSA, 000–00–0000 TIMOTHY M. GANT, 000–00–0000 FREDRICK J. HOSTETLER, JR, 000–00–0000 NELS T. LARSEN, 000–00–0000 BRIDGETTE C. GARCHEK, 000–00–0000 SHARON L. HOUSE, 000–00–0000 JOHN E. LARSON, 000–00–0000 JEFFREY B. GARCIA, 000–00–0000 CHRISTOPHER J. HOVER, 000–00–0000 TROY D. LARSON, 000–00–0000 MITCHELL R. GARCIA, 000–00–0000 DEREK J. HOWE, 000–00–0000 GIUSSEPPE A. LAURITANO, 000–00–0000 THOMAS J. GARCIA, 000–00–0000 SEAN R. HOYT, 000–00–0000 JENNIFER L. LAVOIE, 000–00–0000 JOHN E. GARDE, 000–00–0000 JUSTIN S. HSU, 000–00–0000 MAUREEN E. LAWLER, 000–00–0000 ALLEN L. GARNER, 000–00–0000 MITCHELL T. HUANG, 000–00–0000 BRETT A. GARVIE, 000–00–0000 FRASER P. HUDSON, 000–00–0000 JASON D. LAYTON, 000–00–0000 KRISTOFER R. GASKO, 000–00–0000 CHADLEY R. HUEBNER, 000–00–0000 BRIAN T. LE, 000–00–0000 ANDREW J. GASSER, 000–00–0000 PATRICK E. HUEY, 000–00–0000 VERONICA LEAL, 000–00–0000 BRYCE C. GASSER, 000–00–0000 BRETT W. HUFFMAN, 000–00–0000 ALARIC C. LEBARON, 000–00–0000 AARON E. GASTALDO, 000–00–0000 DOUGLAS W. HUGGAN, 000–00–0000 RICHARD LEBRON, 000–00–0000 JAMES B. GATEAU, 000–00–0000 KIRK R. HUMMEL, 000–00–0000 SUSAN A. LEES, 000–00–0000 JOHN M. GAYANICH, 000–00–0000 WILLARD N. HUNT, 000–00–0000 MICHAEL R. LEGG, 000–00–0000 SUGATA CHATAK, 000–00–0000 GEORGE T. HUNTER, 000–00–0000 JAMES M. LENNON, 000–00–0000 JASON F. GIERMAN, 000–00–0000 THOMAS D. HUNTER, 000–00–0000 JOHN A. LEONAS, 000–00–0000 JOHN C. GILLON, 000–00–0000 ALEXANDER K. HUTCHISON, 000–00–0000 WILLIAM H. LEQUE, 000–00–0000 DARRELL S. GILPIN, 000–00–0000 DAVID L. HUTSELL, 000–00–0000 MATTHEW P. LESSER, 000–00–0000 JOHN A. GINEGAW, 000–00–0000 WALTER K. ICKES, 000–00–0000 BRADY C. LEVANDER, 000–00–0000 RUSSEL W. GIRTY, 000–00–0000 GEZA M. ILLES, 000–00–0000 JASON M. LEVINE, 000–00–0000 JOHN HARVEY GIUSEPPE, 000–00–0000 DANIEL V. INGRAM, 000–00–0000 CHRISTOPHER J. LEVITT, 000–00–0000 JOHN D. GLEDHILL, 000–00–0000 MIGUEL C. INIGUEZ, 000–00–0000 ARIYAPONG LEWIS, 000–00–0000 ANGELA L. GODEJOHN, 000–00–0000 DWIGHT H. ISAACS, 000–00–0000 DARRELL S. LEWIS, 000–00–0000 DANIEL L. GOLDING, 000–00–0000 JAMES D. JACKSON, 000–00–0000 JACOB D. LEWIS, 000–00–0000 CHARMAINE A. GONZALES, 000–00–0000 WILLIAM G. JACKSON, 000–00–0000 KELLY J. LEWIS, 000–00–0000 TRAVIS N. GOOD, 000–00–0000 MOONI JAFAR, 000–00–0000 DENNIE M. LIGHTLE, 000–00–0000 LINDA M. GOODE, 000–00–0000 MATTHEW D. JARMAN, 000–00–0000 JONATHAN M. LILLIENDAHL, 000–00–0000 TODD M. GOODWIN, 000–00–0000 JAMES R. JARRETT, 000–00–0000 ERIC K. LIND, 000–00–0000 KINBERLY A. GRAHAM, 000–00–0000 CARL D. JEWETT, 000–00–0000 PATRICK R. GRANEY, 000–00–0000 AARON L. JIMENEZ, 000–00–0000 FREDRIK M. LINDHOLM, 000–00–0000 MARK R. GRASMICK, 000–00–0000 KALEB JOHANNES, 000–00–0000 RODRICK D. LINDSEY, 000–00–0000 LINDSEY L. GRAVES, 000–00–0000 BRIAN R. JOHNSON, 000–00–0000 ROBERT D. LIPPY, 000–00–0000 KEVIN L. GRAY, 000–00–0000 CHARLES J. JOHNSON, 000–00–0000 CHARLOTTE M. LISSL, 000–00–0000 LISA G. GREEN, 000–00–0000 DACHIO M. JOHNSON, 000–00–0000 DAVID W. LITTLETON, 000–00–0000 MARY M. GREEN, 000–00–0000 DALE F. JOHNSON, 000–00–0000 ANTHONY C. LITTMANN, 000–00–0000 SHERI K. GREEN, 000–00–0000 DANIEL C. JOHNSON, 000–00–0000 JOHN A. LO, 000–00–0000 THOMAS W. GREEN, 000–00–0000 JAMES M. JOHNSON, 000–00–0000 JAMES M. LOBUE, 000–00–0000 PETER L. GREENE, 000–00–0000 MICHAEL D. JOHNSON, 000–00–0000 TRENTIS B. LOFTIES, 000–00–0000 MICHAEL R. GREENWOOD, 000–00–0000 STEVEN C. JOHNSON, 000–00–0000 KENNETH F. LOHMANN, 000–00–0000 THOMAS C. GREER, 000–00–0000 TEDDI M. JOHNSON, 000–00–0000 ERIK B. LOHRKE, 000–00–0000 GREGORY R. GRIFFIN, 000–00–0000 THADDEUS M. JOHNSON, 000–00–0000 ROBERT P. LONG II, 000–00–0000 DON E. GRIGG, 000–00–0000 TRACEY L. JOHNSON, 000–00–0000 SEAN P. LOOFBOURROW, 000–00–0000 CHRISTIAN W. GROENEVELD, 000–00–0000 JAMES P. JOHNSTON, 000–00–0000 ANDREW P. LOTH, 000–00–0000 JONATHAN M. GROENKE, 000–00–0000 ANTHONY M. JONES, 000–00–0000 CHRISTOPHER L. LUCAS, 000–00–0000 KURT P. GUIDRY, 000–00–0000 BERNARD L. JONES, 000–00–0000 TAMARA S. LUCAS, 000–00–0000 JON R. GUSTAFSON, 000–00–0000 STEVEN R. JONES, 000–00–0000 PETER J. LUCIANO, 000–00–0000 ROBERT C. GUSTAFSON, 000–00–0000 ZACHERY B. JONES, 000–00–0000 WILLIAM S. LUNT, 000–00–0000 HAROLD GUTIERREZ, 000–00–0000 JEFFREY K. JUERGENS, 000–00–0000 THEODORE C. LYNDS, 000–00–0000 MARIACRISTIN A. GUTIERREZ, 000–00–0000 JAMES J. JUSTER, 000–00–0000 DENISE C. MACCARI, 000–00–0000 BLAIR H. GUY, 000–00–0000 PRZEMYSLAW J. KACZYNSKI, 000–00–0000 OHENE O. GYAPONG, 000–00–0000 LUCAS P. KADAR, 000–00–0000 PHILLIP A. MACIAS, 000–00–0000 JEFFREY L. HAAS, 000–00–0000 MATTHEW R. KAEGEBEIN, 000–00–0000 REGINALD L. MACKEY, 000–00–0000 JESSICA A. HAAS, 000–00–0000 MATTHEW H. KANE, 000–00–0000 LAWRENCE A. MACLIN, 000–00–0000 CHRISTIAN P. HAENI, 000–00–0000 GRACE A. KANG, 000–00–0000 CLAUDINE D. MADRAS, 000–00–0000 ROBERT S. HALDEMAN, 000–00–0000 STEPHEN C. KARPI, 000–00–0000 ALBIRIO F. MADRID, 000–00–0000 DARREN R. HALE, 000–00–0000 GARRETT D. KASPER, 000–00–0000 JOHN M. MAFFI, 000–00–0000 DORI J. HALE, 000–00–0000 JOSEPH M. KASPERSKI, 000–00–0000 LORELEI M. MAGALI, 000–00–0000 LAWRENCE E. HALL, 000–00–0000 KRISTOFER A. KAZLAUSKAS, 000–00–0000 MARIA C. MAGNO, 000–00–0000 MELANIE K. HALL, 000–00–0000 RAYMOND P. KECKLER, 000–00–0000 RYAN D. MAHONEY, 000–00–0000 ANDREW S. HALY, 000–00–0000 JASON C. KEDZIERSKI, 000–00–0000 RALPH J. MAINES, 000–00–0000 DEVEONNE G. HAMILTON, 000–00–0000 KERRI L. KEEHN, 000–00–0000 TRACY L. MAINI, 000–00–0000 MAURI BATIK HAMILTON, 000–00–0000 RACHEL L. KEELER, 000–00–0000 CHRISTOPHER J. MALLON, 000–00–0000 MARIE I. HAMPTON, 000–00–0000 JAMES T. KEENE, 000–00–0000 ROBERT L. MANGIAFICO, 000–00–0000 SAMUEL Y. HANAKI, 000–00–0000 ERIK P. KEESLER, 000–00–0000 BRUCE C. MANN, 000–00–0000 BOBBY L. HAND, JR., 000–00–4752 JOSEPH A. KEIL, 000–00–0000 ROMEO A. MANZANILLA, 000–00–0000 SUSAN K. HANLEY, 000–00–0000 STUART I. KEINER, 000–00–0000 RICHARD L. MARCHAND, 000–00–0000 BRIAN P. HANSEN, 000–00–0000 ERIC S. KEISER, 000–00–0000 DAVID R. MARKLE, 000–00–0000 ERIN A. HANSEN, 000–00–0000 ANTHONY S. KELLY, 000–00–0000 MICHAEL S. MARQUEZ, 000–00–0000 ASIM HAQUE, 000–00–0000 DENNIS A. KELLY, 000–00–0000 LAURA M. MARTELLO, 000–00–0000 WILLIE F. HARBERT, 000–00–0000 SHAWN P. KELLY, 000–00–0000 ABIGAIL