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

Vol. 142 WASHINGTON, THURSDAY, JULY 25, 1996 No. 111—Part II Senate

FOREIGN OPERATIONS, EXPORT just want the Record to show, is that from Georgia, Mr. COVERDELL, myself, FINANCING, AND RELATED PRO- fiscal year 1994 is the only year the and everybody else in here is that we GRAMS APPROPRIATIONS ACT, President asked for less than the Con- are opposed to international drug traf- 1997 gress gave him. He asked for 148; he got ficking. The Senate continued with the con- 170. In 1995, he asked for 227; the Con- Back when I was a prosecutor we did sideration of the bill. gress gave him 105. In 1996, he asked for not have the problem we have now, but Mr. BIDEN addressed the Chair. 213; the Congress gave him 115. And in I used to throw people in jail for drug Mr. LEAHY addressed the Chair. 1997, he asked for 213, and the Congress trafficking. None of us needs to stand The PRESIDING OFFICER. The Sen- up to now has given him, the proposal up and say that we declare our opposi- ator from Delaware is recognized. is 160, and now our friend from Georgia tion to drug traffic. Mr. BIDEN. Mr. President, I yield to is getting in line with the President of What bothers me about the Coverdell amendment is that it cuts funds in the the Senator from Vermont. the United States and getting their act together in asking what the President bill for international environmental, AMENDMENT NO. 5018 asked for. humanitarian, and development pro- Mr. LEAHY. Mr. President, how So, I cannot let it go. I am trying not grams. It is going to cut UNICEF by at much time is remaining on this side? to respond to everything that occurs least $5 million, probably $10 million, The PRESIDING OFFICER. The Sen- here. But the fact is, $801 million asked potentially as much as $17 million. ator from Georgia has 10 minutes and by the President for this function; $540 I even heard about an organization 38 seconds, and the Senator from Ver- million thus far granted by the Con- called Olympic Aid Atlanta, an initia- mont has 15 minutes and 29 seconds. gress. If this succeeds, and I will sup- tive out of Atlanta, GA, to generate Mr. LEAHY. Mr. President, I assume port them to raise it up to the Presi- money to help children affected by con- the time will not start until we have dent’s level of $213 million, from $160 flict in 14 countries through UNICEF. order in the Senate. million, that $540 million will move up They are going to get cut, in all likeli- The PRESIDING OFFICER. The Sen- in the commensurate amount. I thank hood, because we transfer the funds to ate will be in order. the Chair and yield the floor. counter narcotics. The Senator from Vermont is recog- Mr. GRASSLEY. Mr. President, I ap- This amendment is virtually iden- nized. preciate the remarks of the distin- tical to one offered a couple of years Mr. LEAHY. Mr. President, the Sen- guished Senator from Delaware in sup- ago. That was defeated 57 to 38 in a bi- ator from Delaware told me he wants 2 port of full funding for the inter- partisan vote. Anybody who doubts minutes, and I yield that to him. national drug program. I would remind what we do, we have spent over $1 bil- Mr. BIDEN. Mr. President, I am not him, however, that the cuts to the lion, that is $1,000 million, on the inter- going to speak to the merits of the leg- international program began in 1993 national narcotics program in the past islation. I see my friend from Iowa is in when the Democratic-controlled Con- 6 years. That is only one set of many, the Chamber. I was going to remain si- gress cut the INL program by 30 per- many sources on funding to combat lent on this, but because of the con- cent. The President’s requests in 1993 drugs overseas. The House version of stant partisan references to the Presi- and 1994 were also well below the Bush- this year’s State, Justice, Commerce dent not caring about it, I just want era budgets. Even if we vote for the appropriation bill has $75 million more the Record to show one thing. This ad- $213 million today, our international for the narcotics programs than the ministration since it came into office narcotics budget will still be over $200 President requested. has asked for $801 million for this very million below the 1992 level. I also re- We should ask whether we have actu- purpose, and my good friend from Iowa mind the Senator that he has been one ally accomplished much since 1987. We knows the Republican Congress gave of the most outspoken critics of this did have the predictions we would stop him $540 million. administration drug programs. He has drugs at the source. The amount of Now, I find it fascinating the Senator noted the failings. I hope he and others coca under cultivation has actually in- from Iowa stands up and berates the here will join in voting to put this pro- creased. It was 175,000 hectares in 1987; administration for its lack of interest, gram back on track. it is 214,000 in 1995. The amount of co- and the Senator from Kansas stands up The PRESIDING OFFICER. The Sen- caine produced has gone up. We spent and says there is no reason we should ator from Vermont. $1 billion—actually a lot more than $1 give this much money because it is bet- Mr. LEAHY. Mr. President, I think billion, but the flow of cocaine contin- ter used other places. There is some one thing should unite all of us, and I ues unabated. We destroy one coca merit to her argument, but the irony, I think it does. What unites the Senator field, another gets planted. We arrest

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

S8833 S8834 CONGRESSIONAL RECORD — SENATE July 25, 1996 one drug trafficker, another takes his try, what it is doing to our children more in controlling this drug situation, place. We find one corrupt official in and to so many others. But we provide and I urge the Senate to adopt this one of these countries, three more a sharp increase for counternarcotics amendment. I think it will be very come in. And the market drives it. We programs in this bill, and if we cut out helpful. all know that. KEDO, and put North Korea back onto I thank the able Senator. We are not going to give up. But let their nuclear program, is that increas- The PRESIDING OFFICER. The Sen- us be realistic. Until we stop the de- ing our security? I think, keep the hun- ator from Georgia is recognized. mand in this country, this is going to dreds of millions of dollars we are Mr. COVERDELL. Mr. President, I continue. This bill increases—the bill spending on narcotics, but do not cut yield 2 minutes to the Senator from that we have before us, without the these other things that also affect our Arizona. amendment by the distinguished Sen- security. We increase amounts for Mr. KYL. Mr. President, given the ator from Georgia—increases funding drugs by cutting UNICEF or cutting poor record of the Clinton administra- for counternarcotics 39 percent above international health programs, pro- tion on drug enforcement it ought to current levels, the largest increase of grams to clean up toxic waste? Let us be enough to simply note that this any program in this bill. This would in- remember, also where some of this amendment is needed to bring funding crease it another 33 percent. That is a money goes. Some of these funds, un- up to the level requested by President 85 percent increase in 1 year. fortunately, go to the Colombian Army Clinton. In an Investors Business Daily Look what we are doing. At the same or Bolivian police or Peruvian police. article recently, they began by saying: time our AID budget is going down— They are not going to fight drugs. In the war on drugs, a bipartisan chorus of AID had to fire 200 employees last We are already giving them a 39 per- critics charges that President Clinton has week, people with 10, 20 years experi- cent increase. Let us accept the fact we been AWOL—absent without leadership. ence dedicated to this country—the want to stop drugs. Let us accept the They quote Representative CHARLES amount of money we know keeps going fact we will do everything possible. But RANGEL, a Democrat from New York, up. Look how the money has gone up, let us not create other problems by who says: up, up, up, up—but narcotics do not go cutting UNICEF and KEDO and every- I have never, never, never seen a President down. That is why, yes, work at what thing else. who cares less about this issue. we might do, but we are not going to Mr. President, I reserve the remain- Representative MAXINE WATERS a make any change in this by cutting $25 der of my time. Democrat from California says, ‘‘There million from the U.N. Environment The PRESIDING OFFICER. The Sen- is no war on drugs.’’ Program and UNICEF and the World ator from Georgia is recognized. The article goes on to note that Mr. COVERDELL. I yield up to 4 Food Program, the Convention on En- President Clinton cut the Drug En- minutes to the distinguished Senator dangered Species, to name a few. Some forcement Agency by 227 agents; that from South Carolina. he issued an Executive order reducing of these programs were cut 50 percent The PRESIDING OFFICER. The dis- military interdiction efforts, including last year. tinguished Senator from South Caro- But, when we end up cutting $5 mil- lina. the elimination of 1,000 antidrug posi- lion to $17 million out of UNICEF to Mr. THURMOND. Mr. President, this tions; that he shortened mandatory pay for this, or money out of AID’s de- amendment, offered by Senator minimum sentences for drug traffick- velopment programs that are already COVERDELL and other Senators includ- ers; that he tried to slash the staff of cut 22 percent last year, to cut them ing myself, would fully fund the Presi- the Office of National Drug Control another $28 million—I do not agree dent’s International Narcotics Control Policy by 80 percent, to only 25 people with this. Account request of $213 million for down from 146; and that in his 1995 The President has requested a lot. drug interdiction and eradication ef- budget he proposed cutting funds for But the President requested $12.8 bil- forts. Funds would come from the the Customs Service, the DEA, Federal lion for foreign assistance. Our alloca- International Organizations and Pro- Bureau of Investigation, INS, and tion was $12.2 billion. We are already gram accounts, which are $31 million Coast Guard, all of which would result $600 million below what the President over the President’s request, and from in fewer agents for drug interdiction. requested. If we had another half-bil- Development Assistance. The point here is if the administra- lion dollars we could afford this. Unless Mr. President, Mr. Matthew Robin- tion has requested the additional we want to cut UNICEF, unless we son, writing in Investors Business amount of money, surely the Congress want to cut our contribution to KEDO Daily, has brought out certain points ought to support it, given the fact that by half, and our other international de- which I think are very important. He the administration has not exactly velopment programs, then we cannot says: been a stalwart supporter of the drug afford it. That is the argument we The Drug Enforcement Agency has lost 227 interdiction efforts. made 2 years ago and we cut it down. agents from September ’92 to September ’95. Certainly no one cares more about I look at this bill. The first time in 22 Clinton issued an executive order reducing kids than the Senator from Kansas years we are already cutting UNICEF. military interdiction efforts, including the does. There is simply a difference of How much more do we want to cut it? elimination of 1,000 antidrug positions. opinion of how to proceed here. She He shortened mandatory minimum sen- This bill underfunds our contribu- tences for drug traffickers. makes the point this is significantly tions to the Korea Economic Develop- He tried to slash the staff of the Office of more funding than last year, and that’s ment Organization by half. I know the National Drug Control Policy by 80% to 25 right and that’s the point. distinguished Senator from Connecti- from 146. Congress has restored funding for Under President Bush, the funding cut, Senator LIEBERMAN, along with some of those slots. was going up. Under President Clinton, Senators NUNN, HATFIELD, THOMAS, In his ’95 budget, he proposed cutting funds the funding has gone down precipi- for the U.S. Customs Service, the DEA, the DASCHLE, LUGAR, SIMON, and myself, tously. We need to begin to restore Federal Bureau of Investigation, the Immi- are going to try to provide authority gration and Naturalization Service and the that funding so that we will have an for more. But assuming that authority U.S. Coast Guard. The result would have adequate effort in regard to this inter- passes, if the Coverdell amendment is meant 621 fewer agents. Congress again re- diction effort. That is why we should agreed to the money is not there. If we stored some of this funding. support the amendment of the Senator do not pay our share of KEDO, then the The drug effort has suffered on another from Georgia. The funding in this ef- Secretary of Defense says the risk of level, critics say. The first is in the actual fort needs to be increased. As Senator fight against street drugs. Interdiction ef- the North Koreans breaking the nu- GRASSLEY said, this is something we forts have suffered under Clinton, drug war- clear freeze would rise significantly. riors say. have to do for the kids. As I said, I fought drug traffic for The military’s budget for drug enforce- Mr. JEFFORDS. Mr. President, I over 8 years as a prosecutor. I voted for ment grew from $4.9 million in ’82 to more share the concern of my friend, the billions of dollars to fight drugs both than $1 billion in ’92. It was cut back under Senator from Georgia, about the ur- here and overseas. I know of no Mem- Clinton to $700 million in ’95. gency of improving the effectiveness of ber of this body on either side who does Mr. President, this amendment our anti-narcotics efforts. The threat not abhor the drug traffic in this coun- should be agreed to. We need to do of international drug trafficking is July 25, 1996 CONGRESSIONAL RECORD — SENATE S8835 very real and our efforts to combat it But I will say, with the huge increase strain, just as the technical sophistica- must become more effective. I agree in counternarcotics money that is in tion of drug trafficking syndicates is with many of the Senator from Geor- here already, let’s not even go beyond reaching new heights. A report pre- gia’s criticisms of the current program that and do it by cutting UNICEF and pared by the Judiciary Committee and believe that significant improve- cutting Korean economic development finds that the administration supply ments must be made in the results of and other things that are also in our reduction policy is in utter disarray, our anti-drug program. best interest. with a 53-percent drop in our ability to The bill before us provides a 40 per- Several Senators addressed the interdict and push back drug ship- cent increase in funding for these pro- Chair. ments in the transit zone. The report grams, reflecting the committee’s con- Mr. BIDEN. Will the Senator yield also finds increases in the purity of cern that there must be a strong re- me 1 minute? drugs and the number of drug-related sponse to the escalation of narcotics Mr. LEAHY. I yield the Senator from emergency room admissions of hard- trafficking. This is a significant in- Delaware 1 minute. core users. crease that will allow considerable ex- Mr. BIDEN. Mr. President, I heard If you look at it, it is a disgrace. I pansion of U.S. efforts abroad. again, this time from our friend from think what the distinguished Senator Yet, the amendment before us would Arizona, about the President’s flagging from Georgia is trying to do is right. shift an additional $53 million to the effort on drugs and Bush up, Clinton He is trying to put money back in, put counter-drug account. These funds down. Let’s get the record straight. money where our mouths happen to be would come from a $25 million cut in There was over $300 million more re- and start helping to bolster this admin- the International Operations and Pro- quested by the President for this very istration to do what it should do to grams account and a $28 million cut in function than the Congress is willing begin with. development assistance. Unlike the to give him. The Republican Congress I don’t have faith in the administra- international narcotics control pro- in the Senate last year cut the FBI by tion doing what is right in the drug grams, both the international organi- $112 million, cut the drug task force by war, and I don’t think others do. By zations and programs account and de- $19 million, cut the number of prosecu- gosh, I think we ought to support the velopment assistance have sustained tors by $19 million. Let’s stop this. amendment of the Senator from Geor- significant reductions in the past I think it makes sense to do what the gia. I hope people will. years. In particular, the international Senator from Georgia wants to do. I ask unanimous consent that the in- organizations account was sharply re- Let’s do it and stop this partisan ma- troduction of a report we did in the Ju- duced for fiscal year 1996, forced cuts in larkey. The facts do not sustain the as- diciary Committee, entitled ‘‘Losing our contributions to organizations sertions. Ground Against Drugs,’’ be printed in such as the United Nations Develop- I yield the floor. the RECORD. ment Program, the World Food Pro- The PRESIDING OFFICER. Who There being no objection, the mate- gram, the United Nations Environ- seeks recognition? rial was ordered to be printed in the mental Program and many other Mr. COVERDELL. Mr. President, I RECORD, as follows: worthwhile international organiza- yield up to 10 minutes to the distin- LOSING GROUND AGAINST DRUGS (EXCERPT) tions. guished Senator from Utah. INTRODUCTION Development assistance has also been The PRESIDING OFFICER. The Sen- reduced in the past years. This includes Through the 1980s and into the early 1990s, ator from Utah is recognized. the United States experienced dramatic and funds for Africa, for sustainable devel- Mr. HATCH. Mr. President, let’s face unprecedented reductions in casual drug use. opment programs to increase world it, since this administration has taken The number of Americans using illicit food production, to reduce environ- over, there has not been a war on drugs plunged from 24.7 million in 1979 to 11.4 mental devastation. This account also drugs, not a real effort on drugs. They million in 1992. The so-called ‘‘casual’’ use of funds child survival and disease pro- cut the drug czar’s office. They have cocaine fell by 79 percent between 1985 and grams, international debt restructur- 1992, while montly cocaine use fell 55 percent cut interdiction. They have cut facili- between 1988 and 1992 alone—from 2.9 million ing and micro enterprise programs—all ties in the transit zones. They have not very worthwhile programs. The prob- to 1.3 million users. put the moneys where the moneys On the surface, little appears to have lems that these programs seek to solve should go. They are not effectively changed since 1992. For the nation as a are equally deserving of our attention, spending them, and I have accused the whole, drug use remains relatively flat. The and in many instances, eventually President of being AWOL on drugs, or vast majority of Americans still do not use would pose grave problems for the absent without leadership on drugs. illegal drugs. United States if they are ignored. I don’t think many Democrats or Re- Unfortunately, this appearance is dan- Mr. President, it is indeed a difficult gerously misleading. Drug use has in fact ex- publicans disagree with that state- task to balance the competing prior- perienced a dramatic resurgence among our ment. The fact is they have been ities of this legislation, all of them youth, a disturbing trend that could quickly AWOL on drugs, and there is a cavalier very valid in their own right. However, return the United States to the epidemic of attitude down at the White House: ‘‘So drug use that characterized the decade of the I urge my colleagues to resist this what. Don’t all young people use 1970s. temptation to alter the careful balance drugs?’’ Recent surveys, described in detail in this that has been struck by the committee. My gosh, all young people don’t use report, provide overwhelming evidence of a The PRESIDING OFFICER. Who sharp and growing increase in drug use drugs, and there are a lot of people who seeks recognition? among young people: Mr. LEAHY. Parliamentary inquiry, have repented and are now fighting the The number of 12–17 year–olds using mari- Mr. President. How much time is re- battle side by side with us. I commend juana increased from 1.6 million in 1992 to 2.9 maining on this side? them for having done it. I recommend million in 1994. The category of ‘‘recent The PRESIDING OFFICER. The Sen- the people in the White House do the marijuana use’’ increased a staggering 200 ator from Vermont has 6 minutes 10 same thing. percent among 14–15 year-olds over the same period. seconds. The Senator from Georgia has I have been appalled by what has been happening. Our borders are a Since 1992, there has been a 52 percent 5 minutes 40 seconds. jump in the number of high-school seniors Mr. LEAHY. Mr. President, I yield sieve. Now we have these drug lords using drugs on a monthly basis, even as wor- myself 1 minute. coming in and buying up ranches at ex- risome declines are noted in peer disapproval The PRESIDING OFFICER. The Sen- orbitant prices. Ranchers are glad to of drug use. ator from Vermont is recognized. get out of there because they feel in- One in three high school seniors now Mr. LEAHY. Mr. President, I reit- timidated. They feel they are being smokes marijuana. erate, none of us are in favor of drug mocked. They feel that they are being Young people are actually more likely to trafficking. I suspect none of us are in overrun. They feel that they are going be aware of the health dangers of cigarettes than of the dangers of marijuana. favor of the millions, many millions, of to be murdered. So why not sell out at Nor have recent increases been confined to dollars we spend on foreign interdic- exorbitant prices and get through it? marijuana. At least three surveys note in- tion that goes into the pockets of cor- Let’s be honest about it, Federal law creased use of inhalants and other drugs rupt officials either. enforcement has been under severe such as cocaine and LSD. S8836 CONGRESSIONAL RECORD — SENATE July 25, 1996 Drug use by young people is alarming by frey as drug czar. For the first time, money to this international narcotics any standard, but especially so since teen certainly since I have been here, I have fund, it is cutting international organi- drug use is at the root of hard-core drug use seen somebody who really can be a zations and programs. That is simply by adults. According to surveys by the Cen- not so. The money we took from inter- ter on Addiction and Substance Abuse, 12–17 drug czar. year-olds who use marijuana are ‘‘85 times Maybe people have different atti- national organizations and programs is more likely to graduate to cocaine than tudes. I know the Speaker of the from the surplus that was over the those who abstain from marijuana.’’ Fully 60 House, who is about my age, implies President’s request. So all I have done percent of adolescents who use marijuana be- that all people during the time he was is taken that additional money over fore age 15 will later use cocaine. Conversely, growing up in his age category used and above the President’s request and those who reach age 21 without ever having drugs, himself included. Mr. President, moved it over to fulfill the President’s used drugs almost never try them later in I never did. I believe perhaps because request, which seems eminently logical life. Described any other way, perhaps 820,000 of at that age I was out prosecuting peo- to me given the condition of the drug the new crop of youthful marijuana smokers ple using drugs. I have never had any epidemic in the United States, given will eventually try cocaine. Of these 820,000 desire to. I have never used them. the fact that this is a Presidential re- who try cocaine, some 58,000 may end up as Let’s stop these ad hominem things. quest, and given the fact that we are regular users and addicts. If Senators want to say whether they simply removing money from a surplus The implications for public policy are prefer using them or not, fine, but this that the President did not request. clear. If such increases are allowed to con- administration has fought, as other ad- I have to say, given the condition of tinue for just two more years, America will children in our country, I think the be at risk of returning to the epidemic drug ministrations have fought, Republican use of the 1970s. Should that happen, our and Democrat, to stop drug usage. President is right on this one. I am per- ability to control health care costs, reform But let us also acknowledge some- plexed that the other side of the aisle welfare, improve the academic performance thing, and this is the fact that every- would be trying to thwart the Presi- of our school-age children, and defuse the body, Republican and Democrat, has to dent’s own objectives here. projected ‘‘crime bomb’’ of youthful super- stand up and admit: simply throwing Mr. President, I do yield back what- predator criminals, will all be seriously com- the money at the drug problem does ever time is remaining. promised. The PRESIDING OFFICER. The Sen- With these thoughts in mind, I am pleased not make it go away. Whether it is the Speaker of the House saying everybody ator yields back his remaining time. to present ‘‘Losing Ground Against Drugs: A The Senator from Vermont is recog- Report on Increasing Illicit Drug Use and of that age used drugs or not, that does National Drug Policy’’ prepared at my direc- not make it go away. It is going to nized for 2 minutes. Mr. LEAHY. Mr. President, I will tion by the majority staff of the United take a lot more than simply throwing take the same amount of time as the States Senate Committee on the Judiciary. money at this drug problem to make it This report examines trends in drug use and Senator from Georgia just did. the Clinton Administration’s sometimes un- go away. There is no surplus. UNICEF has al- even response to them, including the Admin- I yield 30 seconds to the Senator from ready been cut $10 million and will be istration’s controversial policy of targeting Delaware. cut more under this. The Korean Eco- chronic, hardcore drug users. The report also Mr. BIDEN. Mr. President, I know nomic Development Organization, reviews the state of trends in use and avail- this is asking a lot, but let’s just exam- KEDO, is not funded. We are going to ability. And, finally, it evaluates the per- ine the logic of what is being said here. formance over the past three years of our na- try to have the authorization for it, My friend from Utah stands up and but it will not be funded. Our own Sec- tion’s criminal justice and interdiction sys- says, ‘‘Restore what we need to restore. tems. retary of Defense tells us, if it is not, The report finds federal law enforcement Make the President do what he should we face very, very serious problems in under severe strain just as the technical so- do.’’ North Korea. phistication of drug trafficking syndicates is What are we doing? The Senator from The fact of the matter is, there is no reaching new heights. It finds that the Ad- Georgia is restoring the request of the surplus. This money has to come from ministration’s supply reduction policy is in President. What are these guys talking somewhere. It will come from further utter disarray, with a 53 percent drop in our about? The President is the one who cuts in UNICEF. It will come from the ability to interdict and push back drug ship- asked for the money the Senator from ments in the transit zone. The report also inability to fund KEDO. It will come finds increases in the purity of drugs and the Georgia says he should get. Now my from a number of those other areas. number of drug-related emergency room ad- friend from Utah says, ‘‘Now what we Mr. President, I understand that in missions of hard-core users. must do is restore this war on drugs.’’ an election year nobody wants to some- Federal drug policy is at a crossroads. Inef- The PRESIDING OFFICER. The Sen- how seem to be weak on drugs. I under- fectual leadership and failed federal policies ator’s time has expired. stand that even if we, no matter how have combined with ambiguous cultural Mr. BIDEN. So has the logic in this much we demonstrate so much of this messages to generate changing attitudes place. among our young people and sharp increases money has, in all administrations, in youthful drug use. Mr. LEAHY. Mr. President, I say to gone into the pockets of corrupt indi- The American people recognize these prob- the Senator, I will be happy to yield viduals, no matter how much we want lems and are increasingly concerned: A Gal- the time back and go to a vote, so some to say we have other security interests, lup poll released December 12, 1995 shows people can go home and go to bed. too, like avoiding nuclear capabilities that 94 percent of Americans view illegal Mr. COVERDELL. I will use some of in North Korea, that somehow having drug use as either a ‘‘crisis’’ or a ‘‘very seri- my time. Mr. President, how much already raised substantially the ous problem.’’ Their concern, which I share, time remains? amount of money in this budget for underscores the danger of compromising our The PRESIDING OFFICER. The Sen- struggle against the drug trade. I look for- narcotics way above anything else, we ward to addressing the issues raised in this ator from Georgia has 3 minutes; the may even raise it more. Let us just go report in future hearings of the United Senator from Vermont has 2 minutes. vote. I yield back my time. States Senate Committee on the Judiciary. Mr. COVERDELL. Mr. President, Mr. MCCONNELL addressed the Several Senators addressed the there is an incongruity here between Chair. Chair. myself and the Senator from Vermont. The PRESIDING OFFICER. The Sen- Mr. BIDEN. Will the Senator yield I just heard the Senator from Vermont ator from Kentucky is recognized. me 30 seconds? say, ‘‘You don’t throw money at the Mr. MCCONNELL. Mr. President, I Mr. LEAHY. I yield myself first 1 drug program,’’ and then the Senator ask unanimous consent that there be 10 minute. from Delaware. So, you are suggesting minutes equally divided on the Brown Mr. President, I heard his ad the President is throwing money away? amendment prior to the vote. hominem attack on the Clinton admin- This is the President’s request, and AMENDMENT NO. 5058, AS FURTHER MODIFIED istration. I have always found the best to the Senator from Delaware, when it Mr. MCCONNELL. Mr. President, I prosecutions are those that don’t be- is fulfilled, it is still only up to half ask unanimous consent that Senator come prosecutions but rise above par- what it was in 1992. It is moving in the BROWN be allowed to modify his amend- tisanship. right direction. It is not a dollar more. ment to reflect the compromise I point out that the Clinton adminis- Now the Senator from Vermont has reached by the Senators from Georgia tration has appointed General McCaf- also suggested that, by moving this and Delaware. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8837 The PRESIDING OFFICER. Without the Polish-Ukrainian Peacekeeping Force, alter its security posture at any time as cir- objection, it is so ordered. can make an important contribution to Eu- cumstances warrant. Mr. MCCONNELL. I send the modi- ropean peace and security and international SEC. ll03. UNITED STATES POLICY. fication to the desk. peacekeeping efforts, can assist those coun- It is the policy of the United States— The amendment, as further modified, tries preparing to assume the responsibilities (1) to join with the NATO allies of the of possible NATO membership, and accord- United States to adapt the role of the NATO is as follows: ingly should receive appropriate support On page 198, between lines 17 and 18, insert Alliance in the post-Cold War world; from the United States. (2) to actively assist the emerging democ- the following: (11) NATO remains the only multilateral ll racies in Central and Eastern Europe in their TITLE —NATO ENLARGEMENT security organization capable of conducting transition so that such countries may even- FACILITATION ACT OF 1996 effective military operations and preserving tually qualify for NATO membership; and SEC. ll01. SHORT TITLE. security and stability of the Euro-Atlantic (3) to work to define a constructive and co- This title may be cited as the ‘‘NATO En- region. operative political and security relationship largement Facilitation Act of 1996’’. (12) NATO is an important diplomatic between an enlarged NATO and the Russian SEC. ll02. FINDINGS. forum and has played a positive role in de- Federation. fusing tensions between members of the Alli- The Congress makes the following findings: SEC. ll04. SENSE OF THE CONGRESS REGARD- (1) Since 1949, the North Atlantic Treaty ance and, as a result, no military action has ING FURTHER ENLARGEMENT OF Organization (NATO) has played an essential occurred between two Alliance member NATO. role in guaranteeing the security, freedom, states since the inception of NATO in 1949. It is the sense of the Congress that in order and prosperity of the United States and its (13) The admission to NATO of emerging to promote economic stability and security partners in the Alliance. democracies in Central and Eastern Europe in Slovakia, Estonia, Latvia, Lithuania, Ro- (2) The NATO Alliance is, and has been which are found to be in a position to further mania, Bulgaria, Albania, Moldova, and since its inception, purely defensive in char- the principles of the North Atlantic Treaty Ukraine— acter, and it poses no threat to any nation. would contribute to international peace and (1) the United States should continue and The enlargement of the NATO Alliance to in- enhance the security of the region. Countries expand its support for the full and active clude as full and equal members emerging which have become democracies and estab- participation of these countries in activities democracies in Central and Eastern Europe lished market economies, which practice appropriate for qualifying for NATO mem- will serve to reinforce stability and security good neighborly relations, and which have bership; in Europe by fostering their integration into established effective democratic civilian (2) the United States Government should the structures which have created and sus- control over their defense establishments use all diplomatic means available to press tained peace in Europe since 1945. Their ad- and attained a degree of interoperability the European Union to admit as soon as pos- mission into NATO will not threaten any na- with NATO, should be evaluated for their po- sible any country which qualifies for mem- tion. America’s security, freedom, and pros- tential to further the principles of the North bership; perity remain linked to the security of the Atlantic Treaty. (3) the United States Government and the countries of Europe. (14) A number of Central and Eastern Euro- North Atlantic Treaty Organization should (3) The sustained commitment of the mem- pean countries have expressed interest in continue and expand their support for mili- ber countries of NATO to a mutual defense NATO membership, and have taken concrete tary exercises and peacekeeping initiatives has made possible the democratic trans- steps to demonstrate this commitment, in- between and among these nations, nations of formation of Central and Eastern Europe. cluding their participation in Partnership the North Atlantic Treaty Organization, and Members of the Alliance can and should play for Peace activities. Russia; and a critical role in addressing the security (15) The Caucasus region remains impor- (4) the process of enlarging NATO to in- challenges of the post-Cold War era and in tant geographically and politically to the fu- clude emerging democracies in Central and creating the stable environment needed for ture security of Central Europe. As NATO Eastern Europe should not be limited to con- those emerging democracies in Central and proceeds with the process of enlargement, sideration of admitting Poland, Hungary, the Eastern Europe to successfully complete po- the United States and NATO should continue Czech Republic, and Slovenia as full mem- litical and economic transformation. to examine means to strengthen the sov- bers to the NATO Alliance. ereignty and enhance the security of U.N. (4) The United States continues to regard SEC. ll05. SENSE OF THE CONGRESS REGARD- the political independence and territorial in- recognized countries in that region. ING ESTONIA, LATVIA, AND LITHUA- tegrity of all emerging democracies in (16) In recognition that not all countries NIA. Central and Eastern Europe as vital to Euro- which have requested membership in NATO In view of the forcible incorporation of Es- pean peace and security. will necessarily qualify at the same pace, the tonia, Latvia, Lithuania into the Soviet (5) The active involvement by the coun- accession date for each new member will Union in 1940 under the Molotov-Ribbentrop tries of Central and Eastern Europe has vary. Pact and the refusal of the United States and made the Partnership for Peace program an (17) The provision of additional NATO other countries to recognize that incorpora- important forum to foster cooperation be- transition assistance should include those tion for over 50 years, it is the sense of the tween NATO and those countries seeking emerging democracies most ready for closer Congress that— NATO membership. ties with NATO and should be designed to as- (1) Estonia, Latvia, and Lithuania have (6) NATO has enlarged its membership on 3 sist other countries meeting specified cri- valid historical security concerns that must different occasions since 1949. teria of eligibility to move forward toward be taken into account by the United States; (7) Congress supports the admission of eventual NATO membership. and qualified new members to NATO and the Eu- (18) The Congress of the United States (2) Estonia, Latvia, and Lithuania should ropean Union at an early date and has finds in particular that Poland, Hungary, the not be disadvantaged in seeking to join sought to facilitate the admission of quali- Czech Republic, and Slovenia have made sig- NATO by virtue of their forcible incorpora- fied new members into NATO. nificant progress toward achieving the stat- tion into the Soviet Union. ed criteria and should be eligible for the ad- (8) As new members of NATO assume the SEC. ll06. DESIGNATION OF COUNTRIES ELIGI- responsibilities of Alliance membership, the ditional assistance described in this bill. BLE FOR NATO ENLARGEMENT AS- costs of maintaining stability in Europe (19) The evaluation of future membership SISTANCE. should be shared more widely. Facilitation in NATO for emerging democracies in (a) IN GENERAL.—The following countries of the enlargement process will require cur- Central and Eastern Europe should be based are designated as eligible to receive assist- rent members of NATO, and the United on the progress of those nations in meeting ance under the program established under States in particular, to demonstrate the po- criteria for NATO membership, which re- section 203(a) of the NATO Participation Act litical will needed to build on successful on- quire enhancement of NATO’s security and of 1994 and shall be deemed to have been so going programs such as the Warsaw Initia- the approval of all NATO members. designated pursuant to section 203(d) of such tive and the Partnership for Peace by mak- (20) The process of NATO enlargement en- Act: Poland, Hungary, the Czech Republic, ing available the resources necessary to sup- tails the agreement of the governments of all and Slovenia. plement efforts prospective new members are NATO members in accordance with Article (b) DESIGNATION OF OTHER COUNTRIES.—The themselves undertaking. 10 of the Washington Treaty. President shall designate other emerging de- (9) New members will be full members of Some NATO members, such as Spain and mocracies in Central and Eastern Europe as the Alliance, enjoying all rights and assum- Norway, do not allow the deployment of nu- eligible to receive assistance under the pro- ing all the obligations under the Washington clear weapons on their territory although gram established under section 203(a) of such Treaty. they are accorded the full collective security Act if such countries— (10) Cooperative regional peacekeeping ini- guarantees provided by article V of the (1) have expressed a clear desire to join tiatives involving emerging democracies in Washington Treaty. There is no prior re- NATO; Central and Eastern Europe that have ex- quirement for the stationing of nuclear (2) have begun an individualized dialogue pressed interest in joining NATO, such as the weapons on the territory of new NATO mem- with NATO in preparation for accession; Baltic Peacekeeping Battalion, the Polish- bers, particularly in the current security cli- (3) are strategically significant to an effec- Lithuanian Joint Peacekeeping Force, and mate, however NATO retains the right to tive NATO defense; and S8838 CONGRESSIONAL RECORD — SENATE July 25, 1996 (4) meet the other criteria outlined in sec- President to provide excess defense articles The yeas and nays were ordered. tion 203(d) of the NATO Participation Act of and other appropriate assistance to coopera- Mr. BROWN addressed the Chair. 1994 (title II of Public Law 103–447; 22 U.S.C. tive regional peacekeeping initiatives in- The PRESIDING OFFICER (Mrs. volving emerging democracies in Central and 1928 note). HUTCHISON). The Chair recognizes the (c) RULE OF CONSTRUCTION.—Subsection (a) Eastern Europe that have expressed an inter- does not preclude the designation by the est in joining NATO in order to enhance Senator from Colorado. President of Estonia, Latvia, Lithuania, Ro- their ability to contribute to European peace Mr. BROWN. Let me thank the Sen- mania, Slovakia, Bulgaria, Albania, and security and international peacekeeping ator from Kentucky for his kindness. Moldova, Ukraine, or any other emerging de- efforts. We have worked out the concerns of mocracy in Central and Eastern Europe pur- SEC. ll10. MODERNIZATION OF DEFENSE CAPA- the distinguished Senator from Dela- suant to section 203(d) of the NATO Partici- BILITY. ware and the Senator from Georgia as pation Act of 1994 as eligible to receive as- The Congress endorses efforts by the Unit- well as worked out the issue raised by ed States to modernize the defense capabil- sistance under the program established the Senator from Illinois. This measure under section 203(a) of such Act. ity of Poland, Hungary, the Czech Republic, is an important and historic measure SEC. ll07. AUTHORIZATION OF APPROPRIA- Slovenia, and any other countries designated TIONS FOR NATO ENLARGEMENT AS- by the President pursuant to section 203(d) of because it fulfills our commitment for SISTANCE. the NATO Participation Act of 1994, by ex- a community of freedom, a commit- (a) IN GENERAL.—There are authorized to ploring with such countries options for the ment for embracing freedom in central be appropriated $60,000,000 for fiscal year 1997 sale or lease to such countries of weapons Europe. This is one more step forward for the program established under section systems compatible with those used by NATO members, including air defense sys- towards ensuring the security of north- 203(a) of the NATO Participation Act of 1994. ern Europe and a continuation, I think, (b) AVAILABILITY.—Of the funds authorized tems, advanced fighter aircraft, and tele- to be appropriated by subsection (a)— communications infrastructure. of our effort to ensure that the bless- (1) not less than $20,000,000 shall be avail- SEC. ll11. TERMINATION OF ELIGIBILITY. ings of democracy and freedom are not able for the subsidy cost, as defined in sec- Section 203(f) of the NATO Participation lost in central Europe. Madam Presi- tion 502(5) of the Credit Reform Act of 1990, Act of 1994 (title II of Public Law 103–447; 22 dent, I think the concerns of other of direct loans pursuant to the authority of U.S.C. 1928 note) is amended to read as fol- Members have been worked out. lows: section 203(c)(4) of the NATO Participation I might mention I think Senator MI- Act of 1994 (relating to the ‘‘Foreign Military ‘‘(f) TERMINATION OF ELIGIBILITY.—(1) The KULSKI does have a concern she wants Financing Program’’); eligibility of a country designated under sub- (2) not less than $30,000,000 shall be avail- section (d) for the program established in to articulate. I yield the floor. able for assistance on a grant basis pursuant subsection (a) shall terminate 30 days after Mr. BIDEN addressed the Chair. to the authority of section 203(c)(4) of the the President makes a certification under The PRESIDING OFFICER. The Sen- NATO Participation Act of 1994 (relating to paragraph (2) unless, within the 30-day pe- ator from Delaware. riod, the Congress enacts a joint resolution the ‘‘Foreign Military Financing Program’’); Mr. BIDEN. Madam President, I rise disapproving the termination of eligibility. and ‘‘(2) Whenever the President determines today to support the modifications to (3) not more than $10,000,000 shall be avail- that the government of a country designated the amendment by the Senator from able for assistance pursuant to the authority under subsection (d)— Colorado, the NATO Enlargement Fa- of section 203(c)(3) of the NATO Participa- ‘‘(A) no longer meets the criteria set forth cilitation Act of 1996. Mr. President, tion Act of 1994 (relating to international in subsection (d)(2)(A); my principal modification is straight- military education and training). ‘‘(B) is hostile to the NATO Alliance; or (c) RULE OF CONSTRUCTION.—Amounts au- forward: it adds the Republic of Slove- ‘‘(C) poses a national security threat to the thorized to be appropriated under this sec- nia to the current list of three coun- United States, tion are authorized to be appropriated in ad- then the President shall so certify to the ap- tries that Congress finds as having dition to such amounts as otherwise may be propriate congressional committees. made significant progress toward available for such purposes. ‘‘(3) Nothing in this title affects the eligi- achieving the stated NATO member- SEC. ll08. REGIONAL AIRSPACE INITIATIVE bility of countries to participate under other ship criteria and are therefore eligible AND PARTNERSHIP FOR PEACE IN- provisions of law in programs described in FORMATION MANAGEMENT SYSTEM. for additional assistance described in this Act.’’. the bill. (a) IN GENERAL.—Funds described in sub- ll SEC. 12. AMENDMENTS TO THE NATO PAR- Mr. President, Slovenia should join section (b) are authorized to be made avail- TICIPATION ACT. able to support the implementation of the (a) CONFORMING AMENDMENT.—The NATO Poland, the Czech Republic, and Hun- Regional Airspace Initiative and the Part- Participation Act of 1994 (title II of Public gary on this list for the following rea- nership for Peace Information Management Law 103–447; 22 U.S.C. 1928 note) is amended sons: System, including— in sections 203(a), 203(d)(1), and 203(d)(2) by First, Slovenia’s progress in meeting (1) the procurement of items in support of striking ‘‘countries emerging from com- the NATO membership criteria has these programs; and munist domination’’ each place it appears (2) the transfer of such items to countries been second to none, and probably the and inserting ‘‘emerging democracies in very best in Central Europe. participating in these programs, which may Central and Eastern Europe’’. include Poland, Hungary, the Czech Repub- (b) DEFINITIONS.—The NATO Participation Second, Slovenia would provide the lic, Slovenia, Slovakia, Estonia, Latvia, Act of 1994 (title II of Public Law 103–446; 22 essential land-bridge linking current Lithuania, Romania, Bulgaria, Moldova, U.S.C. 1928 note) is amended by adding at the NATO member Italy and likely future Ukraine, and Albania. end the following new section: NATO member Hungary. (b) FUNDS DESCRIBED.—Funds described in ‘‘SEC. 206. DEFINITIONS. Third, Slovenia is the only country this subsection are funds that are available— ‘‘The term ‘emerging democracies in in the area that has recently proven its (1) during any fiscal year under the NATO Central and Eastern Europe’ includes, but is military tenacity and, hence, its abil- Participation Act of 1994 with respect to not limited to, Albania, Bulgaria, the Czech countries eligible for assistance under that Republic, Estonia, Hungary, Latvia, Lithua- ity to contribute to the security of Act; or nia, Moldova, Poland, Romania, Slovakia, NATO, having successfully defeated the (2) during fiscal year 1997 under any Act to Slovenia, and Ukraine.’’. invasion attempt of the Yugoslav Na- carry out the Warsaw Initiative. SEC. ll13. DEFINITIONS. tional Army in 1991. SEC. ll09. EXCESS DEFENSE ARTICLES. As used in this title: Mr. President, in offering this (a) PRIORITY DELIVERY.—Notwithstanding (1) EMERGING DEMOCRACIES IN CENTRAL AND amendment I want to underscore that I any other provision of law, the provision and EASTERN EUROPE.—The term ‘‘emerging de- have not yet made up my mind about delivery of excess defense articles under the mocracies in Central and Eastern Europe’’ how I will vote on the NATO candidacy authority of section 203(c) (1) and (2) of the includes, but is not limited to, Albania, Bul- of any individual country. The answers NATO Participation Act of 1994 and section garia, the Czech Republic, Estonia, Hungary, 516 of the Foreign Assistance Act of 1961 Latvia, Lithuania, Moldova, Poland, Roma- to the questions posed by the senior shall be given priority to the maximum ex- nia, Slovakia, Slovenia, and Ukraine. Senator from Georgia in this amend- tent feasible over the provision and delivery (2) NATO.—The term ‘‘NATO’’ means the ment to the Defense authorization bill of such excess defense articles to all other North Atlantic Treaty Organization. for fiscal year 1997 will help form my countries except those countries referred to Mr. MCCONNELL. Mr. President, I opinion on NATO enlargement in gen- in section 541 of the Foreign Operations, Ex- ask for the yeas and nays on the eral. How well applicant countries ful- port Financing, and Related Programs Ap- fill Alliance membership criteria will, propriations Act, 1995 (Public Law 103–306; amendment. 108 Stat. 1640). The PRESIDING OFFICER. Is there a of course, be a determining factor in (b) COOPERATIVE REGIONAL PEACEKEEPING sufficient second? There is a sufficient my ultimate vote on individual can- INITIATIVES.—The Congress encourages the second. didacies. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8839 I do believe, however, that the So, Mr. President, by any standard some money behind that policy in of- amendment to the Foreign Operations Slovenia deserves to be included with fering to those nations that are most appropriations bill currently offered by Poland, the Czech Republic, and Hun- ready to enter NATO some wherewithal the Senator from Colorado is a prudent gary in the list of countries that are el- to help make that happen. To my way one, in that it seeks in a modest way to igible for targeted United States tran- of thinking, what we are doing here to- assist a small group of countries who sition assistance. night is, in some measure, ratifying have made the greatest progress to- I would close with two brief observa- and hoping to make permanent the vic- ward meeting the NATO membership tions. First, including Slovenia in this tory that freedom won in the cold war. criteria. My amendment simply recog- group would not only constitute rec- For all that time in the cold war, we nizes the fact that Slovenia indis- ognition of its remarkable political, spoke often of those people who were putably belongs in that small group. economic, and military record over the suffering in the ‘‘captive nations.’’ The Mr. President, Slovenia is a small past 5 years; it would also serve to de- people of those nations, including, may country of 2 million citizens in the far stroy the unfortunate stereotype I say, the people of Russia, fought and northwestern corner of the former emerging from the dreadful Balkan dreamed and worked and finally Yugoslavia. Without fanfare and with- warfare that all South Slavs are incor- achieved their freedom. Now these out the publicity that has accompanied rigibly violent people who cannot co- countries of central and Eastern Eu- change elsewhere behind the former operate to improve their situation. rope who want to get into NATO are Iron Curtain, Slovenia has rapidly cre- Finally, adding Slovenia to the bill’s really saying to us they want to cast ated a solid democracy and a pros- preferred list would lend more credibil- their lot for the future, not just with perous market economy. Its Western ity to Congress’s response to the NATO the West but with what the West European-style coalition government enlargement process. It would dem- means, which is freedom, the values of is a model of stability. Economically, onstrate that we are clearly focused on democracy. Slovenia now can boast of a per capita strengthening NATO and not, as some They are also accepting an obligation GNP approaching ten-thousand U.S. assert, only responding to interest- therein, which is the great task that dollars, by far the highest of any coun- group politics. There are, to be sure, NATO has achieved. NATO has not just try wishing to join NATO. Slovene-Americans who undoubtedly been a defensive alliance; it has been Moreover, Slovenia has put its nose an institution in which the countries of to the grindstone, strenuously at- have a special desire for Slovenia to tempting to fulfill the membership cri- join NATO, but they have not been es- Europe could work to reconcile their teria that the Alliance has announced. pecially active on Capitol Hill. There own conflicts, work to avoid the old What has been the result? are undoubtedly Delawareans of balance-of-power relationships that too Mr. President, no less an authority Slovene descent, but to the best of my often led to war. than U.S. Secretary of Defense William knowledge I have never been ap- As we reach out and embrace these Perry flatly stated last year that of all proached by any of them in regard to new countries that have attained their the countries of Central and Eastern this issue. freedom and want to enter NATO, I do Europe ‘‘Slovenia has made perhaps Mr. President, because of its out- not think we are doing anything here the greatest progress in the transition standing criteria-based accomplish- that should or would threaten Russia. to democracy, the transition to a mar- ments, its geostrategically important What we are doing is creating stability ket economy, and the smooth turnover location, and its proven military among the nations of Europe, Western, of the military to civilian control.’’ record, Slovenia deserves to join Po- Central, and Eastern, and guaranteeing That, I would submit, is no small land, the Czech Republic, and Hungary as best we can for those millions of praise. as eligible for additional transition as- people who live within those countries Slovenia’s geographical location also sistance for NATO membership. I urge the basic human and economic rights argues strongly for its inclusion in the my colleagues to vote for the Brown with which we in our own formative likely first group of new NATO mem- Amendment as modified. documents have said each person is en- bers. Wedged between the northern I thank the chair and yield the floor. dowed with by our Creator. Adriatic Sea and the Alps, it connects Mr. LIEBERMAN addressed the So it is a great step forward, and I Italy, a charter member of NATO, with Chair. thank all our colleagues who have Hungary, which appears in the bill’s The PRESIDING OFFICER (Mr. helped to make it happen. I thank the list of preferred applicants and, solely BROWN). The Senator from Connecti- Chair particularly, and I yield the on the basis of its accomplishment, cut. floor. would likely be in the first group ad- Mr. LIEBERMAN. I thank the Chair. Mr. SIMON addressed the Chair. mitted to the Alliance. Without Slove- Mr. President, I rise very briefly to The PRESIDING OFFICER. The Sen- nia in the Alliance, however, Hungary thank the Senator from Colorado, the ator from Illinois. would not be contiguous with NATO distinguished occupant of the chair, for Mr. SIMON. Mr. President, I com- territory, a situation which could harm the extraordinary leadership he has mend my colleague from Colorado for its chances for admission in the first shown in conceiving this proposal and his leadership on this. The reality is group. shepherding it now to the point where this is a step forward for stability in It must be added that this spring it can be adopted by the Senate. It has central Europe. Two other provisions Italy and Slovenia settled a long-stand- been my honor to work with him on in here I think are significant. That is, ing dispute over property rights, there- this as a cosponsor. we open the door to the possibility at by clearing the way for Slovenia to History is a term that is used prob- some future time for Armenia and sign an Association Agreement with ably too often around the Capitol, but some of the other Newly Independent the European Union and further ce- to my way of thinking, this is a his- States there. The second thing; in Rus- menting its ties to Western Europe. toric enactment that we are about to sia and in Belarus and in a few of the Finally, Mr. President, little Slove- make because, in enacting this amend- countries, there is a fear of nuclear nia—alone among NATO applicants— ment, we are essentially saying more weapons being established at their has proven that it can defend itself and strongly than we ever have that the doorstep. The resolution points out be a net contributor to the security of Congress of the United States is pre- that Spain and Norway, who are cur- the Western Alliance. After declaring pared to welcome into NATO, but more rent members of NATO, do not have its independence from the crumbling broadly into the community of democ- nuclear weapons and still are members Yugoslavia in the spring of 1991, Slove- racies of market economies, those na- of NATO. nia had to face an invasion by the Ser- tions that suffered under the yoke of My hope is that stations of nuclear bian-led Yugoslav National Army or Communist tyranny for so long during weapons which have no military sig- J.N.A. For ten days Slovenia stunned the cold war and are now free and nificance can be avoided. I think it will the world by routing the better armed working their way toward being eligi- diminish fears, in Russia particularly. and numerically superior invaders, ble for membership in NATO. Ms. MIKULSKI addressed the Chair. until they withdrew, tacitly acknowl- This measure, in concrete terms, not The PRESIDING OFFICER. The Sen- edging Slovene independence. only expresses that policy, but puts ator from Maryland. S8840 CONGRESSIONAL RECORD — SENATE July 25, 1996 Ms. MIKULSKI. Mr. President, I am I was offended when Russia invaded bill. Let us show our friends in Central proud to join my colleagues in support- Hungary in 1956. I was offended when and Eastern Europe that we will never ing and cosponsoring this amendment they forced Poland behind the Iron again abandon them to the forces of to enlarge NATO. I support NATO en- Curtain and made them an involuntary dictatorship and tyranny and that we largement because I do believe it will Communist nation. I was offended by will work side by side in partnership to make Europe more stable and secure. what the Russians did around the world create a lasting free and democratic It will mean that the new democracies for over 50 years. So, now, I want to Europe. of central and Eastern Europe will support this amendment to enlarge I urge my colleagues to support the share the burden of European security. NATO, to secure Europe in a better Brown amendment. It could mean that future generations way, and I hope, after we take this vote THE NATO ENLARGEMENT FACILITATION ACT OF of Americans might not be sent to Eu- tonight, that I can go back to my great 1996 rope to fight for Europe. grandmother’s home and put not only Mr. ROTH. Mr. President, I have long Mr. President, a word about Poland. Roosevelt’s picture back up, but HANK supported NATO, and the extension of As an American of Polish heritage, I BROWN and so many other people here. membership in this transatlantic insti- know that the Polish people did not Mr. President, I yield the floor. tution to the new democracies of choose to live behind the Iron Curtain. Mr. HELMS. Mr. President, the Central and Eastern Europe. And today In 1939, when Poland was invaded by amendment offered by the distin- I wish to express my support for the the Nazis, the West was silent and guished Senator from Colorado [Mr. NATO Enlargement Facilitation Act of talked about peace, but it was appease- BROWN] is an important step for the 1996—extremely important legislation ment. After the end of the war, they countries of Central and Eastern Eu- which I also cosponsor. were forced by the Yalta agreement, by rope who seek to ensure their security This bill is designed specifically to Potsdam and the very West itself, to and sovereignty as full members of the support and foster the careful, gradual put them behind the Iron Curtain. NATO Alliance. extension of NATO membership to the During World War II, my great As an original cosponsor of this legis- nations of Central and Eastern Europe. grandmother, who came to this coun- lation when it was introduced in Once passed, this bill will direct tan- try from Poland, had three pictures on June—the last foreign policy initiative gible assistance to the efforts of Po- her mantelpiece when I would go to her authored by Senator Dole before he left land, the Czech Republic, and Hungary home. One of Pope Pius the XII, our the Senate—I am pleased to be a co- to join the Alliance. These nations are spiritual leader, the other of my Uncle sponsor of Senator BROWN’s amend- the best prepared in their region for Joe who was on the police force, and ment. the responsibilities and burdens of President Roosevelt, because she be- This legislation serves to correct the NATO membership. Let me also emphasize that it is the lieved that President Roosevelt was terrible injustice perpetrated at Yalta intent of the authors of this bill to en- good for America and the world. half a century ago, when for reasons of After Yalta and Potsdam, my great political expediency artificial divisions sure that the entry of Poland, Hun- grandmother turned Roosevelt’s pic- were imposed on Europe, subjecting gary, and the Czech Republic into the ture down on the mantel. She would countries with democratic traditions Alliance is part of an inclusive and on- not take him down because she was a similar to those in Western Europe to going process of NATO enlargement. NATO enlargement does not have to, Democrat, but she was pretty mad at decades of communist domination. In and should not be allowed to, create Roosevelt, as were so many other peo- the years since the Iron Curtain was any new divisions in Europe. Hence, lifted from the European continent, ple. our bill explicitly states that the Unit- I cannot forget the history of this re- many countries in Central and Eastern ed States should continue and expand gion. But my support for this amend- Europe have made dramatic progress in upon its support for full and active par- ment is not based on the past. It is resurrecting their democratic histories ticipation of all Central and Eastern based on the future, a future which and instituting reform measures that European countries in activities appro- these newly free and democratic coun- solidify their commitment to the priate for qualifying for NATO mem- tries will take their rightful place as democratic ideals espoused by mem- bership. members of Western Europe. That is bers of the NATO Alliance. This legislation clearly outlines a vi- where they want to be, with Western I firmly believe that enlarging NATO sion of NATO enlargement, an on-going Europe. NATO did play an important to include those countries which are process that will reach out to all the role in securing the freedom of the capable of contributing to the Alliance nations of Central and Eastern Europe world and ending the cold war. This is in the interests of the United States. as they become capable of making a has been an alliance that helped us win Our country knows too well the danger net contribution to the Alliance’s over- the cold war, a deterrent between the of allowing a security vacuum to per- all interests, capabilities, and security. superpowers. It helped prevent con- sist in this region and should work ac- Extending the Alliance’s membership frontations between member states. tively to encourage closer ties between to Poland, the Czech Republic and Hun- I know if NATO is to survive, it must the countries in Central and Eastern gary, will help transform Central and adopt to the needs of the end of the Europe and the West. Since they re- Eastern Europe into a cornerstone of cold war. NATO has evolved since 1949 gained their freedom, many countries enduring peace and stability in post- and this is the next important step in in this region have worked diligently cold war Europe. NATO enlargement is NATO enlargement. How many times to implement the democratic and free in America’s interests for many rea- have we talked burden sharing in Eu- market reform measures which were sons. Principal among these include rope? These countries are ready to do essential to reversing years of ill the following: it. Thousands of troops from Poland, founded communist policies. The First, it is absolutely necessary to Hungary, the Czech Republic, the Bal- Brown amendment establishes a pro- consolidate and secure an enduring and tics, Ukraine, and others are there to gram that will assist these countries as stable peace in Europe. This is a con- help secure peace. They are not asking they prepare for the rights and respon- tinent where America has vital inter- for a handout. They are asking for a sibilities of full NATO membership. ests and it is a continent that, histori- chance to be part of NATO. This The Brown amendment recognizes cally speaking, has been besieged by amendment puts Poland, Hungary, and that Poland, the Czech Republic, and violent and brutal wars. NATO enlarge- the Czech Republic into NATO where it Hungary and Slovenia have made the ment will project security into a region runs them up where they belong. most progress in implementing impor- that has long suffered as a security Some people believe we will offend tant reform measures such as estab- vacuum in European affairs. History Russia by expanding NATO. Maybe we lishing a free market economy, insti- has repeatedly shown us that the stra- will. And my response to that is, so tuting civilian control over the mili- tegic vulnerability of Central and East- what? So what if we offend Russia? We tary, and introducing the rule of law. ern Europe has produced catastrophic must delink the future of Poland, Hun- These three countries are designated as consequences—consequences that drew gary and the Czech Republic from what eligible to receive the NATO transition the United States twice this century Russia thinks. assistance already appropriated in this into world war. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8841 The most effective way to address cently appointed by Russian President third reading and final passage of H.R. this security vacuum in Central and Yeltsin as Secretary of Russia’s Na- 3540. Eastern Europe is by integrating these tional Security Council. Lebed also fin- Mr. FORD. Reserving the right to ob- nations into NATO and the other insti- ished third in the first round of the ject, do I understand the floor leader, tutions that constitute the trans- Russian presidential elections. Thus, then, that we will have two more votes atlantic community of nations. his statement reflects positively on this evening, the debate, and then Second, NATO enlargement will help both the attitudes of the Russian pub- stack the votes until 9:30 in the morn- facilitate this integration, both politi- lic and official Russian policy toward ing, and then final passage? cally and economically. NATO enlarge- NATO enlargement. Mr. McCONNELL. That is right. ment is a key step to extending to the Mr. President, I would also like to Mr. FORD. Two votes tonight? entire continent of Europe the zone of note that this NATO enlargement leg- Mr. McCONNELL. That is correct. peace, democracy, and prosperity that islation reflects the attitudes of many The PRESIDING OFFICER. Without now includes North America and West- of our parliamentary counterparts in objection, it is so ordered. ern Europe. Passage of our NATO en- Europe. The North Atlantic Assembly, Mr. McCONNELL. In light of this largement legislation will demonstrate a gathering of legislators from the six- agreement, there will be no further America’s commitment to consolidat- teen nations of NATO, adopted at the rollcall votes this evening after two ing an enlarged Europe. This will give end of 1994, my resolution calling for back-to-back votes to shortly begin, more incentive to all the nations of the the extension of membership in the Al- with the first votes tomorrow to begin region to continue their political and liance to Poland, the Czech Republic, at 9:30 a.m. economic reforms by demonstrating and Hungary. VOTE ON AMENDMENT NO. 5018 that these reforms do result in tangible Mr. President, America’s defense and The PRESIDING OFFICER. The geo-political gains. security must be structured to shape a question is on agreeing to amendment By projecting and reinforcing stabil- strategic landscape that enhances eco- No. 5018 offered by the Senator from ity in Central and Eastern Europe, nomic, political, and military stability Georgia Mr. [COVERDELL]. NATO enlargement will consolidate the all across Europe. Careful and gradual The yeas and nays have been ordered. context necessary for this region’s na- extension of NATO membership to na- The clerk will call the roll. tions to focus on internal political and tions of Central and Eastern Europe is The legislative clerk called the roll. Mr. NICKLES. I announce that the economic reform. Mr. President, secu- a critical step toward this end. This is Senator from Maine [Mr. COHEN] and rity is not an alternative to reform, in our national interest. It is action the Senator from Oregon [Mr. HAT- but it is essential for reform to occur. long overdue, and it is the intent of the FIELD] are necessarily absent. Third, two great powers, Germany NATO Enlargement Facilitation Act of I further announce that, if present and Russia, are now undergoing very 1996. and voting, the Senator from Oregon complex and sensitive transformations. For these reasons, I call upon my col- [Mr. HATFIELD] would vote ‘‘nay.’’ Their futures will be significantly leagues in the Senate, as well as Presi- Mr. FORD. I announce that the Sen- shaped by the future of Central and dent Clinton and his Administration, ator from Nebraska [Mr. EXON] is nec- Eastern Europe. Extending NATO to embrace this legislation. essarily absent. membership to nations of this region The PRESIDING OFFICER. The The PRESIDING OFFICER. Are there will reinforce the positive evolutions of question is on agreeing to the amend- any other Senators in the Chamber de- these two great powers. ment offered by the Senator from Geor- siring to vote? In the case of Germany, NATO en- gia [Mr. COVERDELL]. The result was announced—yeas 51, largement will further lock German in- The yeas and nays have been ordered. nays 46, as follows: terests into a transatlantic security Mr. McCONNELL. I suggest the ab- structure and thereby further consoli- sence of a quorum. [Rollcall Vote No. 244 Leg.] date the extremely positive role Bonn The PRESIDING OFFICER. The YEAS—51 now plays in European affairs. clerk will call the roll. Abraham Faircloth McCain The legislative clerk proceeded to Ashcroft Frahm McConnell The extension of NATO membership Baucus Frist Murkowski to Central and East European nations call the roll. Bennett Gorton Nickles will also be of great benefit to Russia. Mr. McCONNELL. Mr. President, I Biden Graham Pressler By enhancing and reinforcing stability ask unanimous consent that the order Bond Gramm Roth for the quorum call be rescinded. Brown Grams Santorum and peace in Central and Eastern Eu- Burns Grassley Shelby rope, NATO enlargement will make un- The PRESIDING OFFICER. Without Campbell Gregg Simpson realistic the calls by Russia’s extrem- objection, it is so ordered. Chafee Hatch Smith UNANIMOUS-CONSENT AGREEMENT Coats Helms Snowe ists for the revitalization of the former Cochran Hutchison Specter Soviet Union or the Westward expan- Mr. McCONNELL. Mr. President, I Coverdell Inhofe Stevens sion of Russian hegemony. Greater sta- ask unanimous consent that following Craig Kempthorne Thomas bility along Russia frontiers will also the conclusion of these two votes, the D’Amato Kyl Thompson DeWine Lott Thurmond enable Moscow to direct more of its en- only remaining amendments in order Domenici Mack Warner ergy toward the internal challenges of to H.R. 3540 be a managers’ amendment NAYS—46 political and economic reform. and an amendment to be offered by This point is too often forgotten in Senator SIMPSON, relative to refugees, Akaka Harkin Mikulski Bingaman Heflin Moseley-Braun this debate. There has been too strong on which there be 30 minutes to be Boxer Hollings Moynihan a tendency in US policy to overreact to equally divided in the usual form, with Bradley Inouye Murray outdated Russian sensitivities. This no second-degree amendments in order Breaux Jeffords Nunn or amendments to the language pro- Bryan Johnston Pell overreaction comes at the expense of Bumpers Kassebaum Pryor strategic realities and objectives posed to be stricken; and an amend- Byrd Kennedy Reid central to the interests of the Alliance, ment by Senator LIEBERMAN with a Conrad Kerrey Robb as well as to the United States. second-degree amendment in order by Daschle Kerry Rockefeller Dodd Kohl Sarbanes Let me add, Mr. President, that Rus- Senator MURKOWSKI, and possibly one Dorgan Lautenberg Simon sian opposition to NATO enlargement by Senator MCCONNELL; following the Feingold Leahy Wellstone is withering and appears to be in the conclusion of the debate with respect Feinstein Levin Wyden process of being replaced by a more en- to the amendments listed above, the Ford Lieberman Glenn Lugar lightened understanding of the motiva- amendments be laid aside, the votes to tions behind NATO enlargement. I occur at 9:30 a.m. on Friday, with 2 NOT VOTING—3 would like my colleagues to note an minutes for debate prior to each Cohen Exon Hatfield interview in today’s Financial Times stacked vote on or in relation to the The amendment (No. 5018) was agreed with General Alexander Lebed, who de- Simpson amendment, to be followed by to. clared that Russia does not oppose votes with respect to the other amend- Mr. SANTORUM. Mr. President, I NATO enlargement. Lebed was re- ments, to be followed immediately by move to reconsider the vote. S8842 CONGRESSIONAL RECORD — SENATE July 25, 1996 Mr. COVERDELL. I move to lay that The PRESIDING OFFICER. The transferred are to come from the funds motion on the table. clerk will report. the Congress provides for USAID, an The motion to lay on the table was The legislative clerk read as follows: agency well-suited for this task. In- agreed to. The Senator from Kentucky [Mr. MCCON- deed, USAID has spoken eloquently in VOTE ON AMENDMENT NO. 5058 NELL] proposes amendments numbered 5084 support on IFAD and has helped build The PRESIDING OFFICER. The through 5087, en bloc, and amendment No. it into a model of effective assistance. question now occurs on agreeing to 5082, as modified. Unfortunately, however, USAID has amendment No. 5058 offered by the Sen- Mr. McCONNELL. Mr. President, I not spent one nickel on IFAD for fiscal ator from Colorado [Mr. BROWN]. The ask unanimous consent that further year 1996. yeas and nays have been ordered. The reading of the amendments be dis- Congress cannot allow indecisiveness clerk will call the roll. pensed with. to undo the achievements of two dec- The assistant legislative clerk called The PRESIDING OFFICER. Without ades of U.S. participation in IFAD. the roll. objection, it is so ordered. Senators and Representatives—on both Mr. NICKLES. I announce that the The amendments (Nos. 5084 through sides of the aisle—clearly support Senator from Maine [Mr. COHEN] and 5087), en bloc, and Amendment (No. IFAD and have called on USAID to the Senator from Oregon [Mr. HAT- 5082), as modified are as follows: continue funding this respected agen- FIELD] are necessarily absent. AMENDMENT NO. 5084 cy. Our only recourse now is to man- I further announce that, if present On page 107, line 11, strike ‘‘up to date participation in the fourth replen- and voting, the Senator from Oregon $30,000,000’’ and insert in lieu thereof the fol- ishment. [Mr. HATFIELD] would vote ‘‘nay.’’ lowing: ‘‘$17,500,000’’. I urge Senators to support the Mr. FORD. I announce that the Sen- Mr. COCHRAN. Mr. President, I have amendment. ator from Nebraska [Mr. EXON] is nec- proposed this amendment because I AMENDMENT NO. 5085 essarily absent. have concluded this is the only way to The result was announced—yeas 81, SEC. . SHORT TITLE. ensure that the administration re- This title may be cited as the ‘‘Bank for nays 16, as follows: sponds to the will of Congress regard- Economic Cooperation and Development in [Rollcall Vote No. 245 Leg.] ing the International Fund for Agricul- the Middle East and North Africa Act’’. YEAS—81 tural Development [IFAD]. SEC. . ACCEPTANCE OF MEMBERSHIP. Abraham Frahm McCain Last year, the Congress authorized The President is hereby authorized to ac- Akaka Frist McConnell U.S. participation in the fourth replen- cept membership for the United States in the Ashcroft Glenn Mikulski ishment of IFAD resources. Since that Bank for Economic Cooperation and Devel- Baucus Gorton Moseley-Braun opment in the Middle East and North Africa Bennett Graham Moynihan time, Senators and Representatives (in this title referred to as the ‘‘Bank’’) pro- Biden Gramm Murkowski have written to the Administrator of Bond Grams Murray vided for by the agreement establishing the Boxer Grassley Nickles the U.S. Agency for International De- Bank (in this title referred to as the ‘‘Agree- Brown Gregg Pressler velopment encouraging him to exercise ment’’), signed on May 31, 1996. Bryan Hatch Pryor the authority we provided and make a SEC. . GOVERNOR AND ALTERNATE GOVERNOR. Burns Heflin Reid generous contribution to the fourth re- (a) APPOINTMENT.—At the inaugural meet- Byrd Helms Robb ing of the Board of Governors of the Bank, Campbell Hollings Rockefeller plenishment. The Administrator of Coats Inhofe Roth USAID has not complied with these re- the Governor and the alternate for the Gov- Cochran Inouye Santorum quests. ernor of the International Bank for Recon- Conrad Kassebaum Sarbanes While other countries have agreed to struction and Development, appointed pursu- Coverdell Kempthorne Shelby ant to section 3 of the Bretton Woods Agree- Craig Kennedy Simon the fourth replenishment, the United ments Act, shall serve ex-officio as a Gov- D’Amato Kerry Simpson States has delayed, and this delay is ernor and the alternate for the Governor, re- Daschle Kohl Smith threatening IFAD’s managerial re- spectively, of the Bank. The President, by DeWine Kyl Snowe Dodd Lautenberg Specter forms and undermining U.S. leadership and with the advice and consent of the Sen- Domenici Levin Stevens in the organization. ate, shall appoint a Governor of the Bank Faircloth Lieberman Thompson It is my objective to secure effective and an alternate for the Governor. Feingold Lott Thurmond U.S. participation in the fourth replen- (b) COMPENSATION.—Any person who serves Feinstein Lugar Warner as a Governor of the Bank or as an alternate Ford Mack Wellstone ishment. The United States has been the lead sponsor of IFAD, a tightly for the Governor may not receive any salary NAYS—16 or other compensation from the United managed organization that focuses on States by reason of such service. Bingaman Harkin Nunn rural poverty in developing nations by Bradley Hutchison Pell SEC. . APPLICABILITY OF CERTAIN PROVISIONS Breaux Jeffords Thomas making loans directly to poor farmers. OF THE BRETTON WOODS AGREE- Bumpers Johnston Wyden These small retail loans help combat MENTS ACT. Chafee Kerrey poverty, especially among women and Section 4 of the Bretton Woods Agree- Dorgan Leahy children, create internal stability, and ments Act shall apply to the Bank in the NOT VOTING—3 help build markets for U.S. exports. same manner in which such section applies to the International Bank for Reconstruc- Cohen Exon Hatfield Despite wide support and the earlier tion and Development and the International The amendment (No. 5058), as further stated intention of the administration Monetary Fund. modified, was agreed to. to participate in the fourth replenish- SEC. . FEDERAL RESERVE BANKS AS DEPOSI- Mr. McCONNELL. Mr. President, I ment, it has not yet announced its TORIES. move to reconsider the vote. pledge. As the Nation that led in the Any Federal Reserve Bank which is re- Mr. MURKOWSKI. I move to lay that creation and funding of IFAD, part of quested to do so by the Bank may act as its motion on the table. the U.S. responsibility is to announce depository, or as its fiscal agent, and the The motion to lay on the table was our level of financial support which, in Board of Governors of the Federal Reserve agreed to. turn, helps determine the pledge System shall exercise general supervision over the carrying out of these functions. AMENDMENTS NOS. 5084 THROUGH 5087, EN BLOC, amounts of other developed nations. In SEC. . SUBSCRIPTION OF STOCK. AND AMENDMENT NO. 5082, AS MODIFIED this way, our contribution is leveraged (a) SUBSCRIPTION AUTHORITY.— Mr. McCONNELL. Mr. President, and brings additional resources from (1) IN GENERAL.—The Secretary of the there are five amendments that have other developed countries, funds that Treasury may subscribe on behalf of the been cleared on both sides; an amend- are spent, not on overhead or adminis- United States to not more than 7,011,270 ment by Senator COCHRAN on IFAD, a tration, but on local projects where shares of the capital stock of the Bank. McConnell-Leahy-Lautenberg amend- this money has substantial impact. (2) EFFECTIVENESS OF SUBSCRIPTION COMMIT- ment on MEDEVAC, a Leahy narcotics The funding in my amendment does MENT.—Any commitment to make such sub- amendment, a Pell amendment on the not add to the total cost of the bill. It scription shall be effective only to such ex- tent or in such amounts as are provided for environment, and a modification to is a mandated transfer of bilateral as- in advance by appropriations Acts. amendment No. 5082. I send those to sistance funds, either provided in this (b) LIMITATIONS ON AUTHORIZATION OF AP- the desk and ask unanimous consent bill or unspent from appropriations PROPRIATIONS.—For payment by the Sec- that they be considered en bloc. made in prior years. The amounts to be retary of the Treasury of the subscription of July 25, 1996 CONGRESSIONAL RECORD — SENATE S8843 the United States for shares described in Cooperation and Development in the Middle ty, which obligates parties to the Antarctic subsection (a), there are authorized to be ap- East and North Africa,’’ after ‘‘Inter-Amer- Treaty to require Environmental Impact As- propriated $1,050,007,800 without fiscal year ican Development Bank’’. sessment procedures for proposed activities limitation. (b) EXEMPTION FROM LIMITATIONS AND RE- in Antarctica. (c) LIMITATIONS ON OBLIGATION OF APPRO- STRICTIONS ON POWER OF NATIONAL BANKING (b) SENSE OF THE SENATE.—It is the sense PRIATED AMOUNTS FOR SHARES OF CAPITAL ASSOCIATIONS TO DEAL IN AND UNDERWRITE of the Senate that— STOCK.— INVESTMENT SECURITIES OF THE BANK.—The (1) the United States Government should (1) PAID-IN CAPITAL STOCK.— 7th sentence of paragraph 7 of section 5136 of encourage the governments of other nations (A) IN GENERAL.—Not more than $105,000,000 the Revised Statutes of the United States (12 to engage in analysis of activities that may of the amounts appropriated pursuant to U.S.C. 24) is amended by inserting ‘‘Bank for cause adverse impacts on the environment of subsection (b) may be obligated for subscrip- Economic Cooperation and Development in other nations or a global commons area; and tion to shares of paid-in capital stock. the Middle East and North Africa’’, after (B) FISCAL YEAR 1997.—Not more than ‘‘the Inter-American Development Bank’’. (2) such addition analysis can recommend $52,500,000 of the amounts appropriated pur- (c) BENEFITS FOR UNITED STATES CITIZEN- alternatives that will permit such activities suant to subsection (b) for fiscal year 1997 REPRESENTATIVES TO THE BANK.—Section 51 to be carried out in environmentally sound may be obligated for subscription to shares of Public Law 91–599 (22 U.S.C. 276c–2) is ways to avoid or minimize any adverse envi- of paid-in capital stock. amended by inserting ‘‘the Bank for Eco- ronmental effects, through requirements for (2) CALLABLE CAPITAL STOCK.—Not more nomic Cooperation and Development in the Environmental Impact Assessments where than $787,505,852 of the amounts appropriated Middle East and North Africa,’’ after ‘‘the appropriate. pursuant to subsection (b) may be obligated Inter-American Development Bank,’’. Mr. PELL. Mr. President, I am very for subscription to shares of callable capital Amend the title so as to read as follows: pleased that the Senate adopted my ‘‘A Bill to authorize United States contribu- stock. amendment on environmental impact (d) DISPOSITION OF NET INCOME DISTRIBU- tions to the International Development As- TIONS BY THE BANK.—Any payment made to sociation and to a capital increase of the Af- assessment in a transboundary con- the United States by the Bank as a distribu- rican Development Bank, to authorize the text. I want to thank the bill’s man- tion of net income shall be covered into the participation of the United States in the agers, in particular, for their assist- Treasury as a miscellaneous receipt. Bank for Economic Cooperation and Devel- ance in making Senate action possible. SEC. . JURISDICTION AND VENUE OF CIVIL AC- opment in the Middle East and North Africa, I also want to thank Senator MURKOW- TIONS BY OR AGAINST THE BANK. and for other purposes.’’ SKI for his willingness to work with me (a) JURISDICTION.—The United States dis- on this issue. trict courts shall have original and exclusive AMENDMENT NO. 5086 jurisdiction of any civil action brought in On page 114, line 24 insert the following be- Mr. President, my amendment is sim- the United States by or against the Bank. fore the period at the end thereof: ‘‘: Provided ple. It expresses the sense of the Senate (b) VENUE.—For purposes of section 1391(b) further, That of the funds appropriated under that the U.S. Government should en- of title 28, United States Code, the Bank this heading by prior appropriations Acts, courage other nations to carry out en- shall be deemed to be a resident of the judi- $36,000,000 of unobligated and unearmarked vironmental impact assessments for cial district in which the principal office of funds shall be transferred to and consoli- activities that will have transboundary the Bank in the United States, or its agent dated with funds appropriated by this Act impacts. In other words, if countries appointed for the purpose of accepting serv- under the heading ‘‘International Organiza- are going to carry out activities with ice or notice of service, is located. tions and Programs’’. significant cross-border environmental SEC. . EFFECTIVENESS OF AGREEMENT. The Agreement shall have full force and ef- AMENDMENT NO. 5087 impacts, the country undertaking the fect in the United States, its territories and (Purpose: To express the sense of the Senate activity should, at a bare minimum, be possessions, and the Commonwealth of Puer- that the United States Government should aware of the consequences of its activi- to Rico, upon acceptance of membership by encourage other governments to draft and ties. the United States in the Bank and the entry participate in regional treaties aimed at The amendment is an extension of into force of the Agreement. avoiding any adverse impacts on the phys- my long interest in the protection of SEC. . EXEMPTION FROM SECURITIES LAWS FOR ical environment or environmental inter- the global commons. In 1977, I intro- CERTAIN SECURITIES ISSUED BY ests of other nations or a global commons THE BANK; REPORTS REQUIRED. area, through the preparation of Environ- duced a resolution which called on the (a) EXEMPTION FROM SECURITIES LAWS; RE- mental Impact Assessments, where appro- U.S. Government to seek the agree- PORTS TO SECURITIES AND EXCHANGE COMMIS- priate) ment of other governments to a pro- SION.—Any securities issued by the Bank (in- On page 198, between lines 17 and 18, insert posed global treaty requiring the prep- cluding any guaranty by the Bank, whether the following: aration of an international environ- or not limited in scope) in connection with SEC. . SENSE OF THE SENATE. mental assessment for any major borrowing of funds, or the guarantee of secu- (a) FINDINGS.—Congress finds that— project, action, or continuing activity rities as to both principal and interest, shall (1) Environmental Impact Assessments as which may be reasonably expected to be deemed to be exempted securities within a national instrument are undertaken for the meaning of section 3(a)(2) of the Securi- have a significant adverse effect on the proposed activities that are likely to have a physical environment or environ- ties Act of 1933 and section 3(a)(12) of the Se- significant adverse impact on the environ- curities Exchange Act of 1934. The Bank ment and are subject to a decision of a com- mental interest of another nation or a shall file with the Securities and Exchange petent national authority; global commons area. That resolution Commission such annual and other reports (2) in 1978 the Senate adopted Senate Reso- was adopted by the Senate in 1978. with regard to such securities as the Com- lution 49, calling on the United States Gov- While my 1978 resolution initially mission shall determine to be appropriate in ernment to seek the agreement of other gov- called for a global treaty applying to view of the special character of the Bank and ernments to a proposed global treaty requir- activities worldwide, regional ap- its operations and necessary in the public in- ing the preparation of Environmental Impact terest or for the protection of investors. proaches may also be called for in some Assessments for any major project, action, instances. We have seen such an ap- (b) AUTHORITY OF SECURITIES AND EX- or continuing activity that may be reason- CHANGE COMMISSION TO SUSPEND EXEMPTION; ably expected to have a significant adverse proach used in the Convention on Envi- REPORTS TO THE CONGRESS.—The Securities effect on the physical environment or envi- ronmental Impact Assessment in a and Exchange Commission, acting in con- ronmental interests of another nation or a Transboundary Context. The Conven- sultation with such agency or officer as the global commons area; tion was signed by the United States President shall designate, may suspend the (3) subsequent to the adoption of Senate and members of the United Nations provisions of subsection (a) at any time as to Resolution 49 in 1978, the United Nations En- Economic Commission for Europe. any or all securities issued or guaranteed by vironment Programme Governing Council the Bank during the period of such suspen- adopted Goals and Principles on Environ- Mr. President, this amendment sim- sion. The Commission shall include in its an- mental Impact Assessment calling on gov- ply underscores the point that environ- nual reports to the Congress such informa- ernments to undertake comprehensive Envi- mental impact assessments should be tion as it shall deem advisable with regard to ronmental Impact Assessments in cases in carried out when activities in one the operations and effect of this section. which the extent, nature, or location of a country are likely to affect adversely SEC. . TECHNICAL AMENDMENTS. proposed activity is such that the activity is the environment of another country or (a) ANNUAL REPORT REQUIRED ON PARTICI- likely to significantly affect the environ- the global commons. PATION OF THE UNITED STATES IN THE BANK.— ment; and Section 1701(c)(2) of the International Finan- (4) on October 7, 1992, the Senate gave its What the United States and its allies cial Institutions Act (22 U.S.C. 262r(c)(2)) is advice and consent to the Protocol on Envi- have achieved, both in domestic law amended by inserting ‘‘Bank for Economic ronmental Protection to the Antarctic Trea- and in treaties, must now be duplicated S8844 CONGRESSIONAL RECORD — SENATE July 25, 1996 by other states, so that the use of envi- This provision, Mr. President, has far cants, with the balance to ronmental impact assessment truly be- more serious consequences than its Evangelicals. Not surprisingly, there comes a standard precautionary meas- title indicates. It is the continuation of has been a wave of dubious conversions ure. what was known originally as the Lau- reported in the latter group, Mr. President, this amendment ac- tenberg amendment, a very well-found- Evangelicals especially, among knowledges the efforts that have al- ed amendment in 1989. I commended Pentecostals. There are church mem- ready been made and encourages the my friend then, and I have always en- bers who say they did not know this U.S. Government to continue efforts to joyed working with Senator LAUTEN- person was a Pentecostal, but they promote environmental impact assess- BERG. It is now a provision which has were near enough to the church and ments as a tool in environmental pro- distorted, in these times in 1996, has they learned what to say at the inter- tection. I thank my colleagues for distorted our refugee system and per- view. In fact, a leader of a Pentecostal their support of this amendment. mitted the entry of frauds and crimi- group in Russia told the INS that many AMENDMENT NO. 5082, AS MODIFIED nals into the United States. who claim to be so are not This provision is an abuse in its On page 120, line 21, before the period in- Pentecostals at all. sert the following: ‘‘: Provided further, That present form, an abuse of the refugee According to this church leader, of the amount appropriated under this head- act. most of the applicants simply have ing, $5,000,000 shall be available only for a I hope my colleagues will join me in family members who are Pentecostal, land and resource management institute to sweeping away this cold war provision, and these applicants use their famili- identify nuclear contamination at this relic, in restoring credibility to arity with the religion to pass them- Chernobyl. U.S. refugee admissions. Let me review selves off as category members. The PRESIDING OFFICER. The it with you very briefly. Under the Ref- According to interim cables which I question is on agreeing to the amend- ugee Act of 1980—I know this amend- will have printed in the RECORD from ments, en bloc. ment will probably get trashed by a the Immigration and Naturalization The amendments (Nos. 5084 through vote of 80–20, but it will be in the Service, less than—I hope you hear this 5087), en bloc, and amendment (No. RECORD—we know that we cannot con- in this debate—less than one-half of 1 5082), as modified, were agreed to. tinue to make presumptive status of percent of those who apply under the Mr. McCONNELL. I move to recon- ‘‘refugeeness’’ when we should be doing Lautenberg standards would meet the sider the votes. it on a case-by-case basis. That is what worldwide definition of refugee. Never- Mr. LEVIN. I move to lay those mo- the law provided, the 1980 law. theless, 91 percent of these applicants You have a situation today where if tions on the table. were approved under the reduced guide- you are presumed to be a refugee, you The motions to lay on the table were lines. are taking a precious number from agreed to. In the most recent human rights re- someone who is a real refugee, someone Mr. McCONNELL. Mr. President, ports from the State Department to fleeing persecution based upon race, re- Senator SIMPSON is on the floor and the Committee on Foreign Relations, ligion, or national origin. Under the ready to proceed. the U.S. State Department found in Refugee Act of 1980 and under the U.N. Mr. SIMPSON. I thank the manager, Russia ‘‘the Constitution provides for Convention and Protocol, a ‘‘refugee’’ indeed, for his patience and courtesy. freedom of religion, and the Govern- is someone with a well-founded fear of AMENDMENT NO. 5088 ment respects this right in practice.’’ persecution on account of race, reli- (Purpose: To strike the provision which ex- The report continues that ‘‘although gion, nationality, membership in a par- tends reduced refugee standards for certain Jews and Muslims continue to encoun- groups) ticular social group or political opin- ion. This is the international defini- ter prejudice,’’ and indeed they do, Mr. SIMPSON. Mr. President, I send ‘‘they have not been inhibited by the an amendment to the desk and ask tion, and the U.S. adopted it in 1980 under the able leadership of Senator Government in the free practice of that it be read. their religion.’’ TED KENNEDY. Determination of wheth- The PRESIDING OFFICER. The Does anyone here doubt that there is er an individual is a refugee is to be clerk will report the amendment. no prejudice in the former Soviet made on a case-by-case basis. It is the The assistant legislative clerk read Union? Of course not. There is tremen- as follows: law. Under the so-called Lautenberg dous prejudice in the former Soviet The Senator from Wyoming [Mr. SIMPSON] Union, please hear that. It is also a proposes an amendment numbered 5088. amendment, with the best of intentions and the sincerest of motives, persons in fact that there is prejudice in this Mr. SIMPSON. Mr. President, I ask the former Soviet Union qualify as a country. I do not dispute that fact ei- unanimous consent that further read- refugee just by being a member of a ther, and no one else can, but simple ing of the amendment be dispensed particular group. For Jews and Evan- prejudice does not make a person here with. gelical Christians in the former Soviet or in the former Soviet Union a refu- The PRESIDING OFFICER. Without Union, and others, Ukrainian, Ortho- gee. Refugees are persons fleeing offi- objection, it is so ordered. dox, a refugee applicant need only ‘‘as- cial political persecution. They are not The amendment is as follows: sert’’ the fear of persecution and fleeing discrimination. On page 196, strike lines 14 through 26. ‘‘assert″ a credible basis for concern Now my colleagues should know that Mr. SIMPSON. Mr. President, this about the ‘‘possibility’’ of such perse- the categories under the Lautenberg amendment will strike a very ill-de- cution. amendment, which receive a special fined section of this bill on page 196, Mr. President, 50,000 Americans re- lower adjudication standard, was estab- which would give no one any indication ceive refugee status under this stand- lished in 1989 when there was a clear as to what it is because it leaves us ard each year, and the total number of history of religious persecution by the simply in the section numbers and sub- refugees as set by the United States is Communist Soviet State apparatus. section numbers. 92,000. In other words, admission to the This is no longer the case. The Soviet The amendment would strike that United States as a refugee, and all of Union is gone. Russia is an ally. This provision in this bill, one whose title is the protection and the financial assist- foreign aid bill we are debating tonight Section 576, ‘‘Extension Of Certain Ad- ance which accompanies such a status, provides $640 million in aid to this judication Provisions.’’ It does not ac- is made on the basis of two assertions country. How can we possibly decide curately capture its full importance in that do not in themselves involve any that up to 50,000 of the precious num- any way. test of credibility at all. Every other bers of 90,000-plus are refugees? This My colleagues may be unaware of refugee applicant is required to estab- program does great violence to the Ref- this provision’s significance. And the lish his or her identity for eligibility to ugee Act of 1980. committee report provides precious lit- establish that. Those who benefit from The inspector general of the State tle guidance. The report says only that this special treatment need only to as- Department just completed a thorough this provision ‘‘amends current law to sert their eligibility. audit of the refugee admissions pro- extend for another year the authority About 80 percent of these special ref- gram. I want to share some of the find- to adjust the status of certain aliens.’’ ugee admissions go to Jewish appli- ings in the January 1996 report. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8845 INS officers told State Department cants are not even Jewish or Evan- Committee has just completed a 6- investigators that the so-called Lau- gelical Christians or Pentecostals or month inquiry into Russian organized tenberg designations have changed the Orthodox Ukraine. crime in the United States. At their U.S. refugee admissions program into a The program has become an inter- hearing on May 15, the subcommittee ‘‘side-door immigration program.’’ You national disgrace. A State Department heard testimony from a member of the see, if you bring a refugee to this coun- report mentions a satirical play per- Russian Mafia, who testified anony- try, the United States of America pays formed in Moscow based on an appli- mously, behind the screen, for his own the bill, pays the transportation, pays cant deceiving the INS adjudicators. protection. He is in the clink now. for the support system after they come An INS cable from 1993 says, ‘‘Many During meetings with Investigations here. But if you immigrate, you pay it. reliable sources have told us of a cot- Subcommittee staff members, that in- Hear that—if you bring a sponsored im- tage industry which has sprung up dividual, a member of a Russian crime migrant to the United States, you pay; which gives refugee applicants classes ring in the United States, said the Lau- you, personally, pay for their transpor- on how to successfully pass their INS tenberg refugee program was used all tation; you, personally, say they will interview.’’ the time by Russian Mafia members to not become a public charge, and people This amendment has the most per- enter our Nation. If we don’t pay atten- obviously would prefer to come in nicious effect—and I know there is not tion to our own Senate investigations, under refugee status. a person in this Chamber that would Mr. President, just who are we going to Evidence is mounting, mounting, and want this to happen, but it does—this listen to? this has been echoed by Moscow-based amendment denies real refugees the op- The time has come to let this pro- groups working with the former Soviet portunity for a safe haven in our coun- gram end. We must not continue to let refugees, that this is a ‘‘side-door im- try. This provision has established a domestic, selfish interests corrupt our migration program.’’ Undoubtedly, multiyear commitment on behalf of refugee program, to the detriment of most of these people, the evidence is the special categories—in other words, real refugees. We will never have more mounting, showing that most of these the pipeline is clogged—and has guar- refugees maybe than we will this year. people are not refugees. The State De- anteed that more than half of our fiscal We don’t have the numbers to produce, partment reports that there more than year 1996 refugee numbers are going to and we presume then that we will give 42,000 people—at least it will be in the people who are not really fleeing perse- them to a country we are giving $640 RECORD; if nobody is paying attention, cution. Our flexibility to respond to million to tonight, and jeopardize the it will not make that much difference— other refugee crises —in Liberia, in Bu- safety of our own citizens. there are more than 42,000 people who rundi, in Bosnia—is sorely and cruelly Let me share the recommendations have received refugee status but who limited by this commitment. ‘‘Cruelly’’ of the State Department inspector gen- have not yet left the former Soviet is a word I intended to use. So the INS eral’s report: Union. More than half of those individ- officials go on to say, ‘‘The irony is We recommend . . . that Congress allow uals have remained for more than a that there are plenty of cases from the the Lautenberg amendment to expire in 1996. year. former Soviet Union which could qual- It cannot be stated any more clearly How can you be a real refugee and ify [as a refugee] under worldwide than that, Mr. President. The inde- not get out? The inspector general re- standards, however these cases stand pendent auditor of the Department of ports that many of these folks are little chance of being scheduled [for an State believes this must be done in holding refugee status as an insurance interview] as they do not fit into one of order to bring our refugee programs policy against future upheaval in the the Lautenberg categories.’’ out of the cold war and into today’s re- former Soviet Union, or simply waiting I believe that we should keep an INS ality. I agree with her. I hope my col- for an opportunity to leave. refugee team in Moscow. I will vote for leagues will agree also. I reserve the re- I want to acknowledge that many that every time. Please hear that. I am mainder of my time. fine immigrants enter under the Lau- not advocating that we cut back on ad- The PRESIDING OFFICER. All time tenberg provisions. Many are well-edu- mission of real refugees, but these ad- of the Senator from Wyoming has ex- cated and become productive members judicators should be considering the pired. of the Nation and citizens, but these claims of all residents on a case-by- Mr. LAUTENBERG addressed the are not refugees, and individuals who case basis. That is the law. Chair. are not refugees should not receive spe- These lowered standards and fraud The PRESIDING OFFICER. The Sen- cial refugee benefits. We should stop also have another effect. This Lauten- ator from New Jersey is recognized. pretending these individuals are fleeing berg provision has created an attrac- Mr. LAUTENBERG. Mr. President, is any type of State-sponsored persecu- tive avenue for Russian organized there a time agreement? tion. They may be fleeing prejudice. crime figures to secure entry into the The PRESIDING OFFICER. There is That does not qualify you as a refugee. United States. a time agreement. The time of the Sen- Unfortunately, the program has also Let me read from the FBI’s white ator from Wyoming has expired, and become rife with fraud, a direct result paper on Russian organized crime. The the Senator from New Jersey has 15 of the lowered standards. Let me read FBI discusses the Lautenberg process minutes. an internal INS cable from Moscow: and says: Mr. LAUTENBERG. I thank the Category fraud is relatively easy to perpet- Many of these immigrants claimed that Chair. uate as the Washington Processing Center their reason for leaving the Soviet Union Mr. President, one of the things that requires no written documentation to cor- was predominantly to escape religious perse- happens around here when people de- roborate a category claim. Applicants who cution. Not all of these crimes can be consid- cide, like the distinguished occupant of claim they are Jewish by nationality arrive ered to be accurate. The ranks of these the chair or the distinguished Senator at their interview with a passport showing emigres included intellectuals, professionals, from Wyoming, to retire is that we are Russian nationality and a birth certificate and others from the middle and lower classes going to miss some of the aspects of showing both parents are Russian. The claim of Soviet society, who only claimed religious is then made that one maternal grandmother persecution, but had not actually experi- the relationships that exist. Nothing is was Jewish. Such an assertion, while not enced it. It has been estimated by American more awakening or stimulating than a very credible, is unverifiable. Blank and law enforcement authorities that roughly good, solid disagreement and discus- fraudulent documents are readily accessible. 2,000 of these immigrants were criminals who sion with my friend from Wyoming. Only blatant cases of fraud can be denied continued their criminal occupations in the He just happens to be wrong. The fact outright, otherwise parole must be offered. United States. of the matter is that in this blanket The INS claim points out that not So the FBI has identified the Lauten- criticism, he ignores several facts. Mr. only are refugee claims of dubious berg program as a point of entry for President, I think it is important to quality—that is, few of the applicants some members of the ‘‘Russian Mafia’’ understand my supporting a 1-year ex- have actually experienced persecu- into this country. But we do not need tension of the law which facilitates the tion—but applicants do not even sat- to stop there. Try the Senate. The Per- granting of refugee status for certain isfy the category selected for special manent Subcommittee on Investiga- historically persecuted groups in the treatment. In other words, the appli- tions of the Senate Government Affairs former Soviet Union and Indochina. S8846 CONGRESSIONAL RECORD — SENATE July 25, 1996 The law expires at the end of fiscal Gennady Zyuganov, the Communist learn from him methods of governing year 1996 and is extended for 1 year in Party candidate for President, left lit- a country * * *’’ this bill. It has been renewed several tle to the imagination about his view That is a pretty friendly environ- times. As a matter of fact, the last of Jews when he wrote in his book ‘‘Be- ment to exist in. If that does not time was in 1994, and that vote was de- yond the Horizon’’: ‘‘The Jewish dias- frighten the pants off somebody, then cided by an 85–15 outcome. So we are pora holds the controlling interest in nothing will. looking at the same situation, very the entire economic life of Western civ- If these statements are not persua- frankly. ilization.’’ sive, listen to the words of a refugee Existing law formally recognizes that Jews find no comfort in the senti- from Uzbekistan. Her pseudonym is historic experiences of certain per- ment espoused by Liberal Democratic Raisa Kagan, and she also testified be- secuted religious minorities in the Party of Russia leader, Zhirinovsky, fore the Congress in February: former Soviet Union and Indochina and who has said ‘‘for anti-Semitism to dis- For more than two years, me and my fam- a pattern of arbitrary denials of refu- appear, all Jews must move to Israel.’’ ily were subjected to anti-Semitic harass- gee status to members of these minori- Nor do they have faith that Alexan- ment and persecution which escalated into ties entitles them to a relaxed standard der Lebed, President Yeltsin’s new Na- violence that put our lives at risk. of proof in determinations about tional Security Adviser, will play a Ms. Kagan tells a harrowing tale of whether they are refugees. constructive role in working to stem persecution beginning with verbal at- The law lowers the evidentiary the tide of anti-Semitism in Russia. tacks: standard required to qualify for refugee As my colleagues are well aware, Mr. They called me ‘‘dirty Jew’’ and said such status for Jews and Evangelical Chris- Lebed recently stated that Russia has things as, ‘‘It was a good time when Hitler tians from the former Soviet Union, only three established, traditional reli- burned Jews and hung them on the trees.’’ certain Ukrainians, and certain cat- gions—Orthodox Christianity, Islam, After being threatened on many oc- egories of Indochinese. Once a refugee and Buddhism, obviously excluding the casions, Ms. Kagan reports: applicant proves that he or she is a religion of the country’s large Jewish She repeatedly requested protection for member of one of those groups, he or population. He denigrated the Mormon myself and my family from these attacks, she has to demonstrate a ‘‘credible Church in the worst and the ugliest but no official investigation was made and no steps were taken to safeguard my family. basis for concern’’ about the possibility terms. of persecution. Refugee applicants nor- Mr. President, the fears of Russian In the months that followed, two mally must prove a ‘‘well-founded’’ Jews are evident in the stories refugees members of her family were attacked fear of persecution. tell me and others after they arrive in and beaten by Uzbeks; her barn, ga- Why is the extension necessary? my this country. rage, and house were set on fire by friend from Wyoming challenges. Be- They say the government is unwill- arsonists; and she was eventually fired cause the popularity, as we see it now, ing and unable to protect Jews from from her job as a department head of a of ultranationalists and the resurgence humiliation and persecution. They say company for which she had worked for of the Communists in the former So- they are in danger of being exposed to 20 years, with the explanation that viet Union has created a climate of violence or persecution simply because ‘‘only Uzbek nationals may head a de- tension, fear, and even violence against they are Jews. partment.’’ Jews, despite the fact that anti-Semi- One Russian refugee who testified be- Her conclusion is poignant: tism is no longer formally state-spon- fore the House International Relations Thousands of Jewish families in sored. Committee said: Uzbekistan can report the same shameless, In this climate, the law has provided severe and terrible violations of their civil Even now, in Russia, Jews must have ‘‘na- rights. If you are unfortunate enough to be a useful escape valve for historically tionality—JEW’’ written on their passports, Jew you often feel that your dignity is tram- persecuted individuals in the former job applications, birth certificates, and pled with cynicism. To be Jewish in Soviet Union where the situation for school documents. Uzbekistan today means to be unprotected, Jews remains tenuous. Allowing the This refugee went on to say: rightless, and robbed. But the most terrible law to lapse under these conditions But worst of all is that the Government in is to be humiliated until you feel like a non- would be a mistake. Russia is absolutely incapable of protecting entity. How pervasive is anti-Semitism? Ac- Jews from the never-ending persecution and Clearly, Mr. President, now is not the cording to Sergei Sirotkin, former Dep- violence. They do not possess the mechanism time to allow the law to expire. The uty Chairman of the Commission on for enforcing the laws which they already conditions which led to the change in Human Rights under the President of have, the laws which formally protect the law in 1989 have intensified, anti- human rights. The laws are not functioning. the Russian Federation, ‘‘Xenophobia Semitism is pervasive, and the protec- and anti-Semitism in Russia are not Unfortunately, Mr. President, anti- tions the law provides to historically just a reality but a growing and spread- Semitism is pervasive outside of Rus- persecuted individuals in the former ing reality.’’ sia as well. Soviet Union are needed more than In testimony before the House Sub- According to Paul Goble, a well-re- ever before. committee on International Operations spected expert on Soviet minorities: Additionally, Mr. President, the law and Human Rights of the Committee The threat of anti-Semitism in the post- is important to implement a new pro- on International Relations, Sirotkin Soviet States is greater today than it has gram of Resettlement Opportunities claimed that approximately 150 peri- been at any time in the last decade. The in- for Vietnamese Refugees. In April 1996, ability of governments to enforce their own the administration announced a pro- odicals that propagate ideas of fascism, laws or follow up on their own promises, the extreme nationalism, xenophobia, and worsening economic situation throughout gram of Resettlement Opportunities anti-Semitism exist and that between the region that is leading to a search for for Vietnam Refugees [ROVR] to pro- 1992 and 1995 the number of these publi- scapegoats, and an increasing number of vide INS status adjudications for quali- cations tripled. politicians and officials who see anti-Semi- fied Vietnamese boat people returning In his testimony, Sirotkin cited a tism as a useful tool to advance their causes from the camps of Southeast Asia to newspaper with national circulation all contribute to this threat. Vietnam. called the Day which wrote: ‘‘The Jews Leaders in some of these States rec- The program will provide resettle- are not a nation but a sect of degen- ognize that a problem exists, In fact, ment for those Vietnamese with close erates.’’ Even worse was the response during a radio interview last year, ties to the United States or who have from Moscow’s Deputy Public Prosecu- Lithuania’s President acknowledged suffered significant persecution under tor who, according to Sirotkin, said that popular ant-Semitism still exists the Communist regime. The program is the statement did not contain any- in Lithuania. also intended to minimize violence in thing insulting to Jews. Unfortunately, however, sometimes the camps as the Vietnamese refugee It’s not only publications that it is the leaders who are part of the program comes to an end and to help to espouse anti-Semitism. Political lead- problem. Belarus’ President bring this long and successful humani- ers in Russia contribute to the climate Lukashenko recently said, ‘‘Not all of tarian program to an appropriate and of fear as well. Hitler’s actions were bad; one can honorable conclusion. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8847 INS adjudication standards for ROVR the law has served an important pur- process between the administration are based on the criteria found in this pose, particularly permitting immigra- and the Congress. The provision simply law and will play a critical role in the tion from Russia and the other nations facilitates refugee designation. implementation of the program. of the former Soviet Union, to ensure Mr. President, this law was origi- Mr. President, to respond to a couple that they have an opportunity to leave. nally approved by the Senate by a vote of the assertions made by my friend There has been some sense that per- of 97 to 0 in 1989 and became law as part from Wyoming, first of all, he uses the haps that law had served its purpose or of the fiscal year 1990 Foreign Oper- inspector general’s reference as a de- run its course, but we are supporting ations Appropriations Acts. It was ex- termination of whether or not the pol- another year’s extension of that law to tended in the fiscal year 1991 and fiscal icy is right. That is not the inspector ensure that it completes its purpose. year 1992 Foreign Operations Appro- general’s area. The program has to be So we are supportive of that and we ad- priations Acts, and the fiscal year 1994– determined or reviewed by them. mire you for what you did in leading 1995 Foreign Relations Authorization Mr. President, we heard all of the the way in earlier years to a much Act. I urge my colleagues to support criticisms about the weaknesses of the needed provision.’’ this extension. system for permitting those who were Mr. President, in addition to making EXHIBIT 1 not supposed to be coming to enter the sure that people are treated humanely U.S. CATHOLIC CONFERENCE, country. Then, Mr. President, the Sen- and democratically in societies with MIGRATION AND REFUGEE SERVICES, ator from Wyoming has long been in- which we have close connections, it is Washington, DC, June 18, 1996. volved with immigration programs, a confirmation of the belief that in the Hon. FRANK LAUTENBERG, and he ought to insist that INS do its United States we uphold the status of U.S. Senate, job and make sure that those criminals the individuals to practice their reli- Washington, DC. do not get in here. There is no pre- gions, and to be able to conduct them- DEAR SENATOR LAUTENBERG: I am writing sumption here that permits criminals selves as they see fit without fear of to express the deep appreciation of the U.S. Catholic Conference for the initiative which to come in under this refugee status. It harassment or persecution. you took many years ago to author a provi- is very clearly demarcated in the law. Once again, I think that we are going sion of refugee law which recognizes that the It says that those who may be excluded to vote on this, I understand, tomor- historic experiences of certain persecuted re- are on the basis of criminal and related row. ligious minorities in the former Soviet grounds, and describes what they are— The 1 year extension also has the Union and other groups in Indochina, and a as refugees under the Immigration and support of the U.S. Catholic Con- pattern of arbitrary denials of refugee status Naturalization Act. It is very clear. ference, the Hebrew Immigrant Aid So- to members of these groups, entitles them to They are not supposed to permit them. ciety, the American Jewish Commit- a relaxed standard of proof in determinations about their refugee status. We strongly sup- If INS is doing a bad job then they tee, the National Jewish Community port the extension of this provision for one ought to do a better job, and the same Relations Advisory Council, the Union additional year. thing is true of the quality of the citi- of Councils, the National Conference on While it is a fact that the former Soviet zens who come here. Yes. We are going Soviet Jewry, and the Council of Jew- Union has collapsed and the persecution of to make mistakes and some are going ish Federations. Jews and other religious minorities is no to sneak through the apparatus, and I ask unanimous consent that letters longer official policy, the situation in Russia there will be some of those who are en- from these organizations in support of continues to present major problems for these minorities and, given the fact that gaged in illicit activities. We do not an extension be included in the RECORD at the end of my remarks. democratic society is still only tenuously es- want them here. But I know scientists tablished in the countries of the former So- and physicians and even attorneys who The PRESIDING OFFICER. Without viet Union, it would be much too early to have come to this country who make objection, it is so ordered. draw back from this important program. In- it. I say even attorneys because it is (See exhibit 1.) deed, recent developments which appear to quite a transition from Russia—I am Mr. LAUTENBERG. Mr. President, I make the departure of such persons from not talking about my attorney will close. Russia more difficult is a sign of the impor- friends—from the language there to our Mr. President, I want to be clear that tance of giving priority attention to this language here. They make important this extension will not increase the an- group for the time being. This provision is also of importance in the contributions to establish themselves. nual refugee ceiling for admissions to the United States. Those numbers are implementation of a new program of Reset- I have been with cab drivers. I have tlement Opportunities for Vietnamese Refu- seen them buy their cabs, get to work, determined through a consultation gees (ROVR). This program will provide INS and make a contribution. process between the administration status adjudication for persons returning to So we can point out those furors that and the Congress. Vietnam from the camps of Southeast Asia, have been made, and they have been My friend from Wyoming said that who have close ties with the United States made. We ought to tighten up the proc- we absorb refugees, and he describes or who can otherwise demonstrate persecu- ess, and not thereby denigrate the them as legitimate refugees. If some- tion by the Vietnamese government. This whole class of refugees who are coming one has to worry about their kids being program will offer both a final opportunity picked on and beaten up in the streets for some of those boat people in groups long here. given priority in the U.S. Refugee Program Negotiations with the Vietnamese on and not be allowed to conduct their (USRP) and help to minimize violence during the program have been slow and many education as they see fit, to me that this final phase of the Indochinese refugee details remain unclear. Many believe constitutes someone who ought to have program, which has been so successful over that persons, otherwise well qualified, a chance to conduct their lives in an- the years, and help to bring it to an honor- will not have been able to apply under other place. able end. the program by the time the law is set I think that when all is said and done The INS adjudication standards for this to expire at the end of fiscal year 1996. that we will see that this bill has final effort are based on the criteria in this It is important that the program served the United States very well, provision of law and, thus, will be critical in that we have gotten productive citi- an appropriate implementation of ROVR. Ne- deadline and the law be extended so gotiations with the Vietnamese on ROVR that all persons eligible to apply under zens—citizens who make a contribu- have been very slow and many details re- the program’s criteria will be given tion. And if we have some errors in the main unclear. For example, no agreement equal access to this initiative and can way we conduct the programs, then let has yet been reached on how to process those be adjudicated uniformly. us fix the errors in our own house, and boat people who return to Vietnam without Mr. President, this 1 year extension I hope that my colleagues will support having seen a caseworker in the first asylum has the support of the administration. the continuation of this law for the country before departing in order to fill out In a hearing in the Commerce, Jus- next year. their ROVR applications. Several thousand tice, State Appropriations Subcommit- Mr. President, I want to be clear that persons already have been returned without having had an opportunity to apply for tee, Secretary Christopher said the fol- this extension will not increase the an- ROVR and undoubtedly there will be more. lowing in response to my question nual refugee ceiling for admissions to Thus, it seems certain that many persons, about the administration’s position on the United States. Those numbers are otherwise well qualified, will not have been the provision: ‘‘Senator we think that determined through a consultation able to apply for ROVR by the time of the S8848 CONGRESSIONAL RECORD — SENATE July 25, 1996 expiration of this provision of law at the end Washington, DC, July 11, 1996. As you know, the situation for Jews in the of FY 1996, and it will be extremely impor- Hon. FRANK R. LAUTENBERG, former Soviet Union is tenuous. The popu- tant that the ROVR deadline and this provi- U.S. Senate, larity of Vladimir Zhirinovsky and other sion of law be extended so that all persons el- Washington, DC. ultra-nationalists, along with the Com- igible to apply under the ROVR criteria are DEAR SENATOR LAUTENBERG: The Lauten- munist resurgence, has created a climate of given equal access to this initiative and can berg Amendment has provided refugee status tension, fear and, at times even violence be adjudicated uniformly. for hundreds of thousands of Jews, against Jews, despite the fact that there is We understand that the FY 1997 Foreign Pentecostals, Catholics, and others fleeing no longer an official government sponsored Operations appropriations bill in the House persecution in the former Soviet Union and anti-Semitic campaign. These modern cir- of Representatives did not contain an exten- Indochina. The provision will expire on Sep- cumstances, combined with the historic per- sion of this provision of refugee law, but that tember 30, 1996. The American Jewish Com- secution of Jews and other religious minori- the report language in that bill did contain mittee urges you to support the reauthoriz- ties in the FSU, constitute for many a ‘‘cred- a reference to the possibility that such an ing language included in the FY 1997 Foreign ible basis for concern’’ which qualifies them extension might be contained in the Senate Operations Appropriations Act. for refugee status under the Lautenberg law. The Lautenberg Amendment offers fair and bill and instructed House conferees to recede It is critically important that we retain this crucial protection to the numerous groups to the Senate on this issue if that were the law and, with it, the ability to move people facing continuing persecution in these coun- case. We urge that such a one-year extension out of potentially dangerous circumstances. tries. The law provides that the INS consider Further, the continuation of the Lauten- be included in the Senate Foreign Operations the historical context of persecution when berg law remains crucial for Vietnamese ap- Appropriations bill. reviewing refugee applications. No special plicants, who are to be adjudicated under the Thank you again for your assistance in privileges or increased admissions ceilings Administration’s Resettlement Opportuni- bringing this important program to a peace- are created. ties for Vietnam Refugees (ROVR) program. ful and fitting end. The fall of the Soviet Union has neither It seems highly unlikely that all refugees Sincerely, ended Russian anti-Semitism nor diminished who are eligible to apply for consideration JOHN SWENSON, the need for the Lautenberg Amendment. under ROVR will be able to register in time Executive Director. Troubling statements by prominent Russian to be adjudicated under Lautenberg stand- politicians, the closing of Jewish Agency of- ards if the law expires at the end of this fis- THE HEBREW IMMIGRANT fices in Russia, and the recent disturbing re- cal year. An additional year’s extension will AID SOCIETY, marks by General Alexander Lebed on the be critical to carrying out the intended pur- New York, NY, June 14, 1996. status of religious minorities continued to pose of the ROVR program and sustaining Senator FRANK LAUTENBERG, demonstrate the precarious place of Jews in our commitment to refugees in Vietnam. Hart Senate Office Building, the former Soviet Union. Another indication The Administration is supporting a one Washington, DC. of this uncertainty was the Russian govern- year extension of the Lautenberg law. The ment’s refusal to issue a visa to David A. Congress approved such an extension within DEAR SENATOR LAUTENBERG: Thank you Harris, Executive Director of AJC, to attend the State Department Authorization bill very much for your efforts to include a one- a conference cosponsored by AJC in St. Pe- that was vetoed. It is our hope that the Con- year extension of the Lautenberg Amend- tersburg earlier this month on the future of gress will again pass an extension by includ- ment in the FY1997 Foreign Operations Bill. Jews in the former Soviet Union. ing in it the Foreign Operations Appropria- HIAS fully supports extending the Amend- The threat of violence and persecution re- tions bill. As you know, the House Foreign ment because of the threats currently faced mains a present danger for the Jews of the Operations Committee has included in its re- by Jewry in the former Soviet Union (FSU). former Soviet Union. Currently, 100,000 Jew- port language indicating that they would ac- As you know, the Lautenberg Amendment ish men, women, and children are seeking cede to the Senate if the Lautenberg provi- requires that the INS take into account the asylum under the Lautenberg Amendment. sion were to be included in the Senate For- history of persecution of certain minorities, It is imperative that these individuals re- eign Operations Appropriations bill. including Jews in the FSU and Vietnamese main able to receive refugee status in the Thousands of refugees, Jews and non-Jews, political refugees, when adjudicating refugee United States. owe their freedom to you for your leadership applications from such groups. On behalf of the officers and members of on this issue and the law that bears your the American Jewish Committee, we hope On February 27, 1996, the House Sub- name. We have been pleased to work with that you will act to keep the doors of refuge committee on International Operations and you and your staff to support your efforts open in America for those fleeing persecu- Human Rights held a hearing on the persecu- each time the amendment has come before tion in the former Soviet Union and Indo- tion of Jews worldwide. This hearing illus- the Senate and the House for renewal or ex- china. We urge your support for the reau- trated that those conditions in the FSU tension. We want you to know that you have thorization of the Lautenberg Amendment. which necessitated the passage of the Lau- our support and assistance this time as well. Sincerely, tenberg Amendment in 1989 have intensified Sincerely, JASON F. ISAACSON, in recent months. MICHAEL N. NEWMARK, Director. Chair, NJCRAC. The testimony of former Parliament mem- ber Alla Gerber and expert on Soviet nation- NATIONAL JEWISH COMMUNITY UNION OF COUNCILS, alities Paul Goble described anti-Semitism RELATIONS ADVISORY COUNCIL, Washington, DC, June 11, 1996. in the FSU as being ‘‘privatized’’ after the New York, NY, June 18, 1996. Hon. FRANK LAUTENBERG, dissolution of the USSR. Recent emigres Senator FRANK LAUTENBERG, Hart Senate Office Building, from the FSU testified that they fled the U.S. Senate, Washington, DC. land of their birth because the authorities Washington, DC. DEAR SENATOR LAUTENBERG: The Union of there were unwilling and unable to protect DEAR SENATOR LAUTENBERG: On behalf of Councils for Soviet Jews (UCSJ) has long them from rising anti-Semitism. Indeed, the National Jewish Community Relations valued the leadership you have provided in many politicians, including leading Russian Advisory Council (NJCRAC), I am writing to the struggle to protect refugees in the Presidential candidates Zyugonov and thank you for your continuing efforts to ex- former Soviet Union (FSU), and to promote Zhirinovsky, and Belarus President tend the Lautenberg Amendment for an addi- human rights world-wide. We write today to Lukashenko, exploit such popular sentiment tional year by including it in the Foreign enthusiastically endorse a one year exten- by blaming ‘‘the Jew’’ for all that ails their Operations Appropriations bill for FY 1997. sion of the Lautenberg Amendment; the respective nations. The attached news ac- The NJCRAC is the American Jewish com- central piece of United States legislation counts of recent events in the FSU re-en- munity’s network of 13 national and 117 local dedicated to saving Jews and other refugees force the concerns raised at the hearing. public affairs organizations. Our member from the FSU and Indochina. The hearing made it clear that now is not agencies work with government representa- The UCSJ, comprised of Soviet Jewry ac- the time to allow the Lautenberg Amend- tives, the media, and a wide array of reli- tion councils in thirty American cities, ment to expire. gious, ethnic and civic organizations to ad- 100,000 members, and human rights bureaus dress a broad range of public policy concerns. in five cities in the FSU, has for more than Once again, HIAS greatly appreciates your Over the years, we have devoted significant twenty-five years been the largest independ- efforts to include a one-year extension of the energy to work on behalf of refugees from ent grass-roots human rights and Soviet Lautenberg Amendment on the FY 1997 For- the former Soviet Union. We are well aware Jewry organization in the world. The UCSJ eign Operations Authorization bill. of how critical the Lautenberg Amendment is a leading authority on antisemitism and Very truly yours, has been in that rescue effort. Moreover, the the general threat to Jews on the ground in- MARTIN A. WEMICK, Lautenberg law has not only enabled thou- side the FSU. Executive Vice-President. sands of applicants from the former Soviet Since the Lautenberg Amendment was in- Union to obtain refugee status but has also troduced in the Foreign Operations Appro- THE AMERICAN JEWISH COMMITTEE, played a key role in allowing refugees from priations Act of 1990, the UCSJ has strongly OFFICE OF GOVERNMENT AND Indochina to come to the United States to supported the law as a bold statement of the INTERNATIONAL AFFAIRS, begin new lives free of persecution and fear. United States’ foreign policy commitment to July 25, 1996 CONGRESSIONAL RECORD — SENATE S8849

