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, FRIDAY, JULY 26, 1996 No. 112 House of Representatives

The House met at 9 a.m. [Roll No. 366] Rohrabacher Serrano Talent The Chaplain, Rev. James David Ros-Lehtinen Shadegg Tanner YEAS—229 Roth Shaw Tate Ford, D.D., offered the following pray- Roukema Shays Tauzin Ackerman Diaz-Balart Kleczka Roybal-Allard Shuster Thornberry er: Allard Dingell Klink Royce Sisisky Thurman At the beginning of each day we give Andrews Dooley Kolbe Rush Skaggs Traficant Archer Dreier LaHood thanks to you, O God, for all the gifts Salmon Skeen Upton Armey Duncan Lantos and blessings and hopes that we re- Sanford Smith (MI) Walker Bachus Edwards Latham Sawyer Smith (TX) Walsh ceive. As the scriptures proclaim, Baesler Ehrlich Levin Saxton Smith (WA) Wamp ‘‘Make a joyful noise to the Lord, all Baldacci Eshoo Lewis (CA) Schaefer Solomon Ward Ballenger Farr Lightfoot the lands! Serve the Lord with glad- Schiff Stark Wicker ness! Come into his presence with sing- Barcia Fattah LoBiondo Schumer Stearns Williams Barr Flake Lucas ing!’’ It is our earnest prayer, O God, Scott Stenholm Woolsey Barrett (NE) Flanagan Luther Sensenbrenner Stump that whatever our circumstance or Barrett (WI) Foley Maloney whatever our situation, whatever our Bartlett Forbes Manton NAYS—51 Bass Franks (CT) Martini opportunity, we will respond to this Abercrombie Hefley Pallone Bateman Franks (NJ) Mascara Borski Heineman Payne (NJ) day with prayer, praise, and thanks- Bentsen Frelinghuysen Matsui Clay Hilleary Pickett Bilbray Frisa McCarthy giving. We pray that wherever we are Clyburn Jackson (IL) Pomeroy Bilirakis Frost McHale or whatever our concern, we will con- Deal Jacobs Poshard Bishop Furse McHugh DeFazio Jefferson Ramstad tinue to offer our gratitude to You, O Bliley Gallegly McInnis Durbin Johnson, E. B. Sabo God, for our lives, our hopes, and our Blute Geren McKeon Everett Kanjorski Schroeder Boehlert Gilchrest McNulty dreams. In Your name, we pray. Amen. Fazio Lewis (GA) Stupak Bonilla Gilman Meehan f Foglietta Lewis (KY) Taylor (MS) Bonior Gonzalez Meek Fox Lipinski Thompson Brewster Goodlatte Mica THE JOURNAL Funderburk Longley Torkildsen Browder Goodling Miller (CA) Ganske Lowey Vento Brown (FL) Gordon Miller (FL) The SPEAKER. The Chair has exam- Gephardt McDermott Volkmer Brownback Goss Minge ined the Journal of the last day’s pro- Green (TX) McKinney Watt (NC) Bryant (TN) Graham Mink Gutierrez Nussle Waxman ceedings and announces to the House Bunn Greene (UT) Moakley Gutknecht Obey Wynn his approval thereof. Burr Gunderson Molinari Pursuant to clause 1, rule I, the Jour- Burton Hall (TX) Mollohan NOT VOTING—153 Callahan Hamilton Montgomery nal stands approved. Baker (CA) Cremeans Calvert Hancock Morella Gekas Baker (LA) Cubin Mrs. MALONEY. Mr. Speaker, pursu- Campbell Hansen Murtha Gibbons Barton Danner ant to clause 1, rule I, I demand a vote Cardin Hastert Myers Gillmor Becerra Davis Castle Hayworth Myrick Greenwood on agreeing to the Speaker’s approval Beilenson de la Garza Chabot Hefner Neal Hall (OH) of the Journal. Bereuter Dickey Chambliss Hobson Nethercutt Harman Berman Dicks The SPEAKER. The question is on Christensen Hoekstra Neumann Hastings (FL) Bevill Dixon the Chair’s approval of the Journal. Chrysler Horn Ney Hastings (WA) Blumenauer Doggett Clayton Hostettler Olver Hayes The question was taken; and the Boehner Doolittle Clement Houghton Orton Herger Speaker announced that the ayes ap- Bono Dornan Clinger Hoyer Packard Hilliard Boucher Doyle peared to have it. Coble Hyde Parker Hinchey Brown (CA) Dunn Mrs. MALONEY. Mr. Speaker, I ob- Collins (GA) Inglis Pastor Hoke Brown (OH) Ehlers Combest Jackson-Lee Payne (VA) Holden ject to the vote on the ground that a Bryant (TX) Engel Condit (TX) Pelosi Hunter Bunning English quorum is not present and make the Conyers Johnson (CT) Petri Hutchinson Buyer Ensign point of order that a quorum is not Cooley Johnston Porter Istook Camp Evans Cox Jones Portman Johnson (SD) present. Canady Ewing Coyne Kaptur Pryce Johnson, Sam The SPEAKER. Evidently a quorum Chapman Fawell Cramer Kasich Quinn Kennedy (MA) Chenoweth Fields (LA) is not present. Crapo Kelly Rahall Klug Coburn Fields (TX) The Sergeant at Arms will notify ab- Cummings Kennedy (RI) Reed Knollenberg Coleman Filner Cunningham Kennelly Regula LaFalce sent Members. Collins (IL) Ford DeLauro Kildee Rivers Largent The vote was taken by electronic de- Collins (MI) Fowler DeLay Kim Roberts LaTourette Costello Frank (MA) vice, and there were—yeas 229, nays 51, Dellums King Roemer Laughlin Crane Gejdenson not voting 153, as follows: Deutsch Kingston Rogers Lazio

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

H8559 H8560 CONGRESSIONAL RECORD — HOUSE July 26, 1996 Leach Paxon Thornton of workers, to amend the Portal-to-Portal The message also announced that the Lincoln Peterson (FL) Tiahrt Act of 1947 relating to the payment of wages Senate has passed bills of the following Linder Peterson (MN) Torres to employees who use employer owned vehi- Livingston Pombo Torricelli titles in which the concurrence of the cles, and to amend the Fair Labor Standards Lofgren Quillen Towns House is requested: Manzullo Radanovich Velazquez Act of 1938 to increase the minimum wage rate and to prevent job loss by providing S. 1577. An act to authorize appropriations Markey Rangel Visclosky for the National Historical Publications and Martinez Richardson Vucanovich flexibility to employers in complying with Records Commission for fiscal years 1998, McCollum Riggs Waters minimum wage and overtime requirements 1999, 2000, and 2001; McCrery Rose Watts (OK) under that Act; and McDade Sanders Weldon (FL) S. 1675. An act to provide for the nation- H.R. 3603. An act making appropriations wide tracking of convicted sexual predators, McIntosh Scarborough Weldon (PA) for Agriculture, Rural Development, Food Menendez Seastrand Weller and for other purposes; and Metcalf Skelton White and Drug Administration, and Related Agen- S. 1784. An act to amend the Small Busi- Meyers Slaughter Whitfield cies programs for the fiscal year ending Sep- ness Investment Act of 1958, and for other Millender- Smith (NJ) Wilson tember 30, 1997, and for other purposes. purposes. McDonald Souder Wise The message also announced that the Moorhead Spence Wolf f Senate insists upon its amendments to Moran Spratt Yates ANNOUNCEMENT BY THE SPEAKER Nadler Stockman Young (AK) the bill (H.R. 3603) ‘‘An act making ap- PRO TEMPORE Norwood Stokes Young (FL) propriations for Agriculture, Rural De- Oberstar Studds Zeliff The SPEAKER pro tempore. The Ortiz Taylor (NC) Zimmer velopment, Food and Drug Administra- Owens Tejeda tion, and Related Agencies programs Chair will entertain five 1-minutes on Oxley Thomas for the fiscal year ending September 30, each side. f b 0925 1997, and for other purposes,’’ requests a conference with the House on the dis- EVIDENCE OF CASTRO’S ROLE IN Mr. VOLKMER changed his vote agreeing votes of the two Houses there- from ‘‘yea’’ to ‘‘nay.’’ DRUG TRAFFICKING on, and appoints Mr. COCHRAN, Mr. So the Journal was approved. (Mr. DIAZ-BALART asked and was SPECTER, Mr. BOND, Mr. GORTON, Mr. The result of the vote was announced given permission to address the House MCCONNELL, Mr. BURNS, Mr. HATFIELD, as above recorded. for 1 minute.) Mr. BUMPERS, Mr. HARKIN, Mr. KERREY, f Mr. DIAZ-BALART. Mr. Speaker, Mr. JOHNSTON, Mr. KOHL, and Mr. BYRD yesterday’s Miami Herald revealed vast PERSONAL EXPLANATION to be the conferees on the part of the new evidence of Cuban dictator Cas- Senate. Mr. EHLERS. Mr. Speaker, on rollcall No. tro’s personal involvement in cocaine The message also announced that the trafficking into the United States. 366, I missed the vote because I was detained Senate insists upon its amendments to in a doctor's office. Had I been present, I Drug dealers busted with thousands of the bill (H.R. 3448) ‘‘An act to provide pounds of cocaine from Cuba not only would have voted ``yes.'' tax relief for small businesses, to pro- f say the cocaine was brought into the tect jobs, to create opportunities, to United States with Castro’s coordina- PLEDGE OF ALLEGIANCE increase the take home pay of workers, tion, there are photos of Castro with to amend the Portal-to-Portal Act of the traffickers and video of Castro-as- The SPEAKER pro tempore (Mr. 1947 relating to the payment of wages KINGSTON). Will the gentlewoman from sisted drug operations. to employees who use employer owned Mr. Speaker, our DEA and Customs New York [Mrs. MALONEY] come for- vehicles, and to amend the Fair Labor ward and lead the House in the Pledge people on the front line are doing an Standards Act of 1938 to increase the admirable job, but until when is the of Allegiance. minimum wage rate and to prevent job Mrs. MALONEY led the Pledge of Al- Clinton administration going to cover loss by providing flexibility to employ- up the fact that Castro is today a legiance as follows: ers in complying with minimum wage major cocaine trafficker? I pledge allegiance to the Flag of the and overtime requirements under that b United States of America, and to the Repub- Act,’’ requests a conference with the 0930 lic for which it stands, one nation under God, House on the disagreeing votes of the Where are the indictments against indivisible, with liberty and justice for all. two Houses thereon, and appoints from Castro’s henchmen for trafficking that f the Committee on Labor and Human the U.S. Attorney in south Florida has MESSAGE FROM THE SENATE Resources: Mrs. KASSEBAUM, Mr. JEF- had ready for issuance for 3 years? I know this administration would like The message from the Senate by Mr. FORDS, and Mr. KENNEDY; and from the Committee on Finance: Mr. ROTH, Mr. the drug problem to just go away, but Lundregan, one of its clerks, an- the cover-up on Castro’s role in drug nounced that the Senate had passed CHAFEE, Mr. GRASSLEY, Mr. HATCH, Mr. SIMPSON, Mr. PRESSLER, Mr. MOYNIHAN, trafficking will not hold any longer. without amendment a bill of the House President Clinton must face up to of the following title: Mr. BAUCUS, Mr. BRADLEY, Mr. PRYOR, and Mr. ROCKEFELLER to be the con- this issue of grave consequences to the H.R. 1051. An act to provide for the exten- ferees on the part of the Senate. American people. sion of certain hydroelectric projects located f in the State of West Virginia. The message also announced that the Senate insists upon its amendment to COMMISSION NEEDED ON The message also announced that the the bill (H.R. 3103) ‘‘An act to amend Senate had passed with amendments in CAMPAIGN FINANCE REFORM the Internal Revenue Code of 1986 to (Mrs. MALONEY asked and was given which the concurrence of the House is improve portability and continuity of requested, bills of the House of the fol- permission to address the House for 1 health insurance coverage in the group minute.) lowing titles: and individual markets, to combat H.R. 782. An act to amend title 18 of the Mrs. MALONEY. Mr. Speaker, we waste, fraud, and abuse in health insur- have another session of Congress and United States Code to allow members of em- ance and health care delivery, to pro- ployee associations to represent their views another failed effort at campaign fi- before the United States Government; mote the use of medical savings ac- nance reform. H.R. 1642. An act to extend nondiscrim- counts, to improve access to long-term The more things change, the more inatory treatment (most-favored-nation care services and coverage, to simplify they stay the same. We could shrug our treatment) to the products of Cambodia, and the administration of health insurance, shoulders and give up or we could put for other purposes; and for other purposes,’’ disagreed to our shoulders to the wheel and work on H.R. 2980. An act to amend title 18, United by the House, and agrees to the con- the only viable option left for this Con- States Code, with respect to stalking; ference asked by the House on the dis- gress, a comprehensive commission on H.R. 3166. An act to amend title 18, United agreeing votes of the two Houses there- States Code, with respect to the crime of campaign finance reform. false statement in a Government matter; on, and appoints Mr. ROTH, Mrs. KASSE- I have introduced a bipartisan bill to H.R. 3448. An act to provide tax relief for BAUM, Mr. LOTT, Mr. KENNEDY, and Mr. do just that. It is modeled after Con- small businesses, to protect jobs, to create MOYNIHAN to be the conferees on the gressman ARMEY’S Military Base Clos- opportunities, to increase the take home pay part of the Senate. ing Commission. The Commission July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8561 would consider all relevant aspects of labor standards enforcement, and now over something that is really going to campaign finance reform and present a today they want to lower the wages by harm America’s families. They are too comprehensive bill for an up-or-down eliminating overtime wages. precious to do that. vote on the floor. This Congress is not the friend of the f President Clinton, Speaker GINGRICH working people; they want to eliminate WELFARE REFORM LEGISLATION and Senator Dole all have publicly en- the working people. dorsed the concept. Let us take advan- f (Mr. MILLER of Florida asked and tage of this rare consensus. Mr. Speak- was given permission to address the AMERICAN PEOPLE NEED TO er, it is either an independent commis- House for 1 minute and to revise and KNOW TRUTH ABOUT FILEGATE sion or more of the same. extend his remarks.) f (Mr. BALLENGER asked and was Mr. MILLER of Florida. Mr. Speaker, given permission to address the House I rise today to ask President Clinton a INVESTIGATE THE ROLE OF CUBA for 1 minute.) simple question. Will you sign the wel- IN DRUG SMUGGLING Mr. BALLENGER. Mr. Speaker, one fare reform legislation? Everyone in (Ms. ROS-LEHTINEN asked and was of the most interesting questions sur- this Chamber wants to save our chil- given permission to address the House rounding the Filegate matter was dren. Every one in America agrees the for 1 minute and to revise and extend ‘‘Who hired Craig Livingstone?’’ In tes- current welfare system has failed our her remarks.) timony before the House Government children. We have worked on a biparti- Ms. ROS-LEHTINEN. Mr. Speaker, it Reform and Oversight Committee, Ber- san basis in both Chambers to deliver comes as no surprise to those of us nard Nussbaum said he did not know reforms that free the most vulnerable from south Florida that, as reported by who hired Mr. Livingstone. children in America from a life of de- the Miami Herald yesterday, the DEA That was the story last month, on pendency on a faceless, uncaring bu- is investigating a connection between June 26. reaucracy. Cuban tyrant Castro and the shipment Yesterday, a very different picture We are one step away. All we need is of over 5,000 pounds of cocaine which emerged. Chairman Bill Clinger has President Clinton’s signature. Here’s was confiscated in Miami early Janu- now reported that based on his com- what he must decide. Is it fair to leave ary. mittee’s investigation, Bernie Nuss- our most vulnerable children trapped The Herald reported that United baum was indeed very knowledgeable in unsafe schools and unsafe homes? Is States drug enforcement agencies sus- about Mr. Livingstone’s employment it fair to leave kids in a system where pect the drugs were offloaded inside at the White House. the only successful entrepreneurs in Cuban territory from a Colombian The FBI has supplied evidence that the neighborhoods are drug dealers? freighter and the agency is investigat- completely contradicts his testimony. President Clinton must decide who is ing a photo which documents a meet- Mr. Speaker, I think the American more capable of delivering true com- ing between Castro and one of the drug people deserve to hear the truth about passion to these kids. Can a Washing- smugglers arrested. Filegate. Instead of all the excuses and ton bureaucracy that is saddled with But will the mounting documenta- coverups; instead of all this bobbing outdated rules and regulations created tion on this and other cases result in and weaving; would it not be easier for to appease some special interest group an indictment of Castro? the White House to come clean? really deliver compassion? I believe As long as the administration refuses Think about it, Mr. Speaker, if they neighbors helping neighbors can dra- to confront, for political reasons, the are truly innocent of any wrong doing, matically change the lives of individ- role that the Cuban Communist regime why do they not just tell the truth? ual Americans. I hope the President plays in drug smuggling, our Nation f makes the right decision for America’s will never win the war on drugs and kids. WORKING FAMILIES FLEXIBILITY stop the devastating effects that nar- ACT f cotics have on our children and soci- MINIMUM WAGE AND WELFARE ety. (Mrs. SCHROEDER asked and was Unfortunately, the administration given permission to address the House (Mr. MILLER of California asked and continues to drag its feet because the for 1 minute and to revise and extend was given permission to address the leadership at the top is not there and it her remarks.) House for 1 minute and to revise and ignores the facts in order to avoid a Mrs. SCHROEDER. Mr. Speaker, extend his remarks.) confrontation with Castro. America’s working families are under Mr. MILLER of California. Mr. Once again, President Clinton fails tremendous stress. The average work- Speaker, Members of the House, appar- the drug test. ing family feels like a hamster in a ently the Republicans have gotten the It is time for the rhetoric to stop and wheel, where they run faster and faster message. America’s families are work- action to be taken. every year and their tongues are hang- ing harder than ever, longer than ever, The finger points to Fidel Castro. ing out and they cannot make ends and earning less than at any time in Will President Clinton investigate? meet. And so the Republicans who were the last 20 years. The reason for that is f against flex time, were against family simply that wages have not kept up. medical leave, were against everything But what we now see is the Repub- ILL-ADVISED CHANGES IN LABOR else, have come up with this new warm licans fighting an effort to bring a min- LAW fuzzy. It sounds wonderful. imum wage to a livable wage. We see it (Mr. GENE GREEN of Texas asked They are talking about the Working is Republicans now allowing employers and was given permission to address Families Flexibility Act. Well, it is so to take away people’s overtime, over- the House for 1 minute and to revise flexible that a working woman who time that has become, unfortunately, and extend his remarks.) works 47.5 hours a week at $5 an hour more and more important to maintain- Mr. GENE GREEN of Texas. Mr. takes a 22-percent pay cut. This is not ing family wages in this country. Speaker, I am here from the Govern- what we need. It is wrong to try and So, what we have is, we have a dual ment and I am going to help you. I am trick America’s families, who are attack on working families, and now a Republican and I am here to help the under such stress, that you are trying we see also that they are going to bring working people of America. to be so sympathetic toward them, us a welfare bill that will plunge a mil- Both these statements are kind of when all you are really doing is giving lion more children into poverty that hard to believe. We have a bill today on their employers even more money and are not in poverty today. Half of those the calendar that will change 60 years even more authority over the time and children are in working families, but of 40-hour week laws. The Republican the hours that they work. This is because their families cannot earn a majority this year alone opposed the wrong. It should be defeated. better minimum wage, because they minimum wage increase, cut occupa- Mr. Speaker, I hope everybody listens will not be allowed to earn more over- tional health and safety funding for to it, and I hope we stop putting the time, those families are now going to safe workplaces, cut funding for fair kind of nice warm fuzzy names out be put into poverty because they are H8562 CONGRESSIONAL RECORD — HOUSE July 26, 1996 also going to lose what little benefits just to find a second job to make up for the bill or to the committee amendment in they get under the current welfare sys- the money they lose in overtime pay. the nature of a substitute. The previous question shall be considered as ordered on tem. No; working families, working f poor families, working middle class the bill and amendments thereto to final passage without intervening motion except families continue to be under assault PROVIDING FOR CONSIDERATION OF H.R. 2391, WORKING FAMILIES one motion to recommit with or without in- by this Republican Congress because structions. they have not got the message these FLEXIBILITY ACT OF 1996 b families need help. Ms. GREENE of Utah. Mr. Speaker, 0945 f by direction of the Committee on The SPEAKER pro tempore (Mr. Rules, I call up House Resolution 488 KINGSTON). The gentlewoman from AIRPORT SECURITY NEEDED NOW and ask for its immediate consider- Utah [Ms. GREENE] is recognized for 1 (Mr. BURTON of Indiana asked and ation. hour. was given permission to address the The Clerk read the resolution, as fol- Ms. GREENE of Utah. Mr. Speaker, House for 1 minute and to revise and lows: for the purpose of debate only, I yield extend his remarks.) H. RES. 488 the customary 30 minutes to the gen- Mr. BURTON of Indiana. Mr. Speaker Resolved, That at any time after the adop- tleman from Massachusetts [Mr. MOAK- in 1990, we passed the Aviation Secu- tion of this resolution the Speaker may, pur- LEY], pending which I yield myself such rity Improvement