E. MARTER, 000–00–0000 GLYNN M. HARDEN, 000–00–0000 KEVIN M. KENNEDY, 000–00–0000 LOLA L. MARTIN, 000–00–0000 JIMMY K. HARGROVE, 000–00–0000 PAUL T. KENNEY, 000–00–0000 JASON M. HARMON, 000–00–0000 PAUL A. KESLER, 000–00–0000 FRANCISCO J. MARTINEZ, 000–00–0000 MATTHEW M. HARPER, 000–00–0000 JAN E. KETCHUM, 000–00–0000 JOE V. MARTINEZ, 000–00–0000 MICHAEL J. HARRIS, 000–00–0000 DOUGLAS S. KIEWEG, 000–00–0000 CHRISTOPHER A. MARTINO, 000–00–0000 HEATHER R. HARROLD, 000–00–0000 MICHAEL J. KILLIAN, 000–00–0000 JOSEPH M. MARTINO, 000–00–0000 DAVID T. HART, 000–00–0000 HENRY S. KIM, 000–00–0000 ERIC L. MASON, 000–00–0000 RODNEY R. HARTSELL, 000–00–0000 JOHN J. KIM, 000–00–0000 JAMES D. MASON, JR, 000–00–0000 ADRIANA M. HATCH, 000–00–0000 RAYMOND A. KIMMEL, 000–00–0000 CHARLES E. MASSIE, JR, 000–00–0000 MATTHEW A. HAWKINS, 000–00–0000 CHRISTOPHER F. KING, 000–00–0000 MATTHEW A. MATO, 000–00–0000 BRADLEY S. HAWKSWORTH, 000–00–0000 LASHAWN M. KING, 000–00–0000 CARTER J. MAURER, 000–00–0000

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 8524 Sfmt 9801 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16445

NICOLE L. MAVERSHUE, 000–00–0000 ANGEL M. PALMER, 000–00–0000 ALEJANDRO SANCHEZ, 000–00–0000 MATTHEW E. MAY, 000–00–0000 MALCOLM A. PALMORE, 000–00–0000 ANDREW SANDERS, 000–00–0000 RAY A. MC BRIDE II, 000–00–0000 ROBERT Y. PALMORE, 000–00–0000 KARREY D. SANDERS, 000–00–0000 TAMSEN A. MC CABE, 000–00–0000 PAUL R. PAMPURO, 000–00–0000 MICHAEL H. SANDERS, 000–00–0000 JULIE A. MC CARTHY, 000–00–0000 AUGUST M. PAGE, 000–00–0000 REGINALD D. SANDERS, 000–00–0000 DIRK K. MC CAULEY, 000–00–0000 JACK S. PARKER, JR, 000–00–0000 ANTHONY A. SANDOVAL, 000–00–0000 GRAYSON C. MC CLAIN, 000–00–0000 BRIEN K. PARRETT, 000–00–0000 KATHLEEN M. SANDOZ, 000–00–0000 LOUIS M. MC CRAY, 000–00–0000 ERIC S. PARTIN, 000–00–0000 EDWIN SANTANA, 000–00–0000 JONAS R. MC DAVIT, 000–00–0000 KEVIN G. PARTRIDGE, 000–00–0000 WILFREDO I. SANTOS, 000–00–0000 KARRICK S. MC DERMOTT, 000–00–0000 SCOTT A. PASIETA, 000–00–0000 DWAIN M. MC DOWELL, 000–00–0000 SWAPAN M. PATEL, 000–00–0000 JONATHAN D. SARGENT, 000–00–0000 JOEL T. MC FARLAND, 000–00–0000 COREY L. PATTERSON, 000–00–0000 CHRISTOPHER J. SARTON, 000–00–0000 KEVIN L. MC FARLIN, 000–00–0000 KYRA M. PATTERSON, 000–00–0000 KENNETH E. SCHEUERMANN, 000–00–0000 KRISTEN R. MC GAHA, 000–00–0000 CHRISTOPHER A. PEABODY, 000–00–0000 APRIL SCHEUNEMANN, 000–00–0000 THERESA M. MC GEE, 000–00–0000 ELENA G. PECENCO, 000–00–0000 JOHN A. SCHIAFFINO, 000–00–0000 DALE D. MC GEHEE, 000–00–0000 BRYAN S. PEEPLES, 000–00–0000 EDWARD J. SCHMIDT, 000–00–0000 JASON M. MC GUIRE, 000–00–0000 DENNIS S. PENLAND, 000–00–0000 JAMES W. SCHMITT, 000–00–0000 KATHLEEN M. MC GUIRE, 000–00–0000 ANDREW PEREZ, 000–00–0000 TOBY V. SCHNEIDER, 000–00–0000 KEVIN M. MC HUGH, 000–00–0000 STEPHEN G. PERREAULT, 000–00–0000 JOHN T. SCHOFIELD III, 000–00–0000 DUSTIN H. MC INTIRE, 000–00–0000 CHARLES L. PERRY, 000–00–0000 ERIC C. SCHREIBER, 000–00–0000 MEGEN Y. MC IVER, 000–00–0000 ESLY A. PETERS, 000–00–0000 RYAN D. SCHROEDER, 000–00–0000 ERIC B. MC LENDON, 000–00–0000 NICOLE E. PETERSON, 000–00–0000 PATRICK J. SCHUETTE, 000–00–0000 JUDSON E. MC LEVEY II, 000–00–0000 JOSEPH J. PEZZATO, 000–00–0000 JOHANNA M. SCHULTZ, 000–00–0000 DAVID P. MC MILLAN, 000–00–0000 LONNIE R. PHILLIPS, 000–00–0000 WILLIAM A. SCHULTZ, 000–00–0000 JOHN W. MC NEILL, 000–00–0000 SONDRA M. PHIPPS, 000–00–0000 AARON B. SCHWADERER, 000–00–0000 TIMOTHY P. MC NEILL, 000–00–0000 RAYMOND V. PIERIE, 000–00–0000 STACY L. SCHWARTZ, 000–00–0000 SEAN P. MC NULTY, 000–00–0000 ADAM A. PIERSON, 000–00–0000 ERIC H. MEADE, 000–00–0000 CLARENCE D. PINCKNEY, 000–00–0000 STEPHEN H. SCOTT, 000–00–0000 LEO A. MEDRANO II, 000–00–0000 ALBERT J. PIZZICA, 000–00–0000 JAMES A. SEELYE, 000–00–0000 ROBERT F. MEDVE, 000–00–0000 JUSTIN J. PLUNKETT, 000–00–0000 TRACY L. SEMONIK, 000–00–0000 DAVID B. MEIS, 000–00–0000 SEAN P. POLETE, 000–00–0000 RICHARD E. SESSOMS, 000–00–0000 MELANIE S. MENDENILLA, 000–00–0000 JONATHAN S. POLON, 000–00–0000 LINDA C. SEYMOUR, 000–00–0000 MATTHEW J. MENDEZ, 000–00–0000 ALICIA N. PONZIO, 000–00–0000 DOUGLAS K. SHAMLIN, 000–00–0000 GEORGE L. METCALF, 000–00–0000 RICKE PORTALATIN, 000–00–0000 MICHAEL T. SHARP, 000–00–0000 ERIC D. METOYER, 000–00–0000 JESSIE A. PORTER, 000–00–0000 THOMAS H. SHARPE, 000–00–0000 KENT A. MEYER, 000–00–0000 NORMAN D. PORTER, 000–00–0000 SAMUEL A. SHAW, 000–00–0000 ERIC C. MICHEL, 000–00–0000 ROBERT R. PORTER, 000–00–0000 LOUIS J. SHEARER, 000–00–0000 YUKIYO J. MIHARA, 000–00–0000 THOMAS A. POST, 000–00–0000 MARCELLE P. SHILLITO, 000–00–0000 EDMUND A. MILDER, 000–00–0000 JULIA E. POSTOLAKI, 000–00–0000 GLEN E. SIDARAS, 000–00–0000 STEVEN M. MILINKOVICH, 000–00–0000 RALPH F. POTTER, 000–00–0000 ARTHUR T. SILVER, 000–00–0000 AARON L. MILLER, 000–00–0000 CHRISTOPHER C. POWELL, 000–00–0000 CHRISTOPHER S. SIMMONS, 000–00–0000 ALFRED L. MILLER, 000–00–0000 MICHAEL F. POWER, 000–00–0000 STEPHEN E. SIMMS, 000–00–0000 CHRISTOPHER S. MILLER, 000–00–0000 MICHAEL K. POWERS, 000–00–0000 PETER M. SIWEK, 000–00–0000 JUSTIN F. MILLER, 000–00–0000 MIRANDA F. POWERS, 000–00–0000 GARRETT D. SMALL, 000–00–0000 NATHAN A. MILLER, 000–00–0000 RICHARD L. PRESTON, 000–00–0000 TODD W. MILLS, 000–00–0000 ARTHUR V. PREVATTE, 000–00–0000 VALERIE J. SMALL, 000–00–0000 ALEX R. MINTER, 000–00–0000 BRIAN M. PRICE, 000–00–0000 BRYAN L. SMITH, 000–00–0000 DANIEL M. MIRELEZ, 000–00–0000 JOHN S. PRICE, 000–00–0000 CHRISTOPHER M. SMITH, 000–00–0000 CHAD J. MIRT, 000–00–0000 NATHANAEL B. PRICE, 000–00–0000 DANIEL A. SMITH, 000–00–0000 JEFFREY L. MISHAK, 000–00–0000 SAMMIE PRINGLE, 000–00–0000 EMANUEL K. SMITH III, 000–00–0000 PATRICK J. MONAGHAN, 000–00–0000 DAVID C. PRITCHETT, 000–00–0000 JAN G. SMITH, 000–00–0000 FRANCESA A. MONCION, 000–00–0000 ETHAN R. PROPER, 000–00–0000 KATHLEEN R. SMITH, 000–00–0000 RENE J. MONCION, 000–00–0000 SCOTT L. PROPST, 000–00–0000 KENNETH SMITH, 000–00–0000 CHRISTOPHER J. MONDZELEWSKI, 000–00–0000 JAMES N. PUTNAM III, 000–00–0000 LISA D. SMITH, 000–00–0000 AMY E. MONROE, 000–00–0000 ANDRE R. PYATT, 000–00–0000 MICHAEL A. SMITH, 000–00–0000 CHRISTOPHER R. MONROE, 000–00–0000 JOHN M. QUILLINAN, 000–00–0000 MICHAEL S. SMITH, 000–00–0000 AMANDA E. MONTGOMERY, 000–00–0000 ROBERT