human rights and democracy, and its hu- Once again, our sincere thanks for every- AMENDMENT NO. 5078 manitarian mission to provide safe-haven to thing you have done on behalf of the Jews of (Purpose: To reallocate funds for the Korean endangered refugees. The Lautenberg the former Soviet Union. Peninsula Energy Development Organiza- Amendment declares that persecution of mi- Sincerely, tion) norities is unacceptable as part of the transi- MARK B. LEVIN, Mr. LIEBERMAN. I call up amend- tion towards democracy in the region. Addi- Executive Director. tionally, the amendment has assisted tens of ment number 5078 at the desk. thousands of refugees from historically per- The PRESIDING OFFICER. The COUNCIL OF JEWISH FEDERATIONS, clerk will report. secuted communities to find safety in the Washington, DC, June 12, 1996. United States. Senator FRANK LAUTENBERG, The assistant legislative clerk read Today, conditions for Jews in the FSU are U.S. Senate, as follows: extremely precarious. A significant majority Washington, DC. The Senator from Connecticut (Mr. of members of the Russian Duma are from DEAR SENATOR LAUTENBERG: On behalf of LIEBERMAN) for himself, Mr. LEAHY, Mr. strongly antisemitic parties. The leading the Council of Jewish Federations and the THOMAS, Mr. HATFIELD, Mr. SIMON, Mr. NUNN, contender in the upcoming presidential elec- 200 local Jewish Federations within our na- Mr. DASCHLE, Mr. LUGAR, Mr. ROTH, Mr. LAU- tion, Gennady Zyuganov, represents a coali- tional system, I am writing to thank you for TENBERG, Mrs. FEINSTEIN, and Mr. INOUYE, tion of nationalist, patriotic and communist your ongoing efforts to extend the Lauten- proposes an amendment numbered 5078. parties. This coalition has a serious chance berg Amendment for an additional year by Mr. LIEBERMAN. Mr. President, I of winning the presidency, and poses a grave including it in the Foreign Operations Ap- ask unanimous consent that reading of threat to the Jewish community. propriations bill for FY97. This critical law the amendment be dispensed with. Based on the UCSJ’s monitoring of condi- has assisted thousands of refugee applicants The PRESIDING OFFICER. Without tions in the FSU, we see antisemitism from the Former Soviet Union and Indochina to obtain refugee status and come to the objection, it is so ordered. throughout the region, and an inability or The amendment is as follows: unwillingness on the part of the authorities U.S. to start a new life free of persecution, to protect Jews. The Jewish community fear and constant harassment. On page 126, after line 7, insert the follow- faces a vibrant antisemitic publishing indus- As you know, the situation for Jews in the ing: ‘‘(INCLUDING TRANSFERS OF FUNDS)’’. try, vilification in street demonstrations, FSU is tenuous at best. The popularity of On page 127, beginning on line 14, strike and vandalism of private and communal Zhirinovsky and other ultra nationalists as ‘‘Provided further,’’ and all that follows property. As Paul Gobel of Radio Liberty well as the resurgence of the Communists through the colon on page 128, line 6, and in- stated at a recent hearing before a House creates a climate of tension, fear and often sert the following: ‘‘Provided further, That, International Affairs subcommittee, ‘‘The violence against Jews even if there is no notwithstanding any prohibitions in this or threat of antisemitism in the post-Soviet longer an official government sponsored any other Act on direct or indirect assist- states is greater today than it has been at anti-Semitic campaign. These modern cir- ance to North Korea, not more than any time in the last decade.’’ cumstances, combined with the historic per- $25,000,000 may be made available to the Ko- secution of Jews and other religious minori- rean Peninsula Energy Development Organi- The Union of Councils for Soviet Jews zation (KEDO) only for heavy fuel oil costs firmly believes that it would not only be a ties in the FSU, constitute for many a ‘‘cred- ible basis for concern’’ which qualifies them and other expenses associated with the human rights catastrophe if the Lautenberg Agreed Framework, of which $13,000,000 shall Amendment was allowed to expire this year, for refugee status under the Lautenberg law. The importance of retaining this law and the be from funds appropriated under this head- but a serious foreign policy blunder. At a ing and $12,000,000 may be transferred from time when Russia is in danger of returning ability to move people out of a dangerous en- vironment can not be overstated. funds appropriated by this Act under the to communist or fascist rule, the United headings ‘International Organization and States should not signal that it believes that In addition, the continuation of the Lau- Programs’, ‘Foreign Military Financing Pro- all is well for historically persecuted minori- tenberg law remains crucial for Vietnamese gram’, and ‘Economic Support Fund’:’’. ties. who are to be adjudicated under the Admin- On page 138, line 12, strike ‘‘the Korean’’ istration’s Resettlement Opportunities for The United States Congress has long been and all that follows through ‘‘or’’ on line 13. Vietnam Refugees (ROVR) program. It seems an ally of human rights and democracy ac- highly unlikely that all refugees who are eli- The PRESIDING OFFICER. The Sen- tivists and persecuted minority groups in the gible to apply for consideration under ROVR ator from Alaska. former Soviet Union. This noble tradition will be able to register in time to be adju- Mr. MURKOWSKI. Mr. President, I would be honored by an extension of the dicated under Lautenberg standards if the Lautenberg Amendment through the end of ask for the yeas and nays on the law expires at the end of this fiscal year. An fiscal year 1997. Lieberman underlying amendment. additional year’s extension will be critical to Sincerely, The PRESIDING OFFICER. Is there a carrying out the intended purpose of the PAMELA B. COHEN, sufficient second? ROVR program and keeping our commit- National President. ment to refugees in Vietnam. There is a sufficient second. MICAH H. NAFTALIN, The yeas and nays were ordered. National Director. The Administration is supporting a one year extension of the Lautenberg law. The AMENDMENT NO. 5089 TO AMENDMENT NO. 5078 Congress already passed such an extension in (Purpose: To provide conditions for funding NATIONAL CONFERENCE ON the State Department Authorization bill North Korea’s implementation of the nu- SOVIET JEWRY, that was vetoed. It is our hope that the Con- clear framework agreement) Washington, DC, June 20, 1996. gress will again pass an extension by includ- Mr. MURKOWSKI. Mr. President, I Hon. FRANK LAUTENBERG, ing it in the Foreign Operations Appropria- U.S. Senate, tions bill. As you know, the House Foreign offer a second-degree amendment, and Washington, DC. Operations Appropriations Committee has send it to the desk and ask for its im- DEAR SENATOR LAUTENBERG: On behalf of included in its report language that they mediate consideration. the National Conference on Soviet Jewry, would accede to the Senate if the Lautenberg The PRESIDING OFFICER. The thank you for your successful effort to in- provision were to be included in the Senate clerk will report. clude a one-year extension of the Lautenberg Foreign Operations Appropriations bill. The assistant legislative clerk read Amendment in the FY1997 Foreign Oper- Thousands of refugee, Jews and non-Jews, as follows: ations Appropriations Bill. Given the vola- owe their freedom to you for your leadership The Senator from Alaska (Mr. MURKOW- tile and dangerous environment confronting on this issue and the law that bears your SKI) for himself, Mr. MCCAIN, and Mr. the Jewish minority in the former Soviet name. We have been pleased to work with LIEBERMAN, proposes an amendment num- Union, the NCSJ continues to support the you and your staff to support your efforts bered 5089 to amendment numbered 5078. extension of the Amendment. each time it has been before the Senate and Mr. MURKOWSKI. Mr. President, I The rise of popular ant-Semitism through- the House. You have our support and assist- out the former Soviet Union is a serious ance again now. ask unanimous consent that reading of threat to the future well-being of Jews in Thank you for all you have done. the amendment be dispensed with. these countries. Government authorities are Sincerely, The PRESIDING OFFICER. Without unable and/or unwilling to adequately ad- MAYNARD WISHNER, objection, it is so ordered. dress this threat which causes many Jews to President, CJF. The amendment is as follows: continue to suffer. Mr. LIEBERMAN addressed the On page 2, line 9, of the matter proposed to The NCSJ, in conjunction with other mem- Chair. be inserted, strike ‘‘Fund’’ and all that fol- bers of the organized American Jewish com- lows to the end period and insert the follow- munity, stands ready to assist you to ensure The PRESIDING OFFICER. The Sen- ing: ‘‘Fund: Provided further, That such funds passage of this vital legislation. ator from Connecticut is recognized. may be obligated to KEDO only if, prior to S8850 CONGRESSIONAL RECORD — SENATE July 25, 1996 such obligation of funds, the President cer- Mr. President, let us remember as we the Yongbyon nuclear facility will tifies and so reports to Congress that (1)(A) begin this discussion that in 1993 the eventually be shipped out of North the United States is taking steps to assure Defense Department issued the Bot- Korea. These rods alone contain that progress is made on the implementation tom-Up Review, which set a standard enough plutonium to make five to six of the January 1, 1992, Joint Declaration on the Denuclearization of the Korean Penin- for the American military that we had bombs. This is truly a remarkable sula and the implementation of the North- to be strong enough to deal with two agreement. South dialogue and (B) North Korea is com- major regional conflicts in the world at No one says that North Korea has be- plying with the other provisions of the the same time. One potential MRC was come a Jeffersonian democracy. Far Agreed Framework between North Korea and clearly in the gulf region, the Middle from it. It is a country which faces all the United States and with the Confidential East, and the other, in most people’s sorts of instability, particularly the Minute; (2) North Korea is cooperating fully contemplation, was on the Korean pe- terrible condition of its economy, the in the canning and safe storage of all spent ninsula. inability actually to feed all its people. fuel from its graphite-moderated nuclear re- When we think about the fact that But in the midst of all that instability actors and that such canning and safe stor- age is scheduled to be completed by the end we sent a half million of our soldiers to which could have caused literally con- of fiscal year 1997; and (3) North Korea has the gulf region to deal with that con- flagration on the Korean peninsula, not significantly diverted assistance pro- flict—and carry out so brilliantly Oper- this agreement has been concluded. vided by the United States for purposes for ation Desert Shield and Desert Storm— What is their return for this? The re- which such assistance was not intended: Pro- and that the potential for conflict on turn for this is that we have agreed to vided further, That the President may waive the Korean peninsula is in most peo- provide a certain amount of money the certification requirements of the preced- ple’s minds of an equivalent size, we every year for the North Koreans to ing proviso if the President deems it nec- are talking about a very serious expo- purchase heavy fuel oil to help to oper- essary in the vital national security inter- ests of the United States: Provided further, sure for the United States in terms of ate other power plants within their That no funds may be obligated for KEDO our military personnel and also in country, and we have agreed to assist until 30 calendar days after the submission costs to our Treasury. them in building light water reactors to Congress of the waiver permitted under After rising international concern which are much more nuclear-pro- the preceding proviso: Provided further, That about the potential diversion of North liferation resistant, much less likely to before obligating any funds for KEDO, the Korea’s nuclear power to develop atom- be used to develop nuclear weapons President shall report to Congress on (1) the ic weapons, a series of negotiations en- than the other reactors that the North cooperation of North Korea in the process of sued which ended in the so-called Koreans have. returning to the United States the remains The cost of the light water reactors of United States military personnel who are agreed framework in October of 1994. listed as missing in action as a result of the The North Koreans took on certain ob- will amount to more than $4 billion. Korean conflict (including conducting joint ligations in return for which the Unit- The Republic of Korea, that is, South field activities with the United States); (2) ed States and neighbors in that region, Korea, and Japan have accepted the violations of the military armistice agree- particularly South Korea and Japan, lion’s share of the financial burden for ment of 1953; (3) the actions which the Unit- took on other obligations, which thus those light water reactors. The United ed States is taking and plans to take to as- far all parties have proceeded in what States direct funding to the Korean Pe- sure that North Korea is consistently taking would have to be called good faith to ninsula Energy Development Organiza- steps to implement the Joint Declaration on tion, known as KEDO, which was set up Denuclearization of the Korean Peninsula the great benefit of that region and the and engage in North-South dialogue; and world, resulting in a de-escalation of under the agreed framework to provide (4) all instances of non-compliance with tension and the potential for armed heavy fuel oil for the North Koreans the Agreed Framework between North Korea conflict there. and for other projects, is really a mat- and the United States and the Confidential This agreement required, for in- ter of us just assuming a fair share of Minute, including diversion of heavy fuel stance, North Korea to freeze operation our burden. We pledged to commit $25 oil:’’. of its 5-megawatt reactor and halt con- million, which is less than half the Mr. LIEBERMAN. Mr. President, I struction at its 50-megawatt and 200- total amount required for the heavy thank the Chair. megawatt reactors. If the agreement fuel oil purchases annually and which Mr. President, I intend to support the were not in place, within a few short represents a very modest commitment second-degree amendment. years these facilities would have been when one considers the $4 billion cost I ask unanimous consent that I be able to produce enough plutonium for for light water reactors that will be as- added as a cosponsor of the amend- the North Koreans to build dozens of sumed primarily by the Republic of ment. weapons each year. The agreed frame- Korea and Japan. The PRESIDING OFFICER. Without work also required North Korea to Nonetheless, the foreign ops bill that objection, it is so ordered. cease operations at its reprocessing fa- is before us now cuts that amount of Mr. LIEBERMAN. I thank the Chair. cility and laboratory which reprocesses money down to $13 million, threatening Mr. President, speaking about the plutonium out of spent nuclear fuel, the stability of the overall agreed underlying amendment and the second- and to seal that facility. framework, and leading to concern in degree amendment, this deals with the I am pleased to say, Mr. President, Japan and South Korea about the underlying bill, the foreign operations that the International Atomic Energy steadfastness of the United States in appropriations bill, which proposed a Agency has confirmed that North fulfilling its obligations under this relatively small contribution that the Korea has taken all these steps to agreement—leading to some concern in United States has agreed to make freeze their program. The IAEA is now those countries about whether they which is part of a very large agreement working with North Korea to settle on would fulfill their much larger respon- that holds great promise of stabilizing specific measures needed to continue sibilities under these agreements, and relations between North Korea and to monitor that freeze. The fact is that holding the potential to again desta- South Korea, North Korea and its other IAEA inspectors are maintaining a bilize the Korean peninsula with great neighbors in Asia, The so-called agreed continuous presence—this is not just risk to those who live there and those framework which was agreed to in Oc- somebody’s word and our best hopes, it of us who have a security interest tober of 1994 has had extraordinary ef- is the continuing presence of inter- there. fect on what was beginning to be— national inspectors at the Yongbyon Mr. President, I want to simply quote sometimes our memories are short—a nuclear facility in North Korea. The here from a letter Secretary Perry very threatening situation in which we framework was deliberately structured wrote to Senator ROBERT C. BYRD on had conclusive evidence that the North so the North Koreans would take the this question dated July 15, 1995. The Koreans were building reactors that first steps, and we were able to verify Secretary says that without the full were capable of being used to build compliance every step of the way. amount of U.S. support, $25 million—a atomic weapons which, together with Mr. President, over time, all of the lot of money as you look at it sepa- their massive ground forces, would facilities that are frozen will be dis- rately but a very small amount of threaten security in that region of the mantled. In addition, 8,000 spent fuel money when you think of the amount world. rods that now sit in a cooling pond at of money we would have to spend if the July 25, 1996 CONGRESSIONAL RECORD — SENATE S8851 Koreas become destabilized and a con- to verify and monitor the freeze, the the Agreed Framework. If that were to flict ensued. Secretary Perry said: canning of the more than 8,000 spent happen, North Korea could renege on Without U.S. support for KEDO, the orga- fuel rods is proceeding at a steady pace its commitments under that agreement nization will face a significant funding short- and North Korea has concluded a num- and resume its nuclear weapons pro- fall for HFO. Should KEDO be unable to ful- ber of agreements with KEDO to facili- gram. fill its obligation to deliver oil, the risk of tate the furnishing of the light water This is a remarkable fact, Mr. Presi- the North breaking the nuclear freeze would dent. For want of $12 million, we are rise significantly. Such a scenario greatly reactors, including a Protocol on Privi- increases the risk of a direct confrontation leges and Immunities for KEDO person- apparently willing to risk North Ko- with North Korea, with costs measured in nel. rea’s return to a nuclear weapons pro- lives and billions of dollars. Mr. President, I believe it is in our gram that we all agree would be ex- Mr. President, my underlying amend- national security interest to freeze and ceedingly dangerous for our security ment would restore the amount of eventually dismantle North Korea’s and for the security of the Asia-Pacific money in the bill from the $13 million graphite-moderated reactors and relat- region, including South Korea and up to $25 million, which is the amount ed facilities. The United States has ap- Japan. the United States pledged to give annu- proximately 37,000 troops in and is In almost every debate on defense ally to fund these purchases of heavy committed by treaty to defend the Re- and security issues, we hear the list of fuel oil and other expenses. It also public of Korea. As Secretary Perry so-called ‘‘rogue’’ nations, always in- makes clear—and Senator LEVIN, had has noted cluding North Korea, that post a threat he been here was going to ask this Should KEDO be unable to fulfill its obli- because of their work on ballistic question—that the $25 million can be gation to deliver oil, the risk of the North missiless, on weapons of mass destruc- used not just for the heavy fuel oil and breaking the nuclear freeze would rise sig- tion, or as sponsors of terrorism. Why administrative expenses, but other ex- nificantly. Such a scenario greatly increases would we willingly undo a success the risk of direct confrontation with North penses pursuant to the agreed frame- story—the Agreed Framework that has Korea, with costs measured in lives and bil- frozen the Korean nuclear weapons pro- work between the parties in this mat- lions of dollars. gram—and risk the grave dangers of ter. Under the arrangements worked out The second-degree amendment which North Korean nuclear weapons? with our allies, South Korea and Japan was worked on this evening by the dis- Indeed, it was the very threat of the have agreed to bear the financial bur- tinguished Senator from Alaska [Mr. North Korean nuclear weapons pro- den for the provision of the light water MURKOWSKI] and the Senator from Ari- gram that required us to negotiate the nuclear reactors for North Korea. The zona [Mr. MCCAIN] and myself, sets Agreed Framework. And had that nego- cost will be more than $4 billion and by some standards for the distribution of tiation not worked, the alternative ap- some estimates will approach $6 bil- that $25 million. I will yield to the Sen- peared to be the likelihood of a mili- lion. The United States has agreed to ator from Alaska in a minute to de- tary confrontation with North Korea, fund less than one-half of the cost of scribe that. It basically requires a cer- meaning war on the Korean Peninsula providing heavy fuel oil annually to tification procedure by the President that would involve massive casualties make up for the loss of electricity. and grants the President a waiver if he to our forces stationed there and to the I am also advised that a number of feels it is in the national security in- Korean population. countries have pledged monetary con- terest to do so before the $25 million is The agreement that is now in place is tributions and the European Union is expended to KEDO. a great benefit to our security. Here is I am pleased we have made such on the verge of making a multi-year fi- how the Diretor of Central Intel- progress on this. I am honored that I nancial contribution commitment but ligence, John Deutch, described the re- have a distinguished group of cospon- that this commitment could be endan- sults of the agreement in March of this sors from both sides of the aisle for gered if the United States didn’t pro- year: vide the $25 million this year. this amendment. Under the terms of the 21 October 1994 I thank the Chair, and I yield the Insummary, Mr. President, I believe Agreed Framework with the United States, floor. that a $25 million contribution to North Korea agreed to freeze its plutonium Mr. NUNN. Mr. President, I rise in KEDO for fiscal year 1997 is in our na- production capability. Currently, support of the Lieberman amendment tional security interest and I encour- P’yongyang has halted operation of the 5MW of which I am an original cosponsor. aged my colleagues to support the [Megawatt] reactor, ceased construction of I believe it is useful to recall that in Lieberman amendment. two larger reactors, frozen activity at the Mr. LEVIN. Mr. President, I support plutonium recovery plant, and agreed to dis- June 1994 North Korea decided to mantle these facilities. defuel its five megawatt research reac- the Lieberman amendment to provide tor, precipitating a crisis on the Ko- full funding for the Korean Peninsula When I asked our senior military rean Peninsula. Spent fuel contains es- Energy Organization, or KEDO. This leaders if they believe the Agreed sential fissile material for a nuclear ar- amendment would provide the funding Framework is in our security interests, senal and North Korea could have ex- requested by the Administration need- they have all answered with a resound- tracted enough plutonium to build five ed to meet our obligations under an ing yes. Here is the discussion I had or six nuclear weapons. important agreement this country has with General Shalikashvili, the Chair- As a result of the negotiation of the with North Korea. man of our Joint Chiefs of Staff in Feb- October 1994 Framework Agreement, This agreement, known as the ruary 1995: North Korea agreed, among other ‘‘Agreed Framework’’ has effectively Senator LEVIN. In your personal view, do things, to freeze and eventually dis- frozen the North Korean nuclear weap- you believe that this agreement is in our na- mantle its graphite moderated nuclear on program. That is why we have such tional security interest and that if imple- mented it would be a positive outcome for reactors and related facilities and to a strong stake in meeting our obliga- us? safely store and ultimately ship out of tions under this agreement. If we want General SHALIKASHVILI. I very much be- its territory the spent fuel from its five to continue to freeze and eventually lieve so, particularly when I consider the al- megawatt nuclear research reactor. dismantle the North Korean nuclear ternatives that we were faced with back in The United States agreed to lead an weapons program, we must uphold our the June timeframe or so when we were international consortium to oversee end of the agreement. That means pay- marching toward a potential confrontation. the finance and construction of two ing our small portion of the cost of the In March of this year, I had the fol- 100-megawatt light water reactors and agreement. lowing exchange with General Gary to provide 500,000 metric tons of heavy Mr. President, the underlying bill Luck, then our commander in chief of fuel oil annually until completion of would reduce the funds for implement- U.S. Forces in Korea, and with Admiral the first light water reactor. ing the Agreed Framework with North Joseph Prueher, our commander in I am advised that North Korea has Korea from $25 million to $13 million. chief of the U.S. Pacific Command con- maintained the freeze on its nuclear fa- This level of funding—half the amount cerning the Agreed Framework: cilities, that the IAEA has maintained requested—would not permit the Unit- Senator LEVIN. [Has] the nuclear weapons a continuous presence in North Korea ed States to meet its obligation under program of North Korea, in your judgment, S8852 CONGRESSIONAL RECORD — SENATE July 25, 1996 remained frozen since that agreement was Secretary PERRY. This was, to me, a fun- The motion to lay on the table was reached? damental issue. We were prepared to take agreed to. General LUCK. Yes sir. very substantial actions that actually raised Mr. MURKOWSKI. Mr. President, the Admiral PRUEHER. Yes sir. the risk of conflict in order to stop that pro- Appropriations Committee proposed a Senator LEVIN. And in your judgment, does gram. We are able to do it through diplo- that make a significant contribution to the macy, and we did not have to take those cut of funding to $13 million. I do not security of that peninsula and to our secu- other actions, and this has been a matter of think we are involved, here, in a bean- rity? [In other words], the fact that their nu- great significance. counting debate. The question is, what clear program is frozen, is that important? The PRESIDING OFFICER. Who does it take to do the job? General LUCK. Oh, yes sir. Yes sir. seeks recognition? If we go back to the initiation of the Admiral PRUEHER. Yes, sir, it is important. framework agreement, I think many of Senator LEVIN. Now, if we had not reached Mr. MURKOWSKI. Let me yield to that agreement and frozen the North Korean the Senator from Wyoming who has a us were under the assumption that this nuclear program, is it true that North Korea unanimous consent request. would be an obligation pretty much un- derwritten by South Korea and Japan. today would have enough plutonium to make AMENDMENT NO. 5088 several nuclear weapons, and could have sev- The PRESIDING OFFICER. The Sen- That has not been the case. We have eral nuclear warheads already and more war- been involved and we continue to be in- heads in the pipeline? ator from Wyoming. Mr. SIMPSON. Mr. President, I ask volved. But my concern, in real terms, General LUCK. [Sir, I am not an expert in is that what we are talking about is a that area, but certainly] that was the pre- for the yeas and nays on my amend- diction before we entered into this agree- ment when it is processed tomorrow major foreign policy initiative, and ment. morning. that is how we deal with North Korea. Senator LEVIN. As far as you know, is that The PRESIDING OFFICER. Without I said on previous occasions I do not an accurate statement? objection it will be in order to order think the agreed framework was the General LUCK. As far as I know, it is, sir. the yeas and nays. best way we could have negotiated it, Admiral PRUEHER. And likewise, as far as I but I am not going to judge the admin- know. Is there a sufficient second? There appears to be sufficient second. The istration necessarily in hindsight. My Mr. President, Those are the typical objection to the agreement was that, in comments of our senior military com- yeas and nays are ordered. The yeas and nays were ordered negotiating, we agreed basically not to manders on the importance of the The PRESIDING OFFICER. The Sen- inspect the two sites, the two storage Agreed Framework, and the fact that ator from Alaska is recognized. sites, until after the first nuclear plant North Korea is complying with its AMENDMENT NO. 5078 was about to be fueled. I think that terms. Mr. MURKOWSKI. Mr. President, was a mistake, but I am not going to The civilian leadership in the De- go on at great length. fense Department also agrees with this first let me acknowledge the statement by my friend from Connecticut, Sen- I am concerned the North Koreans assessment. I refer to an exchange be- live up to their commitments before tween myself and Defense Secretary ator LIEBERMAN, relative to his willing- ness to cosponsor my second-degree the money starts flowing. The Mur- Bill Perry from March 5 of this year, kowski-Lieberman-McCain amend- and I ask that an excerpt of the tran- amendment and for the statement in support of the Lieberman amendment ments would condition the $25 million script from a hearing of the Armed on the following. The first is Presi- Services Committee be printed in the which specifically restores the admin- istration’s request for $25 million to dential certification that progress is RECORD at the conclusion of my state- support the Korea Peninsula Economic really being made on the North-South ment. relations. This is a condition of the The PRESIDING OFFICER. Without Development Organization. The signifi- cance of this is that, if the job is going agreed framework, but one that is objection, it is so ordered. obeyed in the breach, if you will. There (See exhibit 1.) to be done and done right, it is going to Mr. LEVIN. Mr. President, I oppose take a commitment. To suggest it is have been significant exceptions to the bill’s restrictions on funding for going to be done with half the amount that. North Korea has flouted, in some KEDO, and I urge my colleagues to of money is simply unrealistic. We instances, the armistice agreement and support the Lieberman amendment. might as well address reality. The ad- taken several actions in the past few months to increase tensions on the EXHIBIT 1 ministration is prepared to suggest, with the $25 million, it will be able to DMZ, by violating borders. The ques- LEVIN—PERRY ON NORTH KOREA NUCLEAR tion is how does this decrease tensions? AGREED FRAMEWORK (EXCERPT) implement the agreed framework with North Korea. It clearly does not. Senator LEVIN. First I want to ask you Cooperating fully on safe storage of about Korea. Last year you described the sit- I also want to recognize Senator uation in North Korea with the so-called MCCAIN, who joins with me, as well as all spent fuel—this is a requirement. agreed framework that froze North Korea’s Senator LIEBERMAN, in the second de- Again, it is a condition of the agreed nuclear weapons program, and explained gree to the Lieberman amendment. framework. Thus far, I think the co- that by freezing the program that we pre- Mr. President, I believe I have asked operation has been relatively reassur- vented North Korea from producing pluto- for the yeas and nays. I will be very ing on that one. nium for weapons and from producing the brief in my remarks, assuming I am No significant diversion of financial weapons themselves. Has North Korea kept or other assistance—Senator MCCON- its nuclear weapons program frozen? correct, that we have requested the NELL’s provision deals with the impor- Secretary PERRY. Yes. yeas and nays? Senator LEVIN. And if we had not entered The PRESIDING OFFICER. The yeas tant matter of the diversion of fuel oil. into that agreed framework, where would and nays have been requested only on But I think it must go further. We have North Korea’s nuclear program be today, and the Lieberman amendment. spent $8.2 million in food aid, even where could it be, say, in 3 years? Mr. MURKOWSKI. It would be my in- though there are conflicting reports Secretary PERRY. Had we not entered that tention to ask for a voice vote on my about what North Korea does with the program, we believe that they would have, money. In fact, in the last 2 years we first of all, taken the material from their re- second-degree amendment to the un- actor, the spent fuel from their reactor, and derlying amendment, to the Lieberman have spent over $50 million for North reprocess it to get enough plutonium to amendment. Perhaps it would be in Korea in food value and other assist- make perhaps four or five or six bombs, and order to do that now. Then I can pro- ance. quite possibly they would have those bombs ceed with my statement. So what we are talking about is full now; and that, secondly, they were con- The PRESIDING OFFICER. The compliance with all the provisions of structing other reactors which, when they question is on agreeing to the amend- the agreed framework and the con- were completed, would give them the ability ment. fidential part, which includes the time- to get reactor fuel capable of making per- The amendment (No. 5089) was agreed table for compliance. This should be a haps 10 to 12 bombs a year. All of those pro- no-brainer. If there are violations, the grams have been stopped. There is no such to. fuel being processed or generated today. Mr. MURKOWSKI. Mr. President, I money should simply stop. They should Senator LEVIN. And I take it that that move to reconsider the vote. understand that. clearly is in our security interest in a very Mr. LIEBERMAN. I move to lay that If, as the administration assures me, major way? motion on the table. North Korea is fully cooperating with July 25, 1996 CONGRESSIONAL RECORD — SENATE S8853 the agreed framework and is moving by the U.S. and other countries under partment of Energy has taken the lead towards advancement on other issues, the Framework Agreement only for in this effort, and estimates that all these should be very, very easy certifi- purposes permitted under that agree- the spent fuel will be safely canned and cations. It should not be any problem ment. I support that restriction. stored in North Korea by March of next at all. Further, before any money is The amendment offered by Senator year. spent, the administration will report MURKOWSKI and myself would add addi- In support of this effort, the U.S. has on whether North Korea is cooperating tional Presidential certification re- already contributed about $25 million. fully on activities to account for the quirements to the existing language. Maintaining the nuclear fuel rods in MIA’s, those missing in action, includ- These additional certifications are: safe storage will require about $2.5 to ing the joint field activities. Progress is being made to establish a $5 million per year until it is removed A lot of Americans forget, because meaningful dialogue between North from North Korea. In my view, these the emphasis has been on Vietnam and South Korea; funds are well spent to take this dan- where currently we have unidentified North Korea is cooperating fully with gerous material out of North Korean less than 2,300 MIA’s, but that is not the canning and safe storage of spent hands. the case in North Korea. Mr. President, fuel from its nuclear reactors at The U.S. has also contributed $5 mil- 8,177 service personnel are unaccounted Yongbyon; lion for heavy fuel oil for North Korea for in the Korean conflict and at least North Korea is in compliance with all and another $22 million to the oper- 5,433 were lost north of the 38th Par- other provisions of the nuclear frame- ations of KEDO. This bill, with the allel. These are the forgotten men of work agreement, including maintain- Lieberman amendment, would give an- the Korean war. ing a complete freeze on its nuclear other $25 million to KEDO for heavy I am pleased that the first joint oper- program; and fuel oil and administrative costs of im- ation started on July 10. Another oper- None of the assistance provided to plementing the agreement. These ex- ation is scheduled for September. That North Korea by the U.S. has been di- penditures can be expected to continue is good news. It is a start. But it is ab- verted to other than the intended pur- at least at the level of $20–30 million solutely crucial to my support for the poses. per year for the next seven to ten KEDO funding. It is an issue I have In addition, our amendment requires years, while the provisions of the spoken out on time and time again, the President to provide a report to agreement are carried out. That is a and it is an issue I am glad to see the Congress on three important matters cost to the U.S. taxpayer of somewhere administration and negotiators have fi- related to peace and stability on the between $200 and $300 million. nally brought into the discussion proc- Korean Peninsula. These are: Coopera- We in Congress have a responsibility ess. When KEDO started, when the first tion of North Korea with efforts to re- to ensure that the U.S. taxpayer knows negotiations were taking place, there turn the remains of those missing in where his money is going. That is why was no mention, no condition of our action since the Korean conflict; viola- Senator MURKOWSKI and I are propos- support and assistance and their co- tions of the military armistice agree- ing an amendment to restrict the use operation on the MIA’s. It is through ment; and the Administration’s plan of the $25 million provided in this bill. the efforts of Senator MCCAIN and a for encouraging North-South dialogue. Our amendment would ensure that the number of other Members of this body The bill before the Senate provides taxpayers’ dollars will not be spent to and Members of the House, to insert $13 million to the Korean Peninsula prop up the failing economy and Com- this mandate, that I think has brought Energy Development Organization, or munist regime in North Korea. an awakening to the administration. KEDO, which is the organization As I have often said, I believe the The highest calling of Government is charged with implementing the nuclear Framework Agreement will fail in full accounting for those who have framework agreement of 1994 between time. I believe North Korea will renege given so much. We can never properly the U.S. and North Korea. My col- on this agreement, just as they reneged repay that. We simply have to demand league from Connecticut, Senator on their freely accepted obligations it. We know where those battle sites LIEBERMAN, is proposing an amendment under the Nuclear Non-Proliferation were. We know where those prison to increase that amount to $25-million. Treaty, and as they did 9 times during camps were, in the north. We know The amendment offered by Senator the 2 years of negotiations leading up there are 5,433 that are unaccounted for MURKOWSKI and myself would ensure to this deal. North Korea is currently and this is an opportunity to give that that this $25 million is not misused by in compliance with the framework accounting to their relatives and loved the Communist regime in North Korea. agreement, and therefore, I do not be- ones. I continue to have serious reserva- lieve the United States should kill the Further, this would require a report tions about the Nuclear Framework deal by failing to provide a minimal on all instances of noncompliance with Agreement with North Korea. Under level of funding to implement its more the agreed framework, including diver- this deal, the North Koreans get free positive aspects. sion of fuel oil. It is fair to say we have oil, the benefits of trade and diplo- Mr. President, I will not oppose the seen evidence of that in the past. So I matic relations, two new nuclear reac- Lieberman amendment to restore fund- think what we have here, thanks to my tors, and untold additional benefits, in- ing for KEDO to the requested level. good friend and colleague, Senator cluding tacit forgiveness of their bla- However, I believe the American tax- LIEBERMAN, Senator MCCAIN, and oth- tant violation of the Nuclear Non-Pro- payers should be assured that these ers, is a message to the administration liferation Treaty. Most of these bene- millions will not be misused by North that is responsible, is forthright, that fits accrue before North Korea incurs Korea. Therefore, I urge my colleagues meets their monetary requirement, any real damage to its existing nuclear to join Senator MURKOWSKI and me in but, if you will, puts behind the agree- program. In short, the most charitable ensuring these funds are expended only ment the faith and credit of the Con- appraisal I can give this agreement is if certain reasonable conditions are gress in an accountability that is of- that it represents a tendered bribe to met. I urge the adoption of the Mur- tentimes difficult to find in a Govern- North Korea in exchange for a limit on kowski-McCain amendment. ment process such as we have before its nuclear weapons program. AMENDMENT NO. 5028 us. I continue to believe that the only Mr. SPECTER. Mr. President, I voted Mr. McCAIN. Mr. President, I am part of the Framework Agreement that against the Helms amendment because pleased to cosponsor this amendment serves our national security interest is it would prohibit the United States with my colleague from Alaska, Sen- ensuring that the spent nuclear fuel government from making certain pay- ator MURKOWSKI, to impose additional rods in the cooling pond at Yongbyon ments to the United Nations if the conditions on U.S. funding for the im- are safely stored and safeguarded. We United Nations ‘‘borrows funds from plementation of the North Korean Nu- must ensure that North Korea cannot any international financial institu- clear Framework Agreement of 1994. quickly and easily begin reprocessing tion.’’ It may be necessary for the The bill before the Senate requires this fuel, and we must also ensure United Nations to borrow such funds to the President to certify that North against further degradation of their keep operating for a wide variety of Korea is using heavy fuel oil provided condition in the storage pond. The De- contingencies. S8854 CONGRESSIONAL RECORD — SENATE July 25, 1996 The amendment also prohibits the food that the inmates received as fol- lowed IRC to use the space rent free, U.S. Government from making certain lows: IRC still had to store the supplies payments to the United Nations if the Vapniarka was the site of a unique Roma- under tarps inside the warehouse be- United Nations attempts to ‘‘impose nian nutritional policy. The inmates were cause IRC was not permitted to pay to any taxation or fee on any United regularly fed 400 grams of a kind of chick pea repair a leaking roof, since that would States persons.’’ I would certainly sup- (tathyrus savitus) which Soviet agricultur- have been contact with the Govern- port an amendment which only prohib- ists had been giving to hogs, cooked in water ment of Azerbaijan. and salt and mixed with 200 grams of barley Relief International [RI] was unable ited an attempt by the United Nations to which was added a 20-percent filler of to impose a tax or fee on any United straw. No other diet was allowed. The result to cooperate with a 1994 UNICEF child States persons because that would vio- of this diet manifested itself in muscular immunization program in Azerbaijan, late fundamental U.S. sovereignty. cramps, uncertain gait, arterial spasms in despite major need for such a program, Since this amendment goes beyond the legs, paralysis and incapacitation. because UNICEF was working with the tax or fee issue and prohibits bor- This is just one example of the type Azerbaijan’s Ministry of Health on the rowing, I opposed the amendment. of terrible treatment the prisoners ex- project. AMENDMENT NO. 5059 perienced at Vapniarka. This year, CARE withdrew a proposal Mr. INOUYE. Mr. President, I rise Mr. Nagel has been denied a pension to USAID to rehabilitate buildings and today to thank the managers of the by the German authorities because railroad cars as shelters for displaced bill, Chairman MCCONNELL and Senator Vapniarka has been categorized as a Azerbaijanis, because the structures LEAHY for accepting the Inouye- labor camp. Today, Mr. Nagel is 76 were government owned. D’Amato amendment expressing the years old and survives on a moderate RI has been unable to do equal-value Sense of the Senate that the German income supplemented by Social Secu- exchanges of pharmaceuticals with Government expand the criteria by rity. This enables him to meet his other non-American, nongovernmental which Holocaust survivors may qualify basic necessities of food, shelter and organizations [NGOs] in Azerbaijan, a for compensation. clothing. A pension of $300 to $500 a common practice in areas with scarce Time is of the essence. Most of the month will make the difference be- medical resources, because these other survivors are in their mid-to-late sev- tween making ends meet and being NGO’s cooperate with the government. enties. Each day of delay causes the able to live a decent lifestyle during Two thousand IRC-built latrines to survivors of one of the most gruesome his golden years. prevent water-borne diseases among atrocities mankind has ever witnessed Through this resolution the Senate the refugee population cost twice what to move a day closer to never recover- encourages the German Government to they should have, because a middleman ing the compensation, albeit symbolic, negotiate expediently and in good faith had to be retained for purchasing sup- they certainly deserve. with the United States Conference on plies so as not to conduct business with The German Government and the Jewish Material Claims Against Ger- the Government. United States Conference on Jewish many. The extreme gravity of the humani- Material Claims Against Germany are CLARIFICATION OF THE BAN ON AID TO tarian situation in the country was about to engage in the yearly process AZERBAIJAN best illustrated in a recent cable to the of negotiating new categories by which Mr. COHEN. Mr. President, in 1992, State Department from the current survivors of the Holocaust are entitled war in the Caucasus led Congress to ap- United States Ambassador to Azer- to receive compensation. prove a ban on direct U.S. aid to the baijan, Richard Kauzlarich. In the I recognize that there is absolutely Government of Azerbaijan under what cable, the ambassador cited the horri- no amount of financial remuneration is known as ‘‘section 907.’’ Although fying preliminary results of a medical that can adequately compensate these section 907 was not intended to deny survey conducted by the Centers for survivors for the unimaginable suffer- humanitarian aid to the war-ravaged Disease Control, UNICEF and the ing they experienced. However, in population of Azerbaijan, it has done World Health Organization in Azer- many cases, pensions of approximately just that. baijan earlier this year: $300 to $500 a month will make a sig- Mr. President, I rise to support the Seventy percent of displaced children nificant difference in the lifestyle effort today to clarify section 907, mak- in Azerbaijan between the ages of 12 these survivors will experience in their ing humanitarian aid to nearly 1 mil- and 23 months suffer from anemia. This golden years. lion in Azerbaijan easier to deliver. can cause irreversible problems in I would like to take a moment to This effort represents a true humani- their mental development. Anemia is share with my colleagues the type of tarian action, while at the same time also widespread in the adult popu- hardship my constituent Mr. Armin aiding the stabilization of the lation. Nagel experienced while interned at Caucasus, one of the hotspots of the Thirty percent of displaced children the Vapniarka camp in Romania. former Soviet Union. in Azerbaijan between the ages of 6 and Mr. Nagel was interned during World Section 907 currently prevent non- 11 months suffer stunted growth caused War II in Transnistria, in the governmental organizations [NGOs] re- by malnutrition; 11 percent of the el- Vapniarka concentration camp and in ceiving U.S. funding from dealing with derly also suffer malnutrition. the Grosulovo ghetto just inside the the Government of Azerbaijan in carry- Twenty-four percent of Azerbaijani Romanian border. ing out humanitarian missions in the displaced children suffer from diarrhea. Vapniarka was a camp used pri- country. Seventeen percent of the displaced marily for Jews. In mid-September of In formerly Soviet Azerbaijan, the population suffer from iodine defi- 1942 over 1,000 Jews, of which about 400 Government controls a large portion of ciency disorders (goiter). were from the Tirgu Jiu camp, were the economy, so this restriction makes The message in the ambassador’s transferred to Vapniarka by train it very difficult for aid organizations to cable is clear—The United States must through Tiraspol. They joined the 630 efficiently deliver much-needed help to act now to clarify section 907 and try Jews from Bessarabia and Bucovina the 900,000 refugees from the war with to stem the growing humanitarian cri- and about 50 to 60 Ukrainian inmates Armenia. sis in Azerbaijan. already interned there. In mid-October Some examples of the problems sec- I ask unanimous consent that the of 1943, 700 Jewish survivors were trans- tion 907 has created for the Inter- text of the ambassador’s cable and a ferred from Vapniarka to the national Rescue Committee [IRC], Res- 1994 report by USAID on the effects of Grosulovo Ghetto and the Vapniarka cue International [RI] and CARE, inde- the section 907 ban on Azerbaijan be camp was closed. While in Vapniarka, pendent relief agencies, are as follows: printed in the RECORD. the inmates were severely beaten by International Rescue Committee The PRESIDING OFFICER. Without their guards and by fellow Ukrainian [IRC] initially stored medical supplies objection, it is so ordered. inmates. in Azerbaijan under tarps on the street, (See exhibit 1.) Based on survivors’ testimonies, Raul because section 907 precluded renting Mr. COHEN. Finally, Mr. President, Hilberg, in his book ‘‘The Destruction Azerbaijan Government-owned ware- action to clarify section 907 is in the of the European Jews,’’ describes the house space. When the Government al- U.S. national security interest. On a July 25, 1996 CONGRESSIONAL RECORD — SENATE S8855 strategic level, section 907 may force conducted a nation-wide health and nutri- Imishli where 46,000 IDPs live in wretched Azerbaijan back under the Russian tion survey in Azerbaijan. The survey cov- conditions. We believe that the IDPs—espe- yoke. A number of other ex-Soviet re- ered 55 districts with an estimated popu- cially children—are more susceptible to ma- publics have been coerced into com- lation of 620,000 IDPS and the non-IDP popu- laria due to their high levels of anemia and lation of the country for comparison pur- general poor health. promised relationships with Moscow, poses. Because of section 907 of the Freedom Fifth, we will not prejudge CDC’s final con- because they have been unable to build Support Act, CDC’s part of the survey could clusions. Nonetheless, we believe that mal- strong national institutions. only focus on the IDP population, using PVO nutrition and miserable living conditions in Azerbaijan has so far resisted Rus- support. WHO/UNICEF focused on the gen- camps, rail cars and decrepit public build- sian and Iranian pressure and is striv- eral population with government of ings have severely damaged an entire gen- ing to maintain its sovereignty by de- Azerbiajan support. Parvanta highlighted eration of IDP children. We need to rethink veloping its large oil reserves. the following preliminary findings of the the possibility of targeting medical assist- The suffering and privation aggra- survey. ance to these IDP children. It will involve some contact with the government but the vated by section 907, however, make FOOD INSECURITY Forty-nine percent of all IDP families and assistance would be provided through PVOs. the Azerbaijan’s quest for sovereignty The humanitarian need is there. The admin- more difficult. 29 percent of resident families surveyed, skipped meals during the week before the istration should go to the Congress and de- Mr. President, I know that the Azeri- survey. scribe the suffering of Azerbaijan’s IDPs and Armenian conflict evokes deep passion Members of 46 percent of IDP households the importance of the United States doing in many of my colleagues, but the eas- and of 31 percent of resident households had something about this on humanitarian ing of the suffering of displaced civil- not eaten meat during the preceding 2 weeks. grounds. The authors of FSA 907 did not in- tend to prevent refugee children from receiv- ians, children and refugees is not a po- STUNTED GROWTH IN CHILDREN ing medical care and food supplements nec- litical statement, it is a moral impera- Children in Azerbaijan suffer fromn chron- essary to lead normal lives. There is a crying tive. ic health and nutrition problems that lead to need for more help from western donors—in- The war in the Caucasus is now wind- stunted growth. The long term functional cluding the United States—to provide basic ing to a close on terms favorable to Ar- implications on physical work capacity, in- health care for Azerbaijan’s IDPs, the need- menia and the Armenian population of tellectual development and overall health iest people in the region. Nagorno-Karabakh. While a peace trea- may be significant. Recurrent clinical and sub-clinical infections, as well as nutritional ty has not yet been signed, both sides THE IMPACT OF SECTION 907 OF THE FREEDOM deficiencies (particularly micronutrients) SUPPORT ACT ON DELIVERY OF HUMANI- in the war have shown a desire to nego- may be responsible for this condition. TARIAN ASSISTANCE TO AZERBAIJAN—OCTO- tiate and turn their embattled coun- Parvanta stressed that stunted growth was BER 21, 1994 tries to the task of rebuilding and re- higher among IDP children aged 6–11 months PURPOSE OF REPORT (30.7%) than the same age group in resident covery. Clarifying section 907 is essen- The purpose of this report is to respond to population (21.3%). tial to speed that process. language of the Senate Appropriations Com- Mr. President, this issue presents us HEALTH CARE: OUT OF REACH mittee report on the Fiscal Year 1995 foreign with a simple question: Does the Unit- Poor access to health care is currently a operations appropriations bill (Report No. ed States want to act now to speed the serious problem, particularly for IDPS in 103–287, page 77) stating that: process of recovery, rebuilding, and de- Azerbaijan. Most often, ill people who want ‘‘Within 60 days of enactment of this bill mocratization, or do we want to stand treatment cannot afford it. (Despite a public into law, the President shall report to the health system which supposedly provides by and allow want and isolation to Congress of [sic] the impact of section 907 of free medical care, Azeris must pay to obtain the Freedom Support Act (Public Law, 102– doom Azerbaijan and the Caucasus as a medical treatment.) Thirty-seven percent of 511) on efforts by private voluntary organiza- whole to a future of instability, people surveyed said that they did not seek tions to provide humanitarian, refugee, and authoritarianism, conflict and subjuga- medical treatment the last time someone in disaster assistance.’’ tion to reactionaries in Moscow? their family was sick. The main reason, spec- This report provides background on hu- I commend Senator BYRD for his ini- ified in 68 percent of cases, was an inability manitarian relief needs in Azerbaijan, a de- tiative in seeking to clarify the section to pay. scription of United States Government-fund- Twenty-four percent of IDP children and 16 907 ban. ed PVO humanitarian assistance operations percent of the resident children (ages 0 to 59 in Azerbaijan, and an assessment of the im- EXHIBIT 1 months) were reported to suffer from diar- pact of Section 907 on these activities. SUBJECT: A GENERATION LOST: ALARMING rhea. BACKGROUND NEWS ABOUT THE HEALTH OF IDP CHILDREN Seventeen percent of the surveyed popu- As a result of the conflict over the status lation were discovered to have iodine defi- First, summary: The 900,000 refugees and of the Nagorno-Karabakh region, Azerbaijan ciency disorders (goiter). The prevalence of internally displaced persons [IDPS] remain has one of the world’s worst refugee/inter- the world’s forgotten tradegy. The tragedy goiter varies considerably by region. Seventy percent of IDP children 12 to 23 nally displaced person (IDP) situations. The must end now. According to the preliminary current estimated numbers in these two cat- results of a CDC/UN health survey on the months old were reported to suffer from ane- mia. Parvanta said that this figure is far egories are: IDPS—they have health problems that are Refugees (mostly from Armenia) 250,000 significantly worse than CDC anticipated. higher than they expected to find here. If iron deficiency is the main cause of anemia Internally Displaced Persons That the IDPS suffer from poor nutrition, (IDP) ...... 658,000 lack of access to health care and chronic di- in Azerbaijan, then many children risk sig- nificant and potentially irreversible con- arrhea among children was predictable. How- Total ...... 908,000 sequences to their mental development. Ane- ever, much more shocking were the CDC’s Of the IDPs, 10% are currently living in or- mia is also a wide-spread problem for adults. findings of stunted growth in children, a ganized camps, and the rest are either living Third, Parvanta cautioned that CDC would high incidence of goiter and widespread ane- with host families, in public buildings, gov- have to further analyze the data before mia. Some of this could result in mental re- ernment-provided shelters (sanatoria), hos- reaching final conclusions. The Ambassador tardation for the worst affected children in tels, unused railway wagons, or crude earth asked whether the survey work had uncov- the camps. This is not 1992. The authors of pits. ered evidence of the WHO-reported malaria FSA 907 did not intend that the U.S. Govern- Some key facts regarding the condition of among IDPS. He said that they had not al- ment not respond to such suffering of little Azerbaijan’s IDPs and refugees: hepatitis though this was yet not mosquito season. kids. On humanitarian grounds, the United cases increased by 144% since January 1993; Noting that he has previously worked in Ar- States must act—even if it means some con- water-borne diseases among children are up menia, Parvanta added that living condi- tact with the government public health serv- 18% and salmonellosis is up 70% in the first tions are considerably worse for the IDPS in ice—to meet this long-ignored crisis. End eight months of 1994 compared to all of 1993; Azerbaijan than refugees in Armenia. summary. the leading cause of infant mortality and Second, Ibrahim Parvanta of the Centers COMMENT main reason for hospitalization is acute res- for Disease Control [CDC] met with the Am- Fourth, we commend CDC for this evalua- piratory infections; drugs previously sup- bassador on April 19 to discuss the prelimi- tion of the state of health and nutrition of plied by the former Soviet central system nary results of CDC’s aid-funded medical sur- IDPs in Azerbaijan. The CDC’s unexpected have decreased from 75% of the country’s vey of IDPS in Azerbaijan. From March 27 findings that young IDP children suffer from needs to 5%. through April 19, the World Health Organiza- stunted growth, anemia and goiter are A substantial portion of Azerbaijan’s terri- tion [WHO], the Centers for Disease Control alarming. As previously reported, there are tory, including most of the best agricultural and Prevention [CDC] and UNICEF, in col- reports from WHO and others that malaria is land, is occupied by Nagorno-Karabakh Ar- laboration with Relief International [RI] and a growing problem in southern Azerbaijan at menian forces, and there has been substan- Medicines Sans Frontieres/Holland [MSF/H] the southern camps near Sabirabad and tial damage to the infrastructure. S8856 CONGRESSIONAL RECORD — SENATE July 25, 1996 Budgetary insolvency has severely strained with the state sector, invested great time This is really a bilateral matter be- the ability of the social welfare system to and effort in trying to secure privately- tween Turkey and Armenia which continue to support over one million bene- owned warehouse space for storage of relief should be worked out between those ficiaries. Some 200 schools country-wide are commodities. In the end there was no alter- two states. As a result of that House occupied by refugees and IDPs (58,500 chil- native to the state-owned facility. Once use provision, the ambassador from Turkey dren are unable to attend school on a regular of the state-owned facility was chosen, the basis). issue of rent payment continued to com- has asked us to retract our provision of Of the total IDP/refugee population, those plicate relations with the facility manage- economic aid. That is a sorry state of most in need—i.e. those who have few or no ment, as the PVO believed Section 907 pre- affairs. They would rather not have the alternative sources of income—are estimated cluded compensation of any state-owned fa- aid if it is tied up in conditions that to number 430,000. Some of the families cilities for services. are onerous to the Turkish government hosting the displaced, pensioners, orphans, Another issue has arisen in connection and people. I do not blame the Turkish handicapped and disabled people bring the with one of the warehouses being used by government for its reaction to this pro- total vulnerable population in need of assist- this PVO—repairs to state-owned facilities. vision. I understand that the Commit- ance to 450,000. One of the warehouses in question has devel- tee has struck that House provision UNITED STATES GOVERNMENT-FUNDED PVO oped a leaky roof. Believing that Section 907 and I congratulate Senator MCCONNELL PROGRAMS IN AZERBAIJAN precluded use of PVO funds to make essen- tial warehouse repairs to protect relief com- and Senator LEAHY for that. That is USG-funded humanitarian assistance pro- the responsible thing to do. grams in Azerbaijan are being implemented modities in the warehouse, the PVO has cov- ered the supplies with tarpaulins but fears Mr. MCCONNELL. That is correct. by several US PVOs. USAID-funded PVO ac- Mr. BYRD. On the matter of Azer- tivities are managed by Save the Children that some damage to the commodities will Federation (SCF) under an umbrella grant. result when seasonal rains arrive. In this baijan, I understand that the House in- SCF-managed programs are principally in case, the PVO’s efforts to comply strictly cluded a provision which would imply the areas of food, health care, and shelter for with Section 907 resulted in wasted time, en- separate legal status to Nagorno- refugees and IDPs. USDA is implementing ergy, and probably damaged relief commod- Karabagh, a region of Azerbaijan. The several food assistance programs for refugees ities. international community, through the and IDPs through US PVOs under the Food RELIEF-RELATED REHABILITATION OF PUBLIC Organization for Security and Coopera- for Progress program. USAID provides funds BUILDINGS tion in Europe has already recognized and food commodities for international orga- The rehabilitation of public buildings the current borders of Azerbaijan as nizations delivering relief in Azerbaijan. being used as shelter by displaced persons in These resources are delivered to bene- Azerbaijan was a priority need identified by constituting its territorial integrity. ficiaries through PVOs. one implementing USG-funded PVO. How- Thus, a separate legal status for Nagorno-Karabagh is opposed by the IMPACT OF SECTION 907 ever, as the PVO believed that Section 907 international community and is The principal impact of Section 907 of the precluded repairs (in this case winterization FREEDOM Support Act on delivery of hu- and sanitation upgrades) to state-owned against the policy of the United States. manitarian assistance by private voluntary buildings, the project was not implemented. I understand, again, that the sub- organizations (PVOs) to those in need in As a large number of displaced persons and committee struck the provision. Azerbaijan has been to complicate or pre- refugees are necessarily accommodated in Mr. MCCONNELL. That is correct. clude activities involving unavoidable con- public buildings not designed as residential Mr. BYRD. Further, humanitarian tact or interaction with government-con- structures, this aspect of Section 907 has had aid to Azerbaijan has been interrupted trolled enterprises, institutions, and facili- a major impact on delivery of assistance to because of a policy adopted in 1992 to those in need in Azerbaijan. ties. In many cases where relief activities cut off U.S. aid to that nation as a re- can be conducted in compliance with Section LOCAL PROCUREMENT OF GOODS AND SERVICES sult of its conflict with Armenia. In 907, the restrictions of that legislation have In some cases PVOs have interpreted Sec- 1992, a war between Armenia and Azer- increased costs of operations and thereby re- tion 907 in a manner that precluded local duced the scope and impact of the activities. procurement of essential goods and services, baijan led Congress to ban direct U.S. As the state domination of the entire econ- or made such procurement more difficult and aid to Azerbaijan. This was included as omy inherited from the Soviet era has barely more costly. For example, one POV project Section 907 of the 1992 law called the changed in Azerbaijan, Section 907 has had a involved improving access to safe water sup- Freedom Support Act, which was in- substantial impact on delivery of humani- plies by drilling wells. However, the only tended to provide economic and other tarian assistance. Following are examples of available company that could preform the aid to former Soviet republics to assist the impact of Section 907 to date. work was state-owned, so the project was not their transition to free and independ- MEDICAL SERVICES implemented. ent states with solid ties to the West Section 907 has blocked or complicated de- Because of the way they have interpreted Section 907, USG-funded PVOs trying to pro- and open markets for American busi- livery of medical assistance to those in need ness. As currently interpreted, Section by USG-funded PVOs. As Azerbaijan’s public cure goods locally have made prolonged ef- forts to find privately owned vendors or sup- 907 prevents U.S.-funded non-govern- health system is entirely state-controlled, it mental organizations from dealing is very difficult to implement some medical pliers. In many cases the privately owned assistance projects without providing assist- suppliers are merely intermediaries who pass with Azerbaijan’s government in carry- ance through government instrumentalities. on state-produced goods at a higher price. In ing out humanitarian missions. In for- To ensure that it was not violating Section addition, exclusion of state-owned sources merly-Soviet Azerbaijan, the govern- 907, one PVO developed a limited, parallel has made competitive bidding impractical, ment still controls a large portion of health care program for the displaced along- and probably resulted in higher costs. the economy, making it difficult, side the government program, which is AID TO TURKEY AND AZERBAIJAN under Section 907, for aid organizations wasteful and contrary to good public health Mr. BYRD. Mr. President, I would to deliver much-needed help to Azer- practice. This same PVO has also refrained like to engage the subcommittee lead- baijan’s population, nearly a million of from utilizing locally available medical per- ership in a colloquy regarding our pol- sonnel in its programs because they are all whom are displaced persons and refu- icy toward Turkey and the Caucasus in gees. government employees, an obstacle that has this bill. The importance of this strate- severely limited the PVO’s ability to reach The findings of a recently released those in need. Finally, many public health gic region for U.S. policy can hardly be report on the refugee health crisis in activities such as child immunization are by overstated, and the bill as passed by Azerbaijan, by the U.S. Center for Dis- their very nature best conducted via the the House has a number of very trou- ease Control, UNICEF and the World state health system, but because of Section blesome provisions. Health Organization cites serious dif- 907 PVOs have felt they are unable to assist Senator MCCONNELL, as I understand ficulties in delivering vital medical in these basic preventative programs. it, the House bill as it passed has sev- supplies and other aid because Section USE OF STATE-OWNED INFRASTRUCTURE/ eral provisions that have the prob- 907’s ban on direct U.S. aid has been FACILITIES ability of damaging our relations with broadly interpreted and used to re- As virtually all facilities and transpor- Turkey, our ally, and Azerbaijan, our strict the delivery of such aid. This was tation equipment in Azerbaijan are state- friend to the east of Turkey in the never the intent of Section 907. Am I owned, compliance with Section 907 has Caucasus. The Turkey provision would made use of basic infrastructure (ware- correct in this statement? houses, truck fleets, and other transpor- link our aid to forced admissions by Mr. MCCONNELL. That is entirely tation and storage equipment) difficult. the Turkish government on historic correct, the section was never intended One USG-funded PVO operating in Azer- events, admissions that are strongly to restrict the delivery of humani- baijan has, in an attempt to reduce contact repugnant to and rejected by Turkey. tarian aid. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8857 Mr. BYRD. The House has included a this important matter and in the fate sistance * * * may not be provided to provision which would set up an artifi- of that region and U.S. interests there, the Government of Azerbaijan until the cial ratio of humanitarian aid relative which are vital. President determines, and so reports to to Azerbaijan and its region of Mr. BYRD. I thank the Senator. I ask Congress, that the Government of Nagorno-Karabagh. Such ratios have unanimous consent that a copy of the Azerbaijan is taking demonstrable no precedent in the delivery of humani- letter which I referred to dated July 11, steps to cease all blockades and other tarian aid and are clearly unworkable. 1996 to me from Ms. Barbara Larkin, offensive uses of force against Armenia I understand the subcommittee has Acting Assistant Secretary of State for and Nagorno-Karabakh.’’ struck that provision. Legislative Affairs be printed in the The need for humanitarian aid in Mr. MCCONNELL. That is, again, RECORD. Azerbaijan is great, and Section 907 correct. Such an artificial mechanism There being no objection, the letter makes it difficult for aid organizations in directing humanitarian aid has was ordered to be printed in the to deliver the much-needed assistance never been used and I do not know how RECORD, as follows: to the people of Azerbaijan, nearly a it could be administered. U.S. DEPARTMENT OF STATE, million of whom are displaced persons Mr. BYRD. It is in our interest to en- Washington, DC, July 11, 1996. and refugees. The U.S. Center for Dis- sure that humanitarian aid get DEAR SENATOR BYRD: This letter is in re- ease Control, UNICEF and the World through to all needy people who are sponse to your request for our views on lan- Health Organization have all cited seri- suffering as a result of the war. The guage on assistance to Azerbaijan included ous difficulties in delivering vital med- chairman, in the action of the full in the report accompanying the FY 97 Senate ical supplies and other aid to Azer- Foreign Operations bill. You are aware of committee, included language sug- baijan because of Section 907’s ban on our long-standing position regarding aid to direct U.S. aid. However, this was gested by the ranking member and my- Azerbaijan. self which clarified our intent that hu- As written, this language, as well as simi- never the real intent of Section 907. Re- manitarian aid be effectively delivered lar report language accompanying the House port language which clarified the in- using the facilities of the government bill, is useful in clarifying congressional in- tent that humanitarian aid be deliv- of Azerbaijan. If the facilities of that tent on interpretation of Section 907 of the ered using the facilities of the govern- ment of Azerbaijan has been added to government are not used, much of the FREEDOM Support Act insofar as the deliv- ery of humanitarian assistance is concerned, this bill. I understand that Senator aid would not be able to be delivered, and is consistent with our views in this re- BYRD agreed to withhold his amend- as I understand it. Further, I have a gard. We understand this language to express ment, which I co-sponsored, with the letter from the Department of State in- the congressional view that Section 907 understanding that the chairman will dicating the Administration agrees en- should not be interpreted to preclude non- defend the Senate position in con- governmental and international organiza- tirely with this policy and stating the ference and continue to resist the intent of the Administration to revise tions from using and repairing Government of Azerbaijan facilities or services to deliver House provisions. its State Department guidelines in re- It is important to recognize the eco- gard to that region in order to ensure humanitarian assistance to needy civilians, and that humanitarian supplies may be nomic and strategic potential of Azer- there is no further ambiguity as to the transferred to Government personnel for the baijan. The country, known as ‘‘the delivery of food, medicines and the like purpose of distribution. Further, we under- Kuwait of the Caspian’’ has proven oil into Azerbaijan with the assistance of stand that the Committee intends that reserves of three billion barrels. Ex- government personnel and facilities needy civilians be permitted to receive as- perts has put the ultimate potential of there such as warehouses, clinics and sistance in growing their own food for suste- the country as high as forty billion other logistical support. nance, and are not precluded from selling the barrels of oil. Gas reserves of the coun- excess in the private sector. We understand Mr. MCCONNELL. Yes I understand try are 184 billion cubic meters on the the guidelines will be issued promptly that the Committee expects, as do we, pri- vate voluntary and international organiza- discovered fields. In 1994, a consortium after the passage of this bill. of Western oil companies signed an Mr. BYRD. There is still some con- tions to maintain effective monitoring pro- cedures to assure appropriate supervision eight billion dollar production sharing cern on the part of the organizations over supplies and recipients. agreement with the government of that deliver the aid that a statutory Consistent with current law and the FY 97 Azerbaijan. They have a thirty year provision recognizing this policy might Appropriations process, we intend to revise contract to work on the Guneshli- be needed to ensure the aid can in fact the State Department and USAID guidelines Chirag-Azeri offshore fields. U.S. com- regarding the provision of assistance to be delivered as we intend. I have pre- panies have a good opportunity now to pared such an amendment and it is co- Azerbaijan to reflect this mutual under- standing of Section 907’s scope. establish a commercial relationships sponsored by Senators LEAHY, REID, Please do not hesitate to contact me if I with Azerbaijan. JOHNSTON, JEFFORDS, INOUYE, COHEN, can be of further assistance. The strategic potential of Azerbaijan LUGAR, and MURKOWSKI. The language Sincerely, is also very important, and should be would directly reflect the report lan- BARBARA LARKIN, brought to the attention of policy- guage already agreed to. However, I am Acting Assistant Secretary, makers. Russia, the United States, the willing to withhold that amendment if Legislative Affairs. European Union, Turkey and Iran all the chairman can assure me that he AID TO AZERBAIJAN have a great interest in the geo-politi- will defend the Senate position in con- Mr. MURKOWSKI. Mr. President, I cal and economic state of affairs in ference and continue to resist the oner- rise today to speak in support of Sen- Caspian Sea Rim Region. Whether the ous House provisions I have referred to ator BYRD’s comments regarding aid to pipeline from Baku to Novorossiisk regarding Turkey and Azerbaijan. Azerbaijan in his colloquy with Sen- will be able to be used, presents a sta- Lastly, I would ask that the language ator MCCONNELL. I understand that bility question, since it passes through regarding the delivery of humanitarian Senator BYRD had intended to offer an war-torn Chechnya. In addition, while aid that we included in the Senate amendment, which I cosponsored, to U.S. oil company’s have forty percent committee report be included in the the foreign operations appropriations of the shares in one project and grow- Statement of Managers of the Con- bill on this issue. ing financial participation in other ference Report. Mr. President, Azerbaijan is the only projects in the Caspian Rim, they have Mr. MCCONNELL. I appreciate the one of the fifteen former Soviet Repub- accepted Russia’s leading role. Finally, Senator’s position. I fully intend to re- lics to be denied assistance in the Free- Azerbaijan how has a secular muslim sist the House provisions he referred to dom Support Act. Humanitarian aid to government, however, there is a Is- and we are in complete agreement on Azerbaijan has been denied as a result lamic fundamentalist influence that what should be the nature of sound of its conflict with Armenia. Section Azerbaijan has so far resisted, that is U.S. policy toward this region. I will 907 of the Freedom Support Act, as cur- cause for concern. But Azerbaijan will support the Senate position in con- rently interpreted, prevents U.S.-fund- not be able to develop, and reach its ference, and I am sure that I will have ed nongovernmental organizations full potential if it is not able to receive the support of the ranking member and from dealing with Azerbaijan’s govern- the humanitarian assistance that it all of our conferees on this matter. I ment in carrying out humanitarian now needs from U.S. nongovernmental thank the Senator for his interest in missions. Section 907 states, ‘‘U.S. As- humanitarian organizations. S8858 CONGRESSIONAL RECORD — SENATE July 25, 1996 AMENDMENT NO. 5047 aid to Turkey at $33.5 million. I believe I am pleased to be an original co- Mr. MCCAIN. Mr. President, Senator that was a fair compromise. sponsor of the Simon-Kassebaum DOMINICI offered an amendment this Mr. President, the reasons why Con- amendment which restores the designa- evening to condition International gress felt compelled to cap aid to one tion of the Development Fund for Afri- Military Education and Training of our allies are several. I will not go ca. [IMET] assistance to Mexico on Mexi- into detail on these reasons because Mr. President, as the ranking Demo- can authorities apprehending and be- the record, most recently updated in crat of the Africa Subcommittee, I ginning prosecution of, or extraditing the rigorous House debate on these is- have become increasingly aware of how to the United States, drug traffickers. sues, is quite substantive. There are the 48 countries of sub-Saharan Africa I fully agree with the sentiment of four key concerns: Repeated human represent important security concerns the amendment. Stemming the flow of rights violations, its refusal to comply for the United States. As we head to- drugs into the United States is abso- with the Humanitarian Corridor Act ward the 21st century—an era that will lutely vital to the quality of life and and allow aid shipments to Armenia, no doubt be marked by transnational future of our Nation. I believe that we its continued military occupation of concerns—Africa is becoming even should encourage Mexican authorities Cyprus, and its abuse of the Kurdish more relevant to United States inter- to do everything in their power to take minority. On the last point, I am con- ests, our economic, political, humani- action against drug traffickers. How- cerned particularly with the use of tarian, and security concerns. ever, I also believe that denying them American military equipment against Long-term development assistance to IMET assistance is not the proper way the Kurds. African nations—whether through bi- of going about it. It’s common practice for Congress to lateral or multilateral channels—di- There are certainly other more bene- use foreign aid as leverage to achieve rectly complements U.S. foreign policy ficial ways to improve the level of co- foreign policy and human rights goals. goals and national security interests. operation between our two nations. We I have long advocated tougher restric- There are several examples of this should not be in the business of threat- tions on aid to Turkey to achieve a complementarity. ening and coercing our friends. peaceful, free and united Cyprus. I have First, we have an interest in a safe The continuation of IMET assistance called on the President to suspend and healthy environment. The rapid is important in its own right, military sales to Turkey until it im- spread of the Ebola virus demonstrated unconnected to the level of cooperation proves its human rights record. And I some of the vulnerabilities on the con- we receive on the issue of drug traffick- was a cosponsor of the Humanitarian tinent. Now, unfortunately, the rates ing. Exposing foreign militaries to U.S. Corridor Act. of HIV and AIDS infections in Africa military procedure and ethics promotes I believe we sent a very strong signal are the highest in the world, and they our values. It helps create among these to Turkey last year when we agreed to are continuing to rise rapidly. As we militaries a respect for the democratic cap economic assistance and passed the have seen, viruses do not need visas. rule of law and civilian leadership. Humanitarian Corridor Act. To retreat Second, we have an interest in ex- Over time, this assistance will foster a from that strong stand would send the panding trade and investment ties with far more productive United States- wrong signal and remove a vital piece the African continent. U.S. exports to Mexico relationship in the areas ad- of leverage we need to make progress Africa expanded by 22.7 percent in dressed by the amendment than will on the key issues I have raised. 1995—this is nearly twice the growth threatening sanctions As I said, I had intended to offer rate of total U.S. exports worldwide. TURKEY amendments to restrict economic as- Already U.S. exports to Africa equal 54 Mr. PRESSLER. Mr. President, I had sistance to Turkey. However, I believe percent more than our exports to the intended today to offer a series of that, if past is prologue, the best former Soviet Union. We export more amendments regarding economic as- course of action to pursue is to work to South Africa alone than to all of sistance to Turkey. These amendments with the distinguished Senator from Eastern Europe combined. would have been similar to the provi- Kentucky, the distinguished Senator Third, we have an interest in democ- sions included in the version of H.R. from Vermont, Senator LEAHY, and racy. Well over half of African nations 3540 that was approved by the House of their counterparts in the House. now can be considered democratic or Representatives on May 22. Specifi- I see the distinguished chairman of have made substantial progress toward cally, these provisions would cap eco- the Foreign Operations Subcommittee democracy. Many of these nations also nomic support funds [ESF] at $25 mil- on the floor. I would just urge that he are moving toward free-market econo- lion, and would lower that amount to take my concerns, the concerns of my mies. $22 million if the Government of Tur- colleagues and clearly, the concerns of Fourth, we have an interest in key failed to acknowledge the tragic the strong majority of our counter- human resource development. Sub-Sa- Armenian genocide that occurred from parts in the House into consideration haran Africa has the fastest growing 1915 to 1923. The House also approved a as he moves to conference on this legis- and poorest population in the world. A provision that would restrict the Presi- lation. substantial percentage of Africa’s pop- dent’s authority to waive aid restric- Mr. MCCONNELL. I thank my friend ulation is under 18 years of age. These tions against those countries found from South Dakota. I appreciate his children will soon grow to adulthood violating the Humanitarian Aid Cor- willingness to work with me to achieve and I would hope there will be opportu- ridor Act. an appropriate solution to the con- nities for them to engage in productive I support all these provisions. I know troversies surrounding economic as- activities. a number of my colleagues in the Sen- sistance to Turkey. This is a very con- At the same time, Africa’s infant and ate support them as well. However, the troversial issue. I know he has been an child mortality rates are 2 to 3 times bill before us on the floor does not con- outspoken advocate of a free, united higher than those in Latin America or tain any restrictions on economic aid Cyprus for many years now. He can be Asia. to Turkey. I would note that the bill assured that I will take his views into Finally, we have an interest in secu- would make the Humanitarian Cor- consideration as we go to conference on rity. It is unfortunate, but Africa also ridor Act permanent, and I commend this bill. is home to terrorist activity and to the distinguished chairman of the For- Mr. PRESSLER. I thank my friend drug and arms trafficking. eign Operations Subcommittee, Sen- from Kentucky. Mr. President, a stable African con- ator MCCONNELL, for doing so. DEVELOPMENT FUND FOR AFRICA tinent serves American interests. As my colleagues well know, what we Mr. FEINGOLD. Mr. President, as the The Development Fund for Africa have before us today is a replay of last Senate considers the foreign operations (DFA) was established nearly 10 years year’s appropriations process. Last appropriations bill for fiscal 1997, I ago specifically to ensure a steady year, the House capped economic aid to would like to share with my colleagues source of long-term development funds Turkey at $21 million, and the Senate once again my thoughts on the impor- for Africa. bill did not restrict economic assist- tance of our foreign assistance program In the past 8 years, the DFA has con- ance. The final bill capped economic in Africa. tributed to substantial gains in health July 25, 1996 CONGRESSIONAL RECORD — SENATE S8859 care, education, small business devel- LEAHY and myself outlining the Ad- rights in the East Timor including ar- opment, democracy, and stability. ministration’s policy toward arms bitrary arrests and detentions, curbs The DFA is about investing in devel- transfers to Indonesia. The letter on freedom of expression and associa- opment and not in crises. The types of said—and I quote—‘‘our current arms tion, and the use of torture and sum- challenges we face in Africa today are sales policy . . . prohibits the sale or mary killings of civilians. very complex and require long-term so- licensing for export of small or light Early last year, several riots and lutions. And this requires long-term in- arms and crowd control items until the demonstrations in East Timor were vestment. Secretary has determined that there broken up violently by the Indonesian By restoring the DFA account, we has been significant progress on human military. On January 12, 1995, outside give the administration the oppor- rights in Indonesia, including in East of Dili, the capital, six East Timorese tunity to capitalize on that invest- Timor.’’ In light of the Administra- civilians were shot and killed by Indo- ment. tion’s willingness to continue volun- nesian troops. In September, riots I will make a budgetary argument as tarily this prohibition on the sale of broke out in Maliana and in Dili that well. My colleagues know that since such items, we withheld offering statu- were motivated by intense religious my election to the Senate, I have been tory language on last year’s appropria- and ethnic tensions. a consistent deficit hawk. So, I always tions bill. The situation has deteriorated sharp- look for areas where we can cut waste- Mr. President, we are now debating ly in recent months. Just last month— ful Government spending. our foreign assistance program for a on June 10, 1996—graffiti drawn on a Mr. President, the Development Fund new fiscal year, and the situation in picture of the Virgin Mary in the town for Africa is not one of these areas. On the East Timor continues to worsen. As of Baucau provoked riots during which the contrary, it is one of the most ef- every member of this body knows, In- Indonesian security forces opened fire fective programs in our foreign assist- donesia has sustained a brutal military and at least 150 people were arrested. ance package. In fact, the Agency for occupation of East Timor since 1975. This incident reflects what Human International Development has based Every human rights organization in Rights Watch/Asia describes as ‘‘an many of its reform initiatives on les- the world has criticized Indonesia’s emerging pattern of provocative acts of sons learned through DFA programs. human rights record, particularly in religious desecrations or insult, fol- As a result of DFA assistance, Afri- lowed by mass protests, followed by a East Timor. The State Department has can farmers are growing more food, crackdown by security forces.’’ In fact, consistently reported human rights more children are attending primary the Baucau riots represent the third violations by Indonesia’s military, in- school, and more informal sector entre- such incident in East Timor in less preneurs have access to credit than was cluding in its most recent report. Since the Indonesians invaded East than one year. possible 10 years ago. Mr. President, I am deeply concerned Timor 20 years ago, more than 200,000 And the United States has played a that—despite the fact that the Govern- East Timorese—about a third of the key role in helping several African ment of Indonesia allowed for a visit to population—have died. But the Indo- countries experience dramatic drops in East Timor of the U.N. High Commis- nesian strategy of trying to control fertility through effective family plan- sioner for Human Rights, Jose Ayala ning and health care programs. East Timor through a combination of Lasso, in December 1995, and despite In sum, Mr. President, restoring DFA infrastructural development and tight the fact that the Government opened through the Simon-Kassebaum amend- internal security has failed to win ac- an office of the National Commission ment represents a sound investment in ceptance of Indonesian rule. Many on Human Rights in Dili . . . despite our relationship with the continent of Timorese are still marginalized and op- some of these positive developments— Africa. It does not call for any new pressed in their own homeland. Last the Government of Indonesia continues money. It does not take funds away year the United Nations Special to engage in extrajudicial executions from any other region. But it does sig- Rapporteur reported that he saw ‘‘an and killings and the systematic use of nal our continued interest in remain- atmosphere of fear and suspicion’’ in torture. ing engaged with Africa. East Timor and that people were afraid And the Indonesians have engaged in I would also note that passage of this to talk to him about the human rights these activities despite the country’s amendment would be a fitting tribute abuses they and their families had suf- great economic success of the past few for the Senator from Kansas and the fered. years. Mr. President, I would like to Senator from Illinois. These two Sen- Mr. President, East Timor made dispel any myths among my colleagues ators, who long ago recognized the im- international headlines in 1991 when that Indonesia’s progress on the eco- portance of remaining engaged with Af- the military massacred, by conserv- nomic front has led to any progress in rica, were instrumental in getting the ative estimates, at least 100 East its human rights record. DFA established in the first place. And Timorese who were attending a fu- So, we have seen no progress in both have demonstrated leadership on neral. The National Human Rights human rights in Indonesia. I had in- this issue throughout the years. Commission in Jakarta now says it has tended to propose an amendment which In honor of their hard work on this evidence that the massacre was ‘‘not a codifies the U.S. position on human and other issues of concern to Africa, I spontaneous reaction to a riotous mob, rights and arms sales to Indonesia. In urge my colleagues to pass this amend- but rather a planned military oper- the past, I have advocated a much ment. ation designed to deal with a public ex- more comprehensive arms ban, which I MILITARY SALES TO INDONESIA pression of political dissent.’’ wish we could pass. But a ban on small Mr. FEINGOLD. Mr. President, as the And the tension in East Timor con- arms and crowd control weapons em- Senate considers the foreign operations tinues to intensify, influenced in part phasizes a very important policy goal— appropriations bill, I would like to by the ongoing power struggles in Ja- that the United States is stepping once again raise the issue of the human karta, the increased resentment of the away from responsibility for human rights situation in Indonesia. presence of Indonesian military offi- rights abuses in Indonesia, and particu- As my colleagues may remember, in cers and vigilante groups, and the im- larly in East Timor. As I have said be- 1994, the Senate adopted an amendment migrant settlers brought in by Indo- fore in this body, it is especially impor- which I cosponsored with Senator nesia to consolidate their occupation of tant that we establish this linkage be- LEAHY to the fiscal year 1995 foreign the island. tween arms sales and human rights. operations legislation. A similar In sum, I want to make it clear that In the meantime, however, the ad- amendment was adopted by the For- Indonesia did virtually nothing in 1995 ministration has once again provided eign Relations Committee in the 1995 to improve its human rights record. A us with written assurances that the ex- authorization bill. These provisions re- change in United States policy regard- isting ban on light arms sales to Indo- stricted the sale of light arms to Indo- ing the sale of military equipment is nesia will remain in effect. With that nesia in light of concerns related to therefore unwarranted. understanding, I will refrain, again, East Timor. The State Department and independ- from efforts to codify this provision. Last year, however, the State De- ent human rights organizations all re- Mr. President, the administration’s partment sent a letter to Senator port continued abuse of basic human policy sends a clear message to the S8860 CONGRESSIONAL RECORD — SENATE July 25, 1996 leaders of Indonesia that the United tance of Alaska’s relationship with the have provided these communities with States will not be associated with nor Russian Far East, the second meeting communications facilities, small busi- will it tolerate their campaign of re- of the working group was held in An- ness training, advanced interships with pression against the people of East chorage, AK, in March 1996. It was a American business, and technical as- Timor. very productive and successful event. I sistance since 1993. We do not want to support human encourage all Senators from west coast Continued funding of the American- rights abuses in East Timor. We do not States to become involved in the work Russian Center is ultimately cost-sav- want weapons manufactured in the of the group and to encourage busi- ing to the American taxpayer. The cen- United States involved in massacres of nesses in their states to do so as well. ter is seeking to become self-sufficient peaceful protestors or in interrogations The next meeting of the working group by 1998. At present, local Russian in- of activists that oppose the Indonesian will take place in Khabarovsk, in the dustries and governments are support- armed forces. We do not want U.S. Russian Far East, from September 22 ing 70 percent of the cost for training arms used to kill and torture the peo- to 24, 1996. Russian personnel in the United ple of East Timor. I have seen first-hand the growth in States, and they have pledged 100 per- Mr. President, I am pleased that the business activity between the States of cent support by 1997. The operation of the west coast and the Russian Far administration is continuing this pol- these centers by the American-Russian East. The economic reform efforts tak- icy. I ask unanimous consent that the Center will play an important role in ing place in the Russian Far East, in text of the letter be printed in the the future of market development and such cities as Vladivostok and RECORD. democracy building in the Russian Far There being no objection, the letter Khabarovsk are significant. For exam- East. was ordered to be printed in the ple, Vladivostok, once a closed city, RECORD, as follows: now has a stock exchange. Economic MICRO CREDIT U.S. DEPARTMENT OF STATE, reform will also progress as develop- Mr. GORTON. Mr. President, micro Washington, DC., July 25, 1996. ment of the oil and natural gas fields enterprise loans help people become Hon. RUSSELL D. FEINGOLD, on the continental shelf north and self-sufficient and lift themselves out U.S. Senate, northeast of Sakhalin Island. The oil of poverty. Micro credit programs ex- Washington, DC. development is being led by two major tend small loans to the poor for self- DEAR SEN. FEINGOLD: The Administration shares your concern about reports of human international oil consortiums with U.S. employment projects that generate in- rights abuses in Indonesia. We continue to partners. They have already announced come. These programs generally offer raise our concerns in meetings with Indo- that they will start designing projects various services and resources as well nesian officials, and Secretary Christopher on Sakhalin Island worth $30 billion. as credit for self-employment. Micro made a point of meeting with human rights Alaskans and citizens of other west credit has shown its ability to fight activists during his visit to Jakarta this coast States will be involved in that poverty and its importance to poor week. development. There are also gold, dia- people around the world. Approxi- We understand you may be considering an amendment to the Foreign Operations Ap- mond, timber, and fisheries industries mately 8 million needy people who live propriations bill that would further restrict in the region. The Russian Far East’s in developing countries are helped by the types of defense items that can be sold or resources could provide the engine for Micro credit programs. licensed for export to Indonesia. While we growth, through its export revenues, Micro credit programs have also been support your objective, we believe this for the economic restructuring of all of useful in developed countries, where amendment is unnecessary. The Administra- Russia. many thousands of people receive tar- tion’s policy already prohibits the sale of I have promoted ties between Alaska small arms, crowd control equipment, and geted loan funds and specialized coun- and the Russian Far East. In 1989 I seling that help them with preparing armored personnel carriers, which we all helped make possible, and traveled on agree should not be sold or transferred to In- for self-employment. According to a re- donesia until there is significant improve- the groundbreaking first flight from cent Catholic Relief Service evalua- ment in the human rights situation there. Nome to Providenya. From that initial tion, ‘‘97% of the members from two es- This policy has been effective, and the Ad- step, relations between Alaska and the tablished banks in Thailand found ministration will continue to abide by the Russian Far East have gone very far, their income had increased by between policy. very fast. The working group is doing $40 and $200 per year.’’ We hope this information is responsive to an outstanding job of setting priorities As Results, a non-governmental orga- your concerns. Please do not hesitate to con- and coordinating joint efforts to move tact us if we can be of further assistance. nization concerned with issues of world forward on projects and programs that Sincerely, poverty, points out in a recent draft of will benefit both Russians and west BARBARA LARKIN, its Micro credit Summit Deceleration: coast States by building and increasing Assistant Secretary, ‘‘Increasingly, Micro credit it being Legislative Affairs. business ties between the two regions. linked programmatically to savings The projects of the working group will RUSSIAN FAR EAST AND AMERICAN-RUSSIAN plans that either require or strongly CENTER bring about greater private sector de- encourage savings by borrowers. Prac- Mr. MURKOWSKI. Mr. President, I velopment in the Russian Far East. titioners have found that the ability to rise today in support of language in the The group has already proven to be an save funds * * * is an important self- Senate report for the foreign oper- essential and integral part of the eco- help tool for very poor people, allowing ations appropriations bill underlining nomic reform effort currently under- them to build assets essential to long- the importance of the work of the way in Russia. term financial security and self-suffi- United States West Coast-Russian Far In addition to my support for the ciency.’’ East Ad Hoc Working Group, and of the working group, I would also like to American-Russian Center in Anchor- take this opportunity to express my This is an important testament to age, AK. support for the American-Russian Cen- how an individual, ultimately respon- Mr. President, the Gore- ter in Anchorage, AK. The Senate has sible for his own well being, can pros- Chernomyrdin Commission’s United wisely funded it in the foreign oper- per with a little push, where none ex- States West Coast-Russian Far East Ad ations appropriations bill at the isted before. Hoc Working Group, under the leader- amount of $2,500,000 for its operation We can observe the benefits of Micro ship of Jan Kalicki, the Counselor to and training programs. The center has credit in many countries, where indi- the Department of Commerce, is doing played an important role in the growth viduals, with help, have become self- an outstanding job of developing a bi- of business and exchanges between sufficient enough to make great eco- lateral framework that will lead to in- Alaska and the Russian Far East. The nomic strides. Micro enterprise lending creased trade and investment between purpose of the center is to provide busi- is a worthwhile venture that I am glad the Russian Far East and west coast ness training and technical assistance to support. I also want to commend the States. The first meeting of the work- to the Russian Far East. It has train- Subcommittee on Foreign Operations ing group was held in Seattle, WA, in ing facilities in Yakutsk, Khabarovsk, for expressing its support of micro en- June 1995. In an example of the impor- Magadan, and Sakhalin Island. They terprise funding, specifically its intent July 25, 1996 CONGRESSIONAL RECORD — SENATE S8861 that at a majority of all micro enter- for the loan of the group’s members be- the leadership of the Republic of prise resources be focused on the poor- cause it is the group and not the bank Zimbabwe for its constructive actions est people. Perhaps the primary con- that evaluates loan proposals. If all and hope there will be no further need duit for micro enterprise lending by five in the group repay their loan for this committee to review this mat- this Government is AID’s program with promptly, they are guaranteed credit ter nor contemplate action to remedy nongovernmental organizations. AID for the rest of their lives. complaints by United States citizens. should continue its efforts in this re- But the bank also follows borrowers THE EXPORT-IMPORT BANK gard, and should maintain an aggres- to save money and never forgives a Mrs. MURRAY. Mr. President, I rise sive approach to the micro enterprise loan, although they may restructure. to make a few remarks about the for- issue. Grameen helps their clients attain eign operations legislation for fiscal A.I.D. FUNDING OF MICROENTERPRISE PROGRAM their entrepreneurial potentials and year 1997. Let me begin by com- Mr. BINGAMAN. Mr. President, dur- encourages a culture of self-help and plementing both Chairman MCCONNELL ing the consideration of the foreign op- self-reliance. and Senator LEAHY for bringing this erations appropriations bill, I want to The Grameen model is now being fol- bill to the floor today. As a member of address the issue of microenterprise fi- lowed by many established nongovern- the subcommittee, I appreciate the nance as a tool for sustainable develop- mental organizations. In fact, many lengths to which both of these Sen- ment in developing countries. are developing new and innovative ap- ators have gone to accommodate me I realize that Third World develop- proaches that are showing enormous and the citizens of Washington State. ment efforts have received much criti- ingenuity and success. This is important legislation; issues cism in this body, but here is an emerg- I strongly support this more creative including the Middle East peace proc- ess, the growth of democracy in the ing theory and technique for offering and productive approach to providing former Soviet Union, efforts to combat financial services to the poor that is foreign aid to developing countries, and disease and starvation around the similar to those found in any financial am appreciative of the efforts of the globe, international family planning system. committee chairman and ranking and job-creating export assistance fi- I understand that the microenter- member, Senators MCCONNELL and nancing are all part of this bill. Few prise program is based on the concept LEAHY, for the report language of the pieces of legislation address so many that giving poor people access to finan- foreign operations appropriation bill that A.I.D. maintain last year’s level of issues of importance to this country— cial services can allow them to partici- economic issues, national security is- pate in the private sector, rely on their funding microenterprise programs. Microenterprise loans average less sues and others associated with our entrepreneurial spirit, and be given a role as the world’s lone superpower. chance to rise out of poverty. than $140, but the impact this small amount of money has on the loan re- Importantly, this is all accomplished The microenterprise program has for an investment that represents less gained increasing recognition as a cre- cipients is enormous. At least half of the microenterprise resources are iden- than 1 percent of the Federal budget. ative and successful way to provide for- I am particularly pleased that the tified to make loans of less than $300 to eign aid to developing countries. Appropriations Committee fully funded those in the poorest half of the poverty Traditionally, most Western aid pro- our assistance program to Russia to line. This guarantees that microenter- grams emphasize increasing credit to foster the growth of democracy and prise funds are directed toward those the poor at subsidized interest rates. build important new markets for Unit- who need it the most. The funds go to But Mr. President, creating and main- ed States goods and services. My home taining such distortions in Third World individuals, not to governments. State of Washington is actively in- Microenterprise loans give people a economies does not benefit the poor; in volved in Russia, particularly the Rus- way to transform their lives. These fact, most of such subsidized credit sian Far East. Educational, cultural, funds provide a way to become self-suf- serves those already established in the health and athletic exchanges, numer- ficient, and allows people to begin to private and public sectors. Instead, if ous sister city relationships, the West meet their own needs in the areas of you can reach the poorest of the poor Coast Working group of the Gore- health, educating their children, and and enable them to become self-em- Chernomyrdin Commission, and of ployed or create micro-business, then improving their living environment. course, international trade and com- at least they face the possibility of Most important, the microenterprise merce with Russia have all captivated emerging from poverty. program gives people hope for the fu- the citizens of Washington State. In addition, poor people and espe- ture. Washington State has demonstrated a Microenterprise foreign aid money is cially women, face barriers to credit commitment to developing and expand- recycled. As money is paid back it is that are often based on a set of con- ing ties with the Russian Far East by used for new loans to others. Eventu- straints including a lack of collateral locating a state office in Vladivostock. and being perceived as a bad credit ally the microenterprise programs get I have already mentioned that this risk. linked into the formal financial sys- bill addresses many national interests There are many examples where tem, and the effect is expanded even of concern to the United States. Any of these misperceptions have been proven more. The microenterprise program which could be explored in greater de- wrong. will help millions of families. tail today here on the floor of the Sen- The Grameen Bank, for example, has My colleagues in this Chamber have ate. I want to take a few moments to become an international success story given strong and sustained support to focus on the provisions of this bill that when talking about microenterprise fi- the microenterprise program. I com- promote exports from the United nance. It is an organization for the mend them for recognizing this States—the job creators of this legisla- poor and has accessed 2 million poor in project’s utility and worth. This pro- tion—and specifically, the Export-Im- the past 15 years. It has 1,050 offices gram effectively promotes economic port Bank of the United States. and serves 35,000 villages, 94 percent health in poor countries, and should re- This legislation provides nearly $770 being women. The customers, who are ceive the highest possible commitment million to the Export-Import Bank of also part owners, obtain small loans for from A.I.D. the United States for fiscal year 1997. self-employment from which they gen- ZIMBABWE Ex-Im is the great equalizer for U.S. erate income to repay the loans and Mr. MCCONNELL. Mr. President, this firms seeking to export abroad in a support their families. Grameen ex- committee was prepared to deal with a competitive global marketplace. A tends credit without collateral but current trade dispute and nationaliza- marketplace where our international only has a 2 percent default rate, tion of foreign assets in Zimbabwe, but competitors are spending vastly great- equivalent to that of any Western has withdrawn action relying upon the er sums of money in support of their bank. good faith representations of Ambas- exporters. For example, in 1994, Japan To qualify for a loan, a client must sador Midzi of the Republic of provided export financing to nearly 40 join a 5-member group and a 40-member Zimbabwe that the problems involving percent of all that nation’s trade deals. center and attend weekly meetings. United States companies have been In the same time period, Canada fi- The client must assume responsibility mediated successfully. We congratulate nanced almost 20 percent of its exports. S8862 CONGRESSIONAL RECORD — SENATE July 25, 1996 U.S. export financing through the Ex- es an outstanding controversy regard- are chosen to mutually benefit both Im bank equaled 3.3 percent—a figure ing the Bank’s provision of so-called the United States and the collaborat- significantly below virtually all of our retention bonuses. The bill restricts ing partner. The benefits of these re- trade partners. funding for the salary and expenses of search programs don’t flow one way, It is estimated that the fiscal year the chairman and president of the but flow in both directions. 1997 appropriation will support between Bank until Mr. Kamarck is confirmed Finally, unlike most United States $15 and $18 billion in exports. Think by the regular process of the Senate. A collaborative research programs, or as- about it, the Export-Import Bank will full Senate hearing is, after all, the sistance programs in general, Poland, leverage its $770 million appropriation best forum to question Mr. Kamarck’s the Czech Republic, Hungary, and Slo- to generate $15–$18 billion in economic actions and his nomination to lead the vakia, match dollar for dollar the Unit- activity—job creating economic activ- Bank. I urge the Senate to proceed im- ed States contribution to the joint re- ity—right here in the United States in mediately with a hearing for Mr. search funds for their countries. This the next year. For several pennies, the Kamarck. shows the importance they attach to American taxpayer, through Ex-Im, Additionally, this legislation cuts ad- this collaboration. In fact, I have just will support nearly 500,000 American ministrative expenses for the Export- received a joint letter from the Ambas- jobs. And export-related jobs have Import Bank by nearly $7 million. This sadors of these four countries stressing shown to pay approximately 13-percent punitive action is another expression of their governments’ support and finan- more than nonexport jobs. The Ex-Im congressional frustration over the re- cial commitment to the programs. I Bank is sustaining and creating family tention bonus issue. My concern is that have also received letters from Amer- wage jobs all across this country. in our zeal to protest previous Bank ac- ican researchers stating the benefits of In my own State of Washington, the tions, we will actually be harming the this program. I want to stress that Ex-Im Bank is having a significant im- Bank’s ability to help America’s ex- every dollar of funding supports re- pact on trade promotion and job cre- porters. I hope my colleagues in the search projects—there are no overhead ation. Many identify the Boeing Co. Congress and the administration will costs associated with these joint re- with the Export-Import Bank. While come together to address outstanding the relationship between the bank and search funds. I believe that these cooperative re- the aerospace industry is often over- Bank issues prior to this bill becoming stated, it is important to note that ap- law. search and development programs ex- This legislation also provides impor- proximately 2,000 small businesses in emplify the type of programs we should tant funding for the Overseas Private Washington State do contracting work support with these countries and are in Investment Corporation [OPIC] and the for the Boeing Co. So when Ex-Im helps line with the goals of our assistance the United States commercial aircraft Trade and Development Agency [TDA]. programs in Eastern Europe and the industry develop new markets for air- Both of these entities are also impor- Baltics. craft in Poland and Lithuania, Ex-Im tant components in the U.S. Govern- I would ask the distinguished rank- supports jobs at small businesses ment’s trade promotion arsenal. ing member if he agrees with my as- Mr. President, in my mind, the trade across my State. sessment of these collaborative re- There are numerous examples of the and export promotion provisions of this search programs and that guidance Export-Import Bank aiding Washing- legislation represent a partnership provided to the Agency for Inter- ton State businesses seeking to export with states across the country. In national Development should encour- abroad. With Ex-Im assistance, Pacific Washington State, by virtue of our lo- age AID to make a contribution to Propeller, a propeller manufacturer cation and history, we enjoy important these four programs in fiscal year 1997 and overhauler, located in Kent, WA cultural and economic ties with vir- at the level these programs received in secured $7.5 million of important work tually every corner of the world. De- fiscal year 1996. in Indonesia. Connelly Skis exported spite an activist statewide commit- Mr. LEAHY. Mr. President, I would its recreational equipment including ment to international trade, Washing- say to the Senator from Maryland that the new ‘‘Big Easy’’ water ski to Bel- ton State needs the backing of the Fed- I will urge the conferees to include in gium, Columbia, South Africa, and Ja- eral Government to counter the re- the statement of manager’s language maica. And the Lamb Weston Corp. sources of the Japanese and German to provide sufficient guidance to the shipped Washington State french fries Governments and those of our other Administrator of AID to allow funding to Argentina, Chile, Guatemala, and international trade partners. For a for these important agreements. Aruba. This was all done with assist- minuscule investment, agencies like Ms. MIKULSKI. Mr. President, I ance from Ex-Im—all of these export the Export-Import Bank, the Overseas thank the Senator from Vermont for deals may not have occurred without Private Investment Corporation and this important clarification. Ex-Im assistance. Clearly, the Export- the Trade and Development Agency all Mr. DOMENICI. Mr. President, the Import Bank of the United States is a provide needed support—financial and Senate is now considering H.R. 3540, major contributor to my State’s efforts consultative—to U.S. exporters. the Foreign Operations and Export Fi- to compete and succeed in inter- Ms. MIKULSKI. Mr. President, I wish nancing appropriations bill for Fiscal national trade. Few recognize the bene- to engage the distinguished ranking Year 1997. fits of this small appropriation to the member of the Foreign Operations Ap- The final bill provides $12.2 billion in Export-Import Bank, many work and propriations Subcommittee, Senator budget authority and $5.2 billion in prosper due to this agencies important LEAHY in a colloquy regarding the use new outlays to operate the programs of work. of Agency for International Develop- the Department of State, export and Ex-Im is the lender of last resort; ment funds designated for Assistance military assistance, bilateral and mul- meaning the bank finances only deals for Eastern Europe and the Baltics. tilateral economic assistance, and re- that will not go through without as- This legislation provides funds for lated agencies for Fiscal Year 1997. sistance. The bank supports U.S. ex- Assistance for Eastern Europe and the When outlays from prior year budget porters when foreign governments offer Baltics. One of the more successful pro- authority and other completed actions subsidized financing to competitors, grams we have established in the re- are taken into account, the bill totals when private financing is unavailable gion are the joint research programs $12.3 billion in budget authority and or when small businesses are unable to we have with Poland, the Czech Repub- $13.4 billion in outlays for Fiscal Year locate commercial banks willing to lic, Hungary, and Slovakia. In addition 1997. provide financing. Importantly, the Ex- to funding high-quality, competitively Although the subcommittee is over Im bank is a vital tool for small busi- awarded joint research grants, these its section 602(B) allocation for out- nesses seeking to export. Support for programs strengthen ties between our lays, with enactment of section 579, the small businesses represented almost 80 countries, and expose foreign research- bill will be $76 million in budget au- percent of all Export-Import Bank ers to the American research system. thority and $7 million in outlays under transactions during fiscal year 1995. This program also enables American the subcommittee’s 602(B) allocation. I do have several reservations about researchers to form partnerships with I commend the committee for sup- the language in the bill which address- Eastern European researchers. Projects porting full funding for the North July 25, 1996 CONGRESSIONAL RECORD — SENATE S8863 American Development Bank in the ments support 70 percent of the cen- preserving international security, sav- bill. ter’s costs and that they have pledged ing American soldiers from having to Mr. President, I ask unanimous con- 100 percent support by 1997. For purely go into battle—which would truly cost sent that a table displaying the budget budgetary reasons—$2.5 million in any us a lot of money—than this $25 mil- committee scoring of this bill be print- bill is not insignificant—I hope they lion. I know that the administration ed in the RECORD. will follow through on their pledges. I right up to the President feels that I urge the adoption of the bill. will be following the program carefully very, very strongly. There being no objection, the table to see that this is the case. I believe that we have achieved two was ordered to be printed in the Unlike the bill, the committee report very significant accomplishments with RECORD, as follows: contains several comments on the ad- the addition of the Murkowski-McCain visability of funding particular pro- second-degree amendment. This is all FOREIGN OPERATIONS SUBCOMMITTEE SPENDING about keeping promises. The Agreed TOTALS—SENATE-REPORTED BILL grams that cause me some concern and would appear to have specific members’ Framework of October 1994 was a very [Fiscal year 1997, in millions of dollars] interest at heart. significant agreement between the United States, South Korea, Japan, Budget Outlays First, the report ‘‘directs’’ AID to authority make at least $2 million available for and North Korea, the Democratic Peo- Nondefense discretionary: the core grant of the International Fer- ples’ Republic of Korea. Outlays from prior-year BA and other actions We are saying, by overriding the completed ...... 72 8,253 tilizer Development Center based in H.R. 3540, as reported to the Senate ...... 12,174 5,123 Alabama. committee’s recommendation to cut Scorekeeping adjustment ...... Second, it ‘‘strongly encourages’’ the funding down to $13 million, that Subtotal nondefense discretionary ...... 12,246 13,376 support for programs conducted by the we promise $25 million a year to fund Mandatory: this agreement. The Congress says we Outlays from prior-year BA and other actions University of Hawaii in Pacific re- completed ...... gional development. It ‘‘strongly sup- are going to keep that agreement. We H.R. 3540, as reported to the Senate ...... 44 44 are going to fund up to the $25 million. Adjustment to conform mandatory programs ports’’ the university’s efforts to de- with Budget Resolution assumptions ...... velop a United States-Russian partner- But we expect the North Koreans to keep their end of the bargain as well. Subtotal mandatory ...... 44 44 ship to educate young voters. and it ‘‘encourages’’ AID to collaborate with We are counting on the administration Adjusted Bill Total ...... 12,290 13,420 to effectively monitor the agreement Senate Subcommittee 602(b) allocation: the university in health and human Defense discretionary ...... services training. and report to Congress if there is any Nondefense discretionary ...... 12,250 13,311 indication that the North Koreans are Violent crime reduction trust fund ...... Third, it ‘‘supports’’ $750,000 for Flor- Mandatory ...... 44 44 ida International University’s Latin not keeping their end of the bargain. So far, I say, so good. I think the sec- Total allocation ...... 12,294 13,355 American Journalism Program. Fourth, it ‘‘urges’’ AID to support ond-degree amendment greatly im- Adjusted bill total compared to Senate Sub- the research activity on pests of Mon- proves my underlying amendment. I committee 602(b) allocation: am grateful, again, to my two col- Defense discretionary ...... tana State University. Nondefense discretionary ...... ¥4 65 Fifth, it ‘‘encourages’’ AID to sup- leagues, Senators MURKOWSKI and Violent crime reduction trust fund ...... MCCAIN, for the way in which we have Mandatory ...... port the education program of the Uni- gone at this. versity of Northern Iowa in Slovakia. Total allocation ...... ¥4 65 I thank the Chair, and I yield the Last, it ‘‘urges’’ the International Note: Details may not add to totals due to rounding. Totals adjusted for floor. consistency with current scorekeeping conventions. Fund for Ireland to support the work of Montana State University, Virginia f Mr. MCCAIN. The foreign operations Commonwealth, and Portland State. MORNING BUSINESS appropriations bill is generally a bill Again, all of these matters are listed that does not have a problem with ear- Mr. MURKOWSKI. Mr. President, I in the report, not the bill, and I would marks designed to benefit the States of ask unanimous consent that there now individual members. This is the case remind the agencies concerned that be a period for morning business. again this year. Having said this, I do they are under no legal obligation to The PRESIDING OFFICER. Without have some concerns about the bill and spend the funds as directed. objection, it is so ordered. report in this regard and would like to Mr. MURKOWSKI. Mr. President, it f briefly outline them. is my understanding the rollcall vote will be tomorrow on the Lieberman GAO REPORT ON MOTOR FUELS: There is a specific appropriation for ISSUES RELATED TO REFORMU- $2.5 million in the bill for the Amer- amendment. The PRESIDING OFFICER. The Sen- LATED GASOLINE, OXYGENATED ican-Russian Center to provide busi- FUELS, AND BIOFUELS ness training and technical assistance ator’s understanding is correct. to the Russian Far East. I have no rea- Mr. MURKOWSKI. Outside of the Mr. DASCHLE. Mr. President, a re- son to doubt the utility of this pro- windup, which I understand I have been port released last week by the General gram. It may offer valuable assistance entrusted with, I have no further com- Accounting Office [GAO] concludes to the NIS, and I have long been a sup- ments. that the reformulated gasoline [RFG] porter of such assistance. However, if, Mr. LIEBERMAN addressed the program is a cost-effective means of re- as I am informed, AID would have Chair. ducing ozone pollution and easing our spent roughly the same amount of The PRESIDING OFFICER. The Sen- Nation’s vulnerability to oil supply dis- funds on this program without the ear- ator from Connecticut. ruptions and related price shocks. Con- mark, it is not clear to me why it re- Mr. LIEBERMAN. Mr. President, gress ought to pay close attention to quired an earmark. Why cannot AID briefly, let me thank my friend and the conclusions of this study as it simply fund the program out of a larg- colleague from Alaska for his excellent seeks to wean the nation off imported er account, as it apparently has in the statement and, of course, for the spirit petroleum and further improve air past? of partnership with which we have gone quality throughout the Nation. I accept AID’s support of the pro- forward on this. This independent analysis confirms gram and I do not object to the provi- If I read this right, the foreign oper- that the reformulated gasoline pro- sion. But as with any appropriations ations bill that is before us would ap- gram is good for the economy and good bill, a specific request for funding, propriate over $12,217,000,000. This for the environment. RFG, which re- which AID did not make in this case, is amendment concerns $25 million of duces emissions of volatile organic very helpful in evaluating the need for that—a speck. For anybody individ- compounds and toxic air pollutants by it when it appears in the bill as an ear- ually, $25 million is a lot of money. As 15 percent, displaces significant mark. The cause of a useful program is part of this bill, it is a very, very small amounts of petroleum, much of which only helpful by AID listing such things percentage. is imported. Given the gasoline price as priorities. I can tell you personally, I don’t be- shocks that this country recently expe- There are assurances in the report lieve that there is any part of this bill rienced and the petroleum displace- that Russian industries and govern- that is a better investment, in terms of ment goals established by Congress in S8864 CONGRESSIONAL RECORD — SENATE July 25, 1996 the 1992 Energy Policy Act, it is time ago, in 1972, when the television net- Mexico since the 1994 uprising of the to consider nationwide use of RFG. works reported that I had been elected ‘‘Zapatista National Liberation Army’’ According to the GAO report, the po- as a U.S. Senator from North Carolina. in Chiapas. In states like Tabasco, tential for RFG with oxygenates to dis- I remember well the exact time that Puebla, and San Luis Potosi, indige- place petroleum consumption is signifi- the announcement was made and how nous people are increasingly staging cant. GAO expects that by the year 2000 stunned I was. protests, and resorting to violence, to about 305,000 barrels per day of petro- It had never really occurred to me expose the inequity and racism of leum will be displaced by oxygenates. that I would be the first Republican in which they have been victims for gen- This amounts to about 37 percent of history to be elected by the people of erations. the 10 percent petroleum displacement North Carolina to the U.S. Senate. Unfortunately, while the Mexican goal established by Congress in the 1992 When I got over my astonishment, I Government has reportedly tripled its Energy Policy Act. thought about a lot of things. And I assistance to Chiapas in the 2 years GAO noted in its report that if all made some commitments to myself one since the Zapatista uprising, those ef- gasoline in the country were reformu- of which was that I would never fail to forts have produced little in the way of lated, the Nation could displace 762,000 see a young person, or a group of young real economic and social change. The barrels of petroleum per day by 2000, people, who wanted to see me. disparities that exist between Chiapas and thus meet nearly all of the 10 per- I have kept that commitment and it and the rest of Mexico are still as ap- cent petroleum displacement goal. has proved enormously meaningful to palling as they were 2 years ago. While Moreover, despite predictions by the me because I have been inspired by the President Zedillo has recognized that oil industry that RFG would cost con- estimated 66,000 young people with poverty and the lack of access to jus- sumers over 13 cents per gallon more whom I have visited during the 23 years tice among indigenous populations are than conventional gasoline, GAO found I have been in the Senate. matters which must be addressed, his that the actual cost to consumers has A large percentage of them are great- administration has taken few effective been negligible. ly concerned about the total Federal steps to do so. The environmental potential of an debt which back in February exceeded Chiapas is one of Mexico’s richest expanded RFG program is extraor- $5 trillion for the first time in history. states, contributing oil, electric en- dinary. In the future, RFG will be even Congress created this monstrous debt ergy, cattle, coffee, cocoa, sugar, and cleaner. In the year 2000, the Environ- which coming generations will have to various fruits and vegetables to domes- mental Protection Agency will imple- pay. tic and international markets. Yet the Mr. President, the young people who ment RFG Phase II, which will require majority of the people there lack ade- visit with me almost always like to further reductions in emissions of vola- quate food and shelter, or access to discuss the fact that under the U.S. tile organic compounds and toxic pol- education and basic medical care. Constitution, no President can spend a Where the government built roads in lutants, as well as reductions of ni- dime of Federal money that has not Chiapas, the roads were often of poor trous oxides. first been authorized and appropriated Expanding RFG nationwide will quality. Health clinics lack beds and by both the House and Senate of the bring these clean air benefits to new experienced doctors. Schools lack ma- United States. terials and trained teachers. The un- areas of the country. Moreover, since That is why I began making these even distribution of wealth and the un- air pollution is transported over vast daily reports to the Senate on Feb- just distribution of land are at the root distances, adopting a nationwide RFG ruary 25, 1992. I decided that it was im- of the civil unrest that has captured program will help further reduce pollu- portant that a daily record be made of the world’s attention. tion in areas already using RFG to the precise size of the Federal debt Over 50 percent of Mexico’s hydro- lower ozone levels. which, at the close of business yester- electric power is generated in Chiapas, A nationwide program would achieve day, Wednesday, July 24, stood at yet less than one-third of all houses these air quality benefits at low cost. $5,173,226,283,802.71. On a per capita there have electricity. GAO concluded that Phase II RFG will basis, the existing Federal debt Coffee producers, with the help of be one of the most cost-effective meas- amounts to $19,494.49 for every man, over 80,000 Chiapanecos, almost all of ures available to control low-level woman, and child in America on a per whom are Mayan Indians, produce 35 ozone pollution. With the additional capita basis. percent of Mexico’s coffee each year. petroleum displacement benefits asso- The increase in the national debt in While over 50 percent of the coffee is ciated with nationwide use of RFG, the 24 hours since my report yesterday exported to markets in the United there seems to be no reason why we shows an increase of more than one bil- States and Europe for over three times should not move in that direction. lion dollars ($1,562,134,965.80, to be it’s value in Chiapas, indigenous labor- Finally, the GAO report dem- exact). That one-day Federal debt in- ers, paid as little as $2 per day, rarely onstrates that continuing research into crease involves enough money to pay see any of that profit. ethanol, an oxygenate used in RFG, is the college tuitions for 231,633 students Cattle has become an increasingly critical. GAO confirmed that substan- for 4 years. profitable industry, but while nearly 3 tial progress has been made in reducing f million head are exported each year, the cost to produce ethanol. Since 1980, few of the people in indigenous commu- the cost to produce corn-based ethanol CHIAPAS—A TEST FOR MEXICO’S nities can afford to buy meat. There has dropped from $2.50 per gallon to FUTURE are reports that half of Chiapanecos about $1.34 per gallon. I hope that my Mr. LEAHY. Mr. President, 3 weeks are malnourished, and in the highlands colleagues in Congress will review the ago, a group of armed rebels in the and jungle areas the percentage is even findings of the General Accounting Of- state of Guerrero, Mexico marched higher. fice and continue to support the re- down from the mountains and into the Half of the homes in Chiapas do not search and incentives that have proven city of Coyuca de Benitez, not far from have potable water and two-thirds lack so successful in lowering the cost of the resort town of Acapulco. Then, last sewage systems. There is one doctor for ethanol production and encouraging week, several armed men attacked a every 2,000 people. Chiapas has the the development of a strong domestic Mexican army vehicle, killing one ci- highest number of deaths per 100,000 industry. As GAO has shown, these in- vilian in the crossfire. They were ar- people than any other state in Mexico. vestments provide important dividends rested, and the Mexican army is scour- Infant mortality, is close to double the in terms of cleaner air and greater en- ing Guerrero’s countryside looking for national average. ergy independence for the United other members of the insurgent group, The illiteracy rate is five times the States. known as the ‘‘Popular Revolutionary national average, and the percentage of f Army,’’ in an attempt to prevent fu- students not attending school is more ture outbreaks of violence in the re- than three times the national average. THE VERY BAD DEBT BOXSCORE gion. The situation in Chiapas stems in Mr. HELMS. Mr. President, I think These are just the most recent of sev- part from a government that has delib- so often of that November evening long eral demonstrations of civil unrest in erately excluded the indigenous people July 25, 1996 CONGRESSIONAL RECORD — SENATE S8865 of Mexico from the political process. taking unprecedented measures to mural John’s family and many area While the Zapatista uprising may have stem the flow of illegal immigrants residents worked on. One year later given them a voice in the national and from Mexico who risk arrest and even Secretary Cisneros walked down a very international press, they still lack a death in search of a better life in the different Archibald Street in a very dif- real voice in their own government. north. There is no escaping the fact ferent neighborhood and pronounced that events in Mexico, even in seem- Burlington’s ‘‘New’’ North End the Politics in Chiapas has been domi- most advanced Enterprise Community nated by corrupt local and state offi- ingly distant states like Chiapas, have he had visited. cials influenced by the Civil Defense enormous implications for our own In December of 1994 when I was hon- Committee. The Committee is com- country. ored to announce that the Old North prised of the few families that own vir- So we must encourage the Mexican End in Burlington had been selected as tually all that is worth owning in the Government, and representatives of an ‘‘Enterprise Community’’, John state. Human rights groups including Mexico’s private sector, to address Davis was quick to attribute that suc- Amnesty International and Americas’ these problems with the utmost ur- cess to the people of the Old North End Watch have documented accounts of gency. Benito Juarez, Emiliano Zapata, saying ‘‘The reason we won was not be- cause of the problems. . . We won be- torture and political violence by and Mexico’s other great political vi- sionaries and revolutionaries, gave cause of our assets.’’ Well, John was Chiapas authorities since the mid– most definitely one of those assets, as 1980’s. their people hope for a better life. But for many, that hope has faded, and for was the community enthusiasm, coop- The majority of the adult population erative spirit, and sense of hope he in Chiapas is illiterate. Peasants there some, who have resorted to violence, it helped to bring out in a part of the city have reported that they don’t vote, but has died. They have nothing left to that many had written off. That re- the ruling PRI party picks up their lose. newed spirit has continued to grow and With Mexico’s population continuing voting cards and votes for them. In the will sustain the renewal of the New to grow, putting increasing pressure on 1988 elections which former President North End when John has moved on. government services and the country’s Salinas won by a narrow margin, no I wish John the best of luck in what- resources, the situation in places like ever challenge he takes on next. I know state gave the PRI a greater percent- Chiapas has reached a crisis point. But his wife Bonnie Acker and his daughter age of the vote than Chiapas. with creative thinking and the recogni- Dia are looking forward to seeing more What Chiapas needs is increased de- tion that those who have prospered of him in the weeks ahead, but he will mocratization of the Mexican political have a responsibility to help those who certainly be missed by those of us (and system, and greater representation for there are many) who have been lucky have been left out, Mexico’s business indigenous people. Until that occurs, enough to work with John during his 10 elite has an opportunity to play a key political instability will discourage the years of service to the city and people role in finally turning the goals of the investment that is necessary to provide of Burlington, VT. Mexico revolution into a reality. f jobs for the people there. f The United States loaned Mexico bil- ADDITIONAL COSPONSOR—H.R. 3603 lions of dollars during the economic TRIBUTE TO JOHN DAVIS AND HIS Mr. LEAHY. Mr. President, I ask crisis of 1994. That decision was con- MANY CONTRIBUTIONS TO THE unanimous consent to be added as a co- troversial in the United States, and CITY OF BURLINGTON sponsor to amendment No. 4974 to H.R. had it been put to a vote in the Con- Mr. LEAHY. Mr. President, in every 3603, the fiscal year 1997 agriculture ap- community there is someone who has propriations bill. gress it might have been defeated. If changed the direction of events, who the Mexican Government does not act The PRESIDING OFFICER. Without has shaped the future of its residents. objection, it is so ordered. aggressively to strengthen the institu- Burlington, VT has John Davis. This f tions of democracy and reform its month John is saying goodbye to the economy, political and economic insta- City of Burlington’s Community and MESSAGES FROM THE HOUSE bility will increase. If the peso col- Economic Development Office CEDO At 10:25 a.m., a message from the lapses again, would the United States where he has spent the last 10 years House of Representatives, delivered by bail out Mexico a second time? I would making Burlington a better place to Ms. Goetz, one of its reading clerks, an- live and work. As Housing Director for nounced that the House has passed the not want to bet my house on it. most of that period John has worked to following bill, in which it requests the While the Mexican Government needs make affordable housing a reality for concurrence of the Senate: to do more to provide the people of countless low and moderate income H.R. 3814. An act making appropriations Chiapas with basic services like pota- people living in Vermont’s most expen- for the Departments of Commerce, Justice, ble water and roads that are passable sive housing market. Since 1994 John and State, the Judiciary, and related agen- in the rainy season, what they need has also been the driving force behind cies for the fiscal year ending September 30, most, and what will ultimately bring the effort to revitalize Burlington’s Old 1997, and for other purposes. about the kind of fundamental changes North End through its designation as The message also announced that the Vermont’s only Enterprise Commu- House disagrees to the amendment of that are needed in order to avoid fur- nity. ther violence and instability, is eco- the Senate to the bill (H.R. 3005) to When President Clinton first an- amend the Federal securities laws in nomic investment and a meaningful nounced the Empowerment Zone and order to promote efficiency and capital say in the political process. Enterprise Community Initiative, John formation in the financial markets, Despite widespread poverty in states was quick to see the opportunity to and to amend the Investment Company like Chiapas, the Mexican elite have turn around the decline of Burlington’s Act of 1940 to promote more efficient prospered, from Mexico’s enormous oil Old North End. There was no shortage management of mutual funds, protect wealth and the growth in manufactur- of roadblocks on that long road to win- investors, and provide more effective ing during the past two decades. The ning the designation of Enterprise and less burdensome regulation, and beneficiaries of this wealth need to rec- Community. I think that only John’s agrees to the conference asked by the unique mix of grass-roots organizing Senate on the disagreeing votes of the ognize that the future stability and skills, MIT professor’s intelligence, and two Houses thereon; and appoints Mr. prosperity of their country depends on every day Vermonter common sense BLILEY, Mr. FIELDS of Texas, Mr. them. Not the United States. Not any- could have brought together all of the OXLEY, Mr. TAUZIN, Mr. SCHAEFER, Mr. one else. They alone can provide the fi- disparate groups involved to develop a DEAL of Georgia, Mr. FRISA, Mr. WHITE, nancial investment and jobs that are plan for building a ‘‘New’’ North End Mr. DINGELL, Mr. MARKEY, Mr. BOU- needed to overcome the desperation where the ‘‘Old″ one stood before. CHER, Mr. GORDON, Ms. FURSE, and Mr. and inequities that have led to violence There was little doubt in my mind KLINK as the managers of the con- in places like Chiapas and Guerrero. that the project, under John’s leader- ference on the part of the House. Mr. President, in addition to our geo- ship, would succeed when I walked with The message further announced that HUD Secretary Cisneros down Archi- graphical linkage, the United States the House disagrees to the amendments bald Street in the fall of 1994. Already of the Senate to the bill (H.R. 3734) to and Mexico are closely linked both eco- there were signs of the changes to provide for reconciliation pursuant to nomically and culturally. There is a come, in particular the block long section 201(a)(1) of the concurrent reso- large population of Mexican-Americans mural depicting neighborhood resi- lution on the budget for fiscal year living in the United States, and we are dents supporting the initiative, a 1997, and agrees to the conference S8866 CONGRESSIONAL RECORD — SENATE July 25, 1996 asked by the Senate on the disagreeing INTRODUCTION OF BILLS AND drinking water problems. In one of the votes of the two Houses thereon; and JOINT RESOLUTIONS communities, the sulfate levels in the appoints Mr. KASICH, Mr. ARCHER, Mr. The following bills and joint resolu- water are four times the standard for GOODLING, Mr. ROBERTS, Mr. BLILEY, safe drinking water. In four of the com- Mr. SHAW, Mr. TALENT, Mr. NUSSLE, tions were introduced, read the first munities the iron levels are five times Mr. HUTCHINSON, Mr. MCCRERY, Mr. and second time by unanimous con- BILIRAKIS, Mr. SMITH of Texas, Mrs. sent, and referred as indicated: the standard. Sadly, some families JOHNSON of Connecticut, Mr. CAMP, Mr. By Mr. BURNS (for himself and Mr. were forced to abandon their homes as FRANKS, of Connecticut, Mr. BAUCUS): a result of substandard water quality. CUNNINGHAM, Mr. CASTLE, Mr. S. 1989. A bill to authorize the construction Basically, the present water supply GOODLATTE, Mr. SABO, Mr. GIBBONS, and operation of the Fort Peck Reservation system is inadequate and unreliable to Mr. CONYERS, Mr. DE LA GARZA, Mr. Rural Water System in the State of Mon- supply a safe water supply to those CLAY, Mr. FORD, Mr. MILLER of Califor- tana, and for other purposes; to the Commit- people that live on the reservation. nia, Mr. WAXMAN, Mr. STENHOLM, Mrs. tee on Energy and Natural Resources. Several of the local water systems KENNELLY, Mr. LEVIN, Mr. TANNER, Mr. By Mr. BROWN: BECERRA, Mrs. THURMAN, and Ms. S. 1990. A bill to reauthorize appropriations have had occurrences of biological con- WOOLSEY as the managers of the con- for the Civil Rights Commission Act of 1983, tamination in recent years. As a result, ference on the part of the House. and for other purposes; to the Committee on the Indian Health Service has been The message also announced that the Judiciary. forced to issue several health alerts for pursuant to the provisions of section By Mr. BIDEN (by request): drinking water. In many cases, resi- 6968(a) of title 10, United States Code, S. 1991. A bill entitled the ‘‘Anti-Gang and dents of reservation communities are Youth Violence Control Act of 1996’’; to the the Speaker appoints Mr. Hale of Penn- forced to purchase bottled water. Not a sylvania as a member of the Board of Committee on the Judiciary. Visitors to the U.S. Naval Academy to By Mrs. FEINSTEIN: big deal to those who can afford it, but fill the existing vacancy thereon. S. 1992. A bill to recognize the significance difficult to a population that has the of the AIDS Memorial Grove, located in unemployment rate found on the res- ENROLLED BILL SIGNED Golden Gate Park in San Francisco, Califor- ervation. All this, despite the fact that At 4:09 p.m., a message from the nia, and to direct the Secretary of the Inte- House of Representatives, delivered by within spitting distance is one of the rior to designate the AIDS Memorial Grove largest man-made reservoirs in the Mr. Hays, one of its reading clerks, an- as a national memorial; to the Committee on nounced that the Speaker has signed Energy and Natural Resources. United States, built on the Missouri the following enrolled bill: f River. H.R. 2337. An act to amend the Internal Agriculture continues to maintain Revenue Code of 1986 to provide for increased STATEMENTS ON INTRODUCED the No. 1 position in terms of economic taxpayer protections. BILLS AND JOINT RESOLUTIONS impact in Montana. In a rural area like At 6:05 p.m., a message from the By Mr. BURNS (for himself and the Fort Peck Reservation agriculture House of Representatives, delivered by Mr. BAUCUS): plays the key role in the economy, Mr. Hays, one of its reading clerks, an- S. 1989. A bill to authorize the con- more so than in many areas of the nounced that the Speaker has signed struction and operation of the Fort State. The water system authorized by the following enrolled bills: Peck Reservation rural water system the legislation will not only provide a H.R. 1627. An act to amend the Federal In- in the State of Montana, and for other good source of drinking water, but also secticide, Fungicide, and Rodenticide Act purposes; to the Committee on Energy a water supply necessary to protect and the Federal Food, Drug, and Cosmetic Act, and for other purposes. and Natural Resources. and preserve the livestock operations H.R. 3235. An act to amend the Ethics in FORT PECK RESERVATION RURAL WATER on the reservation. A major constraint Government Act of 1978, to extend the au- SYSTEM ACT OF 1996 on the growth of the livestock industry thorization of appropriations for the Office ∑ Mr. BURNS. Madam President, around Fort Peck has been the lack of of Government Ethics for 3 years, and for other purposes. today, I introduce a bill that will en- adequate watering sites for cattle. This sure the Assiniboine and Sioux people water supply system would provide the The message also announced that the necessary water taps to fill watering House agree to the amendment of the of the Fort Peck Reservation in Mon- Senate to the bill (H.R. 1114) to author- tana a safe and reliable water supply tanks for livestock, which in normal ize minors who are under the child system. The Fort Peck Reservation is times would boost the local economy of labor provisions of the Fair Labor located in northeastern Montana. It is the region and the State. An additional Standards Act of 1938 and who are one of the largest reservations in the benefit of this system would be more under 18 years of age to load materials United States, and has a population of effective use of water for both water into balers and compacters that meet more than 10,000. The Fort Peck Res- and soil conservation and rangeland appropriate American National Stand- ervation faces problems similar to all management. ards Institute design safety standards. reservations in the country, that of re- The future water needs of the res- f mote rural areas. This reservation also ervation are expanding. Data show that MEASURES REFERRED suffers from a very high unemployment the reservation population is growing, The following bill was read the first rate, 75 percent. Added to all this, the as many tribal members are returning and second times by unanimous con- populations on the reservation suffer to the reservation. It is clear that the sent and referred as indicated: from high incident of heart disease, people that live on the reservation, H.R. 3814. An act making appropriations high blood pressure, and diabetes. A both tribal and nontribal members, are for the Departments of Commerce, Justice, safe and reliable source of water is in desperate need of a safe and reliable and State, the Judiciary, and related agen- cies for the fiscal year ending September 30, needed to both improve the health sta- source of drinking water. 1997, and for other purposes; to the Commit- tus of the residents and to encourage The solution to this need for an ade- tee on Appropriations. economic development and thereby quate and safe water supply is a res- f self-sufficiency for this area. ervation-wide water pipeline that will EXECUTIVE REPORTS OF This legislation would authorize a deliver a safe and reliable source of COMMITTEES reservation-wide municipal, rural and water to the residents. In addition this The following executive reports of industrial water system for the Fort water project will be constructed in committees were submitted: Peck Reservation. It would provide a size to allow communities off the res- By Mr. STEVENS, from the Committee on much needed boost to the future of the ervation the future ability to tap into Government Affairs: region and for economic development, the system. A similar system for water Franklin D. Raines, of the District of Co- and ultimately economic self-suffi- distribution is currently in use on a lumbia, to be Director of the Office of Man- agement and Budget. ciency for the entire area. My bill has reservation in South Dakota. the support of the residents of the res- The people of the Fort Peck Reserva- (The above nomination was reported with the recommendation that he be ervation and the endorsement of the tion the State of Montana are only confirmed, subject to the nominee’s Tribal Council of the Assiniboine and asking for one basic life necessity. commitment to respond to requests to Sioux Tribes. Good, clean, safe drinking water. This appear and testify before any duly con- The residents of the Fort Peck Res- is something that the more developed stituted committee of the Senate.) ervation are now plagued with major regions of the Nation take for granted, July 25, 1996 CONGRESSIONAL RECORD — SENATE S8867 but in rural America we still seek to tion, increasing the range of sanctions children who can still be deterred from develop. available to the courts in sentencing a becoming life-long criminals if we pro- I realize that this bill will be as- juvenile, increasing the length of time vide juvenile courts with the appro- signed a number and will not go much a juvenile can be incarcerated, and in- priate prevention and intervention re- further than being referred to a com- creasing the access courts have to a ju- sources at this critical stage. mittee. However, this issue needs to be venile offender’s prior record. Today, in most States, a juvenile can placed upon the radar screens of Con- In my view, these provisions take an commit multiple, nonviolent offenses gress, so that in the coming years we important first step toward beginning before they get any real attention from can get this accomplished for the Fort a needed dialog about a problem that is the juvenile justice system. This must Peck Reservation and the people of the complicated and must be addressed change. We must help these 95 percent State of Montana.∑ over the long term. I hope that we can of juvenile offenders at the time of build on what the President has pro- their first misbehavior and keep them By Mr. BIDEN (by request): posed, because we face a three-tiered from becoming repeat or serious of- S. 1991. A bill entitled the ‘‘Anti- challenge in reforming the juvenile jus- fenders. This means giving juvenile Gang and Youth Violence Control Act tice system. court judges the ability to impose a of 1996’’; to the Committee on the Judi- As juvenile violence grows, both in range of graduated sanctions designed ciary. rate and intensity, it is, of course, im- to prevent additional criminal behav- THE ANTI-GANG AND YOUTH VIOLENCE CONTROL portant to reform the juvenile justice ior. ACT OF 1996 system to address the most violent Finally, we must realize that most Mr. BIDEN. Mr. President, I rise to young criminals. The current system children are not delinquent—94 percent introduce the Anti-Gang and Youth Vi- was never designed to handle either the of children in 1994 did not come before olence Control Act of 1996. This is the number of juveniles or the level of vio- a judge—but these children are in dan- President’s juvenile justice bill, and I lence being perpetrated by a small ger of becoming delinquent due to the am introducing it at his request. number of juveniles. The President’s risk factors many of them face. Over the last several years, a consen- bill focuses on this aspect of juvenile Any truly comprehensive juvenile sus has been building in our Nation, justice reform. justice plan must address not only and we are now in the unusual position Just as critical—if not more so—if we those children already in the system, of having the public and the experts in are to effectively end the rise of juve- but it must also focus on those chil- agreement that juvenile crime and vio- nile crime rates is to focus on where dren who may enter the system if their lence is the most pressing problem fac- this new breed of criminals is coming needs are not addressed. ing America. from and work to prevent future in- This task may sound like an impos- Moreover, we now have the statistics creases like the ones we have seen over sible task, but it is not. We know what to back up the consensus: This past the past decade. works and we can implement it. For February, the U.S. Department of Jus- Allow me to put some of the afore- example, we know that nearly 50 per- tice released an update to its first na- mentioned statistics in context. cent of all youth crime occurs during tional report on juvenile offenders and First, even with the increases in ju- the hours after-school and before din- victims. venile crime and violence, juveniles ac- nertime, as these are the hours that 80 The numbers in this report, as well counted for just 14 percent of all vio- percent of America’s children during as those in the FBI’s most recent uni- lent crimes and 25 percent of all prop- these hours return to homes where no form crime report, demonstrate what erty crimes in 1994. adults are present to provide super- many have been warning of for the last Second, a small proportion of all vision. several years—we are facing a dev- children commit most of the violent By providing ‘‘safe-havens’’ such as astating rise in juvenile violence and juvenile crimes—less than one-half of 1 boys and girls clubs and police athletic crime. percent of all juveniles were arrested leagues where children can go after Between 1988 and 1994 the juvenile for a violent crime, and approximately school, we can remove children from violent crime arrest rate has increased 7 percent of youth who commit crime the streets and keep them out of trou- by more than 50 percent. are violent offenders. ble. In 1994, there were more than 125,000 This last number is both heartening In addition, we know that most juve- juvenile arrests for violent crime of- and frightening. On the one hand, it in- nile offenders target other juveniles as fenses and another 131,000 juvenile ar- dicates that there is a small target their victims. By providing safe, super- rests for drug abuse violations. population which demands our imme- vised activities for children, we also A total of more than 2.2 million juve- diate attention, and that targeting this achieve the goal of ‘‘target-harden- niles were arrested for crimes in 1994. population could have significant re- ing’’—that is, we can reduce juvenile Between 1993 and 1994, while adult ar- sults in lowering juvenile crime rates. crime by removing potential victims rest rates remained virtually stable, As I noted, the President’s bill address- from offender’s paths. the total number of juvenile arrests in- es this need to crack down on this Mr. President, as I have stated, al- creased 11 percent. group. though I generally support the efforts Over this same period, the number of On the other hand, the President’s and initiatives of the President’s Anti- juvenile arrests for violent crime in- bill does not address the very real need gang and Youth Violence Control Act, creased 6.5 percent. to address the 95 percent of kids who it can only be one component of an Most frightening, the Justice Depart- are not yet committing serious crimes, overall juvenile justice initiative if it ment study also forecast that, even if but are on the crime path and will be- is to be successful. The President’s bill the overall crime rate stops growing, come part of this 5 percent if left un- does contain some important initia- the rising number of juveniles will checked. tives to deal with the most violent nonetheless produce a 22-percent rise in In other words, we must do more to youth offenders. Among others, these violent crime arrests. identify those offenders who will end provisions—which incorporate propos- And, should the violent crime rate up a part of that dangerous 5 percent als made by me and other Members of continue to grow as it has between 1983 and turn them around before they are Congress, include programs to initiate and 1992, the number of juveniles ar- too far down the road to violence. drug and gun courts in the juvenile rested for violent crimes will double by Focusing attention only on the vio- system, to increase penalties for engag- the year 2010 to more than 260,000 ar- lent 5 percent misses the essential ing children in drug trafficking, and for rests. point that most kids in the juvenile increasing controls on dangerous drugs The President’s Anti-Gang and Youth justice system—95 percent of all juve- such as Rohypnol and methamphet- Violence Control Act includes impor- niles arrested—are not violent. They amine which are becoming increasingly tant provisions to address these in- are also often first-time offenders. popular among youth. creases in chronic, violent offenders, These are the juveniles the system was I commend the President on his ef- including transferring the most serious originally designed to handle, and forts, and I urge the President and my offenders to adult court for prosecu- rightfully so, because these are the colleagues to continue to address the S8868 CONGRESSIONAL RECORD — SENATE July 25, 1996 issues of juvenile justice by working (1) dedicated to individuals who have died [Mr. BREAUX] was added as a cosponsor with me to develop a comprehensive as a result of acquired immune deficiency of S. 1957, a bill to amend chapter 59 of youth violence control and delinquency syndrome; and title 49, United States Code, relating to (2) in support of individuals who are living prevention plan. with acquired immune deficiency syndrome intermodal safe container transpor- and their loved ones and caregivers. tation. By Mrs. FEINSTEIN: (b) DESIGNATION AS NATIONAL MEMORIAL.— S. 1987 S. 1992. A bill to recognize the signifi- Not later than 90 days after the date of en- At the request of Mr. FAIRCLOTH, the cance of the AIDS Memorial Grove, lo- actment of this Act, the Secretary of the In- name of the Senator from North Caro- cated in Golden Gate Park in San terior shall designate the AIDS Memorial lina [Mr. HELMS] was added as a co- Francisco, California, and to direct the Grove as a national memorial. sponsor of S. 1987, a bill to amend titles Secretary of the Interior to designate f II and XVIII of the Social Security Act the AIDS Memorial Grove as a national ADDITIONAL COSPONSORS to prohibit the use of Social Security memorial; to the Committee on Energy and Medicare trust funds for certain and Natural Resources. S. 684 At the request of Mr. HATFIELD, the expenditures relating to union rep- THE AIDS MEMORIAL GROVE ACT OF 1996 name of the Senator from Michigan resentatives at the Social Security Ad- Mrs. FEINSTEIN. Mr. President, [Mr. LEVIN] was added as a cosponsor of ministration and the Department of today I am introducing the AIDS Me- S. 684, a bill to amend the Public Health and Human Services. morial Grove Act of 1966. Health Service Act to provide for pro- AMENDMENT NO. 4974 This bill is identical to H.R. 3193 grams of research regarding Parkin- At the request of Mr. LEAHY his name sponsored by Congresswoman PELOSI in son’s disease, and for other purposes. the House. was added as a cosponsor of amend- S. 1646 The legislation recognizes the signifi- ment No. 4974 proposed to H.R. 3603, a At the request of Mr. DOMENICI, the bill making appropriations for Agri- cance of the 15-acre AIDS Memorial name of the Senator from Kansas [Mrs. Grove in Golden Gate Park in San culture, Rural Development, Food and FRAHM] was added as a cosponsor of S. Drug Administration, and related agen- Francisco and directs the Secretary of 1646, a bill to authorize and facilitate a Interior to designate the AIDS Memo- cies programs for the fiscal year ending program to enhance safety, training, September 30, 1997, and for other pur- rial Grove as a national memorial. research and development, and safety The AIDS Memorial Grove is a place poses. education in the propane gas industry where people come together to grieve, AMENDMENT NO. 5017 for the benefit of propane consumers find solace, support and hope. Since At the request of Mr. BREAUX, his and the public, and for other purposes. 1991, volunteers have been planting name was added as a cosponsor of S. 1675 trees and maintaining this woodland amendment No. 5017 proposed to H.R. At the request of Mr. GRAMM, the area. Visitors come not only from San 3540, a bill making appropriations for name of the Senator from North Caro- Francisco, but also from all across the foreign operations, export financing, lina [Mr. HELMS] was added as a co- United States. and related programs for the fiscal sponsor of S. 1675, a bill to provide for In giving national recognition to the year ending September 30, 1997, and for the nationwide tracking of convicted area, the legislation makes the AIDS other purposes. sexual predators, and for other pur- Memorial Grove the Nation’s first liv- At the request of Mr. MCCAIN, the poses. ing memorial dedicated to the thou- names of the Senator from Texas [Mrs. sands of Americans who have died of S. 1743 HUTCHISON] and the Senator from AIDS and in support of individuals who At the request of Mr. BINGAMAN, the Maine [Mr. COHEN] were added as co- are living with acquired immune defi- name of the Senator from Nevada [Mr. sponsors of amendment No. 5017 pro- ciency syndrome and their families and REID] was added as a cosponsor of S. posed to H.R. 3540, supra. 1743, a bill to provide temporary emer- friends. AMENDMENT NO. 5018 gency livestock feed assistance for cer- No Federal funds would be required. At the request of Mr. COVERDELL, the tain producers, and for other purposes. The AIDS Memorial Grove is, and names of the Senator from South Caro- S. 1857 will continue to be, a public/private lina [Mr. THURMOND], the Senator from At the request of Mr. GREGG, his partnership totally supported by pri- Utah [Mr. HATCH], and the Senator name was added as a cosponsor of S. vate donations. The AIDS Memorial from Texas [Mrs. HUTCHISON] were 1857, a bill to establish a bipartisan Grove board of directors already has added as cosponsors of amendment No. commission on campaign practices and signed a 99-year agreement with the 5018 proposed to H.R. 3540, a bill mak- provide that its recommendations be City of San Francisco and the San ing appropriations for foreign oper- given expedited consideration. Francisco Recreation and Park Depart- ations, export financing, and related ment to maintain the grove in perpetu- S. 1898 programs for the fiscal year ending ity. At the request of Mr. DOMENICI, the September 30, 1997, and for other pur- The legislation is consistent with name of the Senator from Illinois [Ms. poses. MOSELEY-BRAUN] was added as a co- other bills creating areas affiliated f with the National Park System. I urge sponsor of S. 1898, a bill to protect the my colleagues to join me in working genetic privacy of individuals, and for AMENDMENTS SUBMITTED for its enactment. other purposes. Mr. President, I ask unanimous con- S. 1954 sent that the text of the bill be printed At the request of Mr. HATCH, the THE FOREIGN OPERATIONS EX- in the RECORD. names of the Senator from Arizona PORT FINANCING, AND RELATED There being no objection, the bill was [Mr. KYL], the Senator from Alaska PROGRAMS APPROPRIATIONS ordered to be printed in the RECORD, as [Mr. MURKOWSKI], the Senator from In- ACT, 1997 follows: diana [Mr. COATS], the Senator from S. 1992 Tennessee [Mr. FRIST], the Senator from Texas [Mr. GRAMM], the Senator COHEN (AND OTHERS) SECTION 1. SHORT TITLE. AMENDMENT NO. 5019 This Act may be cited as the ‘‘AIDS Memo- from Oregon [Mr. HATFIELD], and the rial Grove Act of 1996’’. Senator from Oklahoma [Mr. INHOFE] Mr. COHEN (for himself, Mrs. FEIN- SEC. 2. RECOGNITION AND DESIGNATION OF THE were added as cosponsors of S. 1954, a STEIN, Mr. MCCAIN, Mr. CHAFEE, Mr. AIDS MEMORIAL GROVE AS NA- bill to establish a uniform and more ef- BREAUX, Mr. JOHNSTON, and Mr. THOM- TIONAL MEMORIAL. ficient Federal process for protecting AS) proposed an amendment to the bill (a) RECOGNITION OF SIGNIFICANCE OF THE property owners’ rights guaranteed by (H.R. 3540) making appropriations for AIDS MEMORIAL GROVE.—The Congress here- by recognizes the significance of the AIDS the fifth amendment. foreign operations, export financing Memorial Grove, located in Golden Gate S. 1957 and related programs for the fiscal Park in San Francisco, California, as a me- At the request of Mr. PRESSLER, the year ending September 30, 1997, and for morial— name of the Senator from Louisiana other purposes; as follows: July 25, 1996 CONGRESSIONAL RECORD — SENATE S8869 On page 188, strike lines 3 through 22 and Bank for Reconstruction and Development, tution’’ shall include the institutions identi- insert the following: the International Development Association, fied in section 535(b) of this Act. POLICY TOWARD BURMA the International Finance Corporation, the SEC. 569. (a) Until such time as the Presi- Multilateral Investment Guarantee Agency, INOUYE (AND BENNETT) dent determines and certifies to Congress the Asian Development Bank, and the Inter- AMENDMENT NO. 5022 that Burma has made measurable and sub- national Monetary Fund. stantial progress in improving human rights (2) The term ‘‘new investment’’ shall mean Mr. MCCONNELL (for Mr. INOUYE, for practices and implementing democratic gov- any of the following activities if such an ac- himself and Mr. BENNETT) proposed an ernment, the following sanctions shall be tivity is undertaken pursuant to an agree- amendment to the bill, H.R. 3540, imposed on Burma: ment, or pursuant to the exercise of rights supra; as follows: under such an agreement, that is entered (1) BILATERAL ASSISTANCE.—There shall be On page 107, line 23, strike ‘‘should be made into with the Government of Burma or a no United States assistance to the Govern- available’’ and insert ‘‘shall be available non-governmental entity in Burma, on or ment of Burma, other than: only’’. (A) humanitarian assistance, after the date of the certification under sub- (B) counter-narcotics assistance under section (b): chapter 8 of part I of the Foreign Assistance (A) the entry into a contract that includes LEAHY AMENDMENT NO. 5023 Act of 1961, or crop substitution assistance, the economical development of resources lo- Mr. MCCONNELL (for Mr. LEAHY) if the Secretary of State certifies to the ap- cated in Burma, or the entry into a contract proposed an amendment to the bill, providing for the general supervision and propriate congressional committees that: H.R. 3540, supra; as follows: i) the Government of Burma is fully co- guarantee of another person’s performance of operating with U.S. counter-narcotics ef- such a contract; On page 184, line 6, delete the word ‘‘MOR- forts, and (B) the purchase of a share of ownership, ATORIUM’’ and everything that follows ii) the programs are fully consistent with including an equity interest, in that develop- through the period on page 185, line 3. United States human rights concerns in ment; and Burma and serve the United States national (C) the entry into a contract providing for LEAHY (AND INOUYE) interest, and the participation in royalties, earnings, or AMENDMENT NO. 5024 (C) assistance promoting human rights and profits in that development, without regard democratic values. to the form of the participation; Mr. MCCONNELL (for Mr. LEAHY, for (2) MULTILATERAL ASSISTANCE.—The Sec- provided that the term ‘‘new investment’’ himself and Mr. INOUYE) proposed an retary of the Treasury shall instruct the does not include the entry into, performance amendment to the bill, H.R. 3540, United States executive director of each of, or financing of a contract to sell or pur- supra; as follows: international financial institution to vote chase goods, services, or technology. On page 177, line 24, after ‘‘Jordan,’’ insert against any loan or other utilization of funds the following: ‘‘Tunisia,’’ of the respective bank to or for Burma. BUMPERS (AND OTHERS) On page 178, line 2, after ‘‘101–179’’ insert (3) VISAS.—Except as required by treaty the following: ‘‘: Provided, That not later obligations or to staff the Burmese mission AMENDMENT NO. 5020 than May 1, 1997, the Secretary of State shall to the United States, the United States shall Mr. MCCONNELL (for Mr. BUMPERS, submit a report to the Committees on Appro- not grant visas to any Burmese government for himself, Mr. HATFIELD, Mr. GORTON, priations describing actions by the Govern- official. Mr. SIMON, Mr. JOHNSTON, Mr. BURNS, ment of Tunisia during the previous six (b) CONDITIONAL SANCTIONS.—The President months to improve respect for civil liberties shall prohibit United States persons from Mr. REID, and Mr. ROTH) proposed an and promote the independence of the judici- new investment in Burma, if the President amendment to the bill, H.R. 3540, ary.’’ determines and certifies to Congress that, supra; as follows: after the date of enactment of this act, the On page 119, strike lines 6 and 7 and insert Government of Burma has physically in lieu thereof the following: LEAHY (AND OTHERS) harmed, rearrested for political acts, or ex- ‘‘(h)(1) Of the funds appropriated under AMENDMENT NO. 5025 iled Daw Aung San Suu Kyi or has commit- title II of this Act, including funds appro- Mr. MCCONNELL (for Mr. LEAHY, for ted large-scale repression of or violence priated under this heading, not less than against the democratic opposition. $11,000,000 shall be available only for assist- himself, Mrs. KASSEBAUM, and Mr. HAT- (c) MULTILATERAL STRATEGY.—The Presi- ance for Mongolia, of which amount not less FIELD, Mr. DASCHLE, and Mr. JEFFORDS) dent shall seek to develop in coordination than $6,000,000 shall be available only for the proposed an amendment to the bill, with members of ASEAN and other countries Mongolian energy sector. H.R. 3540, supra; as follows: having major trading and investment inter- ‘‘(2) Funds made available for assistance On page 135, line 7, delete ‘‘$626,000,000’’ and ests in Burma, a comprehensive, multilat- for Mongolia shall be made available in ac- insert in lieu thereof ‘‘$700,000,000.’’ eral strategy to bring democracy to and im- cordance with the purposes and utilizing the prove human rights practices and the quality authorities provided in chapter 11 of part I of of life in Burma, including the development the Foreign Assistance Act of 1961.’’. MCCONNELL (AND LEAHY) of a dialog between the State Law and Order AMENDMENT NO. 5026 Restoration Council (SLORC) and demo- REID AMENDMENT NO. 5021 Mr. MCCONNELL (for himself and cratic opposition groups within Burma. Mr. LEAHY) proposed an amendment to Mr. MCCONNELL (for Mr. REID) pro- (d) PRESIDENTIAL REPORTS.—Every six the bill, H.R. 3540, supra; as follows: months following the enactment of this act, posed an amendment to the bill, H.R. the President shall report to the Chairmen of 3540, supra; as follows: On page 148, line 10 through line 13, strike the Committee on Foreign Relations, the the following language, ‘‘That comparable At the appropriate place, insert the follow- requirements of any similar provision in any Committee on International Relations and ing: the House and Senate Appropriations Com- other Act shall be applicable only to the ex- mittees on the following: FEMALE GENITAL MUTILATION tent that funds appropriated by this Act (1) progress toward democratization in SEC. . (a) LIMITATION.—Beginning 1 year have been authorized: Provided further,’’. Burma; after the date of the enactment of this Act, (2) progress on improving the quality of the Secretary of the Treasury shall instruct SMITH (AND OTHERS) life of the Burmese people, including the United States Executive Director of each AMENDMENT NO. 5027 progress on market reforms, living stand- international financial institution to use the ards, labor standards, use of forced labor in voice and vote of the United States to oppose Mr. SMITH (for himself, Mr. THOMAS, the tourism industry, and environmental any loan or other utilization of the funds of and Mr. HELMS) proposed an amend- quality; and their respective institution, other than to ment to the bill, H.R. 3540, supra; as (3) progress made in developing the strat- address basic human needs, for the govern- follows: egy referred to in subsection (c). ment of any country which the Secretary of On page 105, line 17, strike ‘‘provided fur- (e) WAIVER AUTHORITY.—The President the Treasury determines— ther,’’ and all that follows through the colon shall have the authority to waive, tempo- (1) has, as a cultural custom, a known his- on line 21. rarily or permanently, any sanction referred tory of the practice of female genital mutila- to in subsection (a) or subsection (b) if he de- tion; termines and certifies to congress that the (2) has not made the practice of female HELMS (AND OTHERS) application of such sanction would be con- genital mutilation illegal; and AMENDMENT NO. 5028 trary to the national security interests of (3) has not taken steps to implement edu- Mr. HELMS (for himself, Mr. LOTT, the United States. cational programs designed to prevent the (f) DEFINITIONS.— practice of female genital mutilation. and Mr. GREGG) proposed an amend- (1) The term ‘‘international financial insti- (b) DEFINITION.—For purposes of this sec- ment to the bill, H.R. 3540, supra; as tutions’’ shall include the International tion, the term ‘‘international financial insti- follows: S8870 CONGRESSIONAL RECORD — SENATE July 25, 1996 On page 198, lines 17 and 18, insert the fol- (4) The share of foreign insurance in Japan HELMS AMENDMENT NO. 5030 lowing: is less than 3 percent, and large Japanese life Mr. MCCONNELL (for Mr. HELMS) and non-life insurers dominate the market. RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS proposed an amendment to the bill, TO UNITED NATIONS AGENCIES (5) The Government of Japan has had as its H.R. 3540, supra; as follows: SEC. . (a) PROHIBITION ON VOLUNTARY stated policy for several years the deregula- On page 198, between lines 17 and 18, insert CONTRIBUTIONS FOR THE UNITED NATIONS.— tion and liberalization of the Japan insur- None of the funds appropriated or otherwise ance market, and has developed and adopted the following: made available by this Act may be made a new insurance business law as a means of SENSE OF CONGRESS REGARDING THE CONFLICT available to pay any voluntary contribution achieving this publicly stated objective of IN CHECHNYA of the United States to the United Nations or liberalization and deregulation. SEC. . (a) CONGRESSIONAL DECLARATION.— any of its specialized agencies (including the (6) The Governments of Japan and the The Congress declares that the continuation United Nations Development Program) if the United States concluded in October of 1994 of the conflict in Chechnya, the continued United Nations attempts to implement or the United States-Japan Insurance Agree- killing of innocent civilians, and the ongoing impose any taxation or fee on any United ment, following more than one and one-half violation of human rights in that region are States persons or borrows funds from any years of negotiations, in which Agreement unacceptable. international financial institution. the Government of Japan reiterated its in- (b) SENSE OF CONGRESS.—The Congress (b) CERTIFICATION REQUIRED FOR DISBURSE- tent to deregulate and liberalize its market. hereby— MENT OF FUNDS.—None of the funds appro- (7) The Government of Japan in June of (1) condemns Russia’s infringement of the priated or otherwise made available under 1995 undertook additional obligations to pro- cease-fire agreements in Chechnya; this Act may be made available to pay any vide greater foreign access and liberalization (2) calls upon the Government of the Rus- voluntary contribution of the United States to its market through its schedule of insur- sian Federation to bring an immediate halt to the United Nations or any of its special- ance obligations during the financial serv- to offensive military actions in Chechnya ized agencies (including the United Nations ices negotiations of the World Trade Organi- and requests President Yeltsin to honor his Development Program) unless the President zation (WTO). decree of June 25, 1996 concerning the with- certifies to the Congress 15 days in advance (8) The United States insurance industry is drawal of Russian armed forces from of such payment that the United Nations or the most competitive in the world, operates Chechnya; (3) encourages the two warring parties to such agency, as the case may be, is not en- successfully throughout the world, and thus resume negotiations without delay so as to gaged in, and has not been engaged in during could be expected to achieve higher levels of find a peaceful political solution to the the previous fiscal year, any effort to de- market access and profit-ability under a Chechen problem; and velop, advocate, promote, or publicize any more open, deregulated and liberalized Japa- proposal concerning taxation or fees on Unit- (4) supports the Organization for Security nese market. and Cooperation in Europe and its represent- ed States persons in order to raise revenue (9) Despite more than one and one-half for the United Nations or any of its special- atives in Chechnya in its efforts to mediate years since the conclusion of the United in Chechnya. ized agencies. States-Japan Insurance Agreement, despite (c) DEFINITIONS.—As used in this section: more than one year since Japan undertook (1) The term ‘‘international financial insti- BROWN AMENDMENT NO. 5031 new commitments under the WTO, despite tution’’ includes the African Development Mr. MCCONNELL (for Mr. BROWN) the entry into force on April 1, 1996, of the Bank, the African Development Fund, the proposed an amendment to the bill, new Insurance Business Law, the Japanese Asian Development Bank, the European H.R. 3540, supra; as follows: market remains closed and highly regulated Bank for Reconstruction and Development, and thus continues to deny fair and open On page 125, line 2, before the period insert the Inter-American Development Bank, the treatment for foreign insurers, including the following: ‘‘: Provided, That of the funds International Bank for Reconstruction and appropriated under this heading, $2,000,000 Development, the International Develop- competitive United States insurers. (10) The non-implementation of the United shall be available only for demining oper- ment Association, the International Finance ations in Afghanistan’’. Corporation, the International Monetary States-Japan Insurance Agreement is a mat- ter of grave importance to the United States Fund, and the Multilateral Insurance Guar- FAIRCLOTH AMENDMENTS NOS. anty Agency; and Government. (2) The term ‘‘United States person’’ refers (11) Dozens of meetings between the United 5032–5033 to— States Trade Representative and the Min- Mr. MCCONNELL (for Mr. istry of Finance have taken place during the (A) a natural person who is a citizen or na- FAIRCLOTH) proposed two amendments tional of the United States; or past year. (B) a corporation, partnership, or other (12) President Clinton, Vice President to the bill, H.R. 3540, supra; as follows: legal entity organized under the United Gore, Secretary Rubin, Secretary Chris- AMENDMENT NO. 5032 States or any State, territory, possession, or topher, Secretary Kantor, Ambassador At the appropriate place, insert the follow- district of the United States. Barshefsky have all indicated to their coun- ing new section: terparts in the Government of Japan the im- REQUIREMENT FOR DISCLOSURE OF FOREIGN AID MURKOWSKI (AND OTHERS) portance of this matter to the United States. IN REPORT ON SECRETARY OF STATE AMENDMENT NO. 5029 (13) The United States Senate has written SEC. . (a) FOREIGN AND REPORTING RE- repeatedly to the Minister of Finance and QUIREMENT.—In addition to the voting prac- Mr. MURKOWSKI (for himself, Mr. the Ambassador of Japan. tices of a foreign country, the report re- D’AMATO, Mr. THOMAS, and Mr. BOND) (14) Despite all of these efforts and indica- quired to be submitted to Congress under proposed an amendment to the bill, tions of importance, the Ministry of Finance section 406(a) of the Foreign Relations Au- H.R. 3540, supra; as follows: has failed to implement the United States- thorization Act, Fiscal Years 1990 and 1991 On page 198, between lines 17 and 18, insert Japan Insurance Agreement. (22 U.S.C. 2414a), shall include a side-by-side the following: (15) Several deadlines have already passed comparison of individual countries’ overall SENSE OF CONGRESS REGARDING THE UNITED for resolution of this issue with the latest support for the United States at the United STATES-JAPAN INSURANCE AGREEMENT deadline set for July 31, 1996. Nations and the amount of United States as- (b) SENSE OF CONGRESS.—It is the sense of sistance provided to such country in that fis- (a) FINDINGS.—The Congress makes the fol- the Congress that— cal year. lowing findings: (b) UNITED STATES ASSISTANCE.—For pur- (1) The United States and Japan share a (1) the Ministry of Finance of the Govern- poses of this section, the term ‘‘United long and important bilateral relationship ment of Japan should immediately and with- States assistance’’ has the meaning given which serves as an anchor of peace and sta- out further delay completely and fully com- the term in section 481(e)(4) of the Foreign bility in the Asia Pacific region, an alliance ply with all provisions of the United States- Assistance Act of 1961 (22 U.S.C. 2291(e)(4)). which was reaffirmed at the recent summit Japan Insurance Agreement, including most meeting between President Clinton and especially those which require the Ministry AMENDMENT NO. 5033 Prime Minister Hashimoto in Tokyo. of Finance to deregulate and liberalize the (2) The Japanese economy has experienced primary sectors of the Japanese market, and On page 198, between lines 17 and 18, insert difficulty over the past few years, dem- those which insure that the current position the following new section: onstrating that it is no longer possible for of foreign insurers in Japan will not be jeop- REPORT ON DOMESTIC FEDERAL AGENCIES Japan, the world’s second largest economy, ardized until primary sector deregulation FURNISHING UNITED STATES ASSISTANCE to use exports as the sole engine of economic has been achieved, and a three-year period SEC. . (a) IN GENERAL.—Not later than growth, but that the Government of Japan has elapsed; and June 1, 1997, the Comptroller General of the must promote deregulation of its domestic (2) failing satisfactory resolution of this United States shall study and report to the economy in order to increase economic matter on or before July 31, 1996, the United Congress on all assistance furnished directly growth. States Government should use any and all or indirectly to foreign countries, foreign en- (3) Japan is the second largest insurance resources at its disposal to bring about full tities, and international organizations by do- market in the world and the largest life in- and complete compliance with the Agree- mestic Federal agencies and Federal agen- surance market in the world. ment. cies. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8871