Act, which was sup- suant to clause 1(b) of rule XXIII, declare the time as I may consume. During consid- posed to protect people in airports get- House resolved into the Committee of the eration of this resolution, all time ting on their airplanes. It was supposed Whole House on the state of the Union for yielded is for the purpose of debate to deal with the possibility of detecting consideration of the bill (H.R. 2391) to amend only. plastic explosives, which could kill a the Fair Labor Standards Act of 1938 to pro- Mr. Speaker, House Resolution 488 is lot of people like that which happened vide compensatory time for all employees. a modified open rule providing for the The first reading of the bill shall be dis- consideration of H.R. 2391, the Working in New York just a few short days ago. pensed with. General debate shall be con- The problem is it did not work. It has fined to the bill and shall not exceed one Families Flexibility Act. The rule pro- not worked and since 1990, nothing hour equally divided and controlled by the vides for 1 hour of general debate, really has been done. chairman and ranking minority member of equally divided between the chairman They said by 1993 we would have de- the Committee on Economic and Edu- and the ranking member of the Com- vices at every airport, especially the cational Opportunities. After general debate mittee on Economic and Educational international airports, to detect these the bill shall be considered for amendment Opportunities. plastic explosives. It has not happened, under the five-minute rule for a period not to Mr. Speaker, the rule makes in order and now we have lost 230 some people exceed two hours. It shall be in order to con- the Committee on Economic and Edu- sider as an original bill for the purpose of over the Atlantic. amendment under the five-minute rule the cational Opportunities amendment in We need to put dogs at the airports amendment in the nature of a substitute rec- the nature of a substitute as an origi- that have the ability to sniff out plas- ommended by the Committee on Economic nal bill for purpose of amendment, with tic explosives. We use them in this and Educational Opportunities now printed each section considered as read. The Chamber, in the Capitol of the United in the bill. The committee amendment in the rule waives clause 7 of rule XVI, which States, and it will work at the airports. nature of a substitute shall be considered as requires amendments to be germane, The cost is very small compared to read. Points of order against the committee against this committee amendment in the machines we are talking about. amendment in the nature of a substitute for the nature of substitute. This waiver is failure to comply with clause 7 of rule XVI Those machines could cost up to $2.2 are waived. Before consideration of any necessary because the committee billion. To put dogs at 50 airports costs other amendment it shall be in order to con- amendment includes a remedy provi- about $4 million a year, and we could sider the amendment printed in the report of sion to further enhance existing work- do it right away. We do not need to the Committee on Rules accompanying this er protections, and this provision is mess around. If we are going to protect resolution, if offered by Representative technically beyond the scope of the the flying public in this country, we Goodling of Pennsylvania or his designee. bill. need to do it now. That amendment shall be considered as read, Mr. Speaker, the rule provides for the Mr. Speaker, I have introduced a bill may amend portions of the bill not yet read, consideration of the manager’s amend- shall be debatable for ten minutes equally ment printed in the Rules Committee to this effect, and I hope all of my col- divided and controlled by the proponent and leagues will cosponsor it. an opponent, shall not be subject to amend- report, which amendment shall be con- f ment, and shall not be subject to a demand sidered as read. This amendment shall for division of the question in the House or not be subject to amendment or to a di- THE COMP TIME BILL in the Committee of the Whole. If that vision of the question, may amend por- (Mr. BONIOR asked and was given amendment is adopted, the committee tions of the bill not yet read, and is de- permission to address the House for 1 amendment in the nature of a substitute, as batable for 10 minutes equally divided minute.) amended, shall be considered as the original between the proponent and an oppo- Mr. BONIOR. Mr. Speaker, this comp bill for the purpose of further amendment. nent. If adopted, this manager’s time bill is not about compensation, No further amendment to the committee amendment in the nature of a substitute, as amendment shall be considered as part and it is not about flexibility, and it amended, shall be in order except those of the base text for further amendment certainly is not about helping working printed in the portion of the Congressional purposes. families. It is about ending the 40-hour Record designated for that purpose in clause In order to better accommodate workweek. It is about cutting people’s 6 of rule XXIII. Amendments so printed shall members’ schedules, the rule allows pay. It is about changing the laws so be considered as read. The Chairman of the the Chairman of the Committee of the employers no longer have to pay over- Committee of the Whole may: (1) postpone Whole to postpone votes and reduce time wages for overtime work. until a time during further consideration in voting time to 5 minutes. This bill takes away the only real the Committee of the Whole a request for a Mr. Speaker, there are only 26 legis- recorded vote on any amendment; and (2) re- raise that most people have gotten duce to five minutes the minimum time for lative days left in this Congress, and over the last 20 years, and they have electronic voting on any postponed question there remain a large number of prior- earned that through their own hard that follows another electronic vote without ity items that must be considered by work, through their sweat. intervening business, provided that the mini- the House, including the remainder of Mr. Speaker, if this bill becomes law, mum time for electronic voting on the first the reconciliation process and all 13 ap- as this chart points out, a single mom in any series of questions shall be fifteen propriations conference reports. Ac- who puts in 47 hours at 5 bucks an hour minutes. At the conclusion of consideration cordingly, the rule provides for a 2- can lose $50 a week. The factory worker of the bill for amendment the Committee hour limit on the amendment process. shall rise and report the bill to the House who gets $10 an hour can lose $110 a with such amendments as may have been Given that no amendments were of- week. This is a 22-percent cut. adopted. Any Member may demand a sepa- fered during the full committee mark- Mr. Speaker, if this bill becomes law, rate vote in the House on any amendment up of this legislation, and only one workers are going to need comp time adopted in the Committee of the Whole to amendment has been filed, 2 hours July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8563 should be more than adequate time for This legislation does not relieve em- And, once again, it is hard working, amendment of this straightforward leg- ployers from the obligation of paying lower paid Americans who are getting islation. overtime. hurt by this Republican Congress. The rule provides for consideration This legislation does not give em- Like many other bills we have seen only of those amendments that have ployers the means to coerce workers this session, this bill takes care of the been preprinted in the CONGRESSIONAL into taking compensatory time instead big guys but does not do much for the RECORD. Members have been given of overtime pay. workers. ample time and notice to get amend- What this bill does, is give workers In fact, I would say, Mr. Speaker, ments printed in the RECORD. Finally, the option of choosing more cash wages that it seriously endangers workers, the rule provides for one motion to re- or paid time off for overtime work. particularly workers who rely on over- commit, with or without instructions. Mr. Speaker, we all know that work- time pay to support their families. Mr. Speaker, H.R. 2391 is important, ing families are suffering from a time This bill allows an employer to stop commonsense legislation to give work- crunch. Things have changed since paying overtime, and say to employees, ing families a much-needed option in 1938—we have more working parents, ‘‘Sorry, I can’t pay you overtime, but balancing their work and family sched- more single parents, more divorces—we in return for your long hours, you can ules. The Working Families Flexibility didn’t plan it that way, but it’s a re- take a vacation when it’s convenient Act will permit private sector employ- ality. We also have more seniors living for me, if I’m still in business.’’ ees to have the option of choosing paid longer, needing the care and love of Mr. Speaker, two-thirds of workers compensatory time in lieu of cash their children and grandchildren. The who earned overtime pay in 1994 had wages when they work overtime hours. Working Families Flexibility Act will family incomes of less than $40,000 per Employees of the Federal Government, permit working parents to bank comp year. They averaged wages of $10 or and of State and local governments, time, so that they can have time avail- less per hour and they relied on this have already had this opportunity for able to tend to a sick child, to go to a overtime pay to feed their children and years. special event for that child, like a support their families. For those work- As part of the House’s new crop of baseball game or dance recital, or to ers in particular, this bill could mean working mothers, I am proud to be a care for a fragile parent. If some of serious trouble. cosponsor of this legislation. It’s tough those workers prefer extra cash wages It not only enables the employers to to be a good worker and a good mother, for overtime, they can still choose decide whether or not to offer comp father, daughter or son. Millions and that. The point is that, under this leg- time but also provides no protections millions of us struggle with these com- islation, the choice will be theirs, not for when and how a worker can use peting demands every single day. This Washington’s. their comp time. bill will bring relief to working fami- Mr. Speaker, this is a chance to help In spite of proponents’ claims to the lies, especially working mothers and working families get a little more con- contrary, under this bill, workers have fathers who are bearing the brunt of trol over their lives by giving them very little choice. balancing work and family obligations. greater choices and more flexibility. Because Mr. Speaker, when your em- This legislation will amend overtime Let’s let them choose. ployer says ‘‘we’re doing things this rules for private sector employees that Mr. Speaker, I would like to once way now’’ you either go along or you were established in 1938, as part of the again emphasize that this is a modified get replaced. That is just the way it is Fair Labor Standards Act. It is impor- open rule, providing for fair consider- and anyone who says an employee can tant to note that the United States was ation of the important issues contained significantly change the work environ- a much different place in 1938—at that in this bill. I urge my colleagues to ment is fooling themselves. time, most women worked at home. support this open rule and the impor- This bill does nothing to prevent an Today, most women work both in their tant underlying legislation. employer from giving all or most over- homes and outside of the home, and Mr. Speaker, I reserve the balance of time work to an employee who is will- struggle to balance the time demands my time. ing to accept comp time and does not of work and family—particularly those Mr. MOAKLEY. Mr. Speaker, I thank need the overtime pay. of children. If an employee does take the comp We are trying to make the private my colleague from Utah, Ms. GREENE, time this bill does not give them the sector provide workers the same op- for yielding me the customary half right to use that time when they want tions that public employees have hour and I yield myself such time as I today. may consume. it. In fact, an employer could force an Many men are recognizing their duty Mr. Speaker, the concept behind this employee to use comp time whenever to be more than just a financial pro- bill is a good one. But the execution is the employer wants. vider and want to be able to spend im- terrible. And, to make matters even worse, if portant family time with their chil- What is good for public employees a company goes out of business or goes dren. should be good for private employees. bankrupt, employees left holding un- The Working Families Flexibility If public employees can take comp used comp time have no protections at Act seeks only to amend this one time, private employees should be able all. They worked overtime, they were anachronistic aspect of the Fair Labor to also. promised comp time, but under this Standards Act that is hampering But this bill basically means that bill, they could be left holding worth- America’s new generation of working employees can be forced to take paid less vouchers for comp time. families. time off rather than overtime pay, and By lowering the costs of scheduling Indeed, contrary to what this bill’s that is a significant problem. overtime, this bill will actually en- alarmist critics will say, the Working Because there is a big difference, Mr. courage employers to hire fewer em- Families Flexibility Act is humble in Speaker, between private employers ployees and work them longer hours. its ambition. It seeks only to give and the U.S. Government. I for one have not been deluged with working families an additional tool in For one thing, the Government is a letters and calls or telegrams from em- balancing work and family time. This nonprofit, it does not need to impress ployees clamoring for comp time, Mr. bill seeks only to equalize how public its stock holders with a good bottom Speaker. In fact, the Employment Pol- and private sector employees are treat- line, although it probably should, and icy Foundation—an employer-based ed with respect to comp time. it is not likely to go bankrupt anytime think-tank—estimates that 10 percent Mr. Speaker, I reserve the balance of soon. of employees who are already entitled my time. Furthermore, many Government em- to overtime pay do not receive it. That This legislation does not change the ployees work in white collar jobs and comes to $19 billion of overtime pay fundamental worker protections of the earn above average salaries, their sala- each year that American employees Fair Labor Standards Act. ries are probably adequate without should be getting already but are not. This legislation does not change the overtime pay. Mr. Speaker, let us take care of 40-hour work week for purposes of cal- So what is good for the goose is not American workers instead of taking culating overtime. necessarily good for the gander. away what few rights they have. H8564 CONGRESSIONAL RECORD — HOUSE July 26, 1996 I urge my colleagues to oppose this limit accrual to less than that if they comp time and I’ll decide when you can rule. decide to do that. Employers would take the comp time.’’ Is that the way Mr. Speaker, I reserve the balance of have to pay employees in cash wages this bill works? my time. for any unused accrued comp time at The chairman said that people were Ms. GREENE of Utah. Mr. Speaker, I the end of each year. demagoging here and absolutely mis- yield 4 minutes to the gentleman from Nothing in the legislation precludes representing it, and I think it can be Pennsylvania [Mr. GOODLING], chair- employees from changing their mind to misrepresented from both sides the man of the Committee on Economic choose cash wages instead of comp way I read this legislation. I want to do and Educational Opportunities. time or vice versa. what is right for my small business (Mr. GOODLING asked and was given people. b 1000 permission to revise and extend his re- Mr. MOAKLEY. Just stated the case marks.) Comp time can only be provided at as it is. Mr. GOODLING. Mr. Speaker, it is the request of the employee. So I think Mr. Speaker, I yield such time as he very difficult for me to understand how it is time to stop the nonsense of try- may consume to the gentleman from Members can stand in the well, face the ing to confuse the American people. Michigan [Mr. BONIOR]. American people and totally distort This is what the private sector wants Mr. BONIOR. Mr. Speaker, I just the facts. I cannot understand that. It because this is what the public sector wanted to follow up on my friend from does a disservice to them, it does a dis- has had and has enjoyed, and we should North Carolina and look at this from service to those of us who are serving give them that opportunity to make another dimension, the person who is our constituents. My committee has that choice. applying for a job. He or she goes to an responded to what the American people Mr. MOAKLEY. Mr. Speaker, I yield employer and tries to get a job, and the employer is interviewing that person said they wanted, once again. We have myself such time as I may consume. and suggests to them, or at least ask done that. My dear friend who just took a seat I them: The President took a poll, others think would have to realize that the employer has to agree with the em- ‘‘What would you prefer in your work took a poll and found out that 75 per- life here with us at this company: comp cent of the working families want to ployee when it comes to the comp time and when that time could be taken. time or overtime wages?’’ have a choice between comp time or Of course, the employer is going to Mr. HEFNER. Mr. Speaker, will the overtime. That is what we have given make their case that they would prefer them. They are protected from the gentleman yield for just a question? them to have comp time. They are word go. Only the employee makes Mr. MOAKLEY. I yield to the gen- going to be persuaded by that, or they that choice; no one can make them tleman from North Carolina. are not going to get the job. make that choice. Mr. HEFNER. Mr. Speaker, as some- They hold all the leverage, they hold We have stagnation in wages and one who is not a businessman, and I all the power in that situation, and benefits now, not because of something have not been inundated with requests that is why this bill is bad. of this nature but because there is an on this, but if I am working 30 or 40 The idea of flextime is a good idea, economy that is not growing. The Fed- people in my plant, and they were try- but this is not flextime, this is comp eral, State and local governments now ing to make a living on, in a lot of time, and comp time means they lose have comp time, have had it for years. cases, very low wages and the employer overtime wages and pay, and that is We here on this floor want to say, well, says, ‘‘Hey, we’ve got a deal here for what is wrong with this bill. it is fine for our employees but we do you. You can either get overtime or Mr. MOAKLEY. Mr. Speaker, I yield not want the private sector to have the you can get comp time, and I would 2 minutes to the gentlewoman from same opportunities that our employees suggest that comp time might be bet- Colorado [Mrs. SCHROEDER]. have. ter for you,’’ and if the guy does not Mrs. SCHROEDER. Mr. Speaker, I We have crafted it in such a manner, really understand what is happening to thank the gentleman from Massachu- realizing that there is a difference be- him, he is going to pretty much have a setts for yielding me this time. tween the private sector and the public tendency to go along with the em- Mr. Speaker, I think what we have sector, to make very sure that it is the ployer. just heard in this colloquy is why we employee who makes that choice. It is Would that be a logical conclusion? ought to vote against this rule and get the employee who may change their Mr. MOAKLEY. I would say also the this bill out of here. We hear about cruel and unusual mind, and they have the opportunity to employer would tend to give the extra punishment, but this is going to be change their mind and take the money time to the fellow who takes comp time rather than the overtime, so if cruel and outrageous legislation be- rather than take the comp time. It is cause it is made to sound so wonderful you say, ‘‘I want overtime,’’ they prob- the employee who makes every deter- and soft, but let me tell my colleagues, ably will not be designated as the fel- mination in relationship to whether or every employer in America will be low who is going to work. not they take comp time. really stupid if, when someone came to Mr. HEFNER. If the gentleman will First of all, it is totally incorrect to get a job, they did not say, ‘‘And by the continue to yield, I remember back the say that it has any effect whatsoever way, when we have overtime, wouldn’t on a 40-hour work week. It does not in first job I ever had I was a young guy you like to sign this little form saying relationship to the calculation for just out of school and I got a job for $18 that you really don’t want to be paid overtime. This is what the legislation a week, and I had some senior guys for it, you’ll just take comp time?’’ does. that were working in the place who And then, of course, the whole thing If the employee chooses comp time were married and had families, and I is that they only get the comp time over cash wages, there must be an ex- went to the employer and I said ‘‘Hey, when the employer says they can have press mutual agreement in writing or I do the same work as these people do the comp time. some verifiable statement between the except I do delivery work, I cut glass, Well, now, let us assume that things employer and the employee. Employees I throw pipe, I need to get a little bit are so tough that the employer has to would not be able to pressure or force more money, why can’t I get a little hire a few people who will not sign employees to choose comp time. bit more money?’’ ‘‘Because you’re not that. Well, what is he going to do when Someone said, what if they go bank- married and you don’t need the it comes time to hand out overtime? If rupt the same as any other company money,’’ and the employer, do my col- they did not sign it, they are never now goes bankrupt? But in this case, leagues know what, he was right, and I going to get it. they are first in line if a company goes did not get any more money. So this is really terribly disruptive. bankrupt to claim anything from the But if I were working 20 or 30 em- We keep pretending like employees assets of that company. ployees and the employer comes in and have exactly the same leverage that Employees would only be able to ac- say, ‘‘OK, folks, here’s the deal. You Michael Jordan does when he is out ne- crue a maximum of 240 hours of comp can get, if you’re going to work 48 gotiating with his employer, and any- time within a 12-month period; but em- hours this week, we’ll give you some one who has been in an employee situa- ployers and employees could agree to a overtime, but the best deal for you is tion knows that is not true. And so July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8565 what we are really doing is tilting the that, this bill would simply allow [Mr. BALLENGER] to respond to the gen- scale 100 percent in favor of the em- workers to choose, by agreement with tleman. ployer, and we are really going to end the employer, to receive time-and-a- Mr. BALLENGER. They can go to up cutting the pay, because so many half comp time instead of wages. Work- court on their own or they could go to families depend on this extra money ers in the public sector, State, local, the Secretary of Labor, who is not a that they get, and if they do end up Federal employees, have had the option friend of business, and he will do it for having the comp time, they are not of taking comp time for many years, them to enforce that law. going to get the comp time when they and many union members do, too. Mr. HEFNER. I am just curious how need it to go to the child’s school or The bill extends this option to pri- many people would have on their own anything else. They get the comp time vate sector, un-unionized private sec- the resources to go to court and how whenever the employer says they can tor as well. Surveys have shown that many people on their own would know take it, and that is no deal at all. there is strong support among hourly where to go to go to the Secretary of So I really hope that we should strip employees for having this option. Obvi- Labor. off the name ‘‘family friendly.’’ ously not every employer will use it, Mr. BALLENGER. That is the reason I hope many Members in this body but it will fill in a need for many work- the Department of Labor is involved; who have small companies that, as em- ers. By allowing the employees to take to give them the authority does not ployers, will benefit by this legislation comp time, they can bank extra hours cost anything. The gentleman’s labor will not vote on this legislation. I at the time-and-a-half rate and use leader Mr. Reich, I am sure, would be think it is a conflict of interest, and I that time for extra vacation time, per- happy to do it. think we ought to be talking about sonal leave or whatever they want. Mr. HEFNER. I have an idea that 90 whether people who have companies As I mentioned, the public sector and percent of the people in our district in that might be able to do this should be many unions have the option of using North Carolina do not have any idea even able to vote on this legislation. comp time now. We would extend that who Mr. Reich is. I just think this is Do not call it ‘‘family friendly.’’ Vote to the rest of the private sector. not a very good deal for the average ‘‘no.’’ Get it out of here. This is ridicu- I started out with simply using the working folks in the country. lous, and this is the ‘‘employer reward’’ same language that is in the law for Mr. BONIOR. Mr. Speaker, I do not bill. the public sector and applying it to the know who my friends on the other side Ms. GREENE of Utah. Mr. Speaker, I private sector. Then Democrats started of the aisle think they are fooling yield 30 seconds to the gentleman from raising issues that frankly have not today with this bill. Pennsylvania [Mr. GOODLING] to cor- been problems in the public sector, and As my colleagues know, over the past rect some misperceptions about the I doubt it would be in the private sec- 20 months the Republicans in this legislation. tor. But in order to help sell the bill, House have voted to cut Medicare, cut Mr. GOODLING. Again, Mr. Speaker, we made several changes that give pri- Medicaid, cut student loans, close nurs- another total distortion of the facts. If vate sector employees more protec- ing homes, raid pension funds, block an employee is coerced in our legisla- tions against coercion and taking comp health care reform, weaken health and tion, they can collect double overtime time or taking advantage of it if they safety laws, but labor laws, weaken the and attorney fees, and the Secretary of do take comp time. We specified that right to organize, block an increase in Labor can do it for them, they do not the employee must choose comp time the minimum wage and eliminate the even have to do it themselves, and they voluntarily, and it indicates so in writ- minimum wage altogether for literally can always cash out their comp time if ing. We have said that the employee millions of Americans. Yet today they they want, and this does not happen to that takes comp time but then changes come to the floor and they try to con- be some outrageous Republican pro- his or her mind for whatever reason vince us that they are the champions and wants cash, the employer has to posal. The President of the United of working men and women. cash out the employee’s accrued comp States, who is not a Republican, has in- Now, I swear, if shamelessness were time within 30 days of the request. We dicated that he supports this kind of an Olympic event, the Gingrich Repub- put in protections against coercion and legislation. licans would take the gold. special, specific penalties for employ- Ms. GREENE of Utah. Mr. Speaker, I We all know that this bill is not ers who coerce employees into taking yield 3 minutes to the gentleman from about compensation, it is not about comp time. We specify that the em- North Carolina [Mr. BALLENGER]. flexibility, and it is certainly not about Mr. BALLENGER. Mr. Speaker, as ployee may take comp time whenever helping working families. It is about he or she wishes as long as he or she my colleagues know, while our Olym- cutting people’s pay. It is about chang- gives reasonable notice to the em- pic athletes may start their day with a ing the law so the employers no longer ployer and takes the leave that does bowl of Wheaties, our Democrat col- have to pay overtime wages for over- not disrupt the employer’s operation. time work. leagues started the day by trying to We have said to the employer that he This bill takes away the only real serve up a bowl full of balderdash has to cash out all the unused comp raise most people have seen for the sprinkled with horse feathers. That is time at the end of the year and show it. past 20 years and have earned with what we are trying to spoon out during I think we have accommodated every their own sweat and hard work. their speeches on comp time: Distor- reasonable concern and some that were We live in a country today where 80 tions, prevarications, and untruths. not so reasonable. This is really a simple bill designed Mr. MOAKLEY. Mr. Speaker, I yield percent of our families have not seen a to give hourly employees the oppor- 5 minutes to the gentleman from raise since 1979, and, according to the tunity to have more flexibility in their Michigan [Mr. BONIOR], the minority Wall Street Journal, we also live in a work schedule so that, for example, whip. country where violations of overtime they can better meet the needs of their Mr. HEFNER. Mr. Speaker, will the laws are so common that one study working family. gentleman yield? found that workers are getting cheated The bill allows an employee, when Mr. BONIOR. I yield to the gen- on $19 billion each year. Yet this bill the employer agrees, they have to tleman from North Carolina. takes away the overtime cops off the agree together, to take overtime pay in Mr. HEFNER. Mr. Speaker, I just beat; it completely wipes out the law the form of comp time rather than cash want to ask my colleague from North that says they have to pay time-and-a wages. Carolina. They made the point that if half for overtime work. The bill does not, I repeat, does not they are coerced or they have a prob- We are all for flextime because flex- affect the change in the 40-hour work- lem, that they have remedies for this, time allows us to arrange our schedules week. Some of the unions are sending and all I wanted to ask was where to spend more time with our families. letters, phone calls, saying that it does would they go to make their complaint But that is not what comp time is. affect the work week. Under this bill, a and who would decide if it was coercion Comp time is a pay cut, pure and sim- worker would still earn overtime in the or whatever? ple. If this bill becomes law, a single very same way he or she does by now, Mr. BONIOR. Mr. Speaker, I yield to mom who puts in 47 hours a week earns by working 40 hours in a 7-day week. In the gentleman from North Carolina five bucks an hour, will lose 50 bucks a H8566 CONGRESSIONAL RECORD — HOUSE July 26, 1996 week. Someone who works in a factory, Mr. Speaker, this is 1996. We are near cation you may earn? This needs to be works the same amount of time, $10 an the start of a new century. It is time addressed. Comp time should be treated hour, he or she will lose $110 a week. for American labor law to catch up just like any other wages in bank- That is about a 22-percent cut in their from the conditions and perspectives of ruptcy. This bill does not touch that. It pay. the 1930’s that helped shape landmark should be at the same level in bank- No wonder this is called the comp laws like the Fair Labor Standards ruptcy filings, so comp time is the time bill: because if this becomes law, Act. No matter how well-intentioned same as lost wages in bankruptcy. This workers are going to need comp time their creation, labor laws today simply proposal does not ensure that the full to find a second job to make up for the must be reformed to reflect the chang- remedies available to employees for money they lost in overtime pay. ing nature of the modern workplace. violation of the overtime law are avail- Why do you think that so many peo- Over the past 25 years, the American able where the employer violates the ple are working overtime today? Be- economy has rapidly expanded. Com- law. Strong civil fines should be estab- cause they like working long hours? petition has increased, and more lished where employers who operate No; it is because they need the money women are working today than ever be- comp time programs violate the law and it is because wages have been stag- fore. As a result, employees are looking and coerce employees. Instead of this nant and they need the work, and they for support and fairness as they strug- flawed Republican proposal, we should work hard for that. gle to balance family needs and job re- work on a bipartisan proposal giving So do not come to the floor and tell sponsibilities. by freeing workers and employees real flex time. I urge defeat us that this bill is meant to help fami- their employers from the arcane 1930’s of the rule, Mr. Speaker. lies spend more time with their fami- standards, H.R. 2391 recognizes that a Ms. GREENE of Utah. Mr. Speaker, I lies. Because if Republicans are really productive workplace can be achieved yield 3 minutes to the gentleman from concerned about helping people spend while also giving employees the flexi- Pennsylvania [Mr. WELDON]. time with their families, they would bility to care for their families, creat- (Mr. WELDON of Pennsylvania asked not have opposed the medical and fam- ing a more family-friendly work envi- and was given permission to revise and ily leave law. It supporters of this bill ronment and making it easier for the extend his remarks.) really wanted to help families, why do households where both parents work. Mr. WELDON of Pennsylvania. Mr. they give employers instead of the em- Allowing comp time is a good step to- Speaker, I had not intended on speak- ployees power to decide when and if ward revamping Depression-era labor ing on this particular issue today but comp time can be taken? laws. This bill is a winner for employ- sitting back in my office listening to No wonder that 66 percent of working ers, employees, and families alike. The some of my colleagues speak, I had to men and women say they fear that em- big union bosses and my colleagues on come over here and I had to say a few ployers will use this law to avoid over- the other side should put the American words. As a Republican who supports time pay. No wonder nearly 7 in 10 worker first and stop playing paternal- labor a good deal of the time, as a Re- working people prefer overtime pay to istic big brother. American workers are publican who voted against NAFTA, forced comp time. perfectly capable of deciding whether who voted for the antistrikebreaker they want to be paid for their overtime bill, who cosponsored the family medi- b 1015 service in dollars or in comp time. In cal leave bill, I have got to respond to This bill does not give employees this day and age, to many families, some of the assertions made by my col- more control over their lives, it gives time is more valuable than dollars. I leagues on this side about what Repub- employers control over the lives of the urge support for this important pro- licans have done to working people in people who work for them. Working family legislation and a vote for this America. people all over this country today are very fair rule. It was Bill Clinton who jammed working hard, they are working longer Mr. MOAKLEY. Mr. Speaker, I yield NAFTA down the throats of this coun- hours just to make ends meet, and we 2 minutes to the gentleman from try. It was Bill Clinton who told us the should not take away the one sure path Texas, Mr. GENE GREEN. side agreements were going to raise up they have toward earning a better liv- Mr. GENE GREEN of Texas. Mr. the working conditions and the envi- ing for their families. Vote ‘‘no’’ on Speaker, I thank my colleague from ronmental laws in Mexico. this rule. Vote ‘‘no’’ on the bill. Massachusetts for yielding me this Where are those side agreements, Mr. Ms. GREENE of Utah. Mr. Speaker, I time. Speaker? And to all those rank-and-file yield 3 minutes to the gentlewoman Mr. Speaker, I serve on the Commit- workers out there, you ask your union from Ohio [Ms. PRYCE], my colleague tee on Economic and Educational Op- leaders, what has this President done on the Rules Committee. portunities where this bill originated. I to enforce those side agreements? Zero, Ms. PRYCE. Mr. Speaker, I thank my have expressed it during the committee zilch, nada. The jobs are going south. friend from Utah for yielding me this that I like the idea of workers choosing It was Bill Clinton, Mr. Speaker, who time. I rise to express my strong sup- between earning overtime and comp said he was for the antistrikebreaker port for this rule and for the Working time as long as it is the total choice of bill which I voted for. But, Mr. Speak- Families Flexibility Act. the employee with teeth to prevent the er, tell the workers of this country First, this is a fair rule. The modest coercion. This bill does not protect that it was Bill Clinton who would not conditions outlined in the rule will en- that employee choice. National polls lobby one of his two Senators from Ar- sure that Members have the oppor- show that an overwhelming number of kansas to vote for cloture when it only tunity to review all germane amend- workers expect to be forced by their needed one vote, because the votes ments prior to their consideration. employer to accept comp time instead were there to pass it, but he would not Second, as a cosponsor of the bill, I of overtime. But the central issue here use his ability to get one of the Sen- support restoring some flexibility to is clear, it is either employee choice or ators from Arkansas to vote to invoke the American workplace. Today more employer mandate. That is the concern cloture so that bill could become law, than ever before in the history of about the bill. That is why the bill is and I voted for it. Where is the outrage America, both parents of a family find flawed. H.R. 2391 does not contain a there? themselves in the workplace. As this strong provision to prevent the em- And, Mr. Speaker, where is the out- percentage steadily grows, employers ployer from forcing workers to accept rage on the other side at those 1 mil- find that current law hampers their time off in lieu of overtime pay. In my lion UAW workers, those 1 million ma- ability to provide workers the flexibil- district many people have to have over- chinists, those 1 million electrical ity that they want and need to balance time pay just to make ends meet. In workers who have lost their jobs in de- family and work interests. H.R. 2391, employers maintain the con- fense plants all across this country be- H.R. 2391 would restore flexibility by trol when to grant that comp time re- cause of Bill Clinton’s cuts? simply allowing overtime compensa- gardless of the amount of notice that Where is the outrage from the union tion to be given in the form of comp the employee gives. What good is it to leaders and from this side of the aisle time off, and only if the employee earn comp time if your employer on those losses? There has been total wants this form of compensation. makes you use that instead of your va- silence on those issues. And they have July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8567 the gall to come to this floor and say throwing every member of their family who treat their employees with kind- that somehow a bill that allows work- into the work force, Americans, work- ness and respect are paid back with ers the ability to decide whether they ing families, are falling further and loyalty and a commitment to do the want some time off when they volun- further behind. very best job possible. tarily have agreed to it is hurting What was the response of this Repub- Under current law, private sector em- labor. I am outraged and disgusted by lican-led Congress? Stall the minimum ployees are prohibited from allowing what I hear on this side as someone wage. Eighty percent of the American employees to take compensatory time who supports labor and supports work- public wants to see an increase in the off for overtime. The Fair Labor Stand- ing people. minimum wage. They say that 90 cents ards Act, originally enacted in the Mr. Speaker, I say get real. I say this is too much, because they make over 1930’s when most women did not work is solid legislation that we should all $133,000 a year, but we cannot have the outside the home, requires that em- get behind. And as a prolabor Repub- minimum wage increase. ployees be paid at the rate of 11⁄2 times lican I am going to vote for it, and I Now what they want to do is to cut the regular rate for any time worked am going to challenge my colleagues people’s overtime and to cut their pay over 40 hours per week. on that side to match their actions to at the same time as holding up a mini- This bill permits employers to offer their rhetoric. They have not stood by mum wage increase. Let me say in that their employees a choice: They can labor on NAFTA, they have not stood delaying tactic on the minimum wage, continue to be paid for overtime, or by labor on antistrikebreaker, they in my State of Connecticut $4.8 million they can elect to take compensatory has been lost to workers in wages. Un- have not stood by labor on the millions time off at the rate of 11⁄2 hours for of jobs that have been lost in defense derstand what this legislation is about: each hour of overtime. contract cutbacks by this President an assault on working families. b 1030 and this administration. We have a fair Mr. Speaker, today Republicans will and an ideal dialog that benefits work- continue their assault on working fam- Mr. Speaker, it is important to em- ing people in this country, instead of ilies. I am a Member of this body who phasize that the choice is exclusively the Beltway labor leaders that are to- voted against the NAFTA agreement. that of the employee, not the em- tally in bed with the Democratic Con- Middle-income families, understand ployer, and there are many protections gressional Campaign Committee, who that, will be hit the hardest because in the bill for employees in the event overtime pay is a much larger percent- have placed $35 million running ads on they do work for an unscrupulous em- age of their income. In 1994, two-thirds every TV station in America, with ployer. I believe we all can agree that of the workers who earned overtime none of those ads against right-to-work the demands of family and work today pay had a total family income of Democrats. We have right-to-work are difficult to balance. We have Mem- $40,000. Democrats