J. RACE, 000–00–0000 RAMONA L. SMITH, 000–00–0000 IVORY J. MONTGOMERY, 000–00–0000 JOSEPH P. RADELL, 000–00–0000 VICTOR E. SMITH, 000–00–0000 JOHN A. MONTIJO, 000–00–0000 BRIAN E. RAFACZ, 000–00–0000 TIMOTHY M. SNAVELY, 000–00–0000 ALEXANDER M. MOORE, 000–00–0000 ROSANNA L. RAGADIO, 000–00–0000 DAVID T. SNEE, 000–00–0000 MATTHEW G. MOORE, 000–00–0000 HOLLY L. RAGLAND, 000–00–0000 MICHAEL Y. SNELLING, 000–00–0000 PAULO A. MORALES, 000–00–0000 RONNIE B. RAGUINI, 000–00–0000 JEFFREY L. SNYDER, 000–00–0000 LEONARD D. MORAVEK, 000–00–0000 JOHN G. RAISBECK, 000–00–0000 JEFFREY Z. SNYDER, 000–00–0000 ANTHONY MORELLI, 000–00–0000 CHRISTOPHER A. RAKOV, 000–00–0000 TODD E. SNYDER, 000–00–0000 ELIZABETH J. MORGA, 000–00–0000 JOEL C. RAMSBORG, 000–00–0000 MARK D. SOHANEY, 000–00–0000 NATHAN A. MORGAN, 000–00–0000 BOWEN W. RANNEY, 000–00–0000 THOMAS B. SONG, 000–00–0000 BRIAN A. MORRIS, 000–00–0000 NATESH A. RAO, 000–00–0000 GREGORY L. MORRIS, 000–00–0000 DAVID M. RAY, 000–00–0000 ATTAPOL SOOKMA, 000–00–0000 KENNETH A. MORRIS, 000–00–0000 THOMAS N. RAY, JR, 000–00–0000 EDWARD G. SORRELL, 000–00–0000 JAMES O. MORSE, 000–00–0000 DAVID A. READ 000–00–0000 MICHELLE G. SOUTHARD, 000–00–0000 JERRY E. MORTUS, 000–00–0000 JOHN D. REARDON 000–00–0000 MICHAEL T. SPADAZZI, 000–00–0000 MICHAEL C. MOSBRUGER, 000–00–0000 DAVID M. REED, 000–00–0000 SUSAN B. SPERLIK, 000–00–0000 SAMUEL R. MOSER, 000–00–0000 ERIC D. REHBERG, 000–00–0000 LOUIS V. SPICCIATI, JR, 000–00–0000 ANDREA M. MOSLEY, 000–00–0000 CHRISTINA M. REID, 000–00–0000 PHILIPP D. SPILLER, JR, 000–00–0000 JENNIFER K. MRAW, 000–00–0000 CHAD D. REITHMEIER, 000–00–0000 JOHN E. STAFFORD, 000–00–0000 CHRISTOPHER W. MUEHLEBACH, 000–00–0000 ROBERT H. REITZ, 000–00–0000 SHERRILL D. STAMEY, 000–00–0000 THOMAS J. MUENSTER, 000–00–0000 STEPHEN C. RENDALL, 000–00–0000 EDWARD A. STANCZAK, 000–00–0000 EDWARD B. MUHLNER, 000–00–0000 ELIZA REYES, 000–00–0000 SHAWN B. STANDLEY, 000–00–0000 MATTHEW J. MULCAHY, 000–00–0000 EUGENE H. RHIE, 000–00–0000 VERNON H. STANFIELD, 000–00–0000 KENNETH D. MURRAY, 000–00–0000 ERIC A. RICE, 000–00–0000 MATT T. STANTON, 000–00–0000 THOMAS E. MYERS, 000–00–0000 RONALD P. RICH, 000–00–0000 DAVID L. STEBBINS, 000–00–0000 MELVIYN N. NAIDAS, 000–00–0000 WILLIAM C. RICHARDSON, 000–00–0000 CHRISTOPHER R. STECKLING, 000–00–0000 RYAN L. NATIONS, 000–00–0000 LUIS J. RIOSECO, 000–00–0000 MICHAEL W. STEELE, 000–00–0000 BRIAN K. NEAL, 000–00–0000 MATHEW R. RITCHEY, 000–00–0000 MATTHEW J. STEENO, 000–00–0000 ERIK J. NEAL, 000–00–0000 JOHN D. RITCHIE, 000–00–0000 ROBERT J. STEFANI, 000–00–0000 JOHN G. NEEB, JR., 000–00–0000 RYAN N. RITTER, 000–00–0000 THOMAS A. STEPHEN, 000–00–0000 DARRELL L. NEELEY, 000–00–0000 MIGUEL R. RIVERA, 000–00–0000 JONATHAN T. STEPHENS, 000–00–0000 MICHAEL J. NEFF, 000–00–0000 STEPHANIE A. ROBERTS, 000–00–0000 ALGRENON T. NELSON, 000–00–0000 BARBARA L. ROBINSON, 000–00–0000 MICHAEL L. STEPHENS, 000–00–0000 JULIE A. NELSON, 000–00–0000 DARRICK F. ROBINSON, 000–00–0000 PAUL R. STEPHENSON, 000–00–0000 MICHAEL A. NELSON, 000–00–0000 JAMES T. ROBINSON, 000–00–0000 STANLEY V. STEPNOWSKI, 000–00–0000 REED B. NELSON, 000–00–0000 MICHAEL J. ROBINSON, 000–00–0000 JOSHUA C. STEVENS, 000–00–0000 GREGORY C. NEUBECKER, 000–00–0000 MUI K. ROBINSON, 000–00–0000 JOEL G. STEWART, 000–00–0000 MARK C. NEWKIRK, 000–00–0000 KARENANN B. ROBLES, 000–00–0000 STANLEY K. STEWART, 000–00–0000 JOHN L. NGUYEN, 000–00–0000 CHRISTOPHER L. ROBY, 000–00–0000 WILLIAM P. STINNEY, 000–00–0000 ANTHONY P. NICCOLI, 000–00–0000 DAVID B. ROCHE, 000–00–0000 HAROLD E. STOCKTON, 000–00–0000 MICHAEL C. NIFONTOFF, 000–00–0000 DAVID A. RODRIGUEZ, 000–00–0000 MARTIN L. STODDARD, 000–00–0000 ROGER D. NISBETT, 000–00–0000 RICHARD B. ROGERS, 000–00–0000 CARMEN N. STOKS, 000–00–0000 KRISTEN S. NOLAN, 000–00–0000 DANIEL B. ROSADO, 000–00–0000 DANIEL C. STONE, 000–00–0000 SHANE R. NOTHELFER, 000–00–0000 ANDREW A. ROSE, 000–00–0000 MATTHEW J. STONEHOUSE, 000–00–0000 BRIAN E. NOTTINGHAM, 000–00–0000 PAUL ROSEN, 000–00–0000 ALETTA M. STOUDMIRE, 000–00–0000 ROBERT C. OBERLANDER, 000–00–0000 PHILIP R. ROSI II, 000–00–0000 MATTHEW L. STOUGHTON, 000–00–0000 TERESA E. OCONNOR, 000–00–0000 BRYAN L. ROSS, 000–00–0000 CHRISTIAN A. STOVER, 000–00–0000 JAMES B. ODONE, 000–00–0000 GARY L. ROSS, 000–00–0000 DONALD W. STRASSER, 000–00–0000 LANE H. OGAWA, 000–00–0000 JOHN E. ROTTER, 000–00–0000 DANIEL G. STRAUB, 000–00–0000 MICHAEL S. OHARE, 000–00–0000 JAMES H. ROWBOTTOM, 000–00–0000 FRANK S. STRAZZULLA, 000–00–0000 RONNIE OKIALDA, 000–00–0000 ERIC J. ROZEK, 000–00–0000 KYLE G. STRUDTHOFF, 000–00–0000 STEPHEN R. OKRESIK, 000–00–0000 THOMAS A. RUFFO, 000–00–0000 KENNETH A. STUBERT, 000–00–0000 CHRISTOPHER L. OLSON, 000–00–0000 ROBERT F. RULOF, 000–00–0000 JEFFREY D. STURM, 000–00–0000 JOSHUA J. OLSON, 000–00–0000 RICHARD C. RUSS, 000–00–0000 KRISTIAN C. OLSON, 000–00–0000 CHARLES R. RUSSELL, 000–00–0000 AARON D. SULLIVAN, 000–00–0000 BRIAN S. ONEILL, 000–00–0000 THOMAS F. RYAN, 000–00–0000 ANDREW J. SULLIVAN, 000–00–0000 CHRISTOPHER ORLOWSKI, 000–00–0000 RUSSELL C. RYBKA, 000–00–0000 RYAN M. SULLIVAN, 000–00–0000 STEVEN E. OSELAND, 000–00–0000 AMY D. SAARE, 000–00–0000 SHANE F. SULLIVAN, 000–00–0000 NELL A. OSGOOD, 000–00–0000 JASON R. SALEMME, 000–00–0000 TIMOTHY M. SULLIVAN, 000–00–0000 MICHAEL R. OVERFIELD, 000–00–0000 CHERYL J. SALTSMAN, 000–00–0000 PAUL P. SUMAGAYSAY, 000–00–0000 JAMES K. OVERMOYER, 000–00–0000 ROBERT A. SALVIA, 000–00–0000 BRUCE J. SUTHERLAND III, 000–00–0000 NOMER R. OYTAS, 000–00–0000 JERRY D. SALYER, 000–00–0000 CHRISTOPHER L. SUTHERLAND, 000–00–0000 JOSEPH F. PAGE, 000–00–0000 BENJAMIN A. SAMUEL, 000–00–0000 ROBERT M. SWAHN, 000–00–0000

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 8524 Sfmt 9801 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16446 CONGRESSIONAL RECORD — SENATE October 31, 1995