(b) DEFINITIONS.—As used in this section: tion) or contract as defined in section 2 of minimally sufficient sexual offender reg- (1) DOMESTIC FEDERAL AGENCY.—The term this Act, the Secretary shall not accept title istration program shall register a current ‘‘domestic Federal agency’’ means a Federal to spent nuclear fuel or high-level nuclear address, fingerprints of that person, and a agency the primary mission of which is to waste generated by a commercial nuclear current photograph of that person with the carry out functions other than foreign af- power reactor unless the Secretary deter- FBI for inclusion in the database established fairs, defense, or national security functions. mines that accepting title to the fuel or under subsection (b) for the time period spec- (2) FEDERAL AGENCY.—The term ‘‘Federal waste is necessary to enable the Secretary to ified under subsection (d). agency’’ has the meaning given the term in protect adequately the public health or safe- ‘‘(d) LENGTH OF REGISTRATION.—A person section 551(1) of title 5, United States Code. ty, or the environment. To the extent that described in subsection (b) who is required to (3) INTERNATIONAL ORGANIZATION.—The the federal government is responsible for register under subsection (c) shall, except term ‘‘international organization’’ has the personal or property damages arising from during ensuing periods of incarceration, con- meaning given the term in section 1 of the such fuel or waste while in the federal gov- tinue to comply with this section— International Organization Immunities Act ernment’s possession, such liability shall be ‘‘(1) until 10 years after the date on which (22 U.S.C. 288). borne by the federal government.’’ the person was released from prison or (4) UNITED STATES ASSISTANCE.—The term f placed on parole, supervised release, or pro- ‘‘United States assistance’’ has the meaning bation; or given the term in section 481(c)(4) of the For- THE SEXUAL OFFENDER TRACK- ‘‘(2) for the life of the person, if that per- eign Assistance Act of 1961 (22 U.S.C. ING AND IDENTIFICATION ACT son— 2291(e)(4)). OF 1996 ‘‘(A) has 2 or more convictions for an of- fense described in subsection (b); ‘‘(B) has been convicted of aggravated sex- SIMON (AND OTHERS) ual abuse, as defined in section 2241 of title AMENDMENT NO. 5034 GRAMM (AND OTHERS) 18, United States Code, or in a comparable AMENDMENT NO. 5038 provision of State law; or Mr. MCCONNELL (for Mr. SIMON for Mr. GRAMM (for himself, Mr. BIDEN, ‘‘(C) has been determined to be a sexually himself, Mrs. KASSEBAUM, Mr. violent predator. ATCH UTCHISON FEINGOLD, Ms. MOSELEY-BRAUN, and Mr. H , and Mrs. H ) pro- ‘‘(e) VERIFICATION.— Mr. JEFFORDS) proposed an amendment posed an amendment to the bill (S. ‘‘(1) PERSONS CONVICTED OF AN OFFENSE to the bill, H.R. 3540, supra; as follows: 1675) to provide for the nationwide AGAINST A MINOR OR A SEXUALLY VIOLENT OF- FENSE.—In the case of a person required to On page 105, beginning on line 12, strike tracking of convicted sexual predators, register under subsection (c), the FBI shall, ‘‘amount’’ and all that follows through and for other purposes; as follows: during the period in which the person is re- ‘‘should’’ on line 13 and insert ‘‘amount made Strike all after the enacting clause, and in- quired to register under subsection (d), ver- available to carry out chapter 10 of part I of sert the following: ify the person’s address in accordance with the Foreign Assistance Act of 1961 (relating SECTION 1. SHORT TITLE. guidelines that shall be promulgated by the to the Development Fund for Africa) shall’’. This Act may be cited as the ‘‘Pam Attorney General. Such guidelines shall en- f Lychner Sexual Offender Tracking and Iden- sure that address verification is accom- tification Act of 1996’’. THE NUCLEAR WASTE POLICY ACT plished with respect to these individuals and SEC. 2. OFFENDER REGISTRATION. shall require the submission of fingerprints OF 1996 (a) ESTABLISHMENT OF FBI DATABASE.— and photographs of the individual. Subtitle A of Title XVII of the Violent Crime ‘‘(2) SEXUALLY VIOLENT PREDATORS.—Para- Control and Law Enforcement Act of 1994 (42 graph (1) shall apply to a person described in WELLSTONE AMENDMENTS NOS. U.S.C. 14071) is amended by adding at the end subsection (b)(3), except that such person 5035–5037 the following new section: must verify the registration once every 90 (Ordered to lie on the table.) ‘‘SEC. 170102. FBI DATABASE. days after the date of the initial release or ‘‘(a) DEFINITIONS.—For purposes of this sec- commencement of parole of that person. Mr. WELLSTONE submitted three ‘‘(f) COMMUNITY NOTIFICATION.— amendments intended to be proposed tion— ‘‘(1) the term ‘FBI’ means the Federal Bu- ‘‘(1) IN GENERAL.—Subject to paragraph (2), by him to the bill (S. 1936) to amend reau of Investigation; the FBI may release relevant information the Nuclear Waste Policy Act of 1982; ‘‘(2) the terms ‘criminal offense against a concerning a person required to register as follows: victim who is a minor’, ‘sexually violent of- under subsection (c) that is necessary to pro- tect the public. AMENDMENT NO. 5035 fense’, ‘sexually violent predator’, ‘mental ‘‘(2) IDENTITY OF VICTIM.—In no case shall abnormality’, and ‘predatory’ have the same On page 65 of the bill at the end of line 20, the FBI release the identity of any victim of meanings as in section 170101(a)(3); and insert the following: ‘‘The adjusted fee pro- an offense that requires registration by the ‘‘(3) the term ‘minimally sufficient sexual posed by the Secretary shall be effective offender with the FBI. offender registration program’ means any after a period of 90 days of continuous ses- ‘‘(g) NOTIFICATION OF FBI OF CHANGES IN State sexual offender registration program sion have elapsed following the receipt of RESIDENCE.— such transmittal unless during such 90-day that— ‘‘(1) ESTABLISHMENT OF NEW RESIDENCE.— period a law is enacted disapproving the Sec- ‘‘(A) requires the registration of each of- For purposes of this section, a person shall retary’s proposed adjustment.’’ fender who is convicted of an offense de- be deemed to have established a new resi- scribed in subparagraph (A) or (B) or section dence during any period in which that person 170101(a)(1); AMENDMENT NO. 5036 resides for not less than 10 days. ‘‘(B) requires that all information gathered On page 85 of the bill, strike lines 13 ‘‘(2) PERSONS REQUIRED TO REGISTER WITH under such program be transmitted to the THE FBI.—Each establishment of a new resi- through 15 and insert in lieu thereof the fol- FBI in accordance with subsection (g) of this dence, including the initial establishment of lowing: section; a residence immediately following release ‘‘(a) Notwithstanding any other provision ‘‘(C) meets the requirements for verifica- from prison, or placement on parole, super- of this Act or contract as defined in section tion under section 170101(b)(3); and vised release, or probation, by a person re- 2 of this Act, the Secretary shall not accept ‘‘(D) requires that each person who is re- quired to register under subsection (c) shall title to spent nuclear fuel or high-level nu- quired to register under subparagraph (A) be reported to the FBI not later than 10 days clear waste generated by a commercial nu- shall do so for a period of not less than 10 after that person establishes a new resi- clear power reactor unless the Secretary de- years beginning on the date that such person dence. termines that accepting title to the fuel or was released from prison or placed on parole, ‘‘(3) INDIVIDUAL REGISTRATION REQUIRE- waste is necessary to enable the Secretary to supervised release, or probation. MENT.—A person required to register under protect adequately the public health or safe- ‘‘(b) ESTABLISHMENT.—The Attorney Gen- subsection (c) or under a minimally suffi- ty, or the environment. To the extent that eral shall establish a national database at cient offender registration program, includ- the federal government is responsible for the Federal Bureau of Investigation to track ing a program established under section personal or property damages arising from the whereabouts and movement of— 170101, who changes address to a State other such fuel or waste while in the federal gov- ‘‘(1) each person who has been convicted of than the State in which the person resided at ernment’s possession, such liability shall be a criminal offense against a victim who is a the time of the immediately preceding reg- borne by the federal government.’’ minor; istration shall, not later than 10 days after ‘‘(2) each person who has been convicted of that person establishes a new residence, reg- AMENDMENT NO. 5037 a sexually violent offense; and ister a current address, fingerprints, and a On page 85 of the bill, strike line 13 ‘‘(3) each person who is a sexually violent photograph of that person, for inclusion in through 15 and insert in lieu thereof the fol- predator. the appropriate database, with— lowing: ‘‘(c) REGISTRATION REQUIREMENT.—Each ‘‘(A) the FBI; and ‘‘(a) Notwithstanding any other provision person described in subsection (b) who re- ‘‘(B) the State in which the new residence of this Act (except subsection (b) of this sec- sides in a State that has not established a is established. S8872 CONGRESSIONAL RECORD — SENATE July 25, 1996

‘‘(4) STATE REGISTRATION REQUIREMENT.— ‘‘(A) law enforcement purposes; and expects to reside. The State law enforcement Any time any State agency in a State with ‘‘(B) community notification in accordance agency shall also immediately transmit all a minimally sufficient sexual offender reg- with section 170101(d)(3); and information described in paragraph (1) to the istration program, including a program es- ‘‘(2) to Federal, State, and local govern- Federal Bureau of Investigation for inclusion tablished under section 170101, is notified of mental agencies responsible for conducting in the FBI database described in section a change of address by a person required to employment-related background checks 170102. register under such program within or out- under section 3 of the National Child Protec- SEC. 8. IMMUNITY FOR GOOD FAITH CONDUCT. side of such State, the State shall notify— tion Act of 1993 (42 U.S.C. 5119a).’’. State and federal law enforcement agen- ‘‘(A) the law enforcement officials of the ‘‘(k) NOTIFICATION UPON RELEASE.—Any cies, employees of state and federal law en- jurisdiction to which, and the jurisdiction state not having established a program de- forcement agencies, and state and federal of- from which, the person has relocated; and scribed in 170102(a)(3) must— ficials shall be immune from liability for ‘‘(B) the FBI. ‘‘(1) Upon release from prison, or place- good faith conduct under section 170102. ‘‘(5) VERIFICATION.— ment on parole, supervised release, or proba- SEC. 9. REGULATIONS. ‘‘(A) NOTIFICATION OF LOCAL LAW ENFORCE- tion, notify each offender who is convicted of MENT OFFICIALS.—The FBI shall ensure that an offense described in subparagraph (A) or Not later than 1 year after the date of en- State and local law enforcement officials of (B) of section 170101(a)(1) of their duty to reg- actment of this Act, the Attorney General the jurisdiction to which, and the State and ister with the FBI; and shall issue regulations to carry out this Act local law enforcement officials of the juris- ‘‘(2) Notify the FBI of the release of each and the amendments made by this Act. diction to which, a person required to reg- offender who is convicted of an offense de- SEC. 10. EFFECTIVE DATE. ister under subsection (c) relocates are noti- scribed in subparagraph (A) or (B) of section (a) IN GENERAL.—This Act and the amend- fied of the new residence of such person. 170101(a)(1).’’. ments made by this Act shall become effec- ‘‘(B) NOTIFICATION OF FBI.—A State agency SEC. 3. DURATION OF STATE REGISTRATION RE- tive 1 year after the date of enactment of receiving notification under this subsection QUIREMENT. this Act. shall notify the FBI of the new residence of Section 170101(b)(6) of the Violent Crime (b) COMPLIANCE BY STATES.—Each State the offender. Control and Law Enforcement Act of 1994 (42 shall implement the amendments made by ‘‘(C) VERIFICATION.— U.S.C. 14071(b)(6)) is amended to read as fol- sections 3, 4, 5, 6, and 7 of this Act not later ‘‘(I) STATE AGENCIES.—If a State agency lows: than 3 years after the date of enactment of cannot verify the address of or locate a per- ‘‘(6) LENGTH OF REGISTRATION.—A person this Act, except that the Attorney General son required to register with a minimally required to register under subsection (a)(1) may grant an additional 2 years to a State sufficient sexual offender registration pro- shall continue to comply with this section, that is making good faith efforts to imple- gram, including a program established under except during ensuing periods of incarcer- ment such amendments. section 170101, the State shall immediately ation, until— (c) INELIGIBILITY FOR FUNDS.— notify the FBI. ‘‘(A) 10 years have elapsed since the person (1) a State that fails to implement the pro- ‘‘(ii) FBI.—If the FBI cannot verify the ad- was released from prison or placed on parole, gram as describe din sections 3, 4, 5, 6, and 7 dress of or locate a person required to reg- supervised release, or probation; or of this Act shall not receive 10 percent of the ister under subsection (c) or if the FBI re- ‘‘(B) for the life of that person if that per- funds that would otherwise be allocated to ceives notification from a State under clause son— the State under section 506 of the Omnibus (I), the FBI shall ensure that, either the ‘‘(I) has 1 or more prior convictions for an Crime Control and Safe Streets Act of 1968 State or the FBI shall— offense described in subsection (a)(1)(A); or (42 U.S.C. 3765). ‘‘(I) classify the person as being in viola- ‘‘(ii) has been convicted of an aggravated (2) any funds that are not allocated for tion of the registration requirements of the offense described in subsection (a)(1)(A); or failure to comply with sections 3, 4, 5, 6, or national database; and ‘‘(iii) has been determined to be a sexually 7 of this Act shall be reallocated to States ‘‘(II) add the name of the person to the Na- violent predator pursuant to subsection that comply with these sections. tional Crime Information Center Wanted (a)(2).’’. SEC. 11. SEVERABILITY. Person File and create a wanted persons SEC. 4. STATE BOARDS. If any provision of this Act, an amendment record, provided that an arrest warrant Section 170101(a)(2) of the Violent Crime made by this Act, or the application of such which meets the requirements for entry into Control and Law Enforcement Act of 1994 (42 provision or amendment to any person or the file is issued in connection with the vio- U.S.C. 14071(a)(2)) is amended by inserting circumstance is held to be unconstitutional, lation. before the period at the end the following: the remainder of this Act, the amendments ‘‘(h) FINGERPRINTS.— ‘‘, victim rights advocates, and representa- made by this Act, and the application of the ‘‘(1) IN GENERAL.— tives from law enforcement agencies’’. provisions of such to any person or cir- ‘‘(A) FBI REGISTRATION.—For each person SEC. 5. FINGERPRINTS. cumstance shall not be affected thereby. required to register under subsection (c), fin- Section 170101 of the Violent Crime Control gerprints shall be obtained and verified by f and Law Enforcement Act of 1994 (42 U.S.C. the FBI or a local law enforcement official 14071) is amended by adding at the end the pursuant to regulations issued by the Attor- THE FOREIGN OPERATIONS, EX- following new subsection: ney General. PORT FINANCING, AND RELATED ‘‘(g) FINGERPRINTS.—Each requirement to ‘‘(B) STATE REGISTRATION SYSTEMS.—In a PROGRAMS APPROPRIATIONS register under this section shall be deemed State that has a minimally sufficient sexual to also require the submission of fingerprints ACT, 1997 offender registration program, including a of the person required to register, obtained program established under section 170101, in accordance with regulations prescribed by fingerprints required to be registered with the Attorney General under section MOYNIHAN AMENDMENT NO. 5039 the FBI under this section shall be obtained 170102(h).’’. and verified in accordance with State re- Mr. MCCONNELL (for Mr. MOYNIHAN) quirements. The State agency responsible for SEC. 6. VERIFICATION. proposed an amendment to the bill, registration shall ensure that the finger- Section 170101(b)(3)(A)(iii) of the Violent H.R. 3540, supra; as follows: prints and all other information required to Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(b)(3)(A)(iii)) is amended On page 188, between lines 22 and 23, insert be registered is registered with the FBI. the following new section: ‘‘(I) PENALTY.—A person required to reg- by adding at the end the following: ‘‘The per- ister under paragraph (1), (2), or (3) of sub- son shall include with the verification form, REPORTS ON THE SITUATION IN BURMA section (g) who knowingly fails to comply fingerprints and a photograph of that per- SEC. ll. (a) LABOR PRACTICES.—Not later with this section shall— son.’’. than 90 days after the date of the enactment ‘‘(1) in the case of a first offense— SEC. 7. REGISTRATION INFORMATION. of this Act, the Secretary of Labor, in con- ‘‘(A) if the person has been convicted of 1 Section 170101(b)(2) of the Violent Crime sultation with the Secretary of State, shall offense described in subsection (b), be fined Control and Law Enforcement Act of 1994 (42 submit a report to the appropriate congres- not more than $100,000; or U.S.C. 14071(b)(2)) is amended to read as fol- sional committees on— ‘‘(B) if the person has been convicted of lows: (1) Burma’s compliance with international more than 1 offense described in subsection ‘‘(2) TRANSFER OF INFORMATION TO STATE labor standards including, but not limited (b), be imprisoned for up to 1 year and fined AND THE FBI.—The officer, or in the case of a to, the use of forced labor, slave labor, and not more than $100,000; or person placed on probation, the court, shall, involuntary prison labor by the junta; ‘‘(2) in the case of a second or subsequent within 3 days after receipt of information de- (2) the degree to which foreign investment offense, be imprisoned for up to 10 years and scribed in paragraph (1), forward it to a des- in Burma contributes to violations of fun- fined not more than $100,000. ignated State law enforcement agency. The damental worker rights; ‘‘(j) RELEASE OF INFORMATION.—The infor- State law enforcement agency shall imme- (3) labor practices in support of Burma’s mation collected by the FBI under this sec- diately enter the information into the appro- foreign tourist industry; and tion shall be disclosed by the FBI— priate State Law enforcement record system (4) efforts by the United States to end vio- ‘‘(1) to Federal, State, and local criminal and notify the appropriate law enforcement lations of fundamental labor rights in justice agencies for— agency having jurisdiction where the person Burma. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8873

(b) DEFINITION.—As used in this section, (B) SENSE OF THE CONGRESS.—It is the AMENDMENT NO. 5043 the term ‘‘appropriate congressional com- sense of the Congress that the President At the appropriate place, add the following mittees’’ means the Committee on Appro- should take steps to promote more open, new section: priations and the Committee on Foreign Re- fair, and free trade between the United SEC. . SENSE OF CONGRESS REGARDING CRO- lations of the Senate and the Committee on States and the countries of Central Europe, ATIA. Appropriations and the Committee on Inter- including Poland, Hungary, the Czech Repub- (a) FINDINGS.—The Congress makes the fol- national Relations of the House of Rep- lic, Slovakia, Lithuania, Latvia, Estonia, lowing findings: resentatives. Romania, and Slovenia, including— (1) Croatia has politically and financially (c) FUNDING.—(1) There are hereby appro- (1) developing closer commercial contacts; contributed to the NATO peacekeeping oper- priated, out of any money in the Treasury (2) the mutual elimination of tariff and ations in Bosnia; not otherwise appropriated, for the fiscal nontariff discriminatory barriers in trade (2) The economic stability and security of year ending September 30, 1997, for expenses with these countries; Croatia is important to the stability of necessary to carry out the provisions of this (3) exploring the possibility of framework South Central Europe; and section, $30,000 to the Department of Labor. agreements that would lead to a free trade (3) Croatia is in the process of joining the (2) The amount appropriated by this Act agreement; Partnership for Peace. under the heading ‘‘DEPARTMENT OF STATE, (4) negotiating bilateral investment trea- (b) SENSE OF CONGRESS.—It is the Sense of INTERNATIONAL NARCOTICS CONTROL’’ shall be ties; Congress that: reduced by $30,000. (5) stimulating increased United States ex- (1) Croatia should be recognized and com- ports and investments to the region; mended for its contributions to NATO and GRAHAM AMENDMENT NO. 5040 (6) obtaining further liberalization of in- the various peacekeeping efforts in Bosnia; vestment regulations and protection against (2) the United States should support the Mr. MCCONNELL (for Mr. GRAHAM) nationalization in these foreign countries; active participation of Croatia in activities proposed an amendment to the bill, and appropriate for qualifying for NATO mem- H.R. 3540, supra; as follows: (7) establishing fair and expeditious dis- bership, provided Croatia continues to ad- At the appropriate place in the bill, insert pute settlement procedures. here fully to the Dayton Peace Accords and the following: continues to make progress toward estab- SEC. . HAITI. SPECTER (AND OTHERS) lishing democratic institutions, a free mar- The Government of Haiti shall be eligible AMENDMENT NO. 5042 ket, and the rule of law. to purchase defense articles and services Mr. MCCONNELL. (for Mr. SPECTER, under the Arms Export Control Act (22 AMENDMENT NO. 5044 for himself, Mr. MOYNIHAN, and Mr. U.S.C. 2751 et seq.), for the civilian-led Hai- At the appropriate place, add the following tian National Police and Coast Guard, except D’AMATO) proposed an amendment to new section: as otherwise stated in law: Provided, That the bill, H.R. 3540, supra; as follows: SEC. . ROMANIA’S PROGRESS TOWARD NATO the authority provided by this section shall At the appropriate place in the bill, insert MEMBERSHIP. be subject to the regular notification proce- the following: (a) FINDINGS.—The Congress makes the fol- dures of the Committees on Appropriations. SEC. . LIMITATION ON FOREIGN SOVEREIGN IM- lowing findings: MUNITY. (1) Romania emerged from years of brutal (a) IN GENERAL.—Section 1605(a)(7) of title Communist dictatorship in 1989 and approved BROWN (AND SIMON) AMENDMENT a new Constitution and elected a Parliament NO. 5041 28, United States Code, is amended to read as follows: by 1991, laying the foundation for a modern Mr. MCCONNELL (for Mr. BROWN, for ‘‘(7) in which money damages are sought parliamentary democracy charged with himself and Mr. SIMON) proposed an against a foreign state for personal injury or guaranteeing fundamental human rights, amendment to the bill, H.R. 3540, death caused by an act of torture, freedom of expression, and respect for pri- supra; as follows: extrajudicial killing, aircraft sabotage, hos- vate property; tage taking, or the provision of material sup- (2) Local elections, parliamentary elec- At the appropriate place, insert the follow- tions, and presidential elections have been ing new section: port or resources (as defined in section 2339A of title 18) for such an act, if— held in Romania, with 1996 marking the sec- SEC. . TRADE RELATIONS WITH EASTERN AND ‘‘(A) such act or provision of material sup- ond nationwide presidential elections under CENTRAL EUROPE. port was engaged in by an official, employee, the new Constitution; (a) FINDINGS.—The Congress makes the fol- (3) Romania was the first former Eastern lowing findings: or agent of such foreign state while acting within the scope of his or her office, employ- bloc country to join NATO’s Partnership for (1) The countries of Central and Eastern Peace program and has hosted Partnership Europe, including Poland, Hungary, the ment, or agency; ‘‘(B) the foreign state against whom the for Peace military exercises on its soil; Czech Republic, Slovakia, Romania, Slove- (4) Romania is the second largest country claim was brought— nia, Lithuania, Latvia, Estonia, and Bul- in terms of size and population in Central ‘‘(i) was designated as a state sponsor of garia, are important to the long-term stabil- Europe and as such is strategically signifi- terrorism under section 6(j) of the Export ity and economic success of a future Europe cant; Administration Act of 1979 (50 U.S.C. App. freed from the shackles of communism. (5) Romania formally applied for NATO 2405(j)) or section 620A of the Foreign Assist- (2) The Central and Eastern European membership in April of 1996 and has begun an ance Act of 1961 (22 U.S.C. 2371) at the time countries, particularly Hungary, Poland, the individualized dialogue with NATO on its the act occurred or was later so designated Czech Republic, Romania, Slovakia, Slove- membership application; and nia, Latvia, Lithuania, and Estonia, are in as a result of such act; or (6) Romania has contributed to the peace the midst of dramatic reforms to transform ‘‘(ii) had no treaty of extradition with the and reconstruction efforts in Bosnia by par- their centrally planned economies into free United States at the time the act occurred ticipating in the Implementation Force market economies and to join the Western and no adequate and available remedies exist (IFOR). community. either in such state or in the place in which (b) SENSE OF THE CONGRESS.—Therefore, it (3) It is in the long-term interest of the the act occurred; is the sense of the Congress that: United States to encourage and assist the ‘‘(C) the claimant has afforded the foreign (1) Romania is making significant progress transformation of Central and Eastern Eu- state a reasonable opportunity to arbitrate toward establishing democratic institutions, rope into a free market economy, which is the claim in accordance with accepted inter- a free market economy, civilian control of the solid foundation of democracy, and will national rules of arbitration; and the armed forces and the rule of law; contribute to regional stability and greatly ‘‘(D) the claimant or victim was a national (2) Romania is making important progress increased opportunities for commerce with of the United States (as that term is defined toward meeting the criteria for accession the United States. in section 101(a)(22) of the Immigration and into NATO; (4) Trade with the countries of Central and Nationality Act) when the act upon which (3) Romania deserves commendation for its Eastern Europe accounts for less than one the claim is based occurred.’’. clear desire to stand with the West in NATO, percent of total United States trade. (b) EFFECTIVE DATE.—The amendment as evidenced by its early entry into the Part- (5) The presence of a market with more made by subsection (a) shall apply with re- nership for Peace, its formal application for than 140,000,000 people, with a growing appe- spect to actions brought in United States NATO membership, and its participation in tite for consumer goods and services and courts on or after the date of enactment of IFOR; badly in need of modern technology and this Act. (4) Romania should be evaluated for mem- management, should be an important mar- bership in the NATO Participation Act’s ket for United States exports and invest- BROWN AMENDMENTS NOS. 5043– transition assistance program at the earliest ments. 5044 opportunity; and (6) The United States has concluded agree- (5) The United States should work closely ments granting most-favored-nation status Mr. MCCONNELL (for Mr. BROWN and with Romania and other countries working to most of the countries of Central and East- Mr. GORTON) proposed two amendments toward NATO membership to ensure that ern Europe. to the bill, H.R. 3540, supra; as follows: every opportunity is provided. S8874 CONGRESSIONAL RECORD — SENATE July 25, 1996 DORGAN (AND OTHERS) (2) RESPECTS HUMAN RIGHTS.—Such govern- At the end of the amendment, add the fol- AMENDMENT NO. 5045 ment— lowing new section: (A) does not engage in gross violations of SEC. . INTERNATIONAL ARMS TRANSFERS RE- AT Mr. DORGAN (for himself, Mr. H - internationally recognized human rights, as GIME. FIELD, Mr. BUMPERS, Mr. JEFFORDS, Mr. described in section 502B(d)(1) of the Foreign (a) INTERNATIONAL EFFORTS.—The Presi- LEAHY, Mr. HARKIN, Mr. PRYOR, Ms. Assistance Act of 1961; dent shall continue and expand efforts MOSELEY-BRAUN, Mr. FEINGOLD, Mr. (B) vigorously investigates, disciplines, through the United Nations and other inter- PELL, Mr. INOUYE, Mr. WYDEN, Mr. and prosecutes those responsible for gross national fora, such as The Wassernaar Ar- KENNEDY, Mr. SIMON, Mr. LAUTENBERG, violations of internationally recognized rangement on Export Controls for Conven- human rights; and Mrs. FEINSTEIN) proposed an tional Arms and Dual Use Goods and Tech- (C) permits access on a regular basis to po- nologies, to curb worldwide arms transfers, amendment to the bill, H.R. 3540, litical prisoners by international humani- supra; as follows: particularly to nations that do not meet the tarian organizations such as the Inter- criteria established in section 04, with a At the appropriate place in the bill, insert national Committee of the Red Cross; goal of establishing a permanent multilat- the following new title: (D) promotes the independence of the judi- eral regime to govern the transfer of conven- TITLE CONGRESSIONAL REVIEW OF ciary and other official bodies that oversee tional arms. ARMS TRANSFERS ELIGIBILITY ACT OF the protection of human rights; and (b) REPORT.—The President shall submit 1996 (E) does not impede the free functioning of an annual report to the Congress describing SEC. 01. SHORT TITLE. and access of domestic and international efforts he has undertaken to gain inter- This title may be cited as the ‘‘Congres- human rights organizations or, in situations national acceptance of the principles incor- sional Review of Arms Transfers Eligibility of conflict or famine, of humanitarian orga- porated in section 04, and evaluating the Act of 1996’’. nizations. progress made toward establishing a multi- SEC. 02. PURPOSE. (3) NOT ENGAGED IN CERTAIN ACTS OF ARMED lateral regime to control the transfer of con- The purpose of this title is to provide con- AGGRESSION.—Such government is not cur- ventional arms. This report shall be submit- gressional review of the eligibility of foreign rently engaged in acts of armed aggression ted in conjunction with the submission of governments to be considered for United in violation of international law. the annual request for authorizations and States military assistance and arms trans- (4) FULL PARTICIPATION IN UNITED NATIONS appropriations for foreign assistance pro- fers, and to establish clear standards for REGISTER OF CONVENTIONAL ARMS.—Such gov- grams for a fiscal year. such eligibility including adherence to demo- ernment is fully participating in the United cratic principles, protection of human rights, Nations Register of Conventional Arms. nonaggression, and participation in the Unit- SEC. 05. CERTIFICATION AND DECERTIFICA- DOMENICI (AND OTHERS) ed Nations Register of Conventional Arms. TION. (a) NOTIFICATION TO CONGRESS.—In the case AMENDMENT NO. 5047 SEC. 03. ELIGIBILITY FOR UNITED STATES MILI- of a determination by the President under TARY ASSISTANCE OR ARMS TRANS- Mr. DOMENICI (for himself, Mr. FERS. section 03(a)(1) or (2) with respect to a for- eign government, the President shall submit D’AMATO, Mrs. HUTCHISON, Mrs. FEIN- (a) PROHIBITION; WAIVER.—United States STEIN, Mr. MURKOWSKI, Mr. SHELBY, military assistance or arms transfers may to the Congress the initial certification in Mr. HELMS, Mr. GRAMM, Mr. BINGAMAN, not be provided to a foreign government dur- conjunction with the submission of the an- ing a fiscal year unless the President deter- nual request for enactment of authorizations Mr. KEMPTHORNE, Mr. BOND, Mr. and appropriations for foreign assistance mines and certifies to the Congress for that HATCH, and Mr. FAIRCLOTH) proposed an programs for a fiscal year and shall, where fiscal year that— amendment to the bill, H.R. 3540, appropriate, submit additional or amended (1) such government meets the criteria supra; as follows: certifications at any time thereafter in the contained in section 04; fiscal year. On page 198, between lines 17 and 18, insert (2) it is in the national security interest of (b) DECERTIFICATION.—If a foreign govern- the following new section: the United States to provide military assist- ment ceases to meet the criteria contained ance and arms transfers to such government, PROSECUTION OF MAJOR DRUG TRAFFICKERS in section 04, the President shall submit a RESIDING IN MEXICO and the Congress enacts a law approving decertification of the government to the SEC. . (a) REPORT.—(1) Not later than 30 such determination; or Congress, whereupon any prior certification days after the date of enactment of this Act, (3) an emergency exists under which it is under section 03(a)(1) shall cease to be ef- the Administrator of the Drug Enforcement vital to the interest of the United States to fective. provide military assistance or arms transfers Administration shall submit a report to the SEC. 06. UNITED STATES MILITARY ASSISTANCE President— to such government. AND ARMS TRANSFERS DEFINED. (b) DETERMINATION WITH RESPECT TO EMER- For purposes of this title, the terms ‘‘Unit- (A) identifying the 10 individuals who are GENCY SITUATIONS.—The President shall sub- ed States military assistance’’ and ‘‘arms indicted in the United States for unlawful mit to the Congress at the earliest possible transfers’’ mean— trafficking or production of controlled sub- date reports containing determinations with (1) assistance under chapter 2 of part II of stances most sought by United States law respect to emergencies under subsection the Foreign Assistance Act of 1961 (relating enforcement officials and who there is rea- (a)(3). Each such report shall contain a de- to military assistance), including the trans- son to believe reside in Mexico; and scription of— fer of excess defense articles under section (B) identifying 25 individuals not named (1) the nature of the emergency; 516 of that Act; under paragraph (1) who have been indicted (2) the type of military assistance and (2) assistance under chapter 5 of part II of for such offenses and who there is reason to arms transfers provided to the foreign gov- the Foreign Assistance Act of 1961 (relating believe reside in Mexico. ernment; and to international military education and (2) The President shall promptly transmit (3) the cost to the United States of such as- training); to the Government of Mexico a copy of the sistance and arms transfers. (3) the transfer of defense articles, defense report submitted under paragraph (1). SEC. 04. CRITERIA FOR CERTIFICATION. services, or design and construction services (b) PROHIBITION.— The criteria referred to in section 03(a)(1) under the Arms Export Control Act (except (1) IN GENERAL.—None of the funds appro- are as follows: any transfer or other assistance under sec- priated under the heading ‘‘International (1) PROMOTES DEMOCRACY.—Such govern- tion 23 of such Act), including defense arti- Military Education and Training’’ may be ment— cles and defense services licensed or ap- made available for any program, project, or (A) was chosen by and permits free and fair proved for export under section 38 of that activity for Mexico. elections; Act. (2) EXCEPTION.—Paragraph (1) shall not (B) promotes civilian control of the mili- SEC. 07. EFFECTIVE DATE. apply if, not later than 6 months after the tary and security forces and has civilian in- (a) Except as provided in subsection (b), date of enactment of this Act, the President stitutions controlling the policy, operation, this title shall take effect October 1, 1997. certifies to Congress that— and spending of all law enforcement and se- (b) Any initial certification made under (A) the Government of Mexico has extra- curity institutions, as well as the armed section 03 shall be transmitted to the Con- dited to the United States the individuals forces; gress with the President’s budget submission named pursuant to subsection (a)(1); or (C) promotes the rule of law, equality be- for fiscal year 1998 under section 1105 of title (B) the Government of Mexico has appre- fore the law, and respect for individual and 31, United States Code. hended and begun prosecution of the individ- minority rights, including freedom to speak, uals named pursuant to subsection (a)(1). publish, associate, and organize; and KERRY AMENDMENT NO. 5046 (c) WAIVER.—Subsection (b) shall not apply (D) promotes the strengthening of politi- if the President of Mexico certifies to the cal, legislative, and civil institutions of de- Mr. KERRY proposed an amendment President of the United States that— mocracy, as well as autonomous institutions to amendment No. 5045 proposed by Mr. (1) the Government of Mexico made inten- to monitor the conduct of public officials DORGAN to the bill, H.R. 3540, supra; as sive, good faith efforts to apprehend the indi- and to combat corruption. follows: viduals named pursuant to subsection (a)(1) July 25, 1996 CONGRESSIONAL RECORD — SENATE S8875 but did not find one or more of the individ- anniversary date of such first spent fuel re- thereof the following: ‘‘Nuclear Waste Policy uals within Mexico; and ceipt. Act of 1982 is amended to read as follows: (2) the Government of Mexico has appre- ‘‘(4) REDUCTION.—If the first spent fuel pay- ‘‘SECTION 1. SHORT TITLE AND TABLE OF CON- hended and extradited or apprehended and ment under paragraph (1)(B) is made within TENTS. prosecuted 3 individuals named pursuant to 6 months after the last annual payment prior ‘‘(a) SHORT TITLE.—This Act may be cited subsection (a)(2) for each individual not to the receipt of spent fuel under paragraph as the ‘Nuclear Waste Policy Act of 1996’. found under paragraph (1). (1)(A), such first spent fuel payment under ‘‘(b) TABLE OF CONTENTS.— f paragraph (1)(B) shall be reduced by an ‘‘Sec. 1. Short title and table of contents. amount equal to 1⁄12 of such annual payment ‘‘Sec. 2. Definitions. THE NUCLEAR WASTE POLICY ACT under paragraph (1)(A) for each full month ‘‘TITLE I—OBLIGATIONS OF 1996 less than 6 that has not elapsed since the last annual payment under paragraph (1)(A). ‘‘Sec. 101. Obligations of the Secretary of Energy. ‘‘(5) RESTRICTIONS.—The Secretary may not restrict the purposes for which the pay- ‘‘TITLE II—INTEGRATED MANAGEMENT MURKOWSKI AMENDMENT NOS. ments under this section may be used. SYSTEM 5048–5057 ‘‘(6) DISPUTE.—In the event of a dispute ‘‘Sec. 201. Intermodal transfer. (Ordered to lie on the table.) concerning such agreement, the Secretary ‘‘Sec. 202. Transportation planning. Mr. MURKOWSKI submitted 10 shall resolve such dispute, consistent with ‘‘Sec. 203. Transportation requirements. this Act and applicable State law. ‘‘Sec. 204. Interim storage. amendments intended to be proposed ‘‘(7) CONSTRUCTION.—The signature of the ‘‘Sec. 205. Permanent repository. by him to the bill, S. 1936, supra; as fol- Secretary on a valid benefits agreement ‘‘Sec. 206. Land withdrawal. lows: under this section shall constitute a commit- ‘‘TITLE III—LOCAL RELATIONS ment by the United States to make pay- AMENDMENT NO. 5048 ‘‘Sec. 301. Financial assistance. Strike subsections (h) through (i) of sec- ments in accordance with such agreement under section 401(c)(2).’’. ‘‘Sec. 302. On-Site representative. tion 201 and insert in lieu thereof the follow- ‘‘Sec. 303. Acceptance of benefits. ing— ‘‘Sec. 304. Restrictions on use of funds. AMENDMENT NO. 5049 ‘‘(h) BENEFITS AGREEMENT.— ‘‘Sec. 305. Land of conveyances. In section 603 strike the word ‘‘solely’’. ‘‘(1) IN GENERAL.—The Secretary shall offer ‘‘TITLE IV—FUNDING AND to enter into an agreement with the City of ORGANIZATION Caliente and Lincoln County, Nevada con- AMENDMENT NO. 5050 cerning the integrated management system. In subsection (a) of section 604 strike ‘‘The ‘‘Sec. 401. Program funding. ‘‘Sec. 402. Office of Civilian Radioactive ‘‘(2) AGREEMENT CONTENT.—Any agreement Secretary or the Secretary’s designee or des- shall contain such terms and conditions, in- ignees shall not be required to appear before Waste Management. ‘‘Sec. 403. Federal contribution. cluding such financial and institutional ar- the Board or any element of the Board for rangements, as the Secretary and agreement more than twelve working days per calendar ‘‘TITLE V—GENERAL AND entity determine to be reasonable and appro- year.’’. MISCELLANEOUS PROVISIONS priate and shall contain such provisions as ‘‘Sec. 501. Compliance with other laws. are necessary to preserve any right to par- AMENDMENT NO. 5051 ‘‘Sec. 502. Judicial review of agency actions. ticipation or compensation of the City of Strike section 501 and insert in lieu thereof ‘‘Sec. 503. Licensing of facility expansions Caliente and Lincoln County, Nevada. the following: and transshipments. ‘‘(3) AMENDMENT.—An agreement entered ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. ‘‘Sec. 504. Siting a second repository. into under this subsection may be amended ‘‘If the requirements of any Federal, State, ‘‘Sec. 505. Financial arrangements for low- only with the mutual consent of the parties or local law (including a requirement im- level radioactive waste site clo- to the amendment and terminated only in posed by regulation or by any other means sure. accordance with paragraph (4). under such a law) are inconsistent with or ‘‘Sec. 506. Nuclear Regulatory Commission ‘‘(4) TERMINATION.—The Secretary shall duplicative of the requirements of the Atom- training authority. terminate the agreement under this sub- ic Energy Act of 1954 (42 U.S.C. 2011 et seq.) ‘‘Sec. 507. Emplacement schedule. section if any major element of the inte- or of this Act, the Secretary shall comply ‘‘Sec. 508. Transfer of title. grated management system may not be com- only with the requirements of the Atomic ‘‘Sec. 509. Decommissioning pilot program. pleted. Energy Act of 1954 and of this Act in imple- ‘‘Sec. 510. Water rights. ‘‘(5) LIMITATION.—Only 1 agreement may be menting the integrated management sys- ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL in effect at any one time. tem.’’. REVIEW BOARD ‘‘(6) JUDICIAL REVIEW.—Decisions of the ‘‘Sec. 601. Definitions. Secretary under this section are not subject AMENDMENT NO. 5052 ‘‘Sec. 602. Nuclear Waste Technical Review to judicial review. Strike section 501 and insert in lieu thereof Board. ‘‘(i) CONTENT OF AGREEMENT.— the following— ‘‘Sec. 603. Functions. ‘‘(1) SCHEDULE.—In addition to the benefits ‘‘Sec. 604. Investigatory powers. to which the City of Caliente and Lincoln ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. ‘‘If the requirements of any law are incon- ‘‘Sec. 605. Compensation of members. County is entitled to under this title, the ‘‘Sec. 606. Staff. Secretary shall make payments under the sistent with or duplicative of the require- ments of the Atomic Energy Act and this ‘‘Sec. 607. Support services. benefits agreement in accordance with the ‘‘Sec. 608. Report. following schedule: Act, the Secretary shall comply only with the requirements of the Atomic Energy Act ‘‘Sec. 609. Authorization of appropriations. ‘‘Sec. 610. Termination of the board. BENEFITS SCHEDULE and this Act in implementing the integrated management system. Any requirement of a ‘‘TITLE VII—MANAGEMENT REFORM [Amounts in millions] State or political subdivision of a State is ‘‘Sec. 701. Management reform initiatives. Event Payment preempted if— ‘‘Sec. 702. Reporting. ‘‘(1) complying with such requirement and ‘‘Sec. 703. Effective date. (A) Annual payments prior to first receipt of spent fuel ...... $2.5 a requirement of this Act is impossible; or (B) Annual payments beginning upon first spent fuel receipt 5 ‘‘SECTION 2. DEFINITIONS. (C) Payment upon closure of the intermodal transfer facility 5 ‘‘(2) such requirement, as applied or en- ‘‘For purposes of this Act: forced, is an obstacle to accomplishing or ‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘ac- ‘‘(2) DEFINITIONS.—For purposes of this sec- carrying out this Act or a regulation under cept’ and ‘acceptance’ mean the Secretary’s tion, the term— this Act.’’. act of taking possession of spent nuclear fuel ‘‘(A) ‘spent fuel’ means high-level radio- or high-level radioactive waste. AMENDMENT NO. 5053 active waste or spent nuclear fuel; and ‘‘(2) AFFECTED INDIAN TRIBE.—The term ‘‘(B) ‘first spent fuel receipt‘ does not in- Strike subsection (c) of section 201 and in- ‘‘affected Indian tribe’’ means any Indian clude receipt of spent fuel or high-level ra- sert in lieu thereof the following: tribe— dioactive waste for purposes of testing or ‘‘(c) ACQUISTIONS.—The Secretary shall ac- ‘‘(A) whose reservation is surrounded by or operational demonstration. quire lands and rights-of-way along the borders an affected unit of local government, ‘‘(3) ANNUAL PAYMENTS.—Annual payments ‘Chalk Mountain Heavy Haul Route’ depicted or prior to first spent fuel receipt under para- on the map dated March 13, 1996, and on file ‘‘(B) whose federally defined possessory or graph (1)(A) shall be made on the date of exe- with the Secretary, necessary to commence usage rights to other lands outside of the cution of the benefits agreement and there- intermodal transfer at Caliente, Nevada.’’. reservation’s boundaries arising out of con- after on the anniversary date of such execu- gressionally ratified treaties may be sub- tion. Annual payments after the first spent AMENDMENT NO. 5054 stantially and adversely affected by the lo- fuel receipt until closure of the facility Beginning on page 1, line 3, strike ‘‘Nu- cating of an interim storage facility or a re- under paragraph (1)(C) shall be made on the clear’’ and all that follows, and insert in lieu pository if the Secretary of the Interior S8876 CONGRESSIONAL RECORD — SENATE July 25, 1996

finds, upon the petition of the appropriate tains fission products in sufficient con- ‘‘(26) SECRETARY.—The term ‘Secretary’ governmental officials of the tribe, that such centrations; and means the Secretary of Energy. effects are both substantial and adverse to ‘‘(B) other highly radioactive material that ‘‘(27) SITE CHARACTERIZATION.—The term the tribe. the Commission, consistent with existing ‘site characterization’ means activities, ‘‘(3) AFFECTED UNIT OF LOCAL GOVERN- law, determines by rule requires permanent whether in a laboratory or in the field, un- MENT.—The term ‘affected unit of local gov- isolation, which includes any low-level ra- dertaken to establish the geologic condition ernment’ means the unit of local government dioactive waste with concentrations of radio- and the ranges of the parameters of a can- with jurisdiction over the site of a repository nuclides that exceed the limits established didate site relevant to the location of a re- or interim storage facility. Such term may, by the Commission for class C radioactive pository, including borings, surface exca- at the discretion of the Secretary, include waste, as defined by section 61.55 of title 10, vations, excavations of exploratory facili- other units of local government that are con- Code of Federal Regulations, as in effect on ties, limited subsurface lateral excavations tiguous with such unit. January 26, 1983. and borings, and in situ testing needed to ‘‘(4) ATOMIC ENERGY DEFENSE ACTIVITY.— ‘‘(15) FEDERAL AGENCY.—The term ‘Federal evaluate the licensability of a candidate site The term ‘atomic energy defense activity’ agency’ means any Executive agency, as de- for the location of a repository, but not in- means any activity of the Secretary per- fined in section 105 of title 5, United States cluding preliminary borings and geophysical formed in whole or in part in carrying out Code. testing needed to assess whether site charac- ‘‘(16) INDIAN TRIBE.—The term ‘Indian any of the following functions: terization should be undertaken. tribe’ means any Indian tribe, band, nation, ‘‘(A) Naval reactors development. ‘‘(28) SPENT NUCLEAR FUEL.—The term or other organized group or community of ‘‘(B) Weapons activities including defense ‘spent nuclear fuel’ means fuel that has been Indians recognized as eligible for the services inertial confinement fusion. withdrawn from a nuclear reactor following provided to Indians by the Secretary of the ‘‘(C) Verification and control technology. irradiation, the constituent elements of Interior because of their status as Indians in- ‘‘(D) Defense nuclear materials production. which have not been separated by reprocess- cluding any Alaska Native village, as defined ‘‘(E) Defense nuclear waste and materials ing. in section 3(c) of the Alaska Native Claims byproducts management. ‘‘(29) STORAGE.—The term ‘storage’ means Settlement Act (43 U.S.C. 1602(c)). ‘‘(F) Defense nuclear materials security retention of spent nuclear fuel or high-level and safeguards and security investigations. ‘‘(17) INTEGRATED MANAGEMENT SYSTEM.— The term ‘integrated management system’ radioactive waste with the intent to recover ‘‘(G) Defense research and development. such waste or fuel for subsequent use, proc- ‘‘(5) CIVILIAN NUCLEAR POWER REACTOR.— means the system developed by the Sec- retary for the acceptance, transportation, essing, or disposal. The term ‘civilian nuclear power reactor’ ‘‘(30) WITHDRAWAL.—The term ‘withdrawal’ means a civilian nuclear power plant re- storage, and disposal of spent nuclear fuel and high-level radioactive waste under title has the same definition as that set forth in quired to be licensed under section 103 or 104 section 103(j) of the Federal Land Policy and b. of the Atomic Energy Act of 1954 (42 U.S.C. II of this Act. ‘‘(18) INTERIM STORAGE FACILITY.—The term Management Act of 1976 (43 U.S.C. 1702(j)). 2133, 2134(b)). ‘interim storage facility’ means a facility de- ‘‘(31) YUCCA MOUNTAIN SITE.—The term ‘‘(6) COMMISSION.—The term ‘Commission’ signed and constructed for the receipt, han- ‘Yucca Mountain site’ means the area in the means the Nuclear Regulatory Commission. dling, possession, safeguarding, and storage State of Nevada that is withdrawn and re- ‘‘(7) CONTRACTS.—The term ‘contracts’ of spent nuclear fuel and high-level radio- served in accordance with this Act for the lo- means the contracts, executed prior to the cation of a repository. date of enactment of the Nuclear Waste Pol- active waste in accordance with title II of icy Act of 1996, under section 302(a) of the this Act. ‘‘TITLE I—OBLIGATIONS ‘‘(19) INTERIM STORAGE FACILITY SITE.—The Nuclear Waste Policy Act of 1982, by the Sec- ‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF term ‘interim storage facility site’ means retary and any person who generates or ENERGY. the specific site within Area 25 of the Nevada holds title to spent nuclear fuel or high-level ‘‘(a) DISPOSAL.—The Secretary shall de- Test Site that is designated by the Secretary radioactive waste of domestic origin for ac- velop and operate an integrated management and withdrawn and reserved in accordance ceptance of such waste or fuel by the Sec- system for the storage and permanent dis- with this Act for the location of the interim retary and the payment of fees to offset the posal of spent nuclear fuel and high-level ra- storage facility. Secretary’s expenditures, and any subse- dioactive waste. ‘‘(2) LOW-LEVEL RADIOACTIVE WASTE.—The ‘‘(b) INTERIM STORAGE.—The Secretary quent contracts executed by the Secretary term ‘low-level radioactive waste’ means ra- pursuant to section 401(a) of this Act.’’ shall store spent nuclear fuel and high-level dioactive material that— radioactive waste from facilities designated ‘‘(8) CONTRACT HOLDERS.—The term ‘con- ‘‘(A) is not spent nuclear fuel, high-level by contract holders at an interim storage fa- tract holders’ means parties (other than the radioactive waste, transuranic waste, or by- cility pursuant to section 204 in accordance Secretary) to contracts. product material as defined in section 11 e.(2) with the emplacement schedule, beginning ‘‘(9) DEPARTMENT.—The term ‘Department’ of the Atomic Energy Act of 1954 (42 U.S.C. not later than November 30, 1999. means the Department of Energy. 2014 (e)(2)); and ‘‘(c) TRANSPORTATION.—The Secretary shall ‘‘(10) DISPOSAL.—The term ‘disposal’ means ‘‘(B) the Commission, consistent with ex- provide for the transportation of spent nu- the emplacement in a repository of spent nu- isting law, classifies as low-level radioactive clear fuel and high-level radioactive waste clear fuel, high-level radioactive waste, or waste. accepted by the Secretary. The Secretary other highly radioactive material with no ‘‘(21) METRIC TONS URANIUM.—The terms foreseeable intent of recovery, whether or ‘metric tons uranium’ and ‘MTU’ means the shall procure all systems and components not such emplacement permits recovery of amount of uranium in the original necessary to transport spent nuclear fuel and such material for any future purpose. unirradiated fuel element whether or not the high-level radioactive waste from facilities ‘‘(11) DISPOSAL SYSTEM.—The term ‘dis- spent nuclear fuel has been reprocessed. designated by contract holders to and among posal system’ means all natural barriers and ‘‘(22) NUCLEAR WASTE FUND.—The terms facilities comprising the Integrated Manage- engineered barriers, and engineered systems ‘Nuclear Waste Fund’ and ‘waste fund’ mean ment System. Consistent with the Buy and components, that prevent the release of the nuclear waste fund established in the American Act (41 U.S.C. 10a–10c), unless the radionuclides from the repository. United States Treasury prior to the date of Secretary shall determine it to be inconsist- ‘‘(12) EMPLACEMENT SCHEDULE.—The term enactment of this Act under section 302(c) of ent with the public interest, or the cost to be ‘emplacement schedule’ means the schedule the Nuclear Waste Policy Act of 1982. unreasonable, all such systems and compo- established by the Secretary in accordance ‘‘(23) OFFICE.—The term ‘Office’ means the nents procured by the Secretary shall be with section 507(a) for emplacement of spent Office of Civilian Radioactive Waste Manage- manufactured in the United States, with the nuclear fuel and high-level radioactive waste ment established within the Department exception of any transportable storage sys- at the interim storage facility. prior to the date of enactment of this Act tems purchased by contract holders prior to ‘‘(13) ENGINEERED BARRIERS AND ENGI- under the provisions of the Nuclear Waste the effective date of the Nuclear Waste Pol- NEERED SYSTEMS AND COMPONENTS.—The Policy Act of 1982. icy Act of 1996 and procured by the Secretary terms ‘engineered barriers’ and ‘engineered ‘‘(24) PROGRAM APPROACH.—The term ‘pro- from such contract holders for use in the in- systems and components,’ mean man-made gram approach’ means the Civilian Radio- tegrated management system. components of a disposal system. These active Waste Management Program Plan, ‘‘(d) INTEGRATED MANAGEMENT SYSTEM.— terms include the spent nuclear fuel or high- dated May 6, 1996, as modified by this Act, The Secretary shall expeditiously pursue the level radioactive waste form, spent nuclear and as amended from time to time by the development of each component of the inte- fuel package or high-level radioactive waste Secretary in accordance with this Act. grated management system, and in so doing package, and other materials placed over and ‘‘(25) REPOSITORY.—The term ‘repository’ shall seek to utilize effective private sector around such packages. means a system designed and constructed management and contracting practices. ‘‘(14) HIGH-LEVEL RADIOACTIVE WASTE.—The under title II of this Act for the geologic dis- ‘‘(e) PRIVATE SECTOR PARTICIPATION.—In term ‘high-level radioactive waste’ means— posal of spent nuclear fuel and high-level ra- administering the Integrated Management ‘‘(A) the highly radioactive material re- dioactive waste, including both surface and System, the Secretary shall, to the maxi- sulting from the reprocessing of spent nu- subsurface areas at which spent nuclear fuel mum extent possible, utilize, employ, pro- clear fuel, including liquid waste produced and high-level radioactive waste receipt, cure and contract with, the private sector to directly in reprocessing and any solid mate- handling, possession, safeguarding, and stor- fulfill the Secretary’s obligations and re- rial derived from such liquid waste that con- age are conducted. quirements under this Act. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8877

‘‘(f) PRE-EXISTING RIGHTS.—Nothing in this ‘‘(1) IN GENERAL.—The Secretary shall offer United States in the property described in Act is intended to or shall be construed to to enter into agreement with Lincoln Coun- paragraph (2), and improvements thereon, to- modify— ty, Nevada concerning the integrated man- gether with all necessary easements for util- ‘‘(1) any right of a contract holder under agement system. ities and ingress and egress to such property, section 302(a) of the Nuclear Waste Policy ‘‘(2) AGREEMENT CONTENT.—Any agreement including, but not limited to, the right to Act of 1982, or under a contract executed shall contain such terms and conditions, in- improve those easements, are conveyed by prior to the date of enactment of this Act cluding such financial and institutional ar- operation of law to the County of Lincoln, under that section; or rangements, as the Secretary and agreement Nevada, unless the county notifies the Sec- ‘‘(2) obligations imposed upon the federal entity determine to be reasonable and appro- retary of Interior or the head of such other government by the U.S. District Court of priate and shall contain such provisions as appropriate agency in writing within 60 days Idaho in an order entered on October 17, 1995 are necessary to preserve any right to par- of such date of enactment that it elects not in United States v. Batt (No. 91–0054–S–EJL). ticipation or compensation of Lincoln coun- to take title to all or any part of the prop- ‘‘(g) LIABILITY.—Subject to subsection (f), ty, Nevada. erty, except that any lands conveyed to the nothing in this Act shall be construed to ‘‘(3) AMENDMENT.—An agreement entered County of Lincoln under this subsection that subject the United States to financial liabil- into under this subsection may be amended are subject to a Federal grazing permit or ity for the Secretary’s failure to meet any only with the mutual consent of the parties lease or a similar federally granted permit or deadline for the acceptance or emplacement to the amendment and terminated only in lease shall be conveyed between 60 and 120 of spent nuclear fuel or high-level radio- accordance with paragraph (4). days of the earliest time the Federal agency active waste for storage or disposal under ‘‘(4) TERMINATION.—The Secretary shall administering or granting the permit or this Act. terminate the agreement under this sub- lease would be able to legally terminate such ‘‘TITLE II—INTEGRATED MANAGEMENT section if any major element of the inte- right under the statutes and regulations ex- SYSTEM grated management system may not be com- isting at the date of enactment of this Act, pleted. unless Lincoln County and the affected hold- SEC. 201. INTERMODAL TRANSFER. ‘‘(5) LIMITATION.—Only 1 agreement may be er of the permit or lease negotiate an agree- ‘‘(a) ACCESS.—The Secretary shall utilize in effect at any one time. ment that allows for an earlier conveyance. heavy-haul truck transport to move spent ‘‘(6) JUDICIAL REVIEW.—Decisions of the ‘‘(2) SPECIAL CONVEYANCES.—Notwithstand- nuclear fuel and high-level radioactive waste Secretary under this section are not subject ing any other law, the following public lands from the mainline rail line at Caliente, Ne- to judicial review. depicted on the maps and legal descriptions vada, to the interim storage facility site. ‘‘(i) CONTENT OF AGREEMENT.— dated October 11, 1995, shall be conveyed ‘‘(b) CAPABILITY DATE.—The Secretary ‘‘(1) SCHEDULE.—In addition to the benefits under paragraph (1) to the County of Lin- shall develop the capability to commence to which Lincoln County is entitled to under coln, Nevada: rail to truck intermodal transfer at Caliente, this title, the Secretary shall make pay- Map 10: Lincoln County, Parcel M, Indus- Nevada, no later than November 30, 1999. ments under the benefits agreement in ac- trial Park Site Intermodal transfer and related activities cordance with the following schedule: Map 11: Lincoln County, Parcel F, Mixed are incidental to the interstate transpor- Use Industrial Site tation of spent nuclear fuel and high-level BENEFITS SCHEDULE Map 13: Lincoln County, Parcel J, Mixed radioactive waste. [Amounts in millions] Use, Alamo Community Expansion Area ‘‘(c) ACQUISTIONS.—The Secretary shall ac- Map 14: Lincoln County, Parcel E, Mixed quire lands and rights-of-way necessary to Event Payment commence intermodal transfer at Caliente Use, Pioche Community Expansion Area Nevada. (A) Annual payments prior to first receipt of spent fuel ...... $2.5 Map 15: Lincoln County, Parcel B, Landfill (B) Annual payments beginning upon first spent fuel receipt ..... 5 Expansion Site. ‘‘(d) REPLACEMENTS.—The Secretary shall (C) Payment upon closure of the intermodal transfer facility ...... 5 acquire and develop on behalf of, and dedi- ‘‘(3) CONSTRUCTION.—The maps and legal descriptions of special conveyances referred cate to, the City of Caliente, Nevada, parcels ‘‘(2) DEFINITIONS.—For purposes of this sec- to in paragraph (2) shall have the same force of land and right-of-way within Lincoln tion, the term— and effect as if they were included in this County, Nevada, as required to facility re- ‘‘(A) ‘spent fuel’ means high-level radio- Act. The Secretary may correct clerical and placement replacement of land and city active waste or spent nuclear fuel; and typographical errors in the maps and legal wastewater disposal facilities necessary to ‘‘(B) ‘first spent fuel receipt’ does not in- descriptions and make minor adjustments in commence intermodal transfer pursuant to clude receipt of spent fuel or high-level ra- the boundaries of the sites. this Act. Replacement of land and city dioactive waste for purposes of testing or ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon wastewater disposal activities shall occur no operational demonstration. the request of the County of Lincoln, Ne- later than November 30, 1999. ‘‘(3) ANNUAL PAYMENTS.—Annual payments vada, the Secretary of the Interior shall pro- ‘‘(3) NOTICE AND MAP.—Within 6 months of prior to first spent fuel receipt under para- the date of enactment of the Nuclear Waste graph (1)(A) shall be made on the date of exe- vide evidence of title transfer. Policy Act of 1996, the Secretary shall— cution of the benefits agreement and there- ‘‘SEC. 202. TRANSPORTATION PLANNING. ‘‘(1) publish in the Federal Register a no- after on the anniversary date of such execu- ‘‘(a) TRANSPORTATION READINESS.—The tice containing a legal description of the tion. Annual payments after the first spent Secretary shall take those actions that are sites and rights-of-way to be acquired under fuel receipt until closure of the facility necessary and appropriate to ensure that the this subsection; and under paragraph (1)(C) shall be made on the Secretary is able to transport safely spent ‘‘(2) file copies of a map of such sites and anniversary date of such first spent fuel re- nuclear fuel and high-level radioactive waste rights-of-way with the Congress, the Sec- ceipt. from sites designated by the contract holders retary of the Interior, the State of Nevada, ‘‘(4) REDUCTION.—If the first spent fuel pay- to mainline transportation facilities, using the Archivist of the United States, the Board ment under paragraph (1)(B) is made within routes that minimize, to the maximum prac- of Lincoln County Commissioners, the Board 6 months after the last annual payment prior ticable extent consistent with Federal re- of Nye County Commissioners, and the to the receipt of spent fuel under paragraph quirements governing transportation of haz- Caliente City Council. Such map and legal (1)(A), such first spent fuel payment under ardous materials, transportation of spent nu- description shall have the same force and ef- paragraph (1)(B) shall be reduced by an clear fuel and high-level radioactive waste fect as if they were included in this Act. The amount equal to 1⁄2 of such annual payment through populated areas, beginning not later Secretary may correct clerical and typo- under paragraph (1)(A) for each full month than November 30, 1999, and, by that date, graphical errors and legal descriptions and less than 6 that has not elapsed since the last shall, in consultation with the Secretary of make minor adjustments in the boundaries. annual payment under paragraph (1)(A). Transportation, develop and implement a ‘‘(f) IMPROVEMENTS.—The Secretary shall ‘‘(5) RESTRICTIONS.—The Secretary may comprehensive management plan that en- make improvements to existing roadways se- not restrict the purposes for which the pay- sures that safe transportation of spent nu- lected for heavy-haul truck transport be- ments under this section may be used. clear fuel and high-level radioactive waste tween Caliente, Nevada, and the interim ‘‘(6) DISPUTE.—In the event of a dispute from the sites designated by the contract storage facility site as necessary to facili- concerning such agreement, the Secretary holders to the interim storage facility site tate year-round safe transport of spent nu- shall resolve such dispute, consistent with beginning not late than November 30, 1999. clear fuel and high-level radioactive waste. this Act and applicable State law. ‘‘(b) TRANSPORTATION PLANNING.—In con- ‘‘(g) LOCAL GOVERNMENT INVOLVEMENT.— ‘‘(7) CONSTRUCTION.—The signature of the junction with the development of the The Commission shall enter into a Secretary on a valid benefits agreement logistical plan in accordance with subsection Memorandumm of Understanding with the under this section shall constitute a commit- (a), the Secretary shall update and modify, City of Caliente and Lincoln County, Ne- ment by the United States to make pay- as necessary, the Secretary’s transportation vada, to provide advice to the Commission ments in accordance with such agreement institutional plans to ensure that institu- regarding intermodal transfer and to facili- under section 401(c)(2). tional issues are addressed and resolved on a tate on-site representation. Reasonable ex- ‘‘(j) INITIAL LAND CONVEYANCES.— schedule to support the commencement of penses of such representation shall be paid ‘‘(1) CONVEYANCE OF PUBLIC LANDS.—One transportation of spent nuclear fuel and by the Secretary. hundred and twenty days after enactment of high-level radioactive waste to the interim ‘‘(h) BENEFITS AGREEMENT.— this Act, all right, title and interest of the storage facility no later than November 30, S8878 CONGRESSIONAL RECORD — SENATE July 25, 1996 1999. Among other things, such planning thority under other provisions of law, in con- suitable for development as a repository, in- shall provide a schedule and process for ad- sultation with the Secretary of Labor and cluding geologic and engineered barriers, be- dressing and implementing, as necessary, the Commission, shall promulgate a regula- cause of a substantial likelihood that a re- transportation routing plans, transportation tion establishing training standards applica- pository of useful size cannot be designed, li- contracting plans, transportation training in ble to workers directly involved in the re- censed, and constructed at the Yucca Moun- accordance with section 203, and public edu- moval and transportation of spent nuclear tain site. cation regarding transportation of spent nu- fuel and high-level radioactive waste. The ‘‘(C) No later than June 30, 1998, the Sec- clear fuel and high level radioactive waste; regulation shall specify minimum training retary shall provide to the President and to and transportation tracking programs. standards applicable to workers, including the Congress a viability assessment of the ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS. managerial personnel. The regulation shall Yucca Mountain site. The viability assess- ‘‘(a) PACKAGE CERTIFICATION.—No spent nu- require that the employer possess evidence ment shall include clear fuel or high-level radioactive waste of satisfaction of the applicable training ‘‘(i) the preliminary design concept for the may be transported by or for the Secretary standard before any individual may be em- critical elements of the repository and waste under this Act except in packages that have ployed in the removal and transportation of package, ‘‘(ii) a total system performance assess- been certified for such purposes by the Com- spent nuclear fuel and high-level radioactive ment, based upon the design concept and the mission. waste. scientific data and analysis available by ‘‘(b) STATE NOTIFICATION.—The Secretary ‘‘(2) If the Secretary of Transportation de- June 30, 1998, describing the probable behav- shall abide by regulations of the Commission termines, in promulgating the regulation re- ior of the repository in the Yucca Mountain regarding advance notification of State and quired by subparagraph (1), that regulations geologic setting relative to the overall sys- local governments prior to transportation of promulgated by the Commission establish tem performance standard set forth in sec- spent nuclear fuel or high-level radioactive adequate training standards for workers, tion 205(d) of this Act, waste under this Act. then the Secretary of Transportation can re- ‘‘(iii) a plan and cost estimate for the re- ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- frain from promulgating additional regula- maining work required to complete a license retary shall provide technical assistance and tions with respect to worker training in such application, and funds to States, units of local government, activities. The Secretary of Transportation and the Commission shall work through ‘‘(iv) an estimate of the costs to construct and Indian tribes through whose jurisdiction and operate the repository in accordance the Secretary plans to transport substantial their Memorandum of Understanding to en- sure coordination of worker training stand- with the design concept amounts of spent nuclear fuel or high-level ‘‘(D) Within 18 months of a determination ards and to avoid duplicative regulation. radioactive waste for training for public by the President that the Yucca Mountain ‘‘(3) The training standards required to be safety officials of appropriate units of local site is unsuitable for development as a repos- promulgated under subparagraph (1) shall, government. The Secretary shall also pro- itory under paragraph (B), the President among other things deemed necessary and vide technical assistance and funds for train- shall designate a site for the construction of appropriate by the Secretary of Transpor- ing directly to national nonprofit employee an interim storage facility. If the President tation, include the following provisions— organizations which demonstrate experience does not designate a site for the construction ‘‘(A) a specified minimum number of hours in implementing and operating worker of an interim storage facility, or the con- of initial off site instruction and actual field health and safety training and education struction of an interim storage facility at experience under the direct supervision of a programs and demonstrate the ability to the designated site is not approved by law trained, experienced supervisor; reach and involve in training programs tar- within 24 months of the President’s deter- ‘‘(B) a requirement that onsite managerial get populations of workers who are or will be mination that the Yucca Mountain site is personnel receive the same training as work- directly engaged in the transportation of not suitable for development as a repository, ers, and a minimum number of additional spent nuclear fuel and high-level radioactive the Secretary shall begin construction of an hours of specialized training pertinent to waste, or emergency response or post-emer- interim storage facility at the interim stor- their managerial responsibilities; and gency response with respect to such trans- age facility site as defined in section 2(19) of ‘‘(C) a training program applicable to per- portation. Training shall cover procedures this Act. The interim storage facility site as sons responsible for responding to and clean- required for safe routine transportation of defined in section 2(19) of this Act shall be ing up emergency situations occurring dur- these materials, as well as procedures for deemed to be approved by law for purposes of ing the removal and transportation of spent dealing with emergency response situations, this section. nuclear fuel and high-level radioactive and shall be consistent with any training ‘‘(2) Upon the designation of an interim waste. standards established by the Secretary of storage facility site by the President under ‘‘(4) There is authorized to be appropriated Transportation in accordance with sub- paragraph (1)(D), the Secretary shall proceed to the Secretary of Transportation, from section (g). The Secretary’s duty to provide forthwith and without further delay with all general revenues, such sums as may be nec- technical and financial assistance under this activities necessary to begin storing spent essary to perform his duties under this sub- subsection shall be limited to amounts speci- nuclear fuel and high-level radioactive waste section. fied in annual appropriations. at an interim storage facility at the des- ‘‘(d) PUBLIC EDUCATION.—The Secretary ‘‘SEC. 204. INTERIM STORAGE. ignated site, except that the Secretary shall shall conduct a program to educate the pub- ‘‘(a) AUTHORIZATION.—The Secretary shall not begin any construction activities at the lic regarding the transportation of spent nu- design, construct, and operate a facility for designated interim storage facility site be- clear fuel and high-level radioactive waste, the interim storage of spent nuclear fuel and fore the designated interim storage facility with an emphasis upon those States, units of high-level radioactive waste at the interim site is approved by law. local government, and Indian tribes through storage facility site. The interim storage fa- ‘‘(c) DESIGN.— whose jurisdiction the Secretary plans to cility shall be subject to licensing pursuant ‘‘(1) The interim storage facility shall be transport substantial amounts of spent nu- to the Atomic Energy Act of 1954 in accord- designed in two phases in order to commence clear fuel or high-level radioactive waste. ance with the Commission’s regulations gov- operations no later than November 30, 1999. ‘‘(e) COMPLIANCE WITH TRANSPORTATION erning the licensing of independent spent The design of the interim storage facility REGULATIONS.—Any person that transports fuel storage installations, which regulations shall provide for the use of storage tech- spent nuclear fuel or high-level radioactive shall be amended by the Commission as nec- nologies, licensed, approved, or certified by waste under the Nuclear Waste Policy Act of essary to implement the provisions of this the Commission for use at the interim stor- 1986, pursuant to a contract with the Sec- Act. The interim storage facility shall com- age facility as necessary to ensure compat- retary, shall comply with all requirements mence operation in phases in accordance ibility between the interim storage facility governing such transportation issued by the with subsection (b). and contract holders’ spent nuclear fuel and federal, state and local governments, and In- ‘‘(b) SCHEDULE.—(1) The Secretary shall facilities, and to facilitate the Secretary’s dian tribes, in the same way and to the same proceed forthwith and without further delay ability to meet the Secretary’s obligations extent that any person engaging in that with all activities necessary to begin storing under this Act. transportation that is in or affects interstate spent nuclear fuel and high-level radioactive ‘‘(2) The Secretary shall consent to an commerce must comply with such require- waste at the interim storage facility at the amendment to the contracts to provide for ments, as required by 49 U.S.C. sec. 5126. interim storage facility site by November 30, reimbursement to contract holders for trans- ‘‘(f) EMPLOYEE PROTECTION.—Any person 1999, except that: portable storage systems purchased by con- engaged in the interstate commerce of spent ‘‘(A) The Secretary shall not begin any tract holders if the Secretary determines nuclear fuel or high-level radioactive waste construction activities at the interim stor- that it is cost effective to use such trans- under contract to the Secretary pursuant to age facility site before December 31, 1998. portable storage systems as part of the inte- this Act shall be subject to and comply fully ‘‘(B) The Secretary shall cease all activi- grated management system, provided that with the employee protection provisions of ties (except necessary termination activi- the Secretary shall not be required to expend 49 U.S.C. 20109 and 49 U.S.C. 31105. ties) at the Yucca Mountain site if the Presi- any funds to modify contract holders’ stor- ‘‘(g) TRAINING STANDARD.—(1) No later than dent determines, in his discretion, on or be- age or transport systems or to seek addi- 12 months after the date of enactment of the fore December 31, 1998, based on a preponder- tional regulatory approvals in order to use Nuclear Waste Policy Act of 1996, the Sec- ance of the information available at such such systems. retary of Transportation, pursuant to au- time, that the Yucca Mountain site is un- ‘‘(d) LICENSING.— July 25, 1996 CONGRESSIONAL RECORD — SENATE S8879

‘‘(1) PHASES.—The interim storage facility spent nuclear fuel from civilian nuclear ‘‘(h) WASTE CONFIDENCE.—The Secretary’s shall be licensed by the Commission in two power reactors established under section obligation to construct and operate the in- phases in order to commence operations no 507(a), the following radioactive materials: terim storage facility in accordance with later than November 30, 1999. ‘‘(A) spent nuclear fuel or high-level radio- this section and the Secretary’s obligation ‘‘(2) FIRST PHASE.—No later than 12 months active waste of domestic origin from civilian to develop an integrated management sys- after the date of enactment of the Nuclear nuclear power reactors that have perma- tem in accordance with the provisions of this Waste Policy Act of 1996, the Secretary shall nently ceased operation on or before the date Act, shall provide sufficient and independent submit to the Commission an application for of enactment of the Nuclear Waste Policy grounds for any further findings by the Com- a license for the first phase of the interim Act of 1996; mission of reasonable assurance that spent storage facility. The Environmental Report ‘‘(B) spent nuclear fuel from foreign re- nuclear fuel and high-level radioactive waste and Safety Analysis Report submitted in search reactors, as necessary to promote will be disposed of safely and on a timely support of such license application shall be non-proliferation objectives; and basis for purposes of the Commission’s deci- consistent with the scope of authority re- ‘‘(C) spent nuclear fuel, including spent nu- sion to grant or amend any license to oper- quested in the license application. The li- clear fuel from naval reactors, and high-level ate any civilian nuclear power reactor under cense issued for the first phase of the interim radioactive waste from atomic energy de- the Atomic Energy Act of 1954 (42 U.S.C. 2011, storage facility shall have a term of 20 years. fense activities. et seq.) ‘‘(f) NATIONAL ENVIRONMENTAL POLICY ACT The interim storage facility licensed in the ‘‘(i) STORAGE OF OTHER SPENT NUCLEAR OF 9169.— first phase shall have a capacity of not more FUEL AND HIGH-LEVEL RADIOACTIVE WASTE.— ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI- than 15,000 MTU. The Commission shall issue No later than 18 months following the date TIES.—The Secretary’s and President’s ac- a final decision granting or denying the ap- of enactment of the Nuclear Waste Policy tivities under this section, including, but not plication for the first phase license no later Act of 1996, the Commission shall, by rule, limited to, the selection of a site for the in- than 16 months from the date of the submit- establish criteria for the storage in the in- terim storage facility, assessments, deter- tal of the application for such license. terim storage facility of fuel and waste list- minations and designations made under sec- ‘‘(3) SECOND PHASE.—No later than 30 ed in paragraph(e)(3)(A) through (C), to the tion 204(b), the preparation and submittal of months after the date of enactment of the extent such criteria are not included in regu- a license application and supporting docu- Nuclear Waste Policy Act of 1996, the Sec- lations issued by the Commission and exist- mentation, the construction of a facility retary shall submit to the Commission an ing on the date of enactment of the Nuclear under paragraph (e)(1) of this section, and fa- application for a license for the second phase Waste Policy Act of 1996. Following estab- cility use pursuant to paragraph (e)(2) of this interim storage facility. The license for the lishment of such criteria, the Secretary shall section shall be considered preliminary deci- second phase facility shall authorize a stor- seek authority, as necessary, to store fuel sionmaking activities for purposes of judi- age capacity of 40,000 MTU. If the Secretary and waste listed in paragraph (e)(3)(A) cial review. The Secretary shall not prepare does not submit the license application for through (C) at the interim storage facility. an environmental impact statement under construction of a repository by February 1, None of the activities carried out pursuant section 102(2)(C) of the National Environ- 2002, or does not begin full spent nuclear fuel to this paragraph shall delay, or otherwise mental Policy Act of 1969 (42 U.S.C. receipt operations at a repository by Janu- affect, the development, construction, li- 4332(2)(C)) or any environmental review ary 17, 2010, the license shall authorize a censing, or operation of the interim storage under subparagraph (E) or (F) of such Act be- storage capacity of 60,000 MTU. The license facility. application shall be submitted such that the fore conducting these activities. ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— ‘‘(j) SAVINGS CLAUSE.—The Commission license can be issued to permit the second shall, by rule, establish procedures for the li- phase facility to begin full spent nuclear fuel ‘‘(A) FINAL DECISION.—A final decision by the Commission to grant or deny a license censing of any technology for the dry stor- receipt operations no later than December age of spent nuclear fuel by rule and with- 31, 2002. The license for the second phase application for the first or second phase of the interim storage facility shall be accom- out, to the maximum extent possible, the shall have an initial term of up to 100 years, need for site-specific approvals by the Com- and shall be renewable for additional terms panied by an Environmental Impact State- ment prepared under section 102(2)(C) of the mission. Nothing in this Act shall affect any upon application of the Secretary. such procedures, or any licenses or approvals ‘‘(e) ADDITIONAL AUTHORITY.— National Environmental Policy Act of 1969 issued pursuant to such procedures in effect ‘‘(1) CONSTRUCTION.—For purposes of com- (42 U.S.C. 4332(2)). In preparing such Environ- on the date of enactment. plying with this section, the Secretary may mental Impact Statement, the Commission— commence site preparation for the interim ‘‘(i) shall ensure that the scope of the Envi- ‘‘SEC. 205. PERMANENT REPOSITORY. storage facility as soon as practicable after ronmental Impact Statement is consistent ‘‘(a) REPOSITORY CHARACTERIZATION.— the date of enactment of the Nuclear Waste with the scope of the licensing action; and ‘‘(1) GUIDELINES.—The guidelines promul- Policy Act of 1996 and shall commence con- ‘‘(ii) shall analyze the impacts of the trans- gated by the Secretary and published at 10 struction of each phase of the interim stor- portation of spent nuclear fuel and high-level CFR part 960 are annulled and revoked and age facility subsequent to submittal of the radioactive waste to the interim storage fa- the Secretary shall make no assumptions or license application for such phase except cility in a generic manner. conclusions about the licensability of the ‘‘(B) CONSIDERATIONS.—Such Environ- that the Commission shall issue an order Yucca Mountain site as a repository by ref- mental Impact Statement shall not con- suspending such construction at any time if erence to such guidelines. sider— the Commission determines that such con- ‘‘(2) SITE CHARACTERIZATION ACTIVITIES.— ‘‘(i) the need for the interim storage facil- The Secretary shall carry out appropriate struction poses an unreasonable risk to pub- ity, including any individual component lic health and safety or the environment. site characterization activities at the Yucca thereof; Mountain site in accordance with the Sec- The Commission shall terminate all or part ‘‘(ii) the time of the initial availability of retary’s program approach to site character- of such order upon a determination that the the interim storage facility; Secretary has taken appropriate action to ‘‘(iii) any alternatives to the storage of ization. The Secretary shall modify or elimi- eliminate such risk. spent nuclear fuel and high-level radioactive nate those site characterization activities ‘‘(2) FACILITY USE.—Notwithstanding any waste at the interim storage facility; designed only to demonstrate the suitability otherwise applicable licensing requirement, ‘‘(iv) any alternatives to the site of the fa- of the site under the guidelines referenced in the Secretary may utilize any facility owned cility as designated by the Secretary in ac- paragraph (1). by the Federal Government on the date of cordance with subsection (a); ‘‘(3) SCHEDULE DATE.—Consistent with the enactment of the Nuclear Waste Policy Act ‘‘(v) any alternatives to the design criteria schedule set forth in the program approach, of 1996 within the boundaries of the interim for such facility or any individual compo- as modified to be consistent with the Nu- storage facility site, in connection with an nent thereof, as specified by the Secretary in clear Waste Policy Act of 1996, no later than imminent and substantial endangerment to the license application; or February 1, 2002, the Secretary shall apply to public health and safety at the interim stor- ‘‘(vi) the environmental impacts of the the Commission for authorization to con- age facility prior to commencement of oper- storage of spent nuclear fuel and high-level struct a repository. If, at any time prior to ations during the second phase. radioactive waste at the interim storage fa- the filing of such application, the Secretary ‘‘(3) EMPLACEMENT OF FUEL AND WASTE.— cility beyond the initial term of the license determines that the Yucca Mountain site Subject to paragraph (i), once the Secretary or the term of the renewal period for which cannot satisfy the Commission’s regulations has achieved the annual acceptance rate for a license renewal application is made. applicable to the licensing of a geologic re- spent nuclear fuel from civilian nuclear ‘‘(g) JUDICIAL REVIEW.—Judicial review of pository, the Secretary shall terminate site power reactors established pursuant to the the Commission’s environmental impact characterization activities at the site, notify contracts executed prior to the date of en- statement under the National Environ- Congress and the State of Nevada of the Sec- actment of the Nuclear Waste Policy Act of mental Policy Act of 1969 (42 U.S.C. 4321 et retary’s determination and the reasons 1996, as set forth in the Secretary’s annual seq.) shall be consolidated with judicial re- therefor, and recommend to Congress not capacity report dated March, 1995 (DOE/RW– view of the Commission’s licensing decision. later than 6 months after such determina- 0457), the Secretary shall accept, in an No court shall have jurisdiction to enjoin the tion further actions, including the enact- amount not less than 25 percent of the dif- construction or operation of the interim ment of legislation, that may be needed to ference between the contractual acceptance storage facility prior to its final decision on manage the Nation’s spent nuclear fuel and rate and the annual emplacement rate for review of the Commission’s licensing action. high-level radioactive waste. S8880 CONGRESSIONAL RECORD — SENATE July 25, 1996

‘‘(4) MAXIMIZING CAPACITY.—In developing nuclear fuel or high-level radioactive waste ‘‘(4) ADDITIONAL ANALYSIS.—The Commis- an application for authorization to construct as is necessary to provide the Secretary with sion shall analyze the overall system per- the repository, the Secretary shall seek to sufficient confirmatory data on repository formance through the use of probabilistic maximize the capacity of the repository, in performance to reasonably confirm the basis evaluations that use best estimate assump- the most cost-effective manner, consistent for repository closure consistent with appli- tions, data, and methods for the period com- with the need for disposal capacity. cable regulations. mencing after the first 1,000 years of oper- ‘‘(b) REPOSITORY LICENSING.—Upon the ‘‘(d) REPOSITORY LICENSING STANDARDS.— ation of the repository and terminating at completion of any licensing proceeding for The Administrator of the Environmental 10,000 years after the commencement of oper- the first phase of the interim storage facil- Protection Agency shall, pursuant to author- ation of the repository. ity, the Commission shall amend its regula- ity under other provisions of law, issue gen- ‘‘(e) NATIONAL ENVIRONMENTAL POLICY tions governing the disposal of spend nuclear erally applicable standards for the protec- ACT.— fuel and high-level radioactive waste in geo- tion of the public from releases of radio- ‘‘(1) SUBMISSION OF STATEMENT.—Construc- logic repositories to the extent necessary to active materials or radioactivity from the tion and operation of the repository shall be comply with this Act. Subject to subsection repository. Such standards shall be consist- considered a major Federal action signifi- (c), such regulations shall provide for the li- ent with the overall system performance cantly affecting the quality of the human en- censing of the repository according to the standard established by this subsection un- vironment for purposes of the National Envi- following procedures: less the Administrator determines by rule ronmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(1) CONSTRUCTION AUTHORIZATION.—The that the overall system performance stand- et seq.). The Secretary shall submit an envi- Commission shall grant the Secretary a con- ard would constitute an unreasonable risk to ronmental impact statement on the con- struction authorization for the repository health and safety. The Commission’s reposi- struction and operation of the repository to upon determining that there is reasonable tory licensing determinations for the protec- the Commission with the license application assurance that spent nuclear fuel and high- tion of the public shall be based solely on a and shall supplement such environmental level radioactive waste can be disposed of in finding whether the repository can be oper- impact statement as appropriate. the repository— ated in conformance with the overall system ‘‘(2) CONSIDERATIONS.—For purposes of ‘‘(A) in conformity with the Secretary’s performance standard established in para- complying with the requirements of the Na- application, the provisions of this Act, and graph (1), applied in accordance with the pro- tional Environmental Policy Act of 1969 and the regulations of the Commission; visions of paragraph (2), and the Administra- this section, the Secretary shall not consider ‘‘(B) without reasonable risk to the health tor’s radiation protection standards. The in the environmental impact statement the and safety of the public; and Commission shall amend its regulations in need for the repository, or alternative sites ‘‘(C) consistent with the common defense accordance with subsection (b) to incor- or designs for the repository. and security: porate each of the following licensing stand- ‘‘(3) ADOPTION BY COMMISSION.—The Sec- ‘‘(2) LICENSE.—Following substantial com- ards: retary’s environmental impact statement pletion of construction and the filing of any ‘‘(1) ESTABLISHMENT OF OVERALL SYSTEM and any supplements thereto shall, to the ex- additional information needed to complete PERFORMANCE STANDARD.—The standard for tent practicable, be adopted by the Commis- the license application, the Commission protection of the public from release of ra- sion in connection with the issuance by the shall issue a license to dispose of spent nu- dioactive material or radioactivity from the Commission of a construction authorization clear fuel and high-level radioactive waste in repository shall prohibit releases that would under subsection (b)(1), a license under sub- the repository if the Commission determines expose an average member of the general section (b)(2), or a license amendment under that the repository has been constructed and population in the vicinity of the Yucca subsection (b)(3). To the extent such state- will operate— Mountain site to an annual dose in excess of ment or supplement is adopted by the Com- ‘‘(A) in conformity with the Secretary’s 100 millirems unless the Commission deter- mission, such adoption shall be deemed to application, the provisions of this Act, and mines by rule that such standard would con- also satisfy the responsibilities of the Com- the regulations of the Commission; stitute an unreasonable risk to health and mission under the National Environmental ‘‘(B) without unreasonable risk to the safety and establishes by rule another stand- Policy Act of 1969, and no further consider- health and safety of the public; and ard which will protect health and safety. ation shall be required, except that nothing ‘‘(C) consistent with the common defense Such standard shall constitute an overall in this subsection shall affect any independ- and security. system performance standard. ent responsibilities of the Commission to ‘‘(2) APPLICATION OF OVERALL SYSTEM PER- ‘‘(3) CLOSURE.—After emplacing spent nu- protect the public health and safety under FORMANCE STANDARD.—The Commission shall clear fuel and high-level radioactive waste in the Atomic Energy Act of 1954. In any such issue the license if it finds reasonable assur- the repository and collecting sufficient con- statement or supplement prepared with re- ance that for the first 1,000 years following firmatory data on repository performance to spect to the repository, the Commission the commencement of repository operations, reasonably confirm the basis for repository shall not consider the need for a repository, closure consistent with the Commission’s the overall system performance standard will be met based on a probabilistic evalua- or alternate sites or designs for the reposi- regulations applicable to the licensing of a tion, as appropriate, of compliance with the tory. repository, as modified in accordance with ‘‘(f) JUDICIAL REVIEW.—No court shall have overall system performance standard in this Act, the Secretary shall apply to the jurisdiction to enjoin issuance of the Com- paragraph (1). Commission to amend the license to permit mission repository licensing regulations ‘‘(3) FACTORS.—For purposes of making the permanent closure of the repository. The finding in paragraph (2)— prior to its final decision on review of such Commission shall grant such license amend- ‘‘(A) the Commission shall not consider regulations. ment upon finding that there is reasonable catastrophic events where the health con- ‘‘SEC. 206. LAND WITHDRAWAL. assurance that the repository can be perma- sequences of individual events themselves ‘‘(a) WITHDRAWAL AND RESERVATION.— nently closed— can be reasonably assumed to exceed the ‘‘(1) WITHDRAWAL.—Subject to valid exist- ‘‘(A) in conformity with the Secretary’s health consequences due to the impact of the ing rights, the interim storage facility site application to amend the license, the provi- events on repository performance; and the Yucca Mountain site, as described in sions of this Act, and the regulations of the ‘‘(B) for the purpose of this section, an av- subsection (b), are withdrawn from all forms Commission; erage member of the general population in of entry, appropriation, and disposal under ‘‘(B) without unreasonable risk to the the vicinity of the Yucca Mountain site the public land laws, including the mineral health and safety of the public; and means a person whose physiology, age, gen- leasing laws, the geothermal leasing laws, ‘‘(C) consistent with the common defense eral health, agricultural practices, eating the material sale laws, and the mining laws. and security. habits, and social behavior represent the av- ‘‘(2) JURISDICTION.—Jurisdiction of any ‘‘(4) POST-CLOSURE.—The Secretary shall erage for persons living in the vicinity of the land within the interim storage facility site take those actions necessary and appropriate site. Extremes in social behavior, eating and the Yucca Mountain site managed by the at the Yucca Mountain site to prevent any habits, or other relevant practices or charac- Secretary of the Interior or any other Fed- activity at the site subsequent to repository teristics shall not be considered; and eral officer is transferred to the Secretary. closure that poses an unreasonable risk of— ‘‘(C) the Commission shall assume that, ‘‘(3) RESERVATION.—The interim storage fa- ‘‘(A) breaching the repository’s engineered following repository closure, the inclusion of cility site and the Yucca Mountain site are or geologic barriers; or engineered barriers and the Secretary’s post- reserved for the use of the Secretary for the ‘‘(B) increasing the exposure of individual closure actions at the Yucca Mountain site; construction and operation, respectively, of members of the public to radiation beyond in accordance with subsection (b)(4), shall be the interim storage facility and the reposi- the release standard established in sub- sufficient to— tory and activities associated with the pur- section (d)(1). ‘‘(i) prevent any human activity at the site poses of this title. ‘‘(c) MODIFICATION OF REPOSITORY LICENS- that poses an unreasonable risk of breaching ‘‘(b) LAND DESCRIPTION.— ING PROCEDURE.—The Commission’s regula- the repository’s engineered or geologic bar- ‘‘(1) BOUNDARIES.—The boundaries depicted tions shall provide for the modification of riers; and on the map entitled ‘‘Interim Storage Facil- the repository licensing procedure, as appro- ‘‘(ii) prevent any increase in the exposure ity Site Withdrawal Map,’’ dated March 13, priate, in the event that the Secretary seeks of individual members of the public to radi- 1996, and on file with the Secretary, are es- a license to permit the emplacement in the ation beyond the allowable limits specified tablished as the boundaries of the Interim repository, on a retrievable basis, of spent in paragraph (1). Storage Facility site. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8881

‘‘(2) BOUNDARIES.—The boundaries depicted quest assistance under this section by pre- Map 6: Beatty Landfill/Transfer Station on the map entitled ‘Yucca Mountain Site paring and submitting to the Secretary a re- Site Withdrawal Map,’ dated July 9, 1996, and on port on the economic, social, public health Map 7: Round Mountain Landfill Site file with the Secretary, are established as and safety, and environmental impacts that Map 8: Tonopah Landfill Site the boundaries of the Yucca Mountain site. are likely to result from activities of the in- Map 9: Gabbs Landfill Site. ‘‘(3) CONSTRUCTION.—The maps and legal ‘‘(3) NOTICE AND MAPS.—Within 6 months of tegrated management system. descriptions of special conveyances referred the date of the enactment of the Nuclear ‘‘(d) OTHER ASSISTANCE.— Waste Policy Act of 1996, the Secretary ‘‘(1) TAXABLE AMOUNTS.—In addition to fi- to in subsection (b) shall have the same force shall— nancial assistance provided under this sub- and effect as if they were included in this ‘‘(A) publish in the Federal Register a no- section, the Secretary is authorized to grant Act. The Secretary may correct clerical and tice containing a legal description of the in- any affected Indian tribe or affected unit of typographical errors in the maps and legal terim storage facility site; and local government an amount each fiscal year descriptions and make minor adjustments in the boundaries of the sites. ‘‘(B) file copies of the maps described in equal to the amount such affected Indian ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon paragraph (1), and the legal description of tribe or affected unit of local government, the request of the County of Nye, Nevada, the interim storage facility site with the respectively, would receive if authorized to the Secretary of the Interior shall provide Congress, the Secretary of the Interior, the tax integrated management system activi- evidence of title transfer. Governor of Nevada, and the Archivist of the ties, as such affected Indian tribe or affected ‘‘TITLE IV—FUNDING AND United States. unit of local government taxes the non-Fed- ORGANIZATION ‘‘(4) NOTICE AND MAPS.—Concurrent with eral real property and industrial activities the Secretary’s application to the Commis- occurring within such affected unit of local ‘‘SEC. 401. PROGRAM FUNDING. sion for authority to construct the reposi- government. ‘‘(a) CONTRACTS.— tory, the Secretary shall— ‘‘(2) TERMINATION. Such grants shall con- ‘‘(1) AUTHORITY OF SECRETARY.—In the per- ‘‘(A) publish in the Federal Register a no- tinue until such time as all such activities, formance of the Secretary’s functions under tice containing a legal description of the development, and operations are terminated this Act, the Secretary is authorized to enter Yucca Mountain site; and at such site. into contracts with any person who gen- ‘‘(B) file copies of the maps described in ‘‘(3) ASSISTANCE TO INDIAN TRIBES AND erates or holds title to spent nuclear fuel or high level radioactive waste of domestic ori- paragraph (2), and the legal description of UNITS OR LOCAL GOVERNMENT.— the Yucca Mountain site with the Congress, ‘‘(A) Period.—Any affected Indian tribe or gin for the acceptance of title and posses- the Secretary of the Interior, the Governor affected unit of local government may not sion, transportation, interim storage, and of Nevada, and the Archivist of the United receive any grant under paragraph (1) after disposal of such waste or spent fuel. Such States. the expiration of the 1-year period following contracts shall provide for payment of an- ‘‘(5) CONSTRUCTION.—The maps and legal the date on which the Secretary notifies the nual fees to the Secretary in the amounts set descriptions of the interim storage facility affected Indian tribe or affected unit of local by the Secretary pursuant to paragraphs (2) site and the Yucca Mountain site referred to government of the termination of the oper- and (3). Except as provided in paragraph (3), in this subsection shall have the same force ation of the integrated management system. fees assessed pursuant to this paragraph and effect as if they were included in this ‘‘(B) ACTIVITIES.—Any affected Indian tribe shall be paid to the Treasury of the United Act. The Secretary may correct clerical and or affected unit of local government may not States and shall be available for use by the typographical errors in the maps and legal receive any further assistance under this sec- Secretary pursuant to this section until ex- descriptions and make minor adjustments in tion if the integrated management system pended. Subsequent to the date of enactment the boundaries of the sites. activities at such site are terminated by the of the Nuclear Waste Policy Act of 1996, the contracts executed under section 302(a) of ‘‘TITLE III—LOCAL RELATIONS Secretary or if such activities are perma- nently enjoined by any court. the Nuclear Waste Policy Act of 1982 shall ’’SEC. 301. FINANCIAL ASSISTANCE. continue in effect under this Act, provided ‘‘(a) GRANTS.—The Secretary is authorized ‘‘SEC. 302. ON-SITE REPRESENTATIVE. that the Secretary shall consent to an ‘‘The Secretary shall offer to the unit of to make grants to any affected Indian tribe amendment to such contracts as necessary or affected unit of local government for pur- local government within whose jurisdiction a to implement the provisions of this Act. poses of enabling the affected Indian tribe or site for an interim storage facility or reposi- ‘‘(2) ANNUAL FEES.— affected unit of local government— tory is located under this Act an opportunity ‘‘(A) For electricity generated by civilian ‘‘(1) to review activities taken with respect to designate a representative to conduct on- nuclear power reactors and sold between to the Yucca Mountain site for purposes of site oversight activities at such site. The January 7, 1983, and September 30, 2002, the determining any potential economic, social, Secretary is authorized to pay the reason- fee under paragraph (1) shall be equal to 1.0 public health and safety, and environmental able expenses of such representative. mill per kilowatt hour generated and sold. impacts of the integrated management sys- ‘‘SEC. 303. ACCEPTANCE OF BENEFITS. For electricity generated by civilian nuclear tem on the affected Indian tribe or the af- ‘‘(a) CONSENT.—The acceptance or use of power reactors and sold on or after October fected unit of local government and its resi- any of the benefits provided under this title 1, 2002, the aggregate amount of fees col- dents; by any affected Indian tribe or affected unit lected during each fiscal year shall be no ‘‘(2) to develop a request for impact assist- of local government shall not be deemed to greater than the annual level of appropria- ance under subsection (c); be an expression of consent, express, or im- tions for expenditures on those activities ‘‘(3) to engage in any monitoring, testing, plied, either under the Constitution of the consistent with subsection (d) for that fiscal or evaluation activities with regard to such State or any law thereof, to the siting of an year, minus— site; interim storage facility or repository in the ‘‘(i) any unobligated balance collected pur- ‘‘(4) to provide information to residents re- State of Nevada, any provision of such Con- suant to this section during the previous fis- garding any activities of the Secretary, or stitution or laws to the contrary notwith- cal year; and the Commission with respect to such site; standing. ‘‘(ii) the percentage of such appropriation and ‘‘(b) ARGUMENTS.—Neither the United required to be funded by the Federal Govern- ‘‘(5) to request information from, and make States nor any other entity may assert any ment pursuant to section 403. comments and recommendations to, the Sec- argument based on legal or equitable estop- The Secretary shall determine the level of retary regarding any activities taken with pel, or acquiescence, or waiver, or consensual the annual fee for each civilian nuclear respect to such site. involvement, in right under the statutes and power reactor based on the amount of elec- ‘‘(b) SALARY AND TRAVEL EXPENSES.—Any regulations existing at the date of enact- tricity generated and sold, except that the salary or travel expense that would ordi- ment of this Act, unless Nye County and the annual fee collected under this subparagraph narily be incurred by any affected Indian affected holder of the permit or lease nego- shall not exceed 1.0 mill per kilowatt-hour tribe or affected unit of local government tiate an agreement that allows for an earlier generated and sold. may not be considered eligible for funding conveyance. ‘‘(B) EXPENDITURES IF SHORTFALL.—If, dur- under this section. ‘‘(b) SPECIAL CONVEYANCES.—Notwith- ing any fiscal year on or after October 1, ‘‘(c) FINANCIAL AND TECHNICAL ASSIST- standing any other law, the following public 2002, the aggregate amount of fees assessed ANCE.— lands depicted on the maps and legal descrip- pursuant to subparagraph (A) is less than the ‘‘(1) ASSISTANCE REQUESTS.—The Secretary tions dated October 11, 1995, and on file with annual level of appropriations for expendi- is authorized to offer to provide financial the Secretary shall be conveyed under sub- tures on those activities specified in sub- and technical assistance to any affected In- section (a) to the County of Nye, Nevada: section (d) for that fiscal year, minus— dian tribe or affected unit of local govern- Map 1: Proposed Pahrump Industrial Park ‘‘(i) any unobligated balance collected pur- ment requesting such assistance. Such as- Site suant to this section during the previous fis- sistance shall be designed to mitigate the Map 2: Proposed Lathrop Wells (Gate 510) cal year; and impact on the affected Indian tribe or af- Industrial Park Site ‘‘(ii) the percentage of such appropriations fected unit of local government of the devel- Map 3: Pahrump Landfill Sites required to be funded by the Federal Govern- opment of the integrated management sys- Map 4: Amargosa Valley Regional Landfill ment pursuant to section 403, tem. Site the Secretary may make expenditures from ‘‘(2) REPORT.—Any affected Indian tribe or Map 5: Amargosa Valley Municipal Land- the Nuclear Waste Fund up to the level of affected unit of local government may re- fill Site the fees assessed. S8882 CONGRESSIONAL RECORD — SENATE July 25, 1996

‘‘(C) RULES.—The Secretary shall, by rule, Code) may be disposed of by the Secretary in an Office of Civilian Radioactive Waste Man- establish procedures necessary to implement the repository unless the generator or owner agement. The Office shall be headed by a Di- this paragraph. of such spent fuel or waste has entered into rector, who shall be appointed by the Presi- ‘‘(3) ONE-TIME FEE.—For spent nuclear fuel a contract under subsection (a) with the Sec- dent, by and with the advice and consent of or solidified high-level radioactive waste de- retary by not later than the date on which the Senate, and who shall be compensated at rived from spent nuclear fuel, which fuel was such generator or owner commences genera- the rate payable for level IV of the Executive used to generate electricity in a civilian nu- tion of, or takes title to, such spent fuel or Schedule under section 5315 of title 5, United clear power reactor prior to January 7, 1983, waste. States Code. the fee shall be in an amount equivalent to ‘‘(3) ASSIGNMENT.—The rights and duties of ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director an average charge of 1.0 mill per kilowatt- contract holders are assignable. of the Office shall be responsible for carrying hour for electricity generated by such spent ‘‘(c) NUCLEAR WASTE FUND.— out the functions of the Secretary under this nuclear fuel, or such solidified high-level ‘‘(1) IN GENERAL.—The Nuclear Waste Fund Act, subject to the general supervision of the waste derived therefrom. Payment of such established in the Treasury of the United Secretary. The Director of the Office shall be one-time fee prior to the date of enactment States under section 302(c) of the Nuclear directly responsible to the Secretary. of the Nuclear Waste Policy Act of 1996 shall Waste Policy Act of 1982 shall continue in ef- ‘‘SEC. 403. FEDERAL CONTRIBUTION. satisfy the obligation imposed under this fect under this Act and shall consist of— ‘‘(a) ALLOCATION.—No later than one year paragraph. Any one-time fee paid and col- ‘‘(A) the existing balance in the Nuclear from the date of enactment of the Nuclear lected subsequent to the date of enactment Waste Fund on the date of enactment of the Waste Policy Act of 1996, acting pursuant to of the Nuclear Waste Policy Act of 1996 pur- Nuclear Waste Policy Act of 1996; and section 553 of title 5, United States Code, the suant to the contracts, including any inter- ‘‘(B) all receipts, proceeds, and recoveries Secretary shall issue a final rule establish- est due pursuant to such contracts, shall be realized under subsections (a), and (c)(3) sub- ing the appropriate portion of the costs of paid to the Nuclear Waste Fund no later sequent to the date of enactment of the Nu- managing spent nuclear fuel and high-level than September 30, 2002. The Commission clear Waste Policy Act of 1996, which shall be radioactive waste under this Act allocable to shall suspend the license of any licensee who deposited in the Nuclear Waste Fund imme- the interim storage or permanent disposal of fails or refuses to pay the full amount of the diately upon their realization. spent nuclear fuel and high-level radioactive ‘‘(2) USE.—The Secretary may make ex- fee referred to in this paragraph on or before waste from atomic energy defense activities penditures from the Nuclear Waste Fund, September 30, 2002, and the license shall re- and spent nuclear fuel from foreign research subject to subsections (d) and (e), only for main suspended until the full amount of the reactors. The share of costs allocable to the purposes of the integrated management sys- fee referred to in this paragraph is paid. The management of spent nuclear fuel and high- tem. person paying the fee under this paragraph level radioactive waste from atomic energy ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE to the Secretary shall have no further finan- defense activities and spent nuclear fuel FUND.— cial obligation to the Federal Government from foreign research reactors shall include, ‘‘(A) IN GENERAL.—The Secretary of the for the long-term storage and permanent dis- ‘‘(1) an appropriate portion of the costs as- Treasury shall hold the Nuclear Waste Fund posal of spent fuel or high-level radioactive sociated with research and development ac- and, after consultation with the Secretary, waste derived from spend nuclear fuel used tivities with respect to development of an in- annually report to the Congress on the finan- to generate electricity in a civilian power re- terim storage facility and repository; and cial condition and operations of the Nuclear actor prior to January 7, 1983. ‘‘(2) as appropriate, interest on the prin- Waste Fund during the preceding fiscal year. ‘‘(4) ADJUSTMENTS TO FEE.—The Secretary cipal amounts due calculated by reference to ‘‘(B) AMOUNTS IN EXCESS OF CURRENT shall annually review the amount of the fees the appropriate Treasury bill rate as if the NEEDS.—If the Secretary determines that the established by paragraphs (2) and (3), to- payments were made at a point in time con- Nuclear Waste Fund contains at any time gether with the existing balance of the Nu- sistent with the payment dates for spent nu- amounts in excess of current needs, the Sec- clear Waste Fund on the date of enactment clear fuel and high-level radioactive waste retary may request the Secretary of the of the Nuclear Waste Policy Act of 1996, to under the contracts. Treasury to invest such amounts, or any por- evaluate whether collection of the fee will ‘‘(b) APPROPRIATION REQUEST.—In addition tion of such amounts as the Secretary deter- provide sufficient revenues to offset the to any request for an appropriation from the mines to be appropriate, in obligations of the costs as defined in subsection (c)(2). In the Nuclear Waste Fund, the Secretary shall re- United States— event the Secretary determines that the rev- quest annual appropriations from general ‘‘(i) having maturities determined by the enues being collected are either insufficient revenues in amounts sufficient to pay the Secretary of the Treasury to be appropriate or excessive to recover the costs incurred by costs of the management of spent nuclear the Federal Government that are specified in to the needs of the Nuclear Waste Fund; and ‘‘(ii) bearing interest at rates determined fuel and high-level radioactive waste from subsection (c)(2), the Secretary shall propose to be appropriate by the Secretary of the atomic energy defense activities and spent an adjustment to the fee in subsection (c)(2) Treasury, taking into consideration the cur- nuclear fuel from foreign research reactors, to ensure full cost recovery. The Secretary rent average market yield on outstanding as established under subsection (a). shall immediately transmit the proposal for ‘‘(c) REPORT.—In conjunction with the an- marketable obligations of the United States such an adjustment to both houses of Con- nual report submitted to Congress under with remaining periods to maturity com- gress. Section 702, the Secretary shall advise the parable to the maturities of such invest- ‘‘(b) ADVANCE CONTRACTING REQUIRE- Congress annually of the amount of spent ments, except that the interest rate on such MENT.— nuclear fuel and highlevel radioactive waste investments shall not exceed the average in- ‘‘(1) IN GENERAL.— from atomic energy defense activities and terest rate applicable to existing borrowings. ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—The spent nuclear fuel from foreign research re- ‘‘(C) EXEMPTION.—Receipts, proceeds, and Commission shall not issue or renew a li- actors, requiring management in the inte- cense to any person to use a utilization or recoveries realized by the Secretary under this section, and expenditures of amounts grated management system. production facility under the authority of ‘‘(d) AUTHORIZATION.—There is authorized from the Nuclear Waste Fund, shall be ex- section 103 or 104 of the Atomic Energy Act to be appropriated to the Secretary, from empt from annual apportionment under the of 1954 (42 U.S.C. 2133, 2134) unless— general revenues, for carrying out the pur- provisions of subchapter II of chapter 15 of ‘‘(i) such person has entered into a con- poses of this Act, such sums as may be nec- title 31, United States Code. tract under subsection (a) with the Sec- essary to pay the costs of the management of ‘‘(d) BUDGET.—The Secretary shall submit retary, or spent nuclear fuel and high-level radioactive ‘‘(ii) the Secretary affirms in writing that the budget for implementation of the Sec- waste from atomic energy defense activities such person is actively and in good faith ne- retary’s responsibilities under this Act to and spend nuclear fuel from foreign research gotiating with the Secretary for a contract the Office of Management and Budget annu- reactors, as established under subsection (a). under this section. ally along with the budget of the Depart- ‘‘(B) PRECONDITION.—The Commission, as it ment of Energy submitted at such time in ‘‘TITLE V—GENERAL AND deems necessary or appropriate, may require accordance with chapter 11 of title 31, United MISCELLANEOUS PROVISIONS as a precondition to the issuance or renewal States Code. The budget shall consist of the ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. of a license under section 103 or 104 of the estimates made by the Secretary of expendi- ‘‘If the requirements of any law are incon- Atomic Energy Act of 1954 (42 U.S.C. 2133, tures under this Act and other relevant fi- sistent with or duplicative of the require- 2134) that the applicant for such license shall nancial matters for the succeeding 3 fiscal ments of the Atomic Energy Act and this have entered into an agreement with the years, and shall be included in the budget of Act, the Secretary shall comply only with Secretary for the disposal of spent nuclear the United States Government. the requirements of the Atomic Energy Act fuel and high-level radioactive waste that ‘‘(e) APPROPRIATIONS.—The Secretary may and this Act in implementing the integrated may result from the use of such license. make expenditures from the Nuclear Waste management system. Any requirement of a ‘‘(2) DISPOSAL IN REPOSITORY.—Except as Fund, subject to appropriations, which shall State or political subdivision of a State is provided in paragraph (1), no spent nuclear remain available until expended. preempted if— fuel or high-level radioactive waste gen- ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE ‘‘(1) complying with such requirements and erated or owned by any person (other than a WASTE MANAGEMENT. a requirement of this Act is impossible, or department of the United States referred to ‘‘(a) ESTABLISHMENT.—There hereby is es- ‘‘(2) such requirement, as applied or en- in section 101 or 102 of title 5, United States tablished within the Department of Energy forced, is an obstacle to accomplishing or July 25, 1996 CONGRESSIONAL RECORD — SENATE S8883 carrying out this Act or a regulation under mitted by the parties during oral argument, activities with respect to a second repository this Act. the Commission shall only consider those unless Congress has specifically authorized ‘‘SEC. 502. JUDICIAL REVIEW OF AGENCY AC- facts and data that are submitted in the and appropriated funds for such activities. TIONS. form of sworn testimony or written submis- ‘‘(b) REPORT.—The Secretary shall report ‘‘(a) JURISDICTION OF THE UNITED STATES sion. to the President and to Congress on or after COURTS OF APPEALS.— ‘‘(b) ADJUDICATORY HEARING.— January 1, 2007, but not later than January 1, ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDIC- ‘‘(1) DESIGNATION.—At the conclusion of 2010, on the need for a second repository. TION.—Except for review in the Supreme any oral argument under subsection (a), the ‘‘SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW- Court of the United States, and except as Commission shall designate any disputed LEVEL RADIOACTIVE WASTE SITE otherwise provided in this Act, the United question of fact, together with any remain- CLOSURE. States courts of appeals shall have original ing questions of law, for resolution in an ad- ‘‘(a) FINANCIAL ARRANGEMENTS.— and exclusive jurisdiction over any civil ac- judicatory hearing if it determines that— ‘‘(1) STANDARDS AND INSTRUCTIONS.—The tion— ‘‘(A) there is a genuine and substantial dis- Commission shall establish by rule, regula- ‘‘(A) for review of any final decision or ac- pute of fact which can only be resolved with tion, or order, after public notice, and in ac- tion of the Secretary, the President, or the sufficient accuracy by the introduction of cordance with section 181 of the Atomic En- Commission under this Act; evidence in an adjudicatory hearing; and ergy Act of 1954 (42 U.S.C. 2231), such stand- ‘‘(B) alleging the failure of the Secretary, ‘‘(B) the decision of the Commission is ards and instructions as the Commission the President, or the Commission to make likely to depend in whole or in part on the may deem necessary or desirable to ensure in any decision, or take any action, required resolution of such dispute. the case of each license for the disposal of ‘‘(2) DETERMINATION.—In making a deter- under this Act; low-level radioactive waste that an adequate mination under this subsection, the Commis- ‘‘(C) challenging the constitutionality of bond, surety, or other financial arrangement sion— any decision made, or action taken, under (as determined by the Commission) will be ‘‘(A) shall designate in writing the specific any provision of this Act; or provided by a licensee to permit completion facts that are in genuine and substantial dis- ‘‘(D) for review of any environmental im- of all requirements established by the Com- pute, the reason why the decision of the pact statement prepared or environmental mission for the decontamination, decommis- agency is likely to depend on the resolution assessment pursuant to the National Envi- sioning, site closure, and reclamation of of such facts, and the reason why an adju- ronmental Policy Act of 1969 (42 U.S.C. 4321 sites, structures, and equipment used in con- dicatory hearing is likely to resolve the dis- et seq.) with respect to any action under this junction with such low-level radioactive pute; and waste. Such financial arrangements shall be Act or alleging a failure to prepare such ‘‘(B) shall not consider— statement with respect to any such action. provided and approved by the Commission, ‘‘(i) any issue relating to the design, con- or, in the case of sites within the boundaries ‘‘(2) VENUE.—The venue of any proceeding struction, or operation of any civilian nu- under this section shall be in the judicial cir- of any agreement State under section 274 of clear power reactor already licensed to oper- the Atomic Energy Act of 1954 (42 U.S.C. cuit in which the petitioner involved resides ate at such site, or any civilian nuclear or has its principal office, or in the United 2021), by the appropriate State or State en- power reactor to which a construction per- tity, prior to issuance of licenses for low- States Court of Appeals for the District of mit has been granted at such site, unless the Columbia Circuit. level radioactive waste disposal or, in the Commission determines that any such issue case of licenses in effect on January 7, 1983, ‘‘(b) DEADLINE FOR COMMENCING ACTION.—A substantially affects the design, construc- civil action for judicial review described prior to termination of such licenses. tion, or operation of the facility or activity ONDING, SURETY, OR OTHER FINANCIAL under subsection (a)(1) may be brought no ‘‘(2) B for which such license application, author- ARRANGEMENTS.—If the Commission deter- later than 180 days after the date of the deci- ization, or amendment is being considered; mines that any long-term maintenance or sion or action or failure to act involved, as or monitoring, or both, will be necessary at a the case may be, except that if a party shows ‘‘(ii) any siting or design issue fully consid- site described in paragraph (1), the Commis- that he did not know of the decision or ac- ered and decided by the Commission in con- sion shall ensure before termination of the tion complained of (or of the failure to act), nection with the issuance of a construction license involved that the licensee has made and that a reasonable person acting under permit or operating license for a civilian nu- available such bonding, surety, or other fi- the circumstances would not have known, clear power reactor at such site, unless— nancial arrangements as may be necessary such party may bring a civil action no later ‘‘(I) such issue results from any revision of to ensure that any necessary long-term than 180 days after the date such party ac- siting or design criteria by the Commission maintenance or monitoring needed for such quired actual or constructive knowledge or following such decision; and site will be carried out by the person having such decision, action, or failure to act. ‘‘(II) the Commission determines that such title and custody for such site following li- ‘‘(c) APPLICATION OF OTHER LAW.—The pro- issue substantially affects the design, con- visions of this section relating to any matter cense termination. struction, or operation of the facility or ac- ‘‘(b) TITLE AND CUSTODY.— shall apply in lieu of the provisions of any tivity for which such license application, au- ‘‘(1) AUTHORITY OF SECRETARY.—The Sec- other Act relating to the same matter. thorization, or amendment is being consid- retary shall have authority to assume title ‘‘SEC. 503. LICENSING OF FACILITY EXPANSIONS ered. and custody of low-level radioactive waste AND TRANSSHIPMENTS. ‘‘(3) APPLICATION.—The provisions of para- and the land on which such waste is disposed ‘‘(a) ORAL ARGUMENT.—In any Commission graph (2)(B) shall apply only with respect to of, upon request of the owner of such waste hearing under section 189 of the Atomic En- licenses, authorizations, or amendments to and land and following termination of the li- ergy Act of 1954 (42 U.S.C. 2239) on an appli- licenses or authorizations, applied for under cense issued by the Commission for such dis- cation for a license, or for an amendment to the Atomic Energy Act of 1954 (42 U.S.C. 2011 posal, if the Commission determines that— an existing license, filed after January 7, et seq.) before December 31, 2005. ‘‘(A) the requirements of the Commission 1983, to expand the spent nuclear fuel storage ‘‘(4) CONSTRUCTION.—The provisions of this for site closure, decommissioning, and de- capacity at the site of a civilian nuclear section shall not apply to the first applica- contamination have been met by the licensee power reactor, through the use of high-den- tion for a license or license amendment re- involved and that such licensee is in compli- sity fuel storage racks, fuel rod compaction, ceived by the Commission to expand onsite ance with the provisions of subsection (a); the transshipment of spent nuclear fuel to spent fuel storage capacity by the use of a ‘‘(B) such title and custody will be trans- another civilian nuclear power reactor with- new technology not previously approved for ferred to the Secretary without cost to the in the same utility system, the construction use at any nuclear power plant by the Com- Federal Government; and of additional spent nuclear fuel pool capac- mission. ‘‘(C) Federal ownership and management of ity or dry storage capacity, or by other ‘‘(c) JUDICIAL REVIEW.—No court shall hold such site is necessary or desirable in order to means, the Commission shall, at the request unlawful or set aside a decision of the Com- protect the public health and safety, and the of any party, provide an opportunity for oral mission in any proceeding described in sub- environment. argument with respect to any matter which section (a) because of a failure by the Com- ‘‘(2) PROTECTION.—If the Secretary assumes the Commission determines to be in con- mission to use a particular procedure pursu- title and custody of any such waste and land troversy among the parties. The oral argu- ant to this section unless— under this subsection, the Secretary shall ment shall be preceded by such discovery ‘‘(1) an objection to the procedure used was maintain such waste and land in a manner procedures as the rules of the commission presented to the Commission in a timely that will protect the public health and safe- shall provide. The Commission shall require fashion or there are extraordinary cir- ty, and the environment. each party, including the Commission staff, cumstances that excuse the failure to ‘‘(c) SPECIAL SITES.—If the low-level radio- to submit in written form, at the time of the present a timely objection; and active waste involved is the result of a li- oral argument, a summary of the facts, data, ‘‘(2) the court finds that such failure has censed activity to recover zirconium, haf- and arguments upon which such party pro- precluded a fair consideration and informed nium, and rare earths from source material, poses to rely that are known at such time to resolution of a significant issue of the pro- the Secretary, upon request of the owner of such party. Only facts and data in the form ceeding taken as a whole. the site involved, shall assume title and cus- of sworn testimony or written submission ‘‘SEC. 504. SITING A SECOND REPOSITORY. tody of such waste and the land on which it may be relied upon by the parties during oral ‘‘(a) CONGRESSIONAL ACTION REQUIRED.— is disposed when such site has been decon- argument. Of the materials that may be sub- The Secretary may not conduct site-specific taminated and stabilized in accordance with S8884 CONGRESSIONAL RECORD — SENATE July 25, 1996 the requirements established by the Com- taminate the sodium-cooled fast breeder ex- ‘‘(III) an entity performing spent nuclear mission and when such owner has made ade- perimental test-site reactor located in fuel or high-level radioactive waste activi- quate financial arrangements approved by northwest Arkansas. ties under contract with the Department of the Commission for the long-term mainte- ‘‘(b) FUNDING.—No funds from the Nuclear Energy. nance and monitoring of such site. Waste Fund may be used for the Decommis- ‘‘(4) VACANCIES.—Any vacancy on the ‘‘SEC. 506. NUCLEAR REGULATORY COMMISSION sioning Pilot Program. Board shall be filled by the nomination and TRAINING AUTHORIZATION. ‘‘SEC. 510. WATER RIGHTS. appointment process described in paragraphs ‘‘The Commission is authorized and di- ‘‘a) NO FEDERAL RESERVATION.—Nothing in (1) and (3). rected to promulgate regulations, or other this Act or any other Act of Congress shall ‘‘(5) TERMS.—Members of the Board shall appropriate regulatory guidance, for the constitute or be construed to constitute ei- be appointed for terms of 4 years, each such training and qualifications of civilian nu- ther an express or implied Federal reserva- term to commence 120 days after December clear power plant operators, supervisors, tion of water or water rights for any purpose 22, 1987, except that of the 11 members first technicians, and other appropriate operating arising under this Act. appointed to the Board, 5 shall serve for 2 personnel. Such regulations or guidance ‘‘(b) ACQUISITION AND EXERCISE OF WATER years and 6 shall serve for 4 years, to be des- shall establish simulator training require- RIGHTS UNDER NEVADA LAW.—The United ignated by the President at the time of ap- ments for applicants for civilian nuclear States may acquire and exercise such water pointment, except that a member of the power plant operator licenses and for opera- rights as it deems necessary to carry out its Board whose term has expired may continue tor requalification programs; requirements responsibilities under this Act pursuant to to serve as a member of the Board until such governing Commission administration of re- the substantive and procedural requirements member’s successor has taken office. qualification examinations; requirements for of the State of Nevada. Nothing in this Act ‘‘SEC. 603. FUNCTIONS. operating tests at civilian nuclear power shall be construed to authorize the use of ‘‘The Board shall limit its evaluations to plant simulators, and instructional require- eminent domain by the United States to ac- the technical and scientific validity solely of ments for civilian nuclear power plant li- quire water rights for such lands. the following activities undertaken directly censee personnel training programs. ‘‘(c) EXERCISE OF WATER RIGHTS GEN- by the Secretary after December 22, 1987— ‘‘SEC. 507. EMPLACEMENT SCHEDULE. ERALLY UNDER NEVADA LAWS.—Nothing in ‘‘(1) site characterization activities; and ‘‘(2) activities of the Secretary relating to ‘‘(a) The emplacement schedule shall be this Act shall be construed to limit the exer- the packaging or transportation of spent nu- implemented in accordance with the follow- cise of water rights as provided under Ne- clear fuel or high-level radioactive waste. ing: vada State laws. ‘‘(1) Emplacement priority ranking shall ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL ‘‘SEC. 604. INVESTIGATORY POWERS. be determined by the Department’s annual REVIEW BOARD ‘‘(a) HEARINGS.—Upon request of the Chair- man or a majority of the members of the ‘Acceptance Priority Ranking’ report. ‘‘SEC. 601. DEFINITIONS. Board, the Board may hold such hearings, sit ‘‘(2) The Secretary’s spent fuel emplace- ‘‘For purposes of this title— and act at such times and places, take such ment rate shall be no less than the following: ‘‘(1) CHAIRMAN.—The term ‘Chairman’ 1,200 MTU in fiscal year 2000 and 1,200 MTU means the Chairman of the Nuclear Waste testimony, and receive such evidence, as the in fiscal year 2001; 2,000 MTU in fiscal year Technical Review Board. Board considers appropriate. Any member of 2002 and 2000 MTU in fiscal year 2003; 2,700 ‘‘(2) BOARD.—The term ‘Board’ means the the Board may administer oaths or affirma- MTU in fiscal year 2004; and 3,000 MTU annu- Nuclear Waste Technical Review Board con- tions to witnesses appearing before the ally thereafter. tinued under section 602. Board. The Secretary or the Secretary’s des- ignee or designees shall not required to ap- ‘‘(b) If the Secretary is unable to begin em- ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW placement by November 30, 1999 at the rates BOARD. pear before the Board or any element of the specified in subsection (a), or if the cumu- ‘‘(a) CONTINUATION OF THE NUCLEAR WASTE Board for more than twelve working days per lative amount emplaced in any year there- TECHNICAL REVIEW BOARD.—The Nuclear calendar year. after is less than that which would have been Waste Technical Review Board, established ‘‘(b) PRODUCTION OF DOCUMENTS.— ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re- accepted under the emplacement rate speci- under section 502(a) of the Nuclear Waste quest of the Chairman or a majority of the fied in subsection (a), the Secretary shall, as Policy Act of 1982 as constituted prior to the members of the Board, and subject to exist- a mitigation measure, adjust the emplace- date of enactment of the Nuclear Waste Pol- ing law, the Secretary (or any contractor of ment schedule upward such that within 5 icy Act of 1996, shall continue in effect subse- the Secretary) shall provide the Board with years of the start of emplacement by the quent to the date of enactment of the Nu- such records, files, papers, data, or informa- Secretary, clear Waste Policy Act of 1996. tion that is generally available to the public ‘‘(1) the total quantity accepted by the ‘‘(b) MEMBERS.— as may be necessary to respond to any in- Secretary is consistent with the total quan- ‘‘(1) NUMBER.—The Board shall consist of 11 tity that the Secretary would have accepted members who shall be appointed by the quiry of the Board under this title. ‘‘(2) EXTENT.—Subject to existing law, in- if the Secretary had began emplacement in President not later than 90 days after De- formation obtainable under paragraph (1) fiscal year 2000, and cember 22, 1987, from among persons nomi- may include drafts of products and docu- ‘‘(2) thereafter the emplacement rate is nated by the National Academy of Sciences mentation of work in progress. equivalent to the rate that would be in place in accordance with paragraph (3). pursuant to paragraph (a) above if the Sec- ‘‘(2) CHAIR.—The President shall designate ‘‘SEC. 605. COMPENSATION OF MEMBERS. retary had commenced emplacement in fis- a member of the Board to serve as Chairman. ‘‘(a) IN GENERAL.—Each member of the cal year 2000. ‘‘(3) NATIONAL ACADEMY OF SCIENCES.— Board shall be paid at the rate of pay pay- able for level III of the Executive Schedule ‘‘SEC. 508. TRANSFER OF TITLE. ‘‘(A) NOMINATIONS.—The National Academy for each day (including travel time) such ‘‘(a) Acceptance by the Secretary of any of Sciences shall, not later than 90 days after member is engaged in the work of the Board. spent nuclear fuel or high-level radioactive December 22, 1987, nominate not less than 22 ‘‘(b) TRAVEL EXPENSE.—Each member of waste shall constitute a transfer of title to persons for appointment to the Board from among persons who meet the qualifications the Board may receive travel expenses, in- the Secretary. cluding per diem in lieu of subsidence, in the ‘‘(b) No later than 6 months following the described in subparagraph (C). same manner as is permitted under sections date of enactment of the Nuclear Waste Pol- ‘‘(B) VACANCIES.—The National Academy of 5702 and 5703 of title 5, United States Code. icy Act of 1996, the Secretary is authorized Sciences shall nominate not less than 2 per- to accept all spent nuclear fuel withdrawn sons to fill any vacancy on the Board from ‘‘SEC. 606. STAFF. ‘‘(a) CLERICAL STAFF.— from Dairyland Power Cooperative’s La among persons who meet the qualifications described in subparagraph (C). ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to Crosse Reactor and, upon acceptance, shall paragraph (2), the Chairman may appoint provide Dairyland Power Cooperative with ‘‘(C) NOMINEES.— ‘‘(i) Each person nominated for appoint- and fix the compensation of such clerical evidence of the title transfer. Immediately ment to the Board shall be— staff as may be necessary to discharge the upon the Secretary’s acceptance of such ‘‘(I) eminent in a field of science or engi- responsibilities of the Board. spent nuclear fuel, the Secretary shall as- neering, including environmental sciences; ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff sume all responsibility and liability for the and shall be appointed subject to the provisions interim storage and permanent disposal ‘‘(II) selected solely on the basis of estab- of title 5, United States Code, governing ap- thereof and is authorized to compensate lished records of distinguished service. pointments in the competitive service, and Dairyland Power Cooperative for any costs ‘‘(ii) The membership of the Board shall be shall be paid in accordance with the provi- related to operating and maintaining facili- representatives of the broad range of sci- sions of chapter 51 and subchapter III of ties necessary for such storage from the date entific and engineering disciplines related to chapter 3 of such title relating to classifica- of acceptance until the Secretary removes activities under this title. tion and General Schedule pay rates. the spent nuclear fuel from the La Crosse ‘‘(iii) No person shall be nominated for ap- ‘‘(b) PROFESSIONAL STAFF.— Reactor site.’’ pointment to the Board who is an employee ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to ‘‘SEC. 509. DECOMMISSIONING PILOT PROGRAM. of— paragraphs (2) and (3), the Chairman may ap- ‘‘(a) AUTHORIZATION.—the Secretary is au- ‘‘(I) the Department of Energy; point and fix the compensation of such pro- thorized to establish a Decommissioning ‘‘(II) a national laboratory under contract fessional staff as may be necessary to dis- Pilot Program to decommission and decon- with the Department of Energy; or charge the responsibilities of the Board. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8885