with zero voting records bers of this body continually calling This is a repeal of the 40-hour wage for more family friendly hours. Why and there is not one dime of that week. I urge my colleagues, vote should our constituents not be able to money going against any of them. against this bill. choose to take a Wednesday afternoon Why? Not because the rank-and-file Ms. GREENE of Utah. Mr. Speaker, I labor workers disagree but because the yield 3 minutes to the gentlewoman off rather than getting an extra hour’s pay if they want to? We all know that leadership in Washington has targeted from Kansas [Mrs. MEYERS], the chair- all of that money against Republicans. man of the Committee on Small Busi- spending a few hours with our children That is the outrage I feel and I am ness. can sometimes be worth more than going to lead the effort to have this bill Mrs. MEYERS of Kansas. I thank the money. become law. gentlewoman for yielding me the time. Let us give American workers, our Mr. MOAKLEY. Mr. Speaker, I yield Mr. Speaker, I rise in support of the constituents, just a choice. That is 21⁄2 minutes to the gentlewoman from rule on this important legislation. I what we are asking, is a choice. Sup- Connecticut [Ms. DELAURO]. hope all of my colleagues will support port this rule and this much needed Ms. DELAURO. Mr. Speaker, my col- the rule and vote for the bill. change in the Fair Labor Standards league can be outraged but the fact of I have here some responses to the Act. the matter is that with this piece of concerns that have been expressed this RESPONSES TO ARGUMENTS AGAINST THE legislation, this is a repeal of the 40- morning, and I will enter them into the WORKING FAMILIES FLEXIBILITY ACT hour workweek. Make no mistake RECORD at the conclusion of my re- (Page references refer to substitute to be about it. It is a reward to the rich spe- marks. offered by Representative Ballenger) cial interests. That is what this piece Mr. Speaker, this is a good piece of Opposition: Employers will pressure or of legislation is about. legislation. It is a commonsense solu- force employees to be compensated for over- Wages for working Americans in this tion to a problem which faces today’s time in comp time instead of cash wages. country have been stagnant for too workers, and that is how to balance the Response: The choice to take overtime pay long, and what this bill will do is to cut time that must be spent working and in the form of comp time must be requested by the employee in a written or otherwise workers’ incomes by billions of dollars. the amount of time available for fam- That is right, billions of dollars. This verifiable statement (Page 2, lines 11–17). ily matters, personal responsibilities, H.R. 2391 specifically prohibits employers bill makes radical changes in our Na- recreation and leisure. from ‘‘directly or indirectly’’ threatening, tion’s laws. But, unfortunately, once again the intimidating, or coercing an employee into Under the bill, the employer can opponents of change are misrepresent- choosing comp time in lieu of cash wages deny an employee overtime pay and ing the intentions as well as the effects (Page 3, lines 10–18). Employers violating can coerce the worker into taking time of this legislation. I continue to be this would be liable to the employee for dou- off. The burden of proof is on the work- amazed by some who believe that all ble time in cash wages for the unused comp er to find that memo, which will be employers are bad people who are al- time hours accrued by the employee (Page 7, nonexistent, that says they intended to lines 8–16). ways looking for ways to cheat their Opposition: Employees do not have control cut their wages. They are never going employees. of when to use their comp time. Employers to find that memo. It will be a silent As chairman of the Committee on will force employees to use their accrued action. Small Business, and the impact of this comp time when it’s convenient for the em- It can deprive working families of is going to be great on small business, ployer. the change to earn overtime. Today I have worked with many small and Response: H.R. 2391 prohibits an employer that is one of the very few tools that some large businesses. I know firsthand from coercing, threatening, or intimidating working Americans have in their strug- that most employers have a deep and an employee to use any accrued comp time gle to keep their families together in genuine concern about the people who (Page 3, line 19–20). our current economy. The Bureau of The employee may use accrued comp time work for them, and they want to do ev- at any time he or she requests, if the use is Labor Statistics says that average erything they can to satisfy their em- within a reasonable period of time after the hourly pay has fallen by 11 percent ployees’ needs. request and the use does not unduly disrupt over the past 17 years, and despite Why? Because they have learned that the operations of the employer (Page 6, lines working longer and longer hours and this concern is reciprocal. Employers 15–23). The ‘‘unduly disrupt’’ standard has H8568 CONGRESSIONAL RECORD — HOUSE July 26, 1996 been part of the law for the public sector for Labor can prescribe what kinds of records of time bank’’ records, the bill provides that many years. It has been defined in regula- employee agreement must be maintained. when accrued comp time is used or cashed tions by the Department of Labor as more Opposition: Employees will be able to ac- out, it is used or cashed out at the employ- than ‘‘inconvenience’’ to the employer. crue too many hours of comp time which ee’s current rate of pay, or the average pay Under the regulations for the public sector, they may not be able to take. during the period of time the comp time was the employer has to be able to show that the Response: Employees can only accrue 240 accrued, whichever is higher. Thus the comp leave would cause an ‘‘unreasonable burden hours of comp time in a 12 month period time will cost the employer at least as much on the agency’s ability to provide services of (Page 3, lines 21–21). Employees may at any or more when it used or cashed out than acceptable quality and quantity to the pub- time make a written request to receive cash when it was earned. lic.’’ for their accrued comp time and the em- Opposition: H.R. 2391 weakens the overtime The courts have also made clear that the ployer must pay the employee within 30 days protections for employees, which are already ‘‘unduly disrupt’’ standard does not permit (Page 4, lines 13–18). too weak. (citing Wall Street Journal arti- an employer to unilaterally schedule use of Employers would be required to annually cle, Monday, June 24, 1996, quoting the ‘‘em- comp time by employees. Heaton versus Mis- cash out employees’ accrued comp time ployer funded’’ Employment Policy Founda- souri Dept. of Corrections 43 F 3d 1176 (8th (Page 3, lines 24 through page 4, line 8). tion estimates that ‘‘fully 10% of the work- Cir, 1994). Opposition: Comp time should be counted ers entitled to overtime are cheated out of In addition, the same standard—unduly as ‘‘hours worked’’ for the purposes of cal- it’’). disrupt the operations of the employer—is culating overtime. For example, an em- Response: H.R. 2391 does not in any way used in the Family Medical Leave with re- ployee could take Monday as a comp day and weaken the overtime obligation of employ- gard to the scheduling of leave to attend to the employer could require the employee to ers. It simply allows employees and employ- foreseeable medical treatment. work 40 hours Tuesday through Saturday, ers to agree that overtime compensation will An employer who threatens, intimidates, without having to pay overtime. Thus, the be taken in the form of compensatory time. or coerces an employee into using accrued employee didn’t really get a ‘‘day off.’’ The bill includes provisions to insure that comp time would be liable to the employees Response: The standard for calculating employee’s rights are protected (employee for cash wages for the comp time which the ‘‘hours worked’’ has been in place under the protections): employee was forced to take (Page 7, line 8– Fair Labor Standards Act since the 1930s. Requires that comp time may only be 16). The only house which may be counted in the given mutual agreement of the employer and Opposition: Employees won’t be able to calculation of overtime pay are hours which employee. change their mind and choose wages once the employee has actually worked. Comp Requires that employee’s agreement to they’ve chosen comp time. time would fall under the same category as take comp time be ‘‘knowing and vol- Response: Nothing in the bill precludes em- annual leave, sick leave and leave under the untary.’’ ployees from changing their mind to choos- Family and Medical Leave Act and more of Prohibits employer from making accept- ing cash wages instead of comp time or vice which are considered ‘‘hours worked’’ under ance of comp time a condition of employ- versa. Comp time can only be provided at the the FLSA. Comp time in the public sector ment. request of the employee. has not been considered ‘‘hours worked.’’ Requires agreement, affirmed in writing or Employees can make a request in writing, Opposition: Employees will accumulate otherwise verifiable form, by employee to at any time, to be paid cash wages for their comp time and then an employer will go out take comp time. accrued comp time. Employers must comply of business, thus never having to pay the em- Prohibits employer from directly or indi- within 30 days (Page 4, lines 13–18). ployees for their overtime. rectly coercing or threatening, or attempt- Comp time must be cashed out at the high- Response: Unused comp time would be con- ing to coerce, and employee into taking est rate paid to the employee during the sidered ‘‘wages owed to an employee’’ for the comp time or using accrued comp time. time period in which the comp time was ac- purposes of enforcement (Page 6, line 11–14). Requires annual cash out of accrued comp crued or at the employee’s current rate, Wages are protected under bankruptcy code time. whichever is higher. Thus, there is no finan- as a priority for payment, thus comp time Requires cash out of accrued comp time be cial benefit to an employer to delay payment would be in the same category. at employee’s current rate of pay or average for accrued comp time. Opposition: Employers should be required rate during time it was accrued, whichever is Opposition: Comp time should only be to pay employees cash for overtime hours higher. available to employers who provide a certain worked past a certain number of hours (e.g. Allows employee to cash out accrued comp number of sick leave and annual leave to 50) in a work week, no matter what the em- time at any time with 30 days notice to em- their employees. Otherwise, employers will ployee wishes. ployer. eliminate or reduce paid sick and/or annual Response: If employees have to work exces- Requires cash out of accrued comp time leave and offer comp time instead. sive overtime, they can always choose cash upon termination of employment. Response: Employees must request comp wages over comp time if they do not think Specifies that unused comp time is treated time. Allowing employees to receive comp they will be able to use their accrued comp as unpaid wages for purposes of enforcement time has not had the effect of eliminating time. Likewise, employees have the right to and collection. other leave for public employees. Employers request in writing payment for accrued comp Allows employee to use comp time when- are not now required to provide employees a time. ever he or she pleases, unless use ‘‘unduly certain number of days as paid sick leave Opposition: H.R. 2391 does not protect em- disrupts’’ operations of the employer. and/or annual leave; the fact that employees ployee’s claim to unemployment benefits if Provides penalty for illegal coercion of em- may receive comp time for overtime worked they cash out accrued comp time. ployee with regard to choosing or using does not change the situation. Response: H.R. 2391 requires the employer comp time. Opposition: Employees who work at sea- to ‘‘cash out’’ all accrued comp time upon The estimates of unpaid overtime in the sonal industries or short-term employment termination of employment (page 5, lines 12– Wall Street Journal article of June 22 in- will not be able to use comp time before 23). Depending upon state laws, such pay- cluded, as the article itself said, those em- their term of employment is over. ments might reduce the initial week or ployees not paid overtime because the em- Response: The bill gives all employees the weeks’ unemployment benefits but those ployer believes they are exempt or the em- option to choose comp time, if their em- benefits are deferred not lost for the em- ployer can’t figure out the complicated fed- ployer offers it. There is no reason to deny ployee. In other words, the employee would eral rules and so ‘takes a chance’ by ignoring the option to comp time for part-time, sea- be eligible for the same amount of unem- them. The confusing and ambiguous rules sonal, or ‘‘low wage workers.’’ Low wage ployment benefits whether or not he or she about who is exempt and who is non-exempt workers are often in families where both par- receives ‘‘cashed out’’ comp time. is an issue which Republicans have sought to ents work, and thus may particularly desire Opposition: Comp time is cheaper for em- address and will continue to seek to address the flexibility of comp time. Similarly, sea- ployers than paying cash wages for overtime, in other legislation. But, H.R. 2391 does not sonal workers may want to use comp time in and therefore employers will (1) force em- affect that issue, nor does it change or weak- order to ‘‘even out’’ fluctuations in income. ployees to take comp time, and (2) increase en the overtime obligation. It establishes the Opposition: Enforcement of the law will be overtime and hire fewer employees. option for employers and employees where difficult if employers who offer comp time Response: First of all, the employee choos- overtime is paid. don’t have a written policy available to em- es whether or not to take comp time over Opposition: Despite Democratic efforts to ployees. cash overtime, and the bill protects the em- work out an acceptable comp time bill, the Response: An agreement by an employee to ployee’s right to make that choice free of co- Republicans have refused to make changes. receive comp time must be in writing or ercion from the employer. The bill also pro- Response: It is true that supporters of some other form of verifiable statement by tects the employee’s right to choose when to comp time met and attempted to negotiate the employee as defined by the Department use comp time, subject only to the safeguard the details of a comp time bill with Mr. Clay, of Labor (Page 2, lines 11–17). The reason for that doing so does not ‘‘unduly disrupt’’ the the Ranking Member of the Committee. allowing agreements in other than written employer’s operations. Those discussions were broken off by Mr. instruments is that many companies main- Comp time is not generally cheaper for the Clay’s staff in late May (after the bill was tain payroll records or computer or other employer than cash overtime. Besides the temporarily considered as the vehicle to electronic means. However, the Secretary of administrative costs of keeping the ‘‘comp allow a vote on the minimum wage). We have July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8569 in fact made many, many changes to the bill (Mr. ANDREWS asked and was given their children but for the emotional since it was introduced, mostly to address permission to revise and extend his re- well-being of their children. concerns which the Democrats have raised, marks.) In addition, Mr. Speaker, this is not and many of some of which were taken di- Mr. ANDREWS. Mr. Speaker, I thank just about time off to help children. rectly from suggestions made by Democratic witnesses during Subcommittee hearings on the gentleman from Massachusetts for That is critical and it is important. the bill. yielding me the time. But it is also about time to care for Following some of the changes which have Mr. Speaker, I oppose the bill and I aging parents. It is about time to go been made to H.R. 2391 to address opponents frankly oppose the rule because there back to school to get some additional concerns: are some unanswered questions about skills. And most important, it is about 1. Clarify that the provisions providing for this legislation that we are rushing to letting workers choose whether they individual agreements apply only where em- judgment and ignoring. want additional time off or additional ployees are not represented by a collective The first question is, How do we as- bargaining agent. pay. 2. Require that employee’s agreement on sure that it is truly voluntary for the Mr. Speaker, I yield 1 minute to the comp time be affirmed in a written or other- man or woman who chooses comp time gentleman from North Carolina [Mr. wise verifiable statement. over cash? This bill, I do not think, BALLENGER]. 3. Provide that agreement to take comp provides for that. It says to an em- Mr. BALLENGER. Mr. Speaker, I am time in the private sector may not be a con- ployee who feels that he or she has sorry to see the gentleman from New dition of employment. been coerced into this choice that they Jersey has left because he raised the 4. Prohibit employer coercion of employees for purposes of (1) interfering with employee must meet an unmeetable burden of question of willful being one of the right to request or not the request, or (2) re- proof. They must prove that the em- proving points for the employee. We quiring any employee to use comp time. ployer intended to deny them that recognize that problem and we changed 5. Require annual ‘‘cash outs’’ of accrued choice. I would submit to you that it. We removed the word ‘‘willful’’ in comp time. there will be very few employees any- our bill. 6. Allow employee to ‘‘cash out’’ accrued where who will be able to meet that For those people that are not sure comp time at any time. burden of proof it is not truly vol- what changes we have made in the de- 7. Establish a new remedy under the Fair Labor Standards Act for employers who co- untary. scription of the bill here on the report, erce, or attempt to coerce, an employee into Second, Mr. Speaker, what happens we have in there the changes that we taking or using comp time. to buy-back provisions? What happens made at the request of the Democrats The following additional changes are in- if the employer owes you hours and on the committee. cluded in a Manager’s amendment to be of- hours of comp time and then goes out Also, again I would like to say as far fered to be the bill. of business and does not have the cash as bankruptcies are concerned, the Require employers to provide 30 days no- to pay you back the cash value of the first claim that will be applied against tice before terminating policy of allowing comp time. comp time? Unanswered question. We any assets of any bankrupt company Require employers to provide 30 days no- hear from our friends on the other side are wages and these are classified; that tice before cashing out accrued comp time, that well, this works in the public sec- is, in the same manner as wages and and allowing such cash out only for time in tor so it will work here in the private will have first choice on any money excess of 80 hours. sector. There is a difference. The first that is left in that bankrupt company. Provide that employer coercion of an em- difference is that most public sector Mr. MOAKLEY. Mr. Speaker, I yield ployee may be actionable even if not willful. Clarify that an employee may withdraw employees are protected by civil serv- 3 minutes to the gentleman from Mary- from an agreement in which he or she has re- ice protections. If you believe that the land [Mr. WYNN]. quested comp time at any time. employer in the public sector is coerc- (Mr. WYNN asked and was given per- Opposition: The bill limits the remedies ing you, you have a hearing, you have mission to revise and extend his re- available for unpaid comp time by only al- the ability to process a grievance. Most marks.) lowing private lawsuits for redress, as com- private sector employees do not have Mr. WYNN. Mr. Speaker, let us be pared to unpaid overtime under current law, such a right, and except for this one, straight about this, ladies and gentle- which allows both private suits and enforce- most governments are not on the verge men. Comp time is not flex time. If em- ment actions by DOL, as well as criminal ployers want to give employees all charges. of going out of business because of Response: As the Committee report makes bankruptcy. So I would suggest to you these benefits and all these opportuni- clear, the intent of the legislation is that all there is a very important difference ties to care for children and loved ones, current remedies for violating the FLSA there. they can do it now. It is called flex apply, and in addition, a new remedy for ‘‘co- Finally, this is really, with all due time. Come in early, leave early, come ercion’’ in connection with choosing or using respect, citizen Dole’s rush to close the in late, leave late. That is possible. comp time is created. This intent will be fur- gender gap. That is what this is really This is comp time and this denies ther clarified in the manager’s amendment. people basic income. I do not want to Opposition: Comp time does not truly be- all about. I would suggest to you if the long to the employer because under the bill majority wants to speak to working hear that oh, well, they can go to court an employer