TORY J. SWANSON, 000–00–0000 KIMBERLY D. WINCKLER, 000–00–0000 JAMES J. CAMPBELL, 000–00–0000 SHAUN A. SWARTZ, 000–00–0000 THOMAS R. WINKLER, 000–00–0000 JAN M. CAMPLIN, 000–00–0000 MARK M. SWEENEY, 000–00–0000 DAVID S. WINTER, 000–00–0000 DANA E. CARDEN, 000–00–0000 WILLIAM A. SWICK, 000–00–0000 FRANK J. WIRTZ, 000–00–0000 FRANK R. CARLINI, 000–00–0000 KAIL C. SWINDLE, 000–00–0000 MICHAEL P. WISCHNEWSKI, 000–00–0000 FLOYD P. CARLTON, 000–00–0000 LESLEY N. SWINT, 000–00–0000 REBECCA G. WISE, 000–00–0000 ROBERT D. CARMAN, 000–00–0000 STEPHEN H. SWITZER, 000–00–0000 HEATHER L. WISHART, 000–00–0000 JAMES B. CARY, 000–00–0000 JESSICA M. SZPOT, 000–00–0000 KAMAU O. WITHERSPOON, 000–00–0000 GARY E. CATHCART, 000–00–0000 JOSHUA M. TABOR, 000–00–0000 CHERYL ANNE WOEHR, 000–00–0000 BENJAMIN D. CATHERS, 000–00–0000 NANCY E. TALBOT, 000–00–0000 JAMES J. WOJTOWICZ, 000–00–0000 KENNETH L. CHAMPION, 000–00–0000 MATTHEW R. TAMBOURINE, 000–00–0000 IAN S. WOLFE, 000–00–0000 FRANK H. CHAPMAN, 000–00–0000 BRIAN J. TANAKA, 000–00–0000 CLAYTON C. WOLKING, 000–00–0000 JAMES E. CHAPMAN, 000–00–0000 PAUL M. TATE, 000–00–0000 JENNIFER L. WONG, 000–00–0000 RONALD S. CHASTAIN, 000–00–0000 MATTHEW A. TATTAR, 000–00–0000 ALEXANDER D. WOOD, 000–00–0000 CHARLES W. TAYLOR, 000–00–0000 JASON M. WOOD, 000–00–0000 DAN V. CHISHOLM, 000–00–0000 COLLEEN A. TAYLOR, 000–00–0000 PETER P. WOOD, 000–00–0000 JAMES H. CHISMAN, 000–00–0000 LISA M. TAYLOR, 000–00–0000 STEVEN J. WOODRUFF, 000–00–0000 CRAIG, CHRISTENSEN, 000–00–0000 RICHARD D. TEMER, 000–00–0000 GERALD D. WOODS, 000–00–0000 STEPHE CHRISTENSON, 000–00–0000 NATHAN W. TEMPLE, 000–00–0000 MICHAEL D. WOODS, 000–00–0000 CHARLES L. CLARK, 000–00–0000 DONALD I. TENNEY, 000–00–0000 JOSHUA P. WRIGHT, 000–00–0000 RAYMOND C. CLARK, 000–00–0000 JAMES J. TERRY, 000–00–0000 PATRICIA A. WRIGHT, 000–00–0000 RAYMOND J. CLARK, 000–00–0000 TRAVIS T. TESCH, 000–00–0000 SHAUNN B. WYCHE, 000–00–0000 ROBERT E. CLARK, 000–00–0000 PATRICIA L. TESTON, 000–00–0000 TIMOTHY J. WYSE, 000–00–0000 MICHAEL J. CLEARY, 000–00–0000 ANTHONY W. THOMAS, 000–00–0000 SCOTT A. YACH, 000–00–0000 MICHAEL L. CLEARY, 000–00–0000 DENYSE M. THOMAS, 000–00–0000 THOMAS E. YARDLEY, 000–00–0000 WILLIAM C. CLEMENTE, 000–00–0000 JOSEPH M. THOMAS, 000–00–0000 JOHN T. YEARY, 000–00–0000 RICK R. CLIFT, 000–00–0000 MICHAEL E. THOMAS, 000–00–0000 ERIC S. YOUNG, 000–00–0000 SCOTT P. THOMAS, 000–00–0000 ROY M. COFFMAN, 000–00–0000 STANLEY B. YOUNG, 000–00–0000 SEAN J. THOMAS, 000–00–0000 JOHN S. COLEMAN, 000–00–0000 DAVID A. YOVANNO, 000–00–0000 COREY E. THOMPSON, 000–00–0000 DAN M. COLGLAZIER, 000–00–0000 STEVEN J. ZACCARI, 000–00–0000 CYNTHIA A. THOMPSON, 000–00–0000 RICHARD R. COLSON, 000–00–0000 THOMAS A. ZDUNCZYK, 000–00–0000 JOHN A. THOMPSON, 000–00–0000 WILLIAM D. COLVIN, 000–00–0000 RYAN G. ZERVAKOS, 000–00–0000 JAMIE D. THOMTON, 000–00–0000 JOHN W. CONLEY, 000–00–0000 JAMES J. ZIMMERMAN, 000–00–0000 JAMES P. THURMAN, 000–00–0000 LARRY J. CONNOLLY, 000–00–0000 JOSEPH A. ZIRNHELT, 000–00–0000 JAMES E. TIDWELL, 000–00–0000 WILLIAM L. CONWAY, 000–00–0000 ROBERT L. ZIRZOW, 000–00–0000 MICHAEL E. TIEFENBACH, 000–00–0000 PETER S. COOKE, 000–00–0000 BENJAMIN D. ZITTERE, 000–00–0000 JEFFREY C. TILLMAN, 000–00–0000 JAMES E. CORFMAN, 000–00–0000 MICHAEL D. TIMMCKE, 000–00–0000 IN THE ARMY ENRIQUE COSTAS, 000–00–0000 JOSEPH W. TIRRELL, 000–00–0000 PAUL D. COSTILOW, 000–00–0000 THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN JANINE R. TOMPKINS, 000–00–0000 AUDREY M. COTTON, 000–00–0000 BRENT K. TORNGA, 000–00–0000 THE RESERVE OF THE ARMY, UNDER THE PROVISIONS NORMAN J. COX, JR., 000–00–0000 AMY L. TRAIL, 000–00–0000 OF TITLE 10, UNITED STATES CODE, SECTIONS 12203(A) RONALD C. COX, 000–00–0000 CHAD E. TRAXLER, 000–00–0000 AND 3370: WILLIAM A. CRAGG, 000–00–0000 JOSEPH C. TREVINO, 000–00–0000 WESLEY E. CRAIG, 000–00–0000 THEODORE M. TREVINO, 000–00–0000 ARMY PROMOTION LIST CRAIG W. CRANE, 000–00–0000 MARIE M. TRICKEL, 000–00–0000 To be colonel MATTHEW W. TUFTE, 000–00–0000 STEWART M. CRANE, 000–00–0000 ALLON G. TUREK, 000–00–0000 VIRGIL A. ABEL, 000–00–0000 JAMES D. CREEK, 000–00–0000 THOMAS C. TUREK, 000–00–0000 CRAIG T. ABINGTON, 000–00–0000 WILLIAM E. CROCK, 000–00–0000 ANTHONY J. TURNER, 000–00–0000 DALE M. ABRAHAMSON, 000–00–0000 TINA Y. CUNNINGHAM, 000–00–0000 CAROL L. TURNER, 000–00–0000 ROBERT A. ADAMS, 000–00–0000 JOSEPH S. CZYZYK, 000–00–0000 JOHN D. TUTWILER, 000–00–0000 EDWARD D. AGER, 000–00–0000 COLOMBA A. DANGELO, 000–00–0000 MATTHEW E. TWYFORD, 000–00–0000 DANIEL R. ALLEMEIER, 000–00–0000 DOUGLAS W. DANIEL, 000–00–0000 STEVEN A. TYLER, 000–00–0000 ROGER L. ALLEN, 000–00–0000 MARK C. DANIELS, 000–00–0000 THOMAS A. ULMER, 000–00–0000 ROBERT P. ALLISON, 000–00–0000 ROBERT P. DANIELS, 000–00–0000 CHRISTOPHER M. URBAN 000–00–0000 WILLIAM ALTGILBERS, 000–00–0000 PHILLIP L. DAVIDSON, 000–00–0000 GRAYDON S. UYEDA, 000–00–0000 JAMES R. ANDERSON, 000–00–0000 ALLEN DAVIS III, 000–00–0000 CHRISTOPHER J. VALDIVIA, 000–00–0000 NORMAN H. ANDERSSON, 000–00–0000 HARRY G. DAVIS, 000–00–0000 IAN M. VALECRUZ, 000–00–0000 JOHN J. ANZIDEI, 000–00–0000 JOSEPH M. DAVIS, 000–00–0000 ALEXANDER VALENTIN, 000–00–0000 NORMAN E. ARFLACK, 000–00–0000 THOMAS C. DAVIS, 000–00–0000 TOBY S. VALKO, 000–00–0000 RAYMOND V. AULL, 000–00–0000 WORTHEN A. DAVIS, 000–00–0000 AMY E. VANCE, 000–00–0000 MICHAEL A. BAILEY, 000–00–0000 HERMAN M. DEENER, 000–00–0000 DAVID J. VANDYKE, 000–00–0000 DOLAS D. BAIN, 000–00–0000 WILLIAM L. DEETZ, 000–00–0000 ERIC J. VANDYKE, 000–00–0000 ROBERT L. BAIRD, 000–00–0000 GARY E. DEKAY, 000–00–0000 NOU VANG, 000–00–0000 DENISE N. BAKEN, 000–00–0000 RICHARD B. DELGADO, 000–00–0000 JACKSON W. VAUGHN, 000–00–0000 ROBERT V. BALDWIN, 000–00–0000 TONY J. DEMASI, 000–00–0000 WOLFGANG J. VELASCO, 000–00–0000 EDWARD H. BALLARD, 000–00–0000 RICARDO VIGIL, 000–00–0000 JOSEPH E. BALLAS, 000–00–0000 ROBERT B. DICKSON, 000–00–0000 DEBORAH D. VILAYPHANH, 000–00–0000 RICHARD A. BALLIET, 000–00–0000 ANTHONY DICORLETO, 000–00–0000 ROSS R. VILLANUEVA, 000–00–0000 WILLIAM BARKER, 000–00–0000 GERALD A. DIGREZIO, 000–00–0000 FAYE L. VODICKA, 000–00–0000 WILLIAM B. BARKER, 000–00–0000 TIMOTHY DILLIPLANE, 000–00–0000 EDWARD F. VOELSING, 000–00–0000 RONALD F. BARNES, 000–00–0000 VINCENT L. DODSON, 000–00–0000 BRADFORD S. VOLK, 000–00–0000 HARVEY BARRISON, 000–00–0000 RALPH E. DOMAS, 000–00–0000 R.B. WADDELL, 000–00–0000 JOHN H. BAUMAN, 000–00–0000 RICHARD G. DONOGHUE, 000–00–0000 DAVID J. WALKER, 000–00–0000 IVAN T. BEACH, 000–00–0000 PAUL L. DOPPEL, 000–00–0000 DAVID A. WALKER, JR, 000–00–0000 PAUL M. BEAVER, 000–00–0000 JIMMY E. DOUGLAS, 000–00–0000 SHANNAN A. WALKER, 000–00–0000 DWAYNE C. BECKFORD, 