‘‘(2) NUMBER.—Not more than 10 profes- ment consulting firm with significant expe- AMENDMENT NO. 5055 sional staff members may be appointed rience in similar audits of private corpora- Beginning on page 1, line 3, strike ‘‘Nu- under this subsection. tions engaged in large nuclear construction clear’’ and all that follows, and insert in lieu ‘‘(3) TITLE 5.—Professional staff members projects. The first such audit shall be con- thereof the following: ‘‘the Nuclear Waste may be appointed without regard to the pro- ducted 5 years after the enactment of the Policy Act of 1982 is amended to read as fol- visions of title 5, United States Code, govern- Nuclear Waste Policy Act of 1996. lows: ing appointments in the competitive service, ‘‘(3) COMPTROLLER GENERAL.—The Comp- ‘‘SECTION 1. SHORT TITLE AND TABLE OF CON- and may be paid without regard to the provi- troller General of the United States shall an- TENTS. sions of chapter 51 and subchapter III of nually make an audit of the Office, in ac- ‘‘(a) SHORT TITLE.—This Act may be cited chapter 53 of such title relating to classifica- cordance with such regulations as the Comp- as the ‘Nuclear Waste Policy Act of 1996’. tion and General Schedule pay rates, except troller General may prescribe. The Comp- ‘‘(b) TABLE OF CONTENTS.— that no individual so appointed may receive troller General shall have access to such ‘‘Sec. 1. Short title and table of contents. pay in excess of the annual rate of basic pay books, records, accounts, and other mate- ‘‘Sec. 2. Definitions. payable for GS–18 of the General Schedule. rials of the Office as the Comptroller General ‘‘TITLE I—OBLIGATIONS ‘‘SEC. 607. SUPPORT SERVICES. determines to be necessary for the prepara- tion of such audit. The Comptroller General ‘‘Sec. 101. Obligations of the Secretary of ‘‘(a) GENERAL SERVICES.—To the extent Energy. permitted by law and requested by the Chair- shall submit to the Congress a report on the man, the Administrator of General Services results of each audit conducted under this ‘‘TITLE II—INTEGRATED MANAGEMENT shall provide the Board with necessary ad- section. SYSTEM ministrative services, facilities, and support ‘‘(4) TIME.—No audit contemplated by this ‘‘Sec. 201. Intermodal transfer. on a reimbursable basis. subsection shall take longer than 30 days to ‘‘Sec. 202. Transportation planning. ‘‘(b) ACCOUNTING, RESEARCH, AND TECH- conduct. An audit report shall be issued in ‘‘Sec. 203. Transportation requirements. NOLOGY ASSESSMENT SERVICES.—The Comp- final form no longer than 60 days after the ‘‘Sec. 204. Interim storage. troller General and the Librarian of Congress audit is commenced. ‘‘Sec. 205. Permanent repository. shall, to the extent permitted by law and ‘‘(5) PUBLIC DOCUMENTS.—All audit reports ‘‘Sec. 206. Land withdrawal. subject to the availability of funds, provide shall be public documents and available to ‘‘TITLE III—LOCAL RELATIONS any individual upon request. the Board with such facilities, support, funds ‘‘Sec. 301. Financial assistance. and services, including staff, as may be nec- ‘‘(d) VALUE ENGINEERING.—The Secretary shall create a value engineering function ‘‘Sec. 302. On-Site representative. essary for the effective performance of the ‘‘Sec. 303. Acceptance of benefits. functions of the Board. within the Office of Civilian Radioactive Waste Management that reports directly to ‘‘Sec. 304. Restrictions on use of funds. ‘‘(c) ADDITIONAL SUPPORT.—Upon the re- ‘‘Sec. 305. Land of conveyances. quest of the Chairman, the Board may secure the Director, which shall carry out value en- directly from the head of any department or gineering functions in accordance with the ‘‘TITLE IV—FUNDING AND agency of the United States information nec- usual and customary practices of private ORGANIZATION essary to enable it to carry out this title. corporations engaged in large nuclear con- ‘‘Sec. 401. Program funding. ‘‘(d) MAILS.—The Board may use the Unit- struction projects. ‘‘Sec. 402. Office of Civilian Radioactive ed States mails in the same manner and ‘‘(e) SITE CHARACTERIZATION.—The Sec- Waste Management. under the same conditions as other depart- retary shall employ, on an on-going basis, in- ‘‘Sec. 403. Federal contribution. ments and agencies of the United States. tegrated performance modeling to identify ‘‘TITLE V—GENERAL AND ‘‘(e) EXPERTS AND CONSULTANTS.—Subject appropriate parameters for the remaining MISCELLANEOUS PROVISIONS site characterization effort and to eliminate to such rules as may be prescribed by the ‘‘Sec. 501. Compliance with other laws. studies of parameters that are shown not to Board, the Chairman may procure temporary ‘‘Sec. 502. Judicial review of agency ac- affect long-term repository performance. and intermittent services under section tions. 3109(b) of title 5 of the United States Code, ‘‘SEC. 702. REPORTING. ‘‘Sec. 503. Licensing of facility expansions but at rates for individuals not to exceed the ‘‘(a) INITIAL REPORT.—Within 180 days of and transshipments. daily equivalent of the maximum annual enactment of this section, the Secretary ‘‘Sec. 504. Siting a second repository. rate of basic pay payable for GS–18 of the shall report to Congress on its planned ac- ‘‘Sec. 505. Financial arrangements for low- General Schedule. tions for implementing the provisions of this level radioactive waste site closure. ‘‘SEC. 608. REPORT. Act, including the development of the Inte- ‘‘Sec. 506. Nuclear Regulatory Commission ‘‘The Board shall report not less than 2 grated Waste Management System. Such re- training authority. times per year to Congress and the Secretary port shall include— ‘‘Sec. 507. Emplacement schedule. its findings, conclusions, and recommenda- ‘‘(1) an analysis of the Secretary’s progress ‘‘Sec. 508. Transfer of title. tions. in meeting its statutory and contractual ob- ‘‘Sec. 509. Decommissioning pilot pro- ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. ligation to accept title to, possession of, and gram. ‘‘There are authorized to be appropriated delivery of spent nuclear fuel and high-level ‘‘Sec. 510. Water rights. radioactive waste beginning no later than for expenditures such as may be necessary to ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL November 30, 1999, and in accordance with carry out the provisions of this title. REVIEW BOARD the acceptance schedule; ‘‘SEC. 610. TERMINATION OF THE BOARD. ‘‘(2) a detailed schedule and timeline show- ‘‘Sec. 601. Definitions. ‘‘The Board shall cease to exist not later ing each action that the Secretary intends to ‘‘Sec. 602. Nuclear Waste Technical Review than one year after the date on which the take to meet the Secretary’s obligations Board. Secretary begins disposal of spent nuclear under this Act and the contracts; ‘‘Sec. 603. Functions. fuel or high-level radioactive waste in the re- ‘‘(3) a detailed description of the Sec- ‘‘Sec. 604. Investigatory powers. pository. retary’s contingency plans in the event that ‘‘Sec. 605. Compensation of members. ‘‘TITLE VII—MANAGEMENT REFORM the Secretary is unable to met the planned ‘‘Sec. 606. Staff. ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES. schedule and timeline; and ‘‘Sec. 607. Support services. ‘‘Sec. 608. Report. ‘‘(a) IN GENERAL.—The Secretary is di- ‘‘(4) an analysis by the Secretary of its rected to take actions as necessary to im- funding needs for fiscal years 1997 through ‘‘Sec. 609. Authorization of appropriations. prove the management of the civilian radio- 2001. ‘‘Sec. 610. Termination of the board. active waste management program to ensure ‘‘(b) ANNUAL REPORTS.—On each anniver- ‘‘TITLE VII—MANAGEMENT REFORM that the program is operated, by the maxi- sary of the submittal of the report required ‘‘Sec. 701. Management reform initiatives. mum extent practicable, in like manner as a by subsection (a), the Secretary shall make ‘‘Sec. 702. Reporting. private business. annual reports to the Congress for the pur- ‘‘Sec. 703. Effective date. ‘‘(b) AUDITS.— pose of updating the information contained ‘‘SECTION 2. DEFINITIONS. ‘‘(1) STANDARD.—The Office of Civilian Ra- in such report. The annual reports shall be ‘‘For purposes of this Act: dioactive Waste Management, its contrac- brief and shall notify the Congress of: ‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘ac- tors, and subcontractors at all tiers, shall ‘‘(1) any modifications to the Secretary’s cept’ and ‘acceptance’ mean the Secretary’s conduct, or have conducted, audits and ex- schedule and timeline for meeting its obliga- act of taking possession of spent nuclear fuel aminations of their operations in accordance tions under this Act; or high-level radioactive waste. with the usual and customary practices of ‘‘(2) the reasons for such modifications, ‘‘(2) AFFECTED INDIAN TRIBE.—The term private corporations engaged in large nu- and the status of the implementation of any ‘‘affected Indian tribe’’ means any Indian clear construction projects consistent with of the Secretary’s contingency plans; and tribe— its role in the program. ‘‘(3) the Secretary’s analysis of its funding ‘‘(A) whose reservation is surrounded by or ‘‘(2) TIME.—The management practices and needs for the ensuring 5 fiscal years. borders an affected unit of local government, performances of the Office of Civilian Radio- ‘‘SEC. 703. EFFECTIVE DATE. or active Waste Management shall be audited ‘‘This Act shall become effective two days ‘‘(B) whose federally defined possessory or every 5 years by an independent manage- after enactment.’’. usage rights to other lands outside of the S8886 CONGRESSIONAL RECORD — SENATE July 25, 1996 reservation’s boundaries arising out of con- ‘‘(A) the highly radioactive material re- posal of spent nuclear fuel and high-level ra- gressionally ratified treaties may be sub- sulting from the reprocessing of spent nu- dioactive waste, including both surface and stantially and adversely affected by the lo- clear fuel, including liquid waste produced subsurface areas at which spent nuclear fuel cating of an interim storage facility or a re- directly reprocessing and any solid material and high-level radioactive waste receipt, pository if the Secretary of the Interior derived from such liquid waste that contains handling, possession, safeguarding, and stor- finds, upon the petition of the appropriate fission products in sufficient concentrations; age are conducted. governmental officials of the tribe, that such and ‘‘(26) SECRETARY.—The term ‘Secretary’ effects are both substantial and adverse to ‘‘(B) other highly radioactive material that means the Secretary of Energy. the tribe. the Commission, consistent with existing ‘‘(27) SITE CHARACTERIZATION.—The term ‘‘(3) AFFECTED UNIT OF LOCAL GOVERN- law, determines by rule requires permanent ‘site characterization’ means activities, MENT.—The term ‘affected unit of local gov- isolation, which includes any low-level ra- whether in a laboratory or in the field, un- ernment’ means the unit of local government dioactive waste with concentrations of radio- dertaken to establish the geologic condition with jurisdiction over the site of a repository nuclides that exceed the limits established and the ranges of the parameters of a can- or interim storage facility. Such term may, by the Commission for class C radioactive didate site relevant to the location of a re- at the discretion of the Secretary, include waste, as defined by section 61.55 of title 10, pository, including borings, surface exca- other units of local government that are con- Code of Federal Regulations, as in effect on vations, excavations of exploratory facili- tiguous with such unit. January 26, 1983. ties, limited subsurface lateral excavations ‘‘(4) ATOMIC ENERGY DEFENSE ACTIVITY.— ‘‘(15) FEDERAL AGENCY.—The term ‘Federal and borings, and in situ testing needed to The term ‘atomic energy defense activity’ agency’ means any Executive agency, as de- evaluate the licensability of a candidate site means any activity of the Secretary per- fined in section 105 of title 5, United States for the location of a repository, but not in- formed in whole or in part in carrying out Code. cluding preliminary borings and geophysical any of the following functions: ‘‘(16) INDIAN TRIBE.—The term ‘Indian testing needed to assess whether site charac- ‘‘(A) Naval reactors development. tribe’ means any Indian tribe, band, nation, terization should be undertaken. ‘‘(B) Weapons activities including defense or other organized group or community of ‘‘(28) SPENT NUCLEAR FUEL.—The term inertial confinement fusion. Indians recognized as eligible for the services ‘spent nuclear fuel’ means fuel that has been ‘‘(C) Verification and control technology. provided to Indians by the Secretary of the withdrawn from a nuclear reactor following ‘‘(D) Defense nuclear materials production. Interior because of their status as Indians in- irradiation, the constituent elements of ‘‘(E) Defense nuclear waste and materials cluding any Alaska Native village, as defined which have not been separated by reprocess- byproducts management. in section 3(c) of the Alaska Native Claims ing. ‘‘(F) Defense nuclear materials security Settlement Act (43 U.S.C. 1602(c)). ‘‘(29) STORAGE.—The term ‘storage’ means and safeguards and security investigations. ‘‘(17) INTEGRATED MANAGEMENT SYSTEM.— retention of spent nuclear fuel or high-level ‘‘(G) Defense research and development. The term ‘integrated management system’ radioactive waste with the intent to recover ‘‘(5) CIVILIAN NUCLEAR POWER REACTOR.— means the system developed by the Sec- such waste or fuel for subsequent use, proc- The term ‘civilian nuclear power reactor’ retary for the acceptance, transportation, essing, or disposal. means a civilian nuclear power plant re- storage, and disposal of spent nuclear fuel ‘‘(30) WITHDRAWAL.—The term ‘withdrawal’ quired to be licensed under section 103 or 104 and high-level radioactive waste under title has the same definition as that set forth in b. of the Atomic Energy Act of 1954 (42 U.S.C. II of this Act. section 103(j) of the Federal Land Policy and 2133, 2134(b)). ‘‘(18) INTERIM STORAGE FACILITY.—The term Management Act of 1976 (43 U.S.C. 1702(j)). ‘‘(6) COMMISSION.—The term ‘Commission’ ‘interim storage facility’ means a facility de- ‘‘(31) YUCCA MOUNTAIN SITE.—The term means the Nuclear Regulatory Commission. signed and constructed for the receipt, han- ‘Yucca Mountain site’ means the area in the ‘‘(7) CONTRACTS.—The term ‘contracts’ dling, possession, safeguarding, and storage State of Nevada that is withdrawn and re- means the contracts, executed prior to the of spent nuclear fuel and high-level radio- served in accordance with this Act for the lo- date of enactment of the Nuclear Waste Pol- active waste in accordance with title II of cation of a repository. icy Act of 1996, under section 302(a) of the this Act. ‘‘TITLE I—OBLIGATIONS Nuclear Waste Policy Act of 1982, by the Sec- ‘‘(19) INTERIM STORAGE FACILITY SITE.—The ‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF retary and any person who generates or term ‘interim storage facility site’ means ENERGY. holds title to spent nuclear fuel or high-level the specific site within Area 25 of the Nevada ‘‘(a) DISPOSAL.—The Secretary shall de- radioactive waste of domestic origin for ac- Test Site that is designated by the Secretary velop and operate an integrated management ceptance of such waste or fuel by the Sec- and withdrawn and reserved in accordance system for the storage and permanent dis- retary and the payment of fees to offset the with this Act for the location of the interim posal of spent nuclear fuel and high-level ra- Secretary’s expenditures, and any subse- storage facility. dioactive waste. quent contracts executed by the Secretary ‘‘(2) LOW-LEVEL RADIOACTIVE WASTE.—The ‘‘(b) INTERIM STORAGE.—The Secretary pursuant to section 401(a) of this Act.’’ term ‘low-level radioactive waste’ means ra- shall store spent nuclear fuel and high-level ‘‘(8) CONTRACT HOLDERS.—The term ‘con- dioactive material that— radioactive waste from facilities designated tract holders’ means parties (other than the ‘‘(A) is not spent nuclear fuel, high-level by contract holders at an interim storage fa- Secretary) to contracts. radioactive waste, transuranic waste, or by- cility pursuant to section 204 in accordance ‘‘(9) DEPARTMENT.—The term ‘Department’ product material as defined in section 11 e.(2) with the emplacement schedule, beginning means the Department of Energy. of the Atomic Energy Act of 1954 (42 U.S.C. not later than November 30, 1999. ‘‘(10) DISPOSAL.—The term ‘disposal’ means 2014 (e)(2)); and ‘‘(c) TRANSPORTATION.—The Secretary shall the emplacement in a repository of spent nu- ‘‘(B) the Commission, consistent with ex- provide for the transportation of spent nu- clear fuel, high-level radioactive waste, or isting law, classifies as low-level radioactive clear fuel and high-level radioactive waste other highly radioactive material with no waste. accepted by the Secretary. The Secretary foreseeable intent of recovery, whether or ‘‘(21) METRIC TONS URANIUM.—The terms shall procure all systems and components not such emplacement permits recovery of ‘metric tons uranium’ and ‘MTU’ means the necessary to transport spent nuclear fuel and such material for any future purpose. amount of uranium in the original high-level radioactive waste from facilities ‘‘(11) DISPOSAL SYSTEM.—The term ‘dis- unirradiated fuel element whether or not the designated by contract holders to and among posal system’ means all natural barriers and spent nuclear fuel has been reprocessed. facilities comprising the Integrated Manage- engineered barriers, and engineered systems ‘‘(22) NUCLEAR WASTE FUND.—The terms ment System. Consistent with the Buy and components, that prevent the release of ‘Nuclear Waste Fund’ and ‘waste fund’ mean American Act (41 U.S.C. 10a–10c), unless the radionuclides from the repository. the nuclear waste fund established in the Secretary shall determine it to be inconsist- ‘‘(12) EMPLACEMENT SCHEDULE.—The term United States Treasury prior to the date of ent with the public interest, or the cost to be ‘emplacement schedule’ means the schedule enactment of this Act under section 302(c) of unreasonable, all such systems and compo- established by the Secretary in accordance the Nuclear Waste Policy Act of 1982. nents procured by the Secretary shall be with section 507(a) for emplacement of spent ‘‘(23) OFFICE.—The term ‘Office’ means the manufactured in the United States, with the nuclear fuel and high-level radioactive waste Office of Civilian Radioactive Waste Manage- exception of any transportable storage sys- at the interim storage facility. ment established within the Department tems purchased by contract holders prior to ‘‘(13) ENGINEERED BARRIERS AND ENGI- prior to the date of enactment of this Act the effective date of the Nuclear Waste Pol- NEERED SYSTEMS AND COMPONENTS.—The under the provisions of the Nuclear Waste icy Act of 1996 and procured by the Secretary terms ‘engineered barriers’ and ‘engineered Policy Act of 1982. from such contract holders for use in the in- systems and components,’ mean man-made ‘‘(24) PROGRAM APPROACH.—The term ‘pro- tegrated management system. components of a disposal system. These gram approach’ means the Civilian Radio- ‘‘(d) INTEGRATED MANAGEMENT SYSTEM.— terms include the spent nuclear fuel or high- active Waste Management Program Plan, The Secretary shall expeditiously pursue the level radioactive waste form, spent nuclear dated May 6, 1996, as modified by this Act, development of each component of the inte- fuel package or high-level radioactive waste and as amended from time to time by the grated management system, and in so doing package, and other materials placed over and Secretary in accordance with this Act. shall seek to utilize effective private sector around such packages. ‘‘(25) REPOSITORY.—The term ‘repository’ management and contracting practices. ‘‘(14) HIGH-LEVEL RADIOACTIVE WASTE.—The means a system designed and constructed ‘‘(e) PRIVATE SECTOR PARTICIPATION.—In term ‘high-level radioactive waste’ means— under title II of this Act for the geologic dis- administering the Integrated Management July 25, 1996 CONGRESSIONAL RECORD — SENATE S8887

System, the Secretary shall, to the maxi- regarding intermodal transfer and to facili- ‘‘(j) INITIAL LAND CONVEYANCES.— mum extent possible, utilize, employ, pro- tate on-site representation. Reasonable ex- ‘‘(1) CONVEYANCE OF PUBLIC LANDS.—One cure and contract with, the private sector to penses of such representation shall be paid hundred and twenty days after enactment of fulfill the Secretary’s obligations and re- by the Secretary. this Act, all right, title and interest of the quirements under this Act. ‘‘(h) BENEFITS AGREEMENT.— United States in the property described in ‘‘(f) PRE-EXISTING RIGHTS.—Nothing in this ‘‘(1) IN GENERAL.—The Secretary shall offer paragraph (2), and improvements thereon, to- Act is intended to or shall be construed to to enter into agreement with Lincoln Coun- gether with all necessary easements for util- modify— ty, Nevada concerning the integrated man- ities and ingress and egress to such property, ‘‘(1) any right of a contract holder under agement system. including, but not limited to, the right to section 302(a) of the Nuclear Waste Policy ‘‘(2) AGREEMENT CONTENT.—Any agreement improve those easements, are conveyed by Act of 1982, or under a contract executed shall contain such terms and conditions, in- operation of law to the County of Lincoln, prior to the date of enactment of this Act cluding such financial and institutional ar- Nevada, unless the county notifies the Sec- under that section; or rangements, as the Secretary and agreement retary of Interior or the head of such other ‘‘(2) obligations imposed upon the federal entity determine to be reasonable and appro- appropriate agency in writing within 60 days government by the U.S. District Court of priate and shall contain such provisions as of such date of enactment that it elects not Idaho in an order entered on October 17, 1995 are necessary to preserve any right to par- to take title to all or any part of the prop- in United States v. Batt (No. 91–0054–S–EJL). ticipation or compensation of Lincoln coun- erty, except that any lands conveyed to the ‘‘(g) LIABILITY.—Subject to subsection (f), ty, Nevada. County of Lincoln under this subsection that nothing in this Act shall be construed to ‘‘(3) AMENDMENT.—An agreement entered are subject to a Federal grazing permit or subject the United States to financial liabil- into under this subsection may be amended lease or a similar federally granted permit or ity for the Secretary’s failure to meet any only with the mutual consent of the parties lease shall be conveyed between 60 and 120 deadline for the acceptance or emplacement to the amendment and terminated only in days of the earliest time the Federal agency of spent nuclear fuel or high-level radio- accordance with paragraph (4). administering or granting the permit or ‘‘(4) TERMINATION.—The Secretary shall active waste for storage or disposal under lease would be able to legally terminate such terminate the agreement under this sub- this Act. right under the statutes and regulations ex- section if any major element of the inte- isting at the date of enactment of this Act, ‘‘TITLE II—INTEGRATED MANAGEMENT grated management system may not be com- unless Lincoln County and the affected hold- SYSTEM pleted. er of the permit or lease negotiate an agree- SEC. 201. INTERMODAL TRANSFER. ‘‘(5) LIMITATION.—Only 1 agreement may be ment that allows for an earlier conveyance. ‘‘(a) ACCESS.—The Secretary shall utilize in effect at any one time. ‘‘(2) SPECIAL CONVEYANCES.—Notwithstand- heavy-haul truck transport to move spent ‘‘(6) JUDICIAL REVIEW.—Decisions of the ing any other law, the following public lands nuclear fuel and high-level radioactive waste Secretary under this section are not subject depicted on the maps and legal descriptions from the mainline rail line at Caliente, Ne- to judicial review. dated October 11, 1995, shall be conveyed vada, to the interim storage facility site. ‘‘(i) CONTENT OF AGREEMENT.— under paragraph (1) to the County of Lin- ‘‘(b) CAPABILITY DATE.—The Secretary ‘‘(1) SCHEDULE.—In addition to the benefits shall develop the capability to commence to which Lincoln County is entitled to under coln, Nevada: rail to truck intermodal transfer at Caliente, this title, the Secretary shall make pay- Map 10: Lincoln County, Parcel M, Indus- Nevada, no later than November 30, 1999. ments under the benefits agreement in ac- trial Park Site Intermodal transfer and related activities cordance with the following schedule: Map 11: Lincoln County, Parcel F, Mixed are incidental to the interstate transpor- Use Industrial Site tation of spent nuclear fuel and high-level BENEFITS SCHEDULE Map 13: Lincoln County, Parcel J, Mixed radioactive waste. [Amounts in millions] Use, Alamo Community Expansion Area Map 14: Lincoln County, Parcel E, Mixed ‘‘(c) ACQUISTIONS.—The Secretary shall ac- quire lands and rights-of-way necessary to Event Payment Use, Pioche Community Expansion Area Map 15: Lincoln County, Parcel B, Landfill commence intermodal transfer at Caliente (A) Annual payments prior to first receipt of spent fuel ...... $2.5 Nevada. (B) Annual payments beginning upon first spent fuel receipt ..... 5 Expansion Site. ‘‘(3) CONSTRUCTION.—The maps and legal ‘‘(d) REPLACEMENTS.—The Secretary shall (C) Payment upon closure of the intermodal transfer facility ...... 5 acquire and develop on behalf of, and dedi- descriptions of special conveyances referred ‘‘(2) DEFINITIONS.—For purposes of this sec- cate to, the City of Caliente, Nevada, parcels to in paragraph (2) shall have the same force tion, the term— and effect as if they were included in this of land and right-of-way within Lincoln ‘‘(A) ‘spent fuel’ means high-level radio- County, Nevada, as required to facility re- Act. The Secretary may correct clerical and active waste or spent nuclear fuel; and typographical errors in the maps and legal placement replacement of land and city ‘‘(B) ‘first spent fuel receipt’ does not in- wastewater disposal facilities necessary to descriptions and make minor adjustments in clude receipt of spent fuel or high-level ra- the boundaries of the sites. commence intermodal transfer pursuant to dioactive waste for purposes of testing or this Act. Replacement of land and city ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon operational demonstration. the request of the County of Lincoln, Ne- wastewater disposal activities shall occur no ‘‘(3) ANNUAL PAYMENTS.—Annual payments later than November 30, 1999. vada, the Secretary of the Interior shall pro- prior to first spent fuel receipt under para- vide evidence of title transfer. ‘‘(3) NOTICE AND MAP.—Within 6 months of graph (1)(A) shall be made on the date of exe- the date of enactment of the Nuclear Waste cution of the benefits agreement and there- ‘‘SEC. 202. TRANSPORTATION PLANNING. Policy Act of 1996, the Secretary shall— after on the anniversary date of such execu- ‘‘(a) TRANSPORTATION READINESS.—The ‘‘(1) publish in the Federal Register a no- tion. Annual payments after the first spent Secretary shall take those actions that are tice containing a legal description of the fuel receipt until closure of the facility necessary and appropriate to ensure that the sites and rights-of-way to be acquired under under paragraph (1)(C) shall be made on the Secretary is able to transport safely spent this subsection; and anniversary date of such first spent fuel re- nuclear fuel and high-level radioactive waste ‘‘(2) file copies of a map of such sites and ceipt. from sites designated by the contract holders rights-of-way with the Congress, the Sec- ‘‘(4) REDUCTION.—If the first spent fuel pay- to mainline transportation facilities, using retary of the Interior, the State of Nevada, ment under paragraph (1)(B) is made within routes that minimize, to the maximum prac- the Archivist of the United States, the Board 6 months after the last annual payment prior ticable extent consistent with Federal re- of Lincoln County Commissioners, the Board to the receipt of spent fuel under paragraph quirements governing transportation of haz- of Nye County Commissioners, and the (1)(A), such first spent fuel payment under ardous materials, transportation of spent nu- Caliente City Council. Such map and legal paragraph (1)(B) shall be reduced by an clear fuel and high-level radioactive waste description shall have the same force and ef- amount equal to 1⁄2 of such annual payment through populated areas, beginning not later fect as if they were included in this Act. The under paragraph (1)(A) for each full month than November 30, 1999, and, by that date, Secretary may correct clerical and typo- less than 6 that has not elapsed since the last shall, in consultation with the Secretary of graphical errors and legal descriptions and annual payment under paragraph (1)(A). Transportation, develop and implement a make minor adjustments in the boundaries. ‘‘(5) RESTRICTIONS.—The Secretary may comprehensive management plan that en- ‘‘(f) IMPROVEMENTS.—The Secretary shall not restrict the purposes for which the pay- sures that safe transportation of spent nu- make improvements to existing roadways se- ments under this section may be used. clear fuel and high-level radioactive waste lected for heavy-haul truck transport be- ‘‘(6) DISPUTE.—In the event of a dispute from the sites designated by the contract tween Caliente, Nevada, and the interim concerning such agreement, the Secretary holders to the interim storage facility site storage facility site as necessary to facili- shall resolve such dispute, consistent with beginning not late than November 30, 1999. tate year-round safe transport of spent nu- this Act and applicable State law. ‘‘(b) TRANSPORTATION PLANNING.—In con- clear fuel and high-level radioactive waste. ‘‘(7) CONSTRUCTION.—The signature of the junction with the development of the ‘‘(g) LOCAL GOVERNMENT INVOLVEMENT.— Secretary on a valid benefits agreement logistical plan in accordance with subsection The Commission shall enter into a under this section shall constitute a commit- (a), the Secretary shall update and modify, Memorandumm of Understanding with the ment by the United States to make pay- as necessary, the Secretary’s transportation City of Caliente and Lincoln County, Ne- ments in accordance with such agreement institutional plans to ensure that institu- vada, to provide advice to the Commission under section 401(c)(2). tional issues are addressed and resolved on a S8888 CONGRESSIONAL RECORD — SENATE July 25, 1996

schedule to support the commencement of ‘‘(g) TRAINING STANDARD.—(1) No later than dent determines, in his discretion, on or be- transportation of spent nuclear fuel and 12 months after the date of enactment of the fore December 31, 1998, based on a preponder- high-level radioactive waste to the interim Nuclear Waste Policy Act of 1996, the Sec- ance of the information available at such storage facility no later than November 30, retary of Transportation, pursuant to au- time, that the Yucca Mountain site is un- 1999. Among other things, such planning thority under other provisions of law, in con- suitable for development as a repository, in- shall provide a schedule and process for ad- sultation with the Secretary of Labor and cluding geologic and engineered barriers, be- dressing and implementing, as necessary, the Commission, shall promulgate a regula- cause of a substantial likelihood that a re- transportation routing plans, transportation tion establishing training standards applica- pository of useful size cannot be designed, li- contracting plans, transportation training in ble to workers directly involved in the re- censed, and constructed at the Yucca Moun- accordance with section 203, and public edu- moval and transportation of spent nuclear tain site. cation regarding transportation of spent nu- fuel and high-level radioactive waste. The ‘‘(C) No later than June 30, 1998, the Sec- clear fuel and high level radioactive waste; regulation shall specify minimum training retary shall provide to the President and to and transportation tracking programs. standards applicable to workers, including the Congress a viability assessment of the ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS. managerial personnel. The regulation shall Yucca Mountain site. The viability assess- ‘‘(a) PACKAGE CERTIFICATION.—No spent nu- require that the employer possess evidence ment shall include clear fuel or high-level radioactive waste of satisfaction of the applicable training ‘‘(i) the preliminary design concept for the may be transported by or for the Secretary standard before any individual may be em- critical elements of the repository and waste under this Act except in packages that have ployed in the removal and transportation of package, been certified for such purposes by the Com- spent nuclear fuel and high-level radioactive ‘‘(ii) a total system performance assess- mission. waste. ment, based upon the design concept and the ‘‘(b) STATE NOTIFICATION.—The Secretary ‘‘(2) If the Secretary of Transportation de- scientific data and analysis available by shall abide by regulations of the Commission termines, in promulgating the regulation re- June 30, 1998, describing the probable behav- regarding advance notification of State and quired by subparagraph (1), that regulations ior of the repository in the Yucca Mountain local governments prior to transportation of promulgated by the Commission establish geologic setting relative to the overall sys- spent nuclear fuel or high-level radioactive adequate training standards for workers, tem performance standard set forth in sec- waste under this Act. then the Secretary of Transportation can re- tion 205(d) of this Act, ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- frain from promulgating additional regula- ‘‘(iii) a plan and cost estimate for the re- retary shall provide technical assistance and tions with respect to worker training in such maining work required to complete a license funds to States, units of local government, activities. The Secretary of Transportation application, and and Indian tribes through whose jurisdiction and the Commission shall work through ‘‘(iv) an estimate of the costs to construct the Secretary plans to transport substantial their Memorandum of Understanding to en- and operate the repository in accordance amounts of spent nuclear fuel or high-level sure coordination of worker training stand- with the design concept radioactive waste for training for public ards and to avoid duplicative regulation. ‘‘(D) Within 18 months of a determination safety officials of appropriate units of local ‘‘(3) The training standards required to be by the President that the Yucca Mountain government. The Secretary shall also pro- promulgated under subparagraph (1) shall, site is unsuitable for development as a repos- vide technical assistance and funds for train- among other things deemed necessary and itory under paragraph (B), the President ing directly to national nonprofit employee appropriate by the Secretary of Transpor- shall designate a site for the construction of organizations which demonstrate experience tation, include the following provisions— an interim storage facility. If the President in implementing and operating worker ‘‘(A) a specified minimum number of hours does not designate a site for the construction health and safety training and education of initial off site instruction and actual field of an interim storage facility, or the con- programs and demonstrate the ability to experience under the direct supervision of a struction of an interim storage facility at reach and involve in training programs tar- trained, experienced supervisor; the designated site is not approved by law get populations of workers who are or will be ‘‘(B) a requirement that onsite managerial within 24 months of the President’s deter- directly engaged in the transportation of personnel receive the same training as work- mination that the Yucca Mountain site is spent nuclear fuel and high-level radioactive ers, and a minimum number of additional not suitable for development as a repository, waste, or emergency response or post-emer- hours of specialized training pertinent to the Secretary shall begin construction of an gency response with respect to such trans- their managerial responsibilities; and interim storage facility at the interim stor- portation. Training shall cover procedures ‘‘(C) a training program applicable to per- age facility site as defined in section 2(19) of required for safe routine transportation of sons responsible for responding to and clean- this Act. The interim storage facility site as these materials, as well as procedures for ing up emergency situations occurring dur- defined in section 2(19 of this Act shall be dealing with emergency response situations, ing the removal and transportation of spent deemed to be approved by law for purposes of and shall be consistent with any training nuclear fuel and high-level radioactive this section. standards established by the Secretary of waste. ‘‘(2) Upon the designation of an interim Transportation in accordance with sub- ‘‘(4) There is authorized to be appropriated storage facility site by the President under section (g). The Secretary’s duty to provide to the Secretary of Transportation, from paragraph (1)(D), the Secretary shall proceed technical and financial assistance under this general revenues, such sums as may be nec- forthwith and without further delay with all subsection shall be limited to amounts speci- essary to perform his duties under this sub- activities necessary to begin storing spent fied in annual appropriations. section. nuclear fuel and high-level radioactive waste ‘‘(d) PUBLIC EDUCATION.—The Secretary ‘‘SEC. 204. INTERIM STORAGE. at an interim storage facility at the des- shall conduct a program to educate the pub- ‘‘(a) AUTHORIZATION.—The Secretary shall ignated site, except that the Secretary shall lic regarding the transportation of spent nu- design, construct, and operate a facility for not begin any construction activities at the clear fuel and high-level radioactive waste, the interim storage of spent nuclear fuel and designated interim storage facility site be- with an emphasis upon those States, units of high-level radioactive waste at the interim fore the designated interim storage facility local government, and Indian tribes through storage facility site. The interim storage fa- site is approved by law. whose jurisdiction the Secretary plans to cility shall be subject to licensing pursuant ‘‘(c) DESIGN.— transport substantial amounts of spent nu- to the Atomic Energy Act of 1954 in accord- ‘‘(1) The interim storage facility shall be clear fuel or high-level radioactive waste. ance with the Commission’s regulations gov- designed in two phases in order to commence ‘‘(e) COMPLIANCE WITH TRANSPORTATION erning the licensing of independent spent operations no later than November 30, 1999. REGULATIONS.—Any person that transports fuel storage installations, which regulations The design of the interim storage facility spent nuclear fuel or high-level radioactive shall be amended by the Commission as nec- shall provide for the use of storage tech- waste under the Nuclear Waste Policy Act of essary to implement the provisions of this nologies, licensed, approved, or certified by 1986, pursuant to a contract with the Sec- Act. The interim storage facility shall com- the Commission for use at the interim stor- retary, shall comply with all requirements mence operation in phases in accordance age facility as necessary to ensure compat- governing such transportation issued by the with subsection (b). ibility between the interim storage facility federal, state and local governments, and In- ‘‘(b) SCHEDULE.—(1) The Secretary shall and contract holders’ spent nuclear fuel and dian tribes, in the same way and to the same proceed forthwith and without further delay facilities, and to facilitate the Secretary’s extent that any person engaging in that with all activities necessary to begin storing ability to meet the Secretary’s obligations transportation that is in or affects interstate spent nuclear fuel and high-level radioactive under this Act. commerce must comply with such require- waste at the interim storage facility at the ‘‘(2) The Secretary shall consent to an ments, as required by 49 U.S.C. sec. 5126. interim storage facility site by November 30, amendment to the contracts to provide for ‘‘(f) EMPLOYEE PROTECTION.—Any person 1999, except that: reimbursement to contract holders for trans- engaged in the interstate commerce of spent ‘‘(A) The Secretary shall not begin any portable storage systems purchased by con- nuclear fuel or high-level radioactive waste construction activities at the interim stor- tract holders if the Secretary determines under contract to the Secretary pursuant to age facility site before December 31, 1998. that it is cost effective to use such trans- this Act shall be subject to and comply fully ‘‘(B) The Secretary shall cease all activi- portable storage systems as part of the inte- with the employee protection provisions of ties (except necessary termination activi- grated management system, provided that 49 U.S.C. 20109 and 49 U.S.C. 31105. ties) at the Yucca Mountain site if the Presi- the Secretary shall not be required to expend July 25, 1996 CONGRESSIONAL RECORD — SENATE S8889 any funds to modify contract holders’ stor- capacity report dated March, 1995 (DOE/RW– seq.) shall be consolidated with judicial re- age or transport systems or to seek addi- 0457), the Secretary shall accept, in an view of the Commission’s licensing decision. tional regulatory approvals in order to use amount not less than 25 percent of the dif- No court shall have jurisdiction to enjoin the such systems. ference between the contractual acceptance construction or operation of the interim ‘‘(d) LICENSING.— rate and the annual emplacement rate for storage facility prior to its final decision on ‘‘(1) PHASES.—The interim storage facility spent nuclear fuel from civilian nuclear review of the Commission’s licensing action. shall be licensed by the Commission in two power reactors established under section ‘‘(h) WASTE CONFIDENCE.—The Secretary’s phases in order to commence operations no 507(a), the following radioactive materials: obligation to construct and operate the in- later than November 30, 1999. ‘‘(A) spent nuclear fuel or high-level radio- terim storage facility in accordance with ‘‘(2) FIRST PHASE.—No later than 12 months active waste of domestic origin from civilian this section and the Secretary’s obligation after the date of enactment of the Nuclear nuclear power reactors that have perma- to develop an integrated management sys- Waste Policy Act of 1996, the Secretary shall nently ceased operation on or before the date tem in accordance with the provisions of this submit to the Commission an application for of enactment of the Nuclear Waste Policy Act, shall provide sufficient and independent a license for the first phase of the interim Act of 1996; grounds for any further findings by the Com- storage facility. The Environmental Report ‘‘(B) spent nuclear fuel from foreign re- mission of reasonable assurance that spent and Safety Analysis Report submitted in search reactors, as necessary to promote nuclear fuel and high-level radioactive waste support of such license application shall be non-proliferation objectives; and will be disposed of safely and on a timely consistent with the scope of authority re- ‘‘(C) spent nuclear fuel, including spent nu- basis for purposes of the Commission’s deci- quested in the license application. The li- clear fuel from naval reactors, and high-level sion to grant or amend any license to oper- cense issued for the first phase of the interim radioactive waste from atomic energy de- ate any civilian nuclear power reactor under storage facility shall have a term of 20 years. fense activities. the Atomic Energy Act of 1954 (42 U.S.C. 2011, The interim storage facility licensed in the ‘‘(f) NATIONAL ENVIRONMENTAL POLICY ACT et seq.) first phase shall have a capacity of not more OF 9169.— ‘‘(i) STORAGE OF OTHER SPENT NUCLEAR than 15,000 MTU. The Commission shall issue ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI- FUEL AND HIGH-LEVEL RADIOACTIVE WASTE.— a final decision granting or denying the ap- TIES.—The Secretary’s and President’s ac- No later than 18 months following the date plication for the first phase license no later tivities under this section, including, but not of enactment of the Nuclear Waste Policy than 16 months from the date of the submit- limited to, the selection of a site for the in- Act of 1996, the Commission shall, by rule, tal of the application for such license. terim storage facility, assessments, deter- establish criteria for the storage in the in- ‘‘(3) SECOND PHASE.—No later than 30 minations and designations made under sec- terim storage facility of fuel and waste list- months after the date of enactment of the tion 204(b), the preparation and submittal of ed in paragraph(e)(3)(A) through (C), to the Nuclear Waste Policy Act of 1996, the Sec- a license application and supporting docu- extent such criteria are not included in regu- retary shall submit to the Commission an mentation, the construction of a facility lations issued by the Commission and exist- application for a license for the second phase under paragraph (e)(1) of this section, and fa- ing on the date of enactment of the Nuclear interim storage facility. The license for the cility use pursuant to paragraph (e)(2) of this Waste Policy Act of 1996. Following estab- second phase facility shall authorize a stor- section shall be considered preliminary deci- lishment of such criteria, the Secretary shall age capacity of 40,000 MTU. If the Secretary sionmaking activities for purposes of judi- seek authority, as necessary, to store fuel does not submit the license application for cial review. The Secretary shall not prepare and waste listed in paragraph (e)(3)(A) construction of a repository by February 1, an environmental impact statement under through (C) at the interim storage facility. 2002, or does not begin full spent nuclear fuel section 102(2)(C) of the National Environ- None of the activities carried out pursuant receipt operations at a repository by Janu- mental Policy Act of 1969 (42 U.S.C. to this paragraph shall delay, or otherwise ary 17, 2010, the license shall authorize a 4332(2)(C)) or any environmental review affect, the development, construction, li- storage capacity of 60,000 MTU. The license under subparagraph (E) or (F) of such Act be- censing, or operation of the interim storage application shall be submitted such that the fore conducting these activities. facility. license can be issued to permit the second ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— ‘‘(j) SAVINGS CLAUSE.—The Commission phase facility to begin full spent nuclear fuel ‘‘(A) FINAL DECISION.—A final decision by shall, by rule, establish procedures for the li- receipt operations no later than December the Commission to grant or deny a license censing of any technology for the dry stor- 31, 2002. The license for the second phase application for the first or second phase of age of spent nuclear fuel by rule and with- shall have an initial term of up to 100 years, the interim storage facility shall be accom- out, to the maximum extent possible, the and shall be renewable for additional terms panied by an Environmental Impact State- need for site-specific approvals by the Com- upon application of the Secretary. ment prepared under section 102(2)(C) of the mission. Nothing in this Act shall affect any ‘‘(e) ADDITIONAL AUTHORITY.— National Environmental Policy Act of 1969 such procedures, or any licenses or approvals ‘‘(1) CONSTRUCTION.—For purposes of com- (42 U.S.C. 4332(2)). In preparing such Environ- plying with this section, the Secretary may issued pursuant to such procedures in effect mental Impact Statement, the Commission— on the date of enactment. commence site preparation for the interim ‘‘(i) shall ensure that the scope of the Envi- storage facility as soon as practicable after ronmental Impact Statement is consistent ‘‘SEC. 205. PERMANENT REPOSITORY. the date of enactment of the Nuclear Waste with the scope of the licensing action; and ‘‘(a) REPOSITORY CHARACTERIZATION.— Policy Act of 1996 and shall commence con- ‘‘(ii) shall analyze the impacts of the trans- ‘‘(1) GUIDELINES.—The guidelines promul- struction of each phase of the interim stor- portation of spent nuclear fuel and high-level gated by the Secretary and published at 10 age facility subsequent to submittal of the radioactive waste to the interim storage fa- CFR part 960 are annulled and revoked and license application for such phase except cility in a generic manner. the Secretary shall make no assumptions or that the Commission shall issue an order ‘‘(B) CONSIDERATIONS.—Such Environ- conclusions about the licensability of the suspending such construction at any time if mental Impact Statement shall not con- Yucca Mountain site as a repository by ref- the Commission determines that such con- sider— erence to such guidelines. struction poses an unreasonable risk to pub- ‘‘(i) the need for the interim storage facil- ‘‘(2) SITE CHARACTERIZATION ACTIVITIES.— lic health and safety or the environment. ity, including any individual component The Secretary shall carry out appropriate The Commission shall terminate all or part thereof; site characterization activities at the Yucca of such order upon a determination that the ‘‘(ii) the time of the initial availability of Mountain site in accordance with the Sec- Secretary has taken appropriate action to the interim storage facility; retary’s program approach to site character- eliminate such risk. ‘‘(iii) any alternatives to the storage of ization. The Secretary shall modify or elimi- ‘‘(2) FACILITY USE.—Notwithstanding any spent nuclear fuel and high-level radioactive nate those site characterization activities otherwise applicable licensing requirement, waste at the interim storage facility; designed only to demonstrate the suitability the Secretary may utilize any facility owned ‘‘(iv) any alternatives to the site of the fa- of the site under the guidelines referenced in by the Federal Government on the date of cility as designated by the Secretary in ac- paragraph (1). enactment of the Nuclear Waste Policy Act cordance with subsection (a); ‘‘(3) SCHEDULE DATE.—Consistent with the of 1996 within the boundaries of the interim ‘‘(v) any alternatives to the design criteria schedule set forth in the program approach, storage facility site, in connection with an for such facility or any individual compo- as modified to be consistent with the Nu- imminent and substantial endangerment to nent thereof, as specified by the Secretary in clear Waste Policy Act of 1996, no later than public health and safety at the interim stor- the license application; or February 1, 2002, the Secretary shall apply to age facility prior to commencement of oper- (vi) the environmental impacts of the stor- the Commission for authorization to con- ations during the second phase. age of spent nuclear fuel and high-level ra- struct a repository. If, at any time prior to ‘‘(3) EMPLACEMENT OF FUEL AND WASTE.— dioactive waste at the interim storage facil- the filing of such application, the Secretary Subject to paragraph (i), once the Secretary ity beyond the initial term of the license or determines that the Yucca Mountain site has achieved the annual acceptance rate for the term of the renewal period for which a li- cannot satisfy the Commission’s regulations spent nuclear fuel from civilian nuclear cense renewal application is made. applicable to the licensing of a geologic re- power reactors established pursuant to the ‘‘(g) JUDICIAL REVIEW.—Judicial review of pository, the Secretary shall terminate site contracts executed prior to the date of en- the Commission’s environmental impact characterization activities at the site, notify actment of the Nuclear Waste Policy Act of statement under the National Environ- Congress and the State of Nevada of the Sec- 1996, as set forth in the Secretary’s annual mental Policy Act of 1969 (42 U.S.C. 4321 et retary’s determination and the reasons S8890 CONGRESSIONAL RECORD — SENATE July 25, 1996 therefor, and recommend to Congress not tions shall provide for the modification of the repository’s engineered or geologic bar- later than 6 months after such determina- the repository licensing procedure, as appro- riers; and tion further actions, including the enact- priate, in the event that the Secretary seeks ‘‘(ii) prevent any increase in the exposure ment of legislation, that may be needed to a license to permit the emplacement in the of individual members of the public to radi- manage the Nation’s spent nuclear fuel and repository, on a retrievable basis, of spent ation beyond the allowable limits specified high-level radioactive waste. nuclear fuel or high-level radioactive waste in paragraph (1). ‘‘(4) MAXIMIZING CAPACITY.—In developing as is necessary to provide the Secretary with ‘‘(4) ADDITIONAL ANALYSIS.—The Commis- an application for authorization to construct sufficient confirmatory data on repository sion shall analyze the overall system per- the repository, the Secretary shall seek to performance to reasonably confirm the basis formance through the use of probabilistic maximize the capacity of the repository, in for repository closure consistent with appli- evaluations that use best estimate assump- the most cost-effective manner, consistent cable regulations. tions, data, and methods for the period com- with the need for disposal capacity. ‘‘(d) REPOSITORY LICENSING STANDARDS.— mencing after the first 1,000 years of oper- ‘‘(b) REPOSITORY LICENSING.—Upon the The Administrator of the Environmental ation of the repository and terminating at completion of any licensing proceeding for Protection Agency shall, pursuant to author- 10,000 years after the commencement of oper- the first phase of the interim storage facil- ity under other provisions of law, issue gen- ation of the repository. ity, the Commission shall amend its regula- erally applicable standards for the protec- ‘‘(e) NATIONAL ENVIRONMENTAL POLICY tions governing the disposal of spend nuclear tion of the public from releases of radio- ACT.— fuel and high-level radioactive waste in geo- active materials or radioactivity from the ‘‘(1) SUBMISSION OF STATEMENT.—Construc- logic repositories to the extent necessary to repository. Such standards shall be consist- tion and operation of the repository shall be comply with this Act. Subject to subsection ent with the overall system performance considered a major Federal action signifi- (c), such regulations shall provide for the li- standard established by this subsection un- cantly affecting the quality of the human en- censing of the repository according to the less the Administrator determines by rule vironment for purposes of the National Envi- following procedures: that the overall system performance stand- ronmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(1) CONSTRUCTION AUTHORIZATION.—The ard would constitute an unreasonable risk to et seq.). The Secretary shall submit an envi- Commission shall grant the Secretary a con- health and safety. The Commission’s reposi- ronmental impact statement on the con- struction authorization for the repository tory licensing determinations for the protec- struction and operation of the repository to upon determining that there is reasonable tion of the public shall be based solely on a the Commission with the license application assurance that spent nuclear fuel and high- finding whether the repository can be oper- and shall supplement such environmental level radioactive waste can be disposed of in ated in conformance with the overall system impact statement as appropriate. the repository— performance standard established in para- ‘‘(2) CONSIDERATIONS.—For purposes of ‘‘(A) in conformity with the Secretary’s graph (1), applied in accordance with the pro- complying with the requirements of the Na- application, the provisions of this Act, and visions of paragraph (2), and the Administra- tional Environmental Policy Act of 1969 and the regulations of the Commission; tor’s radiation protection standards. The this section, the Secretary shall not consider ‘‘(B) without reasonable risk to the health Commission shall amend its regulations in in the environmental impact statement the and safety of the public; and accordance with subsection (b) to incor- ‘‘(C) consistent with the common defense need for the repository, or alternative sites porate each of the following licensing stand- and security: or designs for the repository. ards: ‘‘(2)— LICENSE.—Following substantial ‘‘(3) ADOPTION BY COMMISSION.—The Sec- ‘‘(1) ESTABLISHMENT OF OVERALL SYSTEM completion of construction and the filing of retary’s environmental impact statement PERFORMANCE STANDARD.—The standard for any additional information needed to com- and any supplements thereto shall, to the ex- protection of the public from release of ra- plete the license application, the Commis- tent practicable, be adopted by the Commis- dioactive material or radioactivity from the sion shall issue a license to dispose of spent sion in connection with the issuance by the repository shall prohibit releases that would nuclear fuel and high-level radioactive waste Commission of a construction authorization expose an average member of the general in the repository if the Commission deter- under subsection (b)(1), a license under sub- population in the vicinity of the Yucca mines that the repository has been con- section (b)(2), or a license amendment under Mountain site to an annual dose in excess of structed and will operate— subsection (b)(3). To the extent such state- ‘‘(A) in conformity with the Secretary’s 100 millirems unless the Commission deter- ment or supplement is adopted by the Com- application, the provisions of this Act, and mines by rule that such standard would con- mission, such adoption shall be deemed to the regulations of the Commission; stitute an unreasonable risk to health and also satisfy the responsibilities of the Com- ‘‘(B) without unreasonable risk to the safety and establishes by rule another stand- mission under the National Environmental health and safety of the public; and ard which will protect health and safety. Policy Act of 1969, and no further consider- ‘‘(C) consistent with the common defense Such standard shall constitute an overall ation shall be required, except that nothing and security. system performance standard. in this subsection shall affect any independ- ‘‘(3) CLOSURE.—After emplacing spent nu- ‘‘(2) APPLICATION OF OVERALL SYSTEM PER- ent responsibilities of the Commission to clear fuel and high-level radioactive waste in FORMANCE STANDARD.—The Commission shall protect the public health and safety under the repository and collecting sufficient con- issue the license if it finds reasonable assur- the Atomic Energy Act of 1954. In any such firmatory data on repository performance to ance that for the first 1,000 years following statement or supplement prepared with re- reasonably confirm the basis for repository the commencement of repository operations, spect to the repository, the Commission closure consistent with the Commission’s the overall system performance standard shall not consider the need for a repository, regulations applicable to the licensing of a will be met based on a probabilistic evalua- or alternate sites or designs for the reposi- repository, as modified in accordance with tion, as appropriate, of compliance with the tory. this Act, the Secretary shall apply to the overall system performance standard in ‘‘(f) JUDICIAL REVIEW.—No court shall have Commission to amend the license to permit paragraph (1). jurisdiction to enjoin issuance of the Com- permanent closure of the repository. The ‘‘(3) FACTORS.—For purposes of making the mission repository licensing regulations Commission shall grant such license amend- finding in paragraph (2)— prior to its final decision on review of such ‘‘(A) the Commission shall not consider ment upon finding that there is reasonable regulations. assurance that the repository can be perma- catastrophic events where the health con- sequences of individual events themselves ‘‘SEC. 206. LAND WITHDRAWAL. nently closed— ‘‘(a) WITHDRAWAL AND RESERVATION.— ‘‘(A) in conformity with the Secretary’s can be reasonably assumed to exceed the ‘‘(1) WITHDRAWAL.—Subject to valid exist- application to amend the license, the provi- health consequences due to the impact of the ing rights, the interim storage facility site sions of this Act, and the regulations of the events on repository performance; and the Yucca Mountain site, as described in Commission; ‘‘(B) for the purpose of this section, an av- subsection (b), are withdrawn from all forms ‘‘(B) without unreasonable risk to the erage member of the general population in of entry, appropriation, and disposal under health and safety of the public; and the vicinity of the Yucca Mountain site ‘‘(C) consistent with the common defense means a person whose physiology, age, gen- the public land laws, including the mineral and security. eral health, agricultural practices, eating leasing laws, the geothermal leasing laws, ‘‘(4) POST-CLOSURE.—The Secretary shall habits, and social behavior represent the av- the material sale laws, and the mining laws. take those actions necessary and appropriate erage for persons living in the vicinity of the ‘‘(2) JURISDICTION.—Jurisdiction of any at the Yucca Mountain site to prevent any site. Extremes in social behavior, eating land within the interim storage facility site activity at the site subsequent to repository habits, or other relevant practices or charac- and the Yucca Mountain site managed by the closure that poses an unreasonable risk of— teristics shall not be considered; and Secretary of the Interior or any other Fed- ‘‘(A) breaching the repository’s engineered ‘‘(C) the Commission shall assume that, eral officer is transferred to the Secretary. or geologic barriers; or following repository closure, the inclusion of ‘‘(3) RESERVATION.—The interim storage fa- ‘‘(B) increasing the exposure of individual engineered barriers and the Secretary’s post- cility site and the Yucca Mountain site are members of the public to radiation beyond closure actions at the Yucca Mountain site; reserved for the use of the Secretary for the the release standard established in sub- in accordance with subsection (b)(4), shall be construction and operation, respectively, of section (d)(1). sufficient to— the interim storage facility and the reposi- ‘‘(c) MODIFICATION OF REPOSITORY LICENS- ‘‘(i) prevent any human activity at the site tory and activities associated with the pur- ING PROCEDURE.—The Commission’s regula- that poses an unreasonable risk of breaching poses of this title. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8891

‘‘(b) LAND DESCRIPTION.— port on the economic, social, public health ments, are conveyed by operation of law to ‘‘(1) BOUNDARIES.—The boundaries depicted and safety, and environmental impacts that the County of Nye, Nevada, unless the coun- on the map entitled ‘‘Interim Storage Facil- are likely to result from activities of the in- ty notifies the Secretary of Interior or the ity Site Withdrawal Map,’’ dated March 13, tegrated management system. head of such other appropriate agency in 1996, and on file with the Secretary, are es- ‘‘(d) OTHER ASSISTANCE.— writing within 60 days of such date of enact- tablished as the boundaries of the Interim ‘‘(1) TAXABLE AMOUNTS.—In addition to fi- ment that it elects not to take title to all or Storage Facility site. nancial assistance provided under this sub- any part of the property, except that any ‘‘(2) BOUNDARIES.—The boundaries depicted section, the Secretary is authorized to grant lands conveyed to the County of Nye under on the map entitled ‘Yucca Mountain Site any affected Indian tribe or affected unit of this subsection that are subject to a Federal Withdrawal Map,’ dated July 9, 1996, and on local government an amount each fiscal year grazing permit or lease or a similar federally file with the Secretary, are established as equal to the amount such affected Indian granted permit or lease shall be conveyed be- the boundaries of the Yucca Mountain site. tribe or affected unit of local government, tween 60 and 120 days of the earliest time the ‘‘(3) NOTICE AND MAPS.—Within 6 months of respectively, would receive if authorized to Federal agency administering or granting the date of the enactment of the Nuclear tax integrated management system activi- the permit or lease would be able to legally Waste Policy Act of 1996, the Secretary ties, as such affected Indian tribe or affected terminate such right under the statutes and shall— unit of local government taxes the non-Fed- regulations existing at the date of enact- ‘‘(A) publish in the Federal Register a no- eral real property and industrial activities ment of this Act, unless Nye County and the tice containing a legal description of the in- occurring within such affected unit of local affected holder of the permit or lease nego- terim storage facility site; and government. tiate an agreement that allows for an earlier ‘‘(B) file copies of the maps described in ‘‘(2) TERMINATION. Such grants shall con- conveyance. paragraph (1), and the legal description of tinue until such time as all such activities, ‘‘(b) SPECIAL CONVEYANCES.—Notwith- the interim storage facility site with the development, and operations are terminated standing any other law, the following public Congress, the Secretary of the Interior, the at such site. lands depicted on the maps and legal descrip- Governor of Nevada, and the Archivist of the ‘‘(3) ASSISTANCE TO INDIAN TRIBES AND tions dated October 11, 1995, and on file with United States. UNITS OR LOCAL GOVERNMENT.— the Secretary shall be conveyed under sub- ‘‘(4) NOTICE AND MAPS.—Concurrent with ‘‘(A) Period.—Any affected Indian tribe or section (a) to the County of Nye, Nevada: the Secretary’s application to the Commis- affected unit of local government may not Map 1: Proposed Pahrump Industrial Park sion for authority to construct the reposi- receive any grant under paragraph (1) after Site tory, the Secretary shall— the expiration of the 1-year period following Map 2: Proposed Lathrop Wells (Gate 510) ‘‘(A) publish in the Federal Register a no- the date on which the Secretary notifies the Industrial Park Site tice containing a legal description of the affected Indian tribe or affected unit of local Map 3: Pahrump Landfill Sites Yucca Mountain site; and government of the termination of the oper- ‘‘(B) file copies of the maps described in ation of the integrated management system. Map 4: Amargosa Valley Regional Landfill Site paragraph (2), and the legal description of ‘‘(B) ACTIVITIES.—Any affected Indian tribe the Yucca Mountain site with the Congress, or affected unit of local government may not Map 5: Amargosa Valley Municipal Land- the Secretary of the Interior, the Governor receive any further assistance under this sec- fill Site of Nevada, and the Archivist of the United tion if the integrated management system Map 6: Beatty Landfill/Transfer Station States. activities at such site are terminated by the Site ‘‘(5) CONSTRUCTION.—The maps and legal Secretary or if such activities are perma- Map 7: Round Mountain Landfill Site descriptions of the interim storage facility nently enjoined by any court. Map 8: Tonopah Landfill Site site and the Yucca Mountain site referred to ‘‘SEC. 302. ON-SITE REPRESENTATIVE. Map 9: Gabbs Landfill Site. in this subsection shall have the same force ‘‘The Secretary shall offer to the unit of ‘‘(3) CONSTRUCTION.—The maps and legal and effect as if they were included in this local government within whose jurisdiction a Act. The Secretary may correct clerical and descriptions of special conveyances referred site for an interim storage facility or reposi- to in subsection (b) shall have the same force typographical errors in the maps and legal tory is located under this Act an opportunity descriptions and make minor adjustments in and effect as if they were included in this to designate a representative to conduct on- Act. The Secretary may correct clerical and the boundaries of the sites. site oversight activities at such site. The ‘‘TITLE III—LOCAL RELATIONS typographical errors in the maps and legal Secretary is authorized to pay the reason- descriptions and make minor adjustments in ’’SEC. 301. FINANCIAL ASSISTANCE. able expenses of such representative. the boundaries of the sites. ‘‘(a) GRANTS.—The Secretary is authorized ‘‘SEC. 303. ACCEPTANCE OF BENEFITS. ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon to make grants to any affected Indian tribe ‘‘(a) CONSENT.—The acceptance or use of the request of the County of Nye, Nevada, or affected unit of local government for pur- any of the benefits provided under this title the Secretary of the Interior shall provide poses of enabling the affected Indian tribe or by any affected Indian tribe or affected unit evidence of title transfer. affected unit of local government— of local government shall not be deemed to ‘‘(1) to review activities taken with respect be an expression of consent, express, or im- ‘‘TITLE IV—FUNDING AND to the Yucca Mountain site for purposes of plied, either under the Constitution of the ORGANIZATION determining any potential economic, social, State or any law thereof, to the siting of an ‘‘SEC. 401. PROGRAM FUNDING. public health and safety, and environmental interim storage facility or repository in the ‘‘(a) CONTRACTS.— impacts of the integrated management sys- State of Nevada, any provision of such Con- ‘‘(1) AUTHORITY OF SECRETARY.—In the per- tem on the affected Indian tribe or the af- stitution or laws to the contrary notwith- formance of the Secretary’s functions under fected unit of local government and its resi- standing. this Act, the Secretary is authorized to enter dents; ‘‘(b) ARGUMENTS.—Neither the United into contracts with any person who gen- ‘‘(2) to develop a request for impact assist- States nor any other entity may assert any erates or holds title to spent nuclear fuel or ance under subsection (c); argument based on legal or equitable estop- high level radioactive waste of domestic ori- ‘‘(3) to engage in any monitoring, testing, pel, or acquiescence, or waiver, or consensual gin for the acceptance of title and posses- or evaluation activities with regard to such involvement, in response to any decision by sion, transportation, interim storage, and site; the State to oppose the siting in Nevada of disposal of such waste or spent fuel. Such ‘‘(4) to provide information to residents re- an interim storage facility or repository pre- contracts shall provide for payment of an- garding any activities of the Secretary, or mised upon or related to the acceptance or nual fees to the Secretary in the amounts set the Commission with respect to such site; use of benefits under this title. by the Secretary pursuant to paragraphs (2) and ‘‘(c) LIABILITY.—No liability of any na- and (3). Except as provided in paragraph (3), ‘‘(5) to request information from, and make ture shall accrue to be asserted against any fees assessed pursuant to this paragraph comments and recommendations to, the Sec- official of any governmental unit of Nevada shall be paid to the Treasury of the United retary regarding any activities taken with premised solely upon the acceptance or use States and shall be available for use by the respect to such site. of benefits under this title. Secretary pursuant to this section until ex- ‘‘(b) SALARY AND TRAVEL EXPENSES.—Any ‘‘SEC. 304. RESTRICTIONS ON USE OF FUNDS. pended. Subsequent to the date of enactment salary or travel expense that would ordi- ‘‘None of the funding provided under this of the Nuclear Waste Policy Act of 1996, the narily be incurred by any affected Indian title may be used— contracts executed under section 302(a) of tribe or affected unit of local government ‘‘(1) directly or indirectly to influence leg- the Nuclear Waste Policy Act of 1982 shall may not be considered eligible for funding islative action on any matter pending before continue in effect under this Act, provided under this section. Congress or a State legislature or for any that the Secretary shall consent to an ‘‘(c) FINANCIAL AND TECHNICAL ASSIST- lobbying activity as provided in section 1913 amendment to such contracts as necessary ANCE.— of title 18, United States Code; to implement the provisions of this Act. ‘‘(1) ASSISTANCE REQUESTS.—The Secretary ‘‘(2) for litigation purposes; and ‘‘(2) ANNUAL FEES.— is authorized to offer to provide financial ‘‘(3) to support multistate efforts or other ‘‘(A) For electricity generated by civilian and technical assistance to any affected In- coalition-building activities inconsistent nuclear power reactors and sold between dian tribe or affected unit of local govern- with the purposes of this Act. January 7, 1983, and September 30, 2002, the ment requesting such assistance. Such as- ‘‘SEC. 305. LAND CONVEYANCES. fee under paragraph (1) shall be equal to 1.0 sistance shall be designed to mitigate the ‘‘(a) CONVEYANCES OF PUBLIC mill per kilowatt hour generated and sold. impact on the affected Indian tribe or af- LANDS.—One hundred and twenty days after For electricity generated by civilian nuclear fected unit of local government of the devel- enactment of this Act, all right, title and in- power reactors and sold on or after October opment of the integrated management sys- terest of the United States in the property 1, 2002, the aggregate amount of fees col- tem. described in subsection (b), and improve- lected during each fiscal year shall be no ‘‘(2) REPORT.—Any affected Indian tribe or ments thereon, together with all necessary greater than the annual level of appropria- affected unit of local government may re- easements for utilities and ingress and tions for expenditures on those activities quest assistance under this section by pre- egress to such property, including, but not consistent with subsection (d) for that fiscal paring and submitting to the Secretary a re- limited to, the right to improve those ease- year, minus— S8892 CONGRESSIONAL RECORD — SENATE July 25, 1996 ‘‘(i) any unobligated balance collected pur- cense to any person to use a utilization or this section, and expenditures of amounts suant to this section during the previous fis- production facility under the authority of from the Nuclear Waste Fund, shall be ex- cal year; and section 103 or 104 of the Atomic Energy Act empt from annual apportionment under the ‘‘(ii) the percentage of such appropriation of 1954 (42 U.S.C. 2133, 2134) unless— provisions of subchapter II of chapter 15 of required to be funded by the Federal Govern- ‘‘(i) such person has entered into a con- title 31, United States Code. ment pursuant to section 403. tract under subsection (a) with the Sec- ‘‘(d) BUDGET.—The Secretary shall submit The Secretary shall determine the level of retary, or the budget for implementation of the Sec- the annual fee for each civilian nuclear ‘‘(ii) the Secretary affirms in writing that retary’s responsibilities under this Act to power reactor based on the amount of elec- such person is actively and in good faith ne- the Office of Management and Budget annu- tricity generated and sold, except that the gotiating with the Secretary for a contract annual fee collected under this subparagraph ally along with the budget of the Depart- shall not exceed 1.0 mill per kilowatt-hour under this section. ment of Energy submitted at such time in generated and sold. ‘‘(B) PRECONDITION.—The Commission, as it accordance with chapter 11 of title 31, United deems necessary or appropriate, may require ‘‘(B) EXPENDITURES IF SHORTFALL.—If, dur- States Code. The budget shall consist of the ing any fiscal year on or after October 1, as a precondition to the issuance or renewal estimates made by the Secretary of expendi- 2002, the aggregate amount of fees assessed of a license under section 103 or 104 of the tures under this Act and other relevant fi- pursuant to subparagraph (A) is less than the Atomic Energy Act of 1954 (42 U.S.C. 2133, nancial matters for the succeeding 3 fiscal annual level of appropriations for expendi- 2134) that the applicant for such license shall years, and shall be included in the budget of tures on those activities specified in sub- have entered into an agreement with the section (d) for that fiscal year, minus— the United States Government. Secretary for the disposal of spent nuclear ‘‘(e) APPROPRIATIONS.—The Secretary may ‘‘(i) any unobligated balance collected pur- fuel and high-level radioactive waste that suant to this section during the previous fis- make expenditures from the Nuclear Waste may result from the use of such license. Fund, subject to appropriations, which shall cal year; and ‘‘(2) DISPOSAL IN REPOSITORY.—Except as ‘‘(ii) the percentage of such appropriations remain available until expended. provided in paragraph (1), no spent nuclear ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE required to be funded by the Federal Govern- fuel or high-level radioactive waste gen- ment pursuant to section 403, WASTE MANAGEMENT. erated or owned by any person (other than a ‘‘(a) ESTABLISHMENT.—There hereby is es- the Secretary may make expenditures from department of the United States referred to tablished within the Department of Energy the Nuclear Waste Fund up to the level of in section 101 or 102 of title 5, United States the fees assessed. an Office of Civilian Radioactive Waste Man- Code) may be disposed of by the Secretary in agement. The Office shall be headed by a Di- ‘‘(C) RULES.—The Secretary shall, by rule, the repository unless the generator or owner establish procedures necessary to implement rector, who shall be appointed by the Presi- of such spent fuel or waste has entered into this paragraph. dent, by and with the advice and consent of a contract under subsection (a) with the Sec- ‘‘(3) ONE-TIME FEE.—For spent nuclear fuel the Senate, and who shall be compensated at or solidified high-level radioactive waste de- retary by not later than the date on which the rate payable for level IV of the Executive rived from spent nuclear fuel, which fuel was such generator or owner commences genera- Schedule under section 5315 of title 5, United used to generate electricity in a civilian nu- tion of, or takes title to, such spent fuel or States Code. clear power reactor prior to January 7, 1983, waste. ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director ‘‘(3) ASSIGNMENT.—The rights and duties of the fee shall be in an amount equivalent to of the Office shall be responsible for carrying contract holders are assignable. an average charge of 1.0 mill per kilowatt- out the functions of the Secretary under this ‘‘(c) NUCLEAR WASTE FUND.— Act, subject to the general supervision of the hour for electricity generated by such spent ‘‘(1) IN GENERAL.—The Nuclear Waste Fund Secretary. The Director of the Office shall be nuclear fuel, or such solidified high-level established in the Treasury of the United directly responsible to the Secretary. waste derived therefrom. Payment of such States under section 302(c) of the Nuclear ‘‘SEC. 403. FEDERAL CONTRIBUTION. one-time fee prior to the date of enactment Waste Policy Act of 1982 shall continue in ef- ‘‘(a) ALLOCATION.—No later than one year of the Nuclear Waste Policy Act of 1996 shall fect under this Act and shall consist of— satisfy the obligation imposed under this ‘‘(A) the existing balance in the Nuclear from the date of enactment of the Nuclear paragraph. Any one-time fee paid and col- Waste Fund on the date of enactment of the Waste Policy Act of 1996, acting pursuant to lected subsequent to the date of enactment Nuclear Waste Policy Act of 1996; and section 553 of title 5, United States Code, the of the Nuclear Waste Policy Act of 1996 pur- ‘‘(B) all receipts, proceeds, and recoveries Secretary shall issue a final rule establish- suant to the contracts, including any inter- realized under subsections (a), and (c)(3) sub- ing the appropriate portion of the costs of est due pursuant to such contracts, shall be sequent to the date of enactment of the Nu- managing spent nuclear fuel and high-level paid to the Nuclear Waste Fund no later clear Waste Policy Act of 1996, which shall be radioactive waste under this Act allocable to than September 30, 2002. The Commission deposited in the Nuclear Waste Fund imme- the interim storage or permanent disposal of shall suspend the license of any licensee who diately upon their realization. spent nuclear fuel and high-level radioactive fails or refuses to pay the full amount of the ‘‘(2) USE.—The Secretary may make ex- waste from atomic energy defense activities fee referred to in this paragraph on or before penditures from the Nuclear Waste Fund, and spent nuclear fuel from foreign research September 30, 2002, and the license shall re- subject to subsections (d) and (e), only for reactors. The share of costs allocable to the main suspended until the full amount of the purposes of the integrated management sys- management of spent nuclear fuel and high- fee referred to in this paragraph is paid. The tem. level radioactive waste from atomic energy person paying the fee under this paragraph ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE defense activities and spent nuclear fuel to the Secretary shall have no further finan- FUND.— from foreign research reactors shall include, cial obligation to the Federal Government ‘‘(A) IN GENERAL.—The Secretary of the ‘‘(1) an appropriate portion of the costs as- for the long-term storage and permanent dis- Treasury shall hold the Nuclear Waste Fund sociated with research and development ac- posal of spent fuel or high-level radioactive and, after consultation with the Secretary, tivities with respect to development of an in- waste derived from spend nuclear fuel used annually report to the Congress on the finan- terim storage facility and repository; and to generate electricity in a civilian power re- cial condition and operations of the Nuclear ‘‘(2) as appropriate, interest on the prin- actor prior to January 7, 1983. Waste Fund during the preceding fiscal year. cipal amounts due calculated by reference to ‘‘(4) ADJUSTMENTS TO FEE.—The Secretary ‘‘(B) AMOUNTS IN EXCESS OF CURRENT the appropriate Treasury bill rate as if the shall annually review the amount of the fees NEEDS.—If the Secretary determines that the payments were made at a point in time con- established by paragraphs (2) and (3), to- Nuclear Waste Fund contains at any time sistent with the payment dates for spent nu- gether with the existing balance of the Nu- amounts in excess of current needs, the Sec- clear fuel and high-level radioactive waste clear Waste Fund on the date of enactment retary may request the Secretary of the under the contracts. of the Nuclear Waste Policy Act of 1996, to Treasury to invest such amounts, or any por- ‘‘(b) APPROPRIATION REQUEST.—In addition evaluate whether collection of the fee will tion of such amounts as the Secretary deter- to any request for an appropriation from the provide sufficient revenues to offset the mines to be appropriate, in obligations of the Nuclear Waste Fund, the Secretary shall re- costs as defined in subsection (c)(2). In the United States— quest annual appropriations from general event the Secretary determines that the rev- ‘‘(i) having maturities determined by the revenues in amounts sufficient to pay the enues being collected are either insufficient Secretary of the Treasury to be appropriate costs of the management of spent nuclear or excessive to recover the costs incurred by to the needs of the Nuclear Waste Fund; and fuel and high-level radioactive waste from the Federal Government that are specified in ‘‘(ii) bearing interest at rates determined atomic energy defense activities and spent subsection (c)(2), the Secretary shall propose to be appropriate by the Secretary of the nuclear fuel from foreign research reactors, an adjustment to the fee in subsection (c)(2) Treasury, taking into consideration the cur- as established under subsection (a). to ensure full cost recovery. The Secretary rent average market yield on outstanding ‘‘(c) REPORT.—In conjunction with the an- shall immediately transmit the proposal for marketable obligations of the United States nual report submitted to Congress under such an adjustment to both houses of Con- with remaining periods to maturity com- Section 702, the Secretary shall advise the gress. parable to the maturities of such invest- Congress annually of the amount of spent ‘‘(b) ADVANCE CONTRACTING REQUIRE- ments, except that the interest rate on such nuclear fuel and highlevel radioactive waste MENT.— investments shall not exceed the average in- from atomic energy defense activities and ‘‘(1) IN GENERAL.— terest rate applicable to existing borrowings. spent nuclear fuel from foreign research re- ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—The ‘‘(C) EXEMPTION.—Receipts, proceeds, and actors, requiring management in the inte- Commission shall not issue or renew a li- recoveries realized by the Secretary under grated management system. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8893

‘‘(d) AUTHORIZATION.—There is authorized capacity at the site of a civilian nuclear tion for a license or license amendment re- to be appropriated to the Secretary, from power reactor, through the use of high-den- ceived by the Commission to expand onsite general revenues, for carrying out the pur- sity fuel storage racks, fuel rod compaction, spent fuel storage capacity by the use of a poses of this Act, such sums as may be nec- the transshipment of spent nuclear fuel to new technology not previously approved for essary to pay the costs of the management of another civilian nuclear power reactor with- use at any nuclear power plant by the Com- spent nuclear fuel and high-level radioactive in the same utility system, the construction mission. waste from atomic energy defense activities of additional spent nuclear fuel pool capac- ‘‘(c) JUDICIAL REVIEW.—No court shall hold and spend nuclear fuel from foreign research ity or dry storage capacity, or by other unlawful or set aside a decision of the Com- reactors, as established under subsection (a). means, the Commission shall, at the request mission in any proceeding described in sub- ‘‘TITLE V—GENERAL AND of any party, provide an opportunity for oral section (a) because of a failure by the Com- MISCELLANEOUS PROVISIONS argument with respect to any matter which mission to use a particular procedure pursu- the Commission determines to be in con- ant to this section unless— ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. troversy among the parties. The oral argu- ‘‘(1) an objection to the procedure used was ‘‘If the requirements of any law are incon- ment shall be preceded by such discovery presented to the Commission in a timely sistent with or duplicative of the require- procedures as the rules of the commission fashion or there are extraordinary cir- ments of the Atomic Energy Act and this shall provide. The Commission shall require cumstances that excuse the failure to Act, the Secretary shall comply only with each party, including the Commission staff, present a timely objection; and the requirements of the Atomic Energy Act to submit in written form, at the time of the ‘‘(2) the court finds that such failure has and this Act in implementing the integrated oral argument, a summary of the facts, data, precluded a fair consideration and informed management system. Any requirement of a and arguments upon which such party pro- resolution of a significant issue of the pro- State or political subdivision of a State is poses to rely that are known at such time to ceeding taken as a whole. preempted if— such party. Only facts and data in the form ‘‘SEC. 504. SITING A SECOND REPOSITORY. ‘‘(1) complying with such requirements and of sworn testimony or written submission ‘‘(a) CONGRESSIONAL ACTION REQUIRED.— a requirement of this Act is impossible, or may be relied upon by the parties during oral The Secretary may not conduct site-specific ‘‘(2) such requirement, as applied or en- argument. Of the materials that may be sub- activities with respect to a second repository forced, is an obstacle to accomplishing or mitted by the parties during oral argument, unless Congress has specifically authorized carrying out this Act or a regulation under the Commission shall only consider those and appropriated funds for such activities. this Act. facts and data that are submitted in the ‘‘(b) REPORT.—The Secretary shall report ‘‘SEC. 502. JUDICIAL REVIEW OF AGENCY AC- form of sworn testimony or written submis- to the President and to Congress on or after TIONS. sion. January 1, 2007, but not later than January 1, ‘‘(a) JURISDICTION OF THE UNITED STATES ‘‘(b) ADJUDICATORY HEARING.— 2010, on the need for a second repository. ‘‘(1) DESIGNATION.—At the conclusion of COURTS OF APPEALS.— ‘‘SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW- ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDIC- any oral argument under subsection (a), the LEVEL RADIOACTIVE WASTE SITE TION.—Except for review in the Supreme Commission shall designate any disputed CLOSURE. Court of the United States, and except as question of fact, together with any remain- ‘‘(a) FINANCIAL ARRANGEMENTS.— otherwise provided in this Act, the United ing questions of law, for resolution in an ad- ‘‘(1) STANDARDS AND INSTRUCTIONS.—The States courts of appeals shall have original judicatory hearing if it determines that— Commission shall establish by rule, regula- and exclusive jurisdiction over any civil ac- ‘‘(A) there is a genuine and substantial dis- tion, or order, after public notice, and in ac- tion— pute of fact which can only be resolved with cordance with section 181 of the Atomic En- ‘‘(A) for review of any final decision or ac- sufficient accuracy by the introduction of ergy Act of 1954 (42 U.S.C. 2231), such stand- tion of the Secretary, the President, or the evidence in an adjudicatory hearing; and ards and instructions as the Commission Commission under this Act; ‘‘(B) the decision of the Commission is may deem necessary or desirable to ensure in ‘‘(B) alleging the failure of the Secretary, likely to depend in whole or in part on the the case of each license for the disposal of the President, or the Commission to make resolution of such dispute. low-level radioactive waste that an adequate ‘‘(2) DETERMINATION.—In making a deter- any decision, or take any action, required bond, surety, or other financial arrangement mination under this subsection, the Commis- under this Act; (as determined by the Commission) will be sion— ‘‘(C) challenging the constitutionality of provided by a licensee to permit completion any decision made, or action taken, under ‘‘(A) shall designate in writing the specific facts that are in genuine and substantial dis- of all requirements established by the Com- any provision of this Act; or mission for the decontamination, decommis- ‘‘(D) for review of any environmental im- pute, the reason why the decision of the agency is likely to depend on the resolution sioning, site closure, and reclamation of pact statement prepared or environmental sites, structures, and equipment used in con- assessment pursuant to the National Envi- of such facts, and the reason why an adju- dicatory hearing is likely to resolve the dis- junction with such low-level radioactive ronmental Policy Act of 1969 (42 U.S.C. 4321 waste. Such financial arrangements shall be et seq.) with respect to any action under this pute; and ‘‘(B) shall not consider— provided and approved by the Commission, Act or alleging a failure to prepare such ‘‘(i) any issue relating to the design, con- or, in the case of sites within the boundaries statement with respect to any such action. struction, or operation of any civilian nu- of any agreement State under section 274 of ‘‘(2) VENUE.—The venue of any proceeding clear power reactor already licensed to oper- the Atomic Energy Act of 1954 (42 U.S.C. under this section shall be in the judicial cir- ate at such site, or any civilian nuclear 2021), by the appropriate State or State en- cuit in which the petitioner involved resides power reactor to which a construction per- tity, prior to issuance of licenses for low- or has its principal office, or in the United mit has been granted at such site, unless the level radioactive waste disposal or, in the States Court of Appeals for the District of Commission determines that any such issue case of licenses in effect on January 7, 1983, Columbia Circuit. substantially affects the design, construc- prior to termination of such licenses. ‘‘(b) DEADLINE FOR COMMENCING ACTION.—A tion, or operation of the facility or activity ‘‘(2) BONDING, SURETY, OR OTHER FINANCIAL civil action for judicial review described for which such license application, author- ARRANGEMENTS.—If the Commission deter- under subsection (a)(1) may be brought no ization, or amendment is being considered; mines that any long-term maintenance or later than 180 days after the date of the deci- or monitoring, or both, will be necessary at a sion or action or failure to act involved, as ‘‘(ii) any siting or design issue fully consid- site described in paragraph (1), the Commis- the case may be, except that if a party shows ered and decided by the Commission in con- sion shall ensure before termination of the that he did not know of the decision or ac- nection with the issuance of a construction license involved that the licensee has made tion complained of (or of the failure to act), permit or operating license for a civilian nu- available such bonding, surety, or other fi- and that a reasonable person acting under clear power reactor at such site, unless— nancial arrangements as may be necessary the circumstances would not have known, ‘‘(I) such issue results from any revision of to ensure that any necessary long-term such party may bring a civil action no later siting or design criteria by the Commission maintenance or monitoring needed for such than 180 days after the date such party ac- following such decision; and site will be carried out by the person having quired actual or constructive knowledge or ‘‘(II) the Commission determines that such title and custody for such site following li- such decision, action, or failure to act. issue substantially affects the design, con- cense termination. ‘‘(c) APPLICATION OF OTHER LAW.—The pro- struction, or operation of the facility or ac- ‘‘(b) TITLE AND CUSTODY.— visions of this section relating to any matter tivity for which such license application, au- ‘‘(1) AUTHORITY OF SECRETARY.—The Sec- shall apply in lieu of the provisions of any thorization, or amendment is being consid- retary shall have authority to assume title other Act relating to the same matter. ered. and custody of low-level radioactive waste ‘‘SEC. 503. LICENSING OF FACILITY EXPANSIONS ‘‘(3) APPLICATION.—The provisions of para- and the land on which such waste is disposed AND TRANSSHIPMENTS. graph (2)(B) shall apply only with respect to of, upon request of the owner of such waste ‘‘(a) ORAL ARGUMENT.—In any Commission licenses, authorizations, or amendments to and land and following termination of the li- hearing under section 189 of the Atomic En- licenses or authorizations, applied for under cense issued by the Commission for such dis- ergy Act of 1954 (42 U.S.C. 2239) on an appli- the Atomic Energy Act of 1954 (42 U.S.C. 2011 posal, if the Commission determines that— cation for a license, or for an amendment to et seq.) before December 31, 2005. ‘‘(A) the requirements of the Commission an existing license, filed after January 7, ‘‘(4) CONSTRUCTION.—The provisions of this for site closure, decommissioning, and de- 1983, to expand the spent nuclear fuel storage section shall not apply to the first applica- contamination have been met by the licensee S8894 CONGRESSIONAL RECORD — SENATE July 25, 1996 involved and that such licensee is in compli- ‘‘(b) No later than 6 months following the among persons who meet the qualifications ance with the provisions of subsection (a); date of enactment of the Nuclear Waste Pol- described in subparagraph (C). ‘‘(B) such title and custody will be trans- icy Act of 1996, the Secretary is authorized ‘‘(B) VACANCIES.—The National Academy of ferred to the Secretary without cost to the to accept all spent nuclear fuel withdrawn Sciences shall nominate not less than 2 per- Federal Government; and from Dairyland Power Cooperative’s La sons to fill any vacancy on the Board from ‘‘(C) Federal ownership and management of Crosse Reactor and, upon acceptance, shall among persons who meet the qualifications such site is necessary or desirable in order to provide Dairyland Power Cooperative with described in subparagraph (C). protect the public health and safety, and the evidence of the title transfer. Immediately ‘‘(C) NOMINEES.— environment. upon the Secretary’s acceptance of such ‘‘(i) Each person nominated for appoint- ‘‘(2) PROTECTION.—If the Secretary assumes spent nuclear fuel, the Secretary shall as- ment to the Board shall be— title and custody of any such waste and land sume all responsibility and liability for the ‘‘(I) eminent in a field of science or engi- under this subsection, the Secretary shall interim storage and permanent disposal neering, including environmental sciences; maintain such waste and land in a manner thereof and is authorized to compensate and that will protect the public health and safe- Dairyland Power Cooperative for any costs ‘‘(II) selected solely on the basis of estab- ty, and the environment. related to operating and maintaining facili- lished records of distinguished service. ‘‘(c) SPECIAL SITES.—If the low-level radio- ties necessary for such storage from the date ‘‘(ii) The membership of the Board shall be active waste involved is the result of a li- of acceptance until the Secretary removes representatives of the broad range of sci- censed activity to recover zirconium, haf- the spent nuclear fuel from the La Crosse entific and engineering disciplines related to nium, and rare earths from source material, Reactor site.’’ activities under this title. the Secretary, upon request of the owner of ‘‘SEC. 509. DECOMMISSIONING PILOT PROGRAM. ‘‘(iii) No person shall be nominated for ap- the site involved, shall assume title and cus- pointment to the Board who is an employee tody of such waste and the land on which it ‘‘(a) AUTHORIZATION.—the Secretary is au- thorized to establish a Decommissioning of— is disposed when such site has been decon- ‘‘(I) the Department of Energy; Pilot Program to decommission and decon- taminated and stabilized in accordance with ‘‘(II) a national laboratory under contract taminate the sodium-cooled fast breeder ex- the requirements established by the Com- with the Department of Energy; or perimental test-site reactor located in mission and when such owner has made ade- ‘‘(III) an entity performing spent nuclear northwest Arkansas. quate financial arrangements approved by fuel or high-level radioactive waste activi- ‘‘(b) FUNDING.—No funds from the Nuclear the Commission for the long-term mainte- ties under contract with the Department of Waste Fund may be used for the Decommis- nance and monitoring of such site. Energy. sioning Pilot Program. ‘‘SEC. 506. NUCLEAR REGULATORY COMMISSION ‘‘(4) VACANCIES.—Any vacancy on the TRAINING AUTHORIZATION. ‘‘SEC. 510. WATER RIGHTS. Board shall be filled by the nomination and ‘‘The Commission is authorized and di- ‘‘a) NO FEDERAL RESERVATION.—Nothing in appointment process described in paragraphs rected to promulgate regulations, or other this Act or any other Act of Congress shall (1) and (3). appropriate regulatory guidance, for the constitute or be construed to constitute ei- ‘‘(5) TERMS.—Members of the Board shall training and qualifications of civilian nu- ther an express or implied Federal reserva- be appointed for terms of 4 years, each such clear power plant operators, supervisors, tion of water or water rights for any purpose term to commence 120 days after December technicians, and other appropriate operating arising under this Act. 22, 1987, except that of the 11 members first personnel. Such regulations or guidance ‘‘(b) ACQUISITION AND EXERCISE OF WATER appointed to the Board, 5 shall serve for 2 shall establish simulator training require- RIGHTS UNDER NEVADA LAW.—The United years and 6 shall serve for 4 years, to be des- ments for applicants for civilian nuclear States may acquire and exercise such water ignated by the President at the time of ap- power plant operator licenses and for opera- rights as it deems necessary to carry out its pointment, except that a member of the tor requalification programs; requirements responsibilities under this Act pursuant to Board whose term has expired may continue governing Commission administration of re- the substantive and procedural requirements to serve as a member of the Board until such qualification examinations; requirements for of the State of Nevada. Nothing in this Act member’s successor has taken office. operating tests at civilian nuclear power shall be construed to authorize the use of ‘‘SEC. 603. FUNCTIONS. plant simulators, and instructional require- eminent domain by the United States to ac- ‘‘The Board shall limit its evaluations to ments for civilian nuclear power plant li- quire water rights for such lands. the technical and scientific validity solely of censee personnel training programs. ‘‘(c) EXERCISE OF WATER RIGHTS GEN- the following activities undertaken directly ‘‘SEC. 507. EMPLACEMENT SCHEDULE. ERALLY UNDER NEVADA LAWS.—Nothing in by the Secretary after December 22, 1987— ‘‘(a) The emplacement schedule shall be this Act shall be construed to limit the exer- ‘‘(1) site characterization activities; and implemented in accordance with the follow- cise of water rights as provided under Ne- ‘‘(2) activities of the Secretary relating to ing: vada State laws. the packaging or transportation of spent nu- ‘‘(1) Emplacement priority ranking shall ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL clear fuel or high-level radioactive waste. be determined by the Department’s annual REVIEW BOARD ‘‘SEC. 604. INVESTIGATORY POWERS. ‘Acceptance Priority Ranking’ report. ‘‘(2) The Secretary’s spent fuel emplace- ‘‘SEC. 601. DEFINITIONS. ‘‘(a) HEARINGS.—Upon request of the Chair- ment rate shall be no less than the following: ‘‘For purposes of this title— man or a majority of the members of the 1,200 MTU in fiscal year 2000 and 1,200 MTU ‘‘(1) CHAIRMAN.—The term ‘Chairman’ Board, the Board may hold such hearings, sit in fiscal year 2001; 2,000 MTU in fiscal year means the Chairman of the Nuclear Waste and act at such times and places, take such 2002 and 2000 MTU in fiscal year 2003; 2,700 Technical Review Board. testimony, and receive such evidence, as the MTU in fiscal year 2004; and 3,000 MTU annu- ‘‘(2) BOARD.—The term ‘Board’ means the Board considers appropriate. Any member of ally thereafter. Nuclear Waste Technical Review Board con- the Board may administer oaths or affirma- ‘‘(b) If the Secretary is unable to begin em- tinued under section 602. tions to witnesses appearing before the placement by November 30, 1999 at the rates ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW Board. The Secretary or the Secretary’s des- specified in subsection (a), or if the cumu- BOARD. ignee or designees shall not required to ap- lative amount emplaced in any year there- ‘‘(a) CONTINUATION OF THE NUCLEAR WASTE pear before the Board or any element of the after is less than that which would have been TECHNICAL REVIEW BOARD.—The Nuclear Board for more than twelve working days per accepted under the emplacement rate speci- Waste Technical Review Board, established calendar year. fied in subsection (a), the Secretary shall, as under section 502(a) of the Nuclear Waste ‘‘(b) PRODUCTION OF DOCUMENTS.— a mitigation measure, adjust the emplace- Policy Act of 1982 as constituted prior to the ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re- ment schedule upward such that within 5 date of enactment of the Nuclear Waste Pol- quest of the Chairman or a majority of the years of the start of emplacement by the icy Act of 1996, shall continue in effect subse- members of the Board, and subject to exist- Secretary, quent to the date of enactment of the Nu- ing law, the Secretary (or any contractor of ‘‘(1) the total quantity accepted by the clear Waste Policy Act of 1996. the Secretary) shall provide the Board with Secretary is consistent with the total quan- ‘‘(b) MEMBERS.— such records, files, papers, data, or informa- tity that the Secretary would have accepted ‘‘(1) NUMBER.—The Board shall consist of 11 tion that is generally available to the public if the Secretary had began emplacement in members who shall be appointed by the as may be necessary to respond to any in- fiscal year 2000, and President not later than 90 days after De- quiry of the Board under this title. ‘‘(2) thereafter the emplacement rate is cember 22, 1987, from among persons nomi- ‘‘(2) EXTENT.—Subject to existing law, in- equivalent to the rate that would be in place nated by the National Academy of Sciences formation obtainable under paragraph (1) pursuant to paragraph (a) above if the Sec- in accordance with paragraph (3). may include drafts of products and docu- retary had commenced emplacement in fis- ‘‘(2) CHAIR.—The President shall designate mentation of work in progress. cal year 2000. a member of the Board to serve as Chairman. ‘‘SEC. 605. COMPENSATION OF MEMBERS. ‘‘SEC. 508. TRANSFER OF TITLE. ‘‘(3) NATIONAL ACADEMY OF SCIENCES.— ‘‘(a) IN GENERAL.—Each member of the ‘‘(a) Acceptance by the Secretary of any ‘‘(A) NOMINATIONS.—The National Academy Board shall be paid at the rate of pay pay- spent nuclear fuel or high-level radioactive of Sciences shall, not later than 90 days after able for level III of the Executive Schedule waste shall constitute a transfer of title to December 22, 1987, nominate not less than 22 for each day (including travel time) such the Secretary. persons for appointment to the Board from member is engaged in the work of the Board. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8895

‘‘(b) TRAVEL EXPENSE.—Each member of Secretary begins disposal of spent nuclear ‘‘(3) a detailed description of the Sec- the Board may receive travel expenses, in- fuel or high-level radioactive waste in the re- retary’s contingency plans in the event that cluding per diem in lieu of subsidence, in the pository. the Secretary is unable to met the planned same manner as is permitted under sections ‘‘TITLE VII—MANAGEMENT REFORM schedule and timeline; and 5702 and 5703 of title 5, United States Code. ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES. ‘‘(4) an analysis by the Secretary of its ‘‘SEC. 606. STAFF. ‘‘(a) IN GENERAL.—The Secretary is di- funding needs for fiscal years 1997 through ‘‘(a) CLERICAL STAFF.— rected to take actions as necessary to im- 2001. ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to prove the management of the civilian radio- ‘‘(b) ANNUAL REPORTS.—On each anniver- paragraph (2), the Chairman may appoint active waste management program to ensure sary of the submittal of the report required and fix the compensation of such clerical that the program is operated, by the maxi- by subsection (a), the Secretary shall make staff as may be necessary to discharge the mum extent practicable, in like manner as a annual reports to the Congress for the pur- responsibilities of the Board. private business. pose of updating the information contained ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff ‘‘(b) AUDITS.— in such report. The annual reports shall be shall be appointed subject to the provisions ‘‘(1) STANDARD.—The Office of Civilian Ra- brief and shall notify the Congress of: of title 5, United States Code, governing ap- dioactive Waste Management, its contrac- ‘‘(1) any modifications to the Secretary’s pointments in the competitive service, and tors, and subcontractors at all tiers, shall schedule and timeline for meeting its obliga- shall be paid in accordance with the provi- conduct, or have conducted, audits and ex- tions under this Act; sions of chapter 51 and subchapter III of aminations of their operations in accordance ‘‘(2) the reasons for such modifications, chapter 3 of such title relating to classifica- with the usual and customary practices of and the status of the implementation of any tion and General Schedule pay rates. private corporations engaged in large nu- of the Secretary’s contingency plans; and ‘‘(b) PROFESSIONAL STAFF.— clear construction projects consistent with ‘‘(3) the Secretary’s analysis of its funding ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to its role in the program. needs for the ensuring 5 fiscal years. paragraphs (2) and (3), the Chairman may ap- ‘‘(2) TIME.—The management practices and ‘‘SEC. 703. EFFECTIVE DATE. point and fix the compensation of such pro- performances of the Office of Civilian Radio- ‘‘This Act shall become effective one day fessional staff as may be necessary to dis- active Waste Management shall be audited after enactment.’’. charge the responsibilities of the Board. every 5 years by an independent manage- ‘‘(2) NUMBER.—Not more than 10 profes- ment consulting firm with significant expe- AMENDMENT NO. 5056 rience in similar audits of private corpora- sional staff members may be appointed Beginning on page 1, line 3, strike ‘‘Nu- tions engaged in large nuclear construction under this subsection. clear’’ and all that follows, and insert in lieu projects. The first such audit shall be con- ‘‘(3) TITLE 5.—Professional staff members thereof the following: ‘‘the Nuclear Waste ducted 5 years after the enactment of the may be appointed without regard to the pro- Policy Act of 1982 is amended to read as fol- Nuclear Waste Policy Act of 1996. visions of title 5, United States Code, govern- lows: ‘‘(3) COMPTROLLER GENERAL.—The Comp- ing appointments in the competitive service, troller General of the United States shall an- ‘‘SECTION 1. SHORT TITLE AND TABLE OF CON- and may be paid without regard to the provi- nually make an audit of the Office, in ac- TENTS. sions of chapter 51 and subchapter III of cordance with such regulations as the Comp- ‘‘(a) SHORT TITLE.—This Act may be cited chapter 53 of such title relating to classifica- troller General may prescribe. The Comp- as the ‘Nuclear Waste Policy Act of 1996’. tion and General Schedule pay rates, except troller General shall have access to such ‘‘(b) TABLE OF CONTENTS.— that no individual so appointed may receive books, records, accounts, and other mate- ‘‘Sec. 1. Short title and table of contents. pay in excess of the annual rate of basic pay rials of the Office as the Comptroller General ‘‘Sec. 2. Definitions. payable for GS–18 of the General Schedule. determines to be necessary for the prepara- ‘‘TITLE I—OBLIGATIONS ‘‘SEC. 607. SUPPORT SERVICES. tion of such audit. The Comptroller General ‘‘Sec. 101. Obligations of the Secretary of ‘‘(a) GENERAL SERVICES.—To the extent shall submit to the Congress a report on the Energy. permitted by law and requested by the Chair- results of each audit conducted under this man, the Administrator of General Services ‘‘TITLE II—INTEGRATED MANAGEMENT section. SYSTEM shall provide the Board with necessary ad- ‘‘(4) TIME.—No audit contemplated by this ministrative services, facilities, and support subsection shall take longer than 30 days to ‘‘Sec. 201. Intermodal transfer. on a reimbursable basis. conduct. An audit report shall be issued in ‘‘Sec. 202. Transportation planning. ‘‘(b) ACCOUNTING, RESEARCH, AND TECH- final form no longer than 60 days after the ‘‘Sec. 203. Transportation requirements. NOLOGY ASSESSMENT SERVICES.—The Comp- audit is commenced. ‘‘Sec. 204. Interim storage. troller General and the Librarian of Congress ‘‘(5) PUBLIC DOCUMENTS.—All audit reports ‘‘Sec. 205. Permanent repository. shall, to the extent permitted by law and shall be public documents and available to ‘‘Sec. 206. Land withdrawal. subject to the availability of funds, provide any individual upon request. ‘‘TITLE III—LOCAL RELATIONS the Board with such facilities, support, funds ‘‘(d) VALUE ENGINEERING.—The Secretary ‘‘Sec. 301. Financial assistance. and services, including staff, as may be nec- shall create a value engineering function ‘‘Sec. 302. On-Site representative. essary for the effective performance of the within the Office of Civilian Radioactive ‘‘Sec. 303. Acceptance of benefits. functions of the Board. Waste Management that reports directly to ‘‘Sec. 304. Restrictions on use of funds. ‘‘(c) ADDITIONAL SUPPORT.—Upon the re- the Director, which shall carry out value en- ‘‘Sec. 305. Land of conveyances. quest of the Chairman, the Board may secure gineering functions in accordance with the ‘‘TITLE IV—FUNDING AND directly from the head of any department or usual and customary practices of private ORGANIZATION agency of the United States information nec- corporations engaged in large nuclear con- essary to enable it to carry out this title. struction projects. ‘‘Sec. 401. Program funding. ‘‘(d) MAILS.—The Board may use the Unit- ‘‘(e) SITE CHARACTERIZATION.—The Sec- ‘‘Sec. 402. Office of Civilian Radioactive ed States mails in the same manner and retary shall employ, on an on-going basis, in- Waste Management. under the same conditions as other depart- tegrated performance modeling to identify ‘‘Sec. 403. Federal contribution. ments and agencies of the United States. appropriate parameters for the remaining ‘‘TITLE V—GENERAL AND ‘‘(e) EXPERTS AND CONSULTANTS.—Subject site characterization effort and to eliminate MISCELLANEOUS PROVISIONS to such rules as may be prescribed by the studies of parameters that are shown not to ‘‘Sec. 501. Compliance with other laws. Board, the Chairman may procure temporary affect long-term repository performance. ‘‘Sec. 502. Judicial review of agency actions. and intermittent services under section ‘‘SEC. 702. REPORTING. ‘‘Sec. 503. Licensing of facility expansions 3109(b) of title 5 of the United States Code, ‘‘(a) INITIAL REPORT.—Within 180 days of and transshipments. but at rates for individuals not to exceed the enactment of this section, the Secretary ‘‘Sec. 504. Siting a second repository. daily equivalent of the maximum annual shall report to Congress on its planned ac- ‘‘Sec. 505. Financial arrangements for low- rate of basic pay payable for GS–18 of the tions for implementing the provisions of this level radioactive waste site clo- General Schedule. Act, including the development of the Inte- sure. ‘‘SEC. 608. REPORT. grated Waste Management System. Such re- ‘‘Sec. 506. Nuclear Regulatory Commission ‘‘The Board shall report not less than 2 port shall include— training authority. times per year to Congress and the Secretary ‘‘(1) an analysis of the Secretary’s progress ‘‘Sec. 507. Emplacement schedule. its findings, conclusions, and recommenda- in meeting its statutory and contractual ob- ‘‘Sec. 508. Transfer of title. tions. ligation to accept title to, possession of, and ‘‘Sec. 509. Decommissioning pilot program. delivery of spent nuclear fuel and high-level ‘‘Sec. 510. Water rights. ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. radioactive waste beginning no later than ‘‘There are authorized to be appropriated November 30, 1999, and in accordance with ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL for expenditures such as may be necessary to the acceptance schedule; REVIEW BOARD carry out the provisions of this title. ‘‘(2) a detailed schedule and timeline show- ‘‘Sec. 601. Definitions. ‘‘SEC. 610. TERMINATION OF THE BOARD. ing each action that the Secretary intends to ‘‘Sec. 602. Nuclear Waste Technical Review ‘‘The Board shall cease to exist not later take to meet the Secretary’s obligations Board. than one year after the date on which the under this Act and the contracts; ‘‘Sec. 603. Functions. S8896 CONGRESSIONAL RECORD — SENATE July 25, 1996

‘‘Sec. 604. Investigatory powers. foreseeable intent of recovery, whether or ‘‘(21) METRIC TONS URANIUM.—The terms ‘‘Sec. 605. Compensation of members. not such emplacement permits recovery of ‘metric tons uranium’ and ‘MTU’ means the ‘‘Sec. 606. Staff. such material for any future purpose. amount of uranium in the original ‘‘Sec. 607. Support services. ‘‘(11) DISPOSAL SYSTEM.—The term ‘dis- unirradiated fuel element whether or not the ‘‘Sec. 608. Report. posal system’ means all natural barriers and spent nuclear fuel has been reprocessed. ‘‘Sec. 609. Authorization of appropriations. engineered barriers, and engineered systems ‘‘(22) NUCLEAR WASTE FUND.—The terms ‘‘Sec. 610. Termination of the board. and components, that prevent the release of ‘Nuclear Waste Fund’ and ‘waste fund’ mean ‘‘TITLE VII—MANAGEMENT REFORM radionuclides from the repository. the nuclear waste fund established in the ‘‘Sec. 701. Management reform initiatives. ‘‘(12) EMPLACEMENT SCHEDULE.—The term United States Treasury prior to the date of ‘‘Sec. 702. Reporting. ‘emplacement schedule’ means the schedule enactment of this Act under section 302(c) of ‘‘Sec. 703. Effective date. established by the Secretary in accordance the Nuclear Waste Policy Act of 1982. with section 507(a) for emplacement of spent ‘‘(23) OFFICE.—The term ‘Office’ means the ‘‘SECTION 2. DEFINITIONS. nuclear fuel and high-level radioactive waste Office of Civilian Radioactive Waste Manage- ‘‘For purposes of this Act: at the interim storage facility. ment established within the Department ‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘ac- ‘‘(13) ENGINEERED BARRIERS AND ENGI- prior to the date of enactment of this Act cept’ and ‘acceptance’ mean the Secretary’s NEERED SYSTEMS AND COMPONENTS.—The under the provisions of the Nuclear Waste act of taking possession of spent nuclear fuel terms ‘engineered barriers’ and ‘engineered Policy Act of 1982. or high-level radioactive waste. systems and components,’ mean man-made ‘‘(24) PROGRAM APPROACH.—The term ‘pro- ‘‘(2) AFFECTED INDIAN TRIBE.—The term components of a disposal system. These gram approach’ means the Civilian Radio- ‘‘affected Indian tribe’’ means any Indian terms include the spent nuclear fuel or high- active Waste Management Program Plan, tribe— level radioactive waste form, spent nuclear dated May 6, 1996, as modified by this Act, ‘‘(A) whose reservation is surrounded by or fuel package or high-level radioactive waste and as amended from time to time by the borders an affected unit of local government, package, and other materials placed over and Secretary in accordance with this Act. or around such packages. ‘‘(25) REPOSITORY.—The term ‘repository’ ‘‘(B) whose federally defined possessory or ‘‘(14) HIGH-LEVEL RADIOACTIVE WASTE.—The means a system designed and constructed usage rights to other lands outside of the term ‘high-level radioactive waste’ means— under title II of this Act for the geologic dis- reservation’s boundaries arising out of con- ‘‘(A) the highly radioactive material re- posal of spent nuclear fuel and high-level ra- gressionally ratified treaties may be sub- sulting from the reprocessing of spent nu- dioactive waste, including both surface and stantially and adversely affected by the lo- clear fuel, including liquid waste produced subsurface areas at which spent nuclear fuel cating of an interim storage facility or a re- directly reprocessing and any solid material and high-level radioactive waste receipt, pository if the Secretary of the Interior derived from such liquid waste that contains handling, possession, safeguarding, and stor- finds, upon the petition of the appropriate fission products in sufficient concentrations; age are conducted. governmental officials of the tribe, that such and ‘‘(26) SECRETARY.—The term ‘Secretary’ effects are both substantial and adverse to ‘‘(B) other highly radioactive material that means the Secretary of Energy. the tribe. the Commission, consistent with existing ‘‘(27) SITE CHARACTERIZATION.—The term FFECTED UNIT OF LOCAL GOVERN- ‘‘(3) A law, determines by rule requires permanent ‘site characterization’ means activities, MENT.—The term ‘affected unit of local gov- isolation, which includes any low-level ra- whether in a laboratory or in the field, un- ernment’ means the unit of local government dioactive waste with concentrations of radio- dertaken to establish the geologic condition with jurisdiction over the site of a repository nuclides that exceed the limits established and the ranges of the parameters of a can- or interim storage facility. Such term may, by the Commission for class C radioactive didate site relevant to the location of a re- at the discretion of the Secretary, include waste, as defined by section 61.55 of title 10, pository, including borings, surface exca- other units of local government that are con- Code of Federal Regulations, as in effect on vations, excavations of exploratory facili- tiguous with such unit. January 26, 1983. ties, limited subsurface lateral excavations ‘‘(4) ATOMIC ENERGY DEFENSE ACTIVITY.— ‘‘(15) FEDERAL AGENCY.—The term ‘Federal and borings, and in situ testing needed to The term ‘atomic energy defense activity’ agency’ means any Executive agency, as de- evaluate the licensability of a candidate site means any activity of the Secretary per- fined in section 105 of title 5, United States for the location of a repository, but not in- formed in whole or in part in carrying out Code. cluding preliminary borings and geophysical any of the following functions: ‘‘(16) INDIAN TRIBE.—The term ‘Indian testing needed to assess whether site charac- ‘‘(A) Naval reactors development. tribe’ means any Indian tribe, band, nation, terization should be undertaken. ‘‘(B) Weapons activities including defense or other organized group or community of ‘‘(28) SPENT NUCLEAR FUEL.—The term inertial confinement fusion. Indians recognized as eligible for the services ‘spent nuclear fuel’ means fuel that has been ‘‘(C) Verification and control technology. provided to Indians by the Secretary of the withdrawn from a nuclear reactor following ‘‘(D) Defense nuclear materials production. Interior because of their status as Indians in- irradiation, the constituent elements of ‘‘(E) Defense nuclear waste and materials cluding any Alaska Native village, as defined which have not been separated by reprocess- byproducts management. in section 3(c) of the Alaska Native Claims ing. ‘‘(F) Defense nuclear materials security Settlement Act (43 U.S.C. 1602(c)). ‘‘(29) STORAGE.—The term ‘storage’ means and safeguards and security investigations. ‘‘(17) INTEGRATED MANAGEMENT SYSTEM.— retention of spent nuclear fuel or high-level ‘‘(G) Defense research and development. The term ‘integrated management system’ radioactive waste with the intent to recover ‘‘(5) CIVILIAN NUCLEAR POWER REACTOR.— means the system developed by the Sec- such waste or fuel for subsequent use, proc- The term ‘civilian nuclear power reactor’ retary for the acceptance, transportation, essing, or disposal. means a civilian nuclear power plant re- storage, and disposal of spent nuclear fuel ‘‘(30) WITHDRAWAL.—The term ‘withdrawal’ quired to be licensed under section 103 or 104 and high-level radioactive waste under title has the same definition as that set forth in b. of the Atomic Energy Act of 1954 (42 U.S.C. II of this Act. section 103(j) of the Federal Land Policy and 2133, 2134(b)). ‘‘(18) INTERIM STORAGE FACILITY.—The term Management Act of 1976 (43 U.S.C. 1702(j)). ‘‘(6) COMMISSION.—The term ‘Commission’ ‘interim storage facility’ means a facility de- ‘‘(31) YUCCA MOUNTAIN SITE.—The term means the Nuclear Regulatory Commission. signed and constructed for the receipt, han- ‘Yucca Mountain site’ means the area in the ‘‘(7) CONTRACTS.—The term ‘contracts’ dling, possession, safeguarding, and storage State of Nevada that is withdrawn and re- means the contracts, executed prior to the of spent nuclear fuel and high-level radio- served in accordance with this Act for the lo- date of enactment of the Nuclear Waste Pol- active waste in accordance with title II of cation of a repository. icy Act of 1996, under section 302(a) of the this Act. Nuclear Waste Policy Act of 1982, by the Sec- ‘‘(19) INTERIM STORAGE FACILITY SITE.—The ‘‘TITLE I—OBLIGATIONS retary and any person who generates or term ‘interim storage facility site’ means ‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF holds title to spent nuclear fuel or high-level the specific site within Area 25 of the Nevada ENERGY. radioactive waste of domestic origin for ac- Test Site that is designated by the Secretary ‘‘(a) DISPOSAL.—The Secretary shall de- ceptance of such waste or fuel by the Sec- and withdrawn and reserved in accordance velop and operate an integrated management retary and the payment of fees to offset the with this Act for the location of the interim system for the storage and permanent dis- Secretary’s expenditures, and any subse- storage facility. posal of spent nuclear fuel and high-level ra- quent contracts executed by the Secretary ‘‘(2) LOW-LEVEL RADIOACTIVE WASTE.—The dioactive waste. pursuant to section 401(a) of this Act.’’ term ‘low-level radioactive waste’ means ra- ‘‘(b) INTERIM STORAGE.—The Secretary ‘‘(8) CONTRACT HOLDERS.—The term ‘con- dioactive material that— shall store spent nuclear fuel and high-level tract holders’ means parties (other than the ‘‘(A) is not spent nuclear fuel, high-level radioactive waste from facilities designated Secretary) to contracts. radioactive waste, transuranic waste, or by- by contract holders at an interim storage fa- ‘‘(9) DEPARTMENT.—The term ‘Department’ product material as defined in section 11 e.(2) cility pursuant to section 204 in accordance means the Department of Energy. of the Atomic Energy Act of 1954 (42 U.S.C. with the emplacement schedule, beginning ‘‘(10) DISPOSAL.—The term ‘disposal’ means 2014 (e)(2)); and not later than November 30, 1999. the emplacement in a repository of spent nu- ‘‘(B) the Commission, consistent with ex- ‘‘(c) TRANSPORTATION.—The Secretary shall clear fuel, high-level radioactive waste, or isting law, classifies as low-level radioactive provide for the transportation of spent nu- other highly radioactive material with no waste. clear fuel and high-level radioactive waste July 25, 1996 CONGRESSIONAL RECORD — SENATE S8897 accepted by the Secretary. The Secretary sites and rights-of-way to be acquired under fuel receipt until closure of the facility shall procure all systems and components this subsection; and under paragraph (1)(C) shall be made on the necessary to transport spent nuclear fuel and ‘‘(2) file copies of a map of such sites and anniversary date of such first spent fuel re- high-level radioactive waste from facilities rights-of-way with the Congress, the Sec- ceipt. designated by contract holders to and among retary of the Interior, the State of Nevada, ‘‘(4) REDUCTION.—If the first spent fuel pay- facilities comprising the Integrated Manage- the Archivist of the United States, the Board ment under paragraph (1)(B) is made within ment System. Consistent with the Buy of Lincoln County Commissioners, the Board 6 months after the last annual payment prior American Act (41 U.S.C. 10a–10c), unless the of Nye County Commissioners, and the to the receipt of spent fuel under paragraph Secretary shall determine it to be inconsist- Caliente City Council. Such map and legal (1)(A), such first spent fuel payment under ent with the public interest, or the cost to be description shall have the same force and ef- paragraph (1)(B) shall be reduced by an unreasonable, all such systems and compo- fect as if they were included in this Act. The amount equal to 1⁄2 of such annual payment nents procured by the Secretary shall be Secretary may correct clerical and typo- under paragraph (1)(A) for each full month manufactured in the United States, with the graphical errors and legal descriptions and less than 6 that has not elapsed since the last exception of any transportable storage sys- make minor adjustments in the boundaries. annual payment under paragraph (1)(A). tems purchased by contract holders prior to ‘‘(f) IMPROVEMENTS.—The Secretary shall ‘‘(5) RESTRICTIONS.—The Secretary may the effective date of the Nuclear Waste Pol- make improvements to existing roadways se- not restrict the purposes for which the pay- icy Act of 1996 and procured by the Secretary lected for heavy-haul truck transport be- ments under this section may be used. from such contract holders for use in the in- tween Caliente, Nevada, and the interim ‘‘(6) DISPUTE.—In the event of a dispute tegrated management system. storage facility site as necessary to facili- concerning such agreement, the Secretary ‘‘(d) INTEGRATED MANAGEMENT SYSTEM.— tate year-round safe transport of spent nu- shall resolve such dispute, consistent with The Secretary shall expeditiously pursue the clear fuel and high-level radioactive waste. this Act and applicable State law. development of each component of the inte- ‘‘(g) LOCAL GOVERNMENT INVOLVEMENT.— ‘‘(7) CONSTRUCTION.—The signature of the grated management system, and in so doing The Commission shall enter into a Secretary on a valid benefits agreement shall seek to utilize effective private sector Memorandumm of Understanding with the under this section shall constitute a commit- management and contracting practices. City of Caliente and Lincoln County, Ne- ment by the United States to make pay- ‘‘(e) PRIVATE SECTOR PARTICIPATION.—In vada, to provide advice to the Commission ments in accordance with such agreement administering the Integrated Management regarding intermodal transfer and to facili- under section 401(c)(2). System, the Secretary shall, to the maxi- tate on-site representation. Reasonable ex- ‘‘(j) INITIAL LAND CONVEYANCES.— mum extent possible, utilize, employ, pro- penses of such representation shall be paid ‘‘(1) CONVEYANCE OF PUBLIC LANDS.—One cure and contract with, the private sector to by the Secretary. hundred and twenty days after enactment of fulfill the Secretary’s obligations and re- ‘‘(h) BENEFITS AGREEMENT.— this Act, all right, title and interest of the quirements under this Act. ‘‘(1) IN GENERAL.—The Secretary shall offer United States in the property described in ‘‘(f) PRE-EXISTING RIGHTS.—Nothing in this to enter into agreement with Lincoln Coun- paragraph (2), and improvements thereon, to- Act is intended to or shall be construed to ty, Nevada concerning the integrated man- gether with all necessary easements for util- modify— agement system. ities and ingress and egress to such property, ‘‘(1) any right of a contract holder under ‘‘(2) AGREEMENT CONTENT.—Any agreement including, but not limited to, the right to section 302(a) of the Nuclear Waste Policy shall contain such terms and conditions, in- improve those easements, are conveyed by Act of 1982, or under a contract executed cluding such financial and institutional ar- operation of law to the County of Lincoln, prior to the date of enactment of this Act rangements, as the Secretary and agreement Nevada, unless the county notifies the Sec- under that section; or entity determine to be reasonable and appro- retary of Interior or the head of such other ‘‘(2) obligations imposed upon the federal priate and shall contain such provisions as appropriate agency in writing within 60 days government by the U.S. District Court of are necessary to preserve any right to par- of such date of enactment that it elects not Idaho in an order entered on October 17, 1995 ticipation or compensation of Lincoln coun- to take title to all or any part of the prop- in United States v. Batt (No. 91–0054–S–EJL). ty, Nevada. erty, except that any lands conveyed to the ‘‘(g) LIABILITY.—Subject to subsection (f), ‘‘(3) AMENDMENT.—An agreement entered nothing in this Act shall be construed to County of Lincoln under this subsection that into under this subsection may be amended are subject to a Federal grazing permit or subject the United States to financial liabil- only with the mutual consent of the parties ity for the Secretary’s failure to meet any lease or a similar federally granted permit or to the amendment and terminated only in lease shall be conveyed between 60 and 120 deadline for the acceptance or emplacement accordance with paragraph (4). of spent nuclear fuel or high-level radio- days of the earliest time the Federal agency ‘‘(4) TERMINATION.—The Secretary shall administering or granting the permit or active waste for storage or disposal under terminate the agreement under this sub- this Act. lease would be able to legally terminate such section if any major element of the inte- right under the statutes and regulations ex- ‘‘TITLE II—INTEGRATED MANAGEMENT grated management system may not be com- isting at the date of enactment of this Act, SYSTEM pleted. unless Lincoln County and the affected hold- ‘‘(5) LIMITATION.—Only 1 agreement may be SEC. 201. INTERMODAL TRANSFER. er of the permit or lease negotiate an agree- in effect at any one time. ‘‘(a) ACCESS.—The Secretary shall utilize ment that allows for an earlier conveyance. ‘‘(6) JUDICIAL REVIEW.—Decisions of the heavy-haul truck transport to move spent ‘‘(2) SPECIAL CONVEYANCES.—Notwithstand- Secretary under this section are not subject nuclear fuel and high-level radioactive waste ing any other law, the following public lands to judicial review. from the mainline rail line at Caliente, Ne- depicted on the maps and legal descriptions ‘‘(i) CONTENT OF AGREEMENT.— vada, to the interim storage facility site. dated October 11, 1995, shall be conveyed ‘‘(1) SCHEDULE.—In addition to the benefits ‘‘(b) CAPABILITY DATE.—The Secretary under paragraph (1) to the County of Lin- shall develop the capability to commence to which Lincoln County is entitled to under this title, the Secretary shall make pay- coln, Nevada: rail to truck intermodal transfer at Caliente, Map 10: Lincoln County, Parcel M, Indus- Nevada, no later than November 30, 1999. ments under the benefits agreement in ac- cordance with the following schedule: trial Park Site Intermodal transfer and related activities Map 11: Lincoln County, Parcel F, Mixed are incidental to the interstate transpor- BENEFITS SCHEDULE Use Industrial Site tation of spent nuclear fuel and high-level Map 13: Lincoln County, Parcel J, Mixed radioactive waste. [Amounts in millions] Use, Alamo Community Expansion Area ‘‘(c) ACQUISTIONS.—The Secretary shall ac- Map 14: Lincoln County, Parcel E, Mixed quire lands and rights-of-way necessary to Event Payment Use, Pioche Community Expansion Area commence intermodal transfer at Caliente (A) Annual payments prior to first receipt of spent fuel ...... $2.5 Map 15: Lincoln County, Parcel B, Landfill Nevada. (B) Annual payments beginning upon first spent fuel receipt ..... 5 Expansion Site. ‘‘(d) REPLACEMENTS.—The Secretary shall (C) Payment upon closure of the intermodal transfer facility ...... 5 acquire and develop on behalf of, and dedi- ‘‘(3) CONSTRUCTION.—The maps and legal descriptions of special conveyances referred cate to, the City of Caliente, Nevada, parcels ‘‘(2) DEFINITIONS.—For purposes of this sec- of land and right-of-way within Lincoln tion, the term— to in paragraph (2) shall have the same force County, Nevada, as required to facility re- ‘‘(A) ‘spent fuel’ means high-level radio- and effect as if they were included in this placement replacement of land and city active waste or spent nuclear fuel; and Act. The Secretary may correct clerical and wastewater disposal facilities necessary to ‘‘(B) ‘first spent fuel receipt’ does not in- typographical errors in the maps and legal commence intermodal transfer pursuant to clude receipt of spent fuel or high-level ra- descriptions and make minor adjustments in this Act. Replacement of land and city dioactive waste for purposes of testing or the boundaries of the sites. wastewater disposal activities shall occur no operational demonstration. ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon later than November 30, 1999. ‘‘(3) ANNUAL PAYMENTS.—Annual payments the request of the County of Lincoln, Ne- ‘‘(3) NOTICE AND MAP.—Within 6 months of prior to first spent fuel receipt under para- vada, the Secretary of the Interior shall pro- the date of enactment of the Nuclear Waste graph (1)(A) shall be made on the date of exe- vide evidence of title transfer. Policy Act of 1996, the Secretary shall— cution of the benefits agreement and there- ‘‘SEC. 202. TRANSPORTATION PLANNING. ‘‘(1) publish in the Federal Register a no- after on the anniversary date of such execu- ‘‘(a) TRANSPORTATION READINESS.—The tice containing a legal description of the tion. Annual payments after the first spent Secretary shall take those actions that are S8898 CONGRESSIONAL RECORD — SENATE July 25, 1996 necessary and appropriate to ensure that the lic regarding the transportation of spent nu- the interim storage of spent nuclear fuel and Secretary is able to transport safely spent clear fuel and high-level radioactive waste, high-level radioactive waste at the interim nuclear fuel and high-level radioactive waste with an emphasis upon those States, units of storage facility site. The interim storage fa- from sites designated by the contract holders local government, and Indian tribes through cility shall be subject to licensing pursuant to mainline transportation facilities, using whose jurisdiction the Secretary plans to to the Atomic Energy Act of 1954 in accord- routes that minimize, to the maximum prac- transport substantial amounts of spent nu- ance with the Commission’s regulations gov- ticable extent consistent with Federal re- clear fuel or high-level radioactive waste. erning the licensing of independent spent quirements governing transportation of haz- ‘‘(e) COMPLIANCE WITH TRANSPORTATION fuel storage installations, which regulations ardous materials, transportation of spent nu- REGULATIONS.—Any person that transports shall be amended by the Commission as nec- clear fuel and high-level radioactive waste spent nuclear fuel or high-level radioactive essary to implement the provisions of this through populated areas, beginning not later waste under the Nuclear Waste Policy Act of Act. The interim storage facility shall com- than November 30, 1999, and, by that date, 1986, pursuant to a contract with the Sec- mence operation in phases in accordance shall, in consultation with the Secretary of retary, shall comply with all requirements with subsection (b). Transportation, develop and implement a governing such transportation issued by the ‘‘(b) SCHEDULE.—(1) The Secretary shall comprehensive management plan that en- federal, state and local governments, and In- proceed forthwith and without further delay with all activities necessary to begin storing sures that safe transportation of spent nu- dian tribes, in the same way and to the same spent nuclear fuel and high-level radioactive clear fuel and high-level radioactive waste extent that any person engaging in that waste at the interim storage facility at the from the sites designated by the contract transportation that is in or affects interstate interim storage facility site by November 30, holders to the interim storage facility site commerce must comply with such require- 1999, except that: ments, as required by 49 U.S.C. sec. 5126. beginning not late than November 30, 1999. ‘‘(A) The Secretary shall not begin any ‘‘(f) EMPLOYEE PROTECTION.—Any person ‘‘(b) TRANSPORTATION PLANNING.—In con- construction activities at the interim stor- engaged in the interstate commerce of spent junction with the development of the age facility site before December 31, 1998. logistical plan in accordance with subsection nuclear fuel or high-level radioactive waste ‘‘(B) The Secretary shall cease all activi- (a), the Secretary shall update and modify, under contract to the Secretary pursuant to ties (except necessary termination activi- as necessary, the Secretary’s transportation this Act shall be subject to and comply fully ties) at the Yucca Mountain site if the Presi- institutional plans to ensure that institu- with the employee protection provisions of dent determines, in his discretion, on or be- tional issues are addressed and resolved on a 49 U.S.C. 20109 and 49 U.S.C. 31105. fore December 31, 1998, based on a preponder- schedule to support the commencement of ‘‘(g) TRAINING STANDARD.—(1) No later than ance of the information available at such transportation of spent nuclear fuel and 12 months after the date of enactment of the time, that the Yucca Mountain site is un- high-level radioactive waste to the interim Nuclear Waste Policy Act of 1996, the Sec- suitable for development as a repository, in- storage facility no later than November 30, retary of Transportation, pursuant to au- cluding geologic and engineered barriers, be- 1999. Among other things, such planning thority under other provisions of law, in con- cause of a substantial likelihood that a re- shall provide a schedule and process for ad- sultation with the Secretary of Labor and pository of useful size cannot be designed, li- dressing and implementing, as necessary, the Commission, shall promulgate a regula- censed, and constructed at the Yucca Moun- transportation routing plans, transportation tion establishing training standards applica- tain site. contracting plans, transportation training in ble to workers directly involved in the re- ‘‘(C) No later than June 30, 1998, the Sec- accordance with section 203, and public edu- moval and transportation of spent nuclear retary shall provide to the President and to cation regarding transportation of spent nu- fuel and high-level radioactive waste. The the Congress a viability assessment of the clear fuel and high level radioactive waste; regulation shall specify minimum training Yucca Mountain site. The viability assess- and transportation tracking programs. standards applicable to workers, including ment shall include managerial personnel. The regulation shall ‘‘(i) the preliminary design concept for the ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS. require that the employer possess evidence critical elements of the repository and waste ‘‘(a) PACKAGE CERTIFICATION.—No spent nu- of satisfaction of the applicable training package, clear fuel or high-level radioactive waste standard before any individual may be em- ‘‘(ii) a total system performance assess- may be transported by or for the Secretary ployed in the removal and transportation of ment, based upon the design concept and the under this Act except in packages that have spent nuclear fuel and high-level radioactive scientific data and analysis available by been certified for such purposes by the Com- waste. June 30, 1998, describing the probable behav- mission. ‘‘(2) If the Secretary of Transportation de- ior of the repository in the Yucca Mountain ‘‘(b) STATE NOTIFICATION.—The Secretary termines, in promulgating the regulation re- geologic setting relative to the overall sys- shall abide by regulations of the Commission quired by subparagraph (1), that regulations tem performance standard set forth in sec- regarding advance notification of State and promulgated by the Commission establish tion 205(d) of this Act, ‘‘(iii) a plan and cost estimate for the re- local governments prior to transportation of adequate training standards for workers, maining work required to complete a license spent nuclear fuel or high-level radioactive then the Secretary of Transportation can re- waste under this Act. application, and frain from promulgating additional regula- ‘‘(iv) an estimate of the costs to construct ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- tions with respect to worker training in such retary shall provide technical assistance and and operate the repository in accordance activities. The Secretary of Transportation with the design concept funds to States, units of local government, and the Commission shall work through and Indian tribes through whose jurisdiction ‘‘(D) Within 18 months of a determination their Memorandum of Understanding to en- by the President that the Yucca Mountain the Secretary plans to transport substantial sure coordination of worker training stand- amounts of spent nuclear fuel or high-level site is unsuitable for development as a repos- ards and to avoid duplicative regulation. itory under paragraph (B), the President radioactive waste for training for public ‘‘(3) The training standards required to be shall designate a site for the construction of safety officials of appropriate units of local promulgated under subparagraph (1) shall, an interim storage facility. If the President government. The Secretary shall also pro- among other things deemed necessary and does not designate a site for the construction vide technical assistance and funds for train- appropriate by the Secretary of Transpor- of an interim storage facility, or the con- ing directly to national nonprofit employee tation, include the following provisions— struction of an interim storage facility at organizations which demonstrate experience ‘‘(A) a specified minimum number of hours the designated site is not approved by law in implementing and operating worker of initial off site instruction and actual field within 24 months of the President’s deter- health and safety training and education experience under the direct supervision of a mination that the Yucca Mountain site is programs and demonstrate the ability to trained, experienced supervisor; not suitable for development as a repository, reach and involve in training programs tar- ‘‘(B) a requirement that onsite managerial the Secretary shall begin construction of an get populations of workers who are or will be personnel receive the same training as work- interim storage facility at the interim stor- directly engaged in the transportation of ers, and a minimum number of additional age facility site as defined in section 2(19) of spent nuclear fuel and high-level radioactive hours of specialized training pertinent to this Act. The interim storage facility site as waste, or emergency response or post-emer- their managerial responsibilities; and defined in section 2(19 of this Act shall be gency response with respect to such trans- ‘‘(C) a training program applicable to per- deemed to be approved by law for purposes of portation. Training shall cover procedures sons responsible for responding to and clean- this section. required for safe routine transportation of ing up emergency situations occurring dur- ‘‘(2) Upon the designation of an interim these materials, as well as procedures for ing the removal and transportation of spent storage facility site by the President under dealing with emergency response situations, nuclear fuel and high-level radioactive paragraph (1)(D), the Secretary shall proceed and shall be consistent with any training waste. forthwith and without further delay with all standards established by the Secretary of ‘‘(4) There is authorized to be appropriated activities necessary to begin storing spent Transportation in accordance with sub- to the Secretary of Transportation, from nuclear fuel and high-level radioactive waste section (g). The Secretary’s duty to provide general revenues, such sums as may be nec- at an interim storage facility at the des- technical and financial assistance under this essary to perform his duties under this sub- ignated site, except that the Secretary shall subsection shall be limited to amounts speci- section. not begin any construction activities at the fied in annual appropriations. ‘‘SEC. 204. INTERIM STORAGE. designated interim storage facility site be- ‘‘(d) PUBLIC EDUCATION.—The Secretary ‘‘(a) AUTHORIZATION.—The Secretary shall fore the designated interim storage facility shall conduct a program to educate the pub- design, construct, and operate a facility for site is approved by law. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8899