may deny an employee’s use of women in America, let us talk about and we lowered the legal standard. The comp time by paying off the accrued comp expanding the family medical leave fact of the matter is minimum wage time hours. that most Members opposed. Let us workers are not going into anybody’s Response: First of all, this is certainly an talk about getting health insurance for court. They are not going down the ironic objection to the bill: Democrats who all working women, which most of the street to see Robert Reich to talk oppose comp time and want to keep the sta- about a labor violation. Those remedies tus quo that only allows cash overtime pay- Members had very few ideas about. ments object to a provision that allows em- Ms. GREENE of Utah. Mr. Speaker, I are not practicable. ployees comp time in favor of the cash over- yield myself such time as I may Let us talk about the real world. In time payment. consume. the real world, wages have stagnated Second, the bill is premised on flexibility Mr. Speaker, I simply want to say it over the last 20 years. People need for employers and employees—thus either is astonishing to me that we are having overtime to make ends meet. In 1995, the employer or the employee may decide to attempts to mire this in gender war the average full-time worker in manu- cash out accrued overtime. Third, under the language. facturing worked about 4.4 hours of manager’s amendment, a provision will be Mr. Speaker, it is long past time that overtime to make an additional $3,800 a added that says that the employer must give 30 days notice to employees before cashing men and women assumed equal respon- year. They need that money. Now, they out any accrued comp time (in the absence of sibility for raising children. This bill is are going to tell employees well, this is an employee request to do so), and provides addressed not only to working mothers optional, it is up to the employee if that the employer option to cash out accrued who have had a difficult time bal- they want to take it. comp time applies only to time accrued in ancing work and family, it is also Let us talk about this so-called op- excess of 80 hours. geared to working fathers who are hav- tion. The reality of the workplace is Mr. MOAKLEY. Mr. Speaker, I yield ing that same difficulty while they are that most employees want to keep 2 minutes to the gentleman from New trying to assume more responsibility their jobs and therefore go along with Jersey [Mr. ANDREWS]. not just for the economic well-being of their employer. That means that when H8570 CONGRESSIONAL RECORD — HOUSE July 26, 1996 the employer suggests comp time, they Congress has spent the better part of a the amount is deducted from the award are going to take it. year and a half assaulting the rights of since they have already received the This so-called option does not really workers in this country. I have served overtime pay, but he or she may still work. The employee does not have a on the committee, I know what is hap- receive the liquidated damages. choice because the employer has to ap- pening. They steadfastly refused the In addition, Mr. Speaker, the other prove the comp time. He has to approve minimum wage. We had to practically remedies such as civil and criminal when they can take it. They can spend pry it out of them. OSHA, safety for penalties and injunctive relief under their overtime anytime they want to. workers in the workplace, they want to the Fair Labor Standards Act may They cannot spend their comp time gut OSHA laws. Davis-Bacon to pay apply. Either the Department of Labor anytime they want to, only when the workers prevailing wage, they want to or the employee can file suit, and I employer allows it. Preferential alloca- eliminate that, too. wish somebody on the other side would tion of overtime already occurs. There Mr. Speaker, they have slashed fund- read the actual bill itself so they can are complaints about that now. ing for the National Labor Relations understand what they are really talk- My colleagues better believe that if Board which guarantees and safeguards ing about. we have this comp time option, those workers’ rights and protections. They Mr. MOAKLEY. Mr. Speaker, I yield who will take comp time will get comp want to bring back company unions so 3 minutes to the gentlewoman from time. Those who want overtime will be that the employers will control the New York [Mrs. MALONEY]. out of luck. That is what is wrong with unions, not the employees. The first Mrs. MALONEY. Mr. Speaker, last this bill. thing they did when they received the week the new majority was talking There is a lot of rhetoric here about majority, the Republicans removed the about encouraging work. Now with this how we want to help people, but the name ‘‘labor’’ from the Committee on bill they seem to be encouraging tak- fact of the matter is in the private sec- Education and Labor to punish sup- ing time off. tor, there is a fundamental profit mo- posedly punish the labor unions. It is Mr. Speaker, despite strong economic tive, and that is to reduce the amount now the Committee on Economic and indicators, millions of Americans, of overtime pay. That being the case, Educational Opportunities and the many of them single mothers, are there is a strong incentive to discour- word ‘‘labor’’ has been purged from working harder and longer for less age overtime and encourage comp time both the committee and subcommittee money. This bill strips them of even at the expense of the American worker. names. that right. The majority of low-wage That is what we want to discourage. The campaign finance bill which workers are women. They count on We believe the current system provides went down yesterday had an antilabor their overtime pay to feed their chil- true flexibility but not the false rhet- provision in it. So make no mistake dren and to make ends meet. oric of the Republican proposal. Ms. GREENE of Utah. Mr. Speaker, I about it, this is just another assault on The underlying bill allows employers yield myself such time as I may working men and women in America by to offer comp time to workers instead consume. the Republican majority. of overtime pay. It requires a vol- Mr. Speaker, I think it is critical Now, Mr. Speaker, everybody under- untary agreement with the employee, that we address this issue of enforce- stands that employers and employees but we all know that in the real world ment. My colleagues on the other side are not equal and there will be coer- employers may bully employees into of the aisle think it is necessary to cion. Employees will be coerced into accepting whatever the employer track down personally the Secretary of accepting these kinds of things. We do wants. Labor to bring a claim where an em- not believe that American workers The practical effect of this bill will ployee feels that they have been co- ought to continue to be assaulted by be to allow employers to force an em- erced. Nothing could be further from this Republican majority, but again it ployee to take comp time instead of the truth. In fact, Mr. Speaker, the en- is consistent. paying overtime. While that person is forcement mechanisms of this legisla- They tried to gut Medicare to give using comp time, the employer can pay tion are identical to the enforcement huge tax breaks for the wealthy. They another employee regular wages in- mechanisms that we use to battle age want to give us the biggest education stead of time and a half. The bottom discrimination, race discrimination, cuts in American history. They want line is, employees could get paid less. and gender discrimination in the work- to gut environmental laws. This is a di- Mr. Speaker, this is not progress, it place. rect assault on the middle class in this is a step in the wrong direction. I urge I do not hear my colleagues from the country and on working people by the a ‘‘no’’ vote on the rule. Republican majority. This is just an other side of the aisle saying that we b 1045 should not have laws prohibiting age extension. Mr. MOAKLEY. Mr. Speaker, I yield and race and gender discrimination be- The Democrats, in filing the dissent- the balance of my time to the gen- cause the enforcement mechanism is ing views accompanying this bill said, tleman from New York [Mr. OWENS]. not going to work. Instead, we defend and I quote: ‘‘This legislation encour- The SPEAKER pro tempore (Mr. those laws. We enforce those laws ages employers to hire fewer employees KINGSTON). The gentleman from New through a mechanism that has been es- and to work them longer hours by free- York [Mr. OWENS] is recognized for 31⁄2 tablished under Federal law, and that ing them from having to pay cash for minutes. same mechanism would be used to en- overtime, potentially reducing both (Mr. OWENS asked and was given force this law. workers’ incomes and employer labor Mr. Speaker, I reserve the balance of costs by billions of dollars.’’ permission to revise and extend his re- my time. Let us reject this and not continue to marks.) Mr. MOAKLEY. Mr. Speaker, I think assault American workers. The Repub- Mr. OWENS. Mr. Speaker, the mes- it is time for a time check to see where licans’ platform is exposed by this bill. sage of this bill this morning is to the we are. Ms. GREENE of Utah. Mr. Speaker, I workers of America, ‘‘The Republicans The SPEAKER pro tempore (Mr. yield 1 minute to the gentleman from want your overtime pay,’’ from the KINGSTON). The gentleman from Massa- North Carolina [Mr. BALLENGER]. same people who brought us streamlin- chusetts [Mr. MOAKLEY] has 61⁄2 min- Mr. BALLENGER. Mr. Speaker, I ing, downsizing, the tremendous gap in utes remaining, and the gentlewoman would just like to quote a claim by the income. The same people who have at- from Utah [Ms. GREENE] has 51⁄2 min- AFL–CIO where it says the penalties tacked the National Labor Relations utes remaining. for coercion are too weak. The response Board, who have attacked OSHA, who Mr. MOAKLEY. Mr. Speaker, I yield for that, the penalties in the bill for co- refused to pass a minimum wage bill, 2 minutes to the gentleman from New ercing are the same as those for unpaid they now want your overtime. York [Mr. ENGEL]. overtime; that is, the amount of pay As the ranking member of the com- Mr. ENGEL. Mr. Speaker, I thank my owed us, plus an equal amount of liq- mittee responsible for this legislation, friend for yielding me the time. uidated damages, plus attorneys’ fees I have listened to the hearings. We My colleagues, let us call it the way and costs. If the employee has already have debated at markups, and the bill it is. The Republican majority in this used and been paid for comp time, then is flawed at its center, and that is the July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8571 assumption that you can have mutual consent between an employer and an to balance those competing consider- consent between the employer and the employee. The employee is at the ations of work and family. employee as to whether they want mercy of the employer, and we do not Members of Congress may not need overtime in terms of dollars or whether need to do any more harm than we comp time, Mr. Speaker. We make over they want it in terms of comp time. have already done to the workers in $130,000 a year and we control our own In my State, we recently passed a this area. This is a year where war has schedules. This is just one more exam- law which said that any female who is been declared on workers by the Re- ple where people who are opposing this assaulted in a prison is automatically publican majority. No, Mr. Speaker, it bill are out of touch, because most of considered to be a rape victim. Any- is now time to stop the war on workers. the people in this country struggle to time there is a sexual relationship be- Ms. GREENE of Utah. Mr. Speaker, I get control over their own time. They tween a female inmate and a prison yield myself such time as I may struggle to be at home when they need guard, the prison guard is automati- consume. to take a sick child to the doctor or be cally charged with rape because in a re- Mr. Speaker, everyone agrees that with an aged parent. They struggle be- lationship where all the power is on the working families of this country cause they do not have the ability to one side and the other person is power- are experiencing time crunch the likes get the time off that they need at the less, automatically there is no mutual of which we have never seen before. time that they need it. consent possibility. When President Clinton spoke in Nash- This bill, Mr. Speaker, gives them There is no mutual consent possible ville several weeks ago, he endorsed that opportunity. They are allowed when the employer has an incentive to the concept of having flexibility so more control over their lives. They are keep the money. You can invest the that workers can choose the time off given the opportunity to be able to money that you do not pay in over- they need to be able to be with their choose for themselves, in the cir- time. Overtime wages that are not paid families for important events, but cumstances for each of their families, can be invested. So the great incentive while President Clinton managed to whether more money or more time off will be to keep the money and to force grab a few headlines several weeks ago makes sense for their family. all workers to take comp time. Ninety with an alternative and much more re- Let us give workers that choice, Mr. percent of the employers will want strictive proposal, the administration Speaker. Let us respect their ability to workers to take comp time. Any work- never sent his proposal to Congress in choose for themselves what is best and er who does not take comp time when legislative form, nor has any Member, not dictate it from Washington as we the employer obviously wants him to to my knowledge, attempted to intro- have for the past 60 years. Mr. Speaker, I urge my colleagues to take comp time will be labeled as a bad duce the administration’s proposal. support the rule, and this legislation. team player. You are not a team player Now, my colleagues on the other side Mrs. COLLINS of Illinois. Mr. Speaker, I rise and sooner or later they of course will of the aisle have been complaining vo- in opposition to this bill that is designed to find themselves without a job. In a job ciferously about the provisions of this take away the rights of workers guaranteed to bill. We are even now hearing employ- market and in a situation where people them under the Fair Labor Standards Act. are under tremendous pressure, who ers and employees likened to prison These rights were not easily won. The Dole- will choose to exercise their right to guards and prisoners, even to slaves Gingrich Republicans and their cohorts are al- take overtime had they known the em- and masters. ways a well-funded, business oriented lobby- But in fact, Mr. Speaker, my col- ployer wants comp time? ing forceÐas is demonstrated by this bill. Let's At the heart of the bill, the assump- leagues on the other side of the aisle, be clear about one very basic false assump- tion is wrong. This will not work. It is the Democrats, were given the oppor- tion about H.R. 2391: it does not provide a another attempt to make war on Amer- tunity in the Committee on Rules to worker with the right to compensatory time or ican workers. We have had enough of it offer any amendment to this legisla- overtime wages on a voluntary, worker con- in this Congress. We have tried to stop tion they wanted to. We gave them the trolled basis. An employer and employee are them from raiding the National Labor opportunity to offer an amendment in not in level bargaining positions. Relations Board’s authority. We have the nature of a substitute so that they The overtime protection in the Fair Labor stopped them from taking away the could bring forward their own version Standards Act both protect workers from ex- safety provisions of OSHA. Now we of how this concept should work. And cessive demands for overtime work and, by have to stop them where it matters the fact is, Mr. Speaker, that the requiring premium pay for overtime, time and most; that is, taking money out of the Democrats chose not to introduce any a half, provide an incentive for businesses to pockets of American workers in terms legislation, any amendment to this create additional jobs. Nowadays, millions of of overtime pay. bill. workers depend on overtime pay just to main- The Republicans want your overtime Mr. Speaker, the truth is this legisla- tain a decent standard of living for their fami- pay, and the Democrats are here to tion does not change those fundamen- lies. Two-thirds of the workers who earned guarantee that we do not have more as- tal worker protections of the Fair La- overtime in 1994 had a total annual family in- saults on working people and working bors Standards Act. This legislation comeÐincluding spousal incomeÐof less than families. You need your overtime pay. does not change the 40-hour workweek $40,000. A recent poll by Peter Hart found The overtime pay buys shoes, it buys for workers. It does not relieve employ- that American workers prefer pay over com- clothes, it buys refrigerators. It buys ers from their obligations of paying pensatory time for overtime by a whopping what workers need. overtime. It does not give employers margin of 64 to 22 percent. Workers, on the other hand, cannot the means to coerce workers. This bill The idea that there can be a truly voluntary afford to provide an investment pool does preserve the concept of time and a agreement, as is heralded by the Republicans for the employers. There will be no es- half for overtime. The workers choose in this bill, is a cruel hoax. Any employer who crow accounts where you have to put whether to get time and a half in cash wants to pay for overtime in terms of compen- all the overtime pay into an escrow ac- or time and a half in comp time. satory time instead of cash, will find a dubious count and know that it is there. No; This bill does provide the same kinds way to encourage workers to accept compen- the employers can invest that and they of enforcement mechanisms that we satory time. Workers know this. Half of those will. And you will have billions of dol- use today to enforce worker protec- in the Hart poll said they believed employers lars already that is unpaid for overtime tions on race, age, and gender. This bill would be able to force them to take compen- under the present rules and regula- provides those same types of protec- satory time instead of overtime pay. tions, where it is pretty clear that em- tions to make certain that workers are Further, this bill does not in any way guar- ployers have to pay overtime in dol- not taken advantage of. antee workers the right to use their compen- lars. How are we ever going to police a This bill does protect employees if satory time whenever they want it. An em- situation where it is comp time, taken their company goes bankrupt by giving ployer may deny the request on the grounds at the pleasure of the employer? them first priority against any remain- that it would unduly disrupt business oper- There can be no mutual consent. ing assets of that business to get their ations, or could refuse the request for any There is no mutual consent between a overtime, their comp time cashed out. given, specific day and instead offer a different slave and a master or an inmate and a This bill, Mr. Speaker, gives workers day that is more convenient for the employer, prison guard. There will be no mutual the flexibility that they need to be able but less so for the worker. H8572 CONGRESSIONAL RECORD — HOUSE July 26, 1996 I oppose this bill because it would permit a nies go bankrupt and leave their retirees with Jones Myers Shuster Kasich Myrick Sisisky severe disservice to a worker's right to choose no pensions. Congress would be foolish to Kelly Neumann Skeen compensatory time voluntarily instead of cash allow this to happen to overtime pay. Kim Ney Smith (MI) compensation for overtime work that was ac- Overtime pay is more than a luxury for Kingston Norwood Smith (NJ) complished for the business owner. It clearly working peopleÐit is income that their families Klug Nussle Smith (TX) Knollenberg Oxley Smith (WA) attempts to gut the protection of the Fair Labor depend on, especially lower income working Kolbe Packard Solomon Standards Act and undermines living stand- people. LaHood Parker Souder ards to the detriment of workers, the economy, Proponents of this bill say that workers are Largent Paxon Spence and the Nation. Latham Payne (VA) Stearns protected because the agreements must be LaTourette Peterson (MN) Stenholm I urge my colleagues to defeat this ill-con- voluntary. Who will determine if they are vol- Lazio Petri Stockman ceived legislation. untary? The clogged Federal courts? We Leach Pickett Stump Ms. MCKINNEY. I rise today in opposition to know that justice delayed is justice denied. Lewis (CA) Pombo Talent Lewis (KY) Porter Tate this rule, and in opposition to this anti-family Who will pay the workers' legal fees if they Lightfoot Portman Tauzin legislation. Let's face it, the Republican record lose their case? Certainly not the employers. Linder Pryce Taylor (NC) on workers' rights is hideous and this bill is The idea of a truly voluntary agreement will Livingston Radanovich Thomas the ugliest of them all. LoBiondo Ramstad Thornberry be a cruel hoax for many workers. Many em- Longley Regula Tiahrt In my 3 years in Congress, I have never ployers will find a way to force employees to Lucas Riggs Torkildsen seen a bill more insidious than this attempt to accept compensatory time instead of cash be- Manzullo Roberts Upton lengthen the work week with no corresponding Martini Rogers Vucanovich cause they know the employees don't have