000–00–0000 RONALD O. DOWNEY, 000–00–0000 WILLIAM L. WALKER, 000–00–0000 IVAN V. BEGGS, 000–00–0000 DONALD W. DRASHEFF, 000–00–0000 JOHN F. WALSER, JR, 000–00–0000 LOUIS A. BENIAMINO, 000–00–0000 MARTIN C. DUNBAR, 000–00–0000 MICHAEL J. WALSH, 000–00–0000 RODGER E. BENROTH, 000–00–0000 MICHAEL H. DUNFIELD, 000–00–0000 KIMBERLY A. WALTERS, 000–00–0000 TERRY W. BENSON, 000–00–0000 NANCY M. DUNN, 000–00–0000 TERRY R. WAMSLEY, 000–00–0000 JOHN C. BERNATZ, 000–00–0000 JOSEPH P. DUNNE, 000–00–0000 LATEEF T. WARNICK, 000–00–0000 JOSE BERRIOS, 000–00–0000 MARTIN F. DUNNE, 000–00–0000 WILLIAM K. WARREN, 000–00–0000 MARTIN H. BEST, 000–00–0000 DONALD D. DURHAM, 000–00–0000 LAKINA A. WASHINGTON, 000–00–0000 STEVEN P. BEST, 000–00–0000 DAVID W. EASTON, 000–00–0000 JASON L. WATKINS, 000–00–0000 KENT M. BEVAN, 000–00–0000 STANLEY B. ECKLEY, 000–00–0000 LANDRY S. WATSON, 000–00–0000 JAMES A. BEVIS, 000–00–0000 GLENN H. EDDINS, 000–00–0000 STEVEN T. WEATHERLY, 000–00–0000 PARK P. BIERBOWER, 000–00–0000 AMY B. WEBB, 000–00–0000 RUSSELL V. BIERL, 000–00–0000 MARK E. ELDRIDGE, 000–00–0000 GODFREY D. WEEKES, 000–00–0000 TERRY G. BLAKEMORE, 000–00–0000 JOHN L. ENRIGHT, 000–00–0000 WILLIAM H. WEILAND, 000–00–0000 ROBERT E. BOIVIN, 000–00–0000 WILLIAM ETHEREDGE, 000–00–0000 ERIC R. WELCH, 000–00–0000 CURTIS R. BOREN, 000–00–0000 GARY B. EVANS, 000–00–0000 SHANNON J. WELLS, 000–00–0000 DARWIN G. BOSTIC, 000–00–0000 LARRY E. FAGERSTEN, 000–00–0000 BRIAN E. WELSH, 000–00–0000 WILLIAM J. BOVER, 000–00–0000 NOLAND M. FARMER, 000–00–0000 WILLIAM W. WERTZ, 000–00–0000 DONALD W. BOYKIN, 000–00–0000 THOMAS N. FEASKI, 000–00–0000 ANDREA L. WESTERHOF, 000–00–0000 CARL W. BRAMLITT, 000–00–0000 JOHN R. FENIMORE, 000–00–0000 STEVEN C. WHEAR, 000–00–0000 LARRY J. BRANDT, 000–00–0000 ALBERT FITZGERALD, 000–00–0000 EUGENE B. WHITE, 000–00–0000 JOHN M. BRAUN, 000–00–0000 CHARLES E. FLEMING, 000–00–0000 FREDERICK C. WHITNEY, 000–00–0000 JOHN D. BRIDGERS, 000–00–0000 NICHOLAS FLETCHER, 000–00–0000 ARCELIA WICKER, 000–00–0000 JOHN C. BRIGHTON, 000–00–0000 ROBERT D. FOLEY, 000–00–0000 JAMES D. WIGHT, 000–00–0000 RICHARD W. BRINKER, 000–00–0000 OTIS W. FOX, 000–00–0000 TROY E. WILCOX, 000–00–0000 WILLARD BROADWATER, 000–00–0000 KENT M. FREISE, 000–00–0000 THOMAS J. WILEY, 000–00–0000 DOUGLAS K. BROWELL, 000–00–0000 DAVID FRIDLINGTON, 000–00–0000 TIMOTHY B. WILKE, 000–00–0000 DONALD L. BROWN, 000–00–0000 MICHAEL J. FRIEDL, 000–00–0000 DEMETRIUS WILKINS, 000–00–0000 RONALD B. BROWN, 000–00–0000 ROBERT G. FRITZ, 000–00–0000 CHRISTOPHER J. WILLIAMS, 000–00–0000 THOMAS W. BROWN, 000–00–0000 STUART C. FROEHLING, 000–00–0000 DONALD P. WILLIAMS, 000–00–0000 JAMES G. BRUMIT, 000–00–0000 ALAN K. FRY, 000–00–0000 HEATHER M. WILLIAMS, 000–00–0000 RICHARD R. BUCHANAN, 000–00–0000 ROBERT E. FULLEM, 000–00–0000 JASON C. WILLIAMS, 000–00–0000 BRUCE M. BUCHHOLTZ, 000–00–0000 WILLIAM R. FURR, 000–00–0000 JEFFREY S. WILLIAMS, 000–00–0000 ELBERT T. BUCK, 000–00–0000 LUCY K. WILLIAMS, 000–00–0000 LARRY R. BULLOCK, 000–00–0000 JOHN D. GAINES, 000–00–0000 MARLON WILLIAMS, 000–00–0000 WILLIAM K. BURNS, 000–00–0000 CHRISTOPH GALLAVAN, 000–00–0000 DARRELL J. WILSON, 000–00–0000 CHESTER L. BUSH, 000–00–0000 BERRY L. GAMBRELL, 000–00–0000 ELY C. WILSON, 000–00–0000 GEORGE E. BUSH, JR., 000–00–0000 DONNIE F. GARRETT, 000–00–0000 ENID WILSON, 000–00–0000 CAREY B. BUSSEY, 000–00–0000 GUY A. GIANCARLO, 000–00–0000 JOSHUA B. WILSON, 000–00–0000 FULTON W. BYNUM, 000–00–0000 CHARLES E. GIBSON, 000–00–0000 KURT E. WILSON, 000–00–0000 DAVID L. CAIN, 000–00–0000 BENJAMIN GIGLIOTTI, 000–00–0000 MICHAEL D. WILSON, 000–00–0000 JOHN L. CAIRER, JR., 000–00–0000 GLENN D. GILLETT, 000–00–0000 STEPHEN M. WILSON, 000–00–0000 MARC T. CALLAN, 000–00–0000 ROBERT E. GODWIN, 000–00–0000

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 8524 Sfmt 9801 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS October 31, 1995 CONGRESSIONAL RECORD — SENATE S16447

EDWARD A. GOLDSMITH, 000–00–0000 MICHAEL A. MARTIN, 000–00–0000 ROBERT S. PRITCHETT, 000–00–0000 JOHN S. GONG, 000–00–0000 MICAHEL T. MASNIK, 000–00–0000 JOHN S. PRIZNER, 000–00–0000 MICHAEL R. GONZALES, 000–00–0000 DAVID J. MASON, 000–00–0000 WILLIAM H. PUGH, 000–00–0000 RONALD M. GRAHAM, 000–00–0000 KENNETH R. MATLOCK, 000–00–0000 GARY A. QUICK, 000–00–0000 TYRONE L. GRAHAM, 000–00–0000 RICHARD G. MAXON, 000–00–0000 DAVID W. RAES, 000–00–0000 CHARLES T. GRANADE, 000–00–0000 JAMES A. MAYER, 000–00–0000 ERVIN RAMOSMOLL, 000–00–0000 CURTIS GRANDSTAFF, 000–00–0000 MATTHEW J. MC CABE, 000–00–0000 WILLIAM B. RANEY, 000–00–0000 VIRGIL S. GRAY, 000–00–0000 DENNIS, MC CAFFERTY, 000–00–0000 JOHN RATZENBERGER, 000–00–0000 LARRY A. GREENE, 000–00–0000 DANNICE J. MC CANN, 000–00–0000 ROBERT D. RAYBOURN, 000–00–0000 JAMES N. GREENWOOD, 000–00–0000 RAMOND C. MC CANN, 000–00–0000 DAVID E. GREER, 000–00–0000 WILLIAM MC DERMOTT, 000–00–0000 ROBERT E. REED, 000–00–0000 DAVID J. GRIFFITH, 000–00–0000 NATHANIEL MC GEE, 000–00–0000 VINCENT P. REEFER, 000–00–0000 WILLIAM C. GRIMES, 000–00–0000 JEFFREY L. MC GOWAN, 000–00–0000 PAULA D. RENSHAW, 000–00–0000 WILLIAM E. GROWNEY, 000–00–0000 STEVEN C. MC NABB, 000–00–0000 RONALD J. RENSKI, 000–00–0000 MARLIN T. GUILD, 000–00–0000 RICHARD MC REYNOLDS, 000–00–0000 ARNOLD RETHEMEIER, 000–00–0000 ROBERT M. HALL, 000–00–0000 RONALD E. MC ROBERTS, 000–00–0000 ANDREW RICHARDSON, 000–00–0000 FRANK H. HAMILTON, 000–00–0000 JIM F. MELTON, 000–00–0000 HENRY B. RICHARDSON, 000–00–0000 GLENN C. HAMMOND, 000–00–0000 DENIS L. MERCHANT, 000–00–0000 RAYNOR J. RICKS, 000–00–0000 MARK E. HAMMOND, 000–00–0000 STEVEN L. MESSERVY, 000–00–0000 WILLIAM J. RIDLEY, 000–00–0000 GREGG A. HANSEN, 000–00–0000 MICHAEL R. MISSINA, 000–00–0000 DONALD G. RINGEL, 000–00–0000 ROBERT E. HARRIS, 000–00–0000 JOSEPH W. MEYER, 000–00–0000 ANGEL M. RIVERA, 000–00–0000 MICHAEL W. HARTLEY, 000–00–0000 BENJA MIERZEJEWSKI, 000–00–0000 RAY L. ROBINSON, 000–00–0000 DONALD A. HAUS, 000–00–0000 JOSEPH J. MIKA, 000–00–0000 TERRY L. ROBINSON, 000–00–0000 PAUL HAVEY, 000–00–0000 DON M. MILLER, 000–00–0000 JOHN M. ROCCO, 000–00–0000 LARRY G. HAYES, 000–00–0000 PHILLIP W. MILLER, 000–00–0000 R. E. ROGERS, JR., 000–00–0000 GEORGE J. HEID, 000–00–0000 DENNIS K. MINER, 000–00–0000 JOHN C. ROGGOW, 