‘‘(c) DESIGN.— The Commission shall terminate all or part ‘‘(ii) the time of the initial availability of ‘‘(1) The interim storage facility shall be of such order upon a determination that the the interim storage facility; designed in two phases in order to commence Secretary has taken appropriate action to ‘‘(iii) any alternatives to the storage of operations no later than November 30, 1999. eliminate such risk. spent nuclear fuel and high-level radioactive The design of the interim storage facility ‘‘(2) FACILITY USE.—Notwithstanding any waste at the interim storage facility; shall provide for the use of storage tech- otherwise applicable licensing requirement, ‘‘(iv) any alternatives to the site of the fa- nologies, licensed, approved, or certified by the Secretary may utilize any facility owned cility as designated by the Secretary in ac- the Commission for use at the interim stor- by the Federal Government on the date of cordance with subsection (a); age facility as necessary to ensure compat- enactment of the Nuclear Waste Policy Act ‘‘(v) any alternatives to the design criteria ibility between the interim storage facility of 1996 within the boundaries of the interim for such facility or any individual compo- and contract holders’ spent nuclear fuel and storage facility site, in connection with an nent thereof, as specified by the Secretary in facilities, and to facilitate the Secretary’s imminent and substantial endangerment to the license application; or ability to meet the Secretary’s obligations public health and safety at the interim stor- (vi) the environmental impacts of the stor- under this Act. age facility prior to commencement of oper- age of spent nuclear fuel and high-level ra- ‘‘(2) The Secretary shall consent to an ations during the second phase. dioactive waste at the interim storage facil- amendment to the contracts to provide for ‘‘(3) EMPLACEMENT OF FUEL AND WASTE.— ity beyond the initial term of the license or reimbursement to contract holders for trans- Subject to paragraph (i), once the Secretary the term of the renewal period for which a li- portable storage systems purchased by con- has achieved the annual acceptance rate for cense renewal application is made. tract holders if the Secretary determines spent nuclear fuel from civilian nuclear ‘‘(g) JUDICIAL REVIEW.—Judicial review of that it is cost effective to use such trans- power reactors established pursuant to the the Commission’s environmental impact portable storage systems as part of the inte- contracts executed prior to the date of en- statement under the National Environ- grated management system, provided that actment of the Nuclear Waste Policy Act of mental Policy Act of 1969 (42 U.S.C. 4321 et the Secretary shall not be required to expend 1996, as set forth in the Secretary’s annual seq.) shall be consolidated with judicial re- any funds to modify contract holders’ stor- capacity report dated March, 1995 (DOE/RW– view of the Commission’s licensing decision. 0457), the Secretary shall accept, in an age or transport systems or to seek addi- No court shall have jurisdiction to enjoin the amount not less than 25 percent of the dif- tional regulatory approvals in order to use construction or operation of the interim ference between the contractual acceptance such systems. storage facility prior to its final decision on rate and the annual emplacement rate for ‘‘(d) LICENSING.— review of the Commission’s licensing action. ‘‘(1) PHASES.—The interim storage facility spent nuclear fuel from civilian nuclear ‘‘(h) WASTE CONFIDENCE.—The Secretary’s power reactors established under section shall be licensed by the Commission in two obligation to construct and operate the in- phases in order to commence operations no 507(a), the following radioactive materials: ‘‘(A) spent nuclear fuel or high-level radio- terim storage facility in accordance with later than November 30, 1999. this section and the Secretary’s obligation ‘‘(2) FIRST PHASE.—No later than 12 months active waste of domestic origin from civilian to develop an integrated management sys- after the date of enactment of the Nuclear nuclear power reactors that have perma- tem in accordance with the provisions of this Waste Policy Act of 1996, the Secretary shall nently ceased operation on or before the date Act, shall provide sufficient and independent submit to the Commission an application for of enactment of the Nuclear Waste Policy grounds for any further findings by the Com- a license for the first phase of the interim Act of 1996; mission of reasonable assurance that spent storage facility. The Environmental Report ‘‘(B) spent nuclear fuel from foreign re- nuclear fuel and high-level radioactive waste and Safety Analysis Report submitted in search reactors, as necessary to promote will be disposed of safely and on a timely support of such license application shall be non-proliferation objectives; and basis for purposes of the Commission’s deci- consistent with the scope of authority re- ‘‘(C) spent nuclear fuel, including spent nu- sion to grant or amend any license to oper- quested in the license application. The li- clear fuel from naval reactors, and high-level ate any civilian nuclear power reactor under cense issued for the first phase of the interim radioactive waste from atomic energy de- fense activities. the Atomic Energy Act of 1954 (42 U.S.C. 2011, storage facility shall have a term of 20 years. ‘‘(f) NATIONAL ENVIRONMENTAL POLICY ACT et seq.) The interim storage facility licensed in the OF 9169.— ‘‘(i) STORAGE OF OTHER SPENT NUCLEAR first phase shall have a capacity of not more ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI- FUEL AND HIGH-LEVEL RADIOACTIVE WASTE.— than 15,000 MTU. The Commission shall issue TIES.—The Secretary’s and President’s ac- No later than 18 months following the date a final decision granting or denying the ap- tivities under this section, including, but not of enactment of the Nuclear Waste Policy plication for the first phase license no later limited to, the selection of a site for the in- Act of 1996, the Commission shall, by rule, than 16 months from the date of the submit- terim storage facility, assessments, deter- establish criteria for the storage in the in- tal of the application for such license. minations and designations made under sec- terim storage facility of fuel and waste list- ‘‘(3) SECOND PHASE.—No later than 30 tion 204(b), the preparation and submittal of months after the date of enactment of the ed in paragraph(e)(3)(A) through (C), to the a license application and supporting docu- extent such criteria are not included in regu- Nuclear Waste Policy Act of 1996, the Sec- mentation, the construction of a facility retary shall submit to the Commission an lations issued by the Commission and exist- under paragraph (e)(1) of this section, and fa- ing on the date of enactment of the Nuclear application for a license for the second phase cility use pursuant to paragraph (e)(2) of this interim storage facility. The license for the Waste Policy Act of 1996. Following estab- section shall be considered preliminary deci- lishment of such criteria, the Secretary shall second phase facility shall authorize a stor- sionmaking activities for purposes of judi- age capacity of 40,000 MTU. If the Secretary seek authority, as necessary, to store fuel cial review. The Secretary shall not prepare and waste listed in paragraph (e)(3)(A) does not submit the license application for an environmental impact statement under construction of a repository by February 1, through (C) at the interim storage facility. section 102(2)(C) of the National Environ- None of the activities carried out pursuant 2002, or does not begin full spent nuclear fuel mental Policy Act of 1969 (42 U.S.C. receipt operations at a repository by Janu- to this paragraph shall delay, or otherwise 4332(2)(C)) or any environmental review affect, the development, construction, li- ary 17, 2010, the license shall authorize a under subparagraph (E) or (F) of such Act be- storage capacity of 60,000 MTU. The license censing, or operation of the interim storage fore conducting these activities. facility. application shall be submitted such that the ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— license can be issued to permit the second ‘‘(j) SAVINGS CLAUSE.—The Commission ‘‘(A) FINAL DECISION.—A final decision by shall, by rule, establish procedures for the li- phase facility to begin full spent nuclear fuel the Commission to grant or deny a license receipt operations no later than December censing of any technology for the dry stor- application for the first or second phase of age of spent nuclear fuel by rule and with- 31, 2002. The license for the second phase the interim storage facility shall be accom- shall have an initial term of up to 100 years, out, to the maximum extent possible, the panied by an Environmental Impact State- need for site-specific approvals by the Com- and shall be renewable for additional terms ment prepared under section 102(2)(C) of the upon application of the Secretary. mission. Nothing in this Act shall affect any National Environmental Policy Act of 1969 such procedures, or any licenses or approvals ‘‘(e) ADDITIONAL AUTHORITY.— (42 U.S.C. 4332(2)). In preparing such Environ- ‘‘(1) CONSTRUCTION.—For purposes of com- issued pursuant to such procedures in effect mental Impact Statement, the Commission— on the date of enactment. plying with this section, the Secretary may ‘‘(i) shall ensure that the scope of the Envi- commence site preparation for the interim ronmental Impact Statement is consistent ‘‘SEC. 205. PERMANENT REPOSITORY. storage facility as soon as practicable after with the scope of the licensing action; and ‘‘(a) REPOSITORY CHARACTERIZATION.— the date of enactment of the Nuclear Waste ‘‘(ii) shall analyze the impacts of the trans- ‘‘(1) GUIDELINES.—The guidelines promul- Policy Act of 1996 and shall commence con- portation of spent nuclear fuel and high-level gated by the Secretary and published at 10 struction of each phase of the interim stor- radioactive waste to the interim storage fa- CFR part 960 are annulled and revoked and age facility subsequent to submittal of the cility in a generic manner. the Secretary shall make no assumptions or license application for such phase except ‘‘(B) CONSIDERATIONS.—Such Environ- conclusions about the licensability of the that the Commission shall issue an order mental Impact Statement shall not con- Yucca Mountain site as a repository by ref- suspending such construction at any time if sider— erence to such guidelines. the Commission determines that such con- ‘‘(i) the need for the interim storage facil- ‘‘(2) SITE CHARACTERIZATION ACTIVITIES.— struction poses an unreasonable risk to pub- ity, including any individual component The Secretary shall carry out appropriate lic health and safety or the environment. thereof; site characterization activities at the Yucca S8900 CONGRESSIONAL RECORD — SENATE July 25, 1996 Mountain site in accordance with the Sec- assurance that the repository can be perma- sequences of individual events themselves retary’s program approach to site character- nently closed— can be reasonably assumed to exceed the ization. The Secretary shall modify or elimi- ‘‘(A) in conformity with the Secretary’s health consequences due to the impact of the nate those site characterization activities application to amend the license, the provi- events on repository performance; designed only to demonstrate the suitability sions of this Act, and the regulations of the ‘‘(B) for the purpose of this section, an av- of the site under the guidelines referenced in Commission; erage member of the general population in paragraph (1). ‘‘(B) without unreasonable risk to the the vicinity of the Yucca Mountain site ‘‘(3) SCHEDULE DATE.—Consistent with the health and safety of the public; and means a person whose physiology, age, gen- schedule set forth in the program approach, ‘‘(C) consistent with the common defense eral health, agricultural practices, eating as modified to be consistent with the Nu- and security. habits, and social behavior represent the av- clear Waste Policy Act of 1996, no later than ‘‘(4) POST-CLOSURE.—The Secretary shall erage for persons living in the vicinity of the February 1, 2002, the Secretary shall apply to take those actions necessary and appropriate site. Extremes in social behavior, eating the Commission for authorization to con- at the Yucca Mountain site to prevent any habits, or other relevant practices or charac- activity at the site subsequent to repository struct a repository. If, at any time prior to teristics shall not be considered; and closure that poses an unreasonable risk of— the filing of such application, the Secretary ‘‘(C) the Commission shall assume that, ‘‘(A) breaching the repository’s engineered determines that the Yucca Mountain site following repository closure, the inclusion of or geologic barriers; or engineered barriers and the Secretary’s post- cannot satisfy the Commission’s regulations ‘‘(B) increasing the exposure of individual applicable to the licensing of a geologic re- closure actions at the Yucca Mountain site; members of the public to radiation beyond in accordance with subsection (b)(4), shall be pository, the Secretary shall terminate site the release standard established in sub- characterization activities at the site, notify sufficient to— section (d)(1). ‘‘(i) prevent any human activity at the site Congress and the State of Nevada of the Sec- ‘‘(c) MODIFICATION OF REPOSITORY LICENS- retary’s determination and the reasons that poses an unreasonable risk of breaching ING PROCEDURE.—The Commission’s regula- the repository’s engineered or geologic bar- therefor, and recommend to Congress not tions shall provide for the modification of later than 6 months after such determina- riers; and the repository licensing procedure, as appro- ‘‘(ii) prevent any increase in the exposure tion further actions, including the enact- priate, in the event that the Secretary seeks of individual members of the public to radi- ment of legislation, that may be needed to a license to permit the emplacement in the ation beyond the allowable limits specified manage the Nation’s spent nuclear fuel and repository, on a retrievable basis, of spent in paragraph (1). high-level radioactive waste. nuclear fuel or high-level radioactive waste ‘‘(4) ADDITIONAL ANALYSIS.—The Commis- ‘‘(4) MAXIMIZING CAPACITY.—In developing as is necessary to provide the Secretary with sion shall analyze the overall system per- an application for authorization to construct sufficient confirmatory data on repository formance through the use of probabilistic the repository, the Secretary shall seek to performance to reasonably confirm the basis evaluations that use best estimate assump- maximize the capacity of the repository, in for repository closure consistent with appli- tions, data, and methods for the period com- the most cost-effective manner, consistent cable regulations. mencing after the first 1,000 years of oper- with the need for disposal capacity. ‘‘(d) REPOSITORY LICENSING STANDARDS.— ation of the repository and terminating at ‘‘(b) REPOSITORY LICENSING.—Upon the The Administrator of the Environmental 10,000 years after the commencement of oper- completion of any licensing proceeding for Protection Agency shall, pursuant to author- ation of the repository. the first phase of the interim storage facil- ity under other provisions of law, issue gen- ‘‘(e) NATIONAL ENVIRONMENTAL POLICY ity, the Commission shall amend its regula- erally applicable standards for the protec- ACT.— tions governing the disposal of spend nuclear tion of the public from releases of radio- ‘‘(1) SUBMISSION OF STATEMENT.—Construc- fuel and high-level radioactive waste in geo- active materials or radioactivity from the tion and operation of the repository shall be logic repositories to the extent necessary to repository. Such standards shall be consist- considered a major Federal action signifi- comply with this Act. Subject to subsection ent with the overall system performance cantly affecting the quality of the human en- (c), such regulations shall provide for the li- standard established by this subsection un- vironment for purposes of the National Envi- censing of the repository according to the less the Administrator determines by rule ronmental Policy Act of 1969 (42 U.S.C. 4321 following procedures: that the overall system performance stand- et seq.). The Secretary shall submit an envi- ‘‘(1) CONSTRUCTION AUTHORIZATION.—The ard would constitute an unreasonable risk to ronmental impact statement on the con- Commission shall grant the Secretary a con- health and safety. The Commission’s reposi- struction and operation of the repository to struction authorization for the repository tory licensing determinations for the protec- the Commission with the license application upon determining that there is reasonable tion of the public shall be based solely on a and shall supplement such environmental assurance that spent nuclear fuel and high- finding whether the repository can be oper- impact statement as appropriate. level radioactive waste can be disposed of in ated in conformance with the overall system ‘‘(2) CONSIDERATIONS.—For purposes of the repository— performance standard established in para- complying with the requirements of the Na- ‘‘(A) in conformity with the Secretary’s graph (1), applied in accordance with the pro- tional Environmental Policy Act of 1969 and application, the provisions of this Act, and visions of paragraph (2), and the Administra- this section, the Secretary shall not consider the regulations of the Commission; tor’s radiation protection standards. The in the environmental impact statement the ‘‘(B) without reasonable risk to the health Commission shall amend its regulations in need for the repository, or alternative sites and safety of the public; and accordance with subsection (b) to incor- or designs for the repository. ‘‘(C) consistent with the common defense porate each of the following licensing stand- ‘‘(3) ADOPTION BY COMMISSION.—The Sec- and security: ards: retary’s environmental impact statement ‘‘(2)— LICENSE.—Following substantial ‘‘(1) ESTABLISHMENT OF OVERALL SYSTEM and any supplements thereto shall, to the ex- completion of construction and the filing of PERFORMANCE STANDARD.—The standard for tent practicable, be adopted by the Commis- any additional information needed to com- protection of the public from release of ra- sion in connection with the issuance by the plete the license application, the Commis- dioactive material or radioactivity from the Commission of a construction authorization sion shall issue a license to dispose of spent repository shall prohibit releases that would under subsection (b)(1), a license under sub- nuclear fuel and high-level radioactive waste expose an average member of the general section (b)(2), or a license amendment under in the repository if the Commission deter- population in the vicinity of the Yucca subsection (b)(3). To the extent such state- mines that the repository has been con- Mountain site to an annual dose in excess of ment or supplement is adopted by the Com- structed and will operate— 100 millirems unless the Commission deter- mission, such adoption shall be deemed to ‘‘(A) in conformity with the Secretary’s mines by rule that such standard would con- also satisfy the responsibilities of the Com- application, the provisions of this Act, and stitute an unreasonable risk to health and mission under the National Environmental the regulations of the Commission; safety and establishes by rule another stand- Policy Act of 1969, and no further consider- ‘‘(B) without unreasonable risk to the ard which will protect health and safety. ation shall be required, except that nothing health and safety of the public; and Such standard shall constitute an overall in this subsection shall affect any independ- ‘‘(C) consistent with the common defense system performance standard. ent responsibilities of the Commission to and security. ‘‘(2) APPLICATION OF OVERALL SYSTEM PER- protect the public health and safety under ‘‘(3) CLOSURE.—After emplacing spent nu- FORMANCE STANDARD.—The Commission shall the Atomic Energy Act of 1954. In any such clear fuel and high-level radioactive waste in issue the license if it finds reasonable assur- statement or supplement prepared with re- the repository and collecting sufficient con- ance that for the first 1,000 years following spect to the repository, the Commission firmatory data on repository performance to the commencement of repository operations, shall not consider the need for a repository, reasonably confirm the basis for repository the overall system performance standard or alternate sites or designs for the reposi- closure consistent with the Commission’s will be met based on a probabilistic evalua- tory. regulations applicable to the licensing of a tion, as appropriate, of compliance with the ‘‘(f) JUDICIAL REVIEW.—No court shall have repository, as modified in accordance with overall system performance standard in jurisdiction to enjoin issuance of the Com- this Act, the Secretary shall apply to the paragraph (1). mission repository licensing regulations Commission to amend the license to permit ‘‘(3) FACTORS.—For purposes of making the prior to its final decision on review of such permanent closure of the repository. The finding in paragraph (2)— regulations. Commission shall grant such license amend- ‘‘(A) the Commission shall not consider ‘‘SEC. 206. LAND WITHDRAWAL. ment upon finding that there is reasonable catastrophic events where the health con- ‘‘(a) WITHDRAWAL AND RESERVATION.— July 25, 1996 CONGRESSIONAL RECORD — SENATE S8901

‘‘(1) WITHDRAWAL.—Subject to valid exist- ‘‘(4) to provide information to residents re- interim storage facility or repository in the ing rights, the interim storage facility site garding any activities of the Secretary, or State of Nevada, any provision of such Con- and the Yucca Mountain site, as described in the Commission with respect to such site; stitution or laws to the contrary notwith- subsection (b), are withdrawn from all forms and standing. of entry, appropriation, and disposal under ‘‘(5) to request information from, and make ‘‘(b) ARGUMENTS.—Neither the United the public land laws, including the mineral comments and recommendations to, the Sec- States nor any other entity may assert any leasing laws, the geothermal leasing laws, retary regarding any activities taken with argument based on legal or equitable estop- the material sale laws, and the mining laws. respect to such site. pel, or acquiescence, or waiver, or consensual ‘‘(2) JURISDICTION.—Jurisdiction of any ‘‘(b) SALARY AND TRAVEL EXPENSES.—Any involvement, in response to any decision by land within the interim storage facility site salary or travel expense that would ordi- the State to oppose the siting in Nevada of and the Yucca Mountain site managed by the narily be incurred by any affected Indian an interim storage facility or repository pre- Secretary of the Interior or any other Fed- tribe or affected unit of local government mised upon or related to the acceptance or eral officer is transferred to the Secretary. may not be considered eligible for funding use of benefits under this title. ‘‘(3) RESERVATION.—The interim storage fa- under this section. cility site and the Yucca Mountain site are ‘‘(c) FINANCIAL AND TECHNICAL ASSIST- ‘‘(c) LIABILITY.—No liability of any na- reserved for the use of the Secretary for the ANCE.— ture shall accrue to be asserted against any construction and operation, respectively, of ‘‘(1) ASSISTANCE REQUESTS.—The Secretary official of any governmental unit of Nevada the interim storage facility and the reposi- is authorized to offer to provide financial premised solely upon the acceptance or use tory and activities associated with the pur- and technical assistance to any affected In- of benefits under this title. poses of this title. dian tribe or affected unit of local govern- ‘‘SEC. 304. RESTRICTIONS ON USE OF FUNDS. ‘‘(b) LAND DESCRIPTION.— ment requesting such assistance. Such as- ‘‘None of the funding provided under this ‘‘(1) BOUNDARIES.—The boundaries depicted sistance shall be designed to mitigate the title may be used— on the map entitled ‘‘Interim Storage Facil- impact on the affected Indian tribe or af- ‘‘(1) directly or indirectly to influence leg- ity Site Withdrawal Map,’’ dated March 13, fected unit of local government of the devel- islative action on any matter pending before 1996, and on file with the Secretary, are es- opment of the integrated management sys- Congress or a State legislature or for any tablished as the boundaries of the Interim tem. lobbying activity as provided in section 1913 Storage Facility site. ‘‘(2) REPORT.—Any affected Indian tribe or of title 18, United States Code; ‘‘(2) BOUNDARIES.—The boundaries depicted affected unit of local government may re- ‘‘(2) for litigation purposes; and on the map entitled ‘Yucca Mountain Site quest assistance under this section by pre- ‘‘(3) to support multistate efforts or other Withdrawal Map,’ dated July 9, 1996, and on paring and submitting to the Secretary a re- coalition-building activities inconsistent file with the Secretary, are established as port on the economic, social, public health with the purposes of this Act. the boundaries of the Yucca Mountain site. and safety, and environmental impacts that ‘‘SEC. 305. LAND CONVEYANCES. ‘‘(3) NOTICE AND MAPS.—Within 6 months of are likely to result from activities of the in- ‘‘(a) CONVEYANCES OF PUBLIC the date of the enactment of the Nuclear tegrated management system. LANDS.—One hundred and twenty days after Waste Policy Act of 1996, the Secretary ‘‘(d) OTHER ASSISTANCE.— enactment of this Act, all right, title and in- shall— ‘‘(1) TAXABLE AMOUNTS.—In addition to fi- terest of the United States in the property ‘‘(A) publish in the Federal Register a no- nancial assistance provided under this sub- described in subsection (b), and improve- tice containing a legal description of the in- section, the Secretary is authorized to grant ments thereon, together with all necessary terim storage facility site; and any affected Indian tribe or affected unit of easements for utilities and ingress and ‘‘(B) file copies of the maps described in local government an amount each fiscal year egress to such property, including, but not paragraph (1), and the legal description of equal to the amount such affected Indian limited to, the right to improve those ease- the interim storage facility site with the tribe or affected unit of local government, ments, are conveyed by operation of law to Congress, the Secretary of the Interior, the respectively, would receive if authorized to the County of Nye, Nevada, unless the coun- Governor of Nevada, and the Archivist of the tax integrated management system activi- ty notifies the Secretary of Interior or the United States. ties, as such affected Indian tribe or affected head of such other appropriate agency in ‘‘(4) NOTICE AND MAPS.—Concurrent with unit of local government taxes the non-Fed- writing within 60 days of such date of enact- the Secretary’s application to the Commis- eral real property and industrial activities ment that it elects not to take title to all or sion for authority to construct the reposi- occurring within such affected unit of local any part of the property, except that any tory, the Secretary shall— government. lands conveyed to the County of Nye under ‘‘(A) publish in the Federal Register a no- ‘‘(2) TERMINATION. Such grants shall con- this subsection that are subject to a Federal tice containing a legal description of the tinue until such time as all such activities, grazing permit or lease or a similar federally Yucca Mountain site; and development, and operations are terminated granted permit or lease shall be conveyed be- ‘‘(B) file copies of the maps described in at such site. tween 60 and 120 days of the earliest time the paragraph (2), and the legal description of ‘‘(3) ASSISTANCE TO INDIAN TRIBES AND Federal agency administering or granting the Yucca Mountain site with the Congress, UNITS OR LOCAL GOVERNMENT.— the Secretary of the Interior, the Governor ‘‘(A) Period.—Any affected Indian tribe or the permit or lease would be able to legally of Nevada, and the Archivist of the United affected unit of local government may not terminate such right under the statutes and States. receive any grant under paragraph (1) after regulations existing at the date of enact- ment of this Act, unless Nye County and the ‘‘(5) CONSTRUCTION.—The maps and legal the expiration of the 1-year period following descriptions of the interim storage facility the date on which the Secretary notifies the affected holder of the permit or lease nego- site and the Yucca Mountain site referred to affected Indian tribe or affected unit of local tiate an agreement that allows for an earlier in this subsection shall have the same force government of the termination of the oper- conveyance. PECIAL CONVEYANCES.—Notwith- and effect as if they were included in this ation of the integrated management system. ‘‘(b) S standing any other law, the following public Act. The Secretary may correct clerical and ‘‘(B) ACTIVITIES.—Any affected Indian tribe typographical errors in the maps and legal or affected unit of local government may not lands depicted on the maps and legal descrip- descriptions and make minor adjustments in receive any further assistance under this sec- tions dated October 11, 1995, and on file with the boundaries of the sites. tion if the integrated management system the Secretary shall be conveyed under sub- section (a) to the County of Nye, Nevada: ‘‘TITLE III—LOCAL RELATIONS activities at such site are terminated by the Secretary or if such activities are perma- Map 1: Proposed Pahrump Industrial Park ’’SEC. 301. FINANCIAL ASSISTANCE. nently enjoined by any court. Site ‘‘(a) GRANTS.—The Secretary is authorized Map 2: Proposed Lathrop Wells (Gate 510) to make grants to any affected Indian tribe ‘‘SEC. 302. ON-SITE REPRESENTATIVE. Industrial Park Site or affected unit of local government for pur- ‘‘The Secretary shall offer to the unit of Map 3: Pahrump Landfill Sites poses of enabling the affected Indian tribe or local government within whose jurisdiction a Map 4: Amargosa Valley Regional Landfill affected unit of local government— site for an interim storage facility or reposi- Site ‘‘(1) to review activities taken with respect tory is located under this Act an opportunity Map 5: Amargosa Valley Municipal Land- to the Yucca Mountain site for purposes of to designate a representative to conduct on- fill Site determining any potential economic, social, site oversight activities at such site. The Map 6: Beatty Landfill/Transfer Station public health and safety, and environmental Secretary is authorized to pay the reason- Site impacts of the integrated management sys- able expenses of such representative. Map 7: Round Mountain Landfill Site tem on the affected Indian tribe or the af- ‘‘SEC. 303. ACCEPTANCE OF BENEFITS. Map 8: Tonopah Landfill Site fected unit of local government and its resi- ‘‘(a) CONSENT.—The acceptance or use of Map 9: Gabbs Landfill Site. dents; any of the benefits provided under this title ‘‘(3) CONSTRUCTION.—The maps and legal ‘‘(2) to develop a request for impact assist- by any affected Indian tribe or affected unit descriptions of special conveyances referred ance under subsection (c); of local government shall not be deemed to to in subsection (b) shall have the same force ‘‘(3) to engage in any monitoring, testing, be an expression of consent, express, or im- and effect as if they were included in this or evaluation activities with regard to such plied, either under the Constitution of the Act. The Secretary may correct clerical and site; State or any law thereof, to the siting of an typographical errors in the maps and legal S8902 CONGRESSIONAL RECORD — SENATE July 25, 1996

descriptions and make minor adjustments in an average charge of 1.0 mill per kilowatt- ‘‘(c) NUCLEAR WASTE FUND.— the boundaries of the sites. hour for electricity generated by such spent ‘‘(1) IN GENERAL.—The Nuclear Waste Fund ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon nuclear fuel, or such solidified high-level established in the Treasury of the United the request of the County of Nye, Nevada, waste derived therefrom. Payment of such States under section 302(c) of the Nuclear the Secretary of the Interior shall provide one-time fee prior to the date of enactment Waste Policy Act of 1982 shall continue in ef- evidence of title transfer. of the Nuclear Waste Policy Act of 1996 shall fect under this Act and shall consist of— ‘‘TITLE IV—FUNDING AND satisfy the obligation imposed under this ‘‘(A) the existing balance in the Nuclear ORGANIZATION paragraph. Any one-time fee paid and col- Waste Fund on the date of enactment of the lected subsequent to the date of enactment Nuclear Waste Policy Act of 1996; and ‘‘SEC. 401. PROGRAM FUNDING. of the Nuclear Waste Policy Act of 1996 pur- ‘‘(B) all receipts, proceeds, and recoveries ‘‘(a) CONTRACTS.— suant to the contracts, including any inter- realized under subsections (a), and (c)(3) sub- ‘‘(1) AUTHORITY OF SECRETARY.—In the per- est due pursuant to such contracts, shall be sequent to the date of enactment of the Nu- formance of the Secretary’s functions under paid to the Nuclear Waste Fund no later clear Waste Policy Act of 1996, which shall be this Act, the Secretary is authorized to enter than September 30, 2002. The Commission deposited in the Nuclear Waste Fund imme- into contracts with any person who gen- shall suspend the license of any licensee who diately upon their realization. erates or holds title to spent nuclear fuel or fails or refuses to pay the full amount of the ‘‘(2) USE.—The Secretary may make ex- high level radioactive waste of domestic ori- fee referred to in this paragraph on or before penditures from the Nuclear Waste Fund, gin for the acceptance of title and posses- September 30, 2002, and the license shall re- subject to subsections (d) and (e), only for sion, transportation, interim storage, and main suspended until the full amount of the purposes of the integrated management sys- disposal of such waste or spent fuel. Such fee referred to in this paragraph is paid. The tem. contracts shall provide for payment of an- person paying the fee under this paragraph ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE nual fees to the Secretary in the amounts set to the Secretary shall have no further finan- FUND.— by the Secretary pursuant to paragraphs (2) cial obligation to the Federal Government ‘‘(A) IN GENERAL.—The Secretary of the and (3). Except as provided in paragraph (3), for the long-term storage and permanent dis- Treasury shall hold the Nuclear Waste Fund fees assessed pursuant to this paragraph posal of spent fuel or high-level radioactive and, after consultation with the Secretary, shall be paid to the Treasury of the United waste derived from spend nuclear fuel used annually report to the Congress on the finan- States and shall be available for use by the to generate electricity in a civilian power re- cial condition and operations of the Nuclear Secretary pursuant to this section until ex- actor prior to January 7, 1983. Waste Fund during the preceding fiscal year. pended. Subsequent to the date of enactment ‘‘(4) ADJUSTMENTS TO FEE.—The Secretary ‘‘(B) AMOUNTS IN EXCESS OF CURRENT of the Nuclear Waste Policy Act of 1996, the shall annually review the amount of the fees NEEDS.—If the Secretary determines that the contracts executed under section 302(a) of established by paragraphs (2) and (3), to- Nuclear Waste Fund contains at any time the Nuclear Waste Policy Act of 1982 shall gether with the existing balance of the Nu- amounts in excess of current needs, the Sec- continue in effect under this Act, provided clear Waste Fund on the date of enactment retary may request the Secretary of the that the Secretary shall consent to an of the Nuclear Waste Policy Act of 1996, to Treasury to invest such amounts, or any por- amendment to such contracts as necessary evaluate whether collection of the fee will tion of such amounts as the Secretary deter- to implement the provisions of this Act. provide sufficient revenues to offset the mines to be appropriate, in obligations of the ‘‘(2) ANNUAL FEES.— costs as defined in subsection (c)(2). In the United States— ‘‘(A) For electricity generated by civilian event the Secretary determines that the rev- ‘‘(i) having maturities determined by the nuclear power reactors and sold between enues being collected are either insufficient Secretary of the Treasury to be appropriate January 7, 1983, and September 30, 2002, the or excessive to recover the costs incurred by to the needs of the Nuclear Waste Fund; and fee under paragraph (1) shall be equal to 1.0 the Federal Government that are specified in ‘‘(ii) bearing interest at rates determined mill per kilowatt hour generated and sold. subsection (c)(2), the Secretary shall propose to be appropriate by the Secretary of the For electricity generated by civilian nuclear an adjustment to the fee in subsection (c)(2) Treasury, taking into consideration the cur- power reactors and sold on or after October to ensure full cost recovery. The Secretary rent average market yield on outstanding 1, 2002, the aggregate amount of fees col- shall immediately transmit the proposal for marketable obligations of the United States lected during each fiscal year shall be no such an adjustment to both houses of Con- with remaining periods to maturity com- greater than the annual level of appropria- gress. parable to the maturities of such invest- tions for expenditures on those activities ‘‘(b) ADVANCE CONTRACTING REQUIRE- ments, except that the interest rate on such consistent with subsection (d) for that fiscal MENT.— investments shall not exceed the average in- year, minus— ‘‘(1) IN GENERAL.— terest rate applicable to existing borrowings. ‘‘(i) any unobligated balance collected pur- ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—The ‘‘(C) EXEMPTION.—Receipts, proceeds, and suant to this section during the previous fis- Commission shall not issue or renew a li- recoveries realized by the Secretary under cal year; and cense to any person to use a utilization or this section, and expenditures of amounts ‘‘(ii) the percentage of such appropriation production facility under the authority of from the Nuclear Waste Fund, shall be ex- required to be funded by the Federal Govern- section 103 or 104 of the Atomic Energy Act empt from annual apportionment under the ment pursuant to section 403. of 1954 (42 U.S.C. 2133, 2134) unless— provisions of subchapter II of chapter 15 of The Secretary shall determine the level of ‘‘(i) such person has entered into a con- title 31, United States Code. the annual fee for each civilian nuclear tract under subsection (a) with the Sec- ‘‘(d) BUDGET.—The Secretary shall submit power reactor based on the amount of elec- retary, or the budget for implementation of the Sec- ‘‘(ii) the Secretary affirms in writing that tricity generated and sold, except that the retary’s responsibilities under this Act to such person is actively and in good faith ne- annual fee collected under this subparagraph the Office of Management and Budget annu- gotiating with the Secretary for a contract shall not exceed 1.0 mill per kilowatt-hour ally along with the budget of the Depart- under this section. generated and sold. ment of Energy submitted at such time in ‘‘(B) PRECONDITION.—The Commission, as it ‘‘(B) EXPENDITURES IF SHORTFALL.—If, dur- deems necessary or appropriate, may require accordance with chapter 11 of title 31, United ing any fiscal year on or after October 1, as a precondition to the issuance or renewal States Code. The budget shall consist of the 2002, the aggregate amount of fees assessed of a license under section 103 or 104 of the estimates made by the Secretary of expendi- pursuant to subparagraph (A) is less than the Atomic Energy Act of 1954 (42 U.S.C. 2133, tures under this Act and other relevant fi- annual level of appropriations for expendi- 2134) that the applicant for such license shall nancial matters for the succeeding 3 fiscal tures on those activities specified in sub- have entered into an agreement with the years, and shall be included in the budget of section (d) for that fiscal year, minus— Secretary for the disposal of spent nuclear the United States Government. ‘‘(i) any unobligated balance collected pur- fuel and high-level radioactive waste that ‘‘(e) APPROPRIATIONS.—The Secretary may suant to this section during the previous fis- may result from the use of such license. make expenditures from the Nuclear Waste cal year; and ‘‘(2) DISPOSAL IN REPOSITORY.—Except as Fund, subject to appropriations, which shall ‘‘(ii) the percentage of such appropriations provided in paragraph (1), no spent nuclear remain available until expended. required to be funded by the Federal Govern- fuel or high-level radioactive waste gen- ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE ment pursuant to section 403, erated or owned by any person (other than a WASTE MANAGEMENT. the Secretary may make expenditures from department of the United States referred to ‘‘(a) ESTABLISHMENT.—There hereby is es- the Nuclear Waste Fund up to the level of in section 101 or 102 of title 5, United States tablished within the Department of Energy the fees assessed. Code) may be disposed of by the Secretary in an Office of Civilian Radioactive Waste Man- ‘‘(C) RULES.—The Secretary shall, by rule, the repository unless the generator or owner agement. The Office shall be headed by a Di- establish procedures necessary to implement of such spent fuel or waste has entered into rector, who shall be appointed by the Presi- this paragraph. a contract under subsection (a) with the Sec- dent, by and with the advice and consent of ‘‘(3) ONE-TIME FEE.—For spent nuclear fuel retary by not later than the date on which the Senate, and who shall be compensated at or solidified high-level radioactive waste de- such generator or owner commences genera- the rate payable for level IV of the Executive rived from spent nuclear fuel, which fuel was tion of, or takes title to, such spent fuel or Schedule under section 5315 of title 5, United used to generate electricity in a civilian nu- waste. States Code. clear power reactor prior to January 7, 1983, ‘‘(3) ASSIGNMENT.—The rights and duties of ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director the fee shall be in an amount equivalent to contract holders are assignable. of the Office shall be responsible for carrying July 25, 1996 CONGRESSIONAL RECORD — SENATE S8903 out the functions of the Secretary under this ‘‘(A) for review of any final decision or ac- ‘‘(A) there is a genuine and substantial dis- Act, subject to the general supervision of the tion of the Secretary, the President, or the pute of fact which can only be resolved with Secretary. The Director of the Office shall be Commission under this Act; sufficient accuracy by the introduction of directly responsible to the Secretary. ‘‘(B) alleging the failure of the Secretary, evidence in an adjudicatory hearing; and ‘‘SEC. 403. FEDERAL CONTRIBUTION. the President, or the Commission to make ‘‘(B) the decision of the Commission is ‘‘(a) ALLOCATION.—No later than one year any decision, or take any action, required likely to depend in whole or in part on the from the date of enactment of the Nuclear under this Act; resolution of such dispute. Waste Policy Act of 1996, acting pursuant to ‘‘(C) challenging the constitutionality of ‘‘(2) DETERMINATION.—In making a deter- section 553 of title 5, United States Code, the any decision made, or action taken, under mination under this subsection, the Commis- Secretary shall issue a final rule establish- any provision of this Act; or sion— ing the appropriate portion of the costs of ‘‘(D) for review of any environmental im- ‘‘(A) shall designate in writing the specific managing spent nuclear fuel and high-level pact statement prepared or environmental facts that are in genuine and substantial dis- radioactive waste under this Act allocable to assessment pursuant to the National Envi- pute, the reason why the decision of the the interim storage or permanent disposal of ronmental Policy Act of 1969 (42 U.S.C. 4321 agency is likely to depend on the resolution spent nuclear fuel and high-level radioactive et seq.) with respect to any action under this of such facts, and the reason why an adju- waste from atomic energy defense activities Act or alleging a failure to prepare such dicatory hearing is likely to resolve the dis- and spent nuclear fuel from foreign research statement with respect to any such action. pute; and reactors. The share of costs allocable to the ‘‘(2) VENUE.—The venue of any proceeding ‘‘(B) shall not consider— ‘‘(i) any issue relating to the design, con- management of spent nuclear fuel and high- under this section shall be in the judicial cir- struction, or operation of any civilian nu- level radioactive waste from atomic energy cuit in which the petitioner involved resides clear power reactor already licensed to oper- defense activities and spent nuclear fuel or has its principal office, or in the United ate at such site, or any civilian nuclear from foreign research reactors shall include, States Court of Appeals for the District of power reactor to which a construction per- ‘‘(1) an appropriate portion of the costs as- Columbia Circuit. mit has been granted at such site, unless the sociated with research and development ac- ‘‘(b) DEADLINE FOR COMMENCING ACTION.—A Commission determines that any such issue tivities with respect to development of an in- civil action for judicial review described substantially affects the design, construc- terim storage facility and repository; and under subsection (a)(1) may be brought no tion, or operation of the facility or activity ‘‘(2) as appropriate, interest on the prin- later than 180 days after the date of the deci- for which such license application, author- cipal amounts due calculated by reference to sion or action or failure to act involved, as ization, or amendment is being considered; the appropriate Treasury bill rate as if the the case may be, except that if a party shows or payments were made at a point in time con- that he did not know of the decision or ac- tion complained of (or of the failure to act), ‘‘(ii) any siting or design issue fully consid- sistent with the payment dates for spent nu- ered and decided by the Commission in con- clear fuel and high-level radioactive waste and that a reasonable person acting under the circumstances would not have known, nection with the issuance of a construction under the contracts. permit or operating license for a civilian nu- ‘‘(b) APPROPRIATION REQUEST.—In addition such party may bring a civil action no later than 180 days after the date such party ac- clear power reactor at such site, unless— to any request for an appropriation from the ‘‘(I) such issue results from any revision of Nuclear Waste Fund, the Secretary shall re- quired actual or constructive knowledge or such decision, action, or failure to act. siting or design criteria by the Commission quest annual appropriations from general following such decision; and revenues in amounts sufficient to pay the ‘‘(c) APPLICATION OF OTHER LAW.—The pro- visions of this section relating to any matter ‘‘(II) the Commission determines that such costs of the management of spent nuclear issue substantially affects the design, con- fuel and high-level radioactive waste from shall apply in lieu of the provisions of any other Act relating to the same matter. struction, or operation of the facility or ac- atomic energy defense activities and spent tivity for which such license application, au- nuclear fuel from foreign research reactors, ‘‘SEC. 503. LICENSING OF FACILITY EXPANSIONS thorization, or amendment is being consid- AND TRANSSHIPMENTS. as established under subsection (a). ered. ‘‘(a) ORAL ARGUMENT.—In any Commission ‘‘(c) REPORT.—In conjunction with the an- ‘‘(3) APPLICATION.—The provisions of para- nual report submitted to Congress under hearing under section 189 of the Atomic En- graph (2)(B) shall apply only with respect to Section 702, the Secretary shall advise the ergy Act of 1954 (42 U.S.C. 2239) on an appli- licenses, authorizations, or amendments to Congress annually of the amount of spent cation for a license, or for an amendment to licenses or authorizations, applied for under nuclear fuel and highlevel radioactive waste an existing license, filed after January 7, the Atomic Energy Act of 1954 (42 U.S.C. 2011 from atomic energy defense activities and 1983, to expand the spent nuclear fuel storage et seq.) before December 31, 2005. spent nuclear fuel from foreign research re- capacity at the site of a civilian nuclear ‘‘(4) CONSTRUCTION.—The provisions of this actors, requiring management in the inte- power reactor, through the use of high-den- section shall not apply to the first applica- grated management system. sity fuel storage racks, fuel rod compaction, tion for a license or license amendment re- ‘‘(d) AUTHORIZATION.—There is authorized the transshipment of spent nuclear fuel to ceived by the Commission to expand onsite to be appropriated to the Secretary, from another civilian nuclear power reactor with- spent fuel storage capacity by the use of a general revenues, for carrying out the pur- in the same utility system, the construction new technology not previously approved for poses of this Act, such sums as may be nec- of additional spent nuclear fuel pool capac- use at any nuclear power plant by the Com- essary to pay the costs of the management of ity or dry storage capacity, or by other mission. spent nuclear fuel and high-level radioactive means, the Commission shall, at the request ‘‘(c) JUDICIAL REVIEW.—No court shall hold waste from atomic energy defense activities of any party, provide an opportunity for oral unlawful or set aside a decision of the Com- and spend nuclear fuel from foreign research argument with respect to any matter which mission in any proceeding described in sub- reactors, as established under subsection (a). the Commission determines to be in con- section (a) because of a failure by the Com- troversy among the parties. The oral argu- ‘‘TITLE V—GENERAL AND mission to use a particular procedure pursu- ment shall be preceded by such discovery MISCELLANEOUS PROVISIONS ant to this section unless— procedures as the rules of the commission ‘‘(1) an objection to the procedure used was ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. shall provide. The Commission shall require presented to the Commission in a timely ‘‘If the requirements of any Federal, State, each party, including the Commission staff, fashion or there are extraordinary cir- or local law (including a requirement im- to submit in written form, at the time of the cumstances that excuse the failure to posed by regulation or by any other means oral argument, a summary of the facts, data, present a timely objection; and under such a law) are inconsistent with or and arguments upon which such party pro- ‘‘(2) the court finds that such failure has duplicative of the requirements of the Atom- poses to rely that are known at such time to precluded a fair consideration and informed ic Energy Act of 1954 (42 U.S.C. 2011 et seq.) such party. Only facts and data in the form resolution of a significant issue of the pro- or of this Act, the Secretary shall comply of sworn testimony or written submission ceeding taken as a whole. only with the requirements of the Atomic may be relied upon by the parties during oral ‘‘SEC. 504. SITING A SECOND REPOSITORY. Energy Act of 1954 and of this Act in imple- argument. Of the materials that may be sub- ‘‘(a) CONGRESSIONAL ACTION REQUIRED.— menting the integrated management system mitted by the parties during oral argument, The Secretary may not conduct site-specific ‘‘SEC. 502. JUDICIAL REVIEW OF AGENCY AC- the Commission shall only consider those activities with respect to a second repository TIONS. facts and data that are submitted in the unless Congress has specifically authorized ‘‘(a) JURISDICTION OF THE UNITED STATES form of sworn testimony or written submis- and appropriated funds for such activities. COURTS OF APPEALS.— sion. ‘‘(b) REPORT.—The Secretary shall report ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDIC- ‘‘(b) ADJUDICATORY HEARING.— to the President and to Congress on or after TION.—Except for review in the Supreme ‘‘(1) DESIGNATION.—At the conclusion of January 1, 2007, but not later than January 1, Court of the United States, and except as any oral argument under subsection (a), the 2010, on the need for a second repository. otherwise provided in this Act, the United Commission shall designate any disputed ‘‘SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW- States courts of appeals shall have original question of fact, together with any remain- LEVEL RADIOACTIVE WASTE SITE and exclusive jurisdiction over any civil ac- ing questions of law, for resolution in an ad- CLOSURE. tion— judicatory hearing if it determines that— ‘‘(a) FINANCIAL ARRANGEMENTS.— S8904 CONGRESSIONAL RECORD — SENATE July 25, 1996

‘‘(1) STANDARDS AND INSTRUCTIONS.—The clear power plant operators, supervisors, tion of water or water rights for any purpose Commission shall establish by rule, regula- technicians, and other appropriate operating arising under this Act. tion, or order, after public notice, and in ac- personnel. Such regulations or guidance ‘‘(b) ACQUISITION AND EXERCISE OF WATER cordance with section 181 of the Atomic En- shall establish simulator training require- RIGHTS UNDER NEVADA LAW.—The United ergy Act of 1954 (42 U.S.C. 2231), such stand- ments for applicants for civilian nuclear States may acquire and exercise such water ards and instructions as the Commission power plant operator licenses and for opera- rights as it deems necessary to carry out its may deem necessary or desirable to ensure in tor requalification programs; requirements responsibilities under this Act pursuant to the case of each license for the disposal of governing Commission administration of re- the substantive and procedural requirements low-level radioactive waste that an adequate qualification examinations; requirements for of the State of Nevada. Nothing in this Act bond, surety, or other financial arrangement operating tests at civilian nuclear power shall be construed to authorize the use of (as determined by the Commission) will be plant simulators, and instructional require- eminent domain by the United States to ac- provided by a licensee to permit completion ments for civilian nuclear power plant li- quire water rights for such lands. of all requirements established by the Com- censee personnel training programs. ‘‘(c) EXERCISE OF WATER RIGHTS GEN- mission for the decontamination, decommis- ‘‘SEC. 507. EMPLACEMENT SCHEDULE. ERALLY UNDER NEVADA LAWS.—Nothing in sioning, site closure, and reclamation of ‘‘(a) The emplacement schedule shall be this Act shall be construed to limit the exer- sites, structures, and equipment used in con- implemented in accordance with the follow- cise of water rights as provided under Ne- junction with such low-level radioactive ing: vada State laws. waste. Such financial arrangements shall be ‘‘(1) Emplacement priority ranking shall ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL provided and approved by the Commission, be determined by the Department’s annual REVIEW BOARD or, in the case of sites within the boundaries ‘Acceptance Priority Ranking’ report. ‘‘SEC. 601. DEFINITIONS. of any agreement State under section 274 of ‘‘(2) The Secretary’s spent fuel emplace- ‘‘For purposes of this title— the Atomic Energy Act of 1954 (42 U.S.C. ment rate shall be no less than the following: ‘‘(1) CHAIRMAN.—The term ‘Chairman’ 2021), by the appropriate State or State en- 1,200 MTU in fiscal year 2000 and 1,200 MTU means the Chairman of the Nuclear Waste tity, prior to issuance of licenses for low- in fiscal year 2001; 2,000 MTU in fiscal year Technical Review Board. level radioactive waste disposal or, in the 2002 and 2000 MTU in fiscal year 2003; 2,700 ‘‘(2) BOARD.—The term ‘Board’ means the case of licenses in effect on January 7, 1983, MTU in fiscal year 2004; and 3,000 MTU annu- Nuclear Waste Technical Review Board con- prior to termination of such licenses. ally thereafter. tinued under section 602. ‘‘(2) BONDING, SURETY, OR OTHER FINANCIAL ‘‘(b) If the Secretary is unable to begin em- ARRANGEMENTS.—If the Commission deter- placement by November 30, 1999 at the rates ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD. mines that any long-term maintenance or specified in subsection (a), or if the cumu- ‘‘(a) CONTINUATION OF THE NUCLEAR WASTE monitoring, or both, will be necessary at a lative amount emplaced in any year there- TECHNICAL REVIEW BOARD.—The Nuclear site described in paragraph (1), the Commis- after is less than that which would have been Waste Technical Review Board, established sion shall ensure before termination of the accepted under the emplacement rate speci- under section 502(a) of the Nuclear Waste license involved that the licensee has made fied in subsection (a), the Secretary shall, as Policy Act of 1982 as constituted prior to the available such bonding, surety, or other fi- a mitigation measure, adjust the emplace- date of enactment of the Nuclear Waste Pol- nancial arrangements as may be necessary ment schedule upward such that within 5 icy Act of 1996, shall continue in effect subse- to ensure that any necessary long-term years of the start of emplacement by the quent to the date of enactment of the Nu- maintenance or monitoring needed for such Secretary, site will be carried out by the person having ‘‘(1) the total quantity accepted by the clear Waste Policy Act of 1996. ‘‘(b) MEMBERS.— title and custody for such site following li- Secretary is consistent with the total quan- ‘‘(1) NUMBER.—The Board shall consist of 11 cense termination. tity that the Secretary would have accepted members who shall be appointed by the ‘‘(b) TITLE AND CUSTODY.— if the Secretary had began emplacement in President not later than 90 days after De- ‘‘(1) AUTHORITY OF SECRETARY.—The Sec- fiscal year 2000, and retary shall have authority to assume title ‘‘(2) thereafter the emplacement rate is cember 22, 1987, from among persons nomi- and custody of low-level radioactive waste equivalent to the rate that would be in place nated by the National Academy of Sciences and the land on which such waste is disposed pursuant to paragraph (a) above if the Sec- in accordance with paragraph (3). ‘‘(2) CHAIR.—The President shall designate of, upon request of the owner of such waste retary had commenced emplacement in fis- a member of the Board to serve as Chairman. and land and following termination of the li- cal year 2000. ‘‘(3) NATIONAL ACADEMY OF SCIENCES.— cense issued by the Commission for such dis- ‘‘SEC. 508. TRANSFER OF TITLE. posal, if the Commission determines that— ‘‘(A) NOMINATIONS.—The National Academy ‘‘(a) Acceptance by the Secretary of any of Sciences shall, not later than 90 days after ‘‘(A) the requirements of the Commission spent nuclear fuel or high-level radioactive for site closure, decommissioning, and de- December 22, 1987, nominate not less than 22 waste shall constitute a transfer of title to persons for appointment to the Board from contamination have been met by the licensee the Secretary. involved and that such licensee is in compli- among persons who meet the qualifications ‘‘(b) No later than 6 months following the described in subparagraph (C). ance with the provisions of subsection (a); date of enactment of the Nuclear Waste Pol- ‘‘(B) VACANCIES.—The National Academy of ‘‘(B) such title and custody will be trans- icy Act of 1996, the Secretary is authorized ferred to the Secretary without cost to the Sciences shall nominate not less than 2 per- to accept all spent nuclear fuel withdrawn sons to fill any vacancy on the Board from Federal Government; and from Dairyland Power Cooperative’s La ‘‘(C) Federal ownership and management of among persons who meet the qualifications Crosse Reactor and, upon acceptance, shall such site is necessary or desirable in order to described in subparagraph (C). provide Dairyland Power Cooperative with protect the public health and safety, and the ‘‘(C) NOMINEES.— evidence of the title transfer. Immediately environment. ‘‘(i) Each person nominated for appoint- upon the Secretary’s acceptance of such ‘‘(2) PROTECTION.—If the Secretary assumes ment to the Board shall be— title and custody of any such waste and land spent nuclear fuel, the Secretary shall as- ‘‘(I) eminent in a field of science or engi- under this subsection, the Secretary shall sume all responsibility and liability for the neering, including environmental sciences; maintain such waste and land in a manner interim storage and permanent disposal and that will protect the public health and safe- thereof and is authorized to compensate ‘‘(II) selected solely on the basis of estab- ty, and the environment. Dairyland Power Cooperative for any costs lished records of distinguished service. ‘‘(c) SPECIAL SITES.—If the low-level radio- related to operating and maintaining facili- ‘‘(ii) The membership of the Board shall be active waste involved is the result of a li- ties necessary for such storage from the date representatives of the broad range of sci- censed activity to recover zirconium, haf- of acceptance until the Secretary removes entific and engineering disciplines related to nium, and rare earths from source material, the spent nuclear fuel from the La Crosse activities under this title. the Secretary, upon request of the owner of Reactor site.’’ ‘‘(iii) No person shall be nominated for ap- the site involved, shall assume title and cus- ‘‘SEC. 509. DECOMMISSIONING PILOT PROGRAM. pointment to the Board who is an employee tody of such waste and the land on which it ‘‘(a) AUTHORIZATION.—the Secretary is au- of— is disposed when such site has been decon- thorized to establish a Decommissioning ‘‘(I) the Department of Energy; taminated and stabilized in accordance with Pilot Program to decommission and decon- ‘‘(II) a national laboratory under contract the requirements established by the Com- taminate the sodium-cooled fast breeder ex- with the Department of Energy; or mission and when such owner has made ade- perimental test-site reactor located in ‘‘(III) an entity performing spent nuclear quate financial arrangements approved by northwest Arkansas. fuel or high-level radioactive waste activi- the Commission for the long-term mainte- ‘‘(b) FUNDING.—No funds from the Nuclear ties under contract with the Department of nance and monitoring of such site. Waste Fund may be used for the Decommis- Energy. ‘‘SEC. 506. NUCLEAR REGULATORY COMMISSION sioning Pilot Program. ‘‘(4) VACANCIES.—Any vacancy on the TRAINING AUTHORIZATION. ‘‘SEC. 510. WATER RIGHTS. Board shall be filled by the nomination and ‘‘The Commission is authorized and di- ‘‘a) NO FEDERAL RESERVATION.—Nothing in appointment process described in paragraphs rected to promulgate regulations, or other this Act or any other Act of Congress shall (1) and (3). appropriate regulatory guidance, for the constitute or be construed to constitute ei- ‘‘(5) TERMS.—Members of the Board shall training and qualifications of civilian nu- ther an express or implied Federal reserva- be appointed for terms of 4 years, each such July 25, 1996 CONGRESSIONAL RECORD — SENATE S8905 term to commence 120 days after December chapter 53 of such title relating to classifica- cordance with such regulations as the Comp- 22, 1987, except that of the 11 members first tion and General Schedule pay rates, except troller General may prescribe. The Comp- appointed to the Board, 5 shall serve for 2 that no individual so appointed may receive troller General shall have access to such years and 6 shall serve for 4 years, to be des- pay in excess of the annual rate of basic pay books, records, accounts, and other mate- ignated by the President at the time of ap- payable for GS–18 of the General Schedule. rials of the Office as the Comptroller General pointment, except that a member of the ‘‘SEC. 607. SUPPORT SERVICES. determines to be necessary for the prepara- Board whose term has expired may continue ‘‘(a) GENERAL SERVICES.—To the extent tion of such audit. The Comptroller General to serve as a member of the Board until such permitted by law and requested by the Chair- shall submit to the Congress a report on the member’s successor has taken office. man, the Administrator of General Services results of each audit conducted under this ‘‘SEC. 603. FUNCTIONS. shall provide the Board with necessary ad- section. ‘‘The Board shall limit its evaluations to ministrative services, facilities, and support ‘‘(4) TIME.—No audit contemplated by this the technical and scientific validity solely of on a reimbursable basis. subsection shall take longer than 30 days to conduct. An audit report shall be issued in the following activities undertaken directly ‘‘(b) ACCOUNTING, RESEARCH, AND TECH- final form no longer than 60 days after the by the Secretary after December 22, 1987— NOLOGY ASSESSMENT SERVICES.—The Comp- ‘‘(1) site characterization activities; and troller General and the Librarian of Congress audit is commenced. ‘‘(5) PUBLIC DOCUMENTS.—All audit reports ‘‘(2) activities of the Secretary relating to shall, to the extent permitted by law and shall be public documents and available to the packaging or transportation of spent nu- subject to the availability of funds, provide any individual upon request. clear fuel or high-level radioactive waste. the Board with such facilities, support, funds ‘‘(d) VALUE ENGINEERING.—The Secretary ‘‘SEC. 604. INVESTIGATORY POWERS. and services, including staff, as may be nec- shall create a value engineering function ‘‘(a) HEARINGS.—Upon request of the Chair- essary for the effective performance of the within the Office of Civilian Radioactive man or a majority of the members of the functions of the Board. Waste Management that reports directly to Board, the Board may hold such hearings, sit ‘‘(c) ADDITIONAL SUPPORT.—Upon the re- the Director, which shall carry out value en- and act at such times and places, take such quest of the Chairman, the Board may secure gineering functions in accordance with the testimony, and receive such evidence, as the directly from the head of any department or usual and customary practices of private Board considers appropriate. Any member of agency of the United States information nec- corporations engaged in large nuclear con- the Board may administer oaths or affirma- essary to enable it to carry out this title. struction projects. tions to witnesses appearing before the ‘‘(d) MAILS.—The Board may use the Unit- ‘‘(e) SITE CHARACTERIZATION.—The Sec- Board. The Secretary or the Secretary’s des- ed States mails in the same manner and retary shall employ, on an on-going basis, in- ignee or designees shall not required to ap- under the same conditions as other depart- tegrated performance modeling to identify pear before the Board or any element of the ments and agencies of the United States. appropriate parameters for the remaining Board for more than twelve working days per ‘‘(e) EXPERTS AND CONSULTANTS.—Subject site characterization effort and to eliminate calendar year. to such rules as may be prescribed by the studies of parameters that are shown not to ‘‘(b) PRODUCTION OF DOCUMENTS.— Board, the Chairman may procure temporary affect long-term repository performance. ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re- and intermittent services under section ‘‘SEC. 702. REPORTING. quest of the Chairman or a majority of the 3109(b) of title 5 of the United States Code, ‘‘(a) INITIAL REPORT.—Within 180 days of members of the Board, and subject to exist- but at rates for individuals not to exceed the enactment of this section, the Secretary ing law, the Secretary (or any contractor of daily equivalent of the maximum annual shall report to Congress on its planned ac- the Secretary) shall provide the Board with rate of basic pay payable for GS–18 of the tions for implementing the provisions of this such records, files, papers, data, or informa- General Schedule. Act, including the development of the Inte- tion that is generally available to the public ‘‘SEC. 608. REPORT. grated Waste Management System. Such re- as may be necessary to respond to any in- ‘‘The Board shall report not less than 2 port shall include— quiry of the Board under this title. times per year to Congress and the Secretary ‘‘(1) an analysis of the Secretary’s progress ‘‘(2) EXTENT.—Subject to existing law, in- its findings, conclusions, and recommenda- in meeting its statutory and contractual ob- formation obtainable under paragraph (1) tions. ligation to accept title to, possession of, and may include drafts of products and docu- ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. delivery of spent nuclear fuel and high-level mentation of work in progress. ‘‘There are authorized to be appropriated radioactive waste beginning no later than ‘‘SEC. 605. COMPENSATION OF MEMBERS. for expenditures such as may be necessary to November 30, 1999, and in accordance with ‘‘(a) IN GENERAL.—Each member of the carry out the provisions of this title. the acceptance schedule; ‘‘(2) a detailed schedule and timeline show- Board shall be paid at the rate of pay pay- ‘‘SEC. 610. TERMINATION OF THE BOARD. able for level III of the Executive Schedule ing each action that the Secretary intends to ‘‘The Board shall cease to exist not later take to meet the Secretary’s obligations for each day (including travel time) such than one year after the date on which the member is engaged in the work of the Board. under this Act and the contracts; Secretary begins disposal of spent nuclear ‘‘(3) a detailed description of the Sec- ‘‘(b) TRAVEL EXPENSE.—Each member of fuel or high-level radioactive waste in the re- retary’s contingency plans in the event that the Board may receive travel expenses, in- pository. the Secretary is unable to met the planned cluding per diem in lieu of subsidence, in the ‘‘TITLE VII—MANAGEMENT REFORM schedule and timeline; and same manner as is permitted under sections ‘‘(4) an analysis by the Secretary of its 5702 and 5703 of title 5, United States Code. ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES. funding needs for fiscal years 1997 through ‘‘SEC. 606. STAFF. ‘‘(a) IN GENERAL.—The Secretary is di- 2001. ‘‘(a) CLERICAL STAFF.— rected to take actions as necessary to im- ‘‘(b) ANNUAL REPORTS.—On each anniver- ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to prove the management of the civilian radio- sary of the submittal of the report required paragraph (2), the Chairman may appoint active waste management program to ensure by subsection (a), the Secretary shall make and fix the compensation of such clerical that the program is operated, by the maxi- annual reports to the Congress for the pur- staff as may be necessary to discharge the mum extent practicable, in like manner as a pose of updating the information contained responsibilities of the Board. private business. in such report. The annual reports shall be ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff ‘‘(b) AUDITS.— brief and shall notify the Congress of: shall be appointed subject to the provisions ‘‘(1) STANDARD.—The Office of Civilian Ra- ‘‘(1) any modifications to the Secretary’s of title 5, United States Code, governing ap- dioactive Waste Management, its contrac- schedule and timeline for meeting its obliga- pointments in the competitive service, and tors, and subcontractors at all tiers, shall tions under this Act; shall be paid in accordance with the provi- conduct, or have conducted, audits and ex- ‘‘(2) the reasons for such modifications, sions of chapter 51 and subchapter III of aminations of their operations in accordance and the status of the implementation of any chapter 3 of such title relating to classifica- with the usual and customary practices of of the Secretary’s contingency plans; and tion and General Schedule pay rates. private corporations engaged in large nu- ‘‘(3) the Secretary’s analysis of its funding ‘‘(b) PROFESSIONAL STAFF.— clear construction projects consistent with needs for the ensuring 5 fiscal years. ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to its role in the program. ‘‘SEC. 703. EFFECTIVE DATE. paragraphs (2) and (3), the Chairman may ap- ‘‘(2) TIME.—The management practices and ‘‘This Act shall become effective one day point and fix the compensation of such pro- performances of the Office of Civilian Radio- after enactment.’’. fessional staff as may be necessary to dis- active Waste Management shall be audited charge the responsibilities of the Board. every 5 years by an independent manage- AMENDMENT NO. 5054 ‘‘(2) NUMBER.—Not more than 10 profes- ment consulting firm with significant expe- Beginning on page 1, line 3, strike ‘‘Nu- sional staff members may be appointed rience in similar audits of private corpora- clear’’ and all that follows, and insert in lieu under this subsection. tions engaged in large nuclear construction thereof the following: ‘‘the Nuclear Waste ‘‘(3) TITLE 5.—Professional staff members projects. The first such audit shall be con- Policy Act of 1982 is amended to read as fol- may be appointed without regard to the pro- ducted 5 years after the enactment of the lows: visions of title 5, United States Code, govern- Nuclear Waste Policy Act of 1996. ‘‘SECTION 1. SHORT TITLE AND TABLE OF CON- ing appointments in the competitive service, ‘‘(3) COMPTROLLER GENERAL.—The Comp- TENTS. and may be paid without regard to the provi- troller General of the United States shall an- ‘‘(a) SHORT TITLE.—This Act may be cited sions of chapter 51 and subchapter III of nually make an audit of the Office, in ac- as the ‘Nuclear Waste Policy Act of 1996’. S8906 CONGRESSIONAL RECORD — SENATE July 25, 1996

‘‘(b) TABLE OF CONTENTS.— ernment’ means the unit of local government dioactive waste with concentrations of radio- ‘‘Sec. 1. Short title and table of contents. with jurisdiction over the site of a repository nuclides that exceed the limits established ‘‘Sec. 2. Definitions. or interim storage facility. Such term may, by the Commission for class C radioactive ‘‘TITLE I—OBLIGATIONS at the discretion of the Secretary, include waste, as defined by section 61.55 of title 10, other units of local government that are con- Code of Federal Regulations, as in effect on ‘‘Sec. 101. Obligations of the Secretary of tiguous with such unit. January 26, 1983. Energy. ‘‘(4) ATOMIC ENERGY DEFENSE ACTIVITY.— ‘‘(15) FEDERAL AGENCY.—The term ‘Federal ‘‘TITLE II—INTEGRATED MANAGEMENT The term ‘atomic energy defense activity’ agency’ means any Executive agency, as de- SYSTEM means any activity of the Secretary per- fined in section 105 of title 5, United States ‘‘Sec. 201. Intermodal transfer. formed in whole or in part in carrying out Code. ‘‘Sec. 202. Transportation planning. any of the following functions: ‘‘(16) INDIAN TRIBE.—The term ‘Indian ‘‘Sec. 203. Transportation requirements. ‘‘(A) Naval reactors development. tribe’ means any Indian tribe, band, nation, ‘‘Sec. 204. Interim storage. ‘‘(B) Weapons activities including defense or other organized group or community of ‘‘Sec. 205. Permanent repository. inertial confinement fusion. Indians recognized as eligible for the services ‘‘Sec. 206. Land withdrawal. ‘‘(C) Verification and control technology. provided to Indians by the Secretary of the Interior because of their status as Indians in- ‘‘TITLE III—LOCAL RELATIONS ‘‘(D) Defense nuclear materials production. ‘‘(E) Defense nuclear waste and materials cluding any Alaska Native village, as defined ‘‘Sec. 301. Financial assistance. byproducts management. in section 3(c) of the Alaska Native Claims ‘‘Sec. 302. On-Site representative. ‘‘(F) Defense nuclear materials security Settlement Act (43 U.S.C. 1602(c)). ‘‘Sec. 303. Acceptance of benefits. and safeguards and security investigations. ‘‘(17) INTEGRATED MANAGEMENT SYSTEM.— ‘‘Sec. 304. Restrictions on use of funds. ‘‘(G) Defense research and development. The term ‘integrated management system’ ‘‘Sec. 305. Land of conveyances. ‘‘(5) CIVILIAN NUCLEAR POWER REACTOR.— means the system developed by the Sec- ‘‘TITLE IV—FUNDING AND The term ‘civilian nuclear power reactor’ retary for the acceptance, transportation, ORGANIZATION means a civilian nuclear power plant re- storage, and disposal of spent nuclear fuel ‘‘Sec. 401. Program funding. quired to be licensed under section 103 or 104 and high-level radioactive waste under title ‘‘Sec. 402. Office of Civilian Radioactive b. of the Atomic Energy Act of 1954 (42 U.S.C. II of this Act. Waste Management. 2133, 2134(b)). ‘‘(18) INTERIM STORAGE FACILITY.—The term ‘‘Sec. 403. Federal contribution. ‘‘(6) COMMISSION.—The term ‘Commission’ ‘interim storage facility’ means a facility de- means the Nuclear Regulatory Commission. signed and constructed for the receipt, han- ‘‘TITLE V—GENERAL AND dling, possession, safeguarding, and storage MISCELLANEOUS PROVISIONS ‘‘(7) CONTRACTS.—The term ‘contracts’ means the contracts, executed prior to the of spent nuclear fuel and high-level radio- ‘‘Sec. 501. Compliance with other laws. date of enactment of the Nuclear Waste Pol- active waste in accordance with title II of ‘‘Sec. 502. Judicial review of agency actions. icy Act of 1996, under section 302(a) of the this Act. ‘‘Sec. 503. Licensing of facility expansions Nuclear Waste Policy Act of 1982, by the Sec- ‘‘(19) INTERIM STORAGE FACILITY SITE.—The and transshipments. retary and any person who generates or term ‘interim storage facility site’ means ‘‘Sec. 504. Siting a second repository. holds title to spent nuclear fuel or high-level the specific site within Area 25 of the Nevada ‘‘Sec. 505. Financial arrangements for low- radioactive waste of domestic origin for ac- Test Site that is designated by the Secretary level radioactive waste site clo- ceptance of such waste or fuel by the Sec- and withdrawn and reserved in accordance sure. retary and the payment of fees to offset the with this Act for the location of the interim ‘‘Sec. 506. Nuclear Regulatory Commission Secretary’s expenditures, and any subse- storage facility. ‘‘(20) LOW-LEVEL RADIOACTIVE WASTE.—The training authority. quent contracts executed by the Secretary ‘‘Sec. 507. Emplacement schedule. term ‘low-level radioactive waste’ means ra- pursuant to section 401(a) of this Act.’’ ‘‘Sec. 508. Transfer of title. dioactive material that— ‘‘(8) CONTRACT HOLDERS.—The term ‘con- ‘‘(A) is not spent nuclear fuel, high-level ‘‘Sec. 509. Decommissioning pilot program. tract holders’ means parties (other than the ‘‘Sec. 510. Water rights. radioactive waste, transuranic waste, or by- Secretary) to contracts. product material as defined in section 11 e.(2) ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL ‘‘(9) DEPARTMENT.—The term ‘Department’ of the Atomic Energy Act of 1954 (42 U.S.C. REVIEW BOARD means the Department of Energy. 2014 (e)(2)); and ‘‘(10) DISPOSAL.—The term ‘disposal’ means ‘‘Sec. 601. Definitions. ‘‘(B) the Commission, consistent with ex- the emplacement in a repository of spent nu- ‘‘Sec. 602. Nuclear Waste Technical Review isting law, classifies as low-level radioactive clear fuel, high-level radioactive waste, or Board. waste. other highly radioactive material with no ‘‘Sec. 603. Functions. ‘‘(21) METRIC TONS URANIUM.—The terms ‘‘Sec. 604. Investigatory powers. foreseeable intent of recovery, whether or ‘metric tons uranium’ and ‘MTU’ means the ‘‘Sec. 605. Compensation of members. not such emplacement permits recovery of amount of uranium in the original ‘‘Sec. 606. Staff. such material for any future purpose. unirradiated fuel element whether or not the ‘‘Sec. 607. Support services. ‘‘(11) DISPOSAL SYSTEM.—The term ‘dis- spent nuclear fuel has been reprocessed. ‘‘Sec. 608. Report. posal system’ means all natural barriers and ‘‘(22) NUCLEAR WASTE FUND.—The terms ‘‘Sec. 609. Authorization of appropriations. engineered barriers, and engineered systems ‘Nuclear Waste Fund’ and ‘waste fund’ mean ‘‘Sec. 610. Termination of the board. and components, that prevent the release of the nuclear waste fund established in the ‘‘TITLE VII—MANAGEMENT REFORM radionuclides from the repository. United States Treasury prior to the date of ‘‘(12) EMPLACEMENT SCHEDULE.—The term ‘‘Sec. 701. Management reform initiatives. enactment of this Act under section 302(c) of ‘emplacement schedule’ means the schedule the Nuclear Waste Policy Act of 1982. ‘‘Sec. 702. Reporting. established by the Secretary in accordance ‘‘Sec. 703. Effective date. ‘‘(23) OFFICE.—The term ‘Office’ means the with section 507(a) for emplacement of spent Office of Civilian Radioactive Waste Manage- ‘‘SECTION 2. DEFINITIONS. nuclear fuel and high-level radioactive waste ment established within the Department ‘‘For purposes of this Act: at the interim storage facility. prior to the date of enactment of this Act ‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘ac- ‘‘(13) ENGINEERED BARRIERS AND ENGI- under the provisions of the Nuclear Waste cept’ and ‘acceptance’ mean the Secretary’s NEERED SYSTEMS AND COMPONENTS.—The Policy Act of 1982. act of taking possession of spent nuclear fuel terms ‘engineered barriers’ and ‘engineered ‘‘(24) PROGRAM APPROACH.—The term ‘pro- or high-level radioactive waste. systems and components,’ mean man-made gram approach’ means the Civilian Radio- ‘‘(2) AFFECTED INDIAN TRIBE.—The term components of a disposal system. These active Waste Management Program Plan, ‘‘affected Indian tribe’’ means any Indian terms include the spent nuclear fuel or high- dated May 6, 1996, as modified by this Act, tribe— level radioactive waste form, spent nuclear and as amended from time to time by the ‘‘(A) whose reservation is surrounded by or fuel package or high-level radioactive waste Secretary in accordance with this Act. borders an affected unit of local government, package, and other materials placed over and ‘‘(25) REPOSITORY.—The term ‘repository’ or around such packages. means a system designed and constructed ‘‘(B) whose federally defined possessory or ‘‘(14) HIGH-LEVEL RADIOACTIVE WASTE.—The under title II of this Act for the geologic dis- usage rights to other lands outside of the term ‘high-level radioactive waste’ means— posal of spent nuclear fuel and high-level ra- reservation’s boundaries arising out of con- ‘‘(A) the highly radioactive material re- dioactive waste, including both surface and gressionally ratified treaties may be sub- sulting from the reprocessing of spent nu- subsurface areas at which spent nuclear fuel stantially and adversely affected by the lo- clear fuel, including liquid waste produced and high-level radioactive waste receipt, cating of an interim storage facility or a re- directly reprocessing and any solid material handling, possession, safeguarding, and stor- pository if the Secretary of the Interior derived from such liquid waste that contains age are conducted. finds, upon the petition of the appropriate fission products in sufficient concentrations; ‘‘(26) SECRETARY.—The term ‘Secretary’ governmental officials of the tribe, that such and means the Secretary of Energy. effects are both substantial and adverse to ‘‘(B) other highly radioactive material that ‘‘(27) SITE CHARACTERIZATION.—The term the tribe. the Commission, consistent with existing ‘site characterization’ means activities, ‘‘(3) AFFECTED UNIT OF LOCAL GOVERN- law, determines by rule requires permanent whether in a laboratory or in the field, un- MENT.—The term ‘affected unit of local gov- isolation, which includes any low-level ra- dertaken to establish the geologic condition July 25, 1996 CONGRESSIONAL RECORD — SENATE S8907 and the ranges of the parameters of a can- prior to the date of enactment of this Act cluding such financial and institutional ar- didate site relevant to the location of a re- under that section; or rangements, as the Secretary and agreement pository, including borings, surface exca- ‘‘(2) obligations imposed upon the federal entity determine to be reasonable and appro- vations, excavations of exploratory facili- government by the U.S. District Court of priate and shall contain such provisions as ties, limited subsurface lateral excavations Idaho in an order entered on October 17, 1995 are necessary to preserve any right to par- and borings, and in situ testing needed to in United States v. Batt (No. 91–0054–S–EJL). ticipation or compensation of Lincoln coun- evaluate the licensability of a candidate site ‘‘(g) LIABILITY.—Subject to subsection (f), ty, Nevada. for the location of a repository, but not in- nothing in this Act shall be construed to ‘‘(3) AMENDMENT.—An agreement entered cluding preliminary borings and geophysical subject the United States to financial liabil- into under this subsection may be amended testing needed to assess whether site charac- ity for the Secretary’s failure to meet any only with the mutual consent of the parties terization should be undertaken. deadline for the acceptance or emplacement to the amendment and terminated only in ‘‘(28) SPENT NUCLEAR FUEL.—The term of spent nuclear fuel or high-level radio- accordance with paragraph (4). ‘spent nuclear fuel’ means fuel that has been active waste for storage or disposal under ‘‘(4) TERMINATION.—The Secretary shall withdrawn from a nuclear reactor following this Act. terminate the agreement under this sub- irradiation, the constituent elements of ‘‘TITLE II—INTEGRATED MANAGEMENT section if any major element of the inte- which have not been separated by reprocess- SYSTEM grated management system may not be com- ing. pleted. SEC. 201. INTERMODAL TRANSFER. ‘‘(29) STORAGE.—The term ‘storage’ means ‘‘(5) LIMITATION.—Only 1 agreement may be ‘‘(a) ACCESS.—The Secretary shall utilize retention of spent nuclear fuel or high-level in effect at any one time. heavy-haul truck transport to move spent radioactive waste with the intent to recover ‘‘(6) JUDICIAL REVIEW.—Decisions of the nuclear fuel and high-level radioactive waste such waste or fuel for subsequent use, proc- Secretary under this section are not subject from the mainline rail line at Caliente, Ne- essing, or disposal. to judicial review. vada, to the interim storage facility site. ‘‘(30) WITHDRAWAL.—The term ‘withdrawal’ ‘‘(i) CONTENT OF AGREEMENT.— ‘‘(b) CAPABILITY DATE.—The Secretary has the same definition as that set forth in ‘‘(1) SCHEDULE.—In addition to the benefits shall develop the capability to commence section 103(j) of the Federal Land Policy and to which Lincoln County is entitled to under rail to truck intermodal transfer at Caliente, Management Act of 1976 (43 U.S.C. 1702(j)). this title, the Secretary shall make pay- Nevada, no later than November 30, 1999. ‘‘(31) YUCCA MOUNTAIN SITE.—The term ments under the benefits agreement in ac- ‘Yucca Mountain site’ means the area in the Intermodal transfer and related activities cordance with the following schedule: State of Nevada that is withdrawn and re- are incidental to the interstate transpor- served in accordance with this Act for the lo- tation of spent nuclear fuel and high-level BENEFITS SCHEDULE radioactive waste. cation of a repository. [Amounts in millions] ‘‘(c) ACQUISTIONS.—The Secretary shall ac- ‘‘TITLE I—OBLIGATIONS quire lands and rights-of-way necessary to Event Payment ‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF commence intermodal transfer at Caliente ENERGY. Nevada. (A) Annual payments prior to first receipt of spent fuel ...... $2.5 (B) Annual payments beginning upon first spent fuel receipt ..... 5 ‘‘(a) DISPOSAL.—The Secretary shall de- ‘‘(d) REPLACEMENTS.—The Secretary shall (C) Payment upon closure of the intermodal transfer facility ...... 5 velop and operate an integrated management acquire and develop on behalf of, and dedi- system for the storage and permanent dis- cate to, the City of Caliente, Nevada, parcels ‘‘(2) DEFINITIONS.—For purposes of this sec- posal of spent nuclear fuel and high-level ra- of land and right-of-way within Lincoln tion, the term— dioactive waste. County, Nevada, as required to facility re- ‘‘(A) ‘spent fuel’ means high-level radio- ‘‘(b) INTERIM STORAGE.—The Secretary placement replacement of land and city active waste or spent nuclear fuel; and shall store spent nuclear fuel and high-level wastewater disposal facilities necessary to ‘‘(B) ‘first spent fuel receipt’ does not in- radioactive waste from facilities designated commence intermodal transfer pursuant to clude receipt of spent fuel or high-level ra- by contract holders at an interim storage fa- this Act. Replacement of land and city dioactive waste for purposes of testing or cility pursuant to section 204 in accordance wastewater disposal activities shall occur no operational demonstration. with the emplacement schedule, beginning later than November 30, 1999. ‘‘(3) ANNUAL PAYMENTS.—Annual payments not later than November 30, 1999. ‘‘(3) NOTICE AND MAP.—Within 6 months of prior to first spent fuel receipt under para- ‘‘(c) TRANSPORTATION.—The Secretary shall the date of enactment of the Nuclear Waste graph (1)(A) shall be made on the date of exe- provide for the transportation of spent nu- Policy Act of 1996, the Secretary shall— cution of the benefits agreement and there- clear fuel and high-level radioactive waste ‘‘(1) publish in the Federal Register a no- after on the anniversary date of such execu- accepted by the Secretary. The Secretary tice containing a legal description of the tion. Annual payments after the first spent shall procure all systems and components sites and rights-of-way to be acquired under fuel receipt until closure of the facility necessary to transport spent nuclear fuel and this subsection; and under paragraph (1)(C) shall be made on the high-level radioactive waste from facilities ‘‘(2) file copies of a map of such sites and anniversary date of such first spent fuel re- designated by contract holders to and among rights-of-way with the Congress, the Sec- ceipt. facilities comprising the Integrated Manage- retary of the Interior, the State of Nevada, ‘‘(4) REDUCTION.—If the first spent fuel pay- ment System. Consistent with the Buy the Archivist of the United States, the Board ment under paragraph (1)(B) is made within American Act (41 U.S.C. 10a–10c), unless the of Lincoln County Commissioners, the Board 6 months after the last annual payment prior Secretary shall determine it to be inconsist- of Nye County Commissioners, and the to the receipt of spent fuel under paragraph ent with the public interest, or the cost to be Caliente City Council. Such map and legal (1)(A), such first spent fuel payment under unreasonable, all such systems and compo- description shall have the same force and ef- paragraph (1)(B) shall be reduced by an nents procured by the Secretary shall be fect as if they were included in this Act. The amount equal to 1⁄2 of such annual payment manufactured in the United States, with the Secretary may correct clerical and typo- under paragraph (1)(A) for each full month exception of any transportable storage sys- graphical errors and legal descriptions and less than 6 that has not elapsed since the last tems purchased by contract holders prior to make minor adjustments in the boundaries. annual payment under paragraph (1)(A). the effective date of the Nuclear Waste Pol- ‘‘(f) IMPROVEMENTS.—The Secretary shall ‘‘(5) RESTRICTIONS.—The Secretary may icy Act of 1996 and procured by the Secretary make improvements to existing roadways se- not restrict the purposes for which the pay- from such contract holders for use in the in- lected for heavy-haul truck transport be- ments under this section may be used. tegrated management system. tween Caliente, Nevada, and the interim ‘‘(6) DISPUTE.—In the event of a dispute ‘‘(d) INTEGRATED MANAGEMENT SYSTEM.— storage facility site as necessary to facili- concerning such agreement, the Secretary The Secretary shall expeditiously pursue the tate year-round safe transport of spent nu- shall resolve such dispute, consistent with development of each component of the inte- clear fuel and high-level radioactive waste. this Act and applicable State law. grated management system, and in so doing ‘‘(g) LOCAL GOVERNMENT INVOLVEMENT.— ‘‘(7) CONSTRUCTION.—The signature of the shall seek to utilize effective private sector The Commission shall enter into a Secretary on a valid benefits agreement management and contracting practices. Memorandumm of Understanding with the under this section shall constitute a commit- ‘‘(e) PRIVATE SECTOR PARTICIPATION.—In City of Caliente and Lincoln County, Ne- ment by the United States to make pay- administering the Integrated Management vada, to provide advice to the Commission ments in accordance with such agreement System, the Secretary shall, to the maxi- regarding intermodal transfer and to facili- under section 401(c)(2). mum extent possible, utilize, employ, pro- tate on-site representation. Reasonable ex- ‘‘(j) INITIAL LAND CONVEYANCES.— cure and contract with, the private sector to penses of such representation shall be paid ‘‘(1) CONVEYANCE OF PUBLIC LANDS.—One fulfill the Secretary’s obligations and re- by the Secretary. hundred and twenty days after enactment of quirements under this Act. ‘‘(h) BENEFITS AGREEMENT.— this Act, all right, title and interest of the ‘‘(f) PRE-EXISTING RIGHTS.—Nothing in this ‘‘(1) IN GENERAL.—The Secretary shall offer United States in the property described in Act is intended to or shall be construed to to enter into agreement with Lincoln Coun- paragraph (2), and improvements thereon, to- modify— ty, Nevada concerning the integrated man- gether with all necessary easements for util- ‘‘(1) any right of a contract holder under agement system. ities and ingress and egress to such property, section 302(a) of the Nuclear Waste Policy ‘‘(2) AGREEMENT CONTENT.—Any agreement including, but not limited to, the right to Act of 1982, or under a contract executed shall contain such terms and conditions, in- improve those easements, are conveyed by S8908 CONGRESSIONAL RECORD — SENATE July 25, 1996 operation of law to the County of Lincoln, cation regarding transportation of spent nu- fuel and high-level radioactive waste. The Nevada, unless the county notifies the Sec- clear fuel and high level radioactive waste; regulation shall specify minimum training retary of Interior or the head of such other and transportation tracking programs. standards applicable to workers, including appropriate agency in writing within 60 days ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS. managerial personnel. The regulation shall of such date of enactment that it elects not ‘‘(a) PACKAGE CERTIFICATION.—No spent nu- require that the employer possess evidence to take title to all or any part of the prop- clear fuel or high-level radioactive waste of satisfaction of the applicable training erty, except that any lands conveyed to the may be transported by or for the Secretary standard before any individual may be em- County of Lincoln under this subsection that under this Act except in packages that have ployed in the removal and transportation of are subject to a Federal grazing permit or been certified for such purposes by the Com- spent nuclear fuel and high-level radioactive lease or a similar federally granted permit or mission. waste. lease shall be conveyed between 60 and 120 ‘‘(b) STATE NOTIFICATION.—The Secretary ‘‘(2) If the Secretary of Transportation de- days of the earliest time the Federal agency shall abide by regulations of the Commission termines, in promulgating the regulation re- administering or granting the permit or regarding advance notification of State and quired by subparagraph (1), that regulations lease would be able to legally terminate such local governments prior to transportation of promulgated by the Commission establish right under the statutes and regulations ex- spent nuclear fuel or high-level radioactive adequate training standards for workers, isting at the date of enactment of this Act, waste under this Act. then the Secretary of Transportation can re- unless Lincoln County and the affected hold- ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- frain from promulgating additional regula- er of the permit or lease negotiate an agree- retary shall provide technical assistance and tions with respect to worker training in such ment that allows for an earlier conveyance. funds to States, units of local government, activities. The Secretary of Transportation ‘‘(2) SPECIAL CONVEYANCES.—Notwithstand- and Indian tribes through whose jurisdiction and the Commission shall work through ing any other law, the following public lands the Secretary plans to transport substantial their Memorandum of Understanding to en- depicted on the maps and legal descriptions amounts of spent nuclear fuel or high-level sure coordination of worker training stand- dated October 11, 1995, shall be conveyed radioactive waste for training for public ards and to avoid duplicative regulation. under paragraph (1) to the County of Lin- safety officials of appropriate units of local ‘‘(3) The training standards required to be coln, Nevada: government. The Secretary shall also pro- promulgated under subparagraph (1) shall, Map 10: Lincoln County, Parcel M, Indus- vide technical assistance and funds for train- among other things deemed necessary and trial Park Site ing directly to national nonprofit employee appropriate by the Secretary of Transpor- Map 11: Lincoln County, Parcel F, Mixed organizations which demonstrate experience tation, include the following provisions— Use Industrial Site in implementing and operating worker ‘‘(A) a specified minimum number of hours Map 13: Lincoln County, Parcel J, Mixed health and safety training and education of initial off site instruction and actual field Use, Alamo Community Expansion Area programs and demonstrate the ability to experience under the direct supervision of a Map 14: Lincoln County, Parcel E, Mixed reach and involve in training programs tar- trained, experienced supervisor; Use, Pioche Community Expansion Area get populations of workers who are or will be ‘‘(B) a requirement that onsite managerial Map 15: Lincoln County, Parcel B, Landfill directly engaged in the transportation of personnel receive the same training as work- Expansion Site. spent nuclear fuel and high-level radioactive ers, and a minimum number of additional ‘‘(3) CONSTRUCTION.—The maps and legal waste, or emergency response or post-emer- hours of specialized training pertinent to descriptions of special conveyances referred gency response with respect to such trans- their managerial responsibilities; and to in paragraph (2) shall have the same force portation. Training shall cover procedures ‘‘(C) a training program applicable to per- and effect as if they were included in this required for safe routine transportation of sons responsible for responding to and clean- Act. The Secretary may correct clerical and these materials, as well as procedures for ing up emergency situations occurring dur- typographical errors in the maps and legal dealing with emergency response situations, ing the removal and transportation of spent descriptions and make minor adjustments in and shall be consistent with any training nuclear fuel and high-level radioactive the boundaries of the sites. standards established by the Secretary of waste. ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon Transportation in accordance with sub- ‘‘(4) There is authorized to be appropriated the request of the County of Lincoln, Ne- section (g). The Secretary’s duty to provide to the Secretary of Transportation, from vada, the Secretary of the Interior shall pro- technical and financial assistance under this general revenues, such sums as may be nec- vide evidence of title transfer. subsection shall be limited to amounts speci- essary to perform his duties under this sub- ‘‘SEC. 202. TRANSPORTATION PLANNING. fied in annual appropriations. section. ‘‘(a) TRANSPORTATION READINESS.—The ‘‘(d) PUBLIC EDUCATION.—The Secretary ‘‘SEC. 204. INTERIM STORAGE. Secretary shall take those actions that are shall conduct a program to educate the pub- ‘‘(a) AUTHORIZATION.—The Secretary shall necessary and appropriate to ensure that the lic regarding the transportation of spent nu- design, construct, and operate a facility for Secretary is able to transport safely spent clear fuel and high-level radioactive waste, the interim storage of spent nuclear fuel and nuclear fuel and high-level radioactive waste with an emphasis upon those States, units of high-level radioactive waste at the interim from sites designated by the contract holders local government, and Indian tribes through storage facility site. The interim storage fa- to mainline transportation facilities, using whose jurisdiction the Secretary plans to cility shall be subject to licensing pursuant routes that minimize, to the maximum prac- transport substantial amounts of spent nu- to the Atomic Energy Act of 1954 in accord- ticable extent consistent with Federal re- clear fuel or high-level radioactive waste. ance with the Commission’s regulations gov- quirements governing transportation of haz- ‘‘(e) COMPLIANCE WITH TRANSPORTATION erning the licensing of independent spent ardous materials, transportation of spent nu- REGULATIONS.—Any person that transports fuel storage installations, which regulations clear fuel and high-level radioactive waste spent nuclear fuel or high-level radioactive shall be amended by the Commission as nec- through populated areas, beginning not later waste under the Nuclear Waste Policy Act of essary to implement the provisions of this than November 30, 1999, and, by that date, 1986, pursuant to a contract with the Sec- Act. The interim storage facility shall com- shall, in consultation with the Secretary of retary, shall comply with all requirements mence operation in phases in accordance Transportation, develop and implement a governing such transportation issued by the with subsection (b). comprehensive management plan that en- federal, state and local governments, and In- ‘‘(b) SCHEDULE.—(1) The Secretary shall sures that safe transportation of spent nu- dian tribes, in the same way and to the same proceed forthwith and without further delay clear fuel and high-level radioactive waste extent that any person engaging in that with all activities necessary to begin storing from the sites designated by the contract transportation that is in or affects interstate spent nuclear fuel and high-level radioactive holders to the interim storage facility site commerce must comply with such require- waste at the interim storage facility at the beginning not late than November 30, 1999. ments, as required by 49 U.S.C. sec. 5126. interim storage facility site by November 30, ‘‘(b) TRANSPORTATION PLANNING.—In con- ‘‘(f) EMPLOYEE PROTECTION.—Any person 1999, except that: junction with the development of the engaged in the interstate commerce of spent ‘‘(A) The Secretary shall not begin any logistical plan in accordance with subsection nuclear fuel or high-level radioactive waste construction activities at the interim stor- (a), the Secretary shall update and modify, under contract to the Secretary pursuant to age facility site before December 31, 1998. as necessary, the Secretary’s transportation this Act shall be subject to and comply fully ‘‘(B) The Secretary shall cease all activi- institutional plans to ensure that institu- with the employee protection provisions of ties (except necessary termination activi- tional issues are addressed and resolved on a 49 U.S.C. 20109 and 49 U.S.C. 31105. ties) at the Yucca Mountain site if the Presi- schedule to support the commencement of ‘‘(g) TRAINING STANDARD.—(1) No later than dent determines, in his discretion, on or be- transportation of spent nuclear fuel and 12 months after the date of enactment of the fore December 31, 1998, based on a preponder- high-level radioactive waste to the interim Nuclear Waste Policy Act of 1996, the Sec- ance of the information available at such storage facility no later than November 30, retary of Transportation, pursuant to au- time, that the Yucca Mountain site is un- 1999. Among other things, such planning thority under other provisions of law, in con- suitable for development as a repository, in- shall provide a schedule and process for ad- sultation with the Secretary of Labor and cluding geologic and engineered barriers, be- dressing and implementing, as necessary, the Commission, shall promulgate a regula- cause of a substantial likelihood that a re- transportation routing plans, transportation tion establishing training standards applica- pository of useful size cannot be designed, li- contracting plans, transportation training in ble to workers directly involved in the re- censed, and constructed at the Yucca Moun- accordance with section 203, and public edu- moval and transportation of spent nuclear tain site. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8909 ‘‘(C) No later than June 30, 1998, the Sec- Waste Policy Act of 1996, the Secretary shall nently ceased operation on or before the date retary shall provide to the President and to submit to the Commission an application for of enactment of the Nuclear Waste Policy the Congress a viability assessment of the a license for the first phase of the interim Act of 1996; Yucca Mountain site. The viability assess- storage facility. The Environmental Report ‘‘(B) spent nuclear fuel from foreign re- ment shall include and Safety Analysis Report submitted in search reactors, as necessary to promote ‘‘(i) the preliminary design concept for the support of such license application shall be non-proliferation objectives; and critical elements of the repository and waste consistent with the scope of authority re- ‘‘(C) spent nuclear fuel, including spent nu- package, quested in the license application. The li- clear fuel from naval reactors, and high-level ‘‘(ii) a total system performance assess- cense issued for the first phase of the interim radioactive waste from atomic energy de- ment, based upon the design concept and the storage facility shall have a term of 20 years. fense activities. scientific data and analysis available by The interim storage facility licensed in the ‘‘(f) NATIONAL ENVIRONMENTAL POLICY ACT June 30, 1998, describing the probable behav- first phase shall have a capacity of not more OF 9169.— ior of the repository in the Yucca Mountain than 15,000 MTU. The Commission shall issue ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI- geologic setting relative to the overall sys- a final decision granting or denying the ap- TIES.—The Secretary’s and President’s ac- tem performance standard set forth in sec- plication for the first phase license no later tivities under this section, including, but not tion 205(d) of this Act, than 16 months from the date of the submit- limited to, the selection of a site for the in- ‘‘(iii) a plan and cost estimate for the re- tal of the application for such license. terim storage facility, assessments, deter- maining work required to complete a license ‘‘(3) SECOND PHASE.—No later than 30 minations and designations made under sec- application, and months after the date of enactment of the tion 204(b), the preparation and submittal of ‘‘(iv) an estimate of the costs to construct Nuclear Waste Policy Act of 1996, the Sec- a license application and supporting docu- and operate the repository in accordance retary shall submit to the Commission an mentation, the construction of a facility with the design concept application for a license for the second phase under paragraph (e)(1) of this section, and fa- ‘‘(D) Within 18 months of a determination interim storage facility. The license for the cility use pursuant to paragraph (e)(2) of this by the President that the Yucca Mountain second phase facility shall authorize a stor- section shall be considered preliminary deci- site is unsuitable for development as a repos- age capacity of 40,000 MTU. If the Secretary sionmaking activities for purposes of judi- itory under paragraph (B), the President does not submit the license application for cial review. The Secretary shall not prepare shall designate a site for the construction of construction of a repository by February 1, an environmental impact statement under an interim storage facility. If the President 2002, or does not begin full spent nuclear fuel section 102(2)(C) of the National Environ- does not designate a site for the construction receipt operations at a repository by Janu- mental Policy Act of 1969 (42 U.S.C. of an interim storage facility, or the con- ary 17, 2010, the license shall authorize a 4332(2)(C)) or any environmental review struction of an interim storage facility at storage capacity of 60,000 MTU. The license under subparagraph (E) or (F) of such Act be- the designated site is not approved by law application shall be submitted such that the fore conducting these activities. within 24 months of the President’s deter- license can be issued to permit the second ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— mination that the Yucca Mountain site is phase facility to begin full spent nuclear fuel ‘‘(A) FINAL DECISION.—A final decision by not suitable for development as a repository, receipt operations no later than December the Commission to grant or deny a license the Secretary shall begin construction of an 31, 2002. The license for the second phase application for the first or second phase of interim storage facility at the interim stor- shall have an initial term of up to 100 years, the interim storage facility shall be accom- age facility site as defined in section 2(19) of and shall be renewable for additional terms panied by an Environmental Impact State- this Act. The interim storage facility site as upon application of the Secretary. ment prepared under section 102(2)(C) of the defined in section 2(19 of this Act shall be ‘‘(e) ADDITIONAL AUTHORITY.— National Environmental Policy Act of 1969 deemed to be approved by law for purposes of ‘‘(1) CONSTRUCTION.—For purposes of com- (42 U.S.C. 4332(2)). In preparing such Environ- this section. plying with this section, the Secretary may mental Impact Statement, the Commission— ‘‘(2) Upon the designation of an interim commence site preparation for the interim ‘‘(i) shall ensure that the scope of the Envi- storage facility site by the President under storage facility as soon as practicable after ronmental Impact Statement is consistent paragraph (1)(D), the Secretary shall proceed the date of enactment of the Nuclear Waste with the scope of the licensing action; and ‘‘(ii) shall analyze the impacts of the trans- forthwith and without further delay with all Policy Act of 1996 and shall commence con- portation of spent nuclear fuel and high-level activities necessary to begin storing spent struction of each phase of the interim stor- radioactive waste to the interim storage fa- nuclear fuel and high-level radioactive waste age facility subsequent to submittal of the cility in a generic manner. at an interim storage facility at the des- license application for such phase except ‘‘(B) CONSIDERATIONS.—Such Environ- that the Commission shall issue an order ignated site, except that the Secretary shall mental Impact Statement shall not con- suspending such construction at any time if not begin any construction activities at the sider— designated interim storage facility site be- the Commission determines that such con- ‘‘(i) the need for the interim storage facil- fore the designated interim storage facility struction poses an unreasonable risk to pub- ity, including any individual component site is approved by law. lic health and safety or the environment. thereof; ‘‘(c) DESIGN.— The Commission shall terminate all or part ‘‘(ii) the time of the initial availability of ‘‘(1) The interim storage facility shall be of such order upon a determination that the the interim storage facility; designed in two phases in order to commence Secretary has taken appropriate action to ‘‘(iii) any alternatives to the storage of operations no later than November 30, 1999. eliminate such risk. spent nuclear fuel and high-level radioactive The design of the interim storage facility ‘‘(2) FACILITY USE.—Notwithstanding any waste at the interim storage facility; shall provide for the use of storage tech- otherwise applicable licensing requirement, ‘‘(iv) any alternatives to the site of the fa- nologies, licensed, approved, or certified by the Secretary may utilize any facility owned cility as designated by the Secretary in ac- the Commission for use at the interim stor- by the Federal Government on the date of cordance with subsection (a); age facility as necessary to ensure compat- enactment of the Nuclear Waste Policy Act ‘‘(v) any alternatives to the design criteria ibility between the interim storage facility of 1996 within the boundaries of the interim for such facility or any individual compo- and contract holders’ spent nuclear fuel and storage facility site, in connection with an nent thereof, as specified by the Secretary in facilities, and to facilitate the Secretary’s imminent and substantial endangerment to the license application; or ability to meet the Secretary’s obligations public health and safety at the interim stor- (vi) the environmental impacts of the stor- under this Act. age facility prior to commencement of oper- age of spent nuclear fuel and high-level ra- ‘‘(2) The Secretary shall consent to an ations during the second phase. dioactive waste at the interim storage facil- amendment to the contracts to provide for ‘‘(3) EMPLACEMENT OF FUEL AND WASTE.— ity beyond the initial term of the license or reimbursement to contract holders for trans- Subject to paragraph (i), once the Secretary the term of the renewal period for which a li- portable storage systems purchased by con- has achieved the annual acceptance rate for cense renewal application is made. tract holders if the Secretary determines spent nuclear fuel from civilian nuclear ‘‘(g) JUDICIAL REVIEW.—Judicial review of that it is cost effective to use such trans- power reactors established pursuant to the the Commission’s environmental impact portable storage systems as part of the inte- contracts executed prior to the date of en- statement under the National Environ- grated management system, provided that actment of the Nuclear Waste Policy Act of mental Policy Act of 1969 (42 U.S.C. 4321 et the Secretary shall not be required to expend 1996, as set forth in the Secretary’s annual seq.) shall be consolidated with judicial re- any funds to modify contract holders’ stor- capacity report dated March, 1995 (DOE/RW– view of the Commission’s licensing decision. age or transport systems or to seek addi- 0457), the Secretary shall accept, in an No court shall have jurisdiction to enjoin the tional regulatory approvals in order to use amount not less than 25 percent of the dif- construction or operation of the interim such systems. ference between the contractual acceptance storage facility prior to its final decision on ‘‘(d) LICENSING.— rate and the annual emplacement rate for review of the Commission’s licensing action. ‘‘(1) PHASES.—The interim storage facility spent nuclear fuel from civilian nuclear ‘‘(h) WASTE CONFIDENCE.—The Secretary’s shall be licensed by the Commission in two power reactors established under section obligation to construct and operate the in- phases in order to commence operations no 507(a), the following radioactive materials: terim storage facility in accordance with later than November 30, 1999. ‘‘(A) spent nuclear fuel or high-level radio- this section and the Secretary’s obligation ‘‘(2) FIRST PHASE.—No later than 12 months active waste of domestic origin from civilian to develop an integrated management sys- after the date of enactment of the Nuclear nuclear power reactors that have perma- tem in accordance with the provisions of this S8910 CONGRESSIONAL RECORD — SENATE July 25, 1996

Act, shall provide sufficient and independent ‘‘(b) REPOSITORY LICENSING.—Upon the ‘‘(d) REPOSITORY LICENSING STANDARDS.— grounds for any further findings by the Com- completion of any licensing proceeding for The Administrator of the Environmental mission of reasonable assurance that spent the first phase of the interim storage facil- Protection Agency shall, pursuant to author- nuclear fuel and high-level radioactive waste ity, the Commission shall amend its regula- ity under other provisions of law, issue gen- will be disposed of safely and on a timely tions governing the disposal of spend nuclear erally applicable standards for the protec- basis for purposes of the Commission’s deci- fuel and high-level radioactive waste in geo- tion of the public from releases of radio- sion to grant or amend any license to oper- logic repositories to the extent necessary to active materials or radioactivity from the ate any civilian nuclear power reactor under comply with this Act. Subject to subsection repository. Such standards shall be consist- the Atomic Energy Act of 1954 (42 U.S.C. 2011, (c), such regulations shall provide for the li- ent with the overall system performance et seq.) censing of the repository according to the standard established by this subsection un- ‘‘(i) STORAGE OF OTHER SPENT NUCLEAR following procedures: less the Administrator determines by rule FUEL AND HIGH-LEVEL RADIOACTIVE WASTE.— ‘‘(1) CONSTRUCTION AUTHORIZATION.—The that the overall system performance stand- No later than 18 months following the date Commission shall grant the Secretary a con- ard would constitute an unreasonable risk to of enactment of the Nuclear Waste Policy struction authorization for the repository health and safety. The Commission’s reposi- Act of 1996, the Commission shall, by rule, upon determining that there is reasonable tory licensing determinations for the protec- establish criteria for the storage in the in- assurance that spent nuclear fuel and high- tion of the public shall be based solely on a terim storage facility of fuel and waste list- level radioactive waste can be disposed of in finding whether the repository can be oper- ed in paragraph(e)(3)(A) through (C), to the the repository— ated in conformance with the overall system performance standard established in para- extent such criteria are not included in regu- ‘‘(A) in conformity with the Secretary’s graph (1), applied in accordance with the pro- lations issued by the Commission and exist- application, the provisions of this Act, and visions of paragraph (2), and the Administra- ing on the date of enactment of the Nuclear the regulations of the Commission; tor’s radiation protection standards. The Waste Policy Act of 1996. Following estab- ‘‘(B) without reasonable risk to the health and safety of the public; and Commission shall amend its regulations in lishment of such criteria, the Secretary shall accordance with subsection (b) to incor- seek authority, as necessary, to store fuel ‘‘(C) consistent with the common defense and security: porate each of the following licensing stand- and waste listed in paragraph (e)(3)(A) ards: ‘‘(2)— LICENSE.—Following substantial through (C) at the interim storage facility. ‘‘(1) ESTABLISHMENT OF OVERALL SYSTEM completion of construction and the filing of None of the activities carried out pursuant PERFORMANCE STANDARD.—The standard for any additional information needed to com- to this paragraph shall delay, or otherwise protection of the public from release of ra- plete the license application, the Commis- affect, the development, construction, li- dioactive material or radioactivity from the censing, or operation of the interim storage sion shall issue a license to dispose of spent repository shall prohibit releases that would facility. nuclear fuel and high-level radioactive waste expose an average member of the general ‘‘(j) SAVINGS CLAUSE.—The Commission in the repository if the Commission deter- population in the vicinity of the Yucca shall, by rule, establish procedures for the li- mines that the repository has been con- Mountain site to an annual dose in excess of censing of any technology for the dry stor- structed and will operate— 100 millirems unless the Commission deter- age of spent nuclear fuel by rule and with- ‘‘(A) in conformity with the Secretary’s mines by rule that such standard would con- out, to the maximum extent possible, the application, the provisions of this Act, and stitute an unreasonable risk to health and need for site-specific approvals by the Com- the regulations of the Commission; safety and establishes by rule another stand- mission. Nothing in this Act shall affect any ‘‘(B) without unreasonable risk to the ard which will protect health and safety. such procedures, or any licenses or approvals health and safety of the public; and Such standard shall constitute an overall issued pursuant to such procedures in effect ‘‘(C) consistent with the common defense system performance standard. on the date of enactment. and security. ‘‘(2) APPLICATION OF OVERALL SYSTEM PER- ‘‘(3) CLOSURE.—After emplacing spent nu- ‘‘SEC. 205. PERMANENT REPOSITORY. FORMANCE STANDARD.—The Commission shall clear fuel and high-level radioactive waste in issue the license if it finds reasonable assur- ‘‘(a) REPOSITORY CHARACTERIZATION.— the repository and collecting sufficient con- ance that for the first 1,000 years following ‘‘(1) GUIDELINES.—The guidelines promul- firmatory data on repository performance to the commencement of repository operations, gated by the Secretary and published at 10 reasonably confirm the basis for repository the overall system performance standard CFR part 960 are annulled and revoked and closure consistent with the Commission’s will be met based on a probabilistic evalua- the Secretary shall make no assumptions or regulations applicable to the licensing of a tion, as appropriate, of compliance with the conclusions about the licensability of the repository, as modified in accordance with overall system performance standard in Yucca Mountain site as a repository by ref- this Act, the Secretary shall apply to the paragraph (1). erence to such guidelines. Commission to amend the license to permit ‘‘(3) FACTORS.—For purposes of making the ‘‘(2) SITE CHARACTERIZATION ACTIVITIES.— permanent closure of the repository. The finding in paragraph (2)— The Secretary shall carry out appropriate Commission shall grant such license amend- ‘‘(A) the Commission shall not consider site characterization activities at the Yucca ment upon finding that there is reasonable catastrophic events where the health con- Mountain site in accordance with the Sec- assurance that the repository can be perma- sequences of individual events themselves retary’s program approach to site character- nently closed— can be reasonably assumed to exceed the ization. The Secretary shall modify or elimi- ‘‘(A) in conformity with the Secretary’s health consequences due to the impact of the nate those site characterization activities application to amend the license, the provi- events on repository performance; designed only to demonstrate the suitability sions of this Act, and the regulations of the ‘‘(B) for the purpose of this section, an av- of the site under the guidelines referenced in Commission; erage member of the general population in paragraph (1). ‘‘(B) without unreasonable risk to the the vicinity of the Yucca Mountain site ‘‘(3) SCHEDULE DATE.—Consistent with the health and safety of the public; and means a person whose physiology, age, gen- schedule set forth in the program approach, ‘‘(C) consistent with the common defense eral health, agricultural practices, eating as modified to be consistent with the Nu- and security. habits, and social behavior represent the av- clear Waste Policy Act of 1996, no later than ‘‘(4) POST-CLOSURE.—The Secretary shall erage for persons living in the vicinity of the February 1, 2002, the Secretary shall apply to take those actions necessary and appropriate site. Extremes in social behavior, eating the Commission for authorization to con- at the Yucca Mountain site to prevent any habits, or other relevant practices or charac- struct a repository. If, at any time prior to activity at the site subsequent to repository teristics shall not be considered; and the filing of such application, the Secretary closure that poses an unreasonable risk of— ‘‘(C) the Commission shall assume that, determines that the Yucca Mountain site ‘‘(A) breaching the repository’s engineered following repository closure, the inclusion of cannot satisfy the Commission’s regulations or geologic barriers; or engineered barriers and the Secretary’s post- applicable to the licensing of a geologic re- ‘‘(B) increasing the exposure of individual closure actions at the Yucca Mountain site; pository, the Secretary shall terminate site members of the public to radiation beyond in accordance with subsection (b)(4), shall be characterization activities at the site, notify the release standard established in sub- sufficient to— ‘‘(i) prevent any human activity at the site Congress and the State of Nevada of the Sec- section (d)(1). that poses an unreasonable risk of breaching retary’s determination and the reasons ‘‘(c) MODIFICATION OF REPOSITORY LICENS- the repository’s engineered or geologic bar- therefor, and recommend to Congress not ING PROCEDURE.—The Commission’s regula- riers; and later than 6 months after such determina- tions shall provide for the modification of ‘‘(ii) prevent any increase in the exposure tion further actions, including the enact- the repository licensing procedure, as appro- of individual members of the public to radi- ment of legislation, that may be needed to priate, in the event that the Secretary seeks ation beyond the allowable limits specified manage the Nation’s spent nuclear fuel and a license to permit the emplacement in the in paragraph (1). high-level radioactive waste. repository, on a retrievable basis, of spent ‘‘(4) ADDITIONAL ANALYSIS.—The Commis- ‘‘(4) MAXIMIZING CAPACITY.—In developing nuclear fuel or high-level radioactive waste sion shall analyze the overall system per- an application for authorization to construct as is necessary to provide the Secretary with formance through the use of probabilistic the repository, the Secretary shall seek to sufficient confirmatory data on repository evaluations that use best estimate assump- maximize the capacity of the repository, in performance to reasonably confirm the basis tions, data, and methods for the period com- the most cost-effective manner, consistent for repository closure consistent with appli- mencing after the first 1,000 years of oper- with the need for disposal capacity. cable regulations. ation of the repository and terminating at July 25, 1996 CONGRESSIONAL RECORD — SENATE S8911