McCollum Rohrabacher Walker increase in pay. the resources to fight this coercion. McCrery Ros-Lehtinen Walsh Contrary to what Republicans say, this bill I say, protect working familiesÐvote down McHugh Roth Wamp abolishes overtime pay. Period. this bill. McInnis Roukema Watts (OK) The so-called Working Families Flexibility McIntosh Royce Weldon (FL) Ms. GREENE of Utah. Mt. Speaker, I McKeon Salmon Weldon (PA) act allows employers to coerce workers into yield back the balance of my time. Metcalf Sanford Weller taking comp time instead of overtime pay. Em- The SPEAKER pro tempore. Without Meyers Saxton White Whitfield ployers will use this legislation to hire workers objection, the previous question is or- Mica Schaefer who agree to accept comp time instead of Miller (FL) Schiff Wicker dered on the resolution. Molinari Sensenbrenner Wolf overtime pay. This bill allows employers to There was no objection. Montgomery Shadegg Young (AK) promote workers who acquiesce to comp time Moorhead Shaw Zeliff The SPEAKER pro tempore. The Morella Shays Zimmer in lieu of overtime pay. question is on the resolution. And unlike overtime pay, workers can only The question was taken; and the NAYS—175 use their comp time when it is convenient for Speaker pro tempore announced that their employers, not their families. So much for Abercrombie Gibbons Oberstar the ayes appeared to have it. Ackerman Gonzalez Obey family friendly legislation. Mr. MOAKLEY. Mr. Speaker, I object Andrews Gordon Olver Moreover, Mr. Speaker, workers can be Baesler Green (TX) Ortiz to the vote on the ground that a forced to work 75 hours a week and not see Baldacci Gutierrez Orton quorum is not present and make the Barcia Hall (OH) Owens any comp time for 13 months. And if the com- point of order that a quorum is not Barrett (WI) Hamilton Pallone pany goes bankrupt in that 13 monthsÐtoo present. Becerra Harman Pastor bad, the worker gets no comp time and no Beilenson Hefner Payne (NJ) The SPEAKER pro tempore. Evi- overtime pay. Bentsen Hilliard Pelosi Bishop Hinchey Pomeroy In effect, workers will be giving their employ- dently a quorum is not present. The Sergeant at Arms will notify ab- Bonior Hoyer Poshard ers interest-free loans until the boss feels like Borski Jackson (IL) Quinn letting them us their comp time. sent Members. Browder Jackson-Lee Rahall And for families who rely on overtime pay to The vote was taken by electronic de- Brown (CA) (TX) Rangel vice, and there were—yeas 228, nays Brown (FL) Jefferson Reed supplement their low salaries, they will be Brown (OH) Johnson (SD) Richardson comforted in knowing that they might get 175, not voting 30, as follows: Bryant (TX) Johnson, E. B. Rivers some time off in the next 13 months. [Roll No. 367] Cardin Johnston Roemer Clay Kanjorski Rose In short, Mr. Speaker, this bill legalizes the YEAS—228 Clayton Kaptur Roybal-Allard extraction of unpaid labor from workers at a Allard Chrysler Gallegly Clement Kennedy (MA) Rush time when people are working longer and Armey Clinger Ganske Clyburn Kennedy (RI) Sabo harder for less money. Bachus Coble Gekas Collins (MI) Kennelly Sanders Baker (CA) Coburn Geren Condit Kildee Sawyer Finally, Mr. Speaker, employers can already Ballenger Collins (GA) Gilchrest Conyers King Schroeder give workers comp time as long as it is used Barr Combest Gillmor Costello Kleczka Schumer in the same week in which the overtime is Barrett (NE) Cooley Gilman Coyne Klink Scott Bartlett Cox Goodlatte Cramer LaFalce Serrano worked. Barton Crane Goodling Cummings Lantos Skaggs This bill should not be called the comp time Bass Crapo Goss Danner Levin Skelton bill, it should be called the chump time bill. I Bateman Cremeans Graham de la Garza Lewis (GA) Slaughter urge my colleagues to reject this rule and re- Bereuter Cubin Greene (UT) DeFazio Lipinski Spratt Bilbray Cunningham Greenwood DeLauro Lofgren Stark ject this Republican attempt to lengthen the Bilirakis Davis Gunderson Dellums Lowey Stokes work week with no increase in pay. Bliley Deal Gutknecht Deutsch Luther Stupak Mrs. MEEK of Florida. Mr. Speaker, I rise in Blute DeLay Hall (TX) Dicks Maloney Tanner Boehlert Diaz-Balart Hancock Dingell Manton Taylor (MS) strong opposition to the rule and to this bill. Boehner Dickey Hansen Dixon Markey Tejeda There has been talk on this floor of the so- Bonilla Doolittle Hastert Dooley Mascara Thompson called protections for workers who may be Bono Dornan Hastings (WA) Doyle Matsui Thornton owed compensatory time by companies that Brewster Dreier Hayworth Durbin McCarthy Thurman Brownback Duncan Hefley Edwards McDermott Torres go out of business. Employees of bankrupt Bryant (TN) Dunn Heineman Engel McHale Towns companies are protected, they say, because Bunn Ehlers Herger Eshoo McKinney Traficant they can get what is owed them by going Bunning Ehrlich Hilleary Evans McNulty Velazquez Burr English Hobson Farr Meehan Vento against the assets of these bankrupt compa- Burton Ensign Hoekstra Fattah Meek Visclosky nies. Buyer Everett Hoke Fazio Menendez Volkmer I say these so-called protections amount to Callahan Fawell Horn Fields (LA) Millender- Ward a handful of dust. We know companies that Calvert Fields (TX) Hostettler Filner McDonald Waters Camp Flanagan Houghton Flake Miller (CA) Watt (NC) have gone out of business, leaving no assets Campbell Foley Hunter Foglietta Minge Waxman whatsoever. What happens to these employ- Canady Fowler Hyde Forbes Mink Williams ees and their families then? They are cheated Castle Fox Inglis Frank (MA) Moakley Wilson out of their wages, that's what. Chabot Franks (CT) Istook Frisa Mollohan Wise Chambliss Franks (NJ) Jacobs Frost Moran Woolsey This has happened time and time again in Chenoweth Frelinghuysen Johnson (CT) Furse Nadler Wynn the area of retirement benefits, when compa- Christensen Funderburk Johnson, Sam Gephardt Neal Yates July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8573 NOT VOTING—30 conference on the disagreeing votes of the Mr. Speaker, I yield back the balance Archer Ewing McDade two Houses on the bill H.R. 3517, be in- of my time. Baker (LA) Ford Murtha structed not to provide funding for projects Mr. HEFNER. Mr. Speaker, I thank Berman Gejdenson Nethercutt which have not been authorized. Bevill Hastings (FL) Peterson (FL) the gentlewoman from Nevada for her Blumenauer Hayes Quillen The SPEAKER pro tempore. Under support. Boucher Holden Scarborough rule XXVIII, the gentleman from North Mr. Speaker, I yield back the balance Chapman Hutchinson Seastrand Carolina [Mr. HEFNER] and the gentle- of my time. Coleman Laughlin Studds woman from Nevada [Mrs. VUCANOVICH] Collins (IL) Lincoln Torricelli The SPEAKER pro tempore. Without Doggett Martinez Young (FL) each will control 30 minutes. objection, the previous question is or- The Chair recognizes the gentleman b 1113 dered on the motion to instruct. from North Carolina [Mr. HEFNER]. There was no objection. Mr. FARR of California changed his Mr. HEFNER. Mr. Speaker, I yield The SPEAKER pro tempore. The vote from ‘‘yea’’ to ‘‘nay.’’ myself such time as I may consume. question is on the motion to instruct So the resolution was agreed to. Mr. Speaker, I offer this motion to offered by the gentleman from North The result of the vote was announced instruct to ensure that the conferees Carolina [Mr. HEFNER] . as above recorded. on the military construction bill ad- The motion was agreed to. A motion to reconsider was laid on here to the customary practice of A motion to reconsider was laid on the table. agreeing to provide funding only for the table. f projects which are authorized. The SPEAKER pro tempore. Without Current assumptions on this bill will objection, the Chair appoints the fol- A FURTHER MESSAGE FROM THE result in over $800 million in projects SENATE lowing conferees: Mrs. VUCANOVICH and begin added to the amount requested Messrs. CALLAHAN, MCDADE, MYERS of A further message from the Senate by the President. For years we on the Indiana, PORTER, HOBSON, WICKER, LIV- by Mr. Lundregan, one of its clerks, an- Military Construction Subcommittee INGSTON, HEFNER, FOGLIETTA, TORRES, nounced that the Senate had passed have emphasized funding for barracks, DICKS, and OBEY. with amendments in which the concur- family housing projects, and other There was no objection. rence of the House is requested, a bill structures which improve the quality f of the House of the following title: of life in the military. Unfortunately H.R. 3845. An act making appropriations our colleagues in the other body have APPOINTMENT OF CONFEREES ON for the government of the District of Colum- not always shared our priorities. H.R. 3845, DISTRICT OF COLUMBIA bia and other activities chargeable in whole The Armed Services Committees are APPROPRIATIONS ACT, 1997 or in part against the revenues of said Dis- now in conference, and will, I believe Mr. WALSH. Mr. Speaker, I ask trict for the fiscal year ending September 30, end up funding a number of projects 1997, and for other purposes. unanimous consent to take from the that will speed up the building of new Speaker’s table the bill (H.R. 3845) The message also announced that the barracks and family housing projects. making appropriations for the govern- Senate insists upon its amendments to Their agreement will authorize and the ment of the District of Columbia and the bill (H.R. 3845) ‘‘An act making ap- appropriations bill will fund these other activities chargeable in whole or propriations for the government of the projects as well provide for projects to in part against the revenues of said District of Columbia and other activi- support operational and readiness re- District for the fiscal year ending Sep- ties chargeable in whole or in part quirements, and to meet our base clo- tember 30, 1997, and for other purposes, against the revenues of said District sure commitments. with Senate amendments thereto, dis- for the fiscal year ending September 30, This total level of authorization and agree to the Senate amendments, and 1997, and for other purposes,’’ requests funding has been carefully arrived at agree to the conference asked by the a conference with the House on the dis- and is the result of cooperation be- Senate. agreeing votes of the two Houses there- tween the authorizing and Appropria- The SPEAKER pro tempore. Is there on, and appoints Mr. JEFFORDS, Mr. tions Committee. It has been a biparti- objection to the request of the gen- CAMPBELL, Mr. HATFIELD, Mr. KOHL, san exercise with a bipartisan result. tleman from New York? The Chair and Mr. INOUYE to be the conferees on Members on both sides have been treat- hears none and, without objection, ap- the part of the Senate. ed fairly. There is no reason why the points the following conferees: Messrs. f conferees on the appropriations bill WALSH, BONILLA, KINGSTON, should deviate from this agreement. APPOINTMENT OF CONFEREES ON FRELINGHUYSEN, NEUMANN, PARKER, While I support adding funds to ac- H.R. 3517, MILITARY CONSTRUC- LIVINGSTON, DIXON, SERRANO, Ms. KAP- celerate funding quality of life TION APPROPRIATIONS ACT, 1997 TUR, and Mr. OBEY. projects, I feel that adding over $800 f Mrs. VUCANOVICH. Mr. Speaker, I million to the President’s request is ask unanimous consent to take from enough in these difficult budget times ADJOURNMENT OF THE HOUSE the Speaker’s table the bill (H.R. 3517) given other domestic priorities. FROM ANY DAY BETWEEN making appropriations for military Mr. Speaker, I urge the support of THURSDAY, AUGUST 1, 1996, AND construction, family housing, and base my motion to instruct. SATURDAY, AUGUST 3, 1996, TO realignment and closure for the De- Mr. Speaker, I reserve the balance of WEDNESDAY, SEPTEMBER 1, 1996 partment of Defense for the fiscal year my time. AND ADJOURNMENT OR RECESS ending September 30, 1997, and for Mrs. VUCANOVICH. Mr. Speaker, I OF THE SENATE FROM ANY DAY other purposes, with Senate amend- yield myself such time as I may BETWEEN THURSDAY, AUGUST 1, ments thereto, disagree to the Senate consume. 1996, AND SUNDAY, AUGUST 4, amendments, and agree to the con- Mr. Speaker, I rise in support of this 1996, TO TUESDAY, SEPTEMBER 3, ference asked by the Senate. motion to instruct conferees. We have 1996 The SPEAKER pro tempore (Mr. worked in a bipartisan manner with Mr. ARMEY. Mr. Speaker, I offer a TORKILDSEN). Is there objection to the the authorization committee to pro- privileged concurrent resolution (H. request of the gentlewoman from Ne- vide the many quality of life items Con. Res. 203) and ask for its imme- vada? contained in this bill. No individual diate consideration. There was no objection. project recommended in this bill may The Clerk read the resolution, as fol- MOTION TO INSTRUCT OFFERED BY MR. HEFNER go forward without specific authoriza- lows: Mr. HEFNER. Mr. Speaker, I offer a tion. We are following the progress of H. CON. RES. 203 the authorization conference closely motion to instruct conferees. Resolved by the House of Representatives The Clerk read as follows: and it is my understanding they are (the Senate concurring). That, in consonance Mr. HEFNER moves that in resolving the nearing completion. I urge my col- with section 132(a) of the Legislative Reorga- differences between the House and Senate, leagues to support the gentleman’s mo- nization Act of 1946, when the House ad- the managers on the part of the House at the tion. journs on the legislative day of Thursday, H8574 CONGRESSIONAL RECORD — HOUSE July 26, 1996 August 1, 1996, Friday, August 2, 1996, or Sat- Ganske Lightfoot Royce Schumer Tanner Volkmer urday, August 3, 1996, pursuant to a motion Gekas Linder Salmon Scott Taylor (MS) Ward made by the majority leader or his designee, Gilchrest Livingston Sanford Serrano Tejeda Waters Saxton Skaggs Thompson Watt (NC) it stand adjourned until noon on Wednesday, Gillmor LoBiondo Gilman Longley Schaefer Skelton Thornton Waxman September 4, 1996, or until noon on the sec- Goodlatte Lucas Schiff Slaughter Thurman Wise ond day after Members are notified to reas- Goodling Manzullo Sensenbrenner Spratt Torres Woolsey semble pursuant to section 2 of this concur- Goss Martini Shadegg Stark Towns Wynn rent resolution, whichever occurs first; and Graham McCollum Shaw Stenholm Velazquez Yates that when the Senate recesses or adjourns at Greene (UT) McCrery Shays Stokes Vento the close of business on Thursday, August 1, Greenwood McHugh Shuster Stupak Visclosky Sisisky 1996, Friday, August 2, 1996, Saturday, Au- Gutknecht McInnis Hancock McIntosh Skeen NOT VOTING—34 gust 3, 1996, or Sunday, August 4, 1996, pursu- Hansen McKeon Smith (MI) Baker (LA) Gunderson Nussle ant to a motion made by the majority leader Hastert Metcalf Smith (NJ) Berman Hastings (FL) Pelosi or his designee in accordance with this reso- Hastings (WA) Meyers Smith (TX) Bevill Hayes Peterson (FL) lution, it stand recessed or adjourned until Hayworth Mica Smith (WA) Blumenauer Holden Quillen noon on Tuesday, September 3, 1996, or until Hefley Miller (FL) Solomon Boucher Hutchinson Scarborough such time on that day as may be specified by Heineman Molinari Souder Chapman Laughlin Seastrand Spence the majority leader or his designee in the Herger Montgomery Coleman Lincoln Studds Hilleary Moorhead Stearns Collins (IL) Martinez Torricelli motion to recess or adjourn, or until noon on Hobson Morella Stockman Doggett McDade Williams the second day after Members are notified to Hoekstra Myers Stump Ewing Miller (CA) Young (FL) reassemble pursuant to section 2 of this con- Hoke Myrick Talent Ford Murtha current resolution, whichever occurs first. Horn Neumann Tate Gejdenson Nethercutt Hostettler Ney Tauzin Sec. 2. The Speaker of the House and the b 1148 majority leader of the Senate, acting jointly Houghton Norwood Taylor (NC) Thomas after consultation with the minority leader Hunter Oxley Mr. YATES and Mr. HALL of Ohio Hyde Packard Thornberry of the House and the minority leader of the Inglis Parker Tiahrt changed their vote from ‘‘yea’’ to House and the minority leader of the Senate, Istook Paxon Torkildsen ‘‘nay.’’ shall notify the Members of the House and Jacobs Payne (VA) Traficant So the concurrent resolution was Upton Senate, respectively, to reassemble when- Johnson (CT) Peterson (MN) agreed to. ever, in their opinion, the public interest Johnson, Sam Petri Vucanovich shall warrant it. Jones Pickett Walker The result of the vote was announced Kasich Pombo Walsh as above recorded. The SPEAKER pro tempore. Does the Kelly Porter Wamp A motion to reconsider was laid on gentleman from Massachusetts [Mr. Kim Portman Watts (OK) King Pryce Weldon (FL) the table. FRANK] seek recognition? Kingston Quinn Weldon (PA) f Mr. FRANK of Massachusetts. I Klug Radanovich Weller would Mr. Speaker, if the resolution Knollenberg Ramstad White APPOINTMENT OF CONFEREES ON were debatable. Kolbe Rangel Whitfield H.R. 3448, SMALL BUSINESS JOB LaHood Regula Wicker PROTECTION ACT 1996 The SPEAKER pro tempore. The gen- Largent Riggs Wilson tleman is correct, the resolution is not Latham Roberts Wolf Mr. ARCHER. Mr. Speaker, I ask debatable. LaTourette Rogers Young (AK) unanimous consent to take from the Lazio Rohrabacher Zeliff The question is on the concurrent Leach Ros-Lehtinen Zimmer Speaker’s table the bill (H.R. 3448) to resolution. Lewis (CA) Roth provide tax relief for small businesses, The question was taken; and the Lewis (KY) Roukema to protect jobs, to create opportunities, Speaker pro tempore announced that to increase the take home pay of work- NAYS—167 the ayes appeared to have it. ers, to amend the Portal-to-Portal Act Mr. FRANK of Massachusetts. Mr. Abercrombie Fattah Luther Ackerman Fazio Maloney of 1947 relating to the payment of Speaker, I object to the vote on the Andrews Fields (LA) Manton wages to employees who use employer ground that a quorum is not present Baesler Filner Markey owned vehicles, and to amend the Fair and make the point of order that a Baldacci Flake Mascara Labor Standards Act of 1938 to increase Barcia Foglietta Matsui quorum is not present. Barrett (WI) Frank (MA) McCarthy the minimum wage rate and to prevent The SPEAKER pro tempore. Evi- Becerra Frost McDermott job loss by providing flexibility to em- dently a quorum is not present. Beilenson Furse McHale ployers in complying with minimum The Sergeant at Arms will notify ab- Bentsen Gephardt McKinney Bishop Geren McNulty wage and overtime requirements under sent Members. Bonior Gibbons Meehan that act, with Senate amendments The vote was taken by electronic de- Borski Gonzalez Meek thereto, disagree to the Senate amend- vice, and there were—yeas 232, nays Browder Gordon Menendez ments, and request a conference with Brown (CA) Green (TX) Millender- 167, not voting 34, as follows: Brown (FL) Gutierrez McDonald the Senate thereon. [Roll No. 368] Brown (OH) Hall (OH) Minge The SPEAKER pro tempore (Mr. Bryant (TX) Hall (TX) Mink TORKILDSEN). Is there objection to the YEAS—232 Cardin Hamilton Moakley Allard Burton Deal Clay Harman Mollohan request of the gentleman from Texas? Archer Buyer DeLay Clayton Hefner Moran There was no objection. Armey Callahan Diaz-Balart Clement Hilliard Nadler MOTION TO INSTRUCT OFFERED BY MR. CLAY Bachus Calvert Dickey Clyburn Hinchey Neal Baker (CA) Camp Doolittle Coburn Hoyer Oberstar Mr. CLAY. Mr. Speaker, I offer a mo- Ballenger Campbell Dornan Collins (MI) Jackson (IL) Obey tion. Barr Canady Dreier Conyers Jackson-Lee Olver The Clerk read as follows: Barrett (NE) Castle Duncan Costello (TX) Ortiz Bartlett Chabot Dunn Coyne Jefferson Orton Mr. CLAY moves that the managers on the Barton Chambliss Ehlers Cramer Johnson (SD) Owens part of the House at the conference on the Bass Chenoweth Ehrlich Cummings Johnson, E. B. Pallone disagreeing votes of the two Houses on the Bateman Christensen English Danner Johnston Pastor Senate amendments to the bill H.R. 3448 be Bereuter Chrysler Ensign DeFazio Kanjorski Payne (NJ) instructed to report as soon as possible their Bilbray Clinger Everett DeLauro Kaptur Pomeroy resolution of the differences between the Bilirakis Coble Fawell Dellums Kennedy (MA) Poshard Houses, because the minimum wage is at its Bliley Collins (GA) Fields (TX) Deutsch Kennedy (RI) Rahall Blute Combest Flanagan Dicks Kennelly Reed lowest real value in 40 years and because Boehlert Condit Foley Dingell Kildee Richardson working families deserve a raise. Boehner Cooley Forbes Dixon Kleczka Rivers The SPEAKER pro tempore. Under Bonilla Cox Fowler Dooley Klink Roemer Bono Crane Fox Doyle LaFalce Rose rule XXVIII, the gentleman from Mis- Brewster Crapo Franks (CT) Durbin Lantos Roybal-Allard souri [Mr. CLAY] and the gentleman Brownback Cremeans Franks (NJ) Edwards Levin Rush from Pennsylvania [Mr. GOODLING] Bryant (TN) Cubin Frelinghuysen Engel Lewis (GA) Sabo each will control 30 minutes. Bunn Cunningham Frisa Eshoo Lipinski Sanders Bunning Davis Funderburk Evans Lofgren Sawyer The Chair recognizes the gentleman Burr de la Garza Gallegly Farr Lowey Schroeder from Missouri [Mr. CLAY]. July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8575