000–00–0000 RODNEY C. HENELY, 000–00–0000 ROBERT D. MINTON, 000–00–0000 ROBERT E. HENSON, 000–00–0000 GEORGE MISERENDINO, 000–00–0000 JAMES L. ROHRBAUGH, 000–00–0000 REINALDO HERRERO, 000–00–0000 DAVID C. MITCHELL, 000–00–0000 JOHN L. ROMAN, 000–00–0000 JOHN B. HERSHMAN, 000–00–0000 GREIG W. MITCHELL, 000–00–0000 THOMAS A. ROMAN, 000–00–0000 OSCAR B. HILMAN, 000–00–0000 VERN T. MIYAGI, 000–00–0000 TONEY L. ROMANS, 000–00–0000 GERALDINE M. HINCE, 000–00–0000 JES MOLANOCARDENAS, 000–00–0000 ALAN D. ROSENBAUM, 000–00–0000 LEON E. HOLBROOK, 000–00–0000 ROBERT A. MOLIN, 000–00–0000 MICHAEL J. ROSS, 000–00–0000 BENNIE J. HOLMES, 000–00–0000 JAMES H. MONTGOMERY, 000–00–0000 ARTHUR ROVINS, 000–00–0000 JAMES W. HOPPER, 000–00–0000 MICHAEL MONTGOMERY, 000–00–0000 JAMES R. ROWLAND, 000–00–0000 JOHN G. HULET, 000–00–0000 MARK A. MONTJAR, 000–00–0000 SANDRA A. ROWLEY, 000–00–0000 DONALD W. HULL, 000–00–0000 MICHAEL W. MOODY, 000–00–0000 MICHAEL L. RUBICH, 000–00–0000 ERIN A. HURD, 000–00–0000 BRUCE D. MOORE, 000–00–0000 LEONARD RUOTOLO, 000–00–0000 VIRGIL L. IIAMS, 000–00–0000 DRUE B. MOORE, JR., 000–00–0000 JAMES A. RUSSELL, 000–00–0000 WILLIAM E. INGRAM, 000–00–0000 JOHN B. MOORE, JR., 000–00–0000 ROGER D. RUSSELL, 000–00–0000 ARLYN R. IRION, 000–00–0000 RICHARD A. MOORE, 000–00–0000 WILLIAM L. RUSSELL, 000–00–0000 JOHN C. IRVINE, 000–00–0000 WILLIAM R. MOORE, 000–00–0000 RICHARD R. RUST, 000–00–0000 CLIBURN D. IZARD, 000–00–0000 ANDREW J. MORAN, 000–00–0000 DAVID W. RUTHERFORD, 000–00–0000 RAYMOND A. JACKSON, 000–00–0000 GLENN H. MORGAN, 000–00–0000 ROBERT A. SALVIANO, 000–00–0000 PAUL E., JENSEN, 000–00–0000 TERRY MORGAN, 000–00–0000 RALPH K. JOHNS, 000–00–0000 RAYMOND A. MORRIS, 000–00–0000 TIMOTHY J. SANKEN, 000–00–0000 L.Z. JOHNSON, 000–00–0000 MICHAEL J. MORRISON, 000–00–0000 MICH SANTARCANGELO, 000–00–0000 MARTIN R. JOHNSON, 000–00–0000 PHILIP J. MORRISS, 000–00–0000 DAVID L. SAYLORS, 000–00–0000 MICHAEL JOHNSON, 000–00–0000 RICHARD R. MORSE, 000–00–0000 CHRISTOP SCAGNETTI, 000–00–0000 WILLIAM H. JOHNSON, 000–00–0000 JOHN D. MUCHOW, 000–00–0000 DAVID A. SCHAUER, 000–00–0000 ROBERT P. JOHNSTON, 000–00–0000 STEVEN J. MURA, 000–00–0000 DARRLY K. SCHEFFEL, 000–00–0000 JACK F. JONES, 000–00–0000 SARA J. MURPHY, 000–00–0000 SHAWN N. SCHERTZER, 000–00–0000 PAUL G. JONES, 000–00–0000 MARK P. MURRAY, 000–00–0000 NORMAN P. SCHIEKE, 000–00–0000 TERRY D. JONES, 000–00–0000 FRANK W. MYERS, 000–00–0000 JAMES A. SCHILLER, 000–00–0000 TIMONTHY D. JONES, 000–00–0000 JONATHAN H. MYERS, 000–00–0000 DANIEL L. SCHLIMGEN, 000–00–0000 MICHAEL JORGENSEN, 000–00–0000 RICHARD C. NASH, 000–00–0000 RICHARD T. SCHNELL, 000–00–0000 JOHN R. JUMP, 000–00–0000 JOHN L. NATTERSTAD, 000–00–0000 JOSEF SCHROEDER, 000–00–0000 THOMAS M. JURKOWSKI, 000–00–0000 JOSEPH F. NEDER, 000–00–0000 TERRY J. SCHROEDER, 000–00–0000 JOSEPH H. JUST, 000–00–0000 GERARD B. NERY, JR., 000–00–0000 GREGORY D. SCHRUBBE, 000–00–0000 WILLIAM V. KANE, 000–00–0000 RICHARD J. NESKE, 000–00–0000 FREDERI SCHUMACHER, 000–00–0000 GEORGE KANTOR, JR., 000–00–0000 BOBBY C. NEW, 000–00–0000 ROBERT W. SCHUPP, 000–00–0000 STEVEN A. KAVANAUGH, 000–00–0000 ROBERT M. NEWBERT, 000–00–0000 DONALD D. SCHUSTER, 000–00–0000 ROSS S. KELLY, 000–00–0000 DANA L. NEWCOMB, 000–00–0000 SAMUEL L. SCHUTTE, 000–00–0000 TERRY G. KEMP, 000–00–0000 CHARLES E. NEWPORT, 000–00–0000 RICHARD D. SCHWARK, 000–00–0000 TIMOTHY M. KENDALL, 000–00–0000 ARTHUR NICHOLS, JR., 000–00–0000 GUSTAVU SCHWARTING, 000–00–0000 TIMOTHY M. KENNEDY, 000–00–0000 JAMES M. NIELSEN, 000–00–0000 ROGER A. SCHWARTZ, 000–00–0000 JOHN H. KERN, 000–00–0000 JOHN C. NODGAARD, 000–00–0000 REED J. KIMBALL, 000–00–0000 JACK E. NOEL, 000–00–0000 LAWRENCE J. SCHWARZ, 000–00–0000 KIM. KIMMEY, 000–00–0000 J.W. NOLES, 000–00–0000 GARTH T. SCISM, 000–00–0000 JAMES E. KIRKWOOD, 000–00–0000 VINCENT F. OCONNELL, 000–00–0000 MICHAEL SEBASTIAN, 000–00–0000 HERMAN G. KIRVEN, 000–00–0000 GERARD A. OCZEK, 000–00–0000 CHARLES E. SECREST, 000–00–0000 LARRY A. KIVIOJA, 000–00–0000 ALLEN W. ODELL, 000–00–0000 JAMES P. SEWELL, 000–00–0000 MICHAEL. KLAPPHOLZ, 000–00–0000 HERSHELL ODONNELL, 000–00–0000 NANCY W. SEYDLER, 000–00–0000 ROBERT L. KLEIN, 000–00–0000 JAMES M. OKIEF, 000–00–0000 WINFIELD V. SHAW, 000–00–0000 EDMUND H. KNETIG, 000–00–0000 JOSEPH R. OLIVA, 000–00–0000 DAVID G. SHERFICK, 000–00–0000 KENNETH E. KOHLS, 000–00–0000 ANDREW C. OLIVO, 000–00–0000 ANDREW M. SHERIDAN, 000–00–0000 WILLIAM C. KUEFFER, 000–00–0000 EUGENE W. ORSON, 000–00–0000 JIM H. SHERMAN, 000–00–0000 JOHN L. LAGGART, 000–00–0000 VICTOR M. ORTIZ, 000–00–0000 JERRY E. SHILES, 000–00–0000 MICHAEL P. LAHAYE, 000–00–0000 DANIEL OSORIO, 000–00–0000 RONALD W. SHINN, 000–00–0000 LOUIS A. LALLO, 000–00–0000 EUGENE M. OTT, 000–00–0000 TOM L. SHIRLEY, 000–00–0000 TERRY L. LANDRUM, 000–00–0000 EDWARD C. OTTO, 000–00–0000 DAVID T. SHORTER, 000–00–0000 JOHN A. LAROCCA, 000–00–0000 TERRY L. OUTMAN, 000–00–0000 THEODORE G. SHUEY, 000–00–0000 DELBERT M. LARSON, 000–00–0000 KARSTEN E. OVERA, 000–00–0000 JAMES E. SIMPSON, 000–00–0000 EARL E. LAUER, 000–00–0000 MICHAEL B. PACE, 000–00–0000 STEPHEN H. SIMPSON, 000–00–0000 JAMES J. LAWRENCE, 000–00–0000 JOHN F. PARKER, 000–00–0000 WILLIAM A. SIMPSON, 000–00–0000 JULIUS J. LAWTON, 000–00–0000 PATRICK D. PASKE, 000–00–0000 THOMAS L. SINCLAIR, 000–00–0000 JOHN E. LEATHERMAN, 000–00–0000 LARRY N. PATTERSON, 000–00–0000 WILLIAM A. SLOTTER, 000–00–0000 ROGER W. LECLAIRE, 000–00–0000 JAMES A. PATTON, 000–00–0000 LAWRENCE H. LEE, 000–00–0000 PETER Q. PAUL, 000–00–0000 WILLIAM H. SMITH, 000–00–0000 TERRANCE J. LEGG, 000–00–0000 DAVID J. PAYNE, 000–00–0000 ALAN E. SOMMERFELD, 000–00–0000 STEPHEN D. LEGGETT, 000–00–0000 RICHARD C. PAYNE, 000–00–0000 SANTOS SOSA, 000–00–0000 MICHAEL G. LEHTI, 000–00–0000 FRANCIS G. PELKEY, 000–00–0000 JAIME SOTO, 000–00–0000 JOE L. LEMONS, 000–00–0000 JOHN E. PENDERGRASS, 000–00–0000 ANDREW C. SPACONE, 000–00–0000 TERRY W. LERCH, 000–00–0000 LEE E. PEPPER, 000–00–0000 CLAYTON SPANGENBERG, 000–00–0000 MARK E. LEWIS, 000–00–0000 LYNN P. PEPPERD, 000–00–0000 JAMES L. SPEICHER, 000–00–0000 BARRY LISCHINSKY, 000–00–0000 LEVI H. PERRY, 000–00–0000 JAMES C. SPENCER, 000–00–0000 MICHAEL W. LOBDELL, 000–00–0000 NEIL J. PERRY, 000–00–0000 RONALD L. SPILLER, 000–00–0000 