10,000 years after the commencement of oper- Waste Policy Act of 1996, the Secretary ‘‘(d) OTHER ASSISTANCE.— ation of the repository. shall— ‘‘(1) TAXABLE AMOUNTS.—In addition to fi- ‘‘(e) NATIONAL ENVIRONMENTAL POLICY ‘‘(A) publish in the Federal Register a no- nancial assistance provided under this sub- ACT.— tice containing a legal description of the in- section, the Secretary is authorized to grant ‘‘(1) SUBMISSION OF STATEMENT.—Construc- terim storage facility site; and any affected Indian tribe or affected unit of tion and operation of the repository shall be ‘‘(B) file copies of the maps described in local government an amount each fiscal year considered a major Federal action signifi- paragraph (1), and the legal description of equal to the amount such affected Indian cantly affecting the quality of the human en- the interim storage facility site with the tribe or affected unit of local government, vironment for purposes of the National Envi- Congress, the Secretary of the Interior, the respectively, would receive if authorized to ronmental Policy Act of 1969 (42 U.S.C. 4321 Governor of Nevada, and the Archivist of the tax integrated management system activi- et seq.). The Secretary shall submit an envi- United States. ties, as such affected Indian tribe or affected ronmental impact statement on the con- ‘‘(4) NOTICE AND MAPS.—Concurrent with unit of local government taxes the non-Fed- struction and operation of the repository to the Secretary’s application to the Commis- eral real property and industrial activities the Commission with the license application sion for authority to construct the reposi- occurring within such affected unit of local and shall supplement such environmental tory, the Secretary shall— government. impact statement as appropriate. ‘‘(A) publish in the Federal Register a no- ‘‘(2) TERMINATION. Such grants shall con- ‘‘(2) CONSIDERATIONS.—For purposes of tice containing a legal description of the tinue until such time as all such activities, complying with the requirements of the Na- Yucca Mountain site; and development, and operations are terminated tional Environmental Policy Act of 1969 and ‘‘(B) file copies of the maps described in at such site. this section, the Secretary shall not consider paragraph (2), and the legal description of ‘‘(3) ASSISTANCE TO INDIAN TRIBES AND in the environmental impact statement the the Yucca Mountain site with the Congress, UNITS OR LOCAL GOVERNMENT.— need for the repository, or alternative sites the Secretary of the Interior, the Governor ‘‘(A) Period.—Any affected Indian tribe or or designs for the repository. of Nevada, and the Archivist of the United affected unit of local government may not ‘‘(3) ADOPTION BY COMMISSION.—The Sec- States. receive any grant under paragraph (1) after retary’s environmental impact statement ‘‘(5) CONSTRUCTION.—The maps and legal the expiration of the 1-year period following and any supplements thereto shall, to the ex- descriptions of the interim storage facility the date on which the Secretary notifies the tent practicable, be adopted by the Commis- site and the Yucca Mountain site referred to affected Indian tribe or affected unit of local sion in connection with the issuance by the in this subsection shall have the same force government of the termination of the oper- Commission of a construction authorization and effect as if they were included in this ation of the integrated management system. under subsection (b)(1), a license under sub- Act. The Secretary may correct clerical and ‘‘(B) ACTIVITIES.—Any affected Indian tribe section (b)(2), or a license amendment under typographical errors in the maps and legal or affected unit of local government may not subsection (b)(3). To the extent such state- descriptions and make minor adjustments in receive any further assistance under this sec- ment or supplement is adopted by the Com- the boundaries of the sites. tion if the integrated management system mission, such adoption shall be deemed to ‘‘TITLE III—LOCAL RELATIONS activities at such site are terminated by the also satisfy the responsibilities of the Com- Secretary or if such activities are perma- mission under the National Environmental ’’SEC. 301. FINANCIAL ASSISTANCE. nently enjoined by any court. ‘‘(a) GRANTS.—The Secretary is authorized Policy Act of 1969, and no further consider- ‘‘SEC. 302. ON-SITE REPRESENTATIVE. to make grants to any affected Indian tribe ation shall be required, except that nothing ‘‘The Secretary shall offer to the unit of or affected unit of local government for pur- in this subsection shall affect any independ- local government within whose jurisdiction a poses of enabling the affected Indian tribe or ent responsibilities of the Commission to site for an interim storage facility or reposi- affected unit of local government— protect the public health and safety under tory is located under this Act an opportunity ‘‘(1) to review activities taken with respect the Atomic Energy Act of 1954. In any such to designate a representative to conduct on- to the Yucca Mountain site for purposes of statement or supplement prepared with re- site oversight activities at such site. The determining any potential economic, social, spect to the repository, the Commission Secretary is authorized to pay the reason- public health and safety, and environmental shall not consider the need for a repository, able expenses of such representative. impacts of the integrated management sys- or alternate sites or designs for the reposi- ‘‘SEC. 303. ACCEPTANCE OF BENEFITS. tory. tem on the affected Indian tribe or the af- ‘‘(a) CONSENT.—The acceptance or use of ‘‘(f) JUDICIAL REVIEW.—No court shall have fected unit of local government and its resi- any of the benefits provided under this title jurisdiction to enjoin issuance of the Com- dents; by any affected Indian tribe or affected unit mission repository licensing regulations ‘‘(2) to develop a request for impact assist- of local government shall not be deemed to prior to its final decision on review of such ance under subsection (c); be an expression of consent, express, or im- regulations. ‘‘(3) to engage in any monitoring, testing, plied, either under the Constitution of the ‘‘SEC. 206. LAND WITHDRAWAL. or evaluation activities with regard to such site; State or any law thereof, to the siting of an ‘‘(a) WITHDRAWAL AND RESERVATION.— interim storage facility or repository in the ‘‘(1) WITHDRAWAL.—Subject to valid exist- ‘‘(4) to provide information to residents re- State of Nevada, any provision of such Con- ing rights, the interim storage facility site garding any activities of the Secretary, or stitution or laws to the contrary notwith- and the Yucca Mountain site, as described in the Commission with respect to such site; standing. subsection (b), are withdrawn from all forms and ‘‘(b) ARGUMENTS.—Neither the United of entry, appropriation, and disposal under ‘‘(5) to request information from, and make comments and recommendations to, the Sec- States nor any other entity may assert any the public land laws, including the mineral argument based on legal or equitable estop- leasing laws, the geothermal leasing laws, retary regarding any activities taken with respect to such site. pel, or acquiescence, or waiver, or consensual the material sale laws, and the mining laws. involvement, in response to any decision by ‘‘(2) JURISDICTION.—Jurisdiction of any ‘‘(b) SALARY AND TRAVEL EXPENSES.—Any the State to oppose the siting in Nevada of land within the interim storage facility site salary or travel expense that would ordi- an interim storage facility or repository pre- and the Yucca Mountain site managed by the narily be incurred by any affected Indian mised upon or related to the acceptance or Secretary of the Interior or any other Fed- tribe or affected unit of local government use of benefits under this title. eral officer is transferred to the Secretary. may not be considered eligible for funding ‘‘(3) RESERVATION.—The interim storage fa- under this section. ‘‘(c) LIABILITY.—No liability of any na- cility site and the Yucca Mountain site are ‘‘(c) FINANCIAL AND TECHNICAL ASSIST- ture shall accrue to be asserted against any reserved for the use of the Secretary for the ANCE.— official of any governmental unit of Nevada construction and operation, respectively, of ‘‘(1) ASSISTANCE REQUESTS.—The Secretary premised solely upon the acceptance or use the interim storage facility and the reposi- is authorized to offer to provide financial of benefits under this title. tory and activities associated with the pur- and technical assistance to any affected In- poses of this title. dian tribe or affected unit of local govern- ‘‘SEC. 304. RESTRICTIONS ON USE OF FUNDS. ‘‘(b) LAND DESCRIPTION.— ment requesting such assistance. Such as- ‘‘None of the funding provided under this ‘‘(1) BOUNDARIES.—The boundaries depicted sistance shall be designed to mitigate the title may be used— on the map entitled ‘‘Interim Storage Facil- impact on the affected Indian tribe or af- ‘‘(1) directly or indirectly to influence leg- ity Site Withdrawal Map,’’ dated March 13, fected unit of local government of the devel- islative action on any matter pending before 1996, and on file with the Secretary, are es- opment of the integrated management sys- Congress or a State legislature or for any tablished as the boundaries of the Interim tem. lobbying activity as provided in section 1913 Storage Facility site. ‘‘(2) REPORT.—Any affected Indian tribe or of title 18, United States Code; ‘‘(2) BOUNDARIES.—The boundaries depicted affected unit of local government may re- ‘‘(2) for litigation purposes; and on the map entitled ‘Yucca Mountain Site quest assistance under this section by pre- ‘‘(3) to support multistate efforts or other Withdrawal Map,’ dated July 9, 1996, and on paring and submitting to the Secretary a re- coalition-building activities inconsistent file with the Secretary, are established as port on the economic, social, public health with the purposes of this Act. the boundaries of the Yucca Mountain site. and safety, and environmental impacts that ‘‘SEC. 305. LAND CONVEYANCES. ‘‘(3) NOTICE AND MAPS.—Within 6 months of are likely to result from activities of the in- ‘‘(a) CONVEYANCES OF PUBLIC the date of the enactment of the Nuclear tegrated management system. LANDS.—One hundred and twenty days after S8912 CONGRESSIONAL RECORD — SENATE July 25, 1996

enactment of this Act, all right, title and in- ‘‘(2) ANNUAL FEES.— provide sufficient revenues to offset the terest of the United States in the property ‘‘(A) For electricity generated by civilian costs as defined in subsection (c)(2). In the described in subsection (b), and improve- nuclear power reactors and sold between event the Secretary determines that the rev- ments thereon, together with all necessary January 7, 1983, and September 30, 2002, the enues being collected are either insufficient easements for utilities and ingress and fee under paragraph (1) shall be equal to 1.0 or excessive to recover the costs incurred by egress to such property, including, but not mill per kilowatt hour generated and sold. the Federal Government that are specified in limited to, the right to improve those ease- For electricity generated by civilian nuclear subsection (c)(2), the Secretary shall propose ments, are conveyed by operation of law to power reactors and sold on or after October an adjustment to the fee in subsection (c)(2) the County of Nye, Nevada, unless the coun- 1, 2002, the aggregate amount of fees col- to ensure full cost recovery. The Secretary ty notifies the Secretary of Interior or the lected during each fiscal year shall be no shall immediately transmit the proposal for head of such other appropriate agency in greater than the annual level of appropria- such an adjustment to both houses of Con- writing within 60 days of such date of enact- tions for expenditures on those activities gress. ment that it elects not to take title to all or consistent with subsection (d) for that fiscal ‘‘(b) ADVANCE CONTRACTING REQUIRE- any part of the property, except that any year, minus— MENT.— lands conveyed to the County of Nye under ‘‘(i) any unobligated balance collected pur- ‘‘(1) IN GENERAL.— this subsection that are subject to a Federal suant to this section during the previous fis- ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—The grazing permit or lease or a similar federally cal year; and Commission shall not issue or renew a li- granted permit or lease shall be conveyed be- ‘‘(ii) the percentage of such appropriation cense to any person to use a utilization or tween 60 and 120 days of the earliest time the required to be funded by the Federal Govern- production facility under the authority of Federal agency administering or granting ment pursuant to section 403. section 103 or 104 of the Atomic Energy Act the permit or lease would be able to legally The Secretary shall determine the level of of 1954 (42 U.S.C. 2133, 2134) unless— terminate such right under the statutes and the annual fee for each civilian nuclear ‘‘(i) such person has entered into a con- regulations existing at the date of enact- power reactor based on the amount of elec- tract under subsection (a) with the Sec- ment of this Act, unless Nye County and the tricity generated and sold, except that the retary, or affected holder of the permit or lease nego- annual fee collected under this subparagraph ‘‘(ii) the Secretary affirms in writing that tiate an agreement that allows for an earlier shall not exceed 1.0 mill per kilowatt-hour such person is actively and in good faith ne- conveyance. generated and sold. gotiating with the Secretary for a contract ‘‘(b) SPECIAL CONVEYANCES.—Notwith- ‘‘(B) EXPENDITURES IF SHORTFALL.—If, dur- under this section. standing any other law, the following public ing any fiscal year on or after October 1, ‘‘(B) PRECONDITION.—The Commission, as it lands depicted on the maps and legal descrip- 2002, the aggregate amount of fees assessed deems necessary or appropriate, may require tions dated October 11, 1995, and on file with pursuant to subparagraph (A) is less than the as a precondition to the issuance or renewal the Secretary shall be conveyed under sub- annual level of appropriations for expendi- of a license under section 103 or 104 of the section (a) to the County of Nye, Nevada: tures on those activities specified in sub- Atomic Energy Act of 1954 (42 U.S.C. 2133, Map 1: Proposed Pahrump Industrial Park section (d) for that fiscal year, minus— 2134) that the applicant for such license shall Site ‘‘(i) any unobligated balance collected pur- have entered into an agreement with the Map 2: Proposed Lathrop Wells (Gate 510) suant to this section during the previous fis- Secretary for the disposal of spent nuclear Industrial Park Site cal year; and fuel and high-level radioactive waste that Map 3: Pahrump Landfill Sites ‘‘(ii) the percentage of such appropriations may result from the use of such license. Map 4: Amargosa Valley Regional Landfill required to be funded by the Federal Govern- Site ‘‘(2) DISPOSAL IN REPOSITORY.—Except as Map 5: Amargosa Valley Municipal Land- ment pursuant to section 403, provided in paragraph (1), no spent nuclear fill Site the Secretary may make expenditures from fuel or high-level radioactive waste gen- Map 6: Beatty Landfill/Transfer Station the Nuclear Waste Fund up to the level of erated or owned by any person (other than a Site the fees assessed. department of the United States referred to Map 7: Round Mountain Landfill Site ‘‘(C) RULES.—The Secretary shall, by rule, in section 101 or 102 of title 5, United States Map 8: Tonopah Landfill Site establish procedures necessary to implement Code) may be disposed of by the Secretary in Map 9: Gabbs Landfill Site. this paragraph. the repository unless the generator or owner ‘‘(3) CONSTRUCTION.—The maps and legal ‘‘(3) ONE-TIME FEE.—For spent nuclear fuel of such spent fuel or waste has entered into descriptions of special conveyances referred or solidified high-level radioactive waste de- a contract under subsection (a) with the Sec- to in subsection (b) shall have the same force rived from spent nuclear fuel, which fuel was retary by not later than the date on which and effect as if they were included in this used to generate electricity in a civilian nu- such generator or owner commences genera- Act. The Secretary may correct clerical and clear power reactor prior to January 7, 1983, tion of, or takes title to, such spent fuel or typographical errors in the maps and legal the fee shall be in an amount equivalent to waste. descriptions and make minor adjustments in an average charge of 1.0 mill per kilowatt- ‘‘(3) ASSIGNMENT.—The rights and duties of the boundaries of the sites. hour for electricity generated by such spent contract holders are assignable. ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon nuclear fuel, or such solidified high-level ‘‘(c) NUCLEAR WASTE FUND.— the request of the County of Nye, Nevada, waste derived therefrom. Payment of such ‘‘(1) IN GENERAL.—The Nuclear Waste Fund the Secretary of the Interior shall provide one-time fee prior to the date of enactment established in the Treasury of the United evidence of title transfer. of the Nuclear Waste Policy Act of 1996 shall States under section 302(c) of the Nuclear ‘‘TITLE IV—FUNDING AND satisfy the obligation imposed under this Waste Policy Act of 1982 shall continue in ef- ORGANIZATION paragraph. Any one-time fee paid and col- fect under this Act and shall consist of— ‘‘SEC. 401. PROGRAM FUNDING. lected subsequent to the date of enactment ‘‘(A) the existing balance in the Nuclear ‘‘(a) CONTRACTS.— of the Nuclear Waste Policy Act of 1996 pur- Waste Fund on the date of enactment of the ‘‘(1) AUTHORITY OF SECRETARY.—In the per- suant to the contracts, including any inter- Nuclear Waste Policy Act of 1996; and formance of the Secretary’s functions under est due pursuant to such contracts, shall be ‘‘(B) all receipts, proceeds, and recoveries this Act, the Secretary is authorized to enter paid to the Nuclear Waste Fund no later realized under subsections (a), and (c)(3) sub- into contracts with any person who gen- than September 30, 2002. The Commission sequent to the date of enactment of the Nu- erates or holds title to spent nuclear fuel or shall suspend the license of any licensee who clear Waste Policy Act of 1996, which shall be high level radioactive waste of domestic ori- fails or refuses to pay the full amount of the deposited in the Nuclear Waste Fund imme- gin for the acceptance of title and posses- fee referred to in this paragraph on or before diately upon their realization. sion, transportation, interim storage, and September 30, 2002, and the license shall re- ‘‘(2) USE.—The Secretary may make ex- disposal of such waste or spent fuel. Such main suspended until the full amount of the penditures from the Nuclear Waste Fund, contracts shall provide for payment of an- fee referred to in this paragraph is paid. The subject to subsections (d) and (e), only for nual fees to the Secretary in the amounts set person paying the fee under this paragraph purposes of the integrated management sys- by the Secretary pursuant to paragraphs (2) to the Secretary shall have no further finan- tem. and (3). Except as provided in paragraph (3), cial obligation to the Federal Government ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE fees assessed pursuant to this paragraph for the long-term storage and permanent dis- FUND.— shall be paid to the Treasury of the United posal of spent fuel or high-level radioactive ‘‘(A) IN GENERAL.—The Secretary of the States and shall be available for use by the waste derived from spend nuclear fuel used Treasury shall hold the Nuclear Waste Fund Secretary pursuant to this section until ex- to generate electricity in a civilian power re- and, after consultation with the Secretary, pended. Subsequent to the date of enactment actor prior to January 7, 1983. annually report to the Congress on the finan- of the Nuclear Waste Policy Act of 1996, the ‘‘(4) ADJUSTMENTS TO FEE.—The Secretary cial condition and operations of the Nuclear contracts executed under section 302(a) of shall annually review the amount of the fees Waste Fund during the preceding fiscal year. the Nuclear Waste Policy Act of 1982 shall established by paragraphs (2) and (3), to- ‘‘(B) AMOUNTS IN EXCESS OF CURRENT continue in effect under this Act, provided gether with the existing balance of the Nu- NEEDS.—If the Secretary determines that the that the Secretary shall consent to an clear Waste Fund on the date of enactment Nuclear Waste Fund contains at any time amendment to such contracts as necessary of the Nuclear Waste Policy Act of 1996, to amounts in excess of current needs, the Sec- to implement the provisions of this Act. evaluate whether collection of the fee will retary may request the Secretary of the July 25, 1996 CONGRESSIONAL RECORD — SENATE S8913

Treasury to invest such amounts, or any por- ‘‘(b) APPROPRIATION REQUEST.—In addition quired actual or constructive knowledge or tion of such amounts as the Secretary deter- to any request for an appropriation from the such decision, action, or failure to act. mines to be appropriate, in obligations of the Nuclear Waste Fund, the Secretary shall re- ‘‘(c) APPLICATION OF OTHER LAW.—The pro- United States— quest annual appropriations from general visions of this section relating to any matter ‘‘(i) having maturities determined by the revenues in amounts sufficient to pay the shall apply in lieu of the provisions of any Secretary of the Treasury to be appropriate costs of the management of spent nuclear other Act relating to the same matter. to the needs of the Nuclear Waste Fund; and fuel and high-level radioactive waste from ‘‘(ii) bearing interest at rates determined atomic energy defense activities and spent ‘‘SEC. 503. LICENSING OF FACILITY EXPANSIONS to be appropriate by the Secretary of the nuclear fuel from foreign research reactors, AND TRANSSHIPMENTS. Treasury, taking into consideration the cur- as established under subsection (a). ‘‘(a) ORAL ARGUMENT.—In any Commission rent average market yield on outstanding ‘‘(c) REPORT.—In conjunction with the an- hearing under section 189 of the Atomic En- marketable obligations of the United States nual report submitted to Congress under ergy Act of 1954 (42 U.S.C. 2239) on an appli- with remaining periods to maturity com- Section 702, the Secretary shall advise the cation for a license, or for an amendment to parable to the maturities of such invest- Congress annually of the amount of spent an existing license, filed after January 7, ments, except that the interest rate on such nuclear fuel and highlevel radioactive waste 1983, to expand the spent nuclear fuel storage investments shall not exceed the average in- from atomic energy defense activities and capacity at the site of a civilian nuclear terest rate applicable to existing borrowings. spent nuclear fuel from foreign research re- power reactor, through the use of high-den- ‘‘(C) EXEMPTION.—Receipts, proceeds, and actors, requiring management in the inte- sity fuel storage racks, fuel rod compaction, recoveries realized by the Secretary under grated management system. the transshipment of spent nuclear fuel to this section, and expenditures of amounts ‘‘(d) AUTHORIZATION.—There is authorized another civilian nuclear power reactor with- from the Nuclear Waste Fund, shall be ex- to be appropriated to the Secretary, from in the same utility system, the construction empt from annual apportionment under the general revenues, for carrying out the pur- of additional spent nuclear fuel pool capac- provisions of subchapter II of chapter 15 of poses of this Act, such sums as may be nec- ity or dry storage capacity, or by other title 31, United States Code. essary to pay the costs of the management of means, the Commission shall, at the request ‘‘(d) BUDGET.—The Secretary shall submit spent nuclear fuel and high-level radioactive of any party, provide an opportunity for oral the budget for implementation of the Sec- waste from atomic energy defense activities argument with respect to any matter which retary’s responsibilities under this Act to and spend nuclear fuel from foreign research the Commission determines to be in con- the Office of Management and Budget annu- reactors, as established under subsection (a). troversy among the parties. The oral argu- ally along with the budget of the Depart- ‘‘TITLE V—GENERAL AND ment shall be preceded by such discovery ment of Energy submitted at such time in MISCELLANEOUS PROVISIONS procedures as the rules of the commission accordance with chapter 11 of title 31, United shall provide. The Commission shall require ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. States Code. The budget shall consist of the each party, including the Commission staff, ‘‘If the requirements of any Federal, State, estimates made by the Secretary of expendi- to submit in written form, at the time of the or local law (including a requirement im- tures under this Act and other relevant fi- oral argument, a summary of the facts, data, posed by regulation or by any other means nancial matters for the succeeding 3 fiscal and arguments upon which such party pro- under such a law) are inconsistent with or years, and shall be included in the budget of poses to rely that are known at such time to duplicative of the requirements of the Atom- the United States Government. such party. Only facts and data in the form ic Energy Act of 1954 (42 U.S.C. 2011 et seq.) ‘‘(e) APPROPRIATIONS.—The Secretary may of sworn testimony or written submission or of this Act, the Secretary shall comply make expenditures from the Nuclear Waste may be relied upon by the parties during oral only with the requirements of the Atomic Fund, subject to appropriations, which shall argument. Of the materials that may be sub- Energy Act of 1954 and of this Act in imple- remain available until expended. mitted by the parties during oral argument, menting the integrated management system. ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE the Commission shall only consider those WASTE MANAGEMENT. ‘‘SEC. 502. JUDICIAL REVIEW OF AGENCY AC- facts and data that are submitted in the ‘‘(a) ESTABLISHMENT.—There hereby is es- TIONS. form of sworn testimony or written submis- tablished within the Department of Energy ‘‘(a) JURISDICTION OF THE UNITED STATES sion. an Office of Civilian Radioactive Waste Man- COURTS OF APPEALS.— agement. The Office shall be headed by a Di- ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDIC- ‘‘(b) ADJUDICATORY HEARING.— rector, who shall be appointed by the Presi- TION.—Except for review in the Supreme ‘‘(1) DESIGNATION.—At the conclusion of dent, by and with the advice and consent of Court of the United States, and except as any oral argument under subsection (a), the the Senate, and who shall be compensated at otherwise provided in this Act, the United Commission shall designate any disputed the rate payable for level IV of the Executive States courts of appeals shall have original question of fact, together with any remain- Schedule under section 5315 of title 5, United and exclusive jurisdiction over any civil ac- ing questions of law, for resolution in an ad- States Code. tion— judicatory hearing if it determines that— ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director ‘‘(A) for review of any final decision or ac- ‘‘(A) there is a genuine and substantial dis- of the Office shall be responsible for carrying tion of the Secretary, the President, or the pute of fact which can only be resolved with out the functions of the Secretary under this Commission under this Act; sufficient accuracy by the introduction of Act, subject to the general supervision of the ‘‘(B) alleging the failure of the Secretary, evidence in an adjudicatory hearing; and Secretary. The Director of the Office shall be the President, or the Commission to make directly responsible to the Secretary. any decision, or take any action, required ‘‘(B) the decision of the Commission is likely to depend in whole or in part on the ‘‘SEC. 403. FEDERAL CONTRIBUTION. under this Act; resolution of such dispute. ‘‘(a) ALLOCATION.—No later than one year ‘‘(C) challenging the constitutionality of from the date of enactment of the Nuclear any decision made, or action taken, under ‘‘(2) DETERMINATION.—In making a deter- Waste Policy Act of 1996, acting pursuant to any provision of this Act; or mination under this subsection, the Commis- section 553 of title 5, United States Code, the ‘‘(D) for review of any environmental im- sion— Secretary shall issue a final rule establish- pact statement prepared or environmental ‘‘(A) shall designate in writing the specific ing the appropriate portion of the costs of assessment pursuant to the National Envi- facts that are in genuine and substantial dis- managing spent nuclear fuel and high-level ronmental Policy Act of 1969 (42 U.S.C. 4321 pute, the reason why the decision of the radioactive waste under this Act allocable to et seq.) with respect to any action under this agency is likely to depend on the resolution the interim storage or permanent disposal of Act or alleging a failure to prepare such of such facts, and the reason why an adju- spent nuclear fuel and high-level radioactive statement with respect to any such action. dicatory hearing is likely to resolve the dis- waste from atomic energy defense activities ‘‘(2) VENUE.—The venue of any proceeding pute; and under this section shall be in the judicial cir- and spent nuclear fuel from foreign research ‘‘(B) shall not consider— reactors. The share of costs allocable to the cuit in which the petitioner involved resides management of spent nuclear fuel and high- or has its principal office, or in the United ‘‘(i) any issue relating to the design, con- level radioactive waste from atomic energy States Court of Appeals for the District of struction, or operation of any civilian nu- defense activities and spent nuclear fuel Columbia Circuit. clear power reactor already licensed to oper- from foreign research reactors shall include, ‘‘(b) DEADLINE FOR COMMENCING ACTION.—A ate at such site, or any civilian nuclear ‘‘(1) an appropriate portion of the costs as- civil action for judicial review described power reactor to which a construction per- sociated with research and development ac- under subsection (a)(1) may be brought no mit has been granted at such site, unless the tivities with respect to development of an in- later than 180 days after the date of the deci- Commission determines that any such issue terim storage facility and repository; and sion or action or failure to act involved, as substantially affects the design, construc- ‘‘(2) as appropriate, interest on the prin- the case may be, except that if a party shows tion, or operation of the facility or activity cipal amounts due calculated by reference to that he did not know of the decision or ac- for which such license application, author- the appropriate Treasury bill rate as if the tion complained of (or of the failure to act), ization, or amendment is being considered; payments were made at a point in time con- and that a reasonable person acting under or sistent with the payment dates for spent nu- the circumstances would not have known, ‘‘(ii) any siting or design issue fully consid- clear fuel and high-level radioactive waste such party may bring a civil action no later ered and decided by the Commission in con- under the contracts. than 180 days after the date such party ac- nection with the issuance of a construction S8914 CONGRESSIONAL RECORD — SENATE July 25, 1996 permit or operating license for a civilian nu- license involved that the licensee has made accepted under the emplacement rate speci- clear power reactor at such site, unless— available such bonding, surety, or other fi- fied in subsection (a), the Secretary shall, as ‘‘(I) such issue results from any revision of nancial arrangements as may be necessary a mitigation measure, adjust the emplace- siting or design criteria by the Commission to ensure that any necessary long-term ment schedule upward such that within 5 following such decision; and maintenance or monitoring needed for such years of the start of emplacement by the ‘‘(II) the Commission determines that such site will be carried out by the person having Secretary, issue substantially affects the design, con- title and custody for such site following li- ‘‘(1) the total quantity accepted by the struction, or operation of the facility or ac- cense termination. Secretary is consistent with the total quan- tivity for which such license application, au- ‘‘(b) TITLE AND CUSTODY.— tity that the Secretary would have accepted thorization, or amendment is being consid- ‘‘(1) AUTHORITY OF SECRETARY.—The Sec- if the Secretary had began emplacement in ered. retary shall have authority to assume title fiscal year 2000, and ‘‘(3) APPLICATION.—The provisions of para- and custody of low-level radioactive waste ‘‘(2) thereafter the emplacement rate is graph (2)(B) shall apply only with respect to and the land on which such waste is disposed equivalent to the rate that would be in place licenses, authorizations, or amendments to of, upon request of the owner of such waste pursuant to paragraph (a) above if the Sec- licenses or authorizations, applied for under and land and following termination of the li- retary had commenced emplacement in fis- the Atomic Energy Act of 1954 (42 U.S.C. 2011 cense issued by the Commission for such dis- cal year 2000. et seq.) before December 31, 2005. posal, if the Commission determines that— ‘‘SEC. 508. TRANSFER OF TITLE. ‘‘(4) CONSTRUCTION.—The provisions of this ‘‘(A) the requirements of the Commission ‘‘(a) Acceptance by the Secretary of any section shall not apply to the first applica- for site closure, decommissioning, and de- spent nuclear fuel or high-level radioactive tion for a license or license amendment re- contamination have been met by the licensee waste shall constitute a transfer of title to ceived by the Commission to expand onsite involved and that such licensee is in compli- the Secretary. spent fuel storage capacity by the use of a ance with the provisions of subsection (a); ‘‘(b) No later than 6 months following the new technology not previously approved for ‘‘(B) such title and custody will be trans- date of enactment of the Nuclear Waste Pol- use at any nuclear power plant by the Com- ferred to the Secretary without cost to the icy Act of 1996, the Secretary is authorized mission. Federal Government; and to accept all spent nuclear fuel withdrawn ‘‘(c) JUDICIAL REVIEW.—No court shall hold ‘‘(C) Federal ownership and management of from Dairyland Power Cooperative’s La unlawful or set aside a decision of the Com- such site is necessary or desirable in order to Crosse Reactor and, upon acceptance, shall mission in any proceeding described in sub- protect the public health and safety, and the provide Dairyland Power Cooperative with section (a) because of a failure by the Com- environment. evidence of the title transfer. Immediately mission to use a particular procedure pursu- ‘‘(2) PROTECTION.—If the Secretary assumes upon the Secretary’s acceptance of such ant to this section unless— title and custody of any such waste and land spent nuclear fuel, the Secretary shall as- ‘‘(1) an objection to the procedure used was under this subsection, the Secretary shall sume all responsibility and liability for the presented to the Commission in a timely maintain such waste and land in a manner interim storage and permanent disposal fashion or there are extraordinary cir- that will protect the public health and safe- thereof and is authorized to compensate cumstances that excuse the failure to ty, and the environment. Dairyland Power Cooperative for any costs present a timely objection; and ‘‘(c) SPECIAL SITES.—If the low-level radio- related to operating and maintaining facili- ‘‘(2) the court finds that such failure has active waste involved is the result of a li- ties necessary for such storage from the date precluded a fair consideration and informed censed activity to recover zirconium, haf- of acceptance until the Secretary removes resolution of a significant issue of the pro- nium, and rare earths from source material, the spent nuclear fuel from the La Crosse ceeding taken as a whole. the Secretary, upon request of the owner of Reactor site.’’ the site involved, shall assume title and cus- ‘‘SEC. 504. SITING A SECOND REPOSITORY. ‘‘SEC. 509. DECOMMISSIONING PILOT PROGRAM. tody of such waste and the land on which it ‘‘(a) CONGRESSIONAL ACTION REQUIRED.— ‘‘(a) AUTHORIZATION.—the Secretary is au- is disposed when such site has been decon- The Secretary may not conduct site-specific thorized to establish a Decommissioning taminated and stabilized in accordance with activities with respect to a second repository Pilot Program to decommission and decon- the requirements established by the Com- unless Congress has specifically authorized taminate the sodium-cooled fast breeder ex- mission and when such owner has made ade- and appropriated funds for such activities. perimental test-site reactor located in quate financial arrangements approved by ‘‘(b) REPORT.—The Secretary shall report northwest Arkansas. the Commission for the long-term mainte- to the President and to Congress on or after ‘‘(b) FUNDING.—No funds from the Nuclear nance and monitoring of such site. January 1, 2007, but not later than January 1, Waste Fund may be used for the Decommis- 2010, on the need for a second repository. ‘‘SEC. 506. NUCLEAR REGULATORY COMMISSION sioning Pilot Program. TRAINING AUTHORIZATION. ‘‘SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW- ‘‘The Commission is authorized and di- ‘‘SEC. 510. WATER RIGHTS. LEVEL RADIOACTIVE WASTE SITE ‘‘a) NO FEDERAL RESERVATION.—Nothing in CLOSURE. rected to promulgate regulations, or other appropriate regulatory guidance, for the this Act or any other Act of Congress shall ‘‘(a) FINANCIAL ARRANGEMENTS.— constitute or be construed to constitute ei- ‘‘(1) STANDARDS AND INSTRUCTIONS.—The training and qualifications of civilian nu- clear power plant operators, supervisors, ther an express or implied Federal reserva- Commission shall establish by rule, regula- tion of water or water rights for any purpose tion, or order, after public notice, and in ac- technicians, and other appropriate operating personnel. Such regulations or guidance arising under this Act. cordance with section 181 of the Atomic En- ‘‘(b) ACQUISITION AND EXERCISE OF WATER ergy Act of 1954 (42 U.S.C. 2231), such stand- shall establish simulator training require- ments for applicants for civilian nuclear RIGHTS UNDER NEVADA LAW.—The United ards and instructions as the Commission States may acquire and exercise such water may deem necessary or desirable to ensure in power plant operator licenses and for opera- tor requalification programs; requirements rights as it deems necessary to carry out its the case of each license for the disposal of responsibilities under this Act pursuant to low-level radioactive waste that an adequate governing Commission administration of re- qualification examinations; requirements for the substantive and procedural requirements bond, surety, or other financial arrangement of the State of Nevada. Nothing in this Act (as determined by the Commission) will be operating tests at civilian nuclear power plant simulators, and instructional require- shall be construed to authorize the use of provided by a licensee to permit completion eminent domain by the United States to ac- of all requirements established by the Com- ments for civilian nuclear power plant li- censee personnel training programs. quire water rights for such lands. mission for the decontamination, decommis- ‘‘(c) EXERCISE OF WATER RIGHTS GEN- ‘‘SEC. 507. EMPLACEMENT SCHEDULE. sioning, site closure, and reclamation of ERALLY UNDER NEVADA LAWS.—Nothing in sites, structures, and equipment used in con- ‘‘(a) The emplacement schedule shall be this Act shall be construed to limit the exer- junction with such low-level radioactive implemented in accordance with the follow- cise of water rights as provided under Ne- waste. Such financial arrangements shall be ing: vada State laws. provided and approved by the Commission, ‘‘(1) Emplacement priority ranking shall or, in the case of sites within the boundaries be determined by the Department’s annual ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL of any agreement State under section 274 of ‘Acceptance Priority Ranking’ report. REVIEW BOARD the Atomic Energy Act of 1954 (42 U.S.C. ‘‘(2) The Secretary’s spent fuel emplace- ‘‘SEC. 601. DEFINITIONS. 2021), by the appropriate State or State en- ment rate shall be no less than the following: ‘‘For purposes of this title— tity, prior to issuance of licenses for low- 1,200 MTU in fiscal year 2000 and 1,200 MTU ‘‘(1) CHAIRMAN.—The term ‘Chairman’ level radioactive waste disposal or, in the in fiscal year 2001; 2,000 MTU in fiscal year means the Chairman of the Nuclear Waste case of licenses in effect on January 7, 1983, 2002 and 2000 MTU in fiscal year 2003; 2,700 Technical Review Board. prior to termination of such licenses. MTU in fiscal year 2004; and 3,000 MTU annu- ‘‘(2) BOARD.—The term ‘Board’ means the ‘‘(2) BONDING, SURETY, OR OTHER FINANCIAL ally thereafter. Nuclear Waste Technical Review Board con- ARRANGEMENTS.—If the Commission deter- ‘‘(b) If the Secretary is unable to begin em- tinued under section 602. mines that any long-term maintenance or placement by November 30, 1999 at the rates ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW monitoring, or both, will be necessary at a specified in subsection (a), or if the cumu- BOARD. site described in paragraph (1), the Commis- lative amount emplaced in any year there- ‘‘(a) CONTINUATION OF THE NUCLEAR WASTE sion shall ensure before termination of the after is less than that which would have been TECHNICAL REVIEW BOARD.—The Nuclear July 25, 1996 CONGRESSIONAL RECORD — SENATE S8915

Waste Technical Review Board, established ‘‘(b) PRODUCTION OF DOCUMENTS.— Board, the Chairman may procure temporary under section 502(a) of the Nuclear Waste ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re- and intermittent services under section Policy Act of 1982 as constituted prior to the quest of the Chairman or a majority of the 3109(b) of title 5 of the United States Code, date of enactment of the Nuclear Waste Pol- members of the Board, and subject to exist- but at rates for individuals not to exceed the icy Act of 1996, shall continue in effect subse- ing law, the Secretary (or any contractor of daily equivalent of the maximum annual quent to the date of enactment of the Nu- the Secretary) shall provide the Board with rate of basic pay payable for GS–18 of the clear Waste Policy Act of 1996. such records, files, papers, data, or informa- General Schedule. ‘‘(b) MEMBERS.— tion that is generally available to the public ‘‘SEC. 608. REPORT. ‘‘(1) NUMBER.—The Board shall consist of 11 as may be necessary to respond to any in- ‘‘The Board shall report not less than 2 members who shall be appointed by the quiry of the Board under this title. times per year to Congress and the Secretary President not later than 90 days after De- ‘‘(2) EXTENT.—Subject to existing law, in- its findings, conclusions, and recommenda- cember 22, 1987, from among persons nomi- formation obtainable under paragraph (1) tions. nated by the National Academy of Sciences may include drafts of products and docu- ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. in accordance with paragraph (3). mentation of work in progress. ‘‘There are authorized to be appropriated ‘‘(2) CHAIR.—The President shall designate ‘‘SEC. 605. COMPENSATION OF MEMBERS. a member of the Board to serve as Chairman. for expenditures such as may be necessary to ‘‘(a) IN GENERAL.—Each member of the carry out the provisions of this title. ‘‘(3) NATIONAL ACADEMY OF SCIENCES.— Board shall be paid at the rate of pay pay- ‘‘(A) NOMINATIONS.—The National Academy ‘‘SEC. 610. TERMINATION OF THE BOARD. able for level III of the Executive Schedule of Sciences shall, not later than 90 days after ‘‘The Board shall cease to exist not later for each day (including travel time) such than one year after the date on which the December 22, 1987, nominate not less than 22 member is engaged in the work of the Board. persons for appointment to the Board from Secretary begins disposal of spent nuclear ‘‘(b) TRAVEL EXPENSE.—Each member of among persons who meet the qualifications the Board may receive travel expenses, in- fuel or high-level radioactive waste in the re- described in subparagraph (C). cluding per diem in lieu of subsidence, in the pository. ‘‘(B) VACANCIES.—The National Academy of same manner as is permitted under sections ‘‘TITLE VII—MANAGEMENT REFORM Sciences shall nominate not less than 2 per- 5702 and 5703 of title 5, United States Code. sons to fill any vacancy on the Board from ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES. among persons who meet the qualifications ‘‘SEC. 606. STAFF. ‘‘(a) IN GENERAL.—The Secretary is di- described in subparagraph (C). ‘‘(a) CLERICAL STAFF.— rected to take actions as necessary to im- ‘‘(C) NOMINEES.— ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to prove the management of the civilian radio- ‘‘(i) Each person nominated for appoint- paragraph (2), the Chairman may appoint active waste management program to ensure ment to the Board shall be— and fix the compensation of such clerical that the program is operated, by the maxi- ‘‘(I) eminent in a field of science or engi- staff as may be necessary to discharge the mum extent practicable, in like manner as a neering, including environmental sciences; responsibilities of the Board. private business. and ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff ‘‘(b) AUDITS.— ‘‘(II) selected solely on the basis of estab- shall be appointed subject to the provisions ‘‘(1) STANDARD.—The Office of Civilian Ra- lished records of distinguished service. of title 5, United States Code, governing ap- dioactive Waste Management, its contrac- ‘‘(ii) The membership of the Board shall be pointments in the competitive service, and tors, and subcontractors at all tiers, shall representatives of the broad range of sci- shall be paid in accordance with the provi- conduct, or have conducted, audits and ex- entific and engineering disciplines related to sions of chapter 51 and subchapter III of aminations of their operations in accordance activities under this title. chapter 3 of such title relating to classifica- with the usual and customary practices of ‘‘(iii) No person shall be nominated for ap- tion and General Schedule pay rates. private corporations engaged in large nu- pointment to the Board who is an employee ‘‘(b) PROFESSIONAL STAFF.— clear construction projects consistent with of— ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to its role in the program. ‘‘(I) the Department of Energy; paragraphs (2) and (3), the Chairman may ap- ‘‘(2) TIME.—The management practices and ‘‘(II) a national laboratory under contract point and fix the compensation of such pro- performances of the Office of Civilian Radio- with the Department of Energy; or fessional staff as may be necessary to dis- active Waste Management shall be audited ‘‘(III) an entity performing spent nuclear charge the responsibilities of the Board. every 5 years by an independent manage- fuel or high-level radioactive waste activi- ‘‘(2) NUMBER.—Not more than 10 profes- ment consulting firm with significant expe- ties under contract with the Department of sional staff members may be appointed rience in similar audits of private corpora- Energy. under this subsection. tions engaged in large nuclear construction ‘‘(4) VACANCIES.—Any vacancy on the ‘‘(3) TITLE 5.—Professional staff members projects. The first such audit shall be con- Board shall be filled by the nomination and may be appointed without regard to the pro- ducted 5 years after the enactment of the appointment process described in paragraphs visions of title 5, United States Code, govern- Nuclear Waste Policy Act of 1996. (1) and (3). ing appointments in the competitive service, ‘‘(3) COMPTROLLER GENERAL.—The Comp- ‘‘(5) TERMS.—Members of the Board shall and may be paid without regard to the provi- troller General of the United States shall an- be appointed for terms of 4 years, each such sions of chapter 51 and subchapter III of nually make an audit of the Office, in ac- term to commence 120 days after December chapter 53 of such title relating to classifica- cordance with such regulations as the Comp- 22, 1987, except that of the 11 members first tion and General Schedule pay rates, except troller General may prescribe. The Comp- appointed to the Board, 5 shall serve for 2 that no individual so appointed may receive troller General shall have access to such years and 6 shall serve for 4 years, to be des- pay in excess of the annual rate of basic pay books, records, accounts, and other mate- ignated by the President at the time of ap- payable for GS–18 of the General Schedule. rials of the Office as the Comptroller General pointment, except that a member of the ‘‘SEC. 607. SUPPORT SERVICES. determines to be necessary for the prepara- Board whose term has expired may continue ‘‘(a) GENERAL SERVICES.—To the extent tion of such audit. The Comptroller General to serve as a member of the Board until such permitted by law and requested by the Chair- shall submit to the Congress a report on the member’s successor has taken office. man, the Administrator of General Services results of each audit conducted under this ‘‘SEC. 603. FUNCTIONS. shall provide the Board with necessary ad- section. ‘‘The Board shall limit its evaluations to ministrative services, facilities, and support ‘‘(4) TIME.—No audit contemplated by this the technical and scientific validity solely of on a reimbursable basis. subsection shall take longer than 30 days to the following activities undertaken directly ‘‘(b) ACCOUNTING, RESEARCH, AND TECH- conduct. An audit report shall be issued in by the Secretary after December 22, 1987— NOLOGY ASSESSMENT SERVICES.—The Comp- final form no longer than 60 days after the ‘‘(1) site characterization activities; and troller General and the Librarian of Congress audit is commenced. ‘‘(2) activities of the Secretary relating to shall, to the extent permitted by law and ‘‘(5) PUBLIC DOCUMENTS.—All audit reports the packaging or transportation of spent nu- subject to the availability of funds, provide shall be public documents and available to clear fuel or high-level radioactive waste. the Board with such facilities, support, funds any individual upon request. ‘‘SEC. 604. INVESTIGATORY POWERS. and services, including staff, as may be nec- ‘‘(d) VALUE ENGINEERING.—The Secretary ‘‘(a) HEARINGS.—Upon request of the Chair- essary for the effective performance of the shall create a value engineering function man or a majority of the members of the functions of the Board. within the Office of Civilian Radioactive Board, the Board may hold such hearings, sit ‘‘(c) ADDITIONAL SUPPORT.—Upon the re- Waste Management that reports directly to and act at such times and places, take such quest of the Chairman, the Board may secure the Director, which shall carry out value en- testimony, and receive such evidence, as the directly from the head of any department or gineering functions in accordance with the Board considers appropriate. Any member of agency of the United States information nec- usual and customary practices of private the Board may administer oaths or affirma- essary to enable it to carry out this title. corporations engaged in large nuclear con- tions to witnesses appearing before the ‘‘(d) MAILS.—The Board may use the Unit- struction projects. Board. The Secretary or the Secretary’s des- ed States mails in the same manner and ‘‘(e) SITE CHARACTERIZATION.—The Sec- ignee or designees shall not required to ap- under the same conditions as other depart- retary shall employ, on an on-going basis, in- pear before the Board or any element of the ments and agencies of the United States. tegrated performance modeling to identify Board for more than twelve working days per ‘‘(e) EXPERTS AND CONSULTANTS.—Subject appropriate parameters for the remaining calendar year. to such rules as may be prescribed by the site characterization effort and to eliminate S8916 CONGRESSIONAL RECORD — SENATE July 25, 1996 studies of parameters that are shown not to democracies in Central and Eastern Europe established effective democratic civilian affect long-term repository performance. will serve to reinforce stability and security control over their defense establishments ‘‘SEC. 702. REPORTING. in Europe by fostering their integration into and attained a degree of interoperability ‘‘(a) INITIAL REPORT.—Within 180 days of the structures which have created and sus- with NATO, should be evaluated for their po- enactment of this section, the Secretary tained peace in Europe since 1945. Their ad- tential to further the principles of the North shall report to Congress on its planned ac- mission into NATO will not threaten any na- Atlantic Treaty. tions for implementing the provisions of this tion. America’s security, freedom, and pros- (14) A number of Central and Eastern Euro- Act, including the development of the Inte- perity remain linked to the security of the pean countries have expressed interest in grated Waste Management System. Such re- countries of Europe. NATO membership, and have taken concrete port shall include— (3) The sustained commitment of the mem- steps to demonstrate this commitment, in- ‘‘(1) an analysis of the Secretary’s progress ber countries of NATO to a mutual defense cluding their participation in Partnership in meeting its statutory and contractual ob- has made possible the democratic trans- for Peace activities. ligation to accept title to, possession of, and formation of Central and Eastern Europe. (15) The Caucasus region remains impor- delivery of spent nuclear fuel and high-level Members of the Alliance can and should play tant geographically and politically to the fu- radioactive waste beginning no later than a critical role in addressing the security ture security of Central Europe. As NATO November 30, 1999, and in accordance with challenges of the post-Cold War era and in proceeds with the process of enlargement, creating the stable environment needed for the United States and NATO should continue the acceptance schedule; those emerging democracies in Central and to examine all appropriate means to ‘‘(2) a detailed schedule and timeline show- Eastern Europe to successfully complete po- strengthen the sovereignty and enhance the ing each action that the Secretary intends to litical and economic transformation. security of U.N.-recognized countries in that take to meet the Secretary’s obligations (4) The United States continues to regard region. under this Act and the contracts; the political independence and territorial in- (16) In recognition that not all countries ‘‘(3) a detailed description of the Sec- tegrity of all emerging democracies in which have requested membership in NATO retary’s contingency plans in the event that Central and Eastern Europe as vital to Euro- will necessarily qualify at the same pace, the the Secretary is unable to met the planned pean peace and security. accession date for each new member will schedule and timeline; and (5) The active involvement by the coun- vary. ‘‘(4) an analysis by the Secretary of its tries of Central and Eastern Europe has (17) The provision of additional NATO funding needs for fiscal years 1997 through made the Partnership for Peace program an transition assistance should include those 2001. important forum to foster cooperation be- emerging democracies most ready for closer ‘‘(b) ANNUAL REPORTS.—On each anniver- tween NATO and those countries seeking ties with NATO and should be designed to as- sary of the submittal of the report required NATO membership. sist other countries meeting specified cri- by subsection (a), the Secretary shall make (6) NATO has enlarged its membership on 3 teria of eligibility to move forward toward annual reports to the Congress for the pur- different occasions since 1949. eventual NATO membership. pose of updating the information contained (7) Congress supports the admission of new (18) The Congress of the United States in such report. The annual reports shall be members to NATO at an early date and has finds in particular that Poland, Hungary, brief and shall notify the Congress of: sought to facilitate the admission of new and the Czech Republic have made signifi- ‘‘(1) any modifications to the Secretary’s members into NATO. cant progress toward achieving the stated schedule and timeline for meeting its obliga- (8) As new members of NATO assume the criteria and should be eligible for the addi- tions under this Act; responsibilities of Alliance membership, the tional assistance described in this bill. ‘‘(2) the reasons for such modifications, costs of maintaining stability in Europe will (19) The evaluation of future membership and the status of the implementation of any be shared more widely. Facilitation of the in NATO for emerging democracies in of the Secretary’s contingency plans; and enlargement process will require current Central and Eastern Europe should be based ‘‘(3) the Secretary’s analysis of its funding members of NATO, and the United States in on the progress of those nations in meeting needs for the ensuring 5 fiscal years. particular, to demonstrate the political will criteria for NATO membership, which re- ‘‘SEC. 703. EFFECTIVE DATE. needed to build on successful ongoing pro- quire enhancement of NATO’s security and ‘‘This Act shall become effective two days grams such as the Warsaw Initiative and the the approval of all NATO members. after enactment.’’. Partnership for Peace by making available (20) The process of NATO enlargement en- the resources necessary to supplement ef- tails the agreement of the governments of all f forts prospective new members are them- NATO members in accordance with Article selves undertaking. 10 of the Washington Treaty. THE FOREIGN OPERATIONS, EX- (9) New members will be full members of SEC. ll03. UNITED STATES POLICY. PORT FINANCING, AND RELATED the Alliance, enjoying all rights and assum- It is the policy of the United States— PROGRAMS APPROPRIATIONS ing all the obligations under the Washington (1) to join with the NATO allies of the ACT, 1997 Treaty. United States to adapt the role of the NATO (10) Cooperative regional peacekeeping ini- Alliance in the post-Cold War world; tiatives involving emerging democracies in (2) to actively assist the emerging democ- BROWN (AND OTHERS) Central and Eastern Europe that have ex- racies in Central and Eastern Europe in their AMENDMENT NO. 5058 pressed interest in joining NATO, such as the transition so that such countries may even- Baltic Peacekeeping Battalion, the Polish- tually qualify for NATO membership; and Mr. BROWN (for himself), Mr. SIMON, Lithuanian Joint Peacekeeping Force, and (3) to work to define a constructive and co- Mr. ROTH, Mr. LIEBERMAN, Mr. HELMS, the Polish-Ukrainian Peacekeeping Force, operative political and security relationship Ms. MIKULSKI, Mr. MCCAIN, Mr. SPEC- can make an important contribution to Eu- between an enlarged NATO and the Russian TER, Mr. SANTORUM, Mr. MCCONNELL, ropean peace and security and international Federation. peacekeeping efforts, can assist those coun- Mr. GORTON, Mr. ABRAHAM, Mr. STE- SEC. ll04. SENSE OF THE CONGRESS REGARD- tries preparing to assume the responsibilities VENS, and Ms. MOSELEY-BRAUN) pro- ING FURTHER ENLARGEMENT OF of possible NATO membership, and accord- NATO. posed an amendment to the bill, H.R. ingly should receive appropriate support It is the sense of the Congress that in order 3540, supra; as follows: from the United States. to promote economic stability and security On page 198, between lines 17 and 18, insert (11) NATO remains the only multilateral in Slovakia, Estonia, Latvia, Lithuania, Ro- the following: security organization capable of conducting mania, Slovenia, Bulgaria, Albania, TITLE ll—NATO ENLARGEMENT effective military operations and preserving Moldova, and Ukraine— FACILITATION ACT OF 1996 security and stability of the Euro-Atlantic (1) the United States should continue and region. expand its support for the full and active ll SEC. 01. SHORT TITLE. (12) NATO is an important diplomatic participation of these countries in activities This title may be cited as the ‘‘NATO En- forum and has played a positive role in de- appropriate for qualifying for NATO mem- largement Facilitation Act of 1996’’. fusing tensions between members of the Alli- bership; SEC. ll02. FINDINGS. ance and, as a result, no military action has (2) the United States Government should The Congress makes the following findings: occurred between two Alliance member use all diplomatic means available to press (1) Since 1949, the North Atlantic Treaty states since the inception of NATO in 1949. the European Union to admit as soon as pos- Organization (NATO) has played an essential (13) The admission to NATO of emerging sible any country which qualifies for mem- role in guaranteeing the security, freedom, democracies in Central and Eastern Europe bership; and prosperity of the United States and its which are found to be in a position to further (3) the United States Government and the partners in the Alliance. the principles of the North Atlantic Treaty North Atlantic Treaty Organization should (2) The NATO Alliance is, and has been would contribute to international peace and continue and expand their support for mili- since its inception, purely defensive in char- enhance the security of the region. Countries tary exercises and peacekeeping initiatives acter, and it poses no threat to any nation. which have become democracies and estab- between and among these nations, nations of The enlargement of the NATO Alliance to in- lished market economies, which practice the North Atlantic Treaty Organization, and clude as full and equal members emerging good neighborly relations, and which have Russia; and July 25, 1996 CONGRESSIONAL RECORD — SENATE S8917

(4) the process of enlarging NATO to in- (c) RULE OF CONSTRUCTION.—Amounts au- ‘‘(B) is hostile to the NATO Alliance; or clude emerging democracies in Central and thorized to be appropriated under this sec- ‘‘(C) poses a national security threat to the Eastern Europe should not stop with the ad- tion are authorized to be appropriated in ad- United States, mission of Poland, Hungary, and the Czech dition to such amounts as otherwise may be then the President shall so certify to the ap- Republic as full members of the NATO Alli- available for such purposes. propriate congressional committees. ance. SEC. ll08. REGIONAL AIRSPACE INITIATIVE ‘‘(3) Nothing in this title affects the eligi- SEC. ll05. SENSE OF THE CONGRESS REGARD- AND PARTNERSHIP FOR PEACE IN- bility of countries to participate under other ING ESTONIA, LATVIA, AND LITHUA- FORMATION MANAGEMENT SYSTEM. provisions of law in programs described in NIA. (a) IN GENERAL.—Funds described in sub- this Act.’’. In view of the forcible incorporation of Es- section (b) are authorized to be made avail- SEC. ll12. AMENDMENTS TO THE NATO PAR- tonia, Latvia, Lithuania into the Soviet able to support the implementation of the TICIPATION ACT. Union in 1940 under the Molotov-Ribbentrop Regional Airspace Initiative and the Part- (a) CONFORMING AMENDMENT.—The NATO Pact and the refusal of the United States and nership for Peace Information Management Participation Act of 1994 (title II of Public other countries to recognize that incorpora- System, including— Law 103–447; 22 U.S.C. 1928 note) is amended tion for over 50 years, it is the sense of the (1) the procurement of items in support of in sections 203(a), 203(d)(1), and 203(d)(2) by Congress that— these programs; and striking ‘‘countries emerging from com- (1) Estonia, Latvia, and Lithuania have (2) the transfer of such items to countries munist domination’’ each place it appears valid historical security concerns that must participating in these programs, which may and inserting ‘‘emerging democracies in be taken into account by the United States; include Poland, Hungary, the Czech Repub- Central and Eastern Europe’’. and lic, Slovakia, Estonia, Latvia, Lithuania, (b) DEFINITIONS.—The NATO Participation (2) Estonia, Latvia, and Lithuania should Romania, Bulgaria, Moldova, Ukraine, Alba- Act of 1994 (title II of Public Law 103–446; 22 not be disadvantaged in seeking to join nia, and Slovenia. U.S.C. 1928 note) is amended by adding at the NATO by virtue of their forcible incorpora- (b) FUNDS DESCRIBED.—Funds described in end the following new section: tion into the Soviet Union. this subsection are funds that are available— ‘‘SEC. 206. DEFINITIONS. SEC. ll06. DESIGNATION OF COUNTRIES ELIGI- (1) during any fiscal year under the NATO ‘‘The term ‘emerging democracies in BLE FOR NATO ENLARGEMENT AS- Participation Act of 1994 with respect to Central and Eastern Europe’ includes, but is SISTANCE. countries eligible for assistance under that not limited to, Albania, Bulgaria, the Czech (a) IN GENERAL.—The following countries Act; or Republic, Estonia, Hungary, Latvia, Lithua- are designated as eligible to receive assist- (2) during fiscal year 1997 under any Act to nia, Moldova, Poland, Romania, Slovakia, ance under the program established under carry out the Warsaw Initiative. Slovenia, and Ukraine.’’. ll section 203(a) of the NATO Participation Act SEC. 09. EXCESS DEFENSE ARTICLES. SEC. ll13. DEFINITIONS. of 1994 and shall be deemed to have been so (a) PRIORITY DELIVERY.—Notwithstanding As used in this title: designated pursuant to section 203(d) of such any other provision of law, the provision and (1) EMERGING DEMOCRACIES IN CENTRAL AND Act: Poland, Hungary, and the Czech Repub- delivery of excess defense articles under the EASTERN EUROPE.—The term ‘‘emerging de- lic. authority of section 203(c) (1) and (2) of the mocracies in Central and Eastern Europe’’ (b) DESIGNATION OF OTHER COUNTRIES.—The NATO Participation Act of 1994 and section includes, but is not limited to, Albania, Bul- President shall designate other emerging de- 516 of the Foreign Assistance Act of 1961 garia, the Czech Republic, Estonia, Hungary, mocracies in Central and Eastern Europe as shall be given priority to the maximum ex- Latvia, Lithuania, Moldova, Poland, Roma- eligible to receive assistance under the pro- tent feasible over the provision and delivery nia, Slovakia, Slovenia, and Ukraine. gram established under section 203(a) of such of such excess defense articles to all other (2) NATO.—The term ‘‘NATO’’ means the Act if such countries— countries except those countries referred to North Atlantic Treaty Organization. (1) have expressed a clear desire to join in section 541 of the Foreign Operations, Ex- NATO; port Financing, and Related Programs Ap- (2) have begun an individualized dialogue propriations Act, 1995 (Public Law 103–306; INOUYE AMENDMENT NO. 5059 with NATO in preparation for accession; 108 Stat. 1640). Mr. MCCONNELL (for Mr. INOUYE) (3) are strategically significant to an effec- (b) COOPERATIVE REGIONAL PEACEKEEPING proposed an amendment to the bill, tive NATO defense; and INITIATIVES.—The Congress encourages the H.R. 3540, supra; as follows: (4) meet the other criteria outlined in sec- President to provide excess defense articles On page 198, between lines 17 and 18, insert tion 203(d) of the NATO Participation Act of and other appropriate assistance to coopera- the following: 1994 (title II of Public Law 103–447; 22 U.S.C. tive regional peacekeeping initiatives in- 1928 note). volving emerging democracies in Central and SENSE OF CONGRESS REGARDING EXPANSION OF (c) RULE OF CONSTRUCTION.—Subsection (a) Eastern Europe that have expressed an inter- ELIGIBILITY FOR HOLOCAUST SURVIVOR COM- does not preclude the designation by the est in joining NATO in order to enhance PENSATION BY THE GOVERNMENT OF GERMANY President of Estonia, Latvia, Lithuania, Ro- their ability to contribute to European peace SEC. ll. (a) FINDINGS.—The Congress mania, Slovenia, Slovakia, Bulgaria, Alba- and security and international peacekeeping makes the following findings: nia, Moldova, Ukraine, or any other emerg- efforts. (1) After nearly half a century, tens of ing democracy in Central and Eastern Eu- SEC. ll10. MODERNIZATION OF DEFENSE CAPA- thousands of Holocaust survivors continue to rope pursuant to section 203(d) of the NATO BILITY. be denied justice and compensation by the Participation Act of 1994 as eligible to re- The Congress endorses efforts by the Unit- Government of Germany. ceive assistance under the program estab- ed States to modernize the defense capabil- (2) These people who suffered grievously at lished under section 203(a) of such Act. ity of Poland, Hungary, the Czech Republic, the hands of the Nazis are now victims of un- SEC. ll07. AUTHORIZATION OF APPROPRIA- and any other countries designated by the reasonable and arbitrary rules which keep TIONS FOR NATO ENLARGEMENT AS- President pursuant to section 203(d) of the them outside the framework of the various SISTANCE. NATO Participation Act of 1994, by exploring compensation programs. (a) IN GENERAL.—There are authorized to with such countries options for the sale or (3) Compensation for these victims has be appropriated $60,000,000 for fiscal year 1997 lease to such countries of weapons systems been non-existent or, at best, woefully inad- for the program established under section compatible with those used by NATO mem- equate. 203(a) of the NATO Participation Act of 1994. bers, including air defense systems, advanced (4) The time has come to right this terrible (b) AVAILABILITY.—Of the funds authorized fighter aircraft, and telecommunications in- wrong. to be appropriated by subsection (a)— frastructure. (b) SENSE OF CONGRESS.—The Congress (1) not less than $20,000,000 shall be avail- SEC. ll11. TERMINATION OF ELIGIBILITY. calls upon the Government of Germany to able for the subsidy cost, as defined in sec- Section 203(f) of the NATO Participation negotiate in good faith with the Conference tion 502(5) of the Credit Reform Act of 1990, Act of 1994 (title II of Public Law 103–447; 22 on Jewish Material Claims Against Germany of direct loans pursuant to the authority of U.S.C. 1928 note) is amended to read as fol- to broaden the categories of those eligible section 203(c)(4) of the NATO Participation lows: for compensation so that the injustice of un- Act of 1994 (relating to the ‘‘Foreign Military ‘‘(f) TERMINATION OF ELIGIBILITY.—(1) The compensated Holocaust survivors may be Financing Program’’); eligibility of a country designated under sub- corrected before it is too late. (2) not less than $30,000,000 shall be avail- section (d) for the program established in On page 117, line 14, before the period in- able for assistance on a grant basis pursuant subsection (a) shall terminate 30 days after sert the following: ‘‘: Provided further, That to the authority of section 203(c)(4) of the the President makes a certification under of the funds appropriated under this heading NATO Participation Act of 1994 (relating to paragraph (2) unless, within the 30-day pe- $25,000,000 shall be available for the legal re- the ‘‘Foreign Military Financing Program’’); riod, the Congress enacts a joint resolution structuring necessary to support a decentral- and disapproving the termination of eligibility. ized market-oriented economic system, in- (3) not more than $10,000,000 shall be avail- ‘‘(2) Whenever the President determines cluding enactment of necessary substantive able for assistance pursuant to the authority that the government of a country designated commercial law, implementation of reforms of section 203(c)(3) of the NATO Participa- under subsection (d)— necessary to establish an independent judici- tion Act of 1994 (relating to international ‘‘(A) no longer meets the criteria set forth ary and bar, legal education for judges, at- military education and training). in subsection (d)(2)(A); torneys, and law students, and education of S8918 CONGRESSIONAL RECORD — SENATE July 25, 1996 the public designed to promote understand- taking of United Nations peacekeepers as (d) It is further the sense of the Senate ing of a law-based economy’’. hostages and for their use as human shields; that states in the former Yugoslavia should On November 16, 1995, Karadzic and Mladic not be admitted to international organiza- KYL AMENDMENT NO. 5060 were indicted a second time by the Inter- tions and fora until and unless they have national Criminal Tribunal, charged with complied with their obligations under the Mr. MCCONNELL (for Mr. KYL) pro- genocide for the killing of up to 6,000 Mus- Peace Agreement and United Nations Secu- posed an amendment to the bill, H.R. lims in Srebrenica, Bosnia, in July 1995; rity Council Resolutions to cooperate fully 3540, supra; as follows: The United Nations Security Council, in with the International Criminal Tribunal. adopting Resolution 1022 on November 22, SEC. 2. The Secretary of the Senate shall On page 117, line 14, before the period in- 1995, decided that economic sanctions on the sert the following: ‘‘: Provided further, That transmit a copy of this resolution to the Federal Republic of Yugoslavia (Scrbia and President of the United States. of the funds appropriated under this heading Montenegro) and the so-called Republika $25,000,000 shall be available for the legal re- Srpska would be reimposed if, at any time, structuring necessary to support a decentral- the High Representative or the IFOR com- PRESSLER (AND D’AMATO) ized market-oriented economic system, in- mander informs the Security Council that AMENDMENTS NOS. 5062–5063 cluding enactment of necessary substantive the Federal Republic of Yugoslavia or the Mr. MCCONNELL (for Mr. PRESSLER, commercial law, implementation of reforms Bosnian Serb authorities are failing signifi- necessary to establish an independent judici- cantly to meet their obligations under the for himself and Mr. D’AMATO) proposed ary and bar, legal education for judges, at- Peace Agreement; two amendments to the bill, H.R. 3540, torneys, and law students, and education of The so-called Republika Srpska and the supra; as follows: the public designed to promote understand- Federal Republic of Yugoslavia (Serbia and AMENDMENT NO. 5062 ing of a law-based economy’’. Montenegro) have failed to arrest and turn On page 198, between lines 17 and 18, insert over for prosecution indicted war criminals, the following: LIEBERMAN (AND OTHERS) including Karadzic and Mladic; SENSE OF SENATE ON DELIVERY BY CHINA OF AMENDMENT NO. 5061 Efforts to politically isolate Karadzic and Mladic have failed thus far and would in any CRUISE MISSILES TO IRAN Mr. MCCONNELL (for Mr. LIEBERMAN, case be insufficient to comply with the SEC. 580. (a) FINDINGS.—The Senate makes for himself, Mr. LUGAR, Mr. BIDEN, Mr. Peace Agreement and bring peace with jus- the following findings: SPECTER, Mrs. FEINSTEIN, Mr. MOY- tice to Bosnia and Herzegovina; (1) On February 22, 1996, the Director of The International Criminal Tribunal is- NIHAN, Mr. HATCH, Mr. LEVIN, and Mr. Central Intelligence informed the Senate sued International warrants for the arrest of that the Government of the People’s Repub- D’AMATO) proposed an amendment to Karadzic and Mladic on July 11, 1996. lic of China had delivered cruise missiles to the bill, H.R. 3540, supra; as follows: In the so-called Republika Srpska freedom Iran. At the appropriate place, insert: of the press and freedom of assembly are se- (2) On June 19, 1996, the Under Secretary of Findings. The United Nations, recognizing verely limited and violence against ethnic State for Arms Control and International Se- the need for justice in the former Yugo- and religious minorities and opposition fig- curity Affairs informed Congress that the slavia, established the International Crimi- ures is on the rise; Department of State had evidence of Chi- It will be difficult for national elections in nal Tribunal for the former Yugoslavia nese-produced cruise missiles in Iran. Bosnia and Herzegovina to take place mean- (hereafter in this resolution referred to as (3) On at least three occasions in 1996, in- ingfully so long as key was criminals, includ- the ‘‘International Criminal Tribunal’’); cluding July 15, 1996, the Commander of the ing Karadzic and Mladic, remain at large and United Nations Security Council Resolu- United States Fifth Fleet has pointed to the able to influence political and military de- tion 827 of May 25, 1993 requires states to co- threat posed by Chinese-produced cruise mis- operate fully with the International Crimi- velopments; On June 6, 1996, the President of the Inter- siles to the 15,000 United States sailors and nal Tribunal; national Criminal Tribunal, declaring that marines stationed in the Persian Gulf region. The parties to the General Framework the Federal Republic of Yugoslavia’s failure (4) Section 1605 of the Iran-Iraq Arms Non- Agreement for Peace in Bosnia and to extradite indicted war criminals is a bla- Proliferation Act of 1992 (title XVI of Public Herzegovina and associated Annexes (in this tant violation of the Peace Agreement and of Law 102–484; 50 U.S.C. 1701 note) both re- resolution referred to as the ‘‘Peace Agree- United Nations Security Council Resolu- quires and authorizes the President to im- ment’’) negotiated in Dayton, Ohio and tions, called on the High Representative to pose sanctions against any foreign govern- signed in Paris, France, on December 14, reimpose economic sanctions on the so- ment that delivers cruise missiles to Iran. 1995, accepted, in Article IX, the obligation called Republika Srpska and on the Federal (b) SENSE OF SENATE.—It is the sense of the ‘‘to cooperate in the investigation and pros- Republic of Yugoslavia (Serbia and Senate that— ecution of war crimes and other violations of Montenegro); and (1) the Government of the People’s Repub- international humanitarian law’’; The apprehension and prosecution of in- lic of China should immediately halt the de- The Constitution of Bosnia and dicted war criminals is essential for peace livery of cruise missiles and other advanced Herzegovina, agreed to as Annex 4 of the and reconciliation to be achieved and democ- conventional weapons to Iran; and Peace Agreement, provides, in Article IX, racy to be established throughout Bosnia (2) the President should enforce all appro- that ‘‘No person who is serving a sentence and Herzegovina. priate United States laws with respect to the imposed by the International Tribunal for It is the sense of the Senate finds that the delivery by that government of cruise mis- the former Yugoslavia, and no person who is International Criminal Tribunal for the siles to Iran. under indictment by the Tribunal and who former Yugoslavia merits continued and in- has failed to comply with an order to appear creased United States support for its efforts AMENDMENT NO. 5063 before the Tribunal, may stand as a can- to investigate and bring to justice the per- On page 198, between lines 17 and 18, insert didate or hold any appointive, elective, or petrators of gross violations of international the following: other public office in Bosnia and law in the former Yugoslavia. Herzegovina’’; (b) It is the sense of the Senate that the SENSE OF SENATE ON DELIVERY BY CHINA OF The International Criminal Tribunal has President of the United States should sup- BALLISTIC MISSILE TECHNOLOGY TO SYRIA issued 57 indictments against individuals port the request of the President of the SEC. 580. (a) FINDINGS.—The Senate makes from all parties to the conflicts in the International Criminal Tribunal for the the following findings: former Yugoslavia; former Yugoslavia for the High Representa- (1) Credible information exists indicating The International Criminal Tribunal con- tive to reimpose full economic sanctions on that defense industrial trading companies of tinues to investigate gross violations of the Federal Republic of Yugoslavia (Serbia the People’s Republic of China may have international law in the former Yugoslavia and Montenegro) and the so-called Republika transferred ballistic missile technology to with a view to further indictments against Srpska, in accordance with United Nations Syria. the perpetrators; Security Council Resolution 1022 (1995), until (2) On October 4, 1994, the Government of On July 25, 1995, the International Crimi- the Federal Republic of Yugoslavia (Serbia the People’s Republic of China entered into a nal Tribunal issued an indictment for and Montenegro) and Bosnian Serb authori- written agreement with the United States Radovan Karadzic, president of the Bosnian ties have complied with their obligations pledging not to export missiles or related Serb administration of Pale, and Ratko under the Peace Agreement and United Na- technology that would violate the Missile Mladic, commander of the Bosnian Serb ad- tions Security Council Resolutions to co- Technology Control Regime (MTCR). ministration and charged them with geno- operate fully with the International Crimi- (3) Section 73(f) of the Arms Export Con- cide and crimes against humanity, violations nal Tribunal. trol Act (22 U.S.C. 2797(f)) states that, when of the law or customs of war, and grave (c) It is further the sense of the Senate determining whether a foreign person may breaches of the Geneva Conventions of 1949, that the NATO-led Implementation Force be subject to United States sanctions for arising from atrocities perpetrated against (IFOR), in carrying out its mandate, should transferring technology listed on the MTCR the civilian population throughout Bosnia- make it an urgent priority to detain and Annex, it should be a rebuttable presumption Herzegovina, for the sniping campaign bring to justice persons indicted by the that such technology is designed for use in a against civilians in Sarajevo, and for the International Criminal Tribunal. missile listed on the MTCR Annex if the July 25, 1996 CONGRESSIONAL RECORD — SENATE S8919 President determines that the final destina- the Secretary of State, in consultation with of Government in either its sovereign or con- tion of the technology is a country the gov- the Secretary of Defense, shall provide a re- tractual capacity, fires, floods, epidemics, ernment of which the Secretary of State has port in a classified or unclassified form to quarantine restrictions, strikes, freight em- determined, for purposes of section 6(j)(1)(A) the Committee on Appropriations including bargoes and unusually severe weather—cause of the Export Administration Act of 1979 (50 the following information: delay in scheduled delivery, acceptance or U.S.C. App. 2405(j)(1)(A)), has repeatedly pro- (a) a best estimate on fuel used by the transport of spent nuclear fuel and/or high- vided support for acts of international ter- military forces of the Democratic People’s level radioactive waste, the party experienc- rorism. Republic of Korea (DPRK); ing the delay will notify the other party as (4) The Secretary of State has determined (b) the deployment position and military soon as possible after such delay is under the terms of section 6(j)(1)(A) of the training and activities of the DPRK forces ascertained and the parties will readjust Export Administration Act of 1979 that Syria and best estimate of the associated costs of their schedules, as appropriate, to accommo- has repeatedly provided support for acts of these activities; date such delay. international terrorism. (c) steps taken to reduce the DPRK level of ‘‘(b) AVOIDABLE DELAYS BY CONTRACT (5) In 1994 Congress explicitly enacted sec- forces; and HOLDER OR DEPARTMENT.—Notwithstanding tion 73(f) of the Arms Export Control Act in (d) cooperation, training, or exchanges of any other provision of this Act, in the event order to target the transfer of ballistic mis- information, technology or personnel be- of any delay in the delivery acceptance or sile technology to terrorist nations. tween the DPRK and any other nation sup- transport of spent nuclear fuel and/or high- (6) The presence of ballistic missiles in porting the development or deployment of a level nuclear waste to or by the Department Syria would pose a threat to United States ballistic missile capability. under contracts executed under Section armed forces and to regional peace and sta- f 302(a) of the Nuclear Waste Policy Act of 1982 bility in the Middle East. caused by circumstances within the reason- (b) SENSE OF SENATE.—It is the sense of the THE NUCLEAR WASTE POLICY ACT able control of either the contract holder or Senate that— OF 1996 the Department or their respective contrac- (1) it is in the national security interests tors or suppliers, the charges and schedules of the United States and the State of Israel specified by this contract will be equitably to prevent the spread of ballistic missiles BRYAN AMENDMENTS NOS. 5066– adjusted to reflect any estimated additional and related technology to Syria; 5077 costs incurred by the party not responsible (2) the Government of the People’s Repub- for or contributing to the delay. lic of China should continue to honor its Mr. BRYAN proposed 12 amendments ‘‘(c) REMEDY.—Notwithstanding any other agreement with the United States not to ex- to the bill S. 1936, supra; as follows: provision of this Act, the provision of sub- port missiles or related technology that AMENDMENT NO. 5066 sections (a) and (b) of this Section shall con- would violate the Missile Technology Con- stitute the only remedy available to con- trol Regime; and At the appropriate place in the bill, insert the following new section: tract holders or the Department for failure (3) the President should exercise all legal to perform under a contract executed under authority available to the President to pre- ‘‘SEC. . COMPLIANCE WITH NATIONAL ENVIRON- MENTAL POLICY ACT. Section 302(a) of the Nuclear Waste Policy vent the spread of ballistic missiles and re- Act of 1982. lated technology to Syria. ‘‘(a) NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.—Notwithstanding any other provi- AMENDMENT NO. 5068 MCCAIN AMENDMENT NO. 5064 sion of this Act, the Secretary shall comply with all requirements of the National Envi- At the appropriate place in the bill, insert Mr. MCCONNELL (for Mr. MCCAIN) the following new provisions: proposed an amendment to the bill, ronmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘SEC. . COMPLIANCE WITH OTHER LAWS. H.R. 3540, supra; as follows: et seq.) in developing and implementing the integrated management system. ‘‘Notwithstanding any other provision of At the appropriate place, insert the follow- ‘‘(b) JUDICIAL REVIEW.—Notwithstanding this Act, the Secretary shall comply with all ing: any other provision of this Act, any agency Federal laws and regulations in developing REFUGEE STATUS FOR ADULT CHILDREN OF action relating to the development or imple- and implementing the integrated manage- FORMER VIETNAMESE REEDUCATION CAMP IN- mentation of the integrated management ment system. TERNEES RESETTLED UNDER THE ORDERLY system shall be subject to judicial review. ‘‘SEC. . CONTRACT DELAYS. DEPARTURE PROGRAM ‘‘(a) UNAVOIDABLE DELAYS BY CONTRACT SEC. . (a) ELIGIBILITY FOR ORDERLY DE- AMENDMENT NO. 5067 HOLDER OR DEPARTMENT.—Notwithstanding PARTURE PROGRAM.—For purposes of eligi- At the appropriate place in the bill, insert any other provision of this Act, neither the bility for the Orderly Departure Program for the following new provisions: Department nor the contract holder shall be nationals of Vietnam, an alien described in liable under a contract executed under Sec- ‘‘SEC. . COMPLIANCE WITH OTHER LAWS. subsection (b) shall be considered to be a ref- tion 302(a) of the Nuclear Waste Policy Act ‘‘Notwithstanding any other provision of ugee of special humanitarian concern to the of 1982 for damages caused by failure to per- this Act, the Secretary shall comply with all United States within the meaning of section form its obligations thereunder, if such fail- Federal laws and regulations in developing 207 of the Immigration and Nationality Act ure arises out of causes beyond the control and implementing the integrated manage- (8 U.S.C. 1157) and shall be admitted to the and without the fault of negligence of the ment system. United States for resettlement if the alien party failing to perform. In the event cir- would be admissible as an immigrant under ‘‘SEC. . COMPLIANCE WITH NATIONAL ENVIRON- cumstances beyond the reasonable control of the Immigration and Nationality Act (except MENTAL POLICY ACT. the contract holder or the Department—such as provided in section 207(c)(3) of that Act). ‘‘(a) NATIONAL ENVIRONMENTAL POLICY ACT as acts of God, or of the public enemy, acts (b) ALIENS COVERED.—An alien described in OF 1969.—Notwithstanding any other provi- of Government in either its sovereign or con- this subsection is an alien who— sion of this Act, the Secretary shall comply tractual capacity, fires, floods, epidemics, (1) is the son or daughter of a national of with all requirements of the National Envi- quarantine restrictions, strikes, freight em- Vietnam who— ronmental Policy Act of 1969 (42 U.S.C. 4321 bargoes and unusually severe weather—cause (A) was formerly interned in a reeducation et seq.) in developing and implementing the delay in scheduled delivery, acceptance or camp in Vietnam by the Government of the integrated management system. transport of spent nuclear fuel and/or high- Socialist Republic of Vietnam; and ‘‘(b) JUDICIAL REVIEW.—Notwithstanding level radioactive waste, the party experienc- (B) has been accepted for resettlement as a any other provision of this Act, any agency ing the delay will notify the other party as refugee under the Orderly Departure Pro- action relating to the development or imple- soon as possible after such delay is gram on or after April 1, 1995; mentation of the integrated management ascertained and the parties will readjust (2) is 21 years of age or older; and system shall be subject to judicial review. their schedules, as appropriate, to accommo- (3) was unmarried as of the date of accept- ‘‘SEC. . CONTRACT DELAYS. date such delay. ance of the alien’s parent for resettlement ‘‘(a) UNAVOIDABLE DELAYS BY CONTRACT ‘‘(b) AVOIDABLE DELAYS BY CONTRACT under the Orderly Departure Program. HOLDER OR DEPARTMENT.—Notwithstanding HOLDER OR DEPARTMENT.—Notwithstanding (c) SUPERSEDES EXISTING LAW.—This sec- any other provision of this Act, neither the any other provision of this Act, in the event tion supersedes any other provision of law. Department nor the contract holder shall be of any delay in the delivery, acceptance or liable under a contract executed under Sec- transport of spent nuclear fuel and/or high- McCONNELL AMENDMENT NO. 5065 tion 302(a) of the Nuclear Waste Policy Act level nuclear waste to or by the Department of 1982 for damages caused by failure to per- under contracts executed under Section Mr. MCCONNELL proposed an form its obligations thereunder, if such fail- 302(a) of the Nuclear Waste Policy Act of 1982 amendment to the bill, H.R. 3540, ure arises out of causes beyond the control caused by circumstances within the reason- supra; as follows: and without the fault or negligence of the able control of either the contract holder or At the appropriate place in the bill insert party failing to perform. In the event cir- the Department or their respective contrac- the following, cumstances beyond the reasonable control of tors or suppliers, the charges and schedules SEC. . 90 days after the date of enactment the contract holder or the Department—such specified by this contract will be equitably of this Act, and every 180 days thereafter, as acts of God, or of the public enemy, acts adjusted to reflect any estimated additional S8920 CONGRESSIONAL RECORD — SENATE July 25, 1996 costs incurred by the party not responsible Federal, State, and local laws and regula- of any delay in the delivery, acceptance or for or contributing to the delay. tions in developing and implementing the in- transport of spent nuclear fuel and/or high- ‘‘‘(c) REMEDY.—Notwithstanding any other tegrated management system. level nuclear waste to or by the Department provision of this Act, the provisions of sub- under contracts executed under Section sections (a) and (b) of this Section shall con- AMENDMENT NO. 5072 302(a) of the Nuclear Waste Policy Act of 1982 stitute the only remedy available to con- At the appropriate place in the bill, insert caused by circumstances within the reason- tract holders or the Department for failure the following new provisions: able control of either the contract holder or to perform under a contract executed under ‘‘SEC. . COMPLIANCE WITH OTHER LAWS. the Department or their respective contrac- Section 302(a) of the Nuclear Waste Policy ‘‘Notwithstanding any other provision of tors or suppliers, the charges and schedules Act of 1982. this Act, the Secretary shall comply with all specified by this contract will be equitably AMENDMENT NO. 5069 Federal, State, and local laws and regula- adjusted to reflect any estimated additional At the appropriate place in the bill, insert tions in developing and implementing the in- costs incurred by the party not responsible the following new provisions: tegrated management system. for or contributing to the delay. ‘‘SEC. . COMPLIANCE WITH OTHER LAWS. ‘‘SEC. . COMPLIANCE WITH NATIONAL ENVIRON- AMENDMENT NO. 5075 ‘‘Notwithstanding any other provision of MENTAL POLICY ACT. this Act, the Secretary shall comply with all ‘‘(a) NATIONAL ENVIRONMENTAL POLICY ACT At the appropriate place in the bill, insert Federal, State, and local laws and regula- OF 1969.—Notwithstanding any other provi- the following new section: tions in developing and implementing the in- sion of this Act, the Secretary shall comply ‘‘SEC. . CONTRACT DELAYS. tegrated management system. with all requirements of the National Envi- ‘‘(a) UNAVOIDABLE DELAYS BY CONTRACT ‘‘SEC. . CONTRACT DELAYS. ronmental Policy Act of 1969 (42 U.S.C. 4321 HOLDER OR DEPARTMENT.—Notwithstanding ‘‘(a) UNAVOIDABLE DELAYS BY CONTRACT et seq.) in developing and implementing the any other provision of this Act, neither the HOLDER OR DEPARTMENT.—Notwithstanding integrated management system. Department nor other provision of this Act, any other provision of this Act, neither the ‘‘(b) JUDICIAL REVIEW.—Notwithstanding neither the Department nor the contract Department nor the contract holder shall be any other provision of this Act, any agency holder shall be liable under a contract exe- liable under a contract executed under Sec- action relating to the development or imple- cuted under Section 302(a) of the Nuclear tion 302(a) of the Nuclear Waste Policy Act mentation of the integrated management Waste Policy Act of 1982 for damages caused of 1982 for damages caused by failure to per- system shall be subject to judicial review. by failure to perform its obligations there- form its obligations thereunder, if such fail- under, if such failure arises out of causes be- ure arises out of causes beyond the control AMENDMENT NO. 5073 yond the control and without the fault or and without the fault of negligence of the At the appropriate place in the bill, insert negligence of the party failing to perform. In party failing to perform. In the event cir- the following new provisions: the event circumstances beyond the reason- cumstances beyond the reasonable control of able control of the contract holder or the De- ‘‘SEC. . COMPLIANCE WITH OTHER LAWS. the contract holder or the Department—such partment—such as acts of God, or of the pub- ‘‘Notwithstanding any other provision of as acts of God, or of the public enemy, acts lic enemy, acts of Government in either its this Act, the Secretary shall comply with all of Government in either its sovereign or con- sovereign or contractual capacity, fires, Federal laws and regulations in developing tractual capacity, fires, floods, epidemics, floods, epidemics, quarantine restrictions, and implementing the integrated manage- quarantine restrictions, strikes, freight em- strikes, freight embargoes and unusually se- ment system. bargoes and unusually severe weather—cause vere weather—cause delay in scheduled de- delay in scheduled delivery, acceptance or ‘‘SEC. . COMPLIANCE WITH NATIONAL ENVIRON- livery, acceptance or transport of spent nu- MENTAL POLICY ACT. transport of spent nuclear fuel and/or high- clear fuel and/or high-level radioactive level radioactive waste, the party experienc- ‘‘(a) NATIONAL ENVIRONMENTAL POLICY ACT waste, the party experiencing the delay will ing the delay will notify the other party as OF 1969.—Notwithstanding any other provi- notify the other party as soon as possible soon as possible after such delay is sion of this Act, the Secretary shall comply after such delay is ascertained and the par- ascertained and the parties will readjust with all requirements of the National Envi- ties will readjust their schedules, as appro- their schedules, as appropriate, to accommo- ronmental Policy Act of 1969 (42 U.S.C. 4321 priate, to accommodate such delay. date such delay. et seq.) in developing and implementing the ‘‘(b) AVOIDABLE DELAYS BY CONTRACT ‘‘(b) AVOIDABLE DELAYS BY CONTRACT integrated management system. HOLDER OR DEPARTMENT.—Notwithstanding HOLDER OR DEPARTMENT.—Notwithstanding ‘‘(b) JUDICIAL REVIEW.—Notwithstanding any other provision of this Act, in the event any other provision of this Act, in the event any other provision of this Act, any agency of any delay in the delivery, acceptance or of any delay in the delivery, acceptance or action relating to the development or imple- transport of spent nuclear fuel and/or high- transport of spent nuclear fuel and/or high- mentation of the integrated management level nuclear waste to or by the Department level nuclear waste to or by the Department system shall be subject to judicial review. under contracts executed under Section under contracts executed under Section 302(a) of the Nuclear Waste Policy Act of 1982 302(a) of the Nuclear Waste Policy Act of 1982 AMENDMENT NO. 5074 caused by circumstances within the reason- caused by circumstances within the reason- At the appropriate place in the bill, insert able control of either the contract holder or able control of either the contract holder or the following new section: the Department or their respective contrac- the Department or their respective contrac- ‘‘SEC. . CONTRACT DELAYS. tors or suppliers, the charges and schedules tors or suppliers, the charges and schedules ‘‘(a) UNAVOIDABLE DELAYS BY CONTRACT specified by this contract will be equitably specified by this contract will be equitably HOLDER OR DEPARTMENT.—Notwithstanding adjusted to reflect any estimated additional adjusted to reflect any estimated additional any other provision of this Act, neither the costs incurred by the party not responsible costs incurred by the party not responsible Department nor other provision of this Act, for or contributing to the delay. for or contributing to the delay. neither the Department nor the contract ‘‘(c) REMEDY.—Notwithstanding any other ‘‘(c) REMEDY.—Notwithstanding any other holder shall be liable under a contract exe- provision of this Act, the provisions of sub- provision of this Act, the provisions of sub- cuted under Section 302(a) of the Nuclear sections (a) and (b) of this Section shall con- sections (a) and (b) of this Section shall con- Waste Policy Act of 1982 for damages caused stitute the only remedy available to con- stitute the only remedy available to con- by failure to perform its obligations there- tract holders or the Department for failure tract holders or the Department for failure under, if such failure arises out of causes be- to perform under a contract executed under to perform under a contract executed under yond the control and without the fault or Section 302(a) of the Nuclear Waste Policy Section 302(a) of the Nuclear Waste Policy negligence of the party failing to perform. In Act of 1982. Act of 1982. the event circumstances beyond the reason- able control of the contract holder or the De- AMENDMENT NO. 5076 AMENDMENT NO. 5070 partment—such as acts of God, or of the pub- At the appropriate place in the bill, insert At the appropriate place in the bill, insert lic enemy, acts of Government in either its the following new provisions: the following new section: sovereign or contractual capacity, fires, ‘‘SEC. . COMPLIANCE WITH NATIONAL ENVIRON- ‘‘SEC. . COMPLIANCE WITH OTHER LAWS. floods, epidemics, quarantine restrictions, MENTAL POLICY ACT. ‘‘Notwithstanding any other provision of strikes, freight embargoes and unusually se- ‘‘(a) NATIONAL ENVIRONMENTAL POLICY ACT this Act, the Secretary shall comply with all vere weather—cause delay in scheduled de- OF 1969.—Notwithstanding any other provi- Federal laws and regulations in developing livery, acceptance or transport of spent nu- sion of this Act, the Secretary shall comply and implementing the integrated manage- clear fuel and/or high-level radioactive with all requirements of the National Envi- ment system. waste, the party experiencing the delay will ronmental Policy Act of 1969 (42 U.S.C. 4321 notify the other party as soon as possible et seq.) in developing and implementing the AMENDMENT NO. 5071 after such delay is ascertained and the par- integrated management system. At the appropriate place in the bill, insert ties will readjust their schedules, as appro- ‘‘(b) JUDICIAL REVIEW.—Notwithstanding the following new section: priate, to accommodate such delay. any other provision of this Act, any agency ‘‘SEC. . COMPLIANCE WITH OTHER LAWS. ‘‘(b) AVOIDABLE DELAYS BY CONTRACT action relating to the development or imple- ‘‘Notwithstanding any other provision of HOLDER OR DEPARTMENT.—Notwithstanding mentation of the integrated management this Act, the Secretary shall comply with all any other provision of this Act, in the event system shall be subject to judicial review. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8921 ‘‘SEC. . CONTRACT DELAYS. cumstances beyond the reasonable control of seq.) is amended by adding at the end the fol- ‘‘(a) UNAVOIDABLE DELAYS BY CONTRACT the contract holder or the Department—such lowing: HOLDER OR DEPARTMENT.—Notwithstanding as acts of God, or of the public enemy, acts ‘‘SEC. 668. DEOBLIGATION OF CERTAIN UNEX- any other provision of this Act, neither the of Government in either its sovereign or con- PENDED ECONOMIC ASSISTANCE Department nor the contract holder shall be tractual capacity, fires, floods, epidemics, FUNDS. liable under a contract executed under Sec- quarantine restrictions, strikes, freight em- ‘‘(a) REQUIREMENT TO DEOBLIGATE.— tion 302(a) of the Nuclear Waste Policy Act bargoes and unusually severe weather—cause ‘‘(1) IN GENERAL.—Except as provided in of 1982 for damages caused by failure to per- delay in scheduled delivery, acceptance or subsection (b) of this section and in para- form its obligations thereunder, if such fail- transport of spent nuclear fuel and/or high- graphs (1) and (3) of section 617(a) of this Act, ure arises out of causes beyond the control level radioactive waste, the party experienc- at the beginning of each fiscal year the and without the fault or negligence of the ing the delay will notify the other party as President shall deobligate and return to the party failing to perform. In the event cir- soon as possible after such delay is Treasury any funds described in paragraph cumstances beyond the reasonable control of ascertained and the parties will readjust (2) that, as of the end of the preceding fiscal the contract holder or the Department—such their schedules, as appropriate, to accommo- year, have been obligated for a project or ac- as acts of God, or of the public enemy, acts date such delay. tivity for a period of more than 2 years but of Government in either its sovereign or con- ‘‘(b) AVOIDABLE DELAYS BY CONTRACT have not been expended. tractual capacity, fires, floods, epidemics, HOLDER OR DEPARTMENT.—Notwithstanding ‘‘(2) FUNDS.—Paragraph (1) applies to funds quarantine restrictions, strikes, freight em- any other provision of this Act, in the event made available for— bargoes and unusually severe weather—cause of any delay in the delivery, acceptance or ‘‘(A) assistance under chapter 1 of part I of delay in scheduled delivery, acceptance or transport of spent nuclear fuel and/or high- this Act (relating to development assist- transport of spent nuclear fuel and/or high- level nuclear waste to or by the Department ance), chapter 10 of part I of this Act (relat- level radioactive waste, the party experienc- under contracts executed under Section ing to the Development Fund for Africa), or ing the delay will notify the other party as 302(a) of the Nuclear Waste Policy Act of 1982 chapter 4 of part II of this Act (relating to soon as possible after such delay is caused by circumstances within the reason- the economic support fund); ascertained and the parties will readjust able control of either the contract holder or ‘‘(B) assistance under the Support for East their schedules, as appropriate, to accommo- the Department or their respective contrac- European Democracy (SEED) Act of 1989; and date such delay. tors or suppliers, the charges and schedules ‘‘(C) economic assistance for the independ- ‘‘(b) AVOIDABLE DELAYS BY CONTRACT specified by this contract will be equitably ent states of the former Soviet Union under HOLDER OR DEPARTMENT.—Notwithstanding adjusted to reflect any estimated additional chapter 11 of part I of this Act or under any any other provision of this Act, in the event costs incurred by the party not responsible other provision of law authorizing economic of any delay in the delivery, acceptance or for or contributing to the delay. assistance for such independent states. transport of spent nuclear fuel and/or high- ‘‘(c) REMEDY.—Notwithstanding any other ‘‘(b) EXCEPTIONS.—The President, on a level nuclear waste to or by the Department provision of this Act, the provisions of sub- case-by-case basis, may waive the require- under contracts executed under Section sections (a) and (b) of this Section shall con- ment of subsection (a)(1) if the President de- 302(a) of the Nuclear Waste Policy Act of 1982 stitute the only remedy available to con- termines and reports to the Congress that it caused by circumstances within the reason- tract holders or the Department for failure is in the national interest to do so. able control of either the contract holder or to perform under a contract executed under the Department or their respective contrac- Section 302(a) of the Nuclear Waste Policy ‘‘(c) APPROPRIATE CONGRESSIONAL COMMIT- tors or suppliers, the charges and schedules Act of 1982. TEES.—As used in this section, the term ‘ap- specified by this contract will be equitably propriate congressional committees’ means adjusted to reflect any estimated additional the Committee on International Relations LIEBERMAN (AND OTHERS) and the Committee on Appropriations of the costs incurred by the party not responsible AMENDMENT NO. 5078 for or contributing to the delay. House of Representatives and the Committee on Foreign Relations and the Committee on ‘‘(c) REMEDY.—Notwithstanding any other Mr. LIEBERMAN (for himself, Mr. provision of this Act, the provisions of sub- LEAHY, Mr. THOMAS, Mr. HATFIELD, Mr. Appropriations of the Senate.’’. sections (a) and (b) of this Section shall con- SIMON, Mr. NUNN, Mr. DASCHLE, Mr. stitute the only remedy available to con- LUGAR, Mr. ROTH, Mr. LAUTENBERG, tract holders or the Department for failure Mrs. FEINSTEIN, Mr. INOUYE, and Mr. BINAGMAN (AND OTHERS) to perform under a contract executed under LEVIN) proposed an amendment to the AMENDMENT NO. 5080 Section 302(a) of the Nuclear Waste Policy Act of 1982. bill, H.R. 3540, supra; as follows: Mr. MCCONNELL (for Mr. BINGAMAN On page 126, after line 7, insert the follow- for himself, Mrs. KASSEBAUM, and Mr. AMENDMENT NO. 5077 ing: ‘‘(INCLUDING TRANSFERS OF FUNDS)’’. SIMON) proposed an amendment to the On page 127, beginning on line 14, strike At the appropriate place in the bill, insert bill, H.R. 3540, supra; as follows: ‘‘Provided further,’’ and all that follows the following new provisions: through the colon on page 128, line 6, and in- At the appropriate place, insert: ‘‘SEC. . COMPLIANCE WITH OTHER LAWS. sert the following: ‘‘Provided further, That, The Senate finds that: ‘‘Notwithstanding any other provision of notwithstanding any prohibitions in this or The political situation in the African na- this Act, the Secretary shall comply with all any other Act on direct assistance to North tion of Burundi has deteriorated and there Federal, State, and local laws and regula- Korea, not more than $25,000,000 may be are reports of a military coup against the tions in developing and implementing the in- made available to the Korean Peninsula En- elected government of Burundi, and; tegrated management system. ergy Development Organization (KEDO) only The continuing ethnic conflict in Burundi ‘‘SEC. . COMPLIANCE WITH NATIONAL ENVIRON- for heavy fuel oil costs and other expenses MENTAL POLICY ACT. has caused untold suffering among the peo- associated with the Agreed Framework, of ple of Burundi and has resulted in the deaths ‘‘(a) NATIONAL ENVIRONMENTAL POLICY ACT which $13,000,000 shall be from funds appro- of over 150,000 people in the past two years, OF 1969.—Notwithstanding any other provi- priated under this heading and $12,000,000 sion of this Act, the Secretary shall comply and; may be transferred from funds appropriated The attempt to overthrow the government with all requirements of the National Envi- by this Act under the headings ‘Inter- ronmental Policy Act of 1969 (42 U.S.C. 4321 of Burundi makes the possibility of an in- national Organization and Programs’, ‘For- crease in the tension and the continued et seq.) in developing and implementing the eign Military Financing Program’, and ‘Eco- integrated management system. slaughter of innocent civilians more likely, nomic Support Fund’:’’. and; ‘‘(b) JUDICIAL REVIEW.—Notwithstanding On page 138, line 12, strike ‘‘the Korean’’ The United States and the International any other provision of this Act, any agency and all that follows through ‘‘or’’ on line 13. action relating to the development or imple- Community have an interest in ending the mentation of the integrated management crisis in Burundi before it reaches the level system shall be subject to judicial review. HELMS (AND LOTT) AMENDMENT of violence that occurred in Rwanda in 1994 ‘‘SEC. . CONTRACT DELAYS. NO. 5079 when over 800,000 people died in the war be- ‘‘(a) UNAVOIDABLE DELAYS BY CONTRACT Mr. MCCONNELL (for Mr. HELMS, for tween the Hutu and the Tutsi tribes, Now therefore it is the sense of the Senate that: HOLDER OR DEPARTMENT.—Notwithstanding himself and Mr. LOTT) proposed an any other provision of this Act, neither the amendment to the bill, H.R. 3540, The United States Senate condemns any violent action intended to overthrow the Department nor the contract holder shall be supra; as follows: liable under a contract executed under Sec- government of Burundi, and; tion 302(a) of the Nuclear Waste Policy Act On page 198; between lines 17 and 18, insert Calls on all parties to the conflict in Bu- of 1982 for damages caused by failure to per- the following: rundi to exercise restraint in an effort to re- form its obligations thereunder, if such fail- DEOBLIGATION OF CERTAIN UNEXPENDED store peace, and ure arises out of causes beyond the control ECONOMIC ASSISTANCE FUNDS Urges the Administration to continue dip- and without the fault or negligence of the SEC. 580. Chapter 3 of part III of the For- lomatic efforts at the highest level to find a party failing to perform. In the event cir- eign Assistance Act of 1961 (22 U.S.C. 2401 et peaceful resolution to the crisis in Burundi. S8922 CONGRESSIONAL RECORD — SENATE July 25, 1996 ABRAHAM (AND OTHERS) ‘‘(9) has been convicted in any court of any SEC. . FEDERAL RESERVE BANKS AS DEPOSI- AMENDMENT NO. 5081 crime involving domestic violence where the TORIES. individual has been represented by counsel Any Federal Reserve Bank which is re- Mr. MCCONNELL (for Mr. ABRAHAM, or knowingly and intelligently waived the quested to do so by the Bank may act as its for himself, Mr. BENNETT, Mr. INOUYE, right to counsel,’’; and depository, or as its fiscal agent, and the Mr. GRAHAM, Ms. MIKULSKI, Mr. MACK, (3) in subsection (s)(3)(B)(i), by inserting Board of Governors of the Federal Reserve and Mr. HATFIELD) proposed an amend- before the semicolon the following: ‘‘and has System shall exercise general supervision ment to the bill, H.R. 3540, supra; as not been convicted in any court of any crime over the carrying out of these functions. follows: involving domestic violence where the indi- SEC. . SUBSCRIPTION OF STOCK. vidual has been represented by counsel or (a) SUBSCRIPTION AUTHORITY.— On page 107, line 25, before the period in- knowingly and intelligently waived the right (1) IN GENERAL.—The Secretary of the sert the following: ‘‘:Provided further, That of to counsel’’. Treasury may subscribe on behalf of the the amount appropriated under this heading, (c) RULES AND REGULATIONS.—Section United States to not more than 7,011,270 not less than $15,000,000 shall be available 926(a) of title 18, United States Code, is shares of the capital stock of the Bank. only for the American Schools and Hospitals amended— (2) EFFECTIVENESS OF SUBSCRIPTION COMMIT- Abroad program under section 214 of the For- (1) by striking ‘‘and’’ at the end of para- MENT.—Any commitment to make such sub- eign Assistance Act of 1961’’. graph (2); scription shall be effective only to such ex- (2) by striking the period at the end of tent or in such amounts as are provided for ABRAHAM AMENDMENT NO. 5081 paragraph (3) and inserting ‘‘; and’’; and in advance by appropriations Acts. (3) by inserting after paragraph (3) the fol- (b) LIMITATIONS ON AUTHORIZATION OF AP- Mr. MCCONNELL (for Mr. ABRAHAM) lowing new paragraph: PROPRIATIONS.—For payment by the Sec- proposed an amendment to the bill, ‘‘(4) regulations providing for the effective retary of the Treasury of the subscription of H.R. 3540, supra; as follows: receipt and secure storage of firearms relin- the United States for shares described in On page 107, line 25, before the period in- quished by or seized from persons described subsection (a), there are authorized to be ap- sert the following: ‘‘:Provided further, That of in subsection (d)(9) or (g)(9) of section 922.’’. propriated $1,050,007,800 without fiscal year the amount appropriated under this heading, limitation. $5,000,000 shall be available only for a land COCHRAN AMENDMENT NO. 5084 (c) LIMITATIONS ON OBLIGATION OF APPRO- and resource management institute to iden- PRIATED AMOUNTS FOR SHARES OF CAPITAL tify nuclear contamination at Chernobyl.’’ Mr. MCCONNELL (for Mr. COCHRAN) STOCK.— f proposed an amendment to the bill, (1) PAID-IN CAPITAL STOCK.— H.R. 3540, supra; as follows: (A) IN GENERAL.—Not more than $105.000,000 of the amounts appropriated pursuant to THE INTERSTATE STALKING PUN- On page 107, line 11, strike ‘‘up to subsection (b) may be obligated for subscrip- ISHMENT AND PREVENTION ACT $30,000,000’’ and insert in lieu thereof the fol- tion to shares of paid-in capital sock. OF 1996 lowing: ‘‘$17,500,000’’. (B) FISCAL YEAR 1997.—Not more than $52,500,000 of the amounts appropriated pur- MCCONNELL (AND OTHERS) suant to subsection (b) for fiscal year 1997 LAUTENBERG AMENDMENT NO. AMENDMENT NO. 5085 may be obligated for subscription to shares 5083 of paid-in capital stock. Mr. MCCONNELL (for himself, Mr. (2) CALLABLE CAPITAL STOCK.—Not more Mr. LOTT (for Mr. LAUTENBERG) pro- LEAHY, and Mr. LAUTENBERG) proposed posed an amendment to the bill (H.R. than $787,505,852 of the amounts appropriated an amendment to the bill, H.R. 3540, pursuant to subsection (b) may be obligated 2980) to amend title 18, United States supra; as follows: for subscription to shares of callable capital Code, with respect to stalking; as fol- At the appropriate place, insert; stock. lows: (d) DISPOSITION OF NET INCOME DISTRIBU- MIDDLE EAST DEVELOPMENT BANK At the appropriate place, insert the follow- TIONS BY THE BANK.—Any payment made to ing: SEC. . SHORT TITLE. the United States by the Bank as a distribu- This title may be cited as the ‘‘Bank for SEC. . GUN BAN FOR INDIVIDUALS COMMITTING tion of net income shall be covered into the DOMESTIC VIOLENCE. Economic Cooperation and Development in Treasury as a miscellaneous receipt. the Middle East and North Africa Act’’. (a) DEFINITIONS.—Section 921(a) of title 18, SEC. . JURISDICTION AND VENUE OF CIVIL AC- United States Code, is amended by adding at SEC. . ACCEPTANCE OF MEMBERSHIP. TIONS BY OR AGAINST THE BANK. the end the following new paragraph: The President is hereby authorized to ac- (a) JUDISDICTION.—The United States dis- ‘‘(33) The term ‘crime involving domestic cept membership for the United States in the trict courts shall have original and exclusive violence’ means a felony or misdemeanor Bank for Economic Cooperation and Devel- jurisdiction of any civil action brought in crime of violence, regardless of length, term, opment in the Middle East and North Africa the United States by or against the Bank. or manner of punishment, committed by a (in this title referred to as the ‘‘Bank’’) pro- (b) VENUE.—For purposes of section 1391(b) current or former spouse, parent, or guard- vided for by the agreement establishing the of title 28, United States Code, the Bank ian of the victim, by a person with whom the Bank (in this title referred to as the ‘‘Agree- shall be deemed to be a resident of the judi- victim shares a child in common, by a person ment’’), signed on May 31, 1996. cial district in which the principal office of who is cohabiting with or has cohabited with SEC. . GOVERNOR AND ALTERNATE GOV- the Bank in the United States, or its agent the victim as a spouse, parent, or guardian, ERNOR. appointed for the purpose of accepting serv- or by a person similarly situated to a spouse, (a) APPOINTMENT.—At the inaugural meet- ice or notice of service, is located. parent, or guardian of the victim under the ing of the Board of Governors of the Bank, SEC. . EFFECTIVENESS OF AGREEMENT. domestic or family violence laws of the juris- the Governor and the alternate for the Gov- The agreement shall have full force and ef- diction in which such felony or misdemeanor ernor of the International Bank for Recon- fect in the United States its territories and was committed.’’. struction and Development, appointed pursu- possessions, and the Commonwealth of Puer- (b) UNLAWFUL ACTS.—Section 922 of title ant to section 3 of the Bretton Woods Agree- to Rico, upon acceptance of membership by 18, United States Code, is amended— ments Act, shall serve ex-officio as a Gov- the United States in the Bank and the entry (1) in subsection (d)— ernor and the alternate for the Governor, re- into force of the Agreement. (A) by striking ‘‘or’’ at the end of para- spectively, of the Bank. The President, by SEC. . EXEMPTION FROM SECURITIES LAWS FOR graph (7); and with the advice and consent of the Sen- CERTAIN SECURITIES ISSUED BY (B) by striking the period at the end of ate, shall appoint a Governor of the Bank THE BANK; REPORTS REQUIRED. paragraph (8) and inserting ‘‘; or’’; and and an alternate for the Governor. (A) EXEMPTION FROM SECURITIES LAWS; RE- (C) by inserting after paragraph (8) the fol- (b) COMPENSATION.—Any person who serves PORTS TO SECURITIES AND EXCHANGE COMMIS- lowing new paragraph: as a Governor of the Bank or as an alternate SION.—Any securities issued by the Bank (in- ‘‘(9) has been convicted in any court of any for the Governor may not receive any salary cluding any guaranty by the Bank, whether crime involving domestic violence where the or other compensation from the United or not limited in scope) in connection with individual has been represented by counsel States by reason of such Service. borrowing of funds, or the guarantee of secu- or knowingly and intelligently waived the SEC. . APPLICABILITY OF CERTAIN PROVI- rities as to both principal and interest, shall right to counsel.’’; SIONS OF THE BRETTON WOODS be deemed to be exempted securities within (2) in subsection (g)— AGREEMENTS ACT. the meaning of section 3(a)(2) of the Securi- (A) by striking ‘‘or’’ at the end of para- Section 4 of the Bretton Woods Agree- ties Act of 1993 and section 3(a)(12) of the Se- graph (7); ments Act shall apply to the Bank in the curities Exchange Act of 1934. The Bank (B) in paragraph (8), by striking the same manner in which such section applies shall file with the Securities and Exchange comma and inserting ‘‘; or’’; and to the International Bank for Reconstruc- Commission such annual and other reports (C) by inserting after paragraph (8) the fol- tion and Development and the International with regard to such securities as the Com- lowing new paragraph: Monetary fund. mission shall determine to be appropriate in July 25, 1996 CONGRESSIONAL RECORD — SENATE S8923 view of the special character of the Bank and ing the preparation of Environmental Impact to Congress of the waiver permitted under its operations and necessary in the public in- Assessments for any major project, action, the preceding proviso: Provided further, That terest or for the protection of investors, or continuing activity that may be reason- before obligating any funds for KEDO, the (b) AUTHORITY OF SECURITIES AND EX- ably expected to have a significant adverse President shall report to Congress on (1) the CHANGE COMMISSION TO SUSPEND EXEMPTION; effect on the physical environment or envi- cooperation of North Korea in the process of REPORTS TO THE CONGRESS.—The Securities ronmental interests of another nation or a returning to the United States the remains and Exchange Commission, acting in con- global commons area; of United States military personnel who are sultation with such agency or officer as the (3) subsequent to the adoption of Senate listed as missing in action as a result of the president shall designate, may suspend the Resolution 49 in 1978, the United Nations En- Korean conflict (including conducting joint provisions of subsection (a at any time as to vironment Programme Governing Council field activities with the United States); (2) any or all securities issued or guaranteed by adopted Goals and Principles on Environ- violations of the military armistice agree- the Bank during the period of such suspen- mental Impact Assessment calling on gov- ment of 1953; (3) the actions which the Unit- sion. The Commission shall include in its an- ernments to undertake comprehensive Envi- ed States is taking and plans to take to as- nual reports to the Congress such informa- ronmental Impact Assessments in cases in sure that North Korea is consistently taking tion as it shall deem advisable with regard to which the extent, nature, or location of a steps to implement the Joint Declaration on the operations and effect of this section. proposed activity is such that the activity is Denuclearization of the Korean Peninsula SEC. . TECHNICAL AMENDMENTS. likely to significantly affect the environ- and engage in North-South dialogue; and (4) (a) ANNUAL REPORT REQUIRED ON PARTICI- ment; and all instances of non-compliance with the PATION OF THE UNITED STATES IN THE BANK.— (4) on October 7, 1992, the Senate gave its Agreed Framework between North Korea and Section 1701(c)(2) of the International Finan- advice and consent to the Protocol on Envi- the United States and the Confidential cial Insituttions Act (22 U.S.C. 262r(c)(2)) is ronmental Protection to the Antarctic Trea- Minute, including diversion of heavy fuel amended by inserting ‘‘Bank for Economic ty, which obligates parties to the Antarctic oil:’’. Cooperation and Development in the Middle Treaty to require Environmental Impact As- f East and North Africa,’’ after ‘‘Inter-Amer- sessment procedures for proposed activities ican Development Bank’’. in Antarctica. THE SMALL BUSINESS INVEST- (b) EXEMPTION FROM LIMITATIONS AND RE- (b) SENSE OF THE SENATE.—It is the sense MENT COMPANY IMPROVEMENT STRICTIONS ON POWER OF NATIONAL BANKING of the Senate that— ACT OF 1996 ASSOCIATIONS TO DEAL IN AND UNDERWRITE (1) the United States Government should INVESTMENT SECURITIES OF THE BANK.—The encourage the governments of other nations 7th sentence of paragraph 7 of section 5136 of to engage in analysis of activities that may BOND (AND BUMPERS) the Revised Statues of the United States (12 cause adverse impacts on the environment of AMENDMENT NO. 5090 U.S.C. 24) is amended by inserting ‘‘Bank for other nations or a global commons area; and Mr. MURKOWSKI (for Mr. BOND, for Economic Cooperation and development in (2) such additional analysis can rec- the Middle East and North Africa,’’ after ommend alternatives that will permit such himself and Mr. BUMPERS) proposed an ‘‘the Inter-American Development Bank.’’ activities to be carried out in environ- amendment to the bill (S. 1784) to (c) BENEFITS FOR UNITED STATES CITIZEN- mentally sound ways to avoid or minimize amend the Small business Investment REPRESENTATIVES TO THE BANK.—Section 51 any adverse environmental effects, through Act of 1958, and for other purposes; as of Public Law 91–599 (22 U.S.C. 276c–2) is requirements for Environmental Impact As- follows: amended by inserting ‘‘the Bank for Eco- sessments where appropriate. SEC. 13. EXTENSION OF SMALL BUSINESS COM- nomic Cooperation and Development in the PETITIVENESS DEMONSTRATION Middle East and North Africa,’’ after ‘‘the SIMPSON AMENDMENT NO. 5088 PROGRAM. Inter-American Development Bank,’’. Mr. SIMPSON proposed an amend- Section 711(c) of the Small Business Com- Amend the title so as to read as follows: petitiveness Demonstration Program Act of ‘‘A Bill to authorize United States contribu- ment to the bill, H.R. 3540, supra; as 1988 (15 U.S.C. 644 note) is amended by strik- tions to the International Development As- follows: ing ‘‘September 30, 1996’’ and inserting ‘‘Sep- sociation and to a capital increase of the Af- On page 196, strike lines 14 through 26. tember 30, 1997’’. rican Development Bank, to authorize the f participation of the United States in the Bank for Economic Cooperation and develop- MURKOWSKI AMENDMENT NO. 5089 THE GOVERNMENT ment in the Middle East and North Africa, Mr. MURKOWSKI (for himself, Mr. ACCOUNTABILITY ACT OF 1996 and for other purposes.’’ MCCAIN, and Mr. LIEBERMAN) proposed an amendment to amendment No. 5078 LEAHY AMENDMENT NO. 5086 proposed by Mr. LIEBERMAN to the bill, SPECTER (AND OTHERS) Mr. MCCONNELL (for Mr. LEAHY) H.R. 3540, supra; as follows: AMENDMENT NO. 5091 proposed an amendment to the bill, On page 2, line 9, of the matter proposed to Mr. MURKOWSKI (for Mr. SPECTER, H.R. 3540, supra; as follows: be inserted, strike ‘‘Fund’’ and all that fol- for himself, Mr. LEVIN, Mr. ROTH, Mr. On page 114, line 24 insert the following be- lows to the end period and insert the follow- NUNN, Mr. STEVENS, Mr. INOUYE, Mr. fore the period at the end thereof: ‘‘: Provided ing: ‘‘Fund: Provided further, That such funds GRASSLEY, Mr. LEAHY, Mr. COHEN, Mr. may be obligated to KEDO only if, prior to further, That of the funds appropriated under KOHL, and Mr. JEFFORDS) proposed an such obligation of funds, the President cer- this heading by prior appropriation’s Acts, amendment to the bill (H.R. 3166) to $36,000,000 of unobligated and unearmarked tifies and so reports to Congress that (1)(A) the United States is taking steps to assure amend title 18, United States Code, funds shall be transferred to and consoli- with respect to the crime of false state- dated with funds appropriated by this Act that progress is made on the implementation under the heading ‘‘International Organiza- of the January 1, 1992, Joint Declaration on ment in a Government matter; as fol- tion’s and Programs’’. the Denuclearization of the Korean Penin- lows: sula and the implementation of the North- Strike all after the enacting clause and in- South dialogue, and (B) North Korea is com- sert the following: PELL AMENDMENT NO. 5087 plying with the other provisions of the SECTION 1. SHORT TITLE. Agreed Framework between North Korea and Mr. MCCONNELL (for Mr. PELL) pro- This Act may be cited as the ‘‘False State- the United States and with the Confidential posed an amendment to the bill, H.R. ments Penalty Restoration Act’’. 3540, supra; as follows: Minute; (2) North Korea is cooperating fully in the canning and safe storage of all spent SEC. 2. RESTORING FALSE STATEMENTS PROHI- BITION. On page 198, between lines 17 and 18, insert fuel from its graphite-moderated nuclear re- Section 1001 of title 18, United States Code, the following: actors and that such canning and safe stor- is amended to read as follows: SEC. . SENSE OF THE SENATE. age is scheduled to be completed by the end (a) FINDINGS.—Congress finds that— of fiscal year 1997; and (3) North Korea has ‘‘§ 1001. Statements or entries generally (1) Environmental Impact Assessments as not significantly diverted assistance pro- ‘‘(a) PROHIBITED CONDUCT.— a national instrument are undertaken for vided by the United States for purposes for ‘‘(1) IN GENERAL.—A person shall be pun- proposed activities that are likely to have a which such assistance was not intended: Pro- ished under subsection (b) if, in any matter significant adverse impact on the environ- vided further, That the President may waive within the jurisdiction of the executive, leg- ment and are subject to a decision of a com- the certification requirements of the preced- islative, or judicial branch of the Federal petent national authority; ing proviso if the President deems it nec- Government, or any department, agency, (2) in 1978 the Senate adopted Senate Reso- essary in the vital national security inter- committee, subcommittee, or office thereof, lution 49, calling on the United States Gov- ests of the United States: Provided further, that person knowingly and willfully— ernment to seek the agreement of other gov- That no funds may be obligated for KEDO ‘‘(A) falsifies, conceals, or covers up, by ernments to a proposed global treaty requir- until 30 calendar days after the submission any trick, scheme, or device, a material fact; S8924 CONGRESSIONAL RECORD — SENATE July 25, 1996 ‘‘(B) makes any materially false, fictitious, Southwest susceptible to catastrophic The PRESIDING OFFICER. Without or fraudulent statement or representation; fires and diseases scheduled for Tues- objection, it is so ordered. or day, July 30, 1996, before the Sub- COMMITTEE ON THE JUDICIARY ‘‘(C) makes or uses any false writing or committee on Forests and Public Land document, knowing that the document con- Mr. MCCONNELL. Mr. President, I tains any materially false, fictitious, or Management will now begin at 10:30 ask unanimous consent that the Com- fraudulent statement or entry. a.m. instead of 9:30 a.m. as previously mittee on the Judiciary be authorized ‘‘(2) APPLICABILITY.—This section shall not scheduled. to meet during the session of the Sen- apply to parties to a judicial proceeding or SUBCOMMITTEE ON OVERSIGHT AND ate on Thursday July 25, 1996, at 10:00 anyone seeking to become a party to a judi- INVESTIGATIONS a.m., to hold an executive business cial proceeding, or their counsel, for state- Mr. THOMAS. Mr. President, I would meeting. ments, representations, or documents sub- like to announce for the information of mitted by them to a judge in connection The PRESIDING OFFICER. Without with the performance of an adjudicative the Senate and the public that an over- objection, it is so ordered. function. sight hearing has been scheduled before COMMITTEE ON LABOR AND HUMAN RESOURCES ‘‘(b) PENALTIES.—A person who violates the Oversight and Investigations Sub- Mr. MCCONNELL. Mr. President, I this section shall be fined under this title, committee of the Energy and Natural ask unanimous consent that the Com- imprisoned not more than 5 years, or both.’’. Resources Committee on the propriety mittee on Labor Human Resources be SEC. 3. CLARIFYING PROHIBITION ON OBSTRUCT- of a commercial lease issued by the Bu- authorized to meet for a hearing on Ge- ING CONGRESS. reau of Land Management at Lake netic Issues, during the session of the Section 1515 of title 18, United States Code, Havasu, AZ, including its consistency is amended— Senate on Thursday, July 25, 1996, at (1) by redesignating subsection (b) as sub- with the Federal Land Policy and Man- 9:30 a.m. section (c); and agement Act and Department of the In- The PRESIDING OFFICER. Without (2) by inserting after subsection (a) the fol- terior land use policies. objection, it is so ordered. lowing new subsection: The hearing will take place on Thurs- SUBCOMMITTEE ON PARKS, HISTORIC ‘‘(b) CORRUPTLY.—As used in section 1505, day, August 1 at 9:00 a.m. in Room SD– PRESERVATION, AND RECREATION the term ‘corruptly’ means acting with an 366 of the Dirksen Senate Office Build- improper purpose, personally or by influenc- Mr. MCCONNELL. Mr. President, I ing in Washington, DC. ask unanimous consent that the Sub- ing another, including making a false or mis- Those wishing to submit written leading statement, or withholding, conceal- committee on Parks, Historic Preser- ing, altering, or destroying a document or statements should write to the Com- vation, and Recreation of the Commit- other information.’’. mittee on Energy and Natural Re- tee on Energy and Natural Resources SEC. 4. ENFORCING SENATE SUBPOENA. sources, U.S. Senate, Washington, DC be granted permission to meet during Section 1365(a) of title 28, United States 20510. For further information, please the session of the Senate on Thursday, Code, is amended in the second sentence, by call Kelly Johnson or Jo Meuse at (202) July 25, 1996, for purposes of conducting striking ‘‘Federal Government acting within 224–6730. a subcommittee hearing which is his official capacity’’ and inserting ‘‘execu- f scheduled to begin at 9:30 a.m. The pur- tive branch of the Federal Government act- ing within his or her official capacity, except AUTHORITY FOR COMMITTEES TO pose of this hearing is to consider S. that this section shall apply if the refusal to MEET 1699, a bill to establish the National comply is based on the assertion of a per- Cave and Karst Research Institute in sonal privilege or objection and is not based COMMITTEE ON BANKING, HOUSING, AND URBAN the State of New Mexico; and S. 1809, on a governmental privilege or objection the AFFAIRS the Aleutian World War II National assertion of which has been authorized by Mr. MCCONNELL. Mr. President, I Historic Sites Act of 1996. the executive branch of the Federal Govern- ask unanimous consent that the Com- The PRESIDING OFFICER. Without ment’’. mittee on Banking, Housing, and objection, it is so ordered. SEC. 5. COMPELLING TRUTHFUL TESTIMONY Urban Affairs be authorized to meet f FROM IMMUNIZED WITNESS. during the session of the Senate on Section 6005 of title 18, United States Code, Thursday, July 25, 1996, to conduct an ADDITIONAL STATEMENTS is amended— (1) in subsection (a), by inserting ‘‘or ancil- oversight hearing to review the Gen- eral Accounting Office [GAO] report on lary to’’ after ‘‘any proceeding before’’; and CBO COST ESTIMATE—S. 901 (2) in subsection (b)— the Federal Reserve System. (A) in paragraphs (1) and (2), by inserting The PRESIDING OFFICER. Without ∑ Mr. MURKOWSKI. Mr. President, on ‘‘or ancillary to’’ after ‘‘a proceeding before’’ objection, it is so ordered. July 16, 1996, I filed Report 104–322 to each place that term appears; and COMMITTEE ON COMMERCE, SCIENCE, AND accompany S. 901, to amend the Rec- (B) in paragraph (3), by adding a period at TRANSPORTATION lamation Projects Authorization and the end. Mr. PRESSLER. Mr. President, I ask Adjustment Act of 1992, that had been f unanimous consent that the Commit- ordered favorably reported on June 19, NOTICES OF HEARINGS tee on Commerce, Science, and Trans- 1996. At the time the Report was filed, the estimates by Congressional Budget COMMITTEE ON INDIAN AFFAIRS portation be allowed to meet during the Thursday, July 25, 1996, session of Office were not available. The estimate Mr. MCCAIN. Mr. President, I would the Senate for the purpose of conduct- is now available and concludes that en- like to announce that the Senate Com- actment of S. 901 would ‘‘not affect di- mittee on Indian Affairs will meet dur- ing a hearing on S. 1726, the Promotion of Commerce On-Line in the digital rect spending or receipts’’. I ask that a ing the session of the Senate on Tues- copy of the CBO estimate be printed in day, July 30, 1996, beginning at 9:30 Era [Pro-Code] Act of 1996. The PRESIDING OFFICER. Without the RECORD. a.m. to conduct a markup on S. 1983, to The estimate follows: amend the Native American Graves objection, it is so ordered. Protection and Repatriation Act to COMMITTEE ON FOREIGN RELATIONS CONGRESSIONAL BUDGET OFFICE COST ESTIMATE provide for Native Hawaiian organiza- Mr. MCCONNELL. Mr. President, I 1. Bill number: S. 901. 2. Bill title: A bill to amend the Reclama- tions, and for other purposes. The ask unanimous consent that the Com- mittee on Foreign Relations be author- tion Projects Authorization and Adjustment markup will be held in room 485 of the Act of 1992 to authorize the Secretary of the Russel Senate Office Building. ized to meet during the session of the Interior to participate in the design, plan- Those wishing additional information Senate on Thursday, July 25, at 2:00 ning, and construction of certain water rec- should contact the Committee on In- p.m. lamation and reuse projects and desalination dian Affairs at 224–2251. The PRESIDING OFFICER. Without research and development projects, and for COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. other purposes. 3. Bill status: As reported by the Senate RESOURCES COMMITTEE ON GOVERNMENTAL AFFAIRS Committee on Energy and Natural Resources Mr. CRAIG. Mr. President, I would Mr. MCCONNELL. Mr. President, I on July 16, 1996. like to announce that the oversight ask Unanimous Consent on behalf of 4. Bill purpose: S. 901 would authorize the hearing regarding the conditions that the Governmental Affairs Committee Secretary of the Interior to participate in have made the national forests of the to meet on Thursday, July 25. the design, planning, and construction of July 25, 1996 CONGRESSIONAL RECORD — SENATE S8925 eleven water reclamation and reuse projects This estimate is based on information pro- measuring or estimating is a mystery. and two desalination research and develop- vided by the Bureau of Reclamation. We as- How sad it is when a child’s bedtime ment projects. The projects would be subject sumed that nonfederal project sponsors story must remain unread because a to the following conditions: would contribute 75 percent of the cost of parent cannot decipher the symbols on No funds could be appropriated until a fea- water reclamation and reuse projects and 50 sibility study is completed and the Secretary percent of the cost of desalinization projects, the page. We have the power to change has determined that the nonfederal project as required by the bill. these disturbing situations. Literacy sponsor is financially capable of funding the 9. Estimated impact on the private sector: could be a part of the solution to many nonfederal share of the project’s costs; This act would impose no new federal pri- of our social problems. The federal government could not pay vate-sector mandates as defined in Public It was in recognition of the signifi- more than 25 percent of the total cost of con- Law 104–4. cance and importance of literate citi- structing the water reclamation and reuse 10. Previous CBO estimate: On July 22, zenry, that the National Literacy Act projects or more than 50 percent of the cost 1996, CBO prepared a cost estimate for H.R. of the desalinization and research and devel- 3660, a similar bill ordered reported by the became law. This legislation was de- opment projects; and House Committee on Resources. Differences signed to assist state and local pro- The Secretary would not be authorized to in the estimated costs of the two bills reflect grams to provide literacy skills to provide funds for the operation and mainte- differences in the projects authorized and in adult. It was the first national step to- nance of any project. the federal shares. ward reaching the goal that all Ameri- 5. Estimated cost to the Federal Govern- 11. Estimate prepared by: Federal Cost Es- ment: Assuming the necessary appropria- cans obtain the fundamental skills nec- timate: Gary Brown; Impact on State, Local, essary to function effectively in their tions, CBO estimates that enacting S. 901 and Tribal Governments: Marjorie Miller; would result in new discretionary spending Impact on the Private Sector: Amy Downs. work and daily lives, and to strengthen totaling $112 million for fiscal years 1997 12. Estimate approved by: Robert A. Sun- and coordinate adult literacy programs through 2002. Additional spending of $20 mil- shine (for Paul N. Van de Water, Assistant across the nation. lion would occur after 2002. Appropriations Director for Budget Analysis). The National Institute for Literacy in fiscal year 1996 for water reclamation and f (NIL) has already had many achieve- reuse projects totaled $20 million. Assuming ments including the establishment of appropriations of the needed amounts, the TOWARD A MORE LITERATE the National Literacy Hotline and the Bureau of Reclamation anticipates spending SOCIETY an average of $30 million a year over the National Adult Literacy and Learning 1997–2007 period on projects that have al- ∑ Mr. SIMON. Mr. President, five years Disabilities Center. The National Insti- ready been authorized. ago today, the National Literacy Act tute for Literacy manages the Literacy [By fiscal year, in millions of dollars] of 1991 became law. In each chamber, AmeriCorps program which has as- legislation in support of literacy had sisted families to improve their basic 1996 1997 1998 1999 2000 2001 2002 received strong support from both sides education skills. NIL has funded inno- SPENDING SUBJECT TO APPROPRIATION of the aisle. In the Senate, our original vative state and local activities na- Spending Under Cur- measure passed in 1990 by a vote of 99– tionwide. The Institute also produces rent Law: Estimated Au- 0. Literacy legislation was passed three and disseminates timely information thorization times by the House. No issue is more on adult education and family literacy Level a ...... 20 30 30 30 30 30 30 Estimated Out- important than basic literacy. No issue practices. lays ...... 20 28 30 30 30 30 30 is less partisan. No issue is more com- Across the country, State Literacy Proposed Changes: Estimated Au- pelling to our nation’s ability to sur- Resource Centers (SLRC), authorized thorization vive and flourish. The ability to read, by the Act, meet a great need by fos- Level ...... 12 31 22 27 13 10 Estimated Out- write and speak in English, compute tering collaboration among literacy lays ...... 9 25 22 27 16 13 and solve problems is fundamental to agencies and increasing local capacity Spending Under S. 901: functioning at home, on the job and in to deliver literacy services. SLRCs Estimated Au- society. Literacy is an essential ingre- have created linkages within the lit- thorization Level a ...... 20 42 61 52 57 43 40 dient to ensure that each person real- eracy community, but these linkages Estimated Out- izes his or her full potential as a par- are threatened because of a lock of fed- lays ...... 20 37 55 52 57 46 43 ent, a worker and a member of the eral funds. a The 1996 level is the amount appropriated for that year. community. A United States where As our world becomes more complex, The costs of this bill fall within budget every adult is literate is essential if the need for literacy becomes greater function 300. our nation is to continue to compete in and the skills needed continue to ex- 6. Basis of estimate: For the purpose of the global economy and be a respon- pand. Thanks to the National Literacy this estimate, CBO assumes that funds will be appropriated for all projects authorized by sible citizen of the world. Act, our understanding of the mag- this bill and that spending will occur at his- As important as literacy is for the nitude of illiteracy has increased, and torical rates for similar water projects. nation, possessing basic literacy skills it is clear that sadly, there is still Some of the projects authorized in this bill is also critical for the individual. The more to be done. are still in the study or design phase and will ability to read, do basic computations An immense need still exists. The not be ready to begin construction for a and think critically opens the door to most recent statistics available indi- number of years. Estimates of annual budget endless possibilities and unleashes cate that 80 percent of adults cannot authority needed to meet design and con- human potential. The lack of basic synthesize information from complex struction schedules were provided by the Bu- reau of Reclamation. In all cases, CBO ad- educational skills robs people of the material. More than 53 million Ameri- justed the estimates to reflect the impact of opportunity to realize personal happi- cans are unable to locate a single piece inflation during the time between authoriza- ness and economic security. According of information in a short text. More tion, appropriation, and the beginning of to the National Institute for Literacy, than 56 million Americans cannot do construction. which was established by the National simple arithmetic. Millions of Ameri- 7. Pay-as-you-go considerations: None. Literacy Act, about half of the Amer- cans are unable to locate, understand 8. Estimated impact of State, local, and ican workforce has reading and writing or use information from written mate- tribal governments: S. 901 contains no inter- governmental mandates ad defined in the problems. This limits an individual’s rials; millions of Americans lack quan- Unfunded Mandates Reform Act of 1995 (Pub- earnings and American productivity. titative skills. That means they cannot lic Law 104–4). CBO estimates that state and Secretary of Education Richard Riley complete a job application, or use a bus local governments, as nonfederal project said it well: ‘‘Illiteracy is the ball and schedule, or complete a bank deposit sponsors, would incur costs totaling about chain that ties people to poverty.’’ slip. $370 million over fiscal years 1997 through The images of illiteracy are powerful, Action is needed now if we are to 2006 if they choose to participate in these the consequences are severe. How dan- achieve the national education goal: projects. Further, nonfederal project spon- gerous it is when someone cannot read that by the year 2000, every adult sors would probably incur some additional costs for feasibility studies and would pay instructions on a medicine bottle or a American will be literate and will pos- for the operation and maintenance of these household appliance. How threatening sess the knowledge and skills necessary projects. Participation in these projects it is when you cannot understand legal to compete in global economy and ex- would be voluntary on the part of these non- rights and responsibilities. How intimi- ercise the rights and responsibilities of federal entities. dating it must be when computing, citizenship. I urge my colleagues to S8926 CONGRESSIONAL RECORD — SENATE July 25, 1996 support literacy programs through the AN INCOMPREHENSIBLE, IRRESPONSIBLE, not yet know if there are culprits be- appropriations process and through ef- BAFFLING BOONDOGGLE FOR THE NRA hind it who must be brought to justice. forts to promote the achievement of (By Senator Paul Simon) But we do know that the lives of fine literacy in their communities. Advanc- Buried in the annual Defense Department people have been lost before their time. ing literacy initiatives is a crucial in- authorization bill is an outrageous gift of $77 Mr. President, six people with close vestment in our future. ∑ million that will benefit something called ties to Michigan died in this crash. the Corporation for the Promotion Rifle f They were Courtney Johns, an 18-year- Practice and Firearms Safety. old Bloomfield Hills Marian High This corporation is the new ‘‘private’’ in- TRIBUTE TO ALEX MANOOGIAN, School graduate, headed for Paris on 1901–96 carnation of the old National Rifle Associa- tion-backed Civilian Marksmanship Pro- an exchange program. Dr. Ghassan and ∑ Mr. LEVIN. Mr. President, on July gram. This program was intended to make Mrs. Nina Haurani, citizens and par- 10, Michigan lost one of its greatest sure people could shoot straight in case they ents in Grosse Pointe Shores, starting citizens, a very humble man of great entered the military. In recent years, how- a brief European vacation. Celine Rio, wealth, an immigrant who embodied ever, it has simply funneled cash, weapons an 11-year-old French girl returning to all that is good about America, a man and ammunition to private gun clubs, her home after a 3-week visit as part of of 95 years who still had plans to make thanks to the power of the NRA. Until a fed- a national cultural exchange program. life better for people. eral judge ruled it unconstitutional in 1979, gun clubs which participated in this program Tracy Anne Hammer, a doctoral stu- Alex Manoogian came to this country were required to be NRA members. dent in veterinary science and microbi- in 1920 to escape the oppression of the Under public pressure to eliminate this ology at Michigan State University, Armenian people. A few years after his useless and wasteful program, Congress who was to give a speech on cardiac arrival, he founded what is today one ‘‘privatized’’ the program last year. disease in doberman pinschers before a of Michigan’s most successful business In fact, the corporation is private in name professional audience. And Elaine firms, Masco Corporation. But it is the only. When the corporation becomes fully Loffredo, a Michigan native who gave rest of the story that made Alex operational in October of this year it will be given by the Army: up a career in nursing for the excite- Manoogian a giant, not only in Michi- 176,218 rifles the Army views as outmoded, ment of air travel. gan but in the United States and in the but valued at $53,271,002. Mr. President, these people touched world, as well. Computers, vehicles, office equipment and the hearts of many around them, in He touched the lives of young people other related items valued by the Army at Michigan and elsewhere. Courtney with educational facilities here and $8,800,000. Johns was a class leader in high school abroad. Cultural and educational insti- 146 million rounds of ammunition valued who was headed to Villanova Univer- tutions in Detroit, Ann Arbor, Armenia by the Army at $9,682,656. sity in the fall. She leaves behind and Jerusalem welcomed his generous $5,332,000 in cash. That totals $77,085,658. grieving friends and a family dev- endowments. If Armenians suffered in Our friends in the National Rifle Associa- astated by the loss of this young, America, his adopted land, or in his tion strongly back this measure and it ap- promising life. Ghassan and Nina homeland of Armenia, he was there to pears to be a boondoggle for them. Haurani were known in their commu- help. He founded the Armenian General What the Army should do with outmoded nity as loving parents and good neigh- Benevolent Union to address the catas- weapons is to destroy them. Our government bors. Termed ‘‘joyous, giving people,’’ trophes that befell his people. has a theoretical policy that it does not sell they, too, leave behind them grieving The Supreme Patriarch and federally owned weapons to the public. The friends and a family that will miss Civilian Marksmanship Program violates Catholicos of All Armenians came from this policy, and the new corporation would them terribly. Tracy Anne Hammer, Yerevan to preside at the funeral of continue to violate it. traveling with her mother, was well on Alex Manoogian. He described him as a Why we should be subsidizing rifle prac- her way to a promising career, was, in- Christian, an Armenian and an Amer- tice—which is the theory behind this—baffles deed to launch that career in France, ican. A Christian, whose deep faith me. Hardly any of those who will use the when she was taken from us, her fam- kept him involved in the church for 80 weapons will enter into the armed forces. ily and friends. Celine Rio, a young girl of his 95 years—and he built St. John’s The Defense Department did not request on the edge of adolescence, had learned Armenian Church in Southfield, MI, this. I had never fired a rifle or handgun before about America and had gained a second one of the most glorious edifices in our entering the Army, and with minimal train- family in the Winters, her exchange community with its golden dome that ing I became a fair-to-good marksman. program hosts. Now the Winters and glows in the sunlight. An Armenian, Sen. Frank Lautenberg of New Jersey and her many other friends in America who never forgot the persecution of his I tried to eliminate this incomprehensible must join family and friends in France people and the need to continue to expenditure from the bill and we got only 29 in lamenting the loss of this young touch their lives. An American, who votes for our amendment. The NRA still has spirit. And Elaine Loffredo, who found loved this country passionately and power. such joy in air travel and in the people who gave back much, much more than We should be reducing the numbers of weapons in our society, not increasing them. she met—I am told that meeting Moth- he ever took. A government policy of destroying weap- er Theresa was a highlight of her ca- I loved meeting with Alex ons and not selling outmoded guns to the reer—was taken from her husband and Manoogian. He spoke simply, elo- public is sound. other family and friends, by this explo- quently and with great intensity about While rifles are not the primary weapons sion. those things that mattered to him. I for crime—pistols are—some of those 176,000 Mr. President, these were fine people, will always cherish our many discus- weapons will get into the hands of people leading fine lives until they were taken sions. We will all miss him.∑ who should not have them. If 1 percent reach from us. I know I speak for my entire someone who is irresponsible, that is 1,760 f weapons. State of Michigan when I tell families and friends of those we have lost that BOONDOGGLE FOR THE NRA Let me in advance extend my sympathy to the families of the people who will be killed we share their loss, and that our ∑ Mr. SIMON. Mr. President, the Sen- by these weapons. The will be needless vic- thoughts and prayers are with them.∑ ate recently approved a Defense au- tims of this folly.∑ f thorization bill for fiscal year 1997 that f includes an indefensible allotment of WHITEWATER INVESTIGATION tax dollars to a slightly camouflaged MEMORIALIZING MICHIGAN WAS A COSTLY PARTISAN GAME version of the earlier Civilian Marks- VICTIMS OF TWA FLIGHT 800 ∑ Mr. SIMON. Mr. President, the Spe- manship Program. ∑ Mr. ABRAHAM. Mr. President, on be- cial Committee To Investigate I have written on this subject in a half of Michigan I would like to express Whitewater Development Corporation column that is sent to newspapers in my deep regret at the loss of several And Related Matters recently trans- Illinois, and I ask that it be reprinted Michigan residents who lost their lives mitted its final report. here to call the attention of my col- in the explosion of TWA Flight 800 near I have written about this costly, par- leagues to this questionable line item. New York. We still do not know what tisan game in a column that is sent to The column follows: happened to flight 800, and therefore do newspapers in Illinois, and I submit it July 25, 1996 CONGRESSIONAL RECORD — SENATE S8927 here to call the attention of my col- THE AGRICULTURE ers and ranchers today. Mediation pro- leagues to this political exercise that APPROPRIATIONS BILL grams enable farmers and ranchers to contributed nothing. ∑ Mr. CONRAD. Mr. President, I wish meet with their creditors or the local The column follows: to make a few remarks regarding the Farmers Home Administration office in a confidential atmosphere which WHITEWATER INVESTIGATION WAS A COSTLY fiscal year 1997 appropriations bill for promoted civil discussion, mutual un- PARTISAN GAME Agriculture, Rural Development, Food derstanding, and it most cases, a fair (By Senator Paul Simon) and Drug Administration, and related agencies programs, which the Senate settlement. The Senate Whitewater investigation re- passed nearly unanimously yesterday. The scope of the State mediation sulted in a political exercise that contrib- This appropriations bill is arguably grants program was expanded when the uted nothing, except to add to public cyni- the most important for my State of United States Department of Agri- cism and confirming the already widespread culture’s [USDA] Reorganization Act belief that in Congress we are playing par- North Dakota. Agriculture is my State’s No. 1 industry, accounting for of 1994 became law. Now, farmers and tisan games rather than tending to the na- ranchers in States which have certified tion’s and the public’s real needs. over one third of our annual economic State mediation programs may choose Obviously some people broke the law in the activity. This bill provides important Whitewater events, but the evidence indi- funding for many USDA activities im- mediation in a variety of disputes with cated neither a violation of the law nor of portant to my State, including valu- USDA, such as conservation compli- ethical standards by Bill Clinton or Hillary able research, rural development, and, ance, wetland determinations, and Clinton while he served either as President of course, commodity programs. I want grazing rights. The demand for this mediation pro- or as Governor of Arkansas. to express my appreciation to the gram continues to exist. Nineteen But the misuse of the FBI files is another chairman and ranking member of the matter. Both the White House and the FBI States have certified State mediation subcommittee for the excellent work are at fault. The President probably is not programs, and USDA is working with they have performed putting this bill personally involved, but it happened in his more States to establish certified pro- together. White House and administration and it grams. Mediation is a proven method of Senator COCHRAN and Senator BUMP- should not be treated as a minor mess-up by sensible and economical dispute resolu- the President or his staff. The misuse of po- ERS have an extremely difficult task tion. In producers’ disputes with lice powers by governments is as old as gov- balancing the needs of many important USDA, mediators provide the voice of ernments themselves, and something that programs funded by this bill with the reason and help all parties take a real- must be constantly guarded against. very difficult budget situation we are istic approach to the administration of The abuse of the FBI files comes at a time facing as we strive to balance the budg- Federal programs and the requirements when there are two other abuses. et. I know the committee received a One is the Senate investigation which of compliance. great number of requests to provide A group of my colleagues, both Re- spent almost $2 million, received testimony funding for programs and activities from 139 witnesses, and took more time than publicans and Democrats, joined me in any investigation of a sitting President in that are important to the agricultural a letter to Chairman COCHRAN earlier our history—longer than the Watergate or sector of our economy, and I realize this year, requesting full funding for Iran-Contra hearings. ‘‘Where there is smoke they could not possibly fund every pro- the State mediation grants program. It there must be fire’’ is an old saying, but gram or activity at the levels re- is my hope that Senate and House con- those hearing were designed to create smoke. quested. I do want to express my appre- ferees will realize the benefits of this Not only is there a product of questionable ciation for the support the committee worth, we took testimony from many indi- program and fund the State mediation has provided for the programs in this grants program at the Senate-passed viduals who never in their lives thought they bill, especially in light of their overall would testify before a Senate Committee, level of $2 million. such as secretaries. Some were terrified by allocation. Mr. President, I also want to indicate the combination of coming before a commit- I also want to express my apprecia- my support for the funding provided in tee and being on national television. tion for the help of the staff of the Ap- the Senate version of this appropria- A second abuse is the multiplying like rab- propriations Committee, Becky Davies, tions bill for the Alternative Agricul- bits of special counsels—really special pros- Hunt Shipman, Galen Fountain, and tural Research and Commercialization ecutors—with no limits on their expenses Jimmie Reynolds, for their excellent [AARC] Corporation, and express my and their ability to use huge resources from work on behalf of the chairman and hope that the conferees on this legisla- the FBI and other agencies. I voted for the ranking member. tion will be able to fund AARC at the law creating the special counsel, but now I Mr. President, at this point I would sense we need a better answer. Senate-passed level. like to comment briefly on two impor- This level of funding is justified by Since the FBI and the work of U.S. attor- tant programs, and express my desire the major opportunities for developing neys fall under the jurisdiction of the Attor- that the House-Senate conference com- ney General, my sense is that we should re- markets for alternative agricultural view the possibility of a change in how we mittee will support the programs at products, and by evidence that the structure that office. It differs from other the funding level provided in the Sen- AARC program is providing the nec- cabinet posts in its broad police and prosecu- ate bill. essary bridge from private sector re- torial responsibilities, and the recent FBI de- First, I want to express my strong search to commercialization for these bacle and the runaway habits of the special support for the funding provided in the products. AARC is a venture capital prosecutors, might provide an incentive to Senate version of this bill for the State fund designed to boost farm income by the next Congress and President to look at mediation grants program within the commercializing new uses for agricul- this question. Department of Agriculture. The Senate tural products. Recipients of AARC For example, we might have an Attorney Appropriations Committee has pro- funds repay AARC’s investment, plus a General appointed for a 10-year term, with a vided $2 million for this important pro- small bipartisan group giving the President risk charge. AARC’s system is revolu- a list of five names to choose from, and also gram, and I commend subcommittee tionary because it provides actual busi- giving him the ability to request a new list Chairman COCHRAN and Senator BUMP- ness financing and hands-on business of names if he found them unsatisfactory, ERS for including funding for this pro- and technical assistance, as well as but still requiring confirmation by the Sen- gram. Regretfully, the House of Rep- competitive research grants and links ate. And then have no special prosecutors. resentatives did not provide any fund- with the public and private sectors. This is not a criticism of Janet Reno, who ing for the State mediation grants pro- In my view, AARC has only begun to is a much-above-average Attorney General. gram. It is my hope that Senate and tap the potential for commercializing Another example of a good appointment is House conferees will realize the bene- new products in the domestic market. President Gerald Ford’s naming of Ed Levi, fits of this program and fund the State AARC promotes new industrial uses of then president of the University of Chicago. No one felt that at any time Gerald Ford mediation grants program at $2 mil- our farmers’ commodities like fiber could get Ed Levi to do anything but what he lion. board from wheat straw, windshield believed was in the best interests of the na- The State mediation program was wiper fluid from ethanol, cat litter tion. That is the way it should be. created in response to the agricultural from waste peanut hulls, and many My hope is that out of the present mini- crisis of the late 1980’s, and the pro- others. Finding new uses for our com- storms something constructive can happen. gram continues to be valuable to farm- modities and promoting value-added S8928 CONGRESSIONAL RECORD — SENATE July 25, 1996 enterprises in our rural communities One little-known fact is the gradual spread the environmental community reached com- are important ways AARC can help of democracy in Africa, some of them fledg- promise agreement on H.R. 1627, ‘‘The Food promote more jobs, higher incomes, ling democracies that deserve more encour- Quality Protection Act,’’ after several weeks and fresh opportunities in rural Amer- agement from the United States and other of negotiations. This bill represents the best nations. opportunity in a decade to modernize the ica. In AARC’s first 3 years in oper- African countries take pride in having Delaney Clause and strengthen our nation’s ation, the Center invested $22.3 million Boutros-Ghali as the Secretary-General. food laws. in 54 projects in 28 states, matched by Our opposition to him is coupled with As Americans working to produce, process more than $75 million from private other realities that they see: President Clin- and market our nation’s food supply, we urge partners—a 3 to 1 match. ton has never visited Africa. Secretary of the Senate to act promptly to pass this com- It is my hope that conferees will real- State Warren Christopher has not visited promise agreement. We applaud the an- any sub-Saharan country since he has been nouncement by the Senate Agriculture Com- ize the benefits of the AARC Corpora- Secretary, compared to 24 visits to Syria. mittee that it will markup the legislation on tion, and provide funding at the Sen- Our inattention, coupled with our unfortu- Wednesday, July 24. ate-passed level of $10 million.∑ nate open opposition to the reelection of the There is virtually unanimous agreement f Secretary-General, has not made us any that an overhaul of the outdated Delaney friends. clause for pesticide residues is long overdue. A MISSTEP BY THE UNITED f With the very limited number of legislative STATES days remaining this year, the need for action FOOD QUALITY PROTECTION ACT to accomplish that objective is now more ur- ∑ Mr. SIMON. Mr. President, the Unit- ∑ Mr. LUGAR. Mr. President, yester- gent than ever. ed States unfortunately has openly op- EPA recently proposed disallowing the use posed a second term for United Nations day the Senate gave final approval to of five pesticides on a number of crops under Secretary-General Boutros Boutros- the Food Quality Protection Act (H.R. the Delaney Clause, even though the agency Ghali. 1627). This legislation will reform the has repeatedly stated its belief that those I have written about this hard-work- scientifically outdated Delaney clause. pesticides pose no significant health risk to ing, effective leader in a column that is I ask to have printed in the RECORD let- consumers. By April 1997, EPA is due to de- termine whether to disallow up to 40 addi- sent to newspapers in Illinois, and I ters of support from commodity groups, the Food Chain Coalition, tional uses; without corrective action, farm- submit it here to call to the attention ers could lose the use of a number of safe and of my colleagues this policy that has Farm Bureau, and environmental and effective crop protection tools that keep the not made us any friends. consumer organizations as well as a American food supply abundant and afford- The column follows: letter from Senator KASSEBAUM and a able. statement from the American Crop The compromise version of ‘‘The Food A MISSTEP BY THE UNITED STATES Protection Association. Quality Protection Act’’ has received bipar- (By Senator Paul Simon) The letters follow: tisan praise from both the House and Senate, Suppose a local Rotary Club had the com- including Senate Agriculture Chairman JULY 24, 1996. munity’s most wealthy and powerful citizen, Lugar, as well as from EPA Administrator Hon. RICHARD LUGAR, Sam Smith, as a member. Imagine that the Carol Browner and Vice President Albert Chairman, Committee on Agriculture, Nutrition, Rotarians had a dues system that reflected Gore. Key Republican and Democratic lead- and Forestry, U.S. Senate, Washington, DC. the ability to pay, so that wealthy Sam ers have stated that it is their goal to see DEAR MR. CHAIRMAN: We are writing to Smith paid more in dues than any other Ro- urge you to support H.R. 1627 the ‘‘Food this legislation passed and signed into law by tarian. Quality Protection Act’’ when it is consid- the President this year. We urge its prompt To complicate the story, Sam Smith is far ered by the Committee. The effort to achieve adoption by the Committee. back in the payment of his dues, so far back food safety reform, which assures an abun- Sincerely, that the money he owes amounts to almost dant, affordable, and safe food and fiber sup- Agricultural Council of California; Agri the total budget of the club for a year. ply has been difficult, and we applaud all Bank; Agri-Mark, Inc.; Agway, Inc.; The president of the Rotary Club is up for those who worked to help reach an accept- American Bankers Association; Amer- reelection, and most of the members want able compromise. ican Crystal Sugar Company; American him reelected, but Mr. Big, Sam Smith, says It is important that farmers continue to Farm Bureau Federation; American no. have the greatest availability of crop pro- Meat Institute; American Feed Indus- How popular do you think Sam Smith duction products which are safe, affordable try Association; Apricot Producers of would be with the other Rotarians? Would and effective to ensure that they are able to California; Atlantic Dairy Cooperative; his influence rise or fall? And what will the meet the nation’s demand for food and fiber. Biscuit & Cracker Manufacturers Asso- other Rotarians do in their election of a While we had concerns initially with some ciation; Blue Diamond Growers; Cali- president? provisions in the bill, the diligent work by fornia Tomato Growers Association, The story is true. the Committee and assurances from EPA and Inc.; Californian Pear Growers; Chemi- Only the ‘‘club’’ is called the United Na- USDA that the new higher standard of pro- cal Specialties Manufacturers Associa- tions.The wealthy deadbeat member is called tection will be interpreted with common tion; Chocolate Manufacturers Associa- Sam, Uncle Sam. Most of the UN members sense and reason have reassured us that this tion; Gold Kist, Inc; Grocery Manufac- believe that Secretary General Boutros- is meaningful change. turers of America; GROWMARK; Har- Ghali is doing a good job, despite being ham- The Delaney Clause is outdated and could vest States; Independent Bakers Asso- pered by approximately $1.4 billion that the possibly cause the loss of many crop protec- ciation; International Apple Institute; United States owes but has not paid. tion products which pose no significant International Dairy Foods Association; But the United States has made clear that health or safety risk. This legislation rep- Kansas Grain and Feed Association; we want to veto his reelection as Secretary- resents the best opportunity in a decade to Kraft Foods, Incorporated; Land General. modernize the Delaney Clause and strength- O’Lakes; Michigan Agribusiness Asso- The other nations, already too often en federal food safety protection. We will ciation; Milk Marketing Inc; National unimpressed by our uncertain leadership in continue to work with you to see that the Agricultural Aviation Association; Na- foreign policy, are not pleased with what we new legislation accomplishes these goals and tional Cattlemen’s Beef Association; are doing, believing it is dictated by domes- urge prompt Senate action. National Confectioners Association; tic political considerations. Thank you for your attention to this mat- National Council of Farmer Coopera- In 1978, President Jimmy Carter designated ter. tives; National Farmers Union; Na- me as one of the delegates to a two-month Sincerely, tional Food Processors Association; session of the Untied Nations, and I have fol- American Soybean Association, National National Grain and Feed Association; lowed the UN and its work with more than Association of Wheat Growers, Na- National Grain Trade Council; Na- casual interest. tional Cotton Council of America, Na- tional Grange; National Grape Co-oper- My impression is that overall the United tional Corn Growers Association, Na- ative Association, Inc.; National Pasta Nations performs a vital service and a good tional Barley Growers Association. Association; Nebraska Cooperative job, not perfect, and that Boutros-Ghali has Council; North American Export Grain been a hard-working, effective leader—ham- FOOD CHAIN COALITION, Association; Oklahoma Grain and Feed pered in part by the United States talking to July 23, 1996. Association; Produce Marketing Asso- a great game, but not paying our dues. Hon. RICHARD G. LUGAR, ciation; Pro-Fac Cooperative; SF Serv- Egypt is the home of the Secretary-Gen- Chairman, Committee on Agriculture, Nutrition, ices, Inc.; Snack Food Association; eral, and as an Egyptian he is also an Afri- and Forestry, U.S. Senate, Hart Senate Of- South Dakota Association of Coopera- can. Africa sometimes is called ‘‘the dark fice Building, Washington, DC. tives; Southern States Cooperative; continent.’’ It is more accurately described DEAR MR. CHAIRMAN: Last week, represent- Tortilla Industry Association; USA as the ignored continent. atives of the Administration, industry and Rice Federation; United Fresh Fruit July 25, 1996 CONGRESSIONAL RECORD — SENATE S8929 and Vegetable Association; Upstate unanticipated problems stemming from reg- Delaney clause with a single safety standard Milk Cooperatives, Inc.; Utah Council ulatory and business implementation of this for pesticide residues on both raw and proc- of Farmer Cooperatives; Wisconsin legislation. On balance, however, we believe essed foods. Under the legislation, which was Agri-Service Association. that this legislation represents an improve- more than 10 years in the making, pesticides ment over current law and we support mov- will be deemed safe when they are approved July 23, 1996. ing the legislation to the Senate. by the Environmental Protection Agency as DEAR REPRESENTATIVE: Last week, the RICHARD W. NEWPHER, meeting a new, health-based safety standard, House Commerce Committee reported by a Executive Director, Washington Office. defined as a ‘‘reasonable certainty of no vote of 45–0 compromise language on H.R. harm.’’ 1627, ‘‘The Food Quality Protection Act.’’ We JULY 18, 1996. The bill mandates implementation by the congratulate Chairman Bliley, Chairman Hon. THOMAS J. BLILEY, Jr. EPA of the 1993 recommendations of the Na- Bilirakis, Mr. Dingell, Mr. Roberts, Mr. Wax- Chairman, Committee on Commerce, Rayburn tional Academy of Sciences for providing ad- man and many other members of the House House Office Building, House of Represent- ditional safeguards for infants and children. who have worked to resolve the ‘‘Delaney atives, Washington, DC. ‘‘The Academy’s recommendations have been paradox’’ and the problems it presents for DEAR MR. CHAIRMAN: The following envi- at the heart of ACPA’s fight for food safety farmers and consumers. ronmental, education, public health, and reform,’’ said Vroom. ‘‘This is particularly Although the agreement contains provi- consumer advocacy organizations would like gratifying victory for us because it assures sions we do not support, it does address to offer our support for the compromise sub- that modern, sound science will undergird many issues which are of critical importance stitute amendment for H.R. 1627, ‘‘The Food our food safety laws and that farmers will to agriculture: Quality Protection Act of 1995’’ that goes a continue to have the tools to produce the Safety Standard: The bill replaces the an- long way towards better protecting the most abundant and affordable supplies of tiquated, ‘‘zero tolerance’’ Delaney standard health of consumers from toxic pesticides on food and fiber in the world.’’ with a health-based ‘‘safe’’ standard for food their food. Regarding industry’s relationship with the pesticide residues. ‘‘Safe’’ is defined as ‘‘rea- The compromise addresses the deadlock EPA, Vroom said, ‘‘We want to continue the sonable certainly of no harm’’ which is inter- between the industry who oppose the productive working dialogue we have estab- preted as a one in a million additional life- Delaney clause and the organizations that lished with the Agency during the course of time risk. This is a standard which is essen- support better protection for children and negotiations for this legislation. For exam- tially the same as the ‘‘negligible risk’’ the public health, by establishing a com- ple, one of our hopes is to successfully con- standard in the original bill. This key provi- prehensive federal program to make pes- clude work underway by EPA, ACPA and sion removes the threat of unjustified can- ticide levels in food and the environment other registrant groups to provide additional cellation of more than 50 safe crop protec- safe for infants and children. The bill estab- user fee resources to the Agency for enhanc- tion products which are now jeopardized by lishes a health-based standard and a strict ing new product application decision mak- the Delaney Clause. timetable for pesticide tolerance setting ing.’’∑ Benefits Consideration: Tolerances could that adheres tightly to the recommendations f be exceeded to avoid a significant disruption of the 1993 National Academy of Sciences in domestic production of an adequate, Committee on Pesticides in the Diets of In- WELFARE REFORM wholesome and economical food supply or if fants and Children. the pesticide protects consumers from a Although we are pleased with the extent to ∑ Mr. BINGAMAN. Mr. President, 2 greater health risk. Benefits consideration is which the bill was changed to better protect days ago I voted against the so called broadened from current law in that it is ex- public health, we have reservations with the welfare reform bill which passed the tended from raw agricultural products to in- sections that will allow benefits consider- Senate. I wish to explain my reasons clude processed food. However, benefits con- ation for cancer-causing pesticides and pre- for that vote. sideration is limited under the agreement to emption of states rights to set more protec- 10 times a negligible risk for one year or The time has come to change the Na- tive tolerances than federal limits for pes- tion’s welfare system. We should enact more than two times a negligible risk over a ticides. We are hopeful that these provisions lifetime. Although Farm Bureau does not will be revised upon further consideration of much-needed, workable reforms, such support this new limitation, we are pleased this legislation. as requiring all able-bodied recipients that the bill preserves benefits consideration Our support for this bill is contingent upon to work, turning welfare offices into and extends it to processed food. the understanding that the bill will not be employment offices, providing ade- National Uniformity: The bill establishes changed in any way that would allow for a national uniformity for food pesticide resi- quate child care and requiring strong weakening of public health protections. dues. States could not adopt tolerances child support enforcement. While the Again we would like to extend our thanks which are more stringent than those set by bill just passed by the Senate achieves and appreciation to the members of Congress EPA, except with respect to tolerances es- some of these goals, it does so in a way and their staff who played a part in produc- tablished through benefits consideration. In ing this bill. that I believe will ultimately end up those circumstances, states would be re- Sincerely, doing more harm than good. And the quired to petition EPA and establish that American Preventative Medical Associa- damage will be done not only to inno- there was an imminent dietary risk to the tion; Center for Science in the Public cent children but to State and local public. Interest; Citizen Action; Environ- Minor Use Pesticides: It is our understand- governments and to taxpayers, who mental Working Group; National Audu- ing that the FIFRA provisions of H.R. 1627 may end up bearing even more of the bon Society; National Wildlife Federa- which have been reported by the House Agri- burden than they currently do. tion; National Parent Teacher Associa- culture Committee will be attached to the Last fall, I voted for welfare reform tion; Natural Resources Defense Coun- Commerce Committee provisions. Included cil; Physicians for Social Responsibil- legislation in the expectation that we are new incentives and streamlined proce- ity; Public Voice; World Wildlife Fund. could develop a better bill. A good bill dures for so-called ‘‘minor crop’’ chemicals— would encourage adults to work with- crop protection products whose relatively small market does not justify the high cost AMERICAN CROP PROTECTION ASSOCIATION out threatening the well-being of chil- of registration. This provision is essential to PRAISES COMPREHENSIVE FOOD SAFETY AC- dren or unduly burdening the States fruit, vegetable and horticultural growers in TION that need welfare assistance most. It virtually every state. WASHINGTON, DC, July 24, 1996.—The Amer- would enable flexible planning at the Miscellaneous Provisions: Although we ican Crop Protection Association voiced its State and local levels, without disman- support the above provisions, Farm Bureau support of the ‘‘Food Quality Protection Act tling the social safety net. has some concerns with certain provisions of of 1996,’’ a bi-partisan bill to reform the na- Unfortunately, the highly political tion’s food safety laws that Tuesday was the Committee agreement. These include environment in which we find ourselves provisions relating to estrogenic effects of passed by the House of Representatives 417– agricultural chemicals, infants and children, 0. has not permitted the development of civil penalties for food adulteration and a Jay J. Vroom, ACPA president, said, ‘‘The such a bill. The forces of reaction in ‘‘right to know’’ provision for consumers. action is an overwhelming affirmation of the our country have persuaded many that At this time, no one can determine with value and benefits of modern agricultural the main cause of our problems is wel- certainty the long-term, cumulative impact technology to the consumer, our children fare cheats and the current election of these changes on specific commodities and and the American farmer. With our allies campaign has spawned a competition on the availability of crop protectants nec- and friends across food and agriculture, the between politicians to prove their essary for farmers to produce the wide vari- crop protection industry is proud to have ety of safe, affordable and abundant agricul- helped lead the way for modern, science- machismo by getting tough. tural commodities that the public demands. based food safety reform.’’ The conference report that emerged While we support many of the reforms in this The Senate is expected shortly to follow on HR4 last fall was a worse bill than package, we also recognize that there will be the House’s lead and vote to replace the 1958 what the Senate had previously passed. S8930 CONGRESSIONAL RECORD — SENATE July 25, 1996 I joined over a quarter of the Senate bill goes far beyond those provisions. (1) in subparagraph (F) by striking out who voted for the Senate welfare re- There are over 3,000 aged or disabled ‘‘and’’ after the semicolon; form bill but rejected the changes legal immigrants receiving SSI bene- (2) in subparagraph (G) by striking out the period and inserting in lieu thereof a semi- made in the conference report. I said fits in New Mexico who may abruptly colon; and then that we should not trade in an ad- be cut off if this bill becomes law, and (3) by adding at the end the following new mittedly imperfect system for one that thousands more immigrants who have subparagraphs: is certainly not better, and perhaps no sponsor for any number of reasons ‘‘(H) $10,000,000 for fiscal year 1998; may prove much worse. The same is who may also lose benefits under this ‘‘(I) $10,000,000 for fiscal year 1999; true today. bill. ‘‘(J) $10,000,000 for fiscal year 2000; and ‘‘(K) $10,000,000 for fiscal year 2001.’’. I have been persuaded by the process In the course of this debate, the Sen- of debate and projections on the likely ate rejected an amendment that would f impact of this bill on my State that have permitted States to use funds EXTENDING MOST-FAVORED-NA- this welfare bill will do far more harm from their Federal block grant to offer TION TREATMENT FOR CAM- than good. It will cause hardship to vouchers to maintain basic non-cash BODIA State and local governments, throw benefits such as food, clothing, and Mr. MURKOWSKI. Mr. President, I more than a million more children into shelter for children if their parents’ ask unanimous consent that the Sen- poverty and hurt rather than help the benefits expire after 5 years. The re- ate proceed to the immediate consider- Nation’s efforts at true welfare reform. fusal of the Senate to allow States to The bill will clearly increase the bur- ation of calendar No. 398, H.R. 1642. provide such vouchers will hurt New The PRESIDING OFFICER. The den on States and local governments. Mexico, where one third of the children Poor States will, as always, be particu- clerk will report. less than 6 years old—almost 50,000— The legislative clerk read as follows: larly hard hit. For example, the bill re- live in families with incomes below the quires progressively more hours of A bill (H.R. 1642) to extend nondiscrim- poverty level. inatory treatment (most-favored-nation work, from a greater percent of each Ours is a great Nation, enjoying low treatment) to the products of Cambodia, and State’s case load every year, with unemployment and real prosperity. Our for other purposes. States losing cumulatively more fund- common goal is to ensure that all The PRESIDING OFFICER. Is there ing each year they fail to hit their tar- Americans willing to work hard have objection to the immediate consider- gets. While I am a strong proponent of the opportunity to share that prosper- ation of the bill? work requirements as an integral part ity. We all want to eliminate public as- There being no objection, the Senate of welfare reform, I am skeptical of sistance as a way of life while preserv- proceeded to consider the bill, which this approach. And I am not alone. The ing temporary protections for those had been reported from the Committee National Governors’ Association [NGA] truly in need of help. But we must fig- on Finance with an amendment to feels it will be very hard to meet these ure out a way to do this without deny- strike all after the enacting clause and targets, especially because the bill al- ing the basic needs of innocent children insert in lieu thereof the following: lows few exemptions for those who will for food, clothing, and shelter, and SECTION 1. CONGRESSIONAL FINDINGS. have the hardest time finding work. without driving State and local govern- The Congress finds that— And if a State fails to meet these dif- ments further into debt.∑ (1) despite recent increases in acts of re- ficult targets they lose funding for the f pression by the Cambodian Government and next year’s program. The irony of this growing government corruption that has penalty is that the punishment assures NATIONAL HISTORICAL PUBLICA- contributed to substantial environmental that the violation will occur again and TIONS AND RECORDS COMMIS- degradation, Cambodia has made some SION progress towards democratic rule after 20 again, as a State has less and less Fed- years of undemocratic regimes and civil war, eral money each year to try and meet Mr. MURKOWSKI. Mr. President, I and is striving to rebuild its market econ- their employment targets. This leaves ask unanimous consent that the Sen- omy; states with two choices—use state and ate proceed to the immediate consider- (2) extension of unconditional most-fa- local funds for education, training, and ation of calendar No. 440, S. 1577. vored-nation treatment would assist Cam- child care, or throw more people off the The PRESIDING OFFICER. The bodia in developing its economy based on roles so it will be easier to hit their clerk will report. free market principles and becoming com- The legislative clerk read as follows: petitive in the global marketplace; percentage targets. (3) establishing normal commercial rela- The nonpartisan Congressional Budg- A bill (S. 1577) to authorize appropriations tions on a reciprocal basis with Cambodia et Office has said that, over 6 years, for the National Historical Publications and will promote United States exports to the this bill falls $12 billion short of the Records Commission for fiscal years 1998, rapidly growing Southeast Asian region and funding needed to meet the work re- 1999, 2000, and 2001. expand opportunities for United States busi- quirements of this legislation, and The PRESIDING OFFICER. Is there ness and investment in the Cambodian econ- about $2.4 billion short in child care re- objection to the immediate consider- omy; and sources. New Mexico is particularly at ation of the bill? (4) expanding bilateral trade relations that risk if this bill does not live up to its There being no objection, the Senate includes a commercial agreement may pro- mote further progress by Cambodia on promise. It is one of the few States in proceeded to consider the bill. Mr. MURKOWSKI. Mr. President, I human rights and democratic rule and assist which the welfare caseload is currently Cambodia in adopting regional and world increasing, even though the benefits ask unanimous consent the bill be trading rules and principles. paid are below the national average. deemed read a third time, passed, and SEC. 2. EXTENSION OF NONDISCRIMINATORY Who will be forced to pick up the short- the motion to reconsider be laid upon TREATMENT TO THE PRODUCTS OF fall? State and local governments will. the table, and any statements relating CAMBODIA. Further, last year in New Mexico, to the bill be placed at the appropriate (a) HARMONIZED TARIFF SCHEDULE AMEND- MENT.—General note 3(b) of the Harmonized 239,000 recipients in 87,000 households place in the RECORD. The PRESIDING OFFICER. Without Tariff Schedule of the United States is relied on food stamps. About $28 billion amended by striking ‘‘Kampuchea’’. in savings realized by this bill will be objection, it is so ordered. (b) EFFECTIVE DATE.—The amendment in food stamps. Such cuts to funding The bill (S. 1577) was deemed read the made by subsection (a) applies with respect benefits erode the integrity of the safe- third time and passed, as follows: to goods entered, or withdrawn from ware- ty net. I say again that we are trading S. 1577 house for consumption, on or after the effec- in an imperfect system for one that Be it enacted by the Senate and House of Rep- tive date of a notice published in the Federal may prove much worse. resentatives of the United States of America in Register by the United States Trade Rep- Legal immigrants are clearly among Congress assembled, resentative that a trade agreement obligat- ing reciprocal most-favored-nation treat- SECTION 1. AUTHORIZATION OF APPROPRIA- those who will be hurt by passage of ment between Cambodia and the United this bill. I support the immigration bill TIONS FOR THE NATIONAL HISTORI- CAL PUBLICATIONS AND RECORDS States has entered into force. now in Congress and its effort to make COMMISSION. SEC. 3. REPORT TO CONGRESS. immigrants and their sponsors respon- Section 2504(f)(1) of title 44, United States The President shall submit to the Con- sible for immigrants’ welfare. But this Code, is amended— gress, not later than 18 months after the date July 25, 1996 CONGRESSIONAL RECORD — SENATE S8931 of the enactment of this Act, a report on the mittee amendment be agreed to, the ‘‘(iii) funds obtained directly or indirectly trade relations between the United States bill be deemed read a third time, from any Federal, State, or local government, or and Cambodia pursuant to the trade agree- passed, the motion to reconsider be any government agency or instrumentality, ex- ment described in section 2(b). cept for— laid upon the table, and any state- ‘‘(I) funds invested by an employee welfare Mr. MCCAIN. Mr. President, I am ments relating to the bill be placed at very pleased that the full Senate will benefit plan or pension plan; and the appropriate place in the RECORD. ‘‘(II) any qualified nonprivate funds (if the soon approve H.R. 1642, a bill to grant The PRESIDING OFFICER. Without investors of the qualified nonprivate funds do MFN to Cambodia. I would like to objection, it is so ordered. not control, directly or indirectly, the manage- thank the chairman of the Finance The committee amendment was ment, board of directors, general partners, or Committee for his help in seeing it agreed to. members of the licensee);’’. through. He promised to do so last Oc- (c) NEW DEFINITIONS.—Section 103 of the The bill (H.R. 1642), as amended, was Small Business Investment Act of 1958 (15 U.S.C. tober and has been true to his word. My deemed read the third time and passed. hope now is that the other body will 662) is amended by striking paragraph (10) and f inserting the following: quickly approve the minor alterations ‘‘(10) the term ‘leverage’ includes— in the findings and send the bill to the SMALL BUSINESS INVESTMENT ‘‘(A) debentures purchased or guaranteed by President for his signature. COMPANY IMPROVEMENT ACT the Administration; Traditionally, we have only re- OF 1996 ‘‘(B) participating securities purchased or stricted trade with Communist coun- guaranteed by the Administration; and tries, and since 1975, only select Com- Mr. MURKOWSKI. Mr. President, I ‘‘(C) preferred securities outstanding as of Oc- tober 1, 1995; munist countries which prevent the ask unanimous consent that the Sen- ate proceed to the immediate consider- ‘‘(11) the term ‘third party debt’ means any free emigration of their people. The indebtedness for borrowed money, other than in- only other countries with restricted ac- ation of calendar No. 455, S. 1784. The PRESIDING OFFICER. The debtedness owed to the Administration; cess to the American market are prov- ‘‘(12) the term ‘smaller enterprise’ means any en international aggressors and terror- clerk will report. small business concern that, together with its ist nations such as Iran and Iraq. Cam- The legislative clerk read as follows: affiliates— A bill (S. 1784) to amend the Small Busi- ‘‘(A) has— bodia is no longer Communist and it ‘‘(i) a net financial worth of not more than does not restrict the free emigration of ness Investment Act of 1958, and for other purposes. $6,000,000, as of the date on which assistance is its people. It is certainly not in the provided under this Act to that business con- category of rogue nations. I think the The PRESIDING OFFICER. Is there cern; and committee and the Senate has acted objection to the immediate consider- ‘‘(ii) an average net income for the 2-year pe- appropriately not to impose restric- ation of the bill? riod preceding the date on which assistance is tions on Cambodia more appropriate There being no objection, the Senate provided under this Act to that business con- proceeded to consider the bill, which cern, of not more than $2,000,000, after Federal for other eras and other nations. income taxes (excluding any carryover losses); Although it did not change the real had been reported from the Committee on Small Business with an amendment or substance of the bill, the committee ‘‘(B) satisfies the standard industrial classi- did alter the findings. I would not have to strike all after the enacting clause fication size standards established by the Ad- done so—not because I do not share and insert in lieu thereof the following: ministration for the industry in which the small Senator ROTH’s concerns or the other SECTION 1. SHORT TITLE. business concern is primarily engaged; concerns raised in the findings already This Act may be cited as the ‘‘Small Business ‘‘(13) the term ‘qualified nonprivate funds’ means any— approved by the other body. I do share Investment Company Improvement Act of 1996’’. SEC. 2. DEFINITIONS. ‘‘(A) funds directly or indirectly invested in concerns about the development of any applicant or licensee on or before August Cambodian democracy, government (a) SMALL BUSINESS CONCERN.—Section 103(5) of the Small Business Investment Act of 1958 (15 16, 1982, by any Federal agency, other than the corruption, an human rights abuses. I U.S.C. 662(5)) is amended by inserting before the Administration, under a provision of law explic- encouraged the committee not to semicolon the following: ‘‘, except that, for pur- itly mandating the inclusion of those funds in amend the bill principally because I poses of this Act, an investment by a venture the definition of the term ‘private capital’; ‘‘(B) funds directly or indirectly invested in thought it should be sent to the Presi- capital firm, investment company (including a any applicant or licensee by any Federal agency small business investment company) employee dent as quickly as possible. under a provision of law enacted after Septem- welfare benefit plan or pension plan, or trust, I should point out to my friends in ber 4, 1992, explicitly mandating the inclusion of foundation, or endowment that is exempt from Cambodia that they would do very well those funds in the definition of the term ‘private Federal income taxation— to heed the concerns expressed in the capital’; and ‘‘(A) shall not cause a business concern to be ‘‘(C) funds invested in any applicant or li- findings of this bill and in the accom- deemed not independently owned and operated; censee by one or more State or local government panying report. They are the same con- ‘‘(B) shall be disregarded in determining entities (including any guarantee extended by cerns which led to the adoption in the whether a business concern satisfies size stand- those entities) in an aggregate amount that does ards established pursuant to section 3(a)(2) of other body of H. Res. 345. Those who not exceed— pay close attention to Cambodia have the Small Business Act; and ‘‘(i) 33 percent of the private capital of the ap- been concerned about the direction of ‘‘(C) shall be disregarded in determining plicant or licensee, if such funds were committed Cambodian politics. It is true that the whether a small business concern is a smaller for investment before the date of enactment of Cambodian people have a freely elected enterprise’’. the Small Business Investment Company Im- (b) PRIVATE CAPITAL.—Section 103(9) of the provement Act of 1996; or government, freedom of speech and Small Business Investment Act of 1958 (15 U.S.C. freedom of association. It is also true, ‘‘(ii) 20 percent of the private capital of the 662(9)) is amended to read as follows: applicant or licensee, if such funds were com- however, that each of these democratic ‘‘(9) the term ‘private capital’— mitted for investment on or after the date of en- institutions has at one time or another ‘‘(A) means the sum of— actment of the Small Business Investment Com- come under attack from the coalition ‘‘(i) the paid-in capital and paid-in surplus of pany Improvement Act of 1996; government. a corporate licensee, the contributed capital of ‘‘(14) the terms ‘employee welfare benefit plan’ The Senate is today approving un- the partners of a partnership licensee, or the eq- and ‘pension plan’ have the same meanings as conditional most-favored-nation status uity investment of the members of a limited li- in section 3 of the Employee Retirement Income ability company licensee; and for Cambodia. It is only fair that it do Security Act of 1974, and are intended to in- ‘‘(ii) unfunded binding commitments, from in- clude— so. But the Cambodia Government vestors that meet criteria established by the Ad- ‘‘(A) public and private pension or retirement should be under no illusions. Granting ministrator, to contribute capital to the licensee: plans subject to such Act; and MFN to Cambodia should not be inter- Provided, That such unfunded commitments ‘‘(B) similar plans not covered by such Act preted as disinterest in the course of may be counted as private capital for purposes that have been established and that are main- Cambodian democracy. The United of approval by the Administrator of any request tained by the Federal Government or any State States Senate is committed to helping for leverage, but leverage shall not be funded or political subdivision, or any agency or instru- democracy and human rights to flour- based on such commitments; and mentality thereof, for the benefit of employees; ‘‘(B) does not include any— ‘‘(15) the term ‘member’ means, with respect to ish in Cambodia. Our efforts will not ‘‘(i) funds borrowed by a licensee from any a licensee that is a limited liability company, a end with this vote. source; holder of an ownership interest or a person oth- Mr. MURKOWSKI. Mr. President, I ‘‘(ii) funds obtained through the issuance of erwise admitted to membership in the limited li- ask unanimous consent that the com- leverage; or ability company; and S8932 CONGRESSIONAL RECORD — SENATE July 25, 1996 ‘‘(16) the term ‘limited liability company’ ness Investment Act of 1958 (15 U.S.C. 681(d)) is ing ‘‘(but only’’ and all that follows through means a business entity that is organized and repealed. ‘‘terms)’’. operating in accordance with a State limited li- SEC. 4. CAPITAL REQUIREMENTS. (b) THIRD PARTY DEBT.—Section 303(c) of the ability company statute approved by the Admin- (a) INCREASED MINIMUM CAPITAL REQUIRE- Small Business Investment Act of 1958 (15 U.S.C. istration.’’. MENTS.—Section 302(a) of the Small Business In- 683(c)) is amended to read as follows: SEC. 3. ORGANIZATION OF SMALL BUSINESS IN- vestment Act of 1958 (15 U.S.C. 682(a)) is amend- ‘‘(c) THIRD PARTY DEBT.—The Adminis- VESTMENT COMPANIES. ed by striking ‘‘(a)’’ and all that follows trator— (a) LIMITED LIABILITY COMPANIES.—Section through ‘‘The Administration shall also deter- ‘‘(1) shall not permit a licensee having out- 301(a) of the Small Business Investment Act of mine the ability of the company,’’ and inserting standing leverage to incur third party debt that 1958 (15 U.S.C. 681(a)) is amended in the first the following: would create or contribute to an unreasonable sentence, by striking ‘‘body or’’ and inserting ‘‘(a) AMOUNT.— risk of default or loss to the Federal Govern- ‘‘body, a limited liability company, or’’. ‘‘(1) IN GENERAL.—Except as provided in para- ment; and (b) ISSUANCE OF LICENSE.—Section 301(c) of graph (2), the private capital of each licensee ‘‘(2) shall permit such licensees to incur third the Small Business Investment Act of 1958 (15 shall be not less than— party debt only on such terms and subject to U.S.C. 681(c)) is amended to read as follows: ‘‘(A) $5,000,000; or such conditions as may be established by the ‘‘(c) ISSUANCE OF LICENSE.— ‘‘(B) $10,000,000, with respect to each licensee Administrator, by regulation or otherwise.’’. ‘‘(1) SUBMISSION OF APPLICATION.—Each ap- authorized or seeking authority to issue partici- (c) REQUIREMENT TO FINANCE SMALLER EN- plicant for a license to operate as a small busi- pating securities to be purchased or guaranteed TERPRISES.—Section 303(d) of the Small Business ness investment company under this Act shall by the Administration under this Act. Investment Act of 1958 (15 U.S.C. 683(d)) is submit to the Administrator an application, in a amended to read as follows: ‘‘(2) EXCEPTION.—The Administrator may, in ‘‘(d) REQUIREMENT TO FINANCE SMALLER EN- form and including such documentation as may the discretion of the Administrator and based on TERPRISES.—The Administrator shall require be prescribed by the Administrator. a showing of special circumstances and good ‘‘(2) PROCEDURES.— each licensee, as a condition of approval of an cause, permit the private capital of a licensee ‘‘(A) STATUS.—Not later than 90 days after application for leverage, to certify in writing authorized or seeking authorization to issue the initial receipt by the Administrator of an ap- that not less than 20 percent of the aggregate participating securities to be purchased or guar- plication under this subsection, the Adminis- dollar amount of the financings of the licensee anteed by the Administration to be less than trator shall provide the applicant with a written will be provided to smaller enterprises.’’. $10,000,000, but not less than $5,000,000, if the report detailing the status of the application (d) CAPITAL IMPAIRMENT REQUIREMENTS.— Administrator determines that such action and any requirements remaining for completion Section 303(e) of the Small Business Investment would not create or otherwise contribute to an of the application. Act of 1958 (15 U.S.C. 683(e)) is amended to read unreasonable risk of default or loss to the Fed- ‘‘(B) APPROVAL OR DISAPPROVAL.—Within a as follows: eral Government. reasonable time after receiving a completed ap- ‘‘(e) CAPITAL IMPAIRMENT.—Before approving ‘‘(3) ADEQUACY.—In addition to the require- plication submitted in accordance with this sub- any application for leverage submitted by a li- ments of paragraph (1), the Administrator section and in accordance with such require- censee under this Act, the Administrator— ments as the Administrator may prescribe by shall— ‘‘(1) shall determine that the private capital of regulation, the Administrator shall— ‘‘(A) determine whether the private capital of the licensee meets the requirements of section ‘‘(i) approve the application and issue a li- each licensee is adequate to assure a reasonable 302(a); and cense for such operation to the applicant if the prospect that the licensee will be operated ‘‘(2) shall determine, taking into account the requirements of this section are satisfied; or soundly and profitably, and managed actively nature of the assets of the licensee, the amount ‘‘(ii) disapprove the application and notify the and prudently in accordance with its articles; and terms of any third party debt owed by such applicant in writing of the disapproval. and licensee, and any other factors determined to be ‘‘(3) MATTERS CONSIDERED.—In reviewing and ‘‘(B) determine that the licensee will be able’’. relevant by the Administrator, that the private processing any application under this sub- (b) EXEMPTION FOR CERTAIN LICENSEES.—Sec- capital of the licensee has not been impaired to section, the Administrator— tion 302(a) of the Small Business Investment Act such an extent that the issuance of additional ‘‘(A) shall determine whether— of 1958 (15 U.S.C. 682(a)) is amended by adding leverage would create or otherwise contribute to ‘‘(i) the applicant meets the requirements of at the end the following new paragraph: an unreasonable risk of default or loss to the subsections (a) and (c) of section 302; and ‘‘(4) EXEMPTION FROM CAPITAL REQUIRE- Federal Government.’’. ‘‘(ii) the management of the applicant is MENTS.—The Administrator may, in the discre- (e) EQUITY INVESTMENT REQUIREMENT.—Sec- qualified and has the knowledge, experience, tion of the Administrator, exempt from the cap- tion 303(g)(4) of the Small Business Investment and capability necessary to comply with this ital requirements in paragraph (1) any licensee Act of 1958 (15 U.S.C. 683(g)(4)) is amended by Act; licensed under subsection (c) or (d) of section striking ‘‘and maintain’’. ‘‘(B) shall take into consideration— 301 before the date of enactment of the Small (f) FEES.—Section 303 of the Small Business ‘‘(i) the need for and availability of financing Business Investment Company Improvement Act Investment Act of 1958 (15 U.S.C. 683) is amend- for small business concerns in the geographic of 1996, if— ed— area in which the applicant is to commence ‘‘(A) the licensee certifies in writing that not (1) in subsection (b), in the fifth sentence, by business; less than 50 percent of the aggregate dollar striking ‘‘1 per centum’’, and all that follows be- ‘‘(ii) the general business reputation of the amount of its financings after the date of enact- fore the period at the end of the sentence and owners and management of the applicant; and ment of the Small Business Investment Company ‘‘(iii) the probability of successful operations inserting the following: ‘‘1 percent, plus an ad- Improvement Act of 1996 will be provided to ditional charge of .50 percent per annum which of the applicant, including adequate profit- smaller enterprises; and ability and financial soundness; and shall be paid to and retained by the Administra- ‘‘(B) the Administrator determines that— tion’’; ‘‘(C) shall not take into consideration any ‘‘(i) the licensee has a record of profitable op- projected shortage or unavailability of leverage. (2) in subsection (g)(2), by striking ‘‘1 per cen- erations; tum,’’ and all that follows before the period at ‘‘(4) EXCEPTION.— ‘‘(ii) the licensee has not committed any seri- ‘‘(A) IN GENERAL.—Notwithstanding any other the end of the paragraph and inserting the fol- ous or continuing violation of any applicable provision of this Act, the Administrator may, in lowing: ‘‘1 percent, plus an additional charge of provision of Federal or State law or regulation; the discretion of the Administrator and based on .50 percent per annum which shall be paid to and a showing of special circumstances and good and retained by the Administration’’; and ‘‘(iii) such action would not create or other- cause, approve an application and issue a li- (3) by adding at the end the following new wise contribute to an unreasonable risk of de- cense under this subsection with respect to any subsections: fault or loss to the United States Government.’’. applicant that— ‘‘(i) LEVERAGE FEE.—With respect to leverage (c) DIVERSIFICATION OF OWNERSHIP.—Section ‘‘(i) has private capital of not less than granted by the Administration to a licensee, the 302(c) of the Small Business Investment Act of $3,000,000; Administration shall collect from the licensee a ‘‘(ii) would otherwise be issued a license under 1958 (15 U.S.C. 682(c)) is amended to read as fol- nonrefundable fee in an amount equal to 3 per- this subsection, except that the applicant does lows: cent of the face amount of leverage granted to not satisfy the requirements of section 302(a); ‘‘(c) DIVERSIFICATION OF OWNERSHIP.—The the licensee, payable upon the earlier of the and Administrator shall ensure that the management date of entry into any commitment for such le- ‘‘(iii) has a viable business plan reasonably of each licensee licensed after the date of enact- verage or the date on which the leverage is projecting profitable operations and a reason- ment of the Small Business Investment Company drawn by the licensee. able timetable for achieving a level of private Improvement Act of 1996 is sufficiently diversi- ‘‘(j) CALCULATION OF SUBSIDY RATE.—All fees, capital that satisfies the requirements of section fied from and unaffiliated with the ownership of interest, and profits received and retained by 302(a). the licensee in a manner that ensures independ- the Administration under this section shall be ‘‘(B) LEVERAGE.—An applicant licensed pur- ence and objectivity in the financial manage- included in the calculations made by the Direc- suant to the exception provided in this para- ment and oversight of the investments and oper- tor of the Office of Management and Budget to graph shall not be eligible to receive leverage as ations of the licensee.’’. offset the cost (as that term is defined in section a licensee until the applicant satisfies the re- SEC. 5. BORROWING. 502 of the Federal Credit Reform Act of 1990) to quirements of section 302(a).’’. (a) DEBENTURES.—Section 303(b) of the Small the Administration of purchasing and guaran- (c) SPECIALIZED SMALL BUSINESS INVESTMENT Business Investment Act of 1958 (15 U.S.C. teeing debentures and participating securities COMPANIES.—Section 301(d) of the Small Busi- 683(b)) is amended in the first sentence, by strik- under this Act.’’. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8933

SEC. 6. LIABILITY OF THE UNITED STATES. (2) CONTENTS.—The plan submitted under (8) in section 509— Section 308(e) of the Small Business Invest- paragraph (1) shall include a timetable for liq- (A) in subsection (a)(1), by striking the second ment Act of 1958 (15 U.S.C. 687(e)) is amended uidating the liquidation portfolio of small busi- sentence; and by striking ‘‘Nothing’’ and inserting ‘‘Except as ness investment company assets owned by the (B) in subsection (e)(1)(B), by striking ‘‘sub- expressly provided otherwise in this Act, noth- Administration, and shall contain the Adminis- section (c) or (d) of section 301’’ and inserting ing’’. trator’s findings and recommendations on var- ‘‘section 301’’. SEC. 7. EXAMINATIONS; VALUATIONS. ious options providing for the fair and expedi- (b) AMENDMENT IN OTHER LAW.—Section 11(h) of the Federal Home Loan Bank Act (12 U.S.C. (a) EXAMINATIONS.—Section 310(b) of the tious liquidation of such assets within a reason- Small Business Investment Act of 1958 (15 U.S.C. able period of time, giving due consideration to 1431(h)) is amended by striking ‘‘301(d)’’ and in- 687b(b)) is amended in the first sentence by in- the option of entering into one or more contracts serting ‘‘301’’. serting ‘‘which may be conducted with the as- with private sector entities having the capability SEC. 11. AMENDMENTS TO THE SMALL BUSINESS sistance of a private sector entity that has both to carry out the orderly liquidation of similar ACT. (a) POWERS OF THE ADMINISTRATOR.—Section the qualifications to conduct and expertise in assets. 5(b)(7) of the Small Business Act (15 U.S.C. conducting such examinations,’’ after ‘‘Invest- SEC. 9. BOOK ENTRY REGISTRATION. 634(b)(7)) is amended by striking the colon and ment Division of the Administration,’’. Subsection 321(f) of the Small Business Invest- all that follows before the semicolon at the end (b) VALUATIONS.—Section 310(d) of the Small ment Act of 1958 (15 U.S.C. 687l) is amended by of the paragraph and inserting the following: ‘‘: Business Investment Act of 1958 (15 U.S.C. adding at the end the following new paragraph: Provided, That with respect to deferred partici- 687b(d)) is amended to read as follows: ‘‘(5) Nothing in this subsection shall prohibit pation loans, the Administrator may, in the dis- ‘‘(d) VALUATIONS.— the utilization of a book entry or other elec- cretion of and pursuant to regulations promul- ‘‘(1) FREQUENCY OF VALUATIONS.— tronic form of registration for trust certifi- gated by the Administrator, authorize partici- ‘‘(A) IN GENERAL.—Each licensee shall submit cates.’’. to the Administrator a written valuation of the pating lending institutions to take actions relat- SEC. 10. TECHNICAL AND CONFORMING AMEND- ing to loan servicing on behalf of the Adminis- loans and investments of the licensee not less MENTS. trator, including determining eligibility and often than semiannually or otherwise upon the (a) SMALL BUSINESS INVESTMENT ACT OF creditworthiness and loan monitoring, collec- request of the Administrator, except that any li- 1958.—The Small Business Investment Act of tion, and liquidation’’. censee with no leverage outstanding shall sub- 1958 (15 U.S.C. 661 et seq.) is amended— mit such valuations annually, unless the Ad- (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- (1) in section 303— tion 20(p)(3) of the Small Business Act (15 ministrator determines otherwise. (A) in subsection (a), by striking ‘‘debenture U.S.C. 631 note) is amended by striking subpara- ‘‘(B) MATERIAL ADVERSE CHANGES.—Not later bonds,’’ and inserting ‘‘securities,’’; graph (B) and inserting the following: than 30 days after the end of a fiscal quarter of (B) by striking subsection (f) and inserting the a licensee during which a material adverse ‘‘(B) $300,000,000 in guarantees of debentures; following: and’’. change in the aggregate valuation of the loans ‘‘(f) REDEMPTION OR REPURCHASE OF PRE- SEC. 12. EFFECTIVE DATE. and investments or operations of the licensee oc- FERRED STOCK.—Notwithstanding any other This Act and the amendments made by this curs, the licensee shall notify the Administrator provision of law— Act shall become effective on the date of enact- in writing of the nature and extent of that ‘‘(1) the Administrator may allow the issuer of ment of this Act. change. any preferred stock sold to the Administration ‘‘(C) INDEPENDENT CERTIFICATION.— before November 1, 1989 to redeem or repurchase Mr. BOND. Mr. President, I rise ‘‘(i) IN GENERAL.—Not less than once during such stock, upon the payment to the Adminis- today in support of S. 1784, The Small each fiscal year, each licensee shall submit to tration of an amount less than the par value of Business Investment Company Im- the Administrator the financial statements of such stock, for a repurchase price determined by provement Act of 1996. This bill pro- the licensee, audited by an independent certified the Administrator after consideration of all rel- poses numerous changes to the Small public accountant approved by the Adminis- evant factors, including— trator. Business Investment Act of 1958 de- ‘‘(A) the market value of the stock; signed to improve, strengthen, and ex- ‘‘(ii) AUDIT REQUIREMENTS.—Each audit con- ‘‘(B) the value of benefits provided and antici- ducted under clause (i) shall include— pated to accrue to the issuer; pand the availability of investment ‘‘(I) a review of the procedures and docu- ‘‘(C) the amount of dividends paid, accrued, capital under the Small Business mentation used by the licensee in preparing the and anticipated; and Administrations’s Small Business In- valuations required by this section; and ‘‘(D) the Administrator’s estimate of any an- vestment Company (SBIC) program. ‘‘(II) a statement by the independent certified ticipated redemption; and S. 1784 builds on the improvements of public accountant that such valuations were ‘‘(2) any moneys received by the Administra- the SBIC program contained in the law prepared in conformity with the valuation cri- tion from the repurchase of preferred stock shall passed by Congress in 1992 by making teria applicable to the licensee established in ac- be available solely to provide debenture leverage the following changes to reduce the cordance with paragraph (2). to licensees having 50 percent or more in aggre- ‘‘(2) VALUATION CRITERIA.—Each valuation gate dollar amount of their financings invested risk of SBIC defaults and losses to the submitted under this subsection shall be pre- in smaller enterprises.’’; and Federal government: pared by the licensee in accordance with valu- (C) in subsection (g)(8)— 1. Increases the level of private cap- ation criteria, which shall— (i) by striking ‘‘partners or shareholders’’ and ital needed to obtain an SBIC license ‘‘(A) be established or approved by the Admin- inserting ‘‘partners, shareholders, or members’’; from SBA. istrator; and (ii) by striking ‘‘partner’s or shareholder’s’’ 2. Requires experienced and qualified ‘‘(B) include appropriate safeguards to ensure and inserting ‘‘partner’s, shareholder’s, or mem- management for all SBICs. that the noncash assets of a licensee are not ber’s’’; and 3. Requires diversification between overvalued.’’. (iii) by striking ‘‘partner or shareholder’’ and investors and the management team. SEC. 8. TRUSTEE OR RECEIVERSHIP OVER LI- inserting ‘‘partner, shareholder, or member’’; In addition, S. 1784 makes these im- CENSEES. (2) in section 308(h), by striking ‘‘subsection portant changes to the Small Business (a) FINDING.—It is the finding of the Congress (c) or (d) of section 301’’ each place that term that increased recoveries on assets in liquidation appears and inserting ‘‘section 301’’; Investment Act to increase the avail- under the Small Business Investment Act of 1958 (3) in section 310(c)(4), by striking ‘‘not less ability of investment capital to small are in the best interests of the Federal Govern- than four years in the case of section 301(d) li- businesses: ment. censees and in all other cases,’’; 1. Increases fees paid by SBICs which (b) DEFINITIONS.—For purposes of this sec- (4) in section 312— reduces the credit subsidy rate. tion— (A) by striking ‘‘shareholders or partners’’ 2. Eliminates the distinction between (1) the term ‘‘Administrator’’ means the Ad- and inserting ‘‘shareholders, partners, or mem- SBICs and SSBICs, while ministrator of the Small Business Administra- bers’’; and grandfathering’’ successful SSBICs into tion; (B) by striking ‘‘shareholder, or partner’’ each the new program. (2) the term ‘‘Administration’’ means the place that term appears and inserting ‘‘share- Small Business Administration; and holder, partner, or member’’; 3. Places a greater emphasis on SBIC (3) the term ‘‘licensee’’ has the same meaning (5) by striking sections 317 and 318, and redes- investments in smaller enterprises or as in section 103 of the Small Business Invest- ignating sections 319 through 322 as sections 317 smaller small businesses. ment Act of 1958. through 320, respectively; In 1958, Congress first approved the (c) LIQUIDATION PLAN.— (6) in section 319, as redesignated— Small Business Investment Act creat- (1) IN GENERAL.—Not later than October 15, (A) in subsection (a), by striking ‘‘, including ing Small Business Investment Compa- 1996, the Administrator shall submit to the Com- companies operating under the authority of sec- nies, which are private investment mittees on Small Business of the Senate and the tion 301(d),’’; and companies licensed by SBA, whose sole House of Representatives a detailed plan to ex- (B) in subsection (f)(2), by inserting ‘‘or in- pedite the orderly liquidation of all licensee as- vestments in obligations of the United States’’ activity is to make investments in sets in liquidation, including assets of licensees after ‘‘accounts’’; small businesses. An SBIC raises pri- in receivership or in trust held by or under the (7) in section 320, as redesignated, by striking vate capital which is matched by addi- control of the Administration or its agents. ‘‘section 321’’ and inserting ‘‘section 319’’; and tional funds guaranteed by SBA. The S8934 CONGRESSIONAL RECORD — SENATE July 25, 1996 private capital and SBA-guaranteed private capital and participating secu- program to meet their demand for cap- funds are invested by SBICs in small rity SBICs must have $10 million in ital. businesses. private capital. During the past year, the Committee SBICs fill a void that is not addressed Since the 1992 Act has created two on Small Business has received a great by private venture capital firms, most distinct types of SBICs, it allows for deal of information about the need to of which are so large they are usually investments to be tailored to meet the strengthen the SBIC program. In July unwilling to make investments in needs of small businesses. For example, 1995, Patricia Cloherty, Chair of SBA’s smaller firms, which generally seek in- when a small business needs a loan and private sector SBIC Reinvention Coun- vestments in the range of $500,000 to can meet projected interest payments, cil, testified on the Council’s rec- $2.5 million each. Since the beginning the traditional lending-type or deben- ommendations to strengthen and ex- of the SBIC program, nearly $12 billion ture SBICs are available to make debt pand the program. In addition, last has been invested in approximately investments. For small businesses that summer the National Association of In- 77,000 small businesses. Some SBICs need non-interest bearing investment vestment Companies forwarded to the make equity investments in small capital, the participating security Committee on Small Business a copy of businesses, while others make long- SBICs can offer an equity-type invest- their recommendations to improve the term loans, which are frequently cou- ment which anticipates an extended pe- SSBIC program, which was also sub- pled with rights to purchase an equity riod of time, such as two to three mitted to SBA’s SSBIC Advisory Coun- interest in the company, sometimes years, before the small business is ex- cil. called warrants’’. The lending-type’’ or pected to begin repayment of this in- The involvement of the private sec- debenture SBICs provide long-term fi- vestment. In this latter case, interest tor in analyzing the performance of the SBIC program and the insight provided nancing that is generally not available payments are deferred until the invest- by these recommendations are com- from banks or private venture capital ments begin to generate a positive re- mendable - and very helpful to this firms. turn. Under the Participating Security Today, there are 185 active regular program, the Federal government’s re- Committee. In 1995, the SBIC Reinven- tion Council recommended that new SBICs and 89 Specialized SBICs turn is not limited to repayment of fees be imposed to lower the credit sub- (SSBICs) in the SBIC program. SSBICs principal and interest—it can also sidy rate so that the program can pro- invest only in minority owned and con- share in the profits of the SBIC. vide a significant increase in leverage trolled businesses. Together, these During this Congress, I have chaired to licensed SBICs. It also recommended SBICs and SSBICs have raised nearly three hearings investigating the suc- cess and problems associated with the certain administrative changes to im- $4 billion in private capital and have prove the management and operations received $1.02 billion in SBA-guaran- SBIC program. Testimony before the Senate Committee on Small Business of the SBIC program. teed funds. The National Association of Invest- has been supportive and positive. Nu- Today’s SBIC program has been ment Companies (NAIC), which rep- merous small business entrepreneurs shaped in large part by the Small Busi- resents SSBICs, also recommended in have testified about their inability to ness Equity Enhancement Act of 1992. 1995 that all statutory and regulatory obtain investment capital from banks The genesis of this important legisla- distinctions between SBICs and SSBICs and other traditional investment tion resulted from the hard work of be eliminated, including the deletion of sources, and SBICs are frequently their SBA’s Investment Capital Advisory all references to social or economic dis- Council, a public-private working only source of investment capital. Last advantage’’ from the Small Business group formed in 1991 to address the year, Jerry Johnson, the Chief Execu- Investment Act. NAIC proposed creat- problems confronting the SBIC pro- tive Officer of Williams Brothers Lum- ing a single, combined SBIC program gram. The 1992 Act produced the first ber Co. located near Atlanta, testified that would retain an important focus major change in the SBIC program that not one bank in the Atlanta area on investments in small business at the since it’s formation in 1958. It created would speak with him about asset- smaller end of the eligible size stand- the Participating Security program, based lending. After a lengthy search, ards. They recommended sensible im- which incorporates some of the best he and his partner turned to Allied provements to make more investment practices of the private venture capital Capital Corp., a Washington, D.C.- capital available to more small busi- industry. The 1992 act came about in based SBIC. Within 60 days of their nesses and proposed to remove the cur- response to the persistence of my good first contact with Allied Capital Corp., rent restrictions that prohibit Special- friend and colleague from Arkansas, Mr. Johnson was able to conclude his ized SBICs from investing in companies Senator BUMPERS, who as chairman of financing arrangement. Being able to not owned by socially or economically the Committee on Small Business held clear this financing hurdle with the disadvantaged persons. S. 1784 includes a series of hearings focusing attention help of an SBIC, Mr. Johnson’s com- many of their recommendations. on the problems under the program. pany has grown significantly, adding NEW FEES FOR SBICS The result of the Act was to strengthen many new employees and increasing its The President’s FY 1997 budget re- the SBIC program and to correct seri- tax base. quest included a recommendation that ous weaknesses that had been exposed Often, we hear about major success fees paid by SBICs be increased to fi- by well publicized problems of the past. stories like Federal Express and the nance a significant reduction in the Since the 1992 Act became law, more Callaway golf club co. that received credit subsidy rate. The Office of Man- than 30 new participating security SBIC funding at critical times in their agement and Budget, recognizing the SBICs with nearly $500 million in pri- early growth stages. It is, however, far positive effect of some of the regu- vate capital have been licensed by more likely that businesses like the latory changes already implemented by SBA, and 17 new SBICs with over $200 Williams Brothers Lumber Co. will be SBA, now is using a lower projected de- million of private capital have been li- the typical beneficiaries of the SBIC fault rate, thereby reducing the credit censed as debenture SBICs. program. These are ‘‘Main Street’’ en- subsidy rate for debenture and partici- There is a significant difference be- terprises located across America who pating security licensees under the tween the SBICs licensed before the have looked to traditional money SBIC program. 1992 Act and the SBICs licensed under sources and been turned away. The The Administration’s recommenda- the more strict guidelines set forth SBIC program is filling this niche—a tion to lower the credit subsidy rate by under the 1992 Act. While the 1992 Act large niche to say the least—that picks increasing fees is similar to one made increased the minimum private capital up where banks fear to tread and Wall last year in their amended FY 1996 threshold for licensing to $2.5 million Street is not interested because the in- budget request for the 7(a) Guaranteed for each debenture SBIC and $5 million vestment size is too small. There are Business Loan Program. Accompany- for each new participating security thousands of companies like Williams ing their request for a fee increase were SBIC, SBA has imposed even more Brothers Lumber Company across the statements by SBA about how well the strict standards in its regulations. country that need investment financ- 7(a) program was performing. Under the SBA rules, debenture SBICs ing to support growth and new jobs and What happened following SBA’s posi- must have a minimum of $5 million in have nowhere to turn but to the SBIC tive predictions for the 7(a) program July 25, 1996 CONGRESSIONAL RECORD — SENATE S8935 has been alarming. Based in part on were unusual. It is clear to me that liability company’’ as the one of the business SBA’s glowing report card on the 7(a) without incentives to complete action entities that can qualify to be an SBIC. Cur- program, Congress passed legislation to on these SBICs in receivership, the cur- rent statute allows corporations and part- nerships to be SBICs. The ‘‘limited liability raise fees and lower the subsidy rates rent system used by SBA will allow company’’ is a relatively new business entity of the program. The changes became these abuses to continue. Although the that is being organized for raising venture law in October 1995, which is about the Committee did not reach a consensus capital. same time SBA and OMB were begin- on my proposal to create an incentive SECTION 3. ORGANIZATION OF SMALL BUSINESS ning to work on their most recent based system to improve recoveries INVESTMENT COMPANIES budget request which raises the 7(a) from SBICs in receivership, we will This bill includes provisions to speed up credit subsidy rate by 150% and the continue to monitor SBA’s perform- the processing of applications from business cost of the program by $180 million. ance closely in this area. entities who want to be licensed by SBA as This higher cost is the direct result of For several months starting late last an SBIC. It requires SBA to provide the ap- greater losses from loan defaults and plicant with a written report detailing sta- year, the Committee worked on draft tus of the application within 90 days of re- lower recoveries from liquidations. legislation to strengthen and enhance ceipt of the application. In addition it states As Chairman of the Committee on the SBIC program. S. 1784, the Small that no application can be denied because Small Business, I believe it is prudent Business Investment Company Im- Congress has not appropriated sufficient for Congress to take steps so that we provement Act of 1996, is the result. It funds to meet leverage demands. do not allow a repeat of the 7(a) prob- incorporates recommendations from This bill also permits SBA to approve a lem with the SBIC program. Based on SBA’s SBIC Reinvention Council, the new license applicant which has not less than $3 million in private capital so long as our experience last year, Congress National Association of Investment should not approve any decrease in the the applicant meets all other licensing re- Companies, the National Association of quirements. Once approved as a licensee, credit subsidy rate through the in- Small Business Investment Companies, however, the SBIC would not be eligible for crease of fees without taking some cor- and the President’s FY 1997 budget re- leverage until its private capital reaches $5 responding steps to strengthen the quest. million. safety and soundness of the SBIC pro- S. 1784 was approved by the Senate Section 301(d) of the Small Business In- gram. Committee on Small Business by a vestment Company Act of 1958 is repealed. SECTION 4. CAPITAL REQUIREMENTS SBICS IN LIQUIDATION unanimous 18–0 vote. It makes substan- In addition, evidence before the Com- tial progress toward our goal of Under this bill, the minimum capital re- mittee on Small Business about the quirements for new license applicants is in- strengthening the SBIC program, while creased. To be a debenture licensee, new ap- failure of SBA to maximize its recover- allowing the program to expand, pro- plicants must have $5 million in private cap- ies from failed SBICs is alarming. SBA viding more investment capital to ital. To be a participating security licensee, acknowledges there are assets with a small businesses as the cost and risk to new applicants must have $10 million in pri- value of approximately $500 million the government declines. It was only vate capital; however, SBA is given the dis- tied up with SBICs in liquidation. To after nearly 18 months of study and in- cretion to approve a participating security make this situation even more alarm- vestigation that we were able to applicant if it has less than $10 million but ing, many of these failed SBICs have more than $5 million so long as SBA deter- produce such a bill. S. 1784 is sound leg- mines that approval of that applicant would been in liquidation for over ten years, islation that improves the safety and not create or otherwise contribute to an un- including one that was transferred into soundness of the SBIC program and reasonable risk of default or loss to the fed- liquidation on January 5, 1967. makes more investment capital avail- eral government. S. 1784 directs SBA to submit to the able to small businesses. And it accom- This bill also grandfathers existing licens- Senate and House Committees on plishes all of these goals while reduc- ees in the program and includes provisions Small Business, no later than October ing the risk of loss to the government. under which they will be exempt from the in- creased capital requirement. Licensees with 15, 1996, a detailed plan to expedite the It is for these reasons that I rec- orderly liquidation of all licensee as- a record of regulatory compliance and profit- ommend to my colleagues that they able operations will continue to be eligible sets in liquidation. This plan should in- vote in favor of S. 1784. for leverage, based upon the exercise of SBA clude a timetable for liquidating the Mr. President, I ask unanimous con- discretion. Any licensee which continues to liquidation portfolio of assets owned by sent that a section-by-section analysis receive leverage under this exemption must SBA. of this bill be printed in the RECORD. certify that 50% of its aggregate dollar in- In addition, SBA needs to take a hard There being no objection, the mate- vestments are going to smaller enterprises. The bill directs SBA to ensure that each li- look at how it manages failed SBICs rial was ordered to be printed in the that are in receivership. It is not a suf- censee licensed after enactment of this bill RECORD, as follows: maintains diversification between the man- ficient explanation for SBA to claim it SECTION-BY-SECTION ANALYSIS agement and ownership of the licensee. This is at the mercy of the court system in SECTION 1. SHORT TITLE is a safety and soundness measure design to winding up the affairs of SBICs in re- This Act may be cited as the ‘‘Small Busi- maintain independence and objectivity in the financial management and oversight of ceivership. In each case, the court acts ness Investment Company Improvement Act the investment and operations of the SBIC. in response to SBA’s petition, has of 1996’’. SECTION 5. BORROWING named SBA the receiver, and SBA has SECTION 2. DEFINITIONS retained independent contractors to This provision requires SBA to regulate The definition of ‘‘small business concern’’ SBICs closely to ensure that they do not act as principal agents for the receiver- is amended to make clear that investments ship. These principal agents are paid incur excessive third party debt which would from venture capital firms or pension plans create or contribute to an unreasonable risk hourly and appear to have little or no in small businesses do not affect the small of default or loss to federal government. In incentive to wind up the affairs of an business’ size standard as set forth under the addition, this provision requires that each SBIC. In fact, the opposite is true, and Small Business Act. SBIC, regardless of its size, invest at least the real incentive appears to be to drag A new term, ‘‘smaller enterprise’’ is in- 20% of its aggregate dollar investments in out the receivership as long as possible. cluded in the Act. A smaller enterprise is a smaller enterprises. business with net financial worth no greater This section also requires SBA to ensure Based on SBA replies to requests for than $6 million and an average net income of information from the Committee on that no SBIC receives leverage when it is no more than $2 million. under capital impairment. This will be a Small Business, we have learned that ‘‘Qualified non-private funds’’ are defined judgment call by SBA which will take in to these principal receivers agents bill as funds invested by state or local govern- consideration the nature of assets of the significant hours each year. In FY 1995, ments in SSBIC’s. The bill limits the amount SBIC and the amount and terms of any third one principal agent billed over 3,200 of qualified private, non-private funds that party debt owed by the SBIC. hours for one year, the equivalent of can be included in the private capital of an This section also includes two increases in over 8 hours per day for 365 days. Other SBIC. No more than 20% of private capital fees to be paid by SBICs to SBA. First, SBICs can be qualified non-private funds invested would pay an annual charge of 50 basis point principal agents billed over 2,500 hours on or after June 30, 1996. 33% of private cap- on the value of all outstanding leverage each for FY 1995. ital can be from these funds if invested prior granted after the effective date. In addition, At the time of the Committee’s in- to June 30, 1996. the non-refundable up-front fee which is cur- quiry into these billing practices, SBA For the first time, the Small Business In- rently 2% would be increased to 3% of new gave no indication that it felt they vestment Act is amended to include ‘‘limited leverage amounts. S8936 CONGRESSIONAL RECORD — SENATE July 25, 1996 SECTION 6. LIABILITY OF THE UNITED STATES Mr. MURKOWSKI. Mr. President, I ‘‘(10) the term ‘leverage’ includes— This section restates and clarifies the lim- ask unanimous consent that the com- ‘‘(A) debentures purchased or guaranteed its of liability on SBA under this program. mittee substitute, as amended, be by the Administration; SECTION 7, EXAMINATIONS; VALUATIONS agreed to, the bill be deemed read a ‘‘(B) participating securities purchased or guaranteed by the Administration; and This is a section designed to improve the third time, passed, and the motion to ‘‘(C) preferred securities outstanding as of examination and oversight function of SBA reconsider be laid upon the table, and to enhance the safety and soundness of the October 1, 1995; any statement relating to the bill be ‘‘(11) the term ‘third party debt’ means any program. It requires each SBIC to adopt placed at the appropriate place in the valuation criteria set forth by SBA to be indebtedness for borrowed money, other than used for establishing the values of loans and RECORD. indebtedness owed to the Administration; investments of each SBIC. This section re- The PRESIDING OFFICER. Without ‘‘(12) the term ‘smaller enterprise’ means quires that an independent certified account- objection, it is so ordered. any small business concern that, together ant approved by SBA review these valuations The committee amendment was with its affiliates— at least once a year to ensure that these re- agreed to. ‘‘(A) has— quirements are being met. The bill (S. 1784), as amended, was ‘‘(i) a net financial worth of not more than $6,000,000, as of the date on which assistance SECTION 8. TRUSTEE OR RECEIVERSHIP OVER deemed read the third time and passed, is provided under this Act to that business LICENSEES as follows: concern; and This section states that it is the finding of S. 1784 ‘‘(ii) an average net income for the 2-year the Congress that increased recoveries of as- Be it enacted by the Senate and House of Rep- period preceding the date on which assist- sets in liquidation under the SBIC program resentatives of the United States of America in ance is provided under this Act to that busi- are in the best interest of the Federal Gov- Congress assembled, ness concern, of not more than $2,000,000, ernment. Not later than October 15, 1996, SECTION 1. SHORT TITLE. after Federal income taxes (excluding any SBA is directed to submit to the Senate and This Act may be cited as the ‘‘Small Busi- carryover losses); or House Committees on Small Business a de- ness Investment Company Improvement Act ‘‘(B) satisfies the standard industrial clas- tailed plan to expedite the orderly liquida- of 1996’’. sification size standards established by the tion of all licensee assets in liquidation. This Administration for the industry in which the plan in to include a timetable for liquidating SEC. 2. DEFINITIONS. (a) SMALL BUSINESS CONCERN.—Section small business concern is primarily engaged; the liquidation portfolio of assets owned by 103(5) of the Small Business Investment Act ‘‘(13) the term ‘qualified nonprivate funds’ SBA. of 1958 (15 U.S.C. 662(5)) is amended by insert- means any— SECTION 9. BOOK ENTRY REGISTRATION ing before the semicolon the following: ‘‘, ex- ‘‘(A) funds directly or indirectly invested This section permits the use of electronic cept that, for purposes of this Act, an invest- in any applicant or licensee on or before Au- means for registration of trust certificates. ment by a venture capital firm, investment gust 16, 1982, by any Federal agency, other SECTION 10. TECHNICAL AND CONFORMING company (including a small business invest- than the Administration, under a provision AMENDMENTS ment company) employee welfare benefit of law explicitly mandating the inclusion of An SBIC preferred stock buy back program plan or pension plan, or trust, foundation, or those funds in the definition of the term ‘pri- was authorized by Congress effective Novem- endowment that is exempt from Federal in- vate capital’; ber 1, 1989. This bill directs that any monies come taxation— ‘‘(B) funds directly or indirectly invested received by SBA under this repurchase pro- ‘‘(A) shall not cause a business concern to in any applicant or licensee by any Federal gram shall be used solely to guarantee de- be deemed not independently owned and op- agency under a provision of law enacted benture leverage for SBICs that maintain an erated; after September 4, 1992, explicitly mandating investment protfolio with 50% of its invest- ‘‘(B) shall be disregarded in determining the inclusion of those funds in the definition ments in smaller enterprises. whether a business concern satisfies size of the term ‘private capital’; and ‘‘(C) funds invested in any applicant or li- SECTION 11. AUTHORIZATION OF APPROPRIATIONS standards established pursuant to section censee by one or more State or local govern- This section increases the authorization 3(a)(2) of the Small Business Act; and ‘‘(C) shall be disregarded in determining ment entities (including any guarantee ex- for debenture leverage from $200 million to tended by those entities) in an aggregate $300 million for FY 1997. whether a small business concern is a small- er enterprise’’. amount that does not exceed— SECTION 12. EFFECTIVE DATE (b) PRIVATE CAPITAL.—Section 103(9) of the ‘‘(i) 33 percent of the private capital of the This Act and any amendments will become Small Business Investment Act of 1958 (15 applicant or licensee, if such funds were effective on the date of enactment. U.S.C. 662(9)) is amended to read as follows: committed for investment before the date of SECTION 13. EXTENSION OF SMALL BUSINESS ‘‘(9) the term ‘private capital’— enactment of the Small Business Investment COMPETITIVENESS DEMONSTRATION PROGRAM ‘‘(A) means the sum of— Company Improvement Act of 1996; or This section provides for a one year exten- ‘‘(i) the paid-in capital and paid-in surplus ‘‘(ii) 20 percent of the private capital of the sion of the Small Business Competitiveness of a corporate licensee, the contributed cap- applicant or licensee, if such funds were Demonstration Program Act, which would ital of the partners of a partnership licensee, committed for investment on or after the otherwise expire on September 30, 1996. or the equity investment of the members of date of enactment of the Small Business In- vestment Company Improvement Act of 1996; AMENDMENT NO. 5090 a limited liability company licensee; and ‘‘(14) the terms ‘employee welfare benefit Mr. MURKOWSKI. Mr. President, I ‘‘(ii) unfunded binding commitments, from investors that meet criteria established by plan’ and ‘pension plan’ have the same mean- understand there is an amendment at the Administrator, to contribute capital to ings as in section 3 of the Employee Retire- the desk offered by Senators BOND and the licensee: Provided, That such unfunded ment Income Security Act of 1974, and are BUMPERS. I ask for its immediate con- commitments may be counted as private intended to include— sideration. capital for purposes of approval by the Ad- ‘‘(A) public and private pension or retire- The PRESIDING OFFICER. The ministrator of any request for leverage, but ment plans subject to such Act; and clerk will report. leverage shall not be funded based on such ‘‘(B) similar plans not covered by such Act The legislative clerk read as follows: commitments; and that have been established and that are ‘‘(B) does not include any— maintained by the Federal Government or The Senator from Alaska [Mr. MURKOW- ‘‘(i) funds borrowed by a licensee from any any State or political subdivision, or any SKI], for Mr. BOND, for himself, and Mr. source; agency or instrumentality thereof, for the BUMPERS, proposes an amendment numbered ‘‘(ii) funds obtained through the issuance benefit of employees; 5090. ‘‘(15) the term ‘member’ means, with re- On page 49, line 4, add the following new of leverage; or spect to a licensee that is a limited liability section: ‘‘(iii) funds obtained directly or indirectly from any Federal, State, or local govern- company, a holder of an ownership interest SEC 13, EXTENSION OF SMALL BUSINESS COM- or a person otherwise admitted to member- PETITIVENESS DEMONSTRATION ment, or any government agency or instru- PROGRAM mentality, except for— ship in the limited liability company; and Section 711(c) of the Small Business Com- ‘‘(I) funds invested by an employee welfare ‘‘(16) the term ‘limited liability company’ petitiveness Demonstration Program Act of benefit plan or pension plan; and means a business entity that is organized 1988 (15 U.S.C. 644 note) is amended by strik- ‘‘(II) any qualified nonprivate funds (if the and operating in accordance with a State ing ‘‘September 30, 1996’’ and inserting ‘‘Sep- investors of the qualified nonprivate funds limited liability company statute approved tember 30, 1997’’. do not control, directly or indirectly, the by the Administration.’’. management, board of directors, general Mr. MURKOWSKI. Mr. President, I SEC. 3. ORGANIZATION OF SMALL BUSINESS IN- partners, or members of the licensee);’’. VESTMENT COMPANIES. ask unanimous consent that the (c) NEW DEFINITIONS.—Section 103 of the amendment be agreed to. Small Business Investment Act of 1958 (15 (a) LIMITED LIABILITY COMPANIES.—Section The amendment (No. 5090) was agreed U.S.C. 662) is amended by striking paragraph 301(a) of the Small Business Investment Act to. (10) and inserting the following: of 1958 (15 U.S.C. 681(a)) is amended in the July 25, 1996 CONGRESSIONAL RECORD — SENATE S8937 first sentence, by striking ‘‘body or’’ and in- SEC. 4. CAPITAL REQUIREMENTS. U.S.C. 683(b)) is amended in the first sen- serting ‘‘body, a limited liability company, (a) INCREASED MINIMUM CAPITAL REQUIRE- tence, by striking ‘‘(but only’’ and all that or’’. MENTS.—Section 302(a) of the Small Business follows through ‘‘terms)’’. (b) ISSUANCE OF LICENSE.—Section 301(c) of Investment Act of 1958 (15 U.S.C. 682(a)) is (b) THIRD PARTY DEBT.—Section 303(c) of the Small Business Investment Act of 1958 amended by striking ‘‘(a)’’ and all that fol- the Small Business Investment Act of 1958 (15 U.S.C. 681(c)) is amended to read as fol- lows through ‘‘The Administration shall also (15 U.S.C. 683(c)) is amended to read as fol- lows: determine the ability of the company,’’ and lows: ‘‘(c) ISSUANCE OF LICENSE.— inserting the following: ‘‘(c) THIRD PARTY DEBT.—The Adminis- ‘‘(1) SUBMISSION OF APPLICATION.—Each ap- ‘‘(a) AMOUNT.— plicant for a license to operate as a small ‘‘(1) IN GENERAL.—Except as provided in trator— business investment company under this Act paragraph (2), the private capital of each li- ‘‘(1) shall not permit a licensee having out- shall submit to the Administrator an appli- censee shall be not less than— standing leverage to incur third party debt cation, in a form and including such docu- ‘‘(A) $5,000,000; or that would create or contribute to an unrea- mentation as may be prescribed by the Ad- ‘‘(B) $10,000,000, with respect to each li- sonable risk of default or loss to the Federal ministrator. censee authorized or seeking authority to Government; and ‘‘(2) PROCEDURES.— issue participating securities to be purchased ‘‘(2) shall permit such licensees to incur ‘‘(A) STATUS.—Not later than 90 days after or guaranteed by the Administration under third party debt only on such terms and sub- the initial receipt by the Administrator of this Act. ject to such conditions as may be established an application under this subsection, the Ad- ‘‘(2) EXCEPTION.—The Administrator may, by the Administrator, by regulation or oth- ministrator shall provide the applicant with in the discretion of the Administrator and erwise.’’. a written report detailing the status of the based on a showing of special circumstances (c) REQUIREMENT TO FINANCE SMALLER EN- application and any requirements remaining and good cause, permit the private capital of TERPRISES.—Section 303(d) of the Small Busi- for completion of the application. a licensee authorized or seeking authoriza- ness Investment Act of 1958 (15 U.S.C. 683(d)) ‘‘(B) APPROVAL OR DISAPPROVAL.—Within a tion to issue participating securities to be is amended to read as follows: reasonable time after receiving a completed purchased or guaranteed by the Administra- ‘‘(d) REQUIREMENT TO FINANCE SMALLER application submitted in accordance with tion to be less than $10,000,000, but not less ENTERPRISES.—The Administrator shall re- this subsection and in accordance with such than $5,000,000, if the Administrator deter- quire each licensee, as a condition of ap- requirements as the Administrator may pre- mines that such action would not create or proval of an application for leverage, to cer- scribe by regulation, the Administrator otherwise contribute to an unreasonable risk tify in writing that not less than 20 percent shall— of default or loss to the Federal Government. of the aggregate dollar amount of the ‘‘(i) approve the application and issue a li- ‘‘(3) ADEQUACY.—In addition to the require- financings of the licensee will be provided to cense for such operation to the applicant if ments of paragraph (1), the Administrator smaller enterprises.’’. the requirements of this section are satis- shall— (d) CAPITAL IMPAIRMENT REQUIREMENTS.— fied; or ‘‘(A) determine whether the private capital Section 303(e) of the Small Business Invest- ‘‘(ii) disapprove the application and notify of each licensee is adequate to assure a rea- ment Act of 1958 (15 U.S.C. 683(e)) is amended the applicant in writing of the disapproval. sonable prospect that the licensee will be op- to read as follows: ‘‘(3) MATTERS CONSIDERED.—In reviewing erated soundly and profitably, and managed ‘‘(e) CAPITAL IMPAIRMENT.—Before approv- actively and prudently in accordance with and processing any application under this ing any application for leverage submitted its articles; and subsection, the Administrator— by a licensee under this Act, the Adminis- ‘‘(A) shall determine whether— ‘‘(B) determine that the licensee will be able’’. trator— ‘‘(i) the applicant meets the requirements ‘‘(1) shall determine that the private cap- of subsections (a) and (c) of section 302; and (b) EXEMPTION FOR CERTAIN LICENSEES.— Section 302(a) of the Small Business Invest- ital of the licensee meets the requirements ‘‘(ii) the management of the applicant is of section 302(a); and qualified and has the knowledge, experience, ment Act of 1958 (15 U.S.C. 682(a)) is amended by adding at the end the following new para- ‘‘(2) shall determine, taking into account and capability necessary to comply with this the nature of the assets of the licensee, the Act; graph: ‘‘(4) EXEMPTION FROM CAPITAL REQUIRE- amount and terms of any third party debt ‘‘(B) shall take into consideration— owed by such licensee, and any other factors ‘‘(i) the need for and availability of financ- MENTS.—The Administrator may, in the dis- cretion of the Administrator, exempt from determined to be relevant by the Adminis- ing for small business concerns in the geo- trator, that the private capital of the li- graphic area in which the applicant is to the capital requirements in paragraph (1) any licensee licensed under subsection (c) or censee has not been impaired to such an ex- commence business; (d) of section 301 before the date of enact- tent that the issuance of additional leverage ‘‘(ii) the general business reputation of the ment of the Small Business Investment Com- would create or otherwise contribute to an owners and management of the applicant; pany Improvement Act of 1996, if— unreasonable risk of default or loss to the and ‘‘(A) the licensee certifies in writing that Federal Government.’’. ‘‘(iii) the probability of successful oper- not less than 50 percent of the aggregate dol- (e) EQUITY INVESTMENT REQUIREMENT.— ations of the applicant, including adequate lar amount of its financings after the date of Section 303(g)(4) of the Small Business In- profitability and financial soundness; and enactment of the Small Business Investment vestment Act of 1958 (15 U.S.C. 683(g)(4)) is ‘‘(C) shall not take into consideration any Company Improvement Act of 1996 will be amended by striking ‘‘and maintain’’. projected shortage or unavailability of lever- provided to smaller enterprises; and age. (f) FEES.—Section 303 of the Small Busi- ‘‘(B) the Administrator determines that— ness Investment Act of 1958 (15 U.S.C. 683) is ‘‘(4) EXCEPTION.— ‘‘(i) the licensee has a record of profitable ‘‘(A) IN GENERAL.—Notwithstanding any amended— operations; (1) in subsection (b), in the fifth sentence, other provision of this Act, the Adminis- ‘‘(ii) the licensee has not committed any trator may, in the discretion of the Adminis- by striking ‘‘1 per centum’’, and all that fol- serious or continuing violation of any appli- lows before the period at the end of the sen- trator and based on a showing of special cir- cable provision of Federal or State law or cumstances and good cause, approve an ap- tence and inserting the following: ‘‘1 percent, regulation; and plus an additional charge of .50 percent per plication and issue a license under this sub- ‘‘(iii) such action would not create or oth- section with respect to any applicant that— annum which shall be paid to and retained erwise contribute to an unreasonable risk of by the Administration’’; ‘‘(i) has private capital of not less than default or loss to the United States Govern- $3,000,000; (2) in subsection (g)(2), by striking ‘‘1 per ment.’’. centum,’’ and all that follows before the pe- ‘‘(ii) would otherwise be issued a license (c) DIVERSIFICATION OF OWNERSHIP.—Sec- riod at the end of the paragraph and insert- under this subsection, except that the appli- tion 302(c) of the Small Business Investment ing the following: ‘‘1 percent, plus an addi- cant does not satisfy the requirements of Act of 1958 (15 U.S.C. 682(c)) is amended to tional charge of .50 percent per annum which section 302(a); and read as follows: ‘‘(iii) has a viable business plan reasonably ‘‘(c) DIVERSIFICATION OF OWNERSHIP.—The shall be paid to and retained by the Adminis- projecting profitable operations and a rea- Administrator shall ensure that the manage- tration’’; and sonable timetable for achieving a level of ment of each licensee licensed after the date (3) by adding at the end the following new private capital that satisfies the require- of enactment of the Small Business Invest- subsections: ments of section 302(a). ment Company Improvement Act of 1996 is ‘‘(i) LEVERAGE FEE.—With respect to lever- ‘‘(B) LEVERAGE.—An applicant licensed sufficiently diversified from and unaffiliated age granted by the Administration to a li- pursuant to the exception provided in this with the ownership of the licensee in a man- censee, the Administration shall collect paragraph shall not be eligible to receive le- ner that ensures independence and objectiv- from the licensee a nonrefundable fee in an verage as a licensee until the applicant satis- ity in the financial management and over- amount equal to 3 percent of the face fies the requirements of section 302(a).’’. sight of the investments and operations of amount of leverage granted to the licensee, (c) SPECIALIZED SMALL BUSINESS INVEST- the licensee.’’. payable upon the earlier of the date of entry MENT COMPANIES.—Section 301(d) of the SEC. 5. BORROWING. into any commitment for such leverage or Small Business Investment Act of 1958 (15 (a) DEBENTURES.—Section 303(b) of the the date on which the leverage is drawn by U.S.C. 681(d)) is repealed. Small Business Investment Act of 1958 (15 the licensee. S8938 CONGRESSIONAL RECORD — SENATE July 25, 1996

‘‘(j) CALCULATION OF SUBSIDY RATE.—All (2) the term ‘‘Administration’’ means the (3) in section 310(c)(4), by striking ‘‘not less fees, interest, and profits received and re- Small Business Administration; and than four years in the case of section 301(d) tained by the Administration under this sec- (3) the term ‘‘licensee’’ has the same mean- licensees and in all other cases,’’; tion shall be included in the calculations ing as in section 103 of the Small Business (4) in section 312— made by the Director of the Office of Man- Investment Act of 1958. (A) by striking ‘‘shareholders or partners’’ agement and Budget to offset the cost (as (c) LIQUIDATION PLAN.— and inserting ‘‘shareholders, partners, or that term is defined in section 502 of the Fed- (1) IN GENERAL.—Not later than October 15, members’’; and eral Credit Reform Act of 1990) to the Admin- 1996, the Administrator shall submit to the (B) by striking ‘‘shareholder, or partner’’ istration of purchasing and guaranteeing de- Committees on Small Business of the Senate each place that term appears and inserting bentures and participating securities under and the House of Representatives a detailed ‘‘shareholder, partner, or member’’; this Act.’’. plan to expedite the orderly liquidation of (5) by striking sections 317 and 318, and re- SEC. 6. LIABILITY OF THE UNITED STATES. all licensee assets in liquidation, including designating sections 319 through 322 as sec- Section 308(e) of the Small Business Invest- assets of licensees in receivership or in trust tions 317 through 320, respectively; ment Act of 1958 (15 U.S.C. 687(e)) is amended held by or under the control of the Adminis- (6) in section 319, as redesignated— by striking ‘‘Nothing’’ and inserting ‘‘Except tration or its agents. (A) in subsection (a), by striking ‘‘, includ- as expressly provided otherwise in this Act, (2) CONTENTS.—The plan submitted under ing companies operating under the authority nothing’’. paragraph (1) shall include a timetable for of section 301(d),’’; and SEC. 7. EXAMINATIONS; VALUATIONS. liquidating the liquidation portfolio of small (B) in subsection (f)(2), by inserting ‘‘or in- (a) EXAMINATIONS.—Section 310(b) of the business investment company assets owned vestments in obligations of the United Small Business Investment Act of 1958 (15 by the Administration, and shall contain the States’’ after ‘‘accounts’’; U.S.C. 687b(b)) is amended in the first sen- Administrator’s findings and recommenda- (7) in section 320, as redesignated, by strik- tence by inserting ‘‘which may be conducted tions on various options providing for the ing ‘‘section 321’’ and inserting ‘‘section 319’’; with the assistance of a private sector entity fair and expeditious liquidation of such as- and that has both the qualifications to conduct sets within a reasonable period of time, giv- (8) in section 509— and expertise in conducting such examina- ing due consideration to the option of enter- (A) in subsection (a)(1), by striking the sec- tions,’’ after ‘‘Investment Division of the Ad- ing into one or more contracts with private ond sentence; and ministration,’’. sector entities having the capability to carry (B) in subsection (e)(1)(B), by striking (b) VALUATIONS.—Section 310(d) of the out the orderly liquidation of similar assets. ‘‘subsection (c) or (d) of section 301’’ and in- Small Business Investment Act of 1958 (15 SEC. 9. BOOK ENTRY REGISTRATION. serting ‘‘section 301’’. U.S.C. 687b(d)) is amended to read as follows: Subsection 321(f) of the Small Business In- (b) AMENDMENT IN OTHER LAW.—Section ‘‘(d) VALUATIONS.— vestment Act of 1958 (15 U.S.C. 687l) is 11(h) of the Federal Home Loan Bank Act (12 U.S.C. 1431(h)) is amended by striking ‘‘(1) FREQUENCY OF VALUATIONS.— amended by adding at the end the following ‘‘301(d)’’ and inserting ‘‘301’’. ‘‘(A) IN GENERAL.—Each licensee shall sub- new paragraph: mit to the Administrator a written valu- ‘‘(5) Nothing in this subsection shall pro- SEC. 11. AMENDMENTS TO THE SMALL BUSINESS ation of the loans and investments of the li- hibit the utilization of a book entry or other ACT. (a) POWERS OF THE ADMINISTRATOR.—Sec- censee not less often than semiannually or electronic form of registration for trust cer- tion 5(b)(7) of the Small Business Act (15 otherwise upon the request of the Adminis- tificates.’’. U.S.C. 634(b)(7)) is amended by striking the trator, except that any licensee with no le- SEC. 10. TECHNICAL AND CONFORMING AMEND- colon and all that follows before the semi- verage outstanding shall submit such valu- MENTS. colon at the end of the paragraph and insert- ations annually, unless the Administrator (a) SMALL BUSINESS INVESTMENT ACT OF ing the following: ‘‘: Provided, That with re- determines otherwise. 1958.—The Small Business Investment Act of spect to deferred participation loans, the Ad- ‘‘(B) MATERIAL ADVERSE CHANGES.—Not 1958 (15 U.S.C. 661 et seq.) is amended— ministrator may, in the discretion of and later than 30 days after the end of a fiscal (1) in section 303— pursuant to regulations promulgated by the quarter of a licensee during which a material (A) in subsection (a), by striking ‘‘deben- Administrator, authorize participating lend- adverse change in the aggregate valuation of ture bonds,’’ and inserting ‘‘securities,’’; ing institutions to take actions relating to the loans and investments or operations of (B) by striking subsection (f) and inserting loan servicing on behalf of the Adminis- the licensee occurs, the licensee shall notify the following: trator, including determining eligibility and the Administrator in writing of the nature ‘‘(f) REDEMPTION OR REPURCHASE OF PRE- creditworthiness and loan monitoring, col- and extent of that change. FERRED STOCK.—Notwithstanding any other lection, and liquidation’’. ‘‘(C) INDEPENDENT CERTIFICATION.— provision of law— (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) IN GENERAL.—Not less than once dur- ‘‘(1) the Administrator may allow the is- Section 20(p)(3) of the Small Business Act (15 ing each fiscal year, each licensee shall sub- suer of any preferred stock sold to the Ad- U.S.C. 631 note) is amended by striking sub- mit to the Administrator the financial state- ministration before November 1, 1989 to re- paragraph (B) and inserting the following: ments of the licensee, audited by an inde- deem or repurchase such stock, upon the ‘‘(B) $300,000,000 in guarantees of deben- pendent certified public accountant approved payment to the Administration of an tures; and’’. by the Administrator. amount less than the par value of such f ‘‘(ii) AUDIT REQUIREMENTS.—Each audit stock, for a repurchase price determined by conducted under clause (i) shall include— the Administrator after consideration of all FALSE STATEMENTS PENALTY ‘‘(I) a review of the procedures and docu- relevant factors, including— RESTORATION ACT mentation used by the licensee in preparing ‘‘(A) the market value of the stock; Mr. MURKOWSKI. Mr. President, I the valuations required by this section; and ‘‘(B) the value of benefits provided and an- ‘‘(II) a statement by the independent cer- ticipated to accrue to the issuer; ask unanimous consent that the Judi- tified public accountant that such valuations ‘‘(C) the amount of dividends paid, accrued, ciary Committee be discharged from were prepared in conformity with the valu- and anticipated; and further consideration of H.R. 3166 and ation criteria applicable to the licensee es- ‘‘(D) the Administrator’s estimate of any that the Senate proceed to its imme- tablished in accordance with paragraph (2). anticipated redemption; and diate consideration. ‘‘(2) VALUATION CRITERIA.—Each valuation ‘‘(2) any moneys received by the Adminis- The PRESIDING OFFICER. Is there submitted under this subsection shall be pre- tration from the repurchase of preferred objection? Without objection, it is so pared by the licensee in accordance with stock shall be available solely to provide de- ordered. The clerk will report. valuation criteria, which shall— benture leverage to licensees having 50 per- The legislative clerk read as follows: ‘‘(A) be established or approved by the Ad- cent or more in aggregate dollar amount of A bill (H.R. 3166) to amend title 18, United ministrator; and their financings invested in smaller enter- States Code, with respect to the crime of ‘‘(B) include appropriate safeguards to en- prises.’’; and false statement in a Government matter. sure that the noncash assets of a licensee are (C) in subsection (g)(8)— not overvalued.’’. (i) by striking ‘‘partners or shareholders’’ The PRESIDING OFFICER. Is there SEC. 8. TRUSTEE OR RECEIVERSHIP OVER LI- and inserting ‘‘partners, shareholders, or objection to the immediate consider- CENSEES. members’’; ation of the bill? (a) FINDING.—It is the finding of the Con- (ii) by striking ‘‘partner’s or sharehold- There being no objection, the Senate gress that increased recoveries on assets in er’s’’ and inserting ‘‘partner’s, shareholder’s, proceeded to consider the bill. liquidation under the Small Business Invest- or member’s’’; and AMENDMENT NO. 5091 ment Act of 1958 are in the best interests of (iii) by striking ‘‘partner or shareholder’’ (Purpose: To propose a substitute) and inserting ‘‘partner, shareholder, or mem- the Federal Government. Mr. MURKOWSKI. Mr. President, I (b) DEFINITIONS.—For purposes of this sec- ber’’; tion— (2) in section 308(h), by striking ‘‘sub- understand there is a substitute (1) the term ‘‘Administrator’’ means the section (c) or (d) of section 301’’ each place amendment at the desk offered by Sen- Administrator of the Small Business Admin- that term appears and inserting ‘‘section ator SPECTER, and I ask for its imme- istration; 301’’; diate consideration. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8939 The PRESIDING OFFICER. The (1) in subsection (a), by inserting ‘‘or ancil- sions of this bill, especially parts of clerk will report. lary to’’ after ‘‘any proceeding before’’; and section 2 and section 4. The legislative clerk read as follows: (2) in subsection (b)— The bill contains four substantive (A) in paragraphs (1) and (2), by inserting The Senator from Alaska [Mr. MURKOWSKI] ‘‘or ancillary to’’ after ‘‘a proceeding before’’ provisions, which I would like to sum- for Mr. SPECTER, for himself, Mr. LEVIN, Mr. each place that term appears; and marize and briefly explain to my col- ROTH, Mr. NUNN, Mr. STEVENS, Mr. INOUYE, (B) in paragraph (3), by adding a period at leagues, so that they may fully under- Mr. GRASSLEY, Mr. LEAHY, Mr. COHEN, Mr. the end. stand the impact of this bill. KOHL, and Mr. JEFFORDS, proposes an amend- First is the provision to amend sec- ment numbered 5091. Mr. SPECTER. Mr. President, I am pleased that the Senate is acting on tion 1001 of title 18 of the United States Mr. MURKOWSKI. Mr. President, I the False Statements Penalty Restora- Code to prohibit false statements to ex- ask unanimous consent that further tion Act so quickly after the substitute ecutive agencies and departments, Con- reading of the amendment be dispensed was reported by the Judiciary Commit- gress, and the Federal courts. This pro- with. vision is central to this bill. It is in- The PRESIDING OFFICER. Without tee. This is important legislation to safeguard the constitutional legislative tended to restore section 1001 to its objection, it is so ordered. pre-Hubbard status. Any knowing and The amendment is as follows: and oversight roles of the Congress. Last year, overturning a decision it willful false statement that is material Strike all after the enacting clause and in- sert the following: had rendered in 1955, the Supreme which is made to Congress, including SECTION 1. SHORT TITLE. Court of the United States held in Hub- any committee or subcommittee, staff This Act may be cited as the ‘‘False State- bard versus United States that section of any member or committee or sub- ments Penalty Restoration Act’’. 1001 of title 18 of the United States committee acting in their official ca- SEC. 2. RESTORING FALSE STATEMENTS PROHI- Code, the section of the Federal crimi- pacity, or any component or office of BITION. nal code prohibiting false statements, Congress shall be punishable under sec- Section 1001 of title 18, United States Code, only covered false statements made to tion 1001. For 40 years, this was the law is amended to read as follows: executive branch agencies. That deci- of the land and there was no abuse. ‘‘§ 1001. Statements or entries generally sion put at grave risk the ability of There is no evidence that between 1955 ‘‘(a) PROHIBITED CONDUCT.— and 1995, the rights of individuals to ‘‘(1) IN GENERAL.—A person shall be pun- Congress to collect correct informa- ished under subsection (b) if, in any matter tion, as false statements to Congress provide information to Congress, to pe- within the jurisdiction of the executive, leg- could no longer be punished. Congres- tition Congress, or to testify before islative, or judicial branch of the Federal sional oversight and investigations Congress were chilled because of the Government, or any department, agency, would clearly be threatened if those application of section 1001 to false committee, subcommittee, or office thereof, interviewed could lie with impunity. statements made to Congress. My re- that person knowingly and willfully— search finds no prosecutions of any ‘‘(A) falsifies, conceals, or covers up, by Simple requests for information by any trick, scheme, or device, a material fact; Congress, its committees and sub- constituent, for example, furnishing ‘‘(B) makes any materially false, fictitious, committees, or its offices, could be met false information to a Member of Con- or fraudulent statement or representation; with lies. Investigations by the General gress. Thus, the bill does not contain or Accounting Office could likewise be any exceptions to the general rule that ‘‘(C) makes or uses any false writing or stonewalled by witnesses providing any knowing, willful, and material document, knowing that the document con- false statement to Congress will be tains any materially false, fictitious, or false information. fraudulent statement or entry. Within days of the Hubbard decision, punishable under section 1001. ‘‘(2) APPLICABILITY.—This section shall not I had introduced S. 830 to overturn that The bill also prohibits false state- apply to parties to a judicial proceeding or decision. Earlier this year, I introduced ments made to the Federal courts. anyone seeking to become a party to a judi- revised legislation, S. 1734, joined by Prior to Hubbard, the Federal courts cial proceeding, or their counsel, for state- Senator LEVIN. Joining us in introduc- had created a ‘‘judicial function’’ ex- ments, representations, or documents sub- ing this important bill were Senators ception to section 1001 to carve out mitted by them to a judge in connection STEVENS, NUNN, COHEN, LEAHY, JEF- from the coverage of the law false with the performance of an adjudicative function. FORDS, INOUYE, and KOHL. Subse- statements made in the course of advo- ‘‘(b) PENALTIES.—A person who violates quently, both Senators ROTH and cacy before a court. In order to capture this section shall be fined under this title, GRASSLEY became cosponsors. The the pre-Hubbard application of section imprisoned not more than 5 years, or both.’’. broad bipartisan cosponsorship of this 1001, this bill will codify for the first SEC. 3. CLARIFYING PROHIBITION ON OBSTRUCT- bill by some of the Senate’s leading in- time a judicial function exception to ING CONGRESS. vestigators and practitioners of over- section 1001. The language of the excep- Section 1515 of title 18, United States Code, tion was suggested by the Justice De- is amended— sight is testimony to the threat posed (1) by redesignating subsection (b) as sub- by Hubbard to our ability to conduct partment, although it contains an ad- section (c); and our constitutional responsibilities. ditional limitation on which I insisted, (2) by inserting after subsection (a) the fol- This bill is needed not simply for the which was to limit the application of lowing new subsection: practical reasons I have briefly out- the exception to false statements made ‘‘(b) CORRUPTLY.—As used in section 1505, lined, but because it is important to to a judge in the performance of an ad- the term ‘corruptly’ means acting with an improper purpose, personally or by influenc- make it clear that intentional false judicative function. ing another, including making a false or mis- statements to Congress are just as per- The bill will exempt from the cov- leading statement, or withholding, conceal- nicious as those made to an agent of erage of section 1001, any statement ing, altering, or destroying a document or the executive branch. We are of equal made by a party to litigation or any- other information.’’. standing with the executive and the one seeking to become a party, or their SEC. 4. ENFORCING SENATE SUBPOENA. dignitary injury to the standing of counsel, to a judge acting in an adju- Section 1365(a) of title 28, United States Congress done by Hubbard must be dicative capacity. In general, the only Code, is amended in the second sentence, by overturned promptly. individuals making statements in striking ‘‘Federal Government acting within Support for this bill comes not only court are witnesses, who are already his official capacity’’ and inserting ‘‘execu- tive branch of the Federal Government act- from many of our colleagues. The Jus- under oath and thereby subject to pros- ing within his or her official capacity, except tice Department has been very support- ecution for perjury, and parties and that this section shall apply if the refusal to ive and quite helpful in crafting several their counsel. Knowing, willful and ma- comply is based on the assertion of a per- of the bill’s provisions. The Judiciary terial false statements made by parties sonal privilege or objection and is not based Committee heard from Deputy Assist- or their counsel ought to be exempt for on a governmental privilege or objection the ant Attorney General Robert Litt in several reasons. First, we do not want assertion of which has been authorized by support of extending the coverage of to chill committed advocacy in court the executive branch of the Federal Govern- section 1001 to Congress and the courts. on behalf of any party. Our adversary ment’’. I am grateful to the Criminal Division system requires unfettered advocacy, SEC. 5. COMPELLING TRUTHFUL TESTIMONY FROM IMMUNIZED WITNESS. and the Office of Legal Counsel of the which application of section 1001 could Section 6005 of title 18, United States Code, Justice Department for their assist- chill. In addition, our adversary system is amended— ance and insight in crafting the provi- means that there is an opponent who S8940 CONGRESSIONAL RECORD — SENATE July 25, 1996 can call a false statement to the between the executive and legislative The Supreme Court based its decision court’s attention, supplying a nec- branches out of the courtroom. on the wording of the statute which essary antidote. That is not the case in In order to clarify whether the privi- doesn’t explicitly reference either the congressional hearings, during which lege asserted does in fact belong to the courts or Congress. The Court noted in there may not be anyone to point out government, thus rendering section Hubbard that it had failed to find in and correct false statements. Thus, a 1365 inapplicable, or is instead a per- the statute’s legislative history ‘‘any similar exemption is not warranted for sonal privilege, the bill will revise sec- indication that Congress even consid- congressional proceedings. Finally, tion 1365 to require that any govern- ered whether [Section 1001] might courts retain adequate alternatives to mental privilege asserted must be au- apply outside the Executive Branch.’’ punish and deter false statements, in- thorized by the executive branch. It is [Emphasis in original.] cluding the contempt power and lesser the sponsors’ intention, worked out The obvious result of the Hubbard de- sanctions provided for in the Federal with the Justice Department, to ensure cision has been to reduce parity among Rules of Civil and Criminal Procedure the utmost flexibility in establishing the three branches. And the new inter- and in the courts’ inherent power. Con- the valid assertion of a governmental branch distinctions are difficult to jus- gress lacks these alternative sanctions, privilege. No particular form is re- tify, since there is no logical reason which is yet another reason for not in- quired; it simply must be clear that the why the criminal status of a willful, cluding a similar exemption for con- executive has authorized the assertion material false statement should depend gressional proceedings. of the privilege. In addition, the lan- upon which branch of the Federal Gov- The judicial function exception ap- guage of the provision demonstrates ernment received it. plies only to false statements made to our intention that the person asserting Fortunately, this problem does not a judge exercising its adjudicative au- the privilege will bear the burden in a involve constitutional issues or require thority, and not when it is exercising judicial proceeding under section 1365 complex legislation. It is simply a mat- administrative authority. For example, of proving that he or she was in fact ter of inserting a clear statutory ref- the submission of a false bill to a judge authorized to assert a governmental erence in Section 1001 to all three by a lawyer for payment under the privilege. This change will prevent branches of government. Criminal Justice Act would be punish- rogue employees from falsely asserting Senator SPECTER and I each intro- able under the revised section 1001, be- a privilege and escaping efforts to com- duced bills last year to supply that cause the false statement would not be pel responses. missing statutory reference. This year, made to the court in its adjudicative Finally, the bill amends section 6005 we decided to join forces, along with a function. Also punishable would be ap- of title 18 to authorize Congress to number of our colleagues, and intro- plications for membership in the bar of compel testimony under oath from an duce a single bill to restore parity a particular Federal court. The reason immunized witness in a deposition. among the branches. We also worked for the distinction is that many of the This change will enable Members and closely with the Justice Department to safeguards derived from the adversarial their staff to more readily conduct pre- produce a bill that the administration system that might call the false state- liminary investigations as part of con- would support. It is this bipartisan bill, ment to the judge’s attention are not gressional inquiries. which the Judiciary Committee has ap- I want to thank the cosponsors of present, warranting application of sec- proved with unanimous support, that is this bill for their assistance, particu- tion 1001. before you today. larly Senator LEVIN and Elise Bean of The next three sections of the bill are The bill contains four provisions, his staff; the chairman and ranking derived from legislation introduced by Member of the Judiciary Committee, each of which would strengthen the Senators LEVIN, NUNN, and INOUYE. ability of Congress to conduct its legis- Senators HATCH and BIDEN, and their TWO OF THEM PASSED THE SENATE IN 1988 staff, especially Paul Larkin and Mi- lative, investigative and oversight BUT WERE NOT ENACTED. chael Kennedy of the majority and functions, as well as to restore parity Section three of the bill will overturn Peter Jaffe of the minority staff; the among the three branches of Govern- a 1991 decision of the United States Department of Justice; and the Senate ment. Court of Appeals for the District of Co- Legal Counsel, Thomas B. Griffith, and The first provision would amend sec- lumbia Circuit in United States versus his deputy, Morgan Frankel, for their tion 1001 to make it clear that its pro- Poindexter. In that case, the D.C. Cir- assistance. hibition against willful, material false cuit held that the statute prohibiting I look forward to resolving any dif- statements applies government-wide to obstruction of Congress applies only to ferences with the House bill promptly all three branches. The purpose of this persons who attempt to obstruct a con- so that this important bill can be en- provision is essentially to restore the gressional inquiry indirectly through acted before the close of this Congress. status quo prior to Hubbard. another person, and not to witnesses Mr. LEVIN. Mr. President, as a spon- As part of that restorative effort, the themselves. The bill would overturn sor of S. 1734, the False Statements bill includes a provision codifying a this decision and clarify that an indi- Penalty Restoration Act, I am pleased long-standing judicial branch excep- vidual acting alone could be liable for to join Senator SPECTER in urging Sen- tion, developed in case law, to exempt obstructing Congress. ate passage of H.R. 3166, the House from Section 1001 statements made The next section of the bill is in- companion legislation with a Specter- during adjudicative proceedings in a tended to clarify when the Senate may Levin substitute amendment which is courtroom, in order to ensure vigorous enforce a subpoena against an officer the Senate text; this legislation is to advocacy. The classic example justify- or employee of the executive branch restore criminal penalties for knowing, ing this exception has been to ensure who asserts a privilege in response to a willful, material false statements made that a criminal defendant pleading Senate subpoena. The intent is to to a federal court or Congress. ‘‘not guilty’’ to an indictment does not make it clear that judicial enforce- Forty years ago, in 1955, the Supreme risk prosecution under Section 1001. ment is available when a person is as- Court interpreted 18 U.S.C. 1001 to pro- The wording of this exception in- serting a privilege personal to him or hibit knowing, willful, material false cludes suggestions from the Justice De- her, but not when the person is assert- statements not only to the executive partment and Judiciary Committee to ing a governmental privilege available branch, but also to the judicial and leg- clarify its scope and provide adequate only to the executive branch. When a islative branches. For 40 years, this notice of the conduct covered. The ex- private person asserts a privilege, sec- government-wide prohibition was the ception is limited, for example, to par- tion 1365 of title 28 of the United States law of the land, and it served this coun- ties to a judicial proceeding, persons Code allows the Senate to go to court try well. But last year, in Hubbard v. seeking to become parties, and their to seek to compel responses. The sec- United States, the Supreme Court re- legal counsel. It is also limited to tion does apply to any action to en- versed these 40 years of precedent and statements made to a judge performing force a subpoena against an executive held that Section 1001 prohibits false an adjudicative function. branch employee who declines to tes- statements only to the executive The second provision of S. 1734 would tify by asserting a governmental privi- branch, and not to any co-equal strengthen the 50-year-old statute that lege. The purpose is to keep disputes branch. prohibits obstruction of Congressional July 25, 1996 CONGRESSIONAL RECORD — SENATE S8941 investigations, 18 U.S.C. 1505, which pliance with the Senate subpoena has bers of employee associations to rep- has also been weakened by a court the burden of proving that his or her resent their views before the U.S. Gov- case. In 1991, in a dramatic departure action had, in fact, been authorized by ernment. from other circuits, the D.C. Circuit the executive branch. The PRESIDING OFFICER. Is there Court of Appeals held in United States The fourth and final provision in- objection to the immediate consider- v. Poindexter that the statute’s prohi- volves individuals given immunity ation of the bill? bition against corruptly obstructing a from criminal prosecution by Congress. There being no objection, the Senate Congressional inquiry was unconsti- The bill would re-word the Congres- proceeded to consider the bill, which tutionally vague and failed to provide sional immunity statute, 18 U.S.C. 6005, had been reported from the Committee clear notice that it prohibited an indi- to parallel the wording of the judicial on the Judiciary, with an amendment vidual’s lying to Congress. The court immunity statute, 18 U.S.C. 6003, and to strike all after the enacting clause held that, at most, the statute prohib- make it clear that Congress can compel and insert in lieu thereof the following: ited one person from inducing another testimony from immunized individuals SECTION 1. SHORT TITLE. person to lie or otherwise obstruct not only in committee hearings, but This Act may be cited as the ‘‘Federal Em- Congress. also in ‘‘ancillary’’ proceedings such as ployee Representation Improvement Act of The Senate bill would affirm instead depositions conducted by committee 1996’’. the views held by the other circuits members or committee staff. This pro- SEC. 2. REPRESENTATION BY FEDERAL OFFI- and bring the Congressional statute vision, like the proceeding one, would CERS AND EMPLOYEES. back into line with other Federal ob- (a) EXTENSION OF EXEMPTION TO PROHIBI- improve the Senate’s ability to compel TION.—Subsection (d) of section 205 of title struction statutes, by making it clear testimony and obtain requested docu- 18, United States Code, is amended to read as that Section 1505 prohibits obstructive ments. It would also bring greater con- follows: acts by a person acting alone as well as sistency across the government in how ‘‘(d)(1) Nothing in subsection (a) or (b) pre- when inducing another to act. The bill immunized witnesses may be ques- vents an officer or employee, if not incon- would also make it clear that the pro- tioned. sistent with the faithful performance of that hibition against obstructing Congress Provisions to bar false statements officer’s or employee’s duties, from acting bars a person from making false or without compensation as agent or attorney and compel testimony have been on the for, or otherwise representing— misleading statements and from with- Federal statute books for 40 years or ‘‘(A) any person who is the subject of dis- holding, concealing, altering or de- more. Recent court decisions and ciplinary, loyalty, or other personnel admin- stroying documents requested by Con- events have eroded the usefulness of istration proceedings in connection with gress. The bill would, in short, restore some of these provisions as they apply those proceedings; or the strength and usefulness of the Con- to the courts and Congress. The bill be- ‘‘(B) except as provided in paragraph (2), gressional obstruction statute as well fore you is a bipartisan effort to re- any cooperative, voluntary, professional, as restore its parity with other ob- recreational, or similar organization or dress some of the imbalances that have group not established or operated for profit, struction statutes protecting federal arisen among the branches in these if a majority of the organization’s or group’s investigations. areas. It rests on the premise that the members are current officers or employees of The final two sections of the bill courts and Congress ought to be treat- the United States or of the District of Co- would clarify the ability of Congress to ed as co-equal to the executive branch lumbia, or their spouses or dependent chil- compel testimony and documents. Both when it comes to prohibitions on false dren. provisions are taken from a 1988 bill, S. statements. I urge you to join Senator ‘‘(2) Paragraph (1)(B) does not apply with 2350, sponsored by then Senator Rud- respect to a covered matter that— SPECTER, myself and our cosponsors in ‘‘(A) is a claim under subsection (a)(1) or man and cosponsored by Senator supporting swift passage of this impor- (b)(1); INOUYE, which passed the Senate unani- tant legislation. ‘‘(B) is a judicial or administrative pro- mously but was never enacted into law. Mr. MURKOWSKI. Mr. President, I ceeding where the organization or group is a The first of these two provisions ask unanimous consent that the party; or would clarify when Congress may ob- amendment be considered as read and ‘‘(C) involves a grant, contract, or other tain judicial enforcement of a Senate agreed to, the bill be deemed read a agreement (including a request for any such grant, contract, or agreement) providing for subpoena under 28 U.S.C. 1365. Section third time, passed, as amended, the 1365 generally authorizes judicial en- the disbursement of Federal funds to the or- motion to reconsider be laid upon the ganization or group.’’. forcement of a Senate subpoena, except table, and an amendment to the title (b) APPLICATION TO LABOR-MANAGEMENT when a subpoena has been issued to an which is at the desk be agreed to, and RELATIONS.—Section 205 of title 18, United executive branch official acting in his that any statements relating to the States Code, is amended by adding at the end or her official capacity—an exception bill be placed at the appropriate place the following: ‘‘(i) Nothing in this section prevents an that seeks to keep interbranch disputes in the RECORD. out of the courtroom. S. 1734 would not employee from acting pursuant to— The PRESIDING OFFICER. Without ‘‘(1) chapter 71 of title 5; eliminate or restrict this exception, objection, it is so ordered. ‘‘(2) section 1004 or chapter 12 of title 39; but would make it clear that the excep- The amendment (No. 5091) was agreed ‘‘(3) section 3 of the Tennessee Valley Au- tion applies only to an executive to. thority Act of 1933 (16 U.S.C. 831b); branch official asserting a govern- The bill (H.R. 3166), as amended, was ‘‘(4) chapter 10 of title I of the Foreign mental privilege that he or she has deemed read the third time and passed. Service Act of 1980 (22 U.S.C. 4104 et seq.); or been authorized to assert. The bill ‘‘(5) any provision of any other Federal or The title was amended so as to read: District of Columbia law that authorizes would make it clear that an executive ‘‘To prohibit false statements to Con- labor-management relations between an branch official asserting a personal gress, to clarify congressional author- agency or instrumentality of the United privilege or asserting a governmental ity to obtain truthful testimony, and States or the District of Columbia and any privilege without being authorized to for other purposes.’’ labor organization that represents its em- do so could not automatically escape f ployees.’’. judicial enforcement of the Senate sub- Mr. MURKOWSKI. Mr. President, I poena under Section 1365. FEDERAL EMPLOYEE REPRESEN- ask unanimous consent that the com- This provision, revised from the bill TATION IMPROVEMENT ACT OF mittee amendment, as amended, be as introduced, includes suggestions 1995 agreed to, the bill be deemed read a from the Justice Department to make Mr. MURKOWSKI. Mr. President, I third time, passed, the motion to re- it clear that an official can establish in ask unanimous consent that the Sen- consider be laid upon the table, and several ways that he or she has been ate proceed to the immediate consider- any statements relating to the bill be authorized to assert a governmental ation of calendar 339, H.R. 782. placed at the appropriate place in the privilege including, for example, by The PRESIDING OFFICER. The RECORD. providing a letter or affidavit from an clerk will report. The PRESIDING OFFICER. Without appropriate senior government official. The legislative clerk read as follows: objection, it is so ordered. The provision is also intended to make A bill (H.R. 782) to amend title 18 of The bill (H.R. 782), as amended, was it clear that the person resisting com- the United States Code to allow mem- deemed read the third time and passed. July 25, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1371 EXTENSIONS OF REMARKS

THE SAFE DRINKING WATER ACT of complexity by appointing three committees Supervisors at the Department of Commu- as conferees on the bill. nity Affairs have lauded the Abington proposal HON. JOHN D. DINGELL Indeed, the leadership decided that one as one which truly and effectively works to OF MICHIGAN committee which added some pork projects to preserve neighborhoods and the small town IN THE HOUSE OF REPRESENTATIVES the Safe Drinking Water Act on the floor would atmosphere. The grant will be applied to the be the exclusive conferees on those pork pro- Old York Road, Town Center, Roslyn, Kes- Thursday, July 25, 1996 visions. wick, McKinley, and North Hills sections of the Mr. DINGELL. Mr. Speaker, with my col- I have asked the Parliamentarians for a list township. leagues Mr. WAXMAN and Mr. STUPAK, I am of the bills in this or other Congresses in While business usually takes the initiative today introducing legislation to extend an arbi- which such an extraordinary and remarkable on revitalization issues, in Abington's case it trary deadline established by the House lead- appointment had been madeÐnaming as ex- was the vision of the local government which ership that will deprive the States, cities, and clusive or even majority conferees a commit- motivated the program and grant proposal. It towns of more than $700 million for protecting tee that was not the primary committee on a should be noted that Abington developed this and enhancing the Nation's drinking water. bill. Thus far, we have been shown no other outstanding economic development program in Sadly it is the fumbling of the House Leader- examples. This leaves me to conclude that just 2 years. ship that necessitates this action. this is merely a political exercise. While, I Abington's economic development commit- Mr. Speaker, when the leadership cobbled trust, therefore, that it will have no tee of its board of directors, founded by the together the Omnibus Appropriations Act ear- precedential value, it still must be faced during late Richard Fluge, exercised vision and wis- lier this year, it included language which set this conference. dom in its work toward economic develop- an August 1 deadline for the $725 million that In practical terms this means that there will ment. had been accumulated to fund the new safe be no conference report, and no safe drinking I would like to add my congratulations and drinking water state loan fund. Specifically, the water bill enacted into law, until the conferees best wishes to these community leaders for measure provided that Congress must pass from the Transportation Committee have se- their superlative public service. They are proof Safe Drinking Water Act amendments author- cured everything they want. This is not a for- of the ability and professionalism of our local izing the revolving loan fund before the dead- mula for a fast conference. governments, demonstrating that members of line. Without passage of the amendments, the So today, only 6 days before this money is the community are most often the sources of funds will pass to the clean water fund and will lost, we find ourselves in the following predica- the best solutions to the problems American no longer be available to help this Nation's ment. The conferees have not met. No issues families face in their daily lives. water systems provide safe and healthy water. have been resolved. We do have a conferees' f All agree this loss would be catastrophic. meeting scheduled for tomorrow morning. But To avoid this problem, the House unani- there is no telling at this moment whether THE TRAIN WHISTLE RESOLUTION mously passed a strong, bipartisan reauthor- there will be any progress before we depart ization of the Safe Drinking Water Act on June this week. HON. WILLIAM O. LIPINSKI 25, 1996. This measure will improve protection I remain hopeful that our staffs can make OF ILLINOIS of our drinking water from microbiological con- progress without our assistance over the IN THE HOUSE OF REPRESENTATIVES taminants that cause acute illnessesÐeven weekend, and that time will not run out on us. Thursday, July 25, 1996 deathÐfrom single exposures. It will reduce But when we get back next week we will have exposures to carcinogens, endocrine to have an agreement reached, a conference Mr. LIPINSKI. Mr. Speaker, I rise today in disruptors and other long-term human health report drafted and signed, approval of that re- order to introduce a piece of legislation that threats. Equally importantly, the bill gives port voted by both Houses of Congress, and will benefit communities throughout the Nation. States and water districts unprecedented flexi- a bill sent to the President and signedÐall be- My legislation is a straightforward resolution bility to customize their safe drinking water fore midnight on Wednesday. regarding the implementation of the train whis- programs to meet their individual needs and Mr. Speaker, is this possible? Yes, I still be- tle requirement of the Swift Rail Act of 1994. circumstances. lieve it is. But I do not want our constituents An amendment added to the Swift Rail De- But with this progress and flexibility will to suffer an irrational forfeiture of this money velopment Act of 1994 mandated the Sec- come increased responsibilities for the States for safe drinking water. If it becomes nec- retary of Transportation to issue regulations and the water districts. And this is where the essary on Monday, I ask the Appropriations requiring trains to sound their horns at every State revolving fund comes in. This fund is Committee, the leadership, and the House to public road-rail grade crossing in the country, vital to help States and localities meet the move the deadline and rescue this money for 24 hours a day. According to the law, the Sec- costs of complying with the Safe Drinking the safe drinking water systems of this coun- retary must issue the new regulations by No- Water Act. try. vember 1996. This State revolving fund is to be divided f There are approximately 168,000 public between the States by an objective formula. highway-rail crossings in the United States States can use the money for grants and ABINGTON, PA HONORED IN and railroads regularly sound train whistles at loans to their water districts under rules that NEIGHBORHOOD REVITALIZATION most of these crossings. Trains sound their focus the money on projects that address the SUCCESS horn as a final warning of a train's approach; most serious health risks, ensure compliance the horn is in addition to motorist warning de- with the Safe Drinking Water Act, and assist HON. JON D. FOX vices such as signs, lights, bells, and gates at water districts with the greatest need on a per OF PENNSYLVANIA crossings. However, at nearly 2,100 crossings, household basis. IN THE HOUSE OF REPRESENTATIVES local communities have banned train whistles Despite the strong, bipartisan support for to limit excessive noise in residential or other this measure and for the establishment of the Thursday, July 25, 1996 designated areas. The rules required by the safe drinking water fund, the House leadership Mr. FOX of Pennsylvania. Mr. Speaker, I Swift Rail Development Act will now preempt complicated the task of completing work by rise today to congratulate the community of the local ordinances that silence train whistles. the deadline. First, while the bill passed on Abington, PA for their success in revitalizing At a distance of a half-mile, the noise level June 25, conferees were not selected until the small businesses in their neighborhoods. of a standard American train whistle is 86 July 17, some 22 days after passage and after The Pennsylvania Department of Commu- decibels. This is well over what the U.S. Envi- more than half of the time available before the nity Affairs approved a grant request from Ab- ronmental Protection Agency says is the maxi- deadline had passed. Worse, when conferees ington Township in which the township mum noise threshold tolerable for peace and were appointed, the leadership added layers planned to improve six business districts. serenity. It is no wonder that communities that