Mr. CLAY. Mr. Speaker, I yield my- this body, Mr. GOODLING, but let me thought they had done in 1989. Accord- self such time as I may consume. tell my colleagues something, I have ing to the Congressional Research Mr. Speaker, I rise to offer a motion some difficulty here because we have Service, that affected 230,000 people, to instruct conferees. We have spent seen a strategy of delaying, of burying, not 10 million, not 16 million, 230,000, of this morning debating a bill that will of ducking on this issue. which I grandfathered all of those so jeopardize overtime pay for working Five separate times Republicans none of them was affected. Americans. More and more workers blocked an increase in the minimum Therefore, we cannot say that some- rely on overtime pay just to make ends wage. NEWT GINGRICH said the mini- how or other somebody was trying to meet, yet Republicans insist on passing mum wage should be based on the take away an exemption, because the legislation that will weaken a worker’s wages of workers from Mexico. DICK exemption was already there. All we right to time and a half pay for over- ARMEY said that he would fight it with were trying to do was make sure that time. every fiber of his being. TOM DELAY we got it the way they wanted it, but The House’s action today makes it said that the minimum wage families it did not work out that way. even more necessary that we act quick- do not really exist. And the chairman b 1200 ly to enact an increase in the minimum of the Republican conference said he wage. An increase to the minimum would commit suicide before he would Mr. Speaker, I yield 3 minutes to the wage will provide simple justice for vote for raising the minimum wage. gentleman from California [Mr. working men and women. So, after all this published pressure CUNNINGHAM]. We offer talk about the importance in the country forced them to act, the Mr. CUNNINGHAM. Mr. Speaker, the of getting people off welfare. If we are House raised the minimum wage, but gentleman that spoke in the aisle a serious about that, if we really want to only after our friends on this side of minute ago said to increase the mini- get people off welfare as opposed to the aisle tried to repeal the minimum mum wage. If my colleagues remember just talking about it, there is one sim- wage for 10 million workers in this the last time the minimum wage was ple way to do that—make work pay. country. So people can understand our raised before this, it was raised by Ron- Almost two-thirds of the minimum trepidation and our fear that this is ald Reagan and the Republicans. wage workers are adults, while 4 in 10 not going to get done. Why, when the Democrats had both are the sole breadwinner of their fam- Workers in this country are losing the House and the Senate and the ily. these wages on a daily basis, costing White House, if the minimum wage is Recent studies suggest that 300,000 literally hundreds and hundreds of mil- so important now, did they do nothing? would be lifted out of poverty if the lions of dollars to these low-income They had control of all three of the minimum wage were raised to $5.15 per workers in this country today. Twelve areas in which they could have raised hour. This includes 100,000 children now million Americans are working hard, the minimum wage and they chose to living in poverty. they are working long hours. do nothing. The President even said Mr. Speaker, this is a matter of sim- These are people who are choosing the minimum wage is not the way to ple justice. This is a matter of promot- work over welfare, and they cannot empower people. But now it is impor- ing family values. raise a family on $8,800 a year. When tant because it is a political year. It is time to do something positive they are in that situation, they end up No, Mr. Speaker, they do not raise for the working poor. Polls show that working two jobs and three jobs and the minimum wage and they talk 75 percent of Americans support raising overtime. about a do-nothing Congress. Well, the minimum wage. When a mother is working an extra Democrats did a lot of things in the Mr. Speaker, the time to raise the job, she is not there for her kids in the 103d Congress. They increased taxes the minimum wage is long overdue. evening, she is not there to teach them highest level ever. They promised a Mr. Speaker, I reserve the balance of right from wrong, she is not there to middle-class tax cut and they increased my time. read them bedtime stories. When the the marginal rate on the middle class. Mr. GOODLING. Mr. Speaker, I yield father has to work two or three jobs or Mr. Speaker, we tried to live up to myself 30 seconds. overtime, he is not there for Little that bargain and give money back to Mr. Speaker, obviously we want to League of soccer games. He is not there the middle class with a $500 tax deduc- work with the minority to resolve the for dinner conversations. And the tion to working families for every differences as quickly as possible. whole fabric of civil society starts to child, and my Democrat colleagues Mr. Speaker, I reserve the balance of come unraveled. fought that. Why? Because they want my time. This needs to be done now. It needs the power and the ability to spend Mr. CLAY. Mr. Speaker, I yield 3 to be done before Labor Day. It needs money out of Washington, DC, so they minutes to the gentleman from Michi- to be done so we can get on with the can rain it down to their liberal inter- gan [Mr. BONIOR]. object of giving America a raise. So I est groups, so they can get reelected. Mr. BONIOR. Mr. Speaker, I thank encourage my colleagues to vote for That is what is cruel. the gentleman for yielding me the this resolution so we can do this, as the Mr. Speaker, if my colleagues want time, and I am glad to hear my friend resolution says, as the instructions to help the American people, balance from Pennsylvania say that he is inter- say, as soon as possible. We do not need the budget and cut out the extra spend- ested in working with the minority to to wait another month or two or three ing. resolve this issue as quickly as pos- before this issue is resolved. Let me give another classic example. sible. Mr. GOODLING. Mr. Speaker, I yield In education, the liberals have cut edu- Back in 1948, Harry Truman gave a myself 1 minute. cation year after year after year. How? speech about a do-nothing Congress, Mr. Speaker, I do that to make sure The President’s direct lending program and in that speech he said that the Re- that everybody understands that no- cost over a billion dollars more just to publicans had not created jobs, they body was trying to exempt millions of administer. One year in operation they had not raised wages, they had not pro- American workers from minimum have lost $100 million and they cannot tected pensions, they had not dealt wage. What we were trying to do is account for it. That is cutting edu- with the health care issue, they had what the other side of the aisle cation because those dollars are not not done a single thing to help working thought they had done in 1989 and going to the classroom. families in America. At the end of the thought they had done later, which was We took the savings from that and speech Truman looked at the audience to say that there is no difference be- increased Pell grants and increased and he said, ‘‘How many times do you tween interstate and intrastate, be- students loans 50 percent and Demo- have to get hit over the head before cause all those workers were already crats said Republicans are cutting edu- you realize what is hitting you over exempt less than 500,000 of them. cation. What we did is we cut their the head?’’ What we were trying to do, as I indi- power in River City and we capped the Mr. Speaker, I want to believe my cated, is make sure that there is no dif- administrative fees on direct lending. friend from Pennsylvania. He is a ference between interstate and intra- AmeriCorps where it is $29,000 per noble, decent, hard-working Member of state, exactly what the minority volunteer, and in Baltimore it was H8576 CONGRESSIONAL RECORD — HOUSE July 26, 1996 $50,000 per volunteer; the wasteful Mr. WISE. Mr. Speaker, the mini- Mr. Speaker, I yield 2 minutes to the spending that we have in Washington, mum wage is finally going to be a bi- gentleman from California [Mr. DC. If my colleagues want to help partisan bill, but with Republicans and BECERRA]. American families and get them a min- Democrats alike, to my friends on the Mr. BECERRA. Mr. Speaker, I thank imum wage, then balance the budget other side of the aisle who want to the gentleman for yielding me 2 min- and take off interest rates. They will troop down here and talk about how utes. That is all it should take Mem- have more money for schools and car Democrats did not do anything the bers of this House to pass this bill. Two loans and home loans and they will first 2 years of the Clinton administra- minutes. Not 2 months and certainly have a good life. But no, Democrats tion, I would hasten to remind them of not 40 years. But for 40 years we have want to make it political rhetoric in an the earned income tax credit which was seen the minimum wage constantly election year, when they absolutely re- part of the deficit reduction bill. have the value eroded down to the fused to do it when they had the total Democrats passed that and it gave point now where we are now talking to House, the total Senate and they had every American earning under $26,000 a folks who are working for minimum the White House. year a tax cut. It gave 100,000 working wage who cannot afford to exist. Mr. CLAY. Mr. Speaker, I yield my- West Virginians a tax cut. That was in Mr. Speaker, this is not a liveable self such time as I may consume. lieu of the minimum wage and I might wage. And it has been more than a Mr. Speaker, may I remind all speak- add not one Republican Member voted month since this House, by a vast ma- ers that we are talking about the mini- for it. Not one Republican Member jority of its Members, decided to tell mum wage and not some of these other voted for that middle-income and lower the American people, America you de- issues that have been brought before middle-income working person’s tax serve a raise. But for more than a us. cut, which, in effect, was a minimum month this bill has been held in limbo Mr. Speaker, I yield 2 minutes to the because of politics. The Senate passed gentlewoman from Hawaii [Mrs. MINK]. wage increase. But let us talk about this minimum a raise on the wage more than a month Mrs. MINK of Hawaii. Mr. Speaker, I ago and we cannot get this out so thank our ranking member for yielding wage, because it is time for it to go up. The minimum wage has not been raised Americans can finally get their raise. me time. Mr. Speaker, there is not a need to Mr. Speaker, this matter of raising since 1991, effectively. In West Vir- ginia, what it has meant, failure to wait any longer. We need not have an minimum wage is a matter of simple instruction to tell Members of Con- raise the minimum wage during the justice. We have heard throughout the gress to finally do their work. Let us year that it has been talked about has last year and a half about how impor- get to the business of this Congress. meant $41 million of lost wages to tant it is for people to work. In fact, we Let us increase the wage of American have passed a welfare reform bill, so- working West Virginians. It has meant, workers who earn the least amount in called, which will require work because since July 4, the loss of about $2 mil- this country and do some of the hard- work is an important ethic that ought lion a week to working West Vir- est work. They have waited a long to be encouraged. ginians. That is money not only in time. They have had to suffer through And while we talk about work, we al- their pockets but money that could be this. And quite honestly, it is time for ways say work should be rewarded. So circulating in the economy. us to tell them we appreciate what we have come now to this legislation Mr. Speaker, it also means that for they do. And rather than the politics which is an attempt to pay fair wages, working West Virginians it means that day after day, denying them the oppor- to make it profitable for people to there are 112,000 payroll jobs that will tunity to have a 50 cent increase in work at the lowest income in our coun- see an increase because of this mini- try. their hourly pay, let us get past this mum wage increase over the next 2 political bickering and say it is time to People who work at minimum wage, years going from $4.25 to $5.15 over a 2- $4.25 now, all they are going to receive increase the wage of America. year period. I urge Members to vote for this in- after a year is $5.15 an hour; not much We talk about welfare reform; this is more than what they get, but a sub- struction and let us tell the leadership welfare reform, because what it says is of the Congress: Fight if you wish, but stantial amount for those people who there is value to work. I think that if are in the lowest income in our society. do not do it on American workers’ workers have not had a pay increase time. Let us pass this and get it over And I have met many tens of thousands since 1991, if they are at minimum of workers who are earning minimum with and give America what it de- wage, their buying power is at an all- serves. wage in my district. time buying low for the last 40 years. If Mr. Speaker, I was appalled when Mr. Speaker, I yield back the balance they are now making one-third the av- once the Labor Department issued the of my time. erage nonsupervisory wage, and the unemployment statistics, everywhere Mr. GOODLING. Mr. Speaker, I yield we had been told that the economy was minimum wage used to be one-half of myself 15 seconds. down and that the tax collections were that, yes, it is time for a raise. Mr. Speaker, as soon as we cut the down. And yet at the same time our So, Mr. Speaker, let us get this to rhetoric, we will get this minimum unemployment figures remained sta- the floor quickly. I am delighted to see wage conference over. ble. They remained stable because in there seems to be agreement among Mr. Speaker, I reserve the balance of my community, people have to work Republicans and Democrats. It is time my time. 1 three or two jobs just to keep their for West Virginians to stop losing $2 Mr. CLAY. Mr. Speaker, I yield 1 ⁄2 families together. So when they lose million a week and get that pay raise. minutes to the gentlewoman from Con- the third job and retain two, they are Mr. GOODLING. Mr. Speaker, I re- necticut [Ms. DELAURO]. not unemployed, so it was not reflected serve the balance of my time. Ms. DELAURO. Mr. Speaker, I rise in in the unemployment statistics, but it Mr. CLAY. Mr. Speaker, do we have support of raising the minimum wage certainly was reflected in the amount the right to close on this side? and I call on the Republican leadership of money that they had to sustain their The SPEAKER pro tempore (Mr. to quit the stalling tactics on this families. TORKILDSEN). Yes, the gentleman is much-needed legislation. Mr. Speaker, if we are going to con- correct. Mr. Speaker, 80 percent of the Amer- sider the family and the importance of Mr. CLAY. Mr. Speaker, may I in- ican public wants to see an increase in the family, the importance of reward- quire of the gentleman if he intends to the minimum wage. Americans need a ing work and making people self-suffi- call additional speakers. raise and the Gingrich Congress has cient and encouraging this idea of fam- Mr. GOODLING. Mr. Speaker, if the gone to unbelievable lengths to stiff ily responsibility, we have to have an gentleman will yield, whenever the working people, including this morning increase in the minimum wage. gentleman from Missouri tells me he is voting to cut overtime pay for working Mr. GOODLING. Mr. Speaker, I re- down to his last speaker, I will get up people. The Republican leadership has serve the balance of my time. and endorse his motion and then yield employed every parliamentary trick in Mr. CLAY. Mr. Speaker, I yield 2 back the balance of my time. the book to deny the minimum wage minutes to the gentleman from West Mr. CLAY. Mr. Speaker, I thank the to, deny workers a 90-cent increase. We Virginia [Mr. WISE]. gentleman. are talking, friends, about 90 cents. July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8577

Under Federal law, Speaker GINGRICH ers than has been done already this that they are not the cause of the takes home $171,500 a year in tax- year. delay. I can remember back early on in payers’ money for his salary. In con- b 1215 this year, way back, when we on this trast, the minimum wage worker who side attempted many times to bring up puts in 40 hours a week for 52 weeks a The tiny steps that we can take is to a minimum wage bill and to be thwart- year makes a grand total of $8,840. move from $4.25 an hour to the first ed by the votes of the majority, be- step in this two-step raise which will On April 17, Speaker GINGRICH prom- cause why? Speaker GINGRICH did not ised to, ‘‘look at raising the minimum be 45 cents a year over a 2-year period, want us to have a minimum wage bill. wage.’’ It has been exactly 100 days just 90 cents, to move from $4.25 to Finally, because of some of their $5.15. What all the economist say, if since Speaker GINGRICH made that Members and some of the Members promise and the American taxpayers you factor in inflation and you look at from people from the media and the have paid him $46,989 in that time. And the way that the cost of living has been public said we have to have a minimum in Connecticut, minimum wage work- raised over the last 20 years, we are wage, everybody knows that the mini- way behind. ers lost a total of $4.8 million in this mum wage has the lowest buying power To really stay level with the cost of time in terms of their wages. that it has had in the last 40 years, so living, this minimum wage increase Speaker GINGRICH and the Republican that got to them. So then they finally should go to something like $6.30 an revolutionaries passed their Contract came up with they want an amend- hour. So even after we give the two- With America in the first 100 days of step increase over a 2-year period, 90 ment, though that would have obfus- this Congress, but when it comes to cents to bring it up to $5.15 an hour, we cated most of it, even denied any mini- working people, the Republican leader- will still be way behind what we really mum wage to over 10 million workers. ship cannot get its act together enough had 20 years ago with the minimum We defeated that. They tried the same to enact a paltry 90-cent raise. America wage. thing in the Senate. needs a raise now. Let us do it. This is the least we can do. The war This has been a long arduous process, Mr. GOODLING. Mr. Speaker, I yield that has been declared on workers this and all because Speaker GINGRICH and myself 30 seconds. year, starting with the November vic- DICK ARMEY, they do not want us to Mr. Speaker, I rise just to indicate tory in 1994 of the Republican major- have the public, the people out there that I voted for the bill when it left the ity, is an unprecedented war. At least that work, they do not want them to House. I got some provisions in to pro- we can call a halt between now and No- have a little increase in the minimum tect the most vulnerable who normally vember, try to stake some small steps wage, 90 cents over a period of 2 years, are affected. Therefore, as soon as we to communicate to the American peo- a 90-cent increase. Most of my colleagues on the major- stop the rhetoric, we will go on to con- ple that we do care about working fam- ity side, that would be a hill of beans, ference and get the job done. ilies, that when we talk about moving Mr. Speaker, I reserve the balance of does not amount to anything. They from welfare to work, we want to make my time. would throw that away in 15 minutes work rewarding. We have taken the re- Mr. CLAY. Mr. Speaker, I yield 1 without any problem. To people in my wards out of work by having people minute to the gentleman from Georgia district who work for a minimum wage, who earn the minimum wage earning [Mr. LEWIS]. that 90 cents means a heck of a lot, less than you get if you are on welfare, Mr. LEWIS of Georgia. Mr. Speaker, folks. That means more bread on the and in many cases you are better off if I rise today to urge my Republican col- table. That means maybe an extra pair you are on welfare and have Medicaid leagues to stop blocking action on the of socks for the kids, maybe even a pair because at least you have a health care minimum wage. I have said it before of shoes in due time. That is what it plan. Let us end the war on workers and I will say it again here today: Rais- means. It does not mean that to the and raise the minimum wage without ing the minimum wage is not just an majority, to the wealthy, but it does to further ado. economic issue, it is a moral issue. It is Mr. GOODLING. Mr. Speaker, I yield those who work for it. the right thing to do. The time is al- myself 30 seconds. As for me, I worked for a minimum ways right to do right. Mr. Speaker, if we wanted to delay wage at one time. I know what it is The Republicans in Congress will do the process, we would not have come to like. I do not like it. I do not think anything to deny hard-working people the floor to ask to appoint conferees. I anybody on the minimum wage really a small raise. Mr. Speaker, Mr. Major- might remind my colleagues that it likes working for the minimum wage. ity Leader, I know you vowed to fight was the senior Senator from Massachu- But to have to work for $4.25 when you an increase in the minimum wage with setts that held all of this up over on should be working for $5 or $5.15 makes every fiber in your being but you can- the Senate side, the appointing of the a big difference. not fight the will of the American peo- conferees, not because it had anything Mr. GOODLING. Mr. Speaker, I yield ple forever. Now is the time to act. to do with the minimum wage but be- 1 minute to the gentleman from North Now is the time, not tomorrow, not cause he did not like something in rela- Carolina [Mr. COBLE]. Mr. COBLE. Mr. Speaker, I had not next week, but today. One thing is for tionship to health care. That is where planned to speak today. I have no pre- sure. Come November, working people the delay has been. We are trying to pared text. But I get tired of bashing. will remember. expedite it. Mr. CLAY. Mr. Speaker, I yield 2 Mr. Speaker, I reserve the balance of It is easy for Democrats to bash Repub- minutes to the gentleman from New my time. licans, easy for Republicans to bash York [Mr. OWENS]. Mr. CLAY. Mr. Speaker, just to cor- Democrats. We seem to be in the bash- (Mr. OWENS asked and was given rect the record, I yield myself such ing game. permission to revise and extend his re- time as I may consume. I was back on the rail, listening to marks.) Why do they keep adding these non- the bashing exercise. I may be wrong, Mr. OWENS. Mr. Speaker, America germane issues to important issues Mr. Speaker, but I think if memory needs a raise; most of America needs a like the minimum wage? It should not serves correctly, and it does, during raise. Really, the CEO’s are doing very have been there in the first place. That the 103d Congress, when my Democrat well in America. The stockholders are is the problem with what is happening friends controlled the House, con- doing very well. This is a time of pros- in this 104th Congress under the leader- trolled the Senate, controlled the perity and a great deal of growth. it is ship of the Republicans. White House at the other end of Penn- time to share the wealth, however. Mr. Speaker, I yield 2 minutes to the sylvania Avenue, not one word was American workers are stagnated and gentleman from Missouri [Mr. VOLK- mentioned about minimum wage. They some are faced with decline in incomes. MER]. were in the wheelhouse of that ship. Here is a small step that we can take. (Mr. VOLKMER asked and was given My colleagues had control of the ship. I wish that we could have both Repub- permission to revise and extend his re- But minimum wage was not on their licans and Democrats resolve between marks.) radar screen, my friends. Now all of a now and the end of this session, at Mr. VOLKMER. Mr. Speaker, the sudden it is a hot item and it is the Re- least we will do no more harm to work- gentleman from Pennsylvania says publicans’ fault. H8578 CONGRESSIONAL RECORD — HOUSE July 26, 1996 I tire of it, Mr. Speaker, and I believe He does not pay the minimum wage. Nevertheless, when we point that the American public tires of it and can He starts people out at the minimum out, they say, there you go, bashing. It see through it. wage, but he says, people even starting is not bashing. This is reciting what I thank the gentleman from Penn- out now at $4.25 cannot make it. they have said publicly. sylvania for yielding me the time. If the gentleman wants his name, I I think it is time we lift the mini- Mr. GOODLING. Mr. Speaker, I yield will be glad to give it to him. His name mum wage. It is way overdue. That will 2 minutes to the gentleman from Indi- is Pete Leukenhaus. He has a small be the biggest incentive to welfare re- ana [Mr. SOUDER]. business in Wentzville, MO. He believes form. Mr. SOUDER. Mr. Speaker, I am a that it should be increased had, not de- I think we need to get on with deal- little confused as to what we are debat- creased, not held the same but in- ing with the real people who keep this ing because we mostly seem to be hav- creased. country moving. It is particularly nec- ing a bash Republican session here as Mr. SOUDER. Mr. Speaker, will the essary for women. A very high percent- opposed to debating the substance. In gentleman yield? age of people on the minimum wage are other words, the House appointed con- Mr. VOLKMER. I yield to the gen- young moms trying to make it for ferees. I think the chairman in the tleman from Indiana. their kids. They are trying to make it House and the majority in the House Mr. SOUDER. Mr. Speaker, I believe for their kids because we have not are willing to move ahead. every business that can pay more given them the tough child support en- should absolutely pay more. There are I have differences with what the forcement help that they need. Now we many small businesses that are closed House did. I actually agree with much are trying to cut off any other kind of that used to pay less, and they cannot of what the Senate is trying to do be- support. make it. That is really what I am talk- cause I believe, and I get tired of hav- Raise the minimum wage. Let us do ing my motives attacked, I believe that ing about. I would have liked to have seen some this together. in actuality that the increase in the Mr. GOODLING. Mr. Speaker, I yield sort of adjustments to code to help minimum wage will hurt those who myself 15 seconds, just to remind ev- low-income people who are just start- least can afford to be hurt. eryone that the core of this debate, as ing out, particularly young mothers I know in inner-city Fort Wayne we a matter of fact, is do we expedite or do who are often divorced or single and have been trying to get a grocery store we not expedite the conference. That is trying to make it. I would like to look to relocate back there. We lost all the the only core of this debate. If we stop major downtown grocery stores. This at it. This is not the way. Mr. CLAY. Mr. Speaker, since the talking, we will expedite it. will increase their wage rates basically first week of this month, when the Sen- I would just mention that, to the best 20 percent. They already made a mar- ate passed the minimum wage bill, Re- of my knowledge, to my friend from ket decision that they could not put it publican delay has cost the gentleman Missouri, the senior Senator from Mas- there and we are making the market from Indiana’s workers, workers in his sachusetts, I think, is still a Democrat. decision more difficult. State, $5 million a week. I wish he Mr. Speaker, I yield 3 minutes to the In the small town that I grew up and would consider that when he talks gentleman from California [Mr. RIGGS]. other small towns, the increases in the about how dangerous the minimum Mr. RIGGS. Mr. Speaker, I want to minimum wage are helping to take wage is. point out to my Democratic colleagues, very marginal businesses under. We are Mr. Speaker, I yield 2 minutes to the as the person who actually offered the seeing the Wal-Martization of America gentlewoman from Colorado [Mrs. minimum wage amendment on this because suburbs can afford, through SCHROEDER]. floor, that I was joined by 92 other Re- economic growth, to afford a lot of Mrs. SCHROEDER. Mr. Speaker, I publicans in voting for that legislation this. We need to look at creative ways, thank the gentleman from Missouri for on final passage. The difference is that particularly for small businesses to yielding me the time. us 93 Republicans also support mean- deal with it. I have been interested in this debate ingful welfare reform. So while on the Basically I believe that what we are because Members come in and say, I do one hand we do believe that the Fed- debating here is not the substance of not like the bashing, and then they eral minimum wage ought to be in- the minimum wage. We voted and I proceed to bash the President, the creased, if not to keep pace with infla- lost. What we are debating is how to Democrats or whatever. tion to at least restore some of the pur- resolve this procedure, how to move Let us stop the bashing. Let us reach chasing power to the minimum wage the conferees through, how to do it. We that challenge. Let us talk about what that has been lost or eroded due to in- are not really resisting the point of is at the core of this debate. flation and to try to reverse this sort trying to get the conference done. The When I went to college, I went to an of perverse incentive in American soci- Senators have been holding up the con- out of State public university, which ety where welfare benefits in the aggre- ference. meant I was paying out-of-State tui- gate pay more than the minimum wage We want to see it move. As a fresh- tion. I had a job with the minimum job, that is to say, trying to make man who has voted on this issue, who wage and, with that job, I made enough work more attractive than welfare, is willing to argue this issue, who un- money to pay that tuition. Show me trying to make work pay more than like others have stood up and talked where you can do that today. welfare, the difference again is that we and tried to explain why I voted my Let me tell my colleagues, what the support raising the minimum wage and vote, I do not retreat from my vote. I real issue is is the minimum wage is reforming welfare. realize we have had this argument be- lower in value than it has ever been. b 1230 fore. You are talking about a 40-year low. I just wish that some of rhetoric The minimum wage was supposed to be And I do not believe a single Demo- would be toned down, that the motives the floor. cratic speaker who has come down to attacks would be toned down, and we Everybody wants to do welfare re- the floor and has been talking on this could move ahead with this process form. Everybody wants to do these particular subject, this relatively in- rather than continue what I believe has kinds of things. But if we cannot have nocuous motion to instruct conferees, become malicious bashing of our side. a job where people can sustain them- supported welfare reform when they Mr. CLAY. Mr. Speaker, I yield 1 selves, we are really showing how to- had the opportunity in this Chamber. minute to the gentleman from Missouri tally coldhearted we are. Now, the history is quite clear, col- [Mr. VOLKMER]. I think it is difficult for people who leagues. In 1992, candidate Clinton Mr. VOLKMER. Mr. Speaker, one of make $130,000 a year to stand up here promised to end welfare as we know it. my many small businessmen in my and scream about, we do not want to In 1995 and again in 1996 President Clin- rural district, he has been in business raise the minimum wage. Yet the lead- ton vetoed welfare reform. Empty rhet- for 30 years, he has approximately 25 ership on the other side of the aisle has oric spoken with the greatest of sincer- employees. Does the gentleman know said they were going to fight it with ity, followed by another broken prom- what he said? He said, the minimum every fiber in their body. They were ise. This cycle repeats itself all too wage should be increased. not going to let it go through. often with President Clinton. July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8579 So even though his party, the Demo- But the American people, again, are actually against the minimum wage cratic Party, controlled the White not fools. They know that the Demo- and have said so. House and the Congress for the first 2 cratic Party has been pushing it in this Look, the American people under- years of his Presidency, President Clin- Congress. stand this. This is a very partisan ton did nothing about welfare. He even I do not need history about what hap- issue. It has been for almost 60 years. admitted that when he finally got pened in previous Congresses. Let us Republicans have been against the around to introducing welfare reform talk about this Congress. This is the minimum wage since it was first cre- legislation, or suggesting welfare re- Congress that the Republicans have the ated in the late 1930’s, and they have form legislation to this body, it was majority, and this has been to do-noth- been against it each time it has come quite watered down, and as previous ing Republican Congress because it up since. Oh, if we bring the bill pub- speakers have already pointed out, took us so long to finally get the mini- licly out on the floor, as we have done when one controls the House and the mum wage to the floor, and we are fi- this afternoon, the Republicans are Senate, they fail to offer legislation to nally about to pass the minimum wage, back in the cloakroom, and if they fi- increase the minimum wage, which but again with 90 Republicans or 92 Re- nally have to vote on it, usually seems to sort of undermine their credi- publicans, still a majority of Repub- enough of them will join Democrats bility on this particular issue, it has licans in this Chamber, voted against that we can get it passed. taken a Republican-led Congress to raising the minimum wage, and a ma- But Americans are not fooled on this pass legislation to reform welfare as jority of Democrats overwhelmingly issue. They know that Republicans are President Clinton promised to do and supported and voted for the minimum against the minimum wage and Demo- to increase the minimum wage. wage. So the American people should crats are for it. There is another way Now, last Thursday we made it pos- understand that. That is what has hap- to put that: sible for President Clinton to again pened. My colleagues remember the econom- sign on to a serious commonsense wel- We talk about welfare reform. Well, ics of the 1980’s called trickle-down ec- fare reform package. He can either no one is going to get off the minimum onomics, the new Republican-designed keep his word to end welfare as we wage, get off a minimum wage job or economics called trickle-down. Of know it, and my colleagues can help get into a minimum wage job and get course what that was, it is if we can him do that, or he can do as usual off welfare if the minimum wage is not deny income to lower-middle-income break his word and prove yet again he worthwhile, if there is no child care, if and middle-income folks and we can in- means little or nothing of what he there is inadequate health care, and crease the income to the rich and the says. In order, though, for him to keep that is the problem with the welfare well-to-do, eventually it will trickle his word, he is going to have to stand bill. But we are discussing minimum down and help the low-income workers. up against the opposition of his party wage, and it is very clear, very simple. Democrats are not for that. We are for in the House of Representatives and The American people know the Demo- an economics which we like to call per- most of the people who have spoken crats in this Congress have been for in- colate-up. This bill is part of percolate- here on this floor today in the last few creasing the minimum wage time and up: increase the minimum wage so that minutes to the idea of genuine welfare time again, and Republicans have at the end of the month the workers in reform. The choice is his. dragged their feet every step of the this country have a little jingle in I ask all of my colleagues on the way, and again it is consistent with the their pocket, they go out and spend it, Democratic side of the aisle to join us Republicans attacking working people and that is what helps the American in raising the minimum wage and re- in this country, being against the mini- economy. It is called percolate-up. It is forming welfare. mum wage, being for gutting OSHA far different than trickle-down, and Mr. CLAY. Mr. Speaker, I yield my- and gutting all kinds of rights for there is an enormous difference be- self such time as I may consume. workers. tween Republicans and Democrats on The diversion is becoming an art in So let us get on and let us pass the this issue. this House. The subject today is mini- minimum wage. This is a victory for Mr. GOODLING. Mr. Speaker, I yield mum wage; it is not welfare reform, or the American people. 3 minutes to the gentleman from Con- capital gains, or a host of other non- Mr. GOODLING. Mr. Speaker, I yield necticut [Mr. SHAYS]. germane issues. The gentleman from myself 15 seconds just to remind the Mr. SHAYS. Mr. Speaker, this has California who just spoke, workers in gentleman from New York again he been an amazing experience because his district have lost $25 million a week had 2 years, complete majority in the this is a time in the history of Con- since the beginning of this month be- House, complete majority in the Sen- gress where two-thirds of Congress be- cause of the delay in this bill becoming ate, had the White House, never even lieves we should move forward in a cer- law. mentioned in my committee for 2 years tain direction where two-thirds of the Mr. Speaker, I yield 2 minutes to the when they had total majority anything majority party for very valid reasons gentleman from New York [Mr. ENGEL]. about the minimum wage. disagrees, and this was a test of this Mr. ENGEL. Mr. Speaker, I thank my But again I say, the senior Senator Republican Party on whether a minor- friend for yielding this time to me. As from Massachusetts delayed appointing ity within the party could have some my colleagues know, this is not Repub- in conferees over there, we delayed now opportunity to pursue with the minor- lican bashing or any other kind of about 45 minutes appointing them ity party on the other side. bashing. This is simply setting the here. We could get on with the job. All I am absolutely convinced that we record straight. we have to do is name the conferees. have been dealing in good faith on this The American people are not fools. Mr. CLAY. Mr. Speaker, I yield 11⁄2 issue. There were other issues in the They understand that the Democrats minutes to the gentleman from Mon- Senate, like some Member holding up in Congress all Congress long have been tana [Mr. WILLIAMS]. the health care bill, and it seemed log- pushing for an increase in the mini- Mr. WILLIAMS. Mr. Speaker, I thank ical that that was a bill we wanted be- mum wage. We could not even get a the gentleman for yielding this time to cause we wanted to deal with the issue procedural vote to bring the minimum me. of transportability and preexisting con- wage to the floor for months upon Perhaps the most interesting ele- dition and the health care fraud posi- months upon months. ment in this debate is how one-sided it tions there and the medical savings ac- The Republican leadership did not is. As my colleagues here and I, similar counts and so on, and that bill was want this bill. They finally are here viewers, know, the reason our good being held up by the minority party kicking and screaming every inch of friend from Pennsylvania has to stand there, and there were some on our side the way because they know that 80 per- up and keep granting himself 15 sec- who said, ‘‘Well, if that’s the case, then cent of the American people support onds and half a minute is because he the minimum wage, we’re just going to the minimum wage increase and they cannot get any Republicans to come wait on the conference report.’’ But were on the wrong side of the issue. So over here and support him on this, or both have been resolved, and we are they are cutting their losses, and they very, very few, and some who have having a debate now that is somewhat are reluctantly coming to the table. come over and supported him on it are academic because I understand as soon H8580 CONGRESSIONAL RECORD — HOUSE July 26, 1996 as the debate is over we will have indi- According to the Labor Department, Consider that since the early 1970's, the viduals appointed to the conference if we had gone ahead on July 1, we benefits of economic growth have unevenly committee. would have provided the American peo- distributed among workers. Raising the mini- But I just want to, one, thank my ple 31⁄2 months of groceries, or 41⁄2 mum wage would help ameliorate this trend. leadership for their willingness in my months of utility bills or 2 months of The positive effects of the minimum wage conference and particularly the Mem- rent. My own State of Texas, the work- are not felt solely by low-income households, bers who strongly disagreed because ers there have lost $19 million a week but minimum wage workers are overrepre- they thought it would and still believe because we did not increase the mini- sented in poor and moderate-income house- that jobs would be at risk and that mum wage when this House voted for it holds. profits will be at risk and that prices and the Senate voted for it. Workers Consequently, the minimum wage is an im- would be at risk. We disagree, those of have lost nearly $4 billion because of portant component of a broad-based policy to us who support raising the minimum the Republican delay. help low-wage workers, particularly in house- wage. That is why we are debating this on holds that are working hard to keep them- We have a very good debate on the the floor of the House. selves and their families in self-sufficiency. floor of the House. I believe people on And might I take on my colleagues With wages stagnant, people are spending both sides of the aisle were dealing in on the issue of welfare reform? I do not less money. As a result, companies profits are good faith. Two-thirds of this con- mind discussing it, because we are so way up and inflation adjusted wages and ben- ference wants to move forward on the eager to talk about welfare reform, efits are climbing at less than half the pace of minimum wage. I think that will hap- which I agree with, but at the same previous economic expansions. pen, and to the credit of this majority time we do not want to give the Amer- And with growth in consumer spending party we just did not vote out a mini- ican workers a decent working wage. I down, that means that per capita GDP growth mum-wage package, we voted out a support welfare reform with job train- is way below projected trend. package of economic stimulus tax cred- ing, with child care, with health care So what does all this mean for you? As its for those individuals who are hiring and jobs. But I recognize that the fact many of my colleagues on the other side are the least employable. So I think we got that we have had a minimum wage seriously considering reductions in the earned a better bill through the synergies that that was less than a minimum wage in income tax credit, workers who are impacted exist. 1962 in terms of buying power, we are by a stagnant minimum wage are in large part I recognize that the Democrat Party not doing anything to suggest to peo- the same people who would be hurt by cuts in has been pushing the minimum wage, ple get off welfare but yet do not have the tax credit. that they cut a clear majority on their the jobs or the income to be able to And in this age of personal responsibility, side, they