PHILIP G. LOFTIS, 000–00–0000 EDWARD A. PETERSEN, 000–00–0000 JAMES S. SPINDEN, 000–00–0000 WILLIAM H. LOGAN, 000–00–0000 DONALD R. PETRASH, 000–00–0000 MARK F. SPINLER, 000–00–0000 HAL A. LONG, 000–00–0000 BERNARD A. PFEIFFER, 000–00–0000 CECIL S. SPITLER, 000–00–0000 JAMES A. LONG, 000–00–0000 KENNETH W. PFEIFFER, 000–00–0000 LEIF T. SPONBECK, 000–00–0000 LOREN S. LOOMIS, 000–00–0000 DONALD E. PHILLIPS, 000–00–0000 PERRY D. STACY, 000–00–0000 ALBERT J. LOPES, 000–00–0000 GEORGE E. PHILLIPS, 000–00–0000 JACK G. STARICH, 000–00–0000 RICHARD L. LOPEZ, JR., 000–00–0000 RANDY G. PHILLIPS, 000–00–0000 JOHN B. STAVOVY, 000–00–0000 DONALD W. LUDENS, 000–00–0000 ROBERT S. PHILLIPS, 000–00–0000 RONALD STEENSLAND, 000–00–0000 JAMES A. LUNDELL, 000–00–0000 STEPHEN H.PIERCE, 000–00–0000 LEONARD E. STEPHENS, 000–00–0000 CHARLES K. LYDEEN, 000–00–0000 KENNETH E. POLING, 000–00–0000 JAMES L. STEVENS, 000–00–0000 LARRY D. MAAS, 000–00–0000 DARRELL P. POLITTE, 000–00–0000 WALTER J. STEWART, 000–00–0000 AARON A. MACHNIK, 000–00–0000 CONRAD W. PONDER, 000–00–0000 HUGH M. STIRTS, 000–00–0000 JOSEPH G. MACK, 000–00–0000 JOHN F. PORTER, 000–00–0000 KENNETH E. MADDEN, 000–00–0000 JOHN K. POVALL, 000–00–0000 RONALD D. STOKES, 000–00–0000 WILLIAM B. MADDOX, 000–00–0000 DANNIE W. POWELL, 000–00–0000 RONALD S. STOKES, 000–00–0000 DENNIS P. MAHER, 000–00–0000 ERNEST W. POWELL, 000–00–0000 CHANDLER D. STONE, 000–00–0000 JIM E. MAINWARING, 000–00–0000 KEITH A. PREWITT, 000–00–0000 HENRY T. SWANN, 000–00–0000 DEAN J. MALLIRES, 000–00–0000 CHARLES C. PRICE, 000–00–0000 THOMAS F. SWEENEY, 000–00–0000 MICHAEL E. MALONE, 000–00–0000 LARRY D. PRICE, 000–00–0000 WILTON G. SWENSON, 000–00–0000 WILLIAM MARMADUKE, 000–00–0000 RANDY J. PRIEM, 000–00–0000 ROBERT M. TAWES, 000–00–0000 DOUGLAS W. MARR, 000–00–0000 WILLIAM F. PRINCE, 000–00–0000 BERNARD TAYLOR JR., 000–00–0000 MARION D. MARSH, 000–00–0000 THOMAS J. PRINCIPE, 000–00–0000 WILFORD TAYLOR JR., 000–00–0000

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 8524 Sfmt 9801 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16448 CONGRESSIONAL RECORD — SENATE October 31, 1995

DENNIS W. TEITGE, 000–00–0000 GRADE INDICATED, UNDER THE PROVISIONS OF TITLE 10, CAPT. ROBERT GARY SPRIGG, 000–00–0000, UNITED STATES WILLIAM TERPELUK, 000–00–0000 UNITED STATES CODE, SECTIONS 611(A) AND 624: NAVY. ROBERT A. THIESING, 000–00–0000 CAPT. ROBERT TIMOTHY ZIEMER, 000–00–0000, UNITED BILLY W. THOMAS, 000–00–0000 To be permanent major general STATES NAVY. JOHNNY W. THOMAS, 000–00–0000 BRIG. GEN. ROBERT W. ROPER, JR., 000–00–0000. TOM W. THOMAS, 000–00–0000 BRIG. GEN. EDWARD L ANDREWS, 000–00–0000. ENGINEERING DUTY OFFICER WILLIAM A. THOMAS, 000–00–0000 BRIG. GEN. DAVID K. HEEBNER, 000–00–0000. REX E. THOMPSON, 000–00–0000 BRIG. GEN. MORRIS J. BOYD, 000–00–0000. To be rear admiral (lower half) STEPHEN B. THOMPSON, 000–00–0000 BRIG. GEN. ROBERT R. HICKS, JR., 000–00–0000. RUEDIGER TILLMANN, 000–00–0000 CAPT. OSIE V COMBS, JR., 000–00–0000, UNITED STATES BRIG. GEN. STEWART W. WALLACE, 000–00–0000. JOHN P. TOBEY, 000–00–0000 NAVY. BRIG. GEN. JAMES M. WRIGHT, 000–00–0000. THOMAS M. TRITSCH, 000–00–0000 BRIG. GEN. CHARLES W. THOMAS, 000–00–0000. PATRICK J. TUSTAIN, 000–00–0000 AEROSPACE ENGINEERING DUTY OFFICER BRIG. GEN. GEORGE H. HARMEYER, 000–00–0000. WILLIAM H. TUTTLE, 000–00–0000 BRIG. GEN. JOHN F. MICHITSCH, 000–00–0000. THOMAS UPTAGRAFFT, 000–00–0000 To be rear admiral (lower half) BRIG. GEN. LON E. MAGGART, 000–00–0000. JAMES A. VANDERHOEK, 000–00–0000 BRIG. GEN. HENRY T. GLISSON, 000–00–0000. CAPT. JEFFREY ALAN COOK, 000–00–0000, UNITED STATES GILBERT VANSICKLE, 000–00–0000 BRIG. GEN. THOMAS N. BURNETTE, JR., 000–00–0000. NAVY. FELIX VARGAS, 000–00–0000 BRIG. GEN. DAVID H. OHLE, 000–00–0000. DAVID H. VAUGHAN, 000–00–0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BERNARD F. VERONEE, 000–00–0000 BRIG. GEN. MILTON HUNTER, 000–00–0000. TO THE GRADE OF VICE ADMIRAL IN THE UNITED DAVID C. VOLLRATH, 000–00–0000 BRIG. GEN. JAMES T. HILL, 000–00–0000. STATES NAVY WHILE ASSIGNED TO A POSITION OF IM- ALAN J. WALKER, 000–00–0000 BRIG. GEN. GREG L. GILE, 000–00–0000. PORTANCE AND RESPONSIBILITY UNDER TITLE 10 U.S.C., MARK O. WALSH, 000–00–0000 BRIG. GEN. JAMES C. RILEY, 000–00–0000. SECTION 601: LOUIS P. WARCHOT, 000–00–0000 BRIG. GEN. RANDALL L. RIGBY, 000–00–0000. JAMES R. WARD, 000–00–0000 BRIG. GEN. DANIEL J. PETROSKY, 000–00–0000. To be vice admiral BRIG. GEN. MICHAEL B. SHERFIELD, 000–00–0000. STEVEN S. WARD, 000–00–0000 REAR ADM. DENNIS C. BLAIR, 000–00–0000. JIMMY R. WATSON, 000–00–0000 BRIG. GEN. JAMES C. KING, 000–00–0000. BRIG. GEN. JOSEPH G. GARRETT, III, 000–00–0000. VERNON A. WATTS, 000–00–0000 IN THE AIR FORCE HAROLD M. WEAVER, 000–00–0000 BRIG. GEN. LEROY R. GOFF, III 000–00–0000. THOMAS J. WEISS, 000–00–0000 BRIG. GEN. DANIEL G. BROWN, 000–00–0000. AIR FORCE NOMINATIONS BEGINNING TAREK C. ARTHUR J. WELCH, 000–00–0000 BRIG. GEN. WILLIAM P. TANGNEY, 000–00–0000. ABBOUSHI, AND ENDING MICHAEL F. ZUPAN, WHICH ROBERT E. WELCH, 000–00–0000 BRIG. GEN. CHARLES S. MAHAN, JR., 000–00–0000. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JOHN A. WELLS, JR., 000–00–0000 BRIG. GEN. JOHN J. MAHER, III, 000–00–0000. PEARED IN THE CONGRESSIONAL RECORD ON SEP- MICHAEL P. WELSH, 000–00–0000 BRIG. GEN. LEON J. LAPORTE, 000–00–0000. TEMBER 5, 1995. RONALD WESTERVELT, 000–00–0000 BRIG. GEN. CLAUDIA J. KENNEDY, 000–00–0000. AIR FORCE NOMINATIONS BEGINNING JULIAN AN- MITCHEL WILLOUGHBY, 000–00–0000 THE FOLLOWING-NAMED OFFICER FOR PROMOTION IN DREWS, AND ENDING JANICE L. ANDERSON, WHICH NOMI- LARRY E. WILSON, 000–00–0000 THE REGULAR ARMY OF THE UNITED STATES TO THE NATIONS WERE RECEIVED BY THE SENATE AND AP- CHARLES J. WINN, 000–00–0000 GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER BILLY R. WOOD, 000–00–0000 611(A) AND 624(C): 10, 1995. HENRY B. WOOD, 000–00–0000 AIR FORCE NOMINATIONS BEGINNING LARAINE L. ROBERT V. WOOD, 000–00–0000 To be brigadier general ACOSTA, AND ENDING JOAN C. WINTERS, WHICH NOMINA- CHARLES W. WRIGHT, 000–00–0000 COL. BETTYE H. SIMMONS, 000–00–0000, UNITED STATES TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARTHUR H. WYMAN, 000–00–0000 ARMY. IN THE CONGRESSIONAL RECORD ON OCTOBER 10, 1995. HENRY