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1372 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1996 have developed along rail lines would want to The Federal Railroad Administration has FCC, as well as commend him on an excellent limit when and where trains can sound their been engaged in a very active outreach effort op-ed piece. I also want to make clear that I horns. inform communities of the forthcoming rules share his position with regard to guidelines im- But now, because of the Swift Rail Develop- regarding train whistles. Administrator Jolene plementing the Children's Television Act, and ment Act, trains will sound their whistles at Molitoris informed me, in a letter to my office I pledge to work with him to reduce the regu- every public grade crossing in America. This in February, that because of the intense inter- latory overkill that has beenÐand remainsÐ may not pose a problem for rural America, but est in this issue, the FRA will not be able to the hallmark of so much of what the FCC it is a real issue for communities, like those in issue a final rule by the imposed deadline of does. Illinois, that are located along rail lines. The November 2, 1996. I believe this is encourag- I commend Commissioner Quello's op-ed Chicago area, for example, is the historic rail ing news. The FRA and the Secretary of piece in yesterday's Wall Street Journal to hub of the United States and has some 1,500 Transportation can use the extra time to re- your attention, Mr. Speaker, and to the atten- trains moving daily through 2,000 crossings. search and develop additional alternatives to tion of my colleagues. The impact of all these trains blowing their whistle blowing. In fact, this resolution will help [From the Wall Street Journal, July 24, 1996] whistles day and night would be immediate guide the Secretary of Transportation as he THE FCC’S REGULATORY OVERKILL and obvious and would make the jet noise at continues to work out the final details of the (By James H. Quello) O'Hare International Airport seem like a minor train whistle requirement. President Clinton has summoned broad- irritation. The village of Western Springs, I understand that the intent of the train whis- casters to the White House for Summit on which is located in my congressional district, tle requirement is to reduce highway-rail Children’s Television next Monday. I hope has four street crossings and one pedestrian crashes but it is a blanket, one-size-fits-all so- the president uses this highly visible event crossing and the new law would mean 75 min- lution to the problem of rail safety. The resolu- to set the stage for creating sensible, effec- tive rules to implement the Children’s Tele- utes of whistle blowing a day. tion I am introducing today allows the Sec- In 1988, the Illinois General Assembly vision Act. retary to consider at-grade, accident-reducing The Federal Communications Commission, passed a State law which required both freight safety measures other than whistle blowing charged with developing the actual rules, has and passenger trains to sound their horns that are practical for the affected communities. been trying to agree on ‘‘processing guide- when approaching crossings, day and night. I encourage my colleagues from throughout lines’’—rules that would require broad- The law preempted any local ordinances that the Nation to join the members of the Illinois casters to air three hours of kids’ edu- cational programming per week. All four banned train whistles. As soon as railroads delegation, including Congressman RUSH, began implementing the law, the public outcry commissioners favor the concept of guide- Congressman JESSIE JACKSON, Jr., Congress- lines and a three-hour rule. But some of us was so strong that a DuPage County judge man YATES, Congressman PORTER, Congress- stepped in and signed a temporary restraining believe that for the rules truly to be ‘‘guide- man WELLER, Congressman COSTELLO, Con- lines’’ they must contain a reasonable degree order to keep trains from blowing their horns. gressman FAWELL, Congressman DENNY of flexibility. The proposed rules the FCC is Illinois residents living near rail lines could not HASTERT, Congressman EWING, Congressman now considering are so rigid that they look live with the noise. They could not even sleep LAHOOD, Congressman DURBIN, and myself, in more like government edicts than true through the night without being interrupted by sponsoring this legislation. We recognize the guidelines. Indeed, taken in their entirety, a train whistle. Shirley DeWine of Berwyn, important safety issues involved, but we also these rules are as intrusive and overregu- which is also located in my congressional dis- latory as anything I have witnessed in more recognize that communities must be given af- than two decades at the FCC. trict, was quoted as saying that she would fordable options for avoiding the whistle re- have to sell her house, which is located a CONTENT CONTROL quirements. In their present form, these ‘‘guidelines’’ block from the Burlington Northern Railroad if f the trains kept blowing their whistles. Fortu- would have a legal challenge—and probably RECOGNIZING JIM QUELLO’S would be held unconstitutional. They dictate nately, the Illinois Commerce Commission in such detail that they amount to a form of took emergency action to make sure that the COMMON SENSE AT THE FCC content control in which the FCC cannot le- ban on train horns would remain in effect at gally engage. most crossings. HON. JACK FIELDS For example, the draft rules would allow However, the peace and quiet in Illinois is OF TEXAS only regularly scheduled, half-hour programs once again being threatened. This time it is a IN THE HOUSE OF REPRESENTATIVES to be counted for purposes of satisfying most of a broadcaster’s three-hour children’s pro- Federal law that requires trains to blow their Thursday, July 25, 1996 whistles at all public grade crossings at all gramming requirement. This would severely hours of the day and night. Therefore, I, along Mr. FIELDS of Texas. Mr. Speaker, once constrain stations’ ability to broadcast both programs shorter than 30 minutes and spe- with a majority of my Illinois colleagues, am in- again, Federal Communications Commissioner Jim Quello has injected a healthy dose of cials like President Clinton’s hour-long talk troducing this important resolution to express with American schoolchidren—not because the sense of Congress that the Secretary of common sense and sound judgment to a Fed- they aren’t educational but simply because Transportation should take into account the in- eral agency badly in need of both. they don’t fit the FCC-decreed format. terests of the affected communities before is- In a Wall Street Journal op-ed piece yester- Television licensees would also have vir- suing the final regulations. day, Commissioner Quello argued eloquently tually no incentive to finance the broadcast The Swift Rail Development Act of 1994 for flexibility as the FCC works to approve of educational shows on local PBS stations. does allow the Secretary of Transportation to guidelines implementing the Children's Tele- This would eliminate any realistic possibil- provide exemptions to the train whistle re- vision Act. ity that commercial broadcasters would con- quirement at grade crossings where other The actÐpassed by Congress 6 years tribute to the development of new non- agoÐseeks to increase both the quantity and commercial children’s programs like ‘‘Ses- safety measures are shown to provide the ame Street.’’ same level of safety as a final warning from a the quality of children's television program- On top of these arbitrary rules are page train whistle. This resolution directs the Sec- ming. Those of us who worked to pass the after page of even more burdensome and retary to also take into account other criteria, Children's Television Act sought to establish a pointless ancillary requirements. There are such as the past safety record at the grade simple, flexible yardstick by which broad- rules on how often the FCC-sanctioned pro- crossing and the needs of the community. casters' compliance with the act could be gramming must be shown each season, on Also, the resolution allows communities up to measured. how many times it can be pre-empted, and 3 years to install supplemental safety meas- But, as Commissioner Quello points out in on what time of day it can be broadcast in order to qualify. ures whenever the Secretary determines that his excellent op-ed piece, proposed regula- There is a new rule requiring all 1,444 tele- supplementary safety measures are necessary tions implementing the actÐregulations that vision stations to file paperwork with the to provide an exception to the train whistle re- are circulating at the FCCÐnow exceeds 100 FCC every three months—even though the quirement. The resolution also directs the Sec- pages. Disturbingly, reports suggested that as exact same paperwork must be made avail- retary to work in partnership with affected the number of pages has increased, the able on request at the TV station’s local of- communities to provide technical assistance guidelines have turned into regulations, and fice. and to develop a reasonable schedule for the flexibility has been replaced by rigidity and in- On and on it goes, for over 100 pages and installation of those measures. Supplemental 200 paragraphs—an intrusive and meddle- flexibility. I say reportedly, because no one on some regulatory mess never envisioned, let safety measures are often costly and com- Capitol Hill has yet been provided a copy of alone sanctioned, under the Children’s Tele- plicated, and local communities need both fi- the proposed regulations. vision Act. nancial and technical help installing these I wish to thank Commissioner Quello for his In fact, Congress seemed to have just the safety measures. many years of distinguished service at the opposite in mind when it passed the act in July 25, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1373 1990. The legislation itself does not require At the risk of violence to the first Amend- Domestic violence is one of the greatest en- any prescribed number of hours or specific ment, we will not be doing children or their emies of our Nation's families. I have the ut- types of programming. Its champions in both parents any favors by rushing ahead with an most respect and admiration for the caring the House and Senate explained that the cri- overregulatory exercise in micromanage- people who do their best to help our country's terion should be ‘‘a station’s overall service ment. Both President Clinton and leaders in to children’’ and that a broadcaster should Congress have declared that ‘‘the era of big families through domestic crises. This is why, have the ‘‘greatest possible flexibility in how government is over.’’ Is that true for every- both as a State legislator, and again last year it discharges its public service obligation to one but the FCC? as a Member of the 104th Congress, I intro- children.’’ In so framing the Children’s Tele- f duced legislation supporting community re- vision Act, its sponsors wisely sought to in- sponse teams such as the one in Upper sulate both the act itself and the regulatory REMEMBERING THE ISRAELI Moreland. power of the FCC from legal challenges. OLYMPIC ATHLETES I am proud to rise today in recognition and For as the courts have repeatedly found, public-interest requirements relating to spe- support of compassionate men and women cific program content create a high risk that HON. NEWT GINGRICH like Ms. Judy Dwyer, who is a responder in such rulings would reflect the FCC’s tastes, OF GEORGIA the Upper Moreland program of which I rise in opinions and value judgments—rather than a IN THE HOUSE OF REPRESENTATIVES appreciation. neutral public interest. Such requirements I cannot say it enough. Our children and must be closely scrutinized, lest they carry Thursday, July 25, 1996 families are under attack. In Pennsylvania's the commission too far in the direction of Mr. GINGRICH. Mr. Speaker, I want to take 13th District, local solutions are making the censorship. As the Supreme Court recently this opportunity to remember the 11 Israeli difference, thanks to the vision and ability of concluded, ‘‘The Commission may not im- people like Lieutenant Robinson, Ms. Dalzell, pose upon licensees its private notions of Olympic athletes and coaches who were vic- what the public ought to hear.’’ tims of terrorism on September 6, 1972, dur- and Ms. Dwyer. The draft programming guideline rules ig- ing the Olympic games in Munich, Germany. f nore Congress’s deliberate decision to allow On Sunday, July 28, 1996, the Atlanta Jew- stations flexibility and thereby avoid con- PROTECTING SOCIAL SECURITY: ish Federation along with the Olympic Com- CONGRESS CANNOT AFFORD TO stitutional challenges. Instead, the draft mittee of Israel will host a memorial service rules virtually invite such a challenge. WAIT What’s going on here? A most worthy goal, honoring the Olympic competitors who were children’s educational and informational killed by terrorists in 1972. During this occa- programming, is being cleverly manipulated sion, a sculpture with an eternal flame, the HON. NICK SMITH to revive outdated and discarded ‘‘scarcity’’ Olympic rings, and the names of the victims OF MICHIGAN theories of broadcast regulation. Scarcity will be unveiled as a reminder of the tragedy IN THE HOUSE OF REPRESENTATIVES justified regulation many years ago, when and loss suffered on that dreadful day 24 Thursday, July 25, 1996 broadcast TV was the only show in town and years ago. a few stations were the only source of video Mr. SMITH of Michigan. Mr. Speaker, in programs. We remember again today the families and 1983, Congress and President Reagan formed Today, however, there is a superabundance friends of these athletes and coaches who suf- the bipartisan Greenspan Commission which of over-the-air broadcast outlets. Cable, with fered such a terrible loss at the hands of ruth- agreed on historic legislation to save Social its 135 networks, reaches 98 percent of all tel- less terrorists. Security. At that time, the Social Security Ad- evision homes. Satellite services have grown f ministration actuaries warned that the system rapidly, and VCRs are now in 83 percent of had an unfunded liability equal to 1.82 percent all American homes. To top it off, computers HONORING THOSE WHO BATTLE of taxable payroll. The 1983 law was sup- and the Internet are becoming an outlet of DOMESTIC VIOLENCE choice for our children’s time and energy. posed to solve this problem through the mid- With this incredible menu of program dle of the next century. However, the actuaries choices, claims of marketplace failure are HON. JON D. FOX now find that the unfunded liability is 2.19 per- outdated and farcical. The main legislative OF PENNSYLVANIA cent of taxable payroll, 20 percent worse than and regulatory thrust today must be toward IN THE HOUSE OF REPRESENTATIVES in 1983. competition and deregulation, not program Expressed in 1996 dollars, this liability Thursday, July 25, 1996 content regulation and First Amendment in- equals approximately $4 trillion. Put another trusion. Thus, it is increasingly difficult, Mr. FOX of Pennsylvania. Mr. Speaker, way, under the current system every bene- logically and legally, to justify additional Pennsylvania's 13th District is home to many regulation of broadcasting, the only medium ficiary for the next 75 years will have to ab- providing universal free service. weapons in the battle against domestic vio- sorb a 14 percent cut from baseline benefits What to do? First, this controversial draft lence. On the front lines we have a Montgom- for the system to balance. Alternatively, payroll FCC order should be released right away in ery County Victims Services Center, Laurel taxes will have to go up by 16 percent to re- its entirety for public comment. Let’s fully House, the Montgomery County Womens' store long-term solvency. The actuaries say inform everyone of its contents. Center, and the Montgomery County Commis- even larger benefit cuts or tax increases will WAKE-UP CALL sion on Women and Families. be needed the longer Congress delays. This is an unusual step, but this issue is I rise today to compliment another one of Traditionally, Congress waits until the last deteriorating into an unusually misguided these weapons, and to recognize the men and moment to solve such problems, using a crisis proceeding. If this draft order were made women who make it work. environment to convince our constituents and public, I can’t imagine anyone with any sen- In 1978, Upper Moreland, PA Police Lt. Carl sitivity to the First Amendment supporting ourselves that sacrifices have to be made. But it, since it calls for unprecedented govern- Robinson conceived the idea of establishing a this approach is unconscionable when waiting ment micromanagement of the nation’s lead- corps of trained mental health professionals until the last minute will force us to adopt a ing news and information medium. If adopt- who would accompany police to the sites of solution that will damage the economy and the ed, these rules would set a precedent that domestic violence police calls. Years later, Ms. lives of vulnerable workers and retirees. Under could shackle broadcasting with the prospect Bonnie Dalzell, who founded the counseling current law, there will only be two workers of even more extensive content and struc- center at St. Luke's in Glenside, PA, visited paying into the system for each retiree draw- tural regulation in the future. Public disclo- police stations in the Upper Moreland area to ing benefits early in the next century. There sure would serve as a nationwide wake-up acquaint police organizations with the mental call to what is potentially at stake for all were 42 workers for every retiree when Social communications media. health services she could provide. Security was started. On May 15, former So- Many congressmen have, in good faith, This conversation developed into the Sup- cial Security Commissioner Dorcas Hardy esti- signed a letter generally supporting three port Police Immediate Response Intervention mated Social Security could have insufficient hours of children’s programming. I cannot Team, a nonprofit organization serving the funds as early as 2005. Without meaningful believe these congressmen would support the communities of Upper Moreland, Abington, reform soon, very large benefit reductions or adoption of overly rigid rules that threaten and Jenkintown, PA. tax rate hikes are unavoidable. Fortunately, I to undermine the judicial sustainability of Mr. Speaker, as you know, much of a po- believe we can legislate a happy ending. the act itself. A three-hour-per-week guide- line for children’s educational programming liceman's work is crisis intervention. Not only The Social Security Administration has makes sense and is universally supported. has the presence of mental health volunteers scored my bill, the Social Security Solvency But it must be flexible enough to allow freed police to do the police work in cases of Act, and found that if everyone participates broadcasters to do their job—and flexible domestic violence, it has gone a long way to- each worker could invest between 1.81 per- enough to avoided censorship. wards safely resolving domestic conflicts. cent and 10.11 percent of his paycheck in a E1374 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1996 personal retirement savings accounts while CHILD SUPPORT ENHANCEMENT Gen. Paul Bergson, U.S. Army Reserve, on Social Security benefits continue to flow ACT OF 1996 his recent promotion from the rank of brigadier unimpeded. general. I regret that pressing business back home in Texas prevented me from being with My bill may not be perfect, but it offers a HON. GREG GANSKE Paul at his promotion ceremony, held July 18 way out and I believe Members of Congress OF IOWA IN THE HOUSE OF REPRESENTATIVES at the Pentagon. and the President can no longer avoid working I have had the pleasure of knowing and Thursday, July 25, 1996 on a solution to save Social Security. This pro- working with Paul for several years through posal holds harmless low and medium income Mr. GANSKE. Mr. Speaker, to day I am in- his work with the Asia Pacific Exchange Foun- workers and also existing retirees. Part I of the troducing the Child Support Enhancement Act dation. I know of no one more dedicated to bill eliminates the unfunded liability by slowing of 1996. This legislation will help ensure that serving his country and preserving the free- the growth in benefits in two basic ways. Initial deadbeat parents take personal responsibility doms on which the United States was founded for their children. than Paul. benefits will still rise, after inflation, but they It takes two people to bring a child into the won't almost double as they do under current Currently serving as a military assistant to world and it takes two people to raise a child the Assistant Secretary of the Army for Man- law. It also imposes some modest means test- in this world. Unfortunately, in too many power and Reserve Affairs, Paul has been a ing of benefits. Further, it gradually raises the cases, one parent believes that their respon- commissioned officer in the U.S. Army for retirement age 2 years longer than existing sibility ends when the baby is born. more than three decades. His service to the law. Together, these reforms more than elimi- While we cant legislate and force parents to Army and to his country inspires everyone nate the unfunded liability of the system ac- read to their children, attend Little League who knows him. cording to Social Security's actuaries. Under baseball games or show up at birthday par- Mr. Speaker, I know you join with me in part II, and most importantly, my proposal cre- ties, we can help make sure there is food in congratulating Paul on his recent promotion; in ates personal retirement savings accounts for children's mouths and clothes on their backs wishing him continued success in the U.S. working Americans that will be funded from by encouraging financial responsibility. This is Army Reserve and in his business. Bergson & the surplus after all benefits are paid. the personal responsibility of both parents. Company; and in extending to him and to his Too often, the failure of parents to take this Over time, the assets in workers' accounts wonderful wife. Jan, our very best wishes for responsibility contributes to custodial parents the future. will grow very rapidly, producing genuine re- ending up on welfareÐunable to make ends f tirement security. The balances in the private meet. Or, they are forced to take on two or accounts are the personal property of the more jobs just to keep afloat. This keeps them THE TERMINALLY ILL’S RIGHT TO workers. Worker/investors will still receive So- away from their kids who are already one par- BENEFITS ACT cial Security checks, although they will be ent short. smaller to reflect the amount personally in- Recent statistics are disturbing. In fiscal HON. WILLIAM O. LIPINSKI year 1993, while $20 billion in child support vested. However, the benefits flowing from OF ILLINOIS obligations had been legally established, only IN THE HOUSE OF REPRESENTATIVES their personal retirement savings accounts will $13 billion was collected and paid. Addition- more than make up the difference. Further- ally, in fiscal year 1994, the Child Support En- Thursday, July 25, 1996 more, account balances will belong to workers forcement Program collected child support Mr. LIPINSKI. Mr. Speaker, I rise today to and can be passed on to their heirs, improving payments for less than 20 percent of its case- introduce a bill that will provide greatly needed the financial security of wives, husbands and load. financial relief to individuals that are inflicted their children. Personal retirement savings ac- I do not believe that child support is merely with a terminal illness. Currently, terminally ill counts can be ``cashed-out'' as early as age a legal duty, it is a moral duty. individuals must wait for the standard 5-month 60. That is why I am introducing the Child Sup- waiting period before the first social security port Enforcement Act of 1996. This bill author- With some safeguards, it would be up to disability payment can be received. However, izes the seizure or interception of judgments many people with such illnesses tragically each worker to determine how his funds will or settlements to private individuals in suits pass away before they ever receive any pay- be invested or whether to fund a personal re- brought against the Federal Government. The ments. tirement savings account at all. In fact, work- legislation applies to settlements or judgments Sick pay, temporary disability programs, and ers may elect to remain in the existing system in both administrative actions and claims in a other private disability pension programs do if they wish and collect only Social Security court of law. not often cover a period as long as 5 months, benefits. It will be their option alone whether to Currently, State child support enforcement and the gap in income during the waiting pe- place a portion of their paychecks in the officials and others working on behalf of custo- riod affects terminally ill individuals when they dial parents can seize or intercept money in hands of professional money managers. How- can least afford it. Besides, these people have suits against private individuals and State gov- ever, funds must be invested under the legal paid money into the Social Security System ernments, but only in very narrow cir- through payroll taxes and have a right to re- limits of the Individual Retirement Accounts cumstances can they do this when Uncle Sam [IRA's]. Also, under the proposal managed in- ceive immediate benefits that would greatly di- is involved. minish the hardships that are suddenly con- vestment accounts will have to meet some ad- If a deadbeat parent is going to receive fronted by the terminally ill. ditional investment and reporting require- money from the Federal Government, this leg- According to the Social Security Administra- ments. islation will help to ensure that the parents tion, the 5-month waiting period was instituted Another important benefit of this proposal is children get their slice of this money. to ensure that people are sufficiently disabled We must continue to close loopholes in the that it will stabilize fiscal policy. This year, So- to qualify for benefits. I strongly feel that termi- current system and make it easier for child nal patients should, in now way, be made to cial Security will take in $64 billion more than support collectors to do their job. This will it distributes. By 2002, the annual surplus will justify their condition. Moreover, medical make life easier for our Nation's children. science has developed to a point where the rise to $104 billion. But in 2025 and beyond, For kids' sake, I urge my colleagues to sup- art of diagnosing terminally ill, and therefore, there will be annual cash deficits of $330 bil- port this bill. disabling conditions, provides a sufficiently re- f lion and rising as far as the eye can see. liable picture of the severity of the illness. This Under this plan, cash flow in and out of the CONGRATULATING MAJ. GEN. bill would define terminally ill patients as one Social Security System will always be equal. PAUL BERGSON, USAR that has an illness which is expected to result Pressure to cut other spending or to raise in death within the 12 months. taxes will not be required by cash flow prob- HON. JACK FIELDS I urge all of my colleagues to join me as co- lems. Social Security will be depoliticizedÐas OF TEXAS sponsors of this very important legislation. Un- fortunately, many Americans are hit with a it should be. IN THE HOUSE OF REPRESENTATIVES merciless terminal illness while in the prime of Together, we can restore the solvency of Thursday, July 25, 1996 their lives, and we should grant them their America's most popular program and make it Mr. FIELDS of Texas. Mr. Speaker, I want right to collect disability payments that they even better. H.R. 3758 does that. to take this opportunity to congratulate Maj. have earned so that they can worry less about July 25, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1375 financial concerns and live the rest of their L. Regretting the fact that Taiwan at NEIGHORS WORKING FOR QUALITY lives in dignity. present is prevented from making a full con- CHILD CARE f tribution to the United Nations and its agen- cies, and stressing that, for the efficiency of EUROPEAN PARLIAMENT URGES the UN, Taiwan’s participation would be de- HON. JON D. FOX GREATER RECOGNITION FOR sirable and valuable, OF PENNSYLVANIA TAIWAN 1. Urges: IN THE HOUSE OF REPRESENTATIVES (a) The Council and Member States to sup- Thursday, July 25, 1996 port Taiwan’s attempts to secure better rep- HON. GERALD B.H. SOLOMON resentation that it currently enjoys in inter- Mr. FOX of Pennsylvania. Mr. Speaker, I OF NEW YORK national organizations in the field of human rise today to recognize 300 citizens of Mont- IN THE HOUSE OF REPRESENTATIVES and labour rights, economic affairs, the envi- gomery County, PA., who, on Saturday, June Thursday, July 25, 1996 ronment and development cooperation fol- 8, raised an estimated $10,000 during the lowing the precedent of certain cases, known Walk for Quality Child Care at the Montgom- Mr. SOLOMON. Mr. Speaker, on July 18, to international law, of countries recognized ery County Community College campus. the European Parliament adopted a resolution as independent and sovereign even though As you know, Mr. Speaker, more than 41¤2 urging its member states to support greater the nature of their diplomatic connections and the person of then head of state did not million children under the age of 5 are cared representation for the Republic of China on for during the day by someone other than their Taiwan in international organizations. display the full symbolic panoply of com- plete sovereignty (e.g., Her Britannic Maj- relatives. This is not an inexpensive cir- The resolution is a proper recognition of the esty’s Dominions, American Samoa, or, until cumstance. great strides that the people of Taiwan have recently, the Ukraine and Belarus); The men, women, and children who gath- made toward democracy and respect for (b) The Council and Member States to ask ered on June 8 recognize this. They know that human rights over the past several years. This the United Nations to investigate the possi- without adequate funding for child care, their progress stands in stark contrast to the con- bility of setting up a UN working group to children's safety and well-being are jeopard- tinuing tyrannical and aggressive behavior of study the scope for Taiwan to participate in the activities of bodies answerable to the UN ized. the Communist Chinese regime in Beijing. Many of the best child care centers cannot Since Taiwan, and not Communist China, General Assembly; care for infants because of the expense. The represents the best model for the future of (c) The Council and Member States to en- budgets of most centers are exhausted on Chinese civilization, it is my sincere hope that courage the governments of the People’s Re- maintaining staff, leaving nothing in the way of the world community will follow the advice of public of China and Taiwan to intensify their cooperation in a constructive and peaceful activities for the children. The money raised this resolution, which I would like to insert for spirit; during the Walk for Quality Child Care will be the RECORD. (d) The Council to Urge the Commission to used to buy tricycles and a parachute for the THE EUROPEAN PARLIAMENT adopt measures with a view to opening a Eu- children of Hatfield. Having regard to Article J.7 of the Treaty ropean Union information office in Taipei; There can be no downsizing in child care. on European Union, 2. Instructs its President to forward this A. Satisfied with the current state of Tai- Regulations abound for child care providers; resolution to the Council and to the Commis- regulations which cost money to those who wan’s democracy and Taiwan’s respect for sion. the principles of justice, human rights and earn their livelihood by caring for their neigh- bors' children. Most spend more than 10 hours fundamental freedom, f B. Welcoming the fact that the elections in per day with children other than their own. Taiwan were conducted democratically and CALIFORNIA NEEDS A BALANCED In a day where family budgets are squeezed peacefully despite the overt aggression and FEDERAL BUDGET by big taxes and big government, the citizens provocation by the People’s Republic of who put children first on June 8, some of China, C. Having regard to Taiwan’s wish to par- whom pay in excess of $1,000 per month in ticipate in international aid to developing HON. RON PACKARD child care, combined their voices to say, ``We countries, OF CALIFORNIA will not let our children be the victims of eco- D. Having regard to the significance of de- IN THE HOUSE OF REPRESENTATIVES nomic pressure.'' I'm sure you join me, Mr. velopments in the political situation in Tai- Speaker, in applauding these caring people for wan for the whole of East Asia at a geo- Thursday, July 25, 1996 their efforts to make sure their children have political and economic level and in terms of the same opportunities for happiness that our a policy of stability, security and peace in Mr. PACKARD. Mr. Speaker, my Republican the Western Pacific region, colleagues and I know the infinite potential for generations have enjoyed. E. Welcoming the attitude of reconcili- our great Nation if we balance the budget. f ation displayed by President Lee Teng-hui What many do not realize is what it means at A TRIBUTE TO E.R. ‘‘BOB’’ towards the People’s Republic of China and home in our own States. MORRISSETTE, JR. looking forward to a dialogue spanning both The House-passed balanced budget clearly sides of the Taiwan Straits, shows that we can balance the budget, pro- F. Convinced that the people of Taiwan HON. SONNY CALLAHAN ought to be better represented in inter- vide tax relief to working families, and still pro- OF ALABAMA national organizations than they are at vide Federal spending for programs crucial to present, which would benefit both Taiwan State and local governments. However, if IN THE HOUSE OF REPRESENTATIVES and the whole of the international commu- spending continues to grow unchecked, as it Thursday, July 25, 1996 nity, has in the past, we will heap even more debt G. Whereas neither the European Union Mr. CALLAHAN. Mr. Speaker, as you know, on the backs of our childrenÐCalifornia's chil- the Alabama delegation is rather small in num- nor any of its Members States have diplo- dren. matic relations with the Government of Tai- ber, but we are close in mind and heart on wan, recognizing only the People’s Republic Californians already pay more in taxes than many issues, often reaching across the politi- of China, just about any State in the Union. California cal divide, especially when it involves a matter H. Whereas Taiwan is very important to families, who today pay a higher share of their of importance to our beloved State. the European Union and its Members States family income in taxes than at any time in our That is all the more reason why the death as a trade partner, Nation's history, need a balanced budget. We this past Sunday of E.R. ``Bob'' Morrissette, I. Whereas it is important for the European have been a donor State for far too long. It's Union and its Members States to develop Jr., a longtime aide to my colleague, Senator their relations with the governments of both time the scales tilted. HOWELL HEFLIN, is so difficult to accept. While the People’s Republic of China and Taiwan in Oddly enough, even the unions that rely on the Judge has lost an important member of his an amicable and constructive spirit, government spending agree that a balanced office family, our State, and especially south J. Urging the governments of the People’s budget works for CaliforniaÐdollars for Cali- Alabama, has lost one of the most likeable Republic of China and Taiwan to intensify fornia actually go up under Congress' plan to and most decent men ever to work in the pub- their cooperation, balance the budget. K. Stressing that participation by Taiwan lic arena. in certain international organizations can Mr. Speaker, we know that a balanced Bob was 73 at the time of his death and un- assist with finding common ground between budget is good for the country. More impor- fortunately, poor health had slowed him down China and Taiwan and facilitate reconcili- tantly, it is good for America's hard-working a bit during the past few months. But through- ation between the two sides, familiesÐand, it is good for California. out his career, first as a journalist, and later as E1376 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1996 a loyal and trusted confidante to Senator HEF- PROVIDING FOR CONSIDERATION Congress making things happen and protect- LIN, Bob Morrissette was first and foremost a OF H.R. 3816, ENERGY AND ing the interests of not only the citizens of southern gentleman. WATER DEVELOPMENT APPRO- New Jersey, but the interests of all Americans. PRIATIONS ACT, 1997 Probably one of the reasons Bob was so f good at what he did was because of the genu- SPEECH OF ine concern he had for his fellow man. An- HON. WILLIAM J. MARTINI PROVIDING FOR CONSIDERATION other reason was simply because Bob OF NEW JERSEY OF H.R. 3816, ENERGY AND Morrissette was a man of integrity. When he IN THE HOUSE OF REPRESENTATIVES WATER DEVELOPMENT APPRO- gave you his word, you needed no other as- PRIATIONS ACT, 1997 surance. Wednesday, July 24, 1996 The House in Committee of the Whole Born in Monroe County into one of south House on the State of the Union had under SPEECH OF Alabama's most prominent families, Bob never consideration the bill (H.R. 3816) making ap- let the good name or success of his family propriations for energy and water develop- HON. ROB PORTMAN stand in the way of his willingness to provide ment for the fiscal year ending September 30, 1997, and for other purposes: OF OHIO a helping hand. In fact, that is one of the hall- marks of the Morrissette familyÐthey are al- Mr. MARTINI. Mr. Chairman, I wish to thank IN THE HOUSE OF REPRESENTATIVES ways doing good things to better their commu- all of the committee members who worked tirelessly to put together a fair and economi- Wednesday, July 24, 1996 nity, and Bob carried on that proud tradition in cally responsible energy and water develop- countless ways. ment appropriations bill. The House in Committee of the Whole House on the State of the Union had under He and Senator HEFLIN became friends This bill has carefully balanced the interests consideration the bill (H.R. 3816) making ap- when both were attending the University of of environmentalists with those in the business propriations for energy and water develop- Alabama in the mid-1940's. While the Judge community. It provides the language that will ment for the fiscal year ending September 30, returned to the northern part of the State to enable our ports to once again flourish, our 1997, and for other purposes: citizens to be protected from flooding, our en- pursue a career in law, Bob returned home to vironment to be preserved, and our taxpayers' Mr. PORTMAN. Mr. Chairman, I rise today his native south Alabama and entered the dollars to be wisely and not frivolously spent. in support of the Energy and Water appropria- world of journalism. His first assignment was a I would like to specifically mention three pro- tions bill. I applaud the Appropriations Com- stint at the Baldwin Times in Bay Minette. In visions in the bill that are of great importance mittee for their thoughtful approach to the dif- 1959, he moved to Escambia County to take to the citizens in my district. ficult task of balancing our Nation's energy over the Atmore Advance. Bob was owner, First, this bill includes funding for the clean- and water priorities during this era of fiscal re- editor, and publisher of the Advance for two up of the thorium site in Wayne, NJ, which straint. I commend Chairman MYERS and the decades, and like so many others who hold has been a concern to that community. The other members of the committee for their ef- this important post in a small town, he, too, removal of the thorium-contaminated soil from forts. became a one-man chamber of commerce for the Wayne interim site is an issue of great I am particularly interested in the provisions concern to me. After the election in 1994, I his hometown. of this bill relating to the Department of Ener- traveled to Wayne to discuss the removal of gy's Environmental Restoration and Waste During his career in journalism, Bob re- the tainted soil with Mayor David Waks. Management budget. There are many con- ceived countless awards and honors. In 1976, On July 20, 1995, the U.S. Department of taminated sites around the country left over he received the Distinguished Alumnus in Energy announced that Envirocare would be from nuclear energy and nuclear weapons re- Journalism Award from the University of Ala- awarded a $16 million contract to remove, search and production. Those of us who rep- bama. Two years later he became president of transport, and store the soil in their Utah facil- resent the areas affected by these sites know the Alabama Press Association. ity. In October, Envirocare began the removal that people are concerned about the health ef- process of the contaminated soil. This process In 1979 Bob once again teamed up with his fects of these sites to themselves and their can continue thanks to the increased funding childrenÐand concerned that no one will fix old college pal, HOWELL HEFLIN, who had just in today's measure. the problem. I believe this bill sends a strong Second, this bill provides funding for a been elected to the Senate the year before. In message that the Federal Government will buyout alternative to the Passaic River flood Bob, Senator HEFLIN knew he had a steady continue to meet its cleanup obligations. hand at the wheel running his southwest Ala- tunnel,which protects wetlands while providing Within the context of our increasingly tight bama operation. Not only did Bob know south critical flood protection to my constitutents. Back in 1994 when I was first running for Con- budget constraints, the Environmental Res- Alabama like the back of his hand, but he gress, I recognized the importance of flood toration and Waste Management Budget ap- loved her people and her soil. protection to the citizens of the Eighth Con- propriation is a reasonable investment of pub- Bob Morrissette was one in a million. Upon gressional District in New Jersey. In addition, lic money. Administrative and support costs meeting you for the first time, he made a con- I recognized that there must be a more eco- have been streamlined, while funding for nection for life. When you called him with a nomically and environmentally sound flood cleanup activitiesÐthe true heart of this problem or concern, you knew it would be- control alternative to the proposed flood tun- budgetÐhas been protected. come his problem and concern. He was just nel. That project had a price tag of $1.9 billion In my district, the Fernald siteÐa former and would have had extensive negative af- that type of human being. uranium processing centerÐhas potentially fects on area wetlands and the existing caused thousands of people, through no fault When he was running for President in 1912, ecosystems. of their own, to be exposed to hazardous con- Woodrow Wilson said, ``There is no cause half By providing for a buyout of certain wet- taminants in the air, in the soil, and in the lands, we are taking great strides toward both so sacred as the cause of a people. There is water. Although problems at the site still per- flood protection for our citizens and environ- no idea so uplifting as the idea of the service sist, and I have requested a GAO investigation mental protection for the Passaic River, while of humanity.'' into certain serious allegations relating to the saving the taxpayer money. management of the site, considerable Though he held no elected office himself, Lastly, the bill provides funding for the con- progress has been made in cleaning up Bob Morrissette served his community, his tinued construction of the Molly Ann's Brook Fernald. State, and his Nation as well as, if not better flood control project, which affects residents than, most men and women who ever place from Paterson, Haledon, and North Haledon, The Fernald site is operating under an ac- their names on a ballot. NJ. I am pleased that the committee continued celerated remediation schedule, so that the to treat this project with the urgency and prior- site will be clean in 9 years, and not the 25 We're going to miss Bob, and it will be a ity that it deserves. years originally plannedÐcreating a savings to long, long time before we see another man Once again, I extend my thanks to the com- the taxpayer of approximately $2 billion. This like him. He was truly one of a kind. mittee. This bill is clear example of the 104th accelerated remediation program, if successful July 25, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1377 could serve as a model for other clean-up ef- everything she's done for me and my constitu- consideration the bill (H.R. 3816) making ap- forts around the country. In fact, the Appro- ents in the 11 years that she has worked in propriations for energy and water develop- priations Committee's report specifically com- my office. ment for the fiscal year ending September 30, 1997, and for other purposes: mends the efforts underway at Fernald. Robin has worked on Capitol Hill since I urge my colleagues to support this legisla- 1971. From 1971 to 1976, she served as sys- Mr. RICHARDSON. Mr. Chairman, I rise in tion. It continues to provide reasonable fund- tems manager for Representatives Charles opposition to the DeFazio-Petri amendment. ing to protect our natural resources. It still Thone. From 1980 to 1984, she held the same Their amendment would seek to strike funds helps us to achieve our goal of balancing the position in the office of Representative Larry from the Animas-La Plata project. This project budget by 2002Ðand it will help us to fix an Coughlin. And from 1984 to 1985, she served is especially important for New Mexico and environmental hazard that has placed thou- as systems manager for Representative Colorado. sands of people at risk. Buddy Darden. As you know, water in my State and f The first time I met Robin, I was impressed throughout the arid West, is like gold. Con- by her extensive experience and her profes- sequently, water needs to be conserved. Con- HONORING MUSIC EDUCATORS AT sionalism. But the more we talked, the more I servation includes storage for the inevitable PENNFIELD MIDDLE SCHOOL realized that she was not just someone who dry years. This year has seen a major drought knew how to get a job doneÐalthough she in the region. HON. JON D. FOX certainly knew that. I came to appreciate her Had construction of the Animas-La Plata OF PENNSYLVANIA personal warmth and sincerity, and her per- project begun in 1990, as was originally IN THE HOUSE OF REPRESENTATIVES sonal warmth and sincerity, and her eager- scheduled, there would have been enough ness to pitch in to ensure that my constituents water stored for the citizens in northwestern Thursday, July 25, 1996 received timely responses to their letters and New Mexico. Over the years, delay in the con- Mr. FOX of Pennsylvania. Mr. Speaker, calls. Over time, as computer systems have struction of this project have put over 100,000 those who enable children to experience the proliferated and become more complex, I have people at risk. beauty of music are those who brighten our been impressed with Robin's ability to adapt to Furthermore, in a land where Indians and future. I am pleased to have some of these new technologyÐjust as she has adapted to a non-Indians live together, it is important to wonderful people in Pennsylvania's 13th dis- variety of personnel and other changes in my share water. In 1985, the Colorado Ute tribes trict. office. began to negotiate a sharing of their senior One of them is Mr. Alan Malachowski, the Five years ago, I asked her to assume new water rights on tributaries to the San Juan band director at Pennfield Middle School. Mr. responsibilities as my office managerÐa re- RiverÐwater which many of my constituents Malachowski recently attracted a grant from quest she readily and eagerly accepted. But in northwestern New Mexico need to sustain the North Penn Educational Foundation which more than her competence as a member of their quality of life and secure their future. The allowed his students to experience music in a my staff, I wish to say a word about Robin as Ute tribes should be complemented for these way many of their peers are not afforded. an individual, and as a mother. negotiations. Mr. Malachowski convinced nationally To determine what kind of a person some- This amendment would render that agree- known composer Jared Spears to compose a one is, one need only look at that person's ment void. Let's not tell the Ute tribes and the work based on the history of the Montgomery children. Robin's daughter, Emily, and her people of New Mexico and Colorado, who County Fair, to teach the piece to student mu- son, Andrew, are proof that the qualities she strive to share a valuable resource, that their sicians during 2 days of intense rehearsal, and brings to their work in my office are the quali- efforts have meant nothing. to personally conduct the students' perform- ties she lives by. Both Emily and Andrew have I encourage a ``no'' vote on the DeFazio- ance of the work, entitled ``The Brass Ring'', been recognized for academic excellence in Petri amendment. on May 30 at the school. high school and college. The hard work and f Mr. Speaker, I'm sure you join me in ap- dedication they have demonstrated were in- plauding the efforts of Mr. Malachowski, Dr. stilled in them by their mother, who has suc- PROVIDING FOR CONSIDERATION Spears, and the student musicians at cessfully balanced the difficult roles of single OF H.R. 3816, ENERGY AND Pennfield Middle School. Not all young people mother and congressional staff member. WATER DEVELOPMENT APPRO- have the privilege of such an enriching experi- Robin Bridges is one of those hardworking PRIATIONS ACT, 1997 ence. Not all young people have the oppor- men and women who make all of us in this in- tunity to learn from impassioned educators like stitution look better than we deserve. I know SPEECH OF Mr. Malachowski. she has done that for me, and I appreciate this opportunity to publicly thank her for the HON. SANDER M. LEVIN Music helps young people to form a world OF MICHIGAN view. All of humanity is moved by the beautiful dedication, loyalty and professionalism she IN THE HOUSE OF REPRESENTATIVES compositions of men like Dr. Spears. I am has exhibited throughout the years it has been proud to recognize the efforts of those who by my privilege to know and work with her. Wednesday, July 24, 1996 teaching music point out to our children many Robin has yet to make a definite decision The House in Committee of the Whole of the better things in life. about what she wants to do in the years House on the State of the Union had under f ahead. But knowing he as well as I do, I am consideration the bill (H.R. 3816) making ap- confident that the skills and the personal quali- propriations for energy and water develop- THANK YOU, ROBIN BRIDGES, FOR ties she has demonstrated in my office will ment for the fiscal year ending September 30, YOUR LOYAL SERVICE lead to continued success in the future. 1997, and for other purposes: Mr. Speaker, I know you join with me in Mr. LEVIN. Mr. Chairman, I rise in strong HON. JACK FIELDS saying thank you to Robin Bridges for her support of the Schaefer amendment. OF TEXAS years of loyal service to me, to the men and Pulling the plug on our Nation's investment women of Texas' 8th Congressional District, IN THE HOUSE OF REPRESENTATIVES in solar and renewable technology is short- and to this great institution. sighted. The funding reductions contained in Thursday, July 25, 1996 f the bill threaten to undermine any hope the Mr. FIELDS of Texas. Mr. Speaker, it was PROVIDING FOR CONSIDERATION United States has for energy security. Renew- with mixed emotions that I announced last De- OF H.R. 3816, ENERGY AND able energy programs offer enormous benefits cember 11 my decision to retire from the WATER DEVELOPMENT APPRO- for a very small investment. House at the conclusion of my current term. PRIATIONS ACT, 1997 I know something about this issue as a As I explained at the time, the decision to re- company in my districtÐUnited Solar Systems tire was made more difficult because of the SPEECH OF Corp. of Troy, MIÐdeveloped a solar cell that loyalty and dedication of my staffÐand be- recently set a new world record for converting cause of the genuine friendship I feel for them. HON. BILL RICHARDSON the Sun's energy into electricity. This effi- Each one of them has served the men and OF NEW MEXICO ciency record would not have been achieved women of Texas' 8th Congressional District in IN THE HOUSE OF REPRESENTATIVES without the assistance of the Federal Govern- an extraordinary way. Wednesday, July 24, 1996 ment. Today, I want to thank one member of my The House in Committee of the Whole Most of us are familiar with the solar cells staffÐRobin Bridges, my office managerÐfor House on the State of the Union had under that power calculators and other consumer E1378 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1996 products. The new solar products developed CYPRUS—22 YEARS OF DIVISION an end to Turkish occupation on the island, by United Solar are a full four to five times putting in place a U.N. peacekeeping force, more efficient. SPEECH OF ensuring property restoration, and a full ac- Not only are the new solar cells better at HON. DAVID FUNDERBURK counting of the missing persons. Nothing less converting sunlight into usable electricity, they OF NORTH CAROLINA will suffice. are also cheaper to make. Again, this is an IN THE HOUSE OF REPRESENTATIVES f example of progress that would not have been Tuesday, July 23, 1996 MONTGOMERY BUS BOYCOTT: 381 made without a public-private partnership. Mr. FUNDERBURK. Mr. Speaker, in the DAYS; DETROIT NEWSPAPER The progress we've made is proof that pri- summer of 1974, 6,000 Turkish troops and 40 STRIKE: 378 DAYS vate industry and government can work to- tanks formed the invasion force and occupied gether to develop technology that creates new more than a third of the island of Cyprus. One HON. JOHN CONYERS, JR. jobs in the United States, increases our Na- of the tragedies of the Cyprus invasion is the OF MICHIGAN tion's energy security, and protects the envi- missing persons. Since 1974, five Americans IN THE HOUSE OF REPRESENTATIVES and 1,493 Greek Cypriots and perhaps 803 ronment. Thursday, July 25, 1996 Turk Cypriots are missing. To put the current At the same time, there is a large and grow- tragedy into better perspective, I quote my Mr. CONYERS. Mr. Speaker, 378 days ago ing world market for renewable energy and ef- good friend Congressman MICHAEL BILIRAKISÐ more than 2,500 employees of the Detroit ficiency technologies. This market is worth the Turkish force ``occupied almost 40 percent News and Detroit Free Press went on strike hundreds of billions of dollars over the next of the island, representing 70 percent of the after management and their unions were un- decade. country's economic health.'' Cyprus is the only able agree to new contracts. If our Nation does not help American com- country in the world that is divided by a This strike has been terribly disruptive to the panies to develop the technologies to capture barbed wire fenceÐthe Green Line. This social, economic, and cultural fabric of the De- this market, we will abandon the field to our barbed wire fence forcibly keeps more than troit area. Both the newspapers and the strik- international competitors. Japan and Germany 200,000 Greek Cypriots away from their tradi- ers and their families have paid a heavy price invest far more in their nation's photovoltaic tional homes. for this year-long strike. The Detroit News and programs than we do. There are no easy solutions to this thorny Detroit Free Press have seen their circulations drop, advertisers flee, and profits plummet; The bottom line is that new industries, jobs question. The presence of 35,000 Turkish troops garrisoned in northern Cyprus makes it every week that the strike continues, the and wealth will go to the nations who succeed more difficult to resolve. Both Greece and Tur- newspapers lose another million dollars. But in developing and applying new technologies. key are NATO allies of the United States. more importantly, some striking workers have If you want to let other countries win the tech- However, we must call for the cessation of all had to file petitions for bankruptcy or have lost nology race, then vote against the Schaefer violations of human rights on the island of Cy- their homes; others are in bad health and can- amendment. prus. not pay their medical bills; they have seen Once again, I urge support for solar and re- While some individuals may have great his- their jobs filled by replacements recruited from newable energy. Vote for the amendment. torical memory, on the whole, our collective out of State or eliminated entirely. memory is very short. Other than the Arme- This strike has become more than just a f nians, how many people remember what hap- dispute between a company and its employ- pened to the Armenians. Similarly, we must ees. It is about corporate social and economic SARAH CHURCHILL, A not forget what the Turks did in Cyprus. Be- responsibility and the need for employers, re- COURAGEOUS YOUNG LADY fore the term ethnic cleansing became popular gardless of size, to threat their community and and common usage in Bosnia, the Turkish employees fairly and with respect. It is critical army in Cyprus practiced it against the Greek to the future of this Nation that we recognize HON. JON D. FOX Cypriots. The atrocities of the Turkish army the importance and validity of the collective OF PENNSYLVANIA were so notoriousÐwholesale and repeated bargaining movement. If unions in Detroit can rapes of women of all ages, systematic tor- be willfully broken, then the future of the col- IN THE HOUSE OF REPRESENTATIVES ture, savage and humiliating treatment of lective bargaining movement in the United Greek Cypriots as well as extensive robbery States may be in jeopardy. Thursday, July 25, 1996 and lootingÐthat their approach caused thou- Economic and political struggles have never Mr. FOX of Pennsylvania. Mr. Speaker, I am sands of Greek Cypriots to abandon their been easy. The Montgomery bus boycott went pleased to have in Pennsylvania's 13th district homes and take flight. on for 381 days, it took 15 years to make Mar- an extraordinary young lady who has earned In this context, a comprehensive proposal tin Luther King, Jr.'s birthday a Federal holi- the honor of Better Hearing and Speech by Mr. Glafcos Clerides, the President of Cy- day, Nelson Mandela was in prison for 27 Month Child of the Year. Sarah Churchill, who prus, in December 1993, called for the com- years in the long battle to end apartheid, and is 6 years old, a gymnast, swimmer, and artist, plete demilitarization of the Republic of Cy- the right to vote, even with a constitutional is serving to increase awareness of resources prus. This would have the effect of breaking amendment and a variety of Federal statutes, available to hearing and speech impaired chil- the vicious cycle of fear and mistrust and lead- has only recently become available to all citi- dren. ing Cyprus into negotiated settlement by: zens. 1. Disbanding the Cyprus armed forces, the Now is the time for all persons on all sides When this American hero was just a year National Guard, and handing over its equip- of this dispute to join with me in urging the old, Miss Churchill was diagnosed with pro- ment to the U.N. forces in Cyprus; Detroit Newspapers and the striking workers found hearing loss. Soon after, she enrolled at 2. Establishing an enlarged U.N. peace- to once again come to the bargaining table or the Helen Beebe Speech and Hearing Center keeping force, funded by the Government of alternatively submit to binding arbitration and in Easton, PA. Cyprus; end the stalemate that is tearing Detroit apart. Miss Churchill was chosen this year by the 3. Creating a fund, under U.N. supervision f for development projects benefiting both com- Council for the Better Hearing and Speech A SALUTE TO JOHN POWELL Month to represent the needs of children with munities in CyprusÐas recommended by An- hearing and speech impairments. She has had drew J. Jacovides, Ambassador of Cyprus to the opportunity to meet other children's advo- the United States to the Foreign Service Insti- HON. GARY L. ACKERMAN tute of U.S. Department of State, Feb. 6, cates, including Heather Whitestone, and has OF NEW YORK 1996. visited with the President and First Lady to IN THE HOUSE OF REPRESENTATIVES It is hard to find a solution for the situation fight for education reforms and public aware- in Cyprus acceptable to all parties. For the Thursday, July 25, 1996 ness. United States our primary goal must be to Mr. ACKERMAN. Mr. Speaker, I rise on the I'm sure you will join me, Mr. Speaker, in seek an end to the injustice that has fallen on floor of the Congress to commend a great sending best wishes to Miss Churchill in her the people of Cyprus. We must see that jus- American, John Powell, who is assisting the efforts to improve the lives of children across tice for the Cypriots prevails in the end. Doing Jewish National Fund in their efforts to bring our country. the right thing in this case means demanding trees to the land of Israel. I may also note, July 25, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1379 with some trepidation, that John serves as the TRIBUTE TO ZEN ART AND POT- Japan; the Army of Occupation, Germany; highly effective chairman of the Suffolk County TERY OF THE VENERABLE KIM and American Defense. Republican Committee. Throughout his career, KYUNG AM ‘‘In the heat of battle you didn’t think too much about things like that,’’Mangum re- he has displayed a strong commitment to his called. ‘‘I did it because I love my country.’’ community, and has gained the utmost re- HON. JAY KIM As an example of the emphasis Mangum spect from local leaders on both sides of the OF CALIFORNIA puts on the medals, he commented, ‘‘After partisan divide. Moreover, John's career un- I’d been wounded three times, I gave two IN THE HOUSE OF REPRESENTATIVES derscores how much one person can accom- purple hearts back.’’ plish through a disciplined work ethic. Thursday, July 25, 1996 Two of Mangum’s wounds were inflicted by German prisoners of war. ‘‘We took 77,000 John Powell moved to Long Island when he Mr. KIM. Mr. Speaker, I rise to pay tribute was 11-years-old and graduated from prisoners from the day we crossed the Rhine to the Ven. Kim Kyung Am on the occasion of until the day they ordered us not to fire Patchogue-Medford High School in 1978. the 4th Zen Art and Pottery Exhibition. more weapons.’’ Mangum recalled. While attending Suffolk Community College, For the past 15 years, Ven. Kim has de- One wound was inflicted when 13 German John held two gas station jobs to help pay for voted his time and energies to building the prisoners tried to escape. The prisoners took his education. He also volunteered with the Borimsa Temple in Fairfax, VA and in publish- weapons from Americans and opened fire. ‘‘I Brookhaven Republican Party, stuffing enve- ing the Korean Buddhist News, USA. He has heard a bullet hit my helmet,’’ Mangum said, lopes and making phone calls. These early ex- also been responsible for opening the U.S. ‘‘My helmet flew off my head. Blood was periences helped establish his strong work gushing. I had the worst headache.’’ branch of the Daewon Buddhist College in Vir- On another occasion. ‘‘I went in a German ethic, and commitment to public service. John ginia and is known for his active missionary barracks. There was a Luftwaffe boy with a eventually was recommended for a job with work in the Korean-American community. bayonet held up high. When he came down the Brookhaven Town Highway Department According to the teaching of Buddhist scrip- with it, I hit it with my arm. It took a slice where he was quickly promoted to being an ture, ``Belief is the mother of virtues; wisdom out of my arm. I was given a Purple Heart executive assistant to Highway Superintendent of compassion makes no enemy.'' Following but I gave it back. I wasn’t really hurt. Harold Malkmes. Once again, John's hard this teaching with much devotion, he is cur- Another wound was inflicted after he work and dedication helped him rise to meet thought he was out of danger. German sol- rently engaged in building a new temple build- diers had focused on him because he was an new challenges. ing in the greater Washington, DC area. The officer. ‘‘They had picked me out,’’ he re- In 1988, John was elected to the New York fourth Zen art and pottery exhibition is part of membered. ‘‘I lay down on my back and put State Assembly. He brought his unique, blue that effort and part of the overall effort by Ven. my helmet up to draw fire. They shot 15 collar perspective to the halls of the New York Kim to foster peace, freedom and welfare in times.’’ State Capitol. After a year in Albany, John felt the world community. When the firing stopped, he stood up. An the need to return to his community. He ran Regardless of religious faith, I believe we artillery shell then exploded near him. ‘‘I for Brookhaven town council and won handily. can all agree that Ven. Kim's goals are very heard it hit my lower stomach,’’ he remem- bered. I got in the woods and pulled my During his tenure on the council, John became commendable and speak highly about his intricately involved in Brookhaven town mat- britches down. It didn’t look bad to me. I fig- compassion and vision for the future. The 4th ure I’d have it looked at later. I got some ters. In 1991, John became the Brookhaven Zen art and pottery exhibition is a means by mercurochrome and doctored it. It healed town Republican leader. By 1995, he rose to which we can all visualize these concepts. I from the outside but not the inside.’’ the chairmanship of the Suffolk County Re- encourage my colleagues to join me in honor- After the war, a piece of shrapnel ‘‘no big- publican Committee, where he has served ing the work of Ven. Kim. ger than my little finger’’ was removed. The with honor and distinction. He now lives in the f surgeon also ‘‘took four of five inches of my town of Medford with his wife Linda, and their intestine.’’ three children, Alexandria, John, and Anthony. TRIBUTE TO CAPT. INGLIS P. He had to be asked about the times he was John often works closely with the county ex- MANGUM wounded, but he spontaneously said, ‘‘I helped deliver a baby. We took an airfield in ecutive to solve some of Long Island's most Czechoslovakia in February or March of 1945. complex problems. His perseverance and HON. FLOYD SPENCE I lost 65 wounded and 19 killed taking that dedication to the community have gained rec- OF SOUTH CAROLINA airport. We pounded it with artillery and air ognition across New York State. More impor- force all day, all night, all the next day and IN THE HOUSE OF REPRESENTATIVES tantly, he has used his own life experiences went in that night. They were hiding civil- toward the betterment of others. Thursday, July 25, 1996 ians in tunnels. They took our medical offi- cer prisoner. We shot up the aid station and John has also championed the ideal of an Mr. SPENCE. Mr. Speaker, I rise today to inclusive community. In this spirit, he has con- he escaped. They had done him dirt and he recognize Capt. Inglis P. Mangum, of wouldn’t deliver the baby for a woman on a sistently worked alongside the Jewish commu- Walterboro, SC. Captain Mangum is an out- bed in a room in the tunnel. I said, ‘I ain’t nity in Suffolk County. It is only appropriate standing American, who has demonstrated never delivered a baby but you and me are that John Powell be involved with the Jewish great courage and sacrificed much for the gonna deliver one.’ Two or three hours after National Fund. cause of freedom. I would like to enter in the that the baby was born.’’ The Jewish National Fund is helping rebuild CONGRESSIONAL RECORD an article that ap- In that same battle, Mangum recalled, the land of Israel through afforestation, hous- peared in the Press and Standard, of ‘‘My carbine got hit by a bullet while I was in a ditch. The bullet went through the front ing, and agricultural projects. Moreover, this Walterboro, SC, describing the valiant service organization constructs dams and reservoirs, of my helmet and fell on my chest.’’ of Captain Mangum in World War II. He is a A native of Chesterfield County, Mangum provides employment and promotes Zionist true patriot. moved to Walterboro in 1940 and joined Com- education. The JNF is literally transforming a [From the Press and Standard, May 2, 1995] pany C. A week after Magnum got married, once arid dessert into a lush, agricultural com- MANGUM WAS HONORED WITH MEDALS the company left Walterboro for Fort Jack- munity. This year, the JNF will help celebrate son. ‘‘Sidney Key and I are the only ones liv- Jerusalem's 3,000th anniversary by develop- (By Dan Johnson) ing of 150 who left September 15, 1940, to go ing new projects throughout the city. These in- I.P. Mangum was in Walter Reed Medical to Fort Jackson,’’ Mangum said. clude a new Parks and Events Center, a Chil- Center for a year and a half recovering from Magnum rose from private to staff ser- World War II wounds when the medals start- dren's Garden and Educational Center, and geant, and by 1942 was training new recruits. ed coming. And coming. And coming. Two of his children were born while he was the completion of the greenbelt around Jeru- He received: the Combat Infantry Badge in the Army in the United States. salem. for exemplary conduct in combat; the Silver When he was stationed at Fort Benning, he John is now being honored by the JNF at Star With Oak Leaf Cluster for gallantry in became acquainted with Casper Weinberger, their Tree of Life Award dinner dance. As an combat; the Bronze Star, with V for victory who decades later became Secretary of De- honoree, he will help the JNF raise much with three Oak Leaf Clusters, for heroic or fense. ‘‘Cap Weinberger said I was the mean- needed funds for environmental projects in meritorious achievement in combat; the est little fellow he’d ever met,’’ said both Israel and around the world. His actions Army Commendation for Outstanding Mangum, who stood five-feet, six-inches tall Achievement (given by a Major General or and weighed 125 pounds. today will be appreciated for generations to higher); the Good Conduct Medal; and medals He was a first lieutenant with the 97th In- come. John's commitment to the Jewish Na- and ribbons for the American Theater; the fantry Division when he went ashore at Nor- tional Fund epitomizes a lifetime of dedication European Theater of Operations with two mandy. An earlier wave of allies had already to worthwhile causes. His distinguished career battle stars; the Victory Medal; the Asiatic taken the beach, but hazards still abounded. should serve as a model for us all. Pacific Medal; the Army of Occupation, ‘‘After we landed, I hadn’t taken ten steps E1380 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1996 before my first sergeant knocked me flat on sell to it. That's exactly what the big-union, INNOVATION IN EDUCATION AT the ground,’’ Mangum remembered. ‘‘There Washington-based labor bosses are trying to UPPER DUBLIN HIGH SCHOOL was a spider mine I was fixing to put my foot do with their latest advertising campaign of on.’’ They advanced on foot into Germany, ‘‘We fear and blatant disinformation. HON. JON D. FOX thought they’d sold all the trucks,’’ Mangum You have possibly seen some of these ads OF PENNSYLVANIA said. IN THE HOUSE OF REPRESENTATIVES After entering Germany, Mangum was pro- on television. The latest is a real whopper, moted to Captain. He commanded a heavy claiming that Congress is out to kill Medicare. Thursday, July 25, 1996 weapons (machine guns and mortars) com- Of course, exactly the opposite is true. Mr. FOX of Pennsylvania. Mr. Speaker, not pany assigned to a rifle company com- In fact, Congress is trying to save Medicare every classroom has to have desks and a manded by Captain Bob Weir. from impending bankruptcy by increasing chalkboard. Not every classroom must be in a In one engagement, Mangum recalled, ‘‘We school. Students in Pennsylvania's 13th dis- traveled 60 miles on foot in one day and two spending at a slower rate than before. This is nights. We’d go up and got fired on and go also what the President has proposed. So in- trict have shown me that many lessons are back to where we started from, get organized stead of Medicare spending going up 10 per- better learned beyond the halls of their neigh- borhood school. and go back. Every time we started to move cent a year, the President and Congress pro- At upper Dublin High School, eligible stu- they’d shower us with artillery, screaming pose that it go up about 7.5 percent. meamies, they’d make you shiver all over. dents are given the opportunity to forego their Shrapnel tore the blade off the shovel I was So how cant he Washington-based labor final exams, instead choosing to work in a ca- wearing on my belt; five boys of Captain bosses get away with this blatantly false ad- reer field of their choice for 3 weeks. Weir’s were killed by that shell.’’ vertising? Well, they can't everywhere. Sta- The students meet weekly with faculty to Another time, ‘‘I was running to help Colo- discuss their activities, keep journals, and nel Weir’s men, where they were pinned tions around the country, including some in down. I stretched out when I heard the shell. Cleveland, have refused to run these Medi- write four page papers explaining the value of I felt the shrapnel hit my leg. I hated to care ads because they are factually incorrect their experience. To be eligible for the pro- look. It was nasty. When I went to the aid and misleading. In one on-air story, a TV sta- gram, the students must keep a C average station, the doctor wanted to take the metal tion in Maine called this latest ad by the and maintain good attendance and disciplinary out. I said I wanted to get some men to go Washington labor bosses, ``a callous and fla- histories. get Bob Weir’s men out. The leg wasn’t hurt- Almost 250 students opted for this experi- grant attempt to play upon the fears of senior ing. I got a bandage off the table and put it ence this year at Upper Dublin High School. in my pocket. More wounded came in. One’s Americans.'' Closer to home, a recent attack Not only have the students explored possible arm was about to fall off. When the doctor ad paid for by AFL±CIO members' dues was career choices, they have taken the oppor- worked on them, I went out the door. The leg so bad that even Cleveland AFL±CIO general tunity to give back to their communities and hurt when I walked on it.’’ secretary Dick Acton admitted that it, ``tech- neighbors. He bandaged the 8-inch gash in his leg him- nically might be in error.'' self and kept fighting. After the war, doctors Among the experiences the students chose discovered that the shrapnel in the wound That the Washington labor bosses are flat- this year were substance abuse presentations, was forcing his leg bone to bend out of shape. out lying about the issues is bad enough. pediatric physical therapy, firefighting, and out- As the Americans approached Berlin, What makes it even more about the issues is door science and education. Mangum was assigned to a motorized patrol Community leaders like Fire Marshal Jesse with a Russian interpreter to make contact bad enough. What makes it even more out- rageous is that they are using the forced dues Hayden and Robbins Park director Sara Smith with Russian troops also approaching Berlin. heaped praise upon the students, noting their ‘‘Imagine what a feeling it was to know you of their hard-working members to pay for it. selflessness and ability. I would take this op- might be the first person to hit Berlin,’’ Washington's labor bosses have pledged to portunity to add my accollades to those of Mangum said. ‘‘If I could just get in there spend $500,000 this year specifically to defeat community leaders. Both the students and and kill Hitler, I’d be satisfied. Had they not me. That effort is being financed by a 36 per- their educators should be recognized for their put the brakes on, I could have gone in. We cent hike in members' political dues. Yet on held up that night. My driver and the Rus- support of this worthwhile educational oppor- sian interpreter was killed, I don’t know the vast majority of issues rank-and-file mem- tunity. how. The civilians had cut people to pieces. bers don't agree with the positions of their out- f There were wagons full of bodies.’’ of-touch bosses in Washington. When victory was won in Europe, Mangum The union men and women I speak with FUNDING FOR THE LEGAL was re-deployed to the Southwest Pacific, SERVICES CORPORATION where the war was still being waged against overwhelmingly support time limits and work Japan. While Mangum was at sea for 30 days, requirements for welfare recipients and tax re- Japan surrendered. Mangum was among the lief for working families. They want term limits HON. ELIJAH E. CUMMINGS Americans who went into Japan and set up a and a balanced budget. The Washington labor OF MARYLAND military government. He returned by ship to bosses oppose every one of those positions. IN THE HOUSE OF REPRESENTATIVES the United States. Then he joined occupation Thursday, July 25, 1996 forces in Germany. After a medical examina- Perhaps even more telling is that 44 percent tion in Dusseldorf, he was set back to the of union members consider themselves to be Mr. CUMMINGS, Mr. Speaker, this week the United States on a hospital ship to be treat- conservative, yet almost 100 percent of their House of Representatives approved the ed for wounds that had never healed. He had involuntary political contributions go to Demo- spending bill for the Departments of Com- shrapnel in his intestine and in his leg, and crats. As a result you can understand why so merce, Justice, State, Judiciary, and related a head injury causing pressure on his brain. many union members are rightly embarrassed agencies for fiscal year 1997. One particular He was honorably discharged with a phys- program buried within the $29.5 billion bill that ical disability on Oct. 20, 1947. and angry that their forced dues are being Mangum and his wife, Trudy, have four used to finance political campaigns they don't has evoked immeasurable controversy is fund- ing for the Legal Services Corporation. Prior to children, 10 grandchildren, and five great- support. grandchildren. He is an active member of my election to Congress, I practiced law for al- Bethel United Methodist Church and belongs It is sad that Washington's labor bosses most 20 years, and it is through my experi- to the American Legion and other veterans care more about their own power than they do ences with the American legal system that I associations. After leaving the Army, he about the truth or the views of their members. feel confident and qualified to comment on this worked seven years as a Highway Patrol dis- They benefited enormously from the growing valuable program. patcher and 35 years with the U.S. Postal Federal Government under the old majority. The Legal Services Corporation [LSC] is a Service. And they are not about to sit idly by as the modest but vitally important and effective pro- f power that was once theirs is returned to its gram that helps millions of needy families gain CONGRESS AND MEDICARE rightful owners, the people. access to the justice system in cases relating to domestic violence, housing evictions, If we allow fear to triumph, we can just consumer fraud, child support, and other criti- HON. MARTIN R. HOKE wave goodbye to a balanced budget, middle- cal matters. The legal services program is the OF OHIO class tax relief, and welfare reform, and say only means to assure that the most vulnerable IN THE HOUSE OF REPRESENTATIVES hello to higher taxes and more debt on the citizens in our countryÐpoor children, battered Thursday, July 25, 1996 backs of our children. spouses, the elderly, disabled, migrant work- Mr. HOKE. Mr. Speaker, there's an old trick It is up to the American people. Will it be ers, and other low-income individualsÐhave to hawking snake oil. First raise the fear. Then snake oil and fear, or truth and courage? access to legal representation in civil cases. July 25, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1381 The Legal Services Corporation has been of becoming law during this session of Con- den documents. The President's Executive under assault by conservatives for many gress. Order of April 20, 1995, will, in 4 years, de- years. They argue that the LSC has been a I introduced H.R. 1281 to close what I per- classify many documents that are 25 years front to advance and lobby for progressive ceive is a tremendous loophole in the Free- old. But I believe, when it comes to Nazi war policies. Nothing can be further from the truth. dom of Information Act. Under current law, the crimes files, we can and should move more The LSC, begun in 1974 and supported by FOIA allows Government agencies to block swiftly. President Nixon, is a bipartisan program. It the release of information for a wide variety of On June 14, Chairman STEPHEN HORN and has served millions of people, including help- reasons, including outdated ``national security'' I presided over a hearing of our subcommit- ing nearly 5 million people in 1995, most of arguments that are no longer valid in the post- tee, during which we heard excellent testi- whom were poor children. Further, in 1995, 1 cold-war era. mony from three witnesses. We heard from out of every 3 legal services cases concerned Because of this circumstance, researchers Congressman TOM LANTOS, the only Holo- family law, which included 59,000 cases in- investigating Nazi war criminals like Kurt caust survivor to be elected to Congress, and volving protecting clients from abusive Waldheim are denied information that is sitting a moral mentor to me and to all of our col- spouses, and more than 9,300 cases involving in U.S. Government files. I'm indebted to A.M. leagues. Elizabeth Holtzman also testified. As neglected, abused, and dependent juveniles. Rosenthal, the New York Times columnist, for an outstanding Member of this body in the Restrictions have been placed on the oper- his series of articles which brought this prob- 1970's, Liz was a pioneer in the efforts to ex- ations of the programs of the LSC, and fund- lem to light. pose Nazi war criminals. Finally, we received ing and staff levels have been severely cut. In The Waldheim case is the most celebrated valuable insights from Robert Herzstein, a dis- 1994±95, the Maryland Legal Aid Bureau had example. For years, the CIA was keeping its tinguished scholar and professor of history at a total of 143 lawyers and 80 legal assistants. information on Waldheim a secret, even as University of South Carolina. His efforts to un- As a result of the fiscal year 1996 cut, Mary- other Government agencies, namely the De- cover the secret files of Kurt Waldheim have land's Legal Aid Bureau lost $1.4 million and partment of Justice, were placing Waldheim played an instructive role in the formation of on the Watch List of individuals forbidden to reduced its lawyers to 92 and 57 legal assist- this legislation. enter our country. Waldheim was given the ants. Under the fiscal year 1997 Republican There are a number of organizations which dubious distinction because of his direct in- funding bill, Maryland stood to lose $1.5 mil- support my bill. These groups include the volvement in the deportation and murder of lion more, which would result in further staff Simon Wiesenthal Center, the Anti-Defamation Jews and others during World War II. League, the World Jewish Congress, the Jew- cuts and leave thousands of Maryland resi- It is not difficult to imagine how history might dents without adequate legal representation. have been changed if Waldheim's secret past ish Community Relations Council of New York, Last year's funding bill for legal services had become public. Most notably, Waldheim the Orthodox Union, the American Jewish quieted the voices of the needy, this year's bill would probably not have been elected to the Committee, and the Agudath Israel of Amer- attempted to silence those voices. The $141 post of Secretary General of the United Na- ica. million recommended by the House Appropria- tions, one of the most shameful events in the Mr. Speaker, the Second World War ended tions Committee is a cut of nearly 50 percent history of that world body. 51 years ago. It's finally time for the entire from the current fiscal year 1996 budget of And Mr. Waldheim's shameful story contin- story of this, the most horrible era in the his- $278 million for the Legal Services Corpora- ues. Just recently, we learned that in his tory of man's inhumanity to man, to emerge. tion. Fortunately, an amendment offered by brand new autobiography, ``The Answer'', he It is time to take a stand against those who in- Representatives MOLLAHAN and FOX, which I whitewashes his Nazi past, and blames the sult humanity by denying what took place half supported, increased the funding for the Legal American Jewish community for his banish- a century ago. The great philosopher George Services Corporation from $141 to $250 mil- ment from the United States. Santayana taught us that ``those who do not lion. Waldheim's book is a dishonest answer to remember the past are condemned to repeat As a lawyer, I was one of 130,000 volunteer the overwhelmingly credible charges that he it.'' I hope that the passage of the War Crimes lawyers registered to participate in pro bono persecuted and facilitated the murder of Jews, Disclosure Act will play a small role in helping legal services, encouraged by the LSC. The Italians, Serbs, and others in World War II. It us heed Santayana's warning. one hard fact that I witnessed throughout my is almost incomprehensible that he calls him- f years of practice is that our system of justice self a victim, when it was his murderous activ- HELP EPA; SUPPORT PERFORM- belongs to the wealthy and privileged. Rare is ity that helped make victims of so many inno- ANCE-BASED METHODS AP- the day when indigents or poor citizens re- cent people. ceive equitable treatment in their representa- I drafted H.R. 1281 to ensure that the entire PROVAL tion and receive equal justice under law. Waldheim file is finally disclosed. It is also my I believe that ours is the best judicial system hope that the enactment of this bill would help HON. BILL BAKER in the world. But every day across this coun- those who research the horrors of the Holo- OF CALIFORNIA try, citizens with meager resources have little caust ensure that cases like Waldheim do not IN THE HOUSE OF REPRESENTATIVES or no voice in that process. I hope the Senate occur in the future. Thursday, July 25, 1996 will follow our lead in the House and ensure My bill is narrowly drawn. It would exclude that low-income individuals and families will be from disclosure requirements any material that Mr. BAKER of California. Mr. Speaker, able to receive legal help. is strictly private and personal. Similarly, infor- today I am introducing, along with my col- f mation pertaining to current or future intel- league from California, ZOE LOFGREN, a bill we ligence, national security, and foreign relations hope will help move the EPA along faster in THE WAR CRIMES DISCLOSURE issues could remain secret if there is clear and reforming the way in which new environmental ACT convincing evidence that disclosing the files monitoring technologies enter the marketplace. could cause substantial harm to our national The EPA has expressed some interest in mov- HON. CAROLYN B. MALONEY interests. ing in a positive direction on this issue, but we OF NEW YORK My bill also takes great care not to impede are concerned that interest does not mean IN THE HOUSE OF REPRESENTATIVES the important work of the Department of Jus- movement. Our bill attempts to lay the ground- tice's Nazi hunting unit, the Office of Special work for a comprehensive reappraisal of Thursday, July 25, 1996 Investigations. I am a fervent supporter of the EPA's methods approval process, and we fully Mrs. MALONEY. Mr. Speaker, it is with OSI. Just last month, for example, I called expect to work closely with both EPA and the great pride that I announce to my colleagues upon the Lithuanian government to extradite analytical instruments industry along the way. the unanimous passage Of H.R. 1281, the two Nazi war criminals living in the United The House Committee on Science had an War Crimes Disclosure Act, from the Commit- States that were exposed by OSI's long and opportunity recently to hear from all interested tee on Government Reform and Oversight. painstaking work. I was pleased to work with parties on this issue. On June 20, we heard As the sponsor of H.R. 1281, I am pleased the OSI to craft the final version of the bill so from Assistant Administrator for Policy, Plan- that this bill is quickly making its way through that it can accomplish its purpose of disclosing ning, and Evaluation of the EPA, David Gar- the legislative process, and I am hopeful that Nazi war crimes files without hindering OSI's diner, who told our committee there is interest is will soon be passed by the House. A com- valuable investigations and prosecutions. The at the EPA in moving more toward a perform- panion bill will be introduced by New York Justice Department firmly supports my bill. ance-based environmental methods approval Senators MOYNIHAN and D'AMATO, and I am The Clinton administration is moving in the process. This is indeed good news, as the confident that this measure has a solid chance right direction with respect to classifying hid- current system of mandating specific analytical E1382 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1996 instruments through regulation language is un- According to Working Woman, ``These cor- substantial reductions in operating costs at tenable to those who invent new technologies porate leaders believe that what's good for fe- DOE headquarters, a 2¤3 reduction since 1993, that could do the same job better or cheaper. male employees is good for the bottom line.'' this bill sets the general management and pro- Certainly it is in the best interest of the Fed- Marriott International was singled out for its gram support function of DOE at 47 percent eral Government to ensure that the best and Wellness and You! program, which offers ex- less than last year and 20 percent less than cheapest new technologies are used to mon- ercise classes, massage therapy, and other the administration's request. I believe these itor environmental contamination, wherever it stress-reducing activities and such on-site reductions are too severe and will not allow occurs. It is our hope that this bill will serve as services as cholesterol checks and healthy DOE to continue to perform its mission. the basis for common ground on this reform of cooking classes. Mr. Speaker, as you are aware this has the EPA approval process, and that we will be Fannie Mae has a women's health resource been a difficult year for Federal employees. able to address the issue in more detail in the center where employees can check reference They have endured downsizing, RIFs, shut- coming months. materials and use on-line services to get an- downs, general uncertainty, and reduced ben- To be sure, there are many details yet to be swers to their health-related questions, take efits. Federal employees are among the most worked out. This bill in no way represents the evening exercise classes, and enroll in weight- resilient people I know, but if we as a Govern- final word on how EPA should act. We know management classes. ment hope to continue to attract the best and that further analysis may yield further ideas These corporations have invested wisely in the brightest into Government service, we can- which will be considered through the normal their employees and in their own futures and not continue the type of policy set by this leg- committee process. But we intend, with this serve as role models for our Nation's busi- islation. This bill goes too far. I do not dis- bill, to offer a starting point for discussion on nesses. Mr. Speaker, please join me in rec- agree that we all need to cutback as we work this issue. ognizing these corporations for their commit- to balance the Federal budget. However, I am We encourage those who agree with our in- ment to women's health and to their employ- strongly opposed to imposing such severe tent to make the EPA a more technology ees. cuts and limiting DOE's ability to manage friendly agency to join as cosponsors to this f these cuts by mandating FTE ceilings. legislation. The results will be good for both The negative ramifications of this unprece- the U.S. economy and the health of our collec- PROVIDING FOR CONSIDERATION dented cut will severely affect the many impor- tive environment. OF H.R. 3816, ENERGY AND tant projects funded in this year's energy and f WATER DEVELOPMENT APPRO- water appropriations bill. The bill targets cuts PRIATIONS ACT, 1997 to the environmental management program, ENCOURAGING NEW ENVIRON- nonproliferation and energy efficiency and re- MENTAL MONITORING TECH- SPEECH OF newable energy. In addition, the 90 percent NOLOGIES HON. THOMAS M. DAVIS cut in DOE's office of policy will leave only 20 employees to perform critical technical and OF VIRGINIA HON. ZOE LOFGREN economic analysis and hamper their ability to IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA efficiently respond to Congress, State and IN THE HOUSE OF REPRESENTATIVES Wednesday, July 24, 1996 local governments, and private citizens. Thursday, July 25, 1996 The House in Committee of the Whole Mr. Speaker, I regret the inclusion of these House on the State of the Union had under deep and draconian cuts to the DOE budget, Ms. LOFGREN. Mr. Speaker, I am pleased consideration the bill (H.R. 3816) making ap- and the specific FTE targets mandated on the in joining my colleague from California [Mr. propriations for energy and water develop- departmental headquarters. It has damaged BAKER], in introducing legislation that will en- ment for the fiscal year ending September 30, this important legislation, and I cannot support courage the development of new and innova- 1997, and for other purposes: its passage. tive environmental monitoring technology. Mr. DAVIS. Mr. Chairman, I rise today to in- f This legislation will help to improve the Envi- dicate my strong opposition to the severe cuts ronmental Protection Agency's current pre- this legislation imposes on the Department of CASTRO’S INVOLVEMENT IN scriptive analytical methods for the approval of Energy and its employees. Congress must DRUGS new technology that will enable the Federal continue to ensure, within the Department of and State governments to better protect the Energy appropriations bill for fiscal year 1997, HON. ILEANA ROS-LEHTINEN public health and safety. that DOE has the ability to perform its impor- OF FLORIDA I believe we need to focus more closely on tant mission of meeting our present and future IN THE HOUSE OF REPRESENTATIVES good results than process. I realize that this energy needs. The bill under consideration by Thursday, July 25, 1996 bill is a beginning discussion draft and wel- the House today funds many critical programs, come wide input from all interested parties in Ms. ROS-LEHTINEN. Mr. Speaker, this yet, I believe it greatly restricts the Department morning the south Florida community woke up perfecting this important legislation. of Energy's ability to perform its mission by re- f to new evidence, in addition to the vast ducing departmental administration by approxi- amounts which now exist, of the involvement HEALTH CONSCIOUS COMPANIES mately 30 percent. of the Castro regime in drug smuggling into DOE's departmental administration salary the United States. HON. CONSTANCE A. MORELLA and expense budget is reduced under this bill The Miami Herald reported that the Drug by 20 percentÐa reduction of more than $50 OF MARYLAND Enforcement Agency is investigating a link be- million in fiscal year 1997. Instead of allowing IN THE HOUSE OF REPRESENTATIVES tween Castro and a drug shipment of over DOE to reallocate their reduced resources as 5,000 pounds of cocaine which was con- Thursday, July 25, 1996 they deem appropriate, it forces DOE to re- fiscated in Miami on January 9. Mrs. MORELLA. Mr. Speaker, I rise today to duce positions by capping FTE totals at The Miami Herald reports that the drugs salute two area corporations, Fannie Mae of 1,029Ða reduction of nearly 500 FTE's, or were apparently off loaded inside Cuban wa- Washington, DC, and Marriott International of one-third of the departmental administration ters, to speedboats destined to the United Bethesda, recently named by Working Woman staff. Further the bill sets specific FTE targets States, from a freighter which originated in Co- magazine as 2 of the top 10 healthiest compa- for individual offices with this account. lombia, which had previously docked in Ha- nies for women. Last Year, in the fiscal year 1996 appropria- vana to off-load cargo. The Herald story adds These companies are leading the way in the tions bill, Congress asked DOE headquarters that United States law enforcement agencies fight against rising health costs and against personnel and certain programs to make sig- have apparently also found pictures of the in- the debilitating effects of physical and mental nificant cuts. The departmental administration dividual responsible for smuggling the drugs illnesses. They have found that their employ- account was reduced by 15 percent, which with Cuban tyrant Fidel Castro. ees' good health is good for business. Both translates to a reduction of nearly 400 FTE's. Mr. Speaker, no longer can the United Fannie Mae and Marriott received high marks DOE managers worked hard to administer this States turn its back on Castro's aiding and for the quality of their employee health plans staff reduction without resorting to a reduction- abetting drug traffickers, because the mount- that included provisions for family members, in-force. In order to save jobs, performance ing body of evidence connects Castro with for reproductive health care, for mental health awards were eliminated, overtime was re- drug trafficking. These allegations deserve to care, for preventive care, and for wellness pro- duced by over half, and furloughs were used be examined and investigated thoroughly by grams. to address funding shortfalls. Despite these our drug enforcement agencies. July 25, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1383 Castro is desperate for hard currency, espe- tion and waste management as well much lation, I am pleased to see that Members from cially because of the chilling effect that the needed water projects. In addition, a sufficient both sides of the aisle have come together in Helms-Burton law has had on foreign invest- amount of money has been made available for a bipartisan spirit to strengthen and update ment on the island, so it is to be expected that stewardship and management activities of our our Nation's food safety laws. the tyrant will increase his involvement in illicit nuclear stockpile. Finally, the National Ignition When debating pesticide reform, it's easy activities to finance his regime. Facility [NIF], which will provide invaluable re- for many to get lost in phases such as ``zero Every day it becomes increasingly clear that search in the areas of nuclear weapons test- tolerance,'' ``negligible risk,'' and other tech- unless our Government addresses Castro's ing and fusion research. I am glad that the nicalities. However, the issue is as simple as role in drug smuggling, we will never succeed committee saw the need to fund these activi- this: we must maintain a high-quality, abun- in the war against drugs. It is time to expose ties at levels close to their requested amounts. dant, and safe food supply to protect our Na- the tyrant's involvement and lift the veil of si- In fact, some of these dollars will be going tion's most vulnerable populationÐour chil- lence on his complicity in drug smuggling. to a flood control project in my district; Harris dren. President Clinton wants to continue to ig- County is working with the Army Corps. of En- Mr. Speaker, the Delaney clause has be- nore Castro's drug ties because this United gineers to deepen a channel in the city of come outdated, and it is high-time that we re- States administration wants to avoid a con- Houston called Sims Bayou. This long-term place these laws which are based on science frontation with the dictator in this election year, project will renovate the bayou and help allevi- and technology from the 1950's which laws but the time for turning your cheek is over. ate some of the flooding which occurs during based on modern science. I support H.R. It is time to step up our efforts to stop the heavy rains. This is an important project for 1627 which makes this reform. The bill in- cooperation that Castro provides the drug bar- the people in my district and they appreciate cludes the recommendation of the National ons of our hemisphere. Unless this is done, the Federal help they are receiving to correct Academy of Sciences regarding both the neg- our borders, especially in the southeast, will this problem. ligible risk standard for carcinogens and addi- continue to be invaded by these diabolical I have always been a supporter of science tional protection of infants and children which drugs which impart so much harm on our research and have stated often that it is the are based on sound scientific principles. youth. economic engine of the 21st century. And it is Mr. Speaker, reform of the Nation's pes- So there are many important questions that because of this belief that I am especially ticide laws has been a priority of mine since we must ask: gratified to find that the Energy Department's coming in Congress. I am pleased that we Where is the criminal indictment against general science and research programs have have worked together on this legislation which Fidel Castro for his help in the illegal shipment been spared the budget ax that some other will maintain America's superior food supply of drugs? deserving programs suffered. while most importantly, protecting and promot- What are our U.S. agencies doing to gather However, beneath this good news lurks ing the health of our citizens. Our Nation's hard evidence against the dictator? some very negative decisions made by Re- farmers, consumers, and especially our chil- Where is the follow-up on all of the allega- publicans. Let's start with the nearly 50 per- dren deserve no less. tions, reports, and accusations we have been cent cut from last year to the Energy Depart- f reading about for years? ment's administrative expenses. Now, I know How much more evidence is needed and the Department is in the process of restructur- TRIBUTE TO SUFFRAGAN BISHOP what is being done to gather this evidence? ing itself and trying to become more efficient, CHARLES L. TAYLOR The only sounds we hear are the dragging however, I believe this to be a continuation of of the feet of our agencies because the lead- the Republican attack on Secretary Hazel HON. BOB FILNER ership at the top is not there. O'Leary. Regardless of who you are, you can- OF CALIFORNIA Is this a case of see no evil, hear no evil, not convince me that an immediate 50 percent IN THE HOUSE OF REPRESENTATIVES and speak no evil? reduction in an organization's administrative Thursday, July 25, 1996 Are we willing to ignore the facts in order to budget is not drastic and unreasonable. This avoid a confrontation with Castro? is all the more obscene when you realize that Mr. FILNER. Mr. Speaker, I rise today to These and many other issues must be ex- because of the time it takes to RIF Govern- recognize an outstanding religious leader in plored by our antidrug agencies. ment employees and the costs involved, no the San Diego community who is worthy of And they must be explored now. We are savings from such actions will be realized until special recognitionÐSuffragan Bishop Charles writing, Mr. President. Our community, indeed fiscal year 1998Ða year away. So, I ask the L. Taylor. our Nation, is plagued with the deadly poison Republican appropriatorsÐ``what is the De- Suffragan Bishop Taylor has been actively of drugs. The finger points to Fidel Castro. partment to do until then?'' involved in the San Diego community since Does the Department of Justice and the In addition to this ill-conceived provision, 1958. During that time, he and his wife Esther President not see this? Or do they choose to this appropriations bill also decimates much of have shared their love unselfishly with 32 fos- not see this? the funding for solar and renewable energy, ter children. He was also instrumental in im- f fusion, nuclear energy, biological, environ- plementing the Free-Lunch Program for under- mental, safety, and health and basic energy privileged children at a local elementary PROVIDING FOR CONSIDERATION sciences. In fact, the only activities that are school. OF H.R. 3816, ENERGY AND adequately funded are those of the Defense In 1967, he established a church and began WATER DEVELOPMENT APPRO- Nuclear programs. his pastoral work. He has been most influen- PRIATIONS ACT, 1997 While I may indeed vote in favor of this bill, tial in this capacity, and has left indelible trails I strongly urge my House and Senate col- for others to follow. He is the pastor of the SPEECH OF leagues to restore funding to the activities and Greater Apostolic Faith Temple Church in my HON. SHEILA JACKSON-LEE programs that have been funded well below hometown of San Diego, a church that has the President's request. I believe that they are been a religious landmark for 70 years. OF TEXAS In today's society, where children from all IN THE HOUSE OF REPRESENTATIVES worthwhile, valuable and important to our Na- tion's future. areas and backgrounds must eventually face Wednesday, July 24, 1996 f the scourge of violence and drugs, it is imper- The House in Committee of the Whole ative to have religious leaders who can ad- House on the State of the Union had under FOOD QUALITY PROTECTION ACT vise, instruct and lead our youth toward a consideration the bill (H.R. 3816) making ap- OF 1996 brighter future. In his local assembly and propriations for energy and water develop- throughout California, Suffragan Bishop Taylor ment for the fiscal year ending September 30, SPEECH OF has willingly assumed this critical role. He has 1997, and for other purposes: HON. BLANCHE LAMBERT LINCOLN worked untiringly to help people from all walks Ms. JACKSON-LEE of Texas. Mr. Chair- OF ARKANSAS of life. He has dedicated most of his efforts to- man, the Energy and Water appropriations bill IN THE HOUSE OF REPRESENTATIVES ward the young, helping them to lead happy we are voting on today is a mixed bag of good and productive lives. and bad; where a good Peter is robbed to pay Tuesday, July 23, 1996 Suffragan Bishop Taylor prepared himself a worthy Paul. Mrs. LINCOLN. Mr. Speaker. I rise today in for these challenging tasks by earning a bach- On the good side, a reasonable amount has support of H.R. 1627, the Food Quality Protec- elor of science degree from Virginia State Col- been appropriated for environmental restora- tion Act. As an original cosponsor of this legis- lege and two doctoral degrees in Divinity. He E1384 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1996 has attained honor and recognition from sev- NATIONAL GAMBLING IMPACT Already, my State is seeing the proliferation eral leading organizations, including the Pen- AND POLICY COMMISSION ACT of gambling activities. One off-track horse bet- tecostal Assemblies of the WorldÐthe oldest ting parlor is already in operation in Virginia, SPEECH OF and largest Pentecostal organization on Earth. and its owners are anxious to open a second. After 39 years as a working member of the or- HON. THOMAS M. DAVIS The bipartisan, unbiased nine-member com- ganization, Suffragan Bishop Taylor will be OF VIRGINIA mission this legislation will create will provide Congress and the President with the informa- elevated to the position of Bishop this August, IN THE HOUSE OF REPRESENTATIVES tion necessary to make decisions regarding joining the ranks of those who execute eccle- Monday, July 22, 1996 national policy on gambling. This study will Mr. DAVIS. Mr. Speaker, I rise today in sup- siastical decisions that affect the religious grant the Federal Government invaluable infor- port of H.R. 497, the National Gambling Im- community. mation concerning gambling. Twenty years pact and Policy Commission Act; legislation in- have passed since Congress visited this issue A gala celebration of his elevation will be troduced by my friend and colleague, the gen- and the Commission on the Review of the Na- held August 17 at the Hotel Del Coronado in tleman from Virginia, [Mr. WOLF]. I have co- San Diego. I join all of those who have been sponsored and support this bill because gam- tional Policy toward Gambling issued its re- touched by Suffragan Bishop Taylor's work in bling is not the type of business my district port. Since then, 46 States have legalized congratulating him on this honor and encour- needs or wants in order to build a strong gambling in some fashion. In 1994, Americans aging him to continue his good work. economy and a stable tax base. Virginia has wagered $482 billion on all forms of gambling been extremely successful in attracting high according to U.S. News and World Report; 85 tech and Fortune 500 companies that provide percent of that figure took place in casinos in quality, high paying jobs. Furthermore, prelimi- 27 States, most of which have opened during nary studies of areas that have introduced the past 5 years. Because of the fact that this gambling show that while the number of jobs industry is growing at such an incredible rate, increase at first, over time the economy of the and because there is a lack of current knowl- area suffers, resulting in the loss of high qual- edge on the effects of this particular industry ity employers. We don't need this in my district on our society Mr. Speaker, I urge my col- and I suspect that many Members of this body leagues to support this important and crucial have similar feelings. legislation. Thursday, July 25, 1996 Daily Digest

HIGHLIGHTS Senate passed D.C. Appropriations, 1997. House committee ordered reported 10 sundry measures. Senate hydroelectric projects located in the State of West Chamber Action Virginia, clearing the measure for the President. Routine Proceedings, pages S8833–S8941 Page S8830 Measures Introduced: Four bills were introduced, National Historical Publications and Records as follows: S. 1989–1992. Page S8866 Commission Authorization: Senate passed S. 1577, Measures Passed: to authorize appropriations for the National Histori- cal Publications and Records Commission for fiscal Sexual Offender Tracking and Identification years 1998, 1999, 2000, and 2001. Page S8930 Act: Committee on the Judiciary was discharged from further consideration of S. 1675, to provide for Cambodia Most-Favored-Nation Treatment: the nationwide tracking of convicted sexual predators Senate passed H.R. 1642, to extend nondiscrim- inatory treatment (most-favored-nation treatment) to and the bill was then passed, after agreeing to the the products of Cambodia, after agreeing to a com- following amendment proposed thereto: mittee amendment in the nature of a substitute. Pages S8777±81 Pages S8930±31 Gramm Amendment No. 5038, in the nature of a substitute. Pages S8777±80 Small Business Investment Company Improve- ment Act: Senate passed S. 1784, to amend the D.C. Appropriations, 1997: Senate passed H.R. Small Business Investment Act of 1958, after agree- 3845, making appropriations for government of the ing to a committee amendment in the nature of a District of Columbia and other activities chargeable substitute, and the following amendment proposed in whole or in part against the revenues of said Dis- thereto: Pages S8931±38 trict for the fiscal year ending September 30, 1997, Murkowski (for Bond/Bumpers) Amendment No. after agreeing to committee amendments. 5090, to provide for an extension of the Small Busi- Pages S8821±29 ness Competitiveness Demonstration Program. Senate insisted on its amendments, requested a Page S8936 conference with the House thereon, and the Chair Health Coverage Availability and Affordability appointed the following conferees: Senators Jeffords, Act: Committee on the Judiciary was discharged Campbell, Hatfield, Kohl, and Inouye. Page S8829 from further consideration of H.R. 3166, to amend Interstate Stalking Punishment and Prevention the Internal Revenue Code of 1986 to improve port- Act: Senate passed H.R. 2980, to amend title 18, ability and continuity of health insurance coverage in United States Code, with respect to stalking, after the group and individual markets, to combat waste, agreeing to the following amendment proposed fraud, and abuse in health insurance and health care thereto: Pages S8829±32 delivery, to promote the use of medical savings ac- Lott (for Lautenberg) Amendment No. 5083, to counts, to improve access to long-term care services prohibit persons convicted of a crime involving do- and coverage, to simplify the administration of mestic violence from owning or possessing firearms. health insurance, and to reform medical liability, and Page S8829 the bill was then passed, after agreeing to the fol- lowing amendment proposed thereto: Pages S8938±41 Hydroelectric Project Extension: Senate passed Murkowski (for Specter) Amendment No. 5091, H.R. 1051, to provide for the extension of certain in the nature of a substitute. Pages S8938±41 D809 D810 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 1996 Federal Employee Representation Improvement Subsequently, the amendment was modified. Act: Senate passed H.R. 782, to amend title 18 of Page S8817 the United States Code to allow members of em- By 70 yeas to 28 nays (Vote No. 240), Helms ployee associations to represent their views before the Amendment No. 5028, to prohibit United States United States Government, after agreeing to a com- voluntary contributions to the United Nations and mittee amendment in the nature of a substitute. its specialized agencies if the United Nations at- Page S8941 tempts to implement or impose taxation on United Foreign Operations Appropriations, 1997: Senate States persons to raise revenue for the United Na- continued consideration of H.R. 3540, making ap- tions. Pages S8765±68, S8774±75, S8853±54 propriations for foreign operations, export financing, Murkowski Amendment No. 5029, to express the and related programs for the fiscal year ending Sep- sense of the Congress regarding implementation of tember 30, 1997, with a committee amendment in United States-Japan Insurance Agreement. the nature of a substitute, taking action of amend- Pages S8769±70 ments proposed thereto, as follows: McConnell (for Helms) Amendment No. 5030, to Pages S8741±77, S8781±S8820, S8833±63 express the sense of Congress regarding the conflict Adopted: in Chechnya. Pages S8770, S8772 By a unanimous vote of 96 yeas (Vote No. 238), McConnell (for Brown) Amendment No. 5031, to McCain Modified Amendment No. 5017, to require allocate funds for demining operations in Afghani- information on cooperation with United States anti- stan. Pages S8770, S8772 terrorism efforts in the annual country reports on McConnell (for Faircloth) Amendment No. 5032, terrorism. Pages S8741±44 to require a General Accounting Office study and re- By 51 yeas to 46 nays (Vote No. 244), Coverdell port on the grants provided to foreign governments, Amendment No. 5018, to increase the amount of foreign entities, and international organizations by funds available for international narcotics control United States agencies. Pages S8770±72 programs. Pages S8745, S8819±20, S8833±36, S8841±42 McConnell (for Faircloth) Amendment No. 5033, Cohen Amendment No. 5019, to sanction certain to require a GAO study and report on the grants U.S. assistance to Burma unless such sanctions would provided to foreign governments, foreign entities, be contrary to U.S. national security interests. (By and international organizations by United States 45 yeas to 54 nays (Vote No. 243), Senate failed to agencies. Pages S8770±72 table the amendment.) McConnell (for Simon) Amendment No. 5034, to Pages S8745±58, S8795±96, S8808±16 clarify the use of certain development funds for Afri- McConnell (for Bumpers) Amendment No. 5020, ca. Pages S8770, S8772 to allocate foreign assistance for Mongolia. McConnell (for Moynihan) Amendment No. 5039, Pages S8758, S8760 to require certain reports on the situation in Burma McConnell (for Reid) Amendment No. 5021, to regarding labor practices. Pages S8775±76 restrict the use of funds for any country that permits McConnell (for Graham) Amendment No. 5040, the practice of female genital mutilation. to make Haiti eligible to purchase defense articles Pages S8758, S8760 and services. Pages S8775±76 McConnell (for Inouye/Bennett) Amendment No. McConnell (for Brown/Simon) Amendment No. 5022, to earmark funds for support of the United 5041, to express the sense of the Congress that the States Telecommunications Training Institute. United States should take steps to improve economic Pages S8758, S8760 relations between the United States and the coun- McConnell (for Leahy) Amendment No. 5023, to tries of Eastern and Central Europe. Pages S8775±76 delete provisions relating to a landmine use morato- McConnell (for Specter) Amendment No. 5042, to rium. Pages S8758±60 permit certain claims against foreign states to be McConnell (for Leahy/Inouye) Amendment No. heard in United States courts where no extradition 5024, to require a report on actions of the Govern- treaty with the state existed at the time the claim ment of Tunisia with respect to civil liberties and arose and where no other adequate and available the independence of the judiciary. Pages S8758±60 remedies exist. Pages S8775±76 McConnell (for Leahy) Amendment No. 5025, to McConnell (for Brown) Amendment No. 5043, to provide additional funds to support the International express the sense of the Congress that Croatia be Development Association. Pages S8758±60 commended for its contributions to NATO and McConnell/Leahy Amendment No. 5026, to peacekeeping efforts in Bosnia. Pages S8775±76 amend the notification requirements provisions. McConnell (for Brown) Amendment No. 5044, to Pages S8758, S8760, S8817 express the sense of the Congress that Romania is July 25, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D811 making significant progress toward admission to McConnell (for Bingaman) Amendment No. 5080, NATO. Pages S8775±76 to express the sense of the Senate in opposition to Kerry Amendment No. 5046 (to Amendment No. the military overthrow of the Government of Bu- 5045), to promote the establishment of a permanent rundi and to encourage the swift and prompt end to multilateral regime to govern the transfer of conven- the current crisis. Pages S8816±19 tional arms. (Subsequently, the amendment fell when McConnell (for Abraham) Amendment No. 5081, Amendment No. 5045, listed below, was tabled.) to provide for $15,000,000 earmarked for the Amer- Pages S8783±84 ican Schools and Hospitals Abroad Program from the By 96 yeas to 3 nays (Vote No. 242), Domenici Development Assistance Account. Pages S8816±17 Amendment No. 5047, to withhold international McConnell (for Abraham) Amendment No. 5082, military education and training assistance from Mex- to provide for $5,000,000 earmarked for a land and ico unless the Mexican Government either appre- resource management institute to identify nuclear hends and prosecutes or extradites the ten most contamination at Chernobyl. wanted drug lords indicted in the United States. Pages S8816±17, S8842, S8844 Pages S8788±95, S8807 Subsequently, the amendment was modified. By 81 yeas to 16 nays (Vote No. 245), Brown Pages S8842, S8844 Modified Amendment No. 5058, to expedite the McConnell (for Cochran) Amendment No. 5084, transition to full membership in the North Atlantic to reduce the contribution to the International Fund Treaty Organization of emerging democracies in for Agricultural Development. Pages S8842, S8844 Central and Eastern Europe. McConnell/Leahy/Lautenberg Amendment No. Pages S8797±98, S8806±07, S8836±42 5085, to establish the Bank for Economic Coopera- McConnell (for Inouye) Amendment No. 5059, to tion and Development in the Middle East and North express the sense of the Congress regarding expan- Africa. Pages S8842±44 sion of eligibility for Holocaust survivor compensa- McConnell (for Leahy) Amendment No. 5086, to tion by the Government of Germany. provide for the transfer of unobligated and Pages S8798, S8805, S8854 unearmarked funds to International Organizations McConnell (for Kyl) Amendment No. 5060, to al- and Programs. Pages S8842±44 locate funds for commercial law reform in the inde- McConnell (for Pell) Amendment No. 5087, to pendent states of the former Soviet Union. express the sense of the Senate that the United States Pages S8798±99, S8805 Government should encourage other governments to McConnell (for Lieberman) Amendment No. draft and participate in regional treaties aimed at 5061, to urge continued and increased United States avoiding any adverse impacts on the physical envi- support for the efforts of the International Criminal ronment or environmental interests of other nations Tribunal for the former Yugoslavia to bring to jus- or a global commons area, through the preparation tice the perpetrators of gross violations of inter- of Environmental Impact Assessments, where appro- national law in the former Yugoslavia. priate. Pages S8842±44 Pages S8798±S8801, S8805 Murkowski Amendment No. 5089 (to Amend- McConnell (for Pressler) Amendment No. 5062, ment No. 5078), to provide conditions for funding to state the sense of the Senate on the delivery by North Korea’s implementation of the nuclear frame- the People’s Republic of China of cruise missiles to work agreement. Pages S8849±52 Iran. Pages S8798, S8801±02, S8805 Rejected: McConnell (for Pressler) Amendment No. 5063, By 43 yeas to 56 nays (Vote No. 239), Smith to state the sense of the Senate on delivery by China Amendment No. 5027, to strike funds made avail- of ballistic missile technology to Syria. able for the Socialist Republic of Vietnam. Pages S8798, S8803±05 Pages S8760±65, S8773±74 McConnell (for McCain) Amendment No. 5064, Dorgan/Hatfield Amendment No. 5045, to estab- to treat adult children of former internees of Viet- lish standards of eligibility for arms transfers and namese reeducation camps as refugees for purposes of give Congress a role in reviewing which govern- the Orderly Departure Program. ments are eligible for U.S. arms transfers and mili- Pages S8798, S8804±05 tary assistance. (By 65 yeas to 35 nays (Vote No. McConnell Amendment No. 5065, to provide for 241), Senate tabled the amendment.) a report on activities of the military forces of the Pages S8781±88, S8806±07 People’s Republic of Korea. Pages S8798, S8805 Pending: McConnell (for Helms) Amendment No. 5079, to Simpson Amendment No. 5088, to strike the pro- require the deobligation of certain unexpended eco- vision which extends reduced refugee standards for nomic assistance funds. Pages S8816±17 certain groups. Pages S8844±49, S8852 D812 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 1996

Lieberman Amendment No. 5078, to reallocate Amendments Submitted: Pages S8868±S8924 funds for the Korean Peninsula Energy Development Notices of Hearings: Page S8924 Organization. Pages S8849±53 A unanimous-consent agreement was reached pro- Authority for Committees: Page S8924 viding for further consideration of the bill and cer- Additional Statements: Pages S8924±30 tain amendments to be proposed thereto, on Friday, Record Votes: Eight record votes were taken today. July 26, 1996. Page S8831 (Total–245) Pages S8744, S8774±75, S8807, Health Insurance Reform Act—Conferees: Senate S8815±16, S8841±42 insisted on its amendment to H.R. 3103, to amend Adjournment: Senate convened at 9:30 a.m., and the Internal Revenue Code of 1986 to improve port- adjourned at 11:18 p.m., until 9:30 a.m., on Friday, ability and continuity of health insurance coverage in July 26, 1996. (For Senate’s program, see the re- the group and individual markets, to combat waste, marks of the Acting Majority Leader in today’s fraud, and abuse in health insurance and health care Record on page S8831.) delivery, to promote the use of medical savings ac- counts, to improve access to long-term care services and coverage, and to simplify the administration of Committee Meetings health insurance, agreed to the request of the House (Committees not listed did not meet) for a conference thereon, and the Chair appointed the following conferees: Senators Roth, Kassebaum, Lott, COMMERCE ONLINE Kennedy, and Moynihan. Pages S8820±21 Committee on Commerce, Science, and Transportation: Small Business Job Protection Act—Conferees: Committee concluded hearings on S. 1726, to pro- Senate insisted on its amendments to H.R. 3448, to mote electronic commerce by facilitating the use of provide tax relief for small businesses, to protect privacy-enhancing technologies, after receiving testi- jobs, to create opportunities, to increase the take mony from Louis J. Freeh, Director, Federal Bureau home pay of workers, requested a conference with of Investigation, Department of Justice; William A. the House thereon, and the Chair appointed the fol- Reinsch, Under Secretary of Commerce for Export lowing conferees: from the Committee on Labor and Administration; William P. Crowell, Deputy Direc- Human Resources: Senators Kassebaum, Jeffords, and tor, National Security Agency; James Barksdale, Kennedy; and from the Committee on Finance: Sen- Netscape Communications, Mountain View, Califor- ators Roth, Chafee, Grassley, Hatch, Simpson, Pres- nia; Roel Pieper, Tandem Computers, Inc., sler, Moynihan, Baucus, Bradley, Pryor, and Rocke- Cupertino, California; and Grover Norquist, Ameri- feller. Page S8820 cans for Tax Reform, and Michael Skol, Diplomatic Resolutions, both of Washington, D.C. Energy and Water Appropriations, 1997—Agree- ment: A unanimous-consent agreement was reached NATIONAL PARKS/SITES providing for the consideration of S. 1959, making Committee on Energy and Natural Resources: Sub- appropriations for energy and water development for committee on Parks, Historic Preservation and the fiscal year ending September 30, 1997, on Fri- Recreation concluded hearings on S. 1699, to require day, July 26, 1996. Page S8831 the Secretary of the Interior to establish the National Nominations Confirmed: Senate confirmed the fol- Cave and Karst Research Institute in the vicinity lowing nominations: and outside the boundaries of Carlsbad Caverns Na- Glenn Dale Cunningham, of New Jersey, to be tional Park, New Mexico, and S. 1809, entitled United States Marshal for the District of New Jersey ‘‘Aleutian World War II National Historic Sites for the term of four years. Act’’, after receiving testimony from John Reynolds, Joan B. Gottschall, of Illinois, to be United States Deputy Director, National Park Service, Department District Judge for the Northern District of Illinois. of the Interior; and Brad Gilman, Ounalashka Cor- Robert L. Hinkle, of Florida, to be United States poration, Unalaska, Alaska. District Judge for the Northern District of Florida. WORLD BANK PROJECTS Pages S8830, S8832 Committee on Foreign Relations: Committee held hear- Messages From the House: Pages S8865±66 ings to examine the nature of Xinjiang Production Measures Referred: Page S8866 and Construction Corp and its role in administering Executive Reports of Committees: Page S8866 World Bank projects in Xinjiang, China, receiving testimony from David Lipton, Assistant Secretary of Statements on Introduced Bills: Pages S8866±68 the Treasury for International Affairs; Jeffrey L. Fie- Additional Cosponsors: Page S8868 dler, Washington, D.C., and Harry Wu, Milpitas, July 25, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D813 California, both of the Laogai Research Foundation, S. 1237, to revise certain provisions of law relat- Washington; Teresa Buczacki, Falls Church, Vir- ing to child pornography, with an amendment in the ginia; Mohammed Ferhat, Munich, Germany; and nature of a substitute; Abulajiang Baret, Urumqi, Xinjiang, China. S. 1887, to make improvements in the operation Hearings were recessed subject to call. and administration of the Federal courts, with an amendment in the nature of a substitute; and BUSINESS MEETING S. 1556, to prohibit economic espionage, and to provide for the protection of United States propri- Committee on Governmental Affairs: Committee ordered etary economic information in interstate and foreign favorably reported the following business items: commerce, with an amendment in the nature of a The nomination of Franklin D. Raines, of the Dis- substitute. trict of Columbia, to be Director, Office of Manage- ment and Budget; GENETICS RESEARCH S. 1376, to terminate unnecessary and inequitable Committee on Labor and Human Resources: Committee Federal corporate subsidies, with an amendment in concluded hearings to examine recent developments the nature of a substitute; in genetics research, public policy issues with regard S. 1931, to provide that the United States Post to access to and use of genetic information, and the Office building that is to be located at 9 East Broad impact of genetic technologies on certain sectors of Street, Cookeville, Tennessee, shall be known and industry, health care delivery system, and the public, designated as the ‘‘L. Clure Morton Post Office and after receiving testimony from Senators Mack and Courthouse’’, with an amendment in the nature of a Domenici; Francis S. Collins, Director, National substitute; and Center for Human Genome Research, National Insti- S. 1718, authorizing funds for fiscal year 1997 for tutes of Health, Department of Health and Human intelligence and intelligence-related activities of the Services; Karen H. Rothenberg, University of Mary- United States Government, the Community Manage- land School of Law, and Neil A. Holtzman, Johns ment Account, and for the Central Intelligence Hopkins Medical Institutions, both of Baltimore, Agency Retirement and Disability System, with an Maryland; Patricia D. Murphy, OncorMed, Inc., amendment. Gaithersburg, Maryland; Kate T. Christensen, Permanente Medical Group, Oakland, California; Judy E. Garber, Dana-Farber Cancer Institute/Har- BUSINESS MEETING vard University Medical School, Boston, Massachu- Committee on the Judiciary: Committee ordered favor- setts; and Wendy L. McGoodwin, Council for Re- ably reported the following bills: sponsible Genetics, Cambridge, Massachusetts. h House of Representatives Speaker Pro Tempore: Read a letter from the Chamber Action Speaker wherein he designates Representative Myrick Bills Introduced: 12 public bills, H.R. 3895–3906; to act as Speaker pro tempore for today. Page H8381 3 resolutions, H.J. Res. 187, and H. Con. Res. Committees to Sit: The following committees and 201–202 were introduced. Pages H8556±57 their subcommittees received permission to sit today Reports Filed: Reports were filed as follows: during proceedings of the House under the 5-minute Conference report on H.R. 1617, to consolidate rule: Committees on Agriculture, Banking and Fi- and reform workforce development and literacy pro- nancial Services, Commerce, Economic and Edu- grams (H. Rept. 104–707); and cational Opportunities, Government Reform and H. Res. 489, providing for the consideration of, Oversight, International Relations, Judiciary, Re- H.R. 2823 to amend the Marine Mammal Protection sources, Small Business, and Transportation and In- Act of 1972 to support the International Dolphin frastructure. Page H8384 Conservation Program in the eastern tropical Pacific Energy and Water Development Appropriations: Ocean (H. Rept. 104–708). By a yea-and-nay vote of 391 yeas to 23 nays, Roll Pages H8387±H8458, H8516, H8556 D814 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 1996 No. 360, the House passed H.R. 3816, making ap- Standards Act of 1938 and who are under 18 years propriations for energy and water development for of age to load materials into balers and compactors the fiscal year ending September 30, 1997. that meet appropriate American National Standards Pages H8384±87 Institute design safety standards—clearing the meas- Agreed To: ure for the President. Pages H8517±18 The Schaefer amendment that increases funding Senate Messages: Message received from the Senate for renewable energy programs by $30 million, de- today appears on page H8381. bated on July 24 (agreed to by a recorded vote of Quorum Calls—Votes: Four yea-and-nay votes and 279 ayes to 135 noes, Roll No. 358). Pages H8385±86 Rejected: five recorded votes developed during the proceedings of the House today and appear on pages H8384–85, The Obey amendment that sought to eliminate H8385–86, H8386, H8387, H8469–70, H8470, the $17 million funding for the Advanced Light H8513–14, H8515–16, and H8516. There were no Water Reactor Program, debated on July 24 (re- quorum calls. jected by a recorded vote of 198 ayes to 211 noes, Roll No. 357); and Pages H8384±85 Adjournment: Met at 10 a.m. and adjourned at The Markey en bloc amendment that sought to 9:40 p.m. eliminate the $20 million funding for pyroprocessing or electrometallurgical treatment by reducing energy Committee Meetings research and development by $5 million and defense environmental restoration and waste management by PROCESSOR-FUNDED MILK PROMOTION $15 million, debated on July 24 (rejected by a re- PROGRAM corded vote of 138 ayes to 278 noes, Roll No. 359). Committee on Agriculture: Subcommittee on Livestock, Page H8386 Dairy, and Poultry held an oversight hearing on the Campaign Finance Reform: By a yea-and-nay vote processor-funded milk promotion program of 162 yeas to 259 nays, Roll No. 365, the House (MilkPEP) established by the Fluid Milk Promotion failed to pass H.R. 3820, to amend the Federal Elec- Act of 1990. Testimony was heard from Richard M. tion Campaign Act of 1971 to reform the financing McKee, Director, Dairy Division, Agricultural Mar- of Federal election campaigns. Pages H8470±H8516 keting Service, USDA; and public witnesses. By a recorded vote of 209 ayes to 212 noes, Roll BUDGET RECONCILIATION No. 364, the House rejected the Fazio amendment that sought to recommit the bill to the Committee Committee on Banking and Financial Services: Began on House Oversight with instructions to report it consideration of the following reconciliation rec- back forthwith with an amendment that clarifies the ommendations to be transmitted to the Committee definitions relating to independent expenditures. on the Budget for inclusion in the Budget Reconcili- Pages H8514±16 ation Act: Title III, Subtitle A—Deposit Insurance Rejected, by a recorded vote of 177 ayes to 243 Funds; Subtitle B—Thrift Charter Conversion. noes, Roll No. 363, the Fazio amendment in the na- Committee recessed subject to call. ture of a substitute consisting of the text of H.R. CONSUMER PRODUCTS—ENERGY 3505, to amend the Federal Election Campaign Act EFFICIENCY of 1971, modified by the modified by the amend- Committee on Commerce: Subcommittee on Energy and ment printed in the report of the Committee on Power held a hearing on Federal Energy Efficiency Rules, H. Rept. 104–685. Pages H8492±H8514 Standards for Consumer Products. Testimony was By a yea-and-nay vote of 270 yeas to 140 nays, heard from Representative Gillmor; the following of- Roll No. 362, the House agreed to H. Res. 481, the ficials of the Department of Energy: Christine A. rule which provided for consideration of the bill. Ervin, Assistant Secretary, Energy Efficiency and Re- Agreed to the Solomon amendment which provided newable Energy; and Michael McCabe, Director, Of- that the Thomas amendment be considered as adopt- fice of Codes and Standards; and public witnesses. ed in the House and the Committee of the Whole. The Thomas amendment revised allowable contribu- JUVENILE JUSTICE AND DELINQUENCY tion amounts. Earlier, agreed to order the previous PREVENTION ACT AMENDMENTS question by a yea-and-nay vote of 221 yeas and 193 Committee on Economic and Educational Opportunities: nays, Roll No. 361. Pages H8458±70 Subcommittee on Early Childhood, Youth and Fami- Child Labor Provisions: Agreed to the Senate lies approved for full Committee action amended amendment to H.R. 1114, to authorize minors who H.R. 3876, Juvenile Crime Control and Delinquency are under the child labor provisions of the Fair Labor Prevention Act of 1996. July 25, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D815

MISCELLANEOUS MEASURES; DRAFT CIVIL RIGHTS COMMISSION ACT REPORTS Committee on the Judiciary: Subcommittee on the Con- Committee on Government Reform and Oversight: Ordered stitution approved for full Committee action H.R. reported the following bills: H.R. 3841, amended, 3874, Civil Rights Commission Act of 1996. Omnibus Civil Service Reform Act of 1996; H.R. LABORER’S INTERNATIONAL UNION OF 3864, amended, GAO Management Reform Act; NORTH AMERICA H.R. 3452, amended, Presidential and Executive Of- fice Accountability Act; H.R. 3637, Travel Reform Committee on the Judiciary: Subcommittee on Crime and Savings Act of 1996; H.R. 3802, amended, concluded hearings on the Administration’s efforts Electronic Freedom of Information Act; H.R. 3869, against the influence of organized crime in the La- amended, Electronic Reporting and Streamlining borer’s International Union of North America. Testi- Act; H.R. 1281, War Crimes Disclosure Act; H.R. mony was heard from the following officials of the 3625, National Historical Publications and Records Department of Justice: James Burns, U.S. Attorney, Commission Reauthorization Act; H.R. 3768, to Northern District, Illinois; John C. Keeney, Deputy designate a United States Post Office to be located Assistant Attorney General, Criminal Division; Paul in Groton, MA, as the ‘‘Augusta ‘Gusty’ Hornblower E. Coffey, Organized Crime and Racketeering, Sec- United States Post Office’’; and H.R. 3834, to des- tion; Michel Ross, Supervisory Special Agent, FBI; ignate the Dunning Post Office in Chicago, IL, as Abner J. Mikva, former Counsel, The White House; the ‘‘Roger P. McAuliffe Post Office’’. and public witnesses. The Committee also approved the following draft OVERSIGHT—OUTER CONTINENTAL SHELF reports: ‘‘Protecting the Nation’s Blood Supply from MORATORIA Infectious Agents: The Need for New Standards to Committee on Resources: Subcommittee on Energy and Meet New Threats’’; ‘‘Health Care Fraud: All Public Mineral Resources held an oversight hearing on and Private Payers Need Federal Criminal Anti- Fraud Protections’’; ‘‘Investigation into the Activities Outer Continental Shelf moratoria. Testimony was of Federal Law Enforcement Agencies Toward the heard from Representatives Goss, Seastrand, Riggs, Branch Davidians’’; and ‘‘Two Year Review of the Woolsey, Pallone, Eshoo, and Pelosi; and Cynthia L. White House Communications Agency Reveals Quarterman, Director, Minerals Management Service, Major Mismanagement, Lack of Accountability and Department of the Interior. Mission Creep’’. OVERSIGHT—NATIONAL WILDLIFE SYRIA AND SUPPORT FOR REFUGE INTERNATIONAL TERRORISM Committee on Resources: Subcommittee on Fisheries, Committee on International Relations: Held a hearing on Wildlife and Oceans held an oversight hearing on Syria: Peace Partner or Rogue Regime? Testimony National Wildlife Refuge System. Testimony was was heard from Philip Wilcox, Coordinator for heard from Robert Streeter, Assistant Director, Ref- Counterterrorism, Department of State; and public uges and Wildlife, U.S. Fish and Wildlife Service, witnesses. Department of the Interior. ALBANIA—HUMAN RIGHTS AND MISCELLANEOUS MEASURES DEMOCRACY Committee on Resources: Subcommittee on National Committee on International Relations: Subcommittee on Parks, Forests and Lands held a hearing on the fol- International Operations and Human Rights held a lowing bills: H.R. 3099, Washita Battlefield Nation hearing on Human Rights and Democracy in Alba- Historic Site Act of 1996; H.R. 3819, to amend the nia. Testimony was heard from Rudolf V. Perina, Act establishing the National Park Foundation; H.R. Senior Deputy Assistant Secretary, Bureau of Euro- 3486, to dispose of certain Federal properties at pean and Canadian Affairs, Department of State; and Dutch John, Utah, and to assist local government in public witnesses. the interim delivery of basic services to the Dutch John community; H.R. 3769, to provide for the con- OVERSIGHT ditional transfer of the Oregon and California Rail- Committee on the Judiciary: Subcommittee on Com- road Grant Lands, the Coos Bay Military Wagon mercial and Administrative Law held an oversight Road Lands, and related public domain lands to the hearing to review whether Congress should adopt State of Oregon; and H.R. 3497, Snoqualmie Na- legislation that would exempt from local taxation tional Forest Boundary Adjustment Act of 1996. wireless service providers who transmit satellite-de- Testimony was heard from Representatives Bunn of livered video programming. Testimony was heard Oregon, Dunn, Lucas, and Orton; the following offi- from public witnesses. cials of the Department of the Interior: Katherine D816 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 1996 Stevenson, Associate Director, Cultural Resource Pegado, Assistant Secretary and Director General, Stewardship and Partnerships, National Park Service; U.S. Commercial Service; James P. Morris, Director, Nancy Hayes, Chief of Staff and Counselor, Bureau Regional Office, Export-Import Bank of the United of Land Management; and Steve Richardson, Direc- States; and Mary N. Joyce, International Trade Spe- tor, Policy and External, Bureau of Reclamation; El- cialist, SBA. eanor Towns, Director, Lands, Forest Service, USDA; and public witnesses. COMMITTEE BUSINESS OVERSIGHT Committee on Standards of Official Conduct: Met in ex- ecutive session to consider pending business. Committee on Resources: Subcommittee on Water and Power Resources held an oversight hearing on de- ISTEA REAUTHORIZATION ferred maintenance and energy reliability issues at fa- Committee on Transportation and Infrastructure: Sub- cilities generating power marketed by the Southeast- committee on Surface Transportation continued hear- ern Power Administration. Testimony was heard ings on ISTEA Reauthorization Maintaining Ade- from Representatives Franks of New Jersey and quate Infrastructure: The Surface Transportation Pro- Meehan; Victor S. Rezendes, Director, Energy, Re- gram. Testimony was heard from Representative Vis- sources and Science Issues, GAO; Charles Borchardt, closky; William G. Burnett, Executive Director, De- Administrator, Southeastern Power Administration, partment of Transportation, State of Texas; Brian Department of Energy; Daniel R. Burns, Chief of Rude, Senator, State of Wisconsin; and public wit- Operations, Construction and Readiness Division, nesses. Corps of Engineers, Department of the Army; and Hearings continue July 30. public witnesses. SOCIAL SECURITY MISCELLANEOUS INTERNATIONAL DOLPHIN AMENDMENTS ACT; SSA AS AN CONSERVATION PROGRAM ACT INDEPENDENT AGENCY Committee on Rules: Granted, by voice vote, a modi- Committee on Ways and Means: Subcommittee on So- fied closed rule providing 1 hour of debate on H.R. cial Security approved for full Committee action the 2823, International Dolphin Conservation Program Social Security Miscellaneous Amendments Act of Act. 1996. In lieu of the Committee on Resources amend- The Subcommittee also held a hearing to Review ment, the rule provides for one amendment in the the Performance of the Social Security Administra- nature of a substitute printed in the Congressional tion as an Independent Agency. Testimony was Record and numbered 1 to be considered as an origi- heard from Rogello Garcia, Specialist in American nal bill for the purpose of amendment. The amend- National Government, Government Management ment numbered 1 shall be considered as read. and Operations Section, Government Division, Con- The rule also provides for an amendment to be of- gressional Research Service, Library of Congress; fered by Representative Miller of California or his Charles A. Bowsher, Comptroller General, GAO; and designee, which shall be considered as read, shall be Shirley Sears Chater, Commissioner, SSA. debatable for 1 hour equally divided and controlled by the proponent and an opponent, and shall not be U.S. TRADE COMPETITIVENESS AND subject to amendment. Finally, the rule provides one WORKFORCE EDUCATION AND TRAINING motion to recommit, with or without instructions. Committee on Ways and Means: Subcommittee on Testimony was heard from Chairman Young and Trade held a hearing on U.S. Trade Competitiveness Representatives Saxton, Gilchrest, and Miller of Cali- and Workforce Education and Training. Testimony fornia. was heard from Robert R. Reich, Secretary of Labor; OVERSIGHT—EFFECTIVENESS OF U.S. David Longanecker, Assistant Secretary, Post-Second- EXPORT ASSISTANCE CENTERS ary Education, Department of Education; and public Committee on Small Business: Subcommittee on Pro- witnesses. curement, Exports, and Business Opportunities held an oversight hearing on the Effectiveness of U.S. Ex- Joint Meetings port Assistance Centers. Testimony was heard from JayEtta Hecker, Director, International Trade, Fi- BUDGET RECONCILIATION nance and Competitiveness Division, GAO; the fol- Conferees met to resolve the differences between the lowing officials of the Department of Commerce: Senate- and House-passed versions of H.R. 3734, to Johnnie Frazier, Assistant Inspector General, Inspec- provide for reconciliation pursuant to section tions and Program Evaluations; and Lauri-Fitz- 201(a)(1) of the concurrent resolution on the budget July 25, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D817 for fiscal year 1997, but did not complete action Expiring Section 8 Contracts and FHA Insurance, 10 thereon, and recessed subject to call. a.m., 2128 Rayburn. f Committee on Commerce, Subcommittee on Commerce, Trade, and Hazardous Materials, hearing on H.R. 3391, NEW PUBLIC LAWS to amend the Solid Waste Disposal Act to require at least 85 percent of funds appropriated to the Environmental (For last listing of Public laws, see DAILY DIGEST, p. D794) Protection Agency from the Leaking Underground Stor- H.R. 701, to authorize the Secretary of Agri- age Tank Trust Fund to be distributed to States for coop- culture to convey lands to the City of Rolla, Mis- erative agreements for undertaking corrective action and souri. Signed July 24, 1996. (P.L. 104–165) for enforcement of subtitle I of such Act, 10 a.m., 2322 f Rayburn. Committee on Government Reform and Oversight, Sub- COMMITTEE MEETINGS FOR FRIDAY, committee on Human Resources and Intergovernmental JULY 26, 1996 Relations, hearing on Consumers and Health Informatics, (Committee meetings are open unless otherwise indicated) 10 a.m., 2154 Rayburn. Committee on Resources, briefing on proposed National Senate Petroleum Reserve—Alaska Land Exchange contained in Committee on Banking, Housing, and Urban Affairs, to the House counter-offer to the Senate on the Presidio leg- hold oversight hearings to review the General Accounting islation, 11:30 a.m., 1324 Longworth. Office report on the Federal Reserve System, 9:15 a.m., SD–538. Joint Meetings House Conferees, on S. 1316, to authorize funds for programs Committee on Banking and Financial Services, Subcommit- of the Safe Drinking Water Act, 9:15 a.m., 2123 Ray- tee on Housing and Community Opportunity, hearing on burn Building. D818 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, July 26 9 a.m., Friday, July 26

Senate Chamber House Chamber Program for Friday: Senate will resume consideration of Program for Friday: Consideration of H.R. 2391, H.R. 3540, Foreign Operations Appropriations, 1997. Working Families Flexibility Act (modified open rule, 1 Senate will also consider S. 1959, Energy and Water hour of general debate). Appropriations, 1997.

Extensions of Remarks, as inserted in this issue

HOUSE Fox, Jon D., Pa., E1371, E1373, E1375, E1377, E1378, Lofgren, Zoe, Calif., E1382 E1380 Maloney, Carolyn B., N.Y., E1381 Ackerman, Gary L., N.Y., E1378 Funderburk, David, N.C., E1378 Martini, William J., N.J., E1376 Baker, Bill, Calif., E1381 Ganske, Greg, Iowa, E1374 Morella, Constance A., Md., E1382 Callahan, Sonny, Ala., E1375 Gingrich, Newt, Ga., E1373 Packard, Ron, Calif., E1375 Conyers, John, Jr., Mich., E1378 Hoke, Martin R., Ohio, E1380 Portman, Rob, Ohio, E1376 Cummings, Elijah E., Md., E1380 Jackson-Lee, Sheila, Tex., E1383 Richardson, Bill, N. Mex., E1377 Davis, Thomas M., Va., E1382, E1384 Kim, Jay, Calif., E1379 Ros-Lehtinen, Ileana, Fla., E1382 Dingell, John D., Mich., E1371 Levin, Sander M., Mich., E1377 Smith, Nick, Mich., E1373 Fields, Jack, Tex., E1372, E1374, E1377 Lincoln, Blanche Lambert, Ariz., E1383 Solomon, Gerald B.H., N.Y., E1375 Filner, Bob, Calif., E1383 Lipinski, William O., Ill., E1371, E1374 Spence, Floyd, S.C., E1379

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