V. WYSOCKI, 000–00–0000 THE FOLLOWING-NAMED MEDICAL CORPS COMPETI- AIR FORCE NOMINATIONS BEGINNING LARRY E. FREE- JAMES T. YARBROUGH, 000–00–0000 TIVE CATEGORY OFFICERS FOR APPOINTMENT IN THE MAN, AND ENDING TIMOTHY L. COOK, WHICH NOMINA- RONALD D. YOUNG, 000–00–0000 REGULAR ARMY OF THE UNITED STATES TO THE GRADE TIONS WERE RECEIVED BY THE SENATE AND APPEARED JAMES A. ZERNICKE, 000–00–0000 OF BRIGADIER GENERAL UNDER THE PROVISIONS OF IN THE CONGRESSIONAL RECORD ON OCTOBER 11, 1995. TITLE 10, U.S.C., SECTIONS 6119(A) AND 624(C); f IN THE ARMY To be brigadier general CONFIRMATIONS ARMY NOMINATIONS BEGINNING ANTHONY C. AIKEN, COL. GEORGE J. BROWN, 000–00–0000, UNITED STATES AND ENDING KAREN L. WILKINS, WHICH NOMINATIONS Executive nominations confirmed by ARMY. WERE RECEIVED BY THE SENATE AND APPEARED IN THE COL. ROBERT F. GRIFFIN, 000–00–0000, UNITED STATES CONGRESSIONAL RECORD ON SEPTEMBER 19, 1995. the Senate October 31, 1995: ARMY. ARMY NOMINATION OF AMY M. AUTRY, WHICH WAS RE- IN THE AIR FORCE CEIVED BY THE SENATE AND APPEARED IN THE CON- IN THE NAVY GRESSIONAL RECORD ON OCTOBER 10, 1995. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED CAPTAINS IN THE LINE OF ARMY NOMINATIONS BEGINNING MICHAEL B. NEVEU, IN THE UNITED STATES AIR FORCE TO THE GRADE OF THE UNITED STATES NAVY FOR PROMOTION TO THE AND ENDING ROBERT A. DIGGS, WHICH NOMINATIONS MAJOR GENERAL UNDER THE PROVISIONS OF TITLE 10, PERMANENT GRADE OF REAR ADMIRAL (LOWER HALF), WERE RECEIVED BY THE SENATE AND APPEARED IN THE UNITED STATES CODE, SECTION 624: PURSUANT TO TITLE 10, UNITED STATES CODE, SECTION CONGRESSIONAL RECORD ON OCTOBER 10, 1995. To be major general 624, SUBJECT TO QUALIFICATIONS THEREFORE AS PRO- ARMY NOMINATION OF DUANE A. BELOTE, WHICH WAS VIDED BY LAW: RECEIVED BY THE SENATE AND APPEARED IN THE CON- BRIG. GEN. JOHN B. HALL, JR., 000–00–0000, REGULAR AIR GRESSIONAL RECORD ON OCTOBER 10, 1995. FORCE. UNRESTRICTED LINE OFFICER ARMY NOMINATION OF DEREK J. HARVEY, WHICH WAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT to be read admiral (lower half) RECEIVED BY THE SENATE AND APPEARED IN THE CON- TO THE GRADE OF LIEUTENANT GENERAL WHILE AS- GRESSIONAL RECORD ON OCTOBER 11, 1995. SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- CAPT. STEPHEN HALL BAKER, 000–00–0000, UNITED STATES ARMY NOMINATIONS BEGINNING BARBARA BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION NAVY. HASBARGEN, AND ENDING GARY VROEGINDEWEY, WHICH 601: CAPT. JOHN JOSEPH BEPKO, III, 000–00–0000, UNITED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- STATES NAVY. PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER To be lieutenant general CAPT. JAY ALAN CAMPBELL, 000–00–0000, UNITED STATES 11, 1995. MAJ. GEN. BRETT M. DULA, 000–00–0000, UNITED STATES NAVY. ARMY NOMINATIONS BEGINNING MARY B. ALEXANDER, AIR FORCE. CAPT. ROBERT CHARLES CHAPLIN, 000–00–0000, UNITED AND ENDING CRAIG L. WARDRIP, WHICH NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STATES NAVY. WERE RECEIVED BY THE SENATE AND APPEARED IN THE TO THE GRADE OF LIEUTENANT GENERAL WHILE AS- CAPT. JAMES CUTLER DAWSON, JR., 000–00–0000, UNITED CONGRESSIONAL RECORD ON OCTOBER 11, 1195. SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- STATES NAVY. IN THE MARINE CORPS BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION CAPT. MALCOLM IRVING FAGES, 000–00–0000, UNITED 601: STATES NAVY. MARINE CORPS NOMINATIONS BEGINNING THURMOND CAPT. VERONICA ZASADNI FROMAN, 000–00–0000, UNITED To be lieutenant general BELL, AND ENDING EARNEST R. WALLS, WHICH NOMINA- STATES NAVY. TIONS WERE RECEIVED BY THE SENATE AND APPEARED MAJ. GEN. JAMES F. RECORD, 000–00–0000, UNITED CAPT. SCOTT ALLEN FRY, 000–00–0000, UNITED STATES IN THE CONGRESSIONAL RECORD ON OCTOBER 10, 1995. STATES AIR FORCE. NAVY. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. GREGORY GORDON JOHNSON, 000–00–0000, UNITED IN THE NAVY TO THE GRADE OF LIEUTENANT GENERAL ON THE RE- STATES NAVY. TIRED LIST PURSUANT TO THE PROVISIONS OF TITLE 10, CAPT. STEPHEN IRVIN JOHNSON, 000–00–0000, UNITED NAVY NOMINATIONS BEGINNING JOHN M. ABERNATHY UNITED STATES CODE, SECTION 1370: STATES NAVY. III, AND ENDING GEORGE R. SHAYNE, WHICH NOMINA- CAPT. JOSEPH JOHN KROL, JR., 000–00–0000, UNITED TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be lieutenant general STATES NAVY. IN THE CONGRESSIONAL RECORD ON MARCH 8, 1995. CAPT. STEPHEN ROBERT LOEFFLER, 000–00–0000, UNITED NAVY NOMINATION OF ROBERT W. ERNEST, WHICH WAS LT. GEN. THAD A. WOLFE, 000–00–0000, UNITED STATES STATES NAVY. RECEIVED BY THE SENATE AND APPEARED IN THE CON- AIR FORCE. CAPT. JOHN THOMAS LYONS, III, 000–00–0000, UNITED GRESSIONAL RECORD ON APRIL 24, 1995. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STATES NAVY. NAVY NOMINATIONS BEGINNING TIMOTHY A. ADAMS, TO THE GRADE OF LIEUTENANT GENERAL WHILE AS- CAPT. JAMES IRWIN MASLOWSKI, 000–00–0000, UNITED AND ENDING MICHAEL J. ZIELINSKI, WHICH NOMINA- SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- STATES NAVY. TIONS WERE RECEIVED BY THE SENATE AND APPEARED BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION CAPT. RICHARD WALTER MAYO, 000–00–0000, UNITED IN THE CONGRESSIONAL RECORD ON SEPTEMBER 5, 1995. 601: STATES NAVY. NAVY NOMINATIONS BEGINNING ALBERT M. CARDEN, To be lieutenant general CAPT. MICHAEL GLENN MULLEN, 000–00–0000, UNITED AND ENDING JENEVIEVE J. WILLIAMSON, WHICH NOMI- STATES NAVY. NATIONS WERE RECEIVED BY THE SENATE AND AP- MAJ. GEN. NICHOLAS B. KEHOE III, 000–00–0000, UNITED CAPT. LARRY DON NEWSOME, 000–00–0000, UNITED STATES PEARED IN THE CONGRESSIONAL RECORD ON SEP- STATES AIR FORCE. NAVY. TEMBER 8, 1995. IN THE ARMY CAPT. RICHARD JEROME NIBE, 000–00–0000, UNITED NAVY NOMINATIONS BEGINNING WILLIAM D. AGERTON, STATES NAVY. AND ENDING WILLIAM M. TURNER, WHICH NOMINATIONS THE FOLLOWING NAMED OFFICERS FOR PROMOTION IN CAPT. PAUL SCOTT SEMKO, 000–00–0000, UNITED STATES WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE REGULAR ARMY OF THE UNITED STATES TO THE NAVY. CONGRESSIONAL RECORD ON SEPTEMBER 19, 1995.

VerDate Aug 31 2005 03:41 Jun 05, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 8524 Sfmt 9801 J:\ODA15\1995_F~1\S31OC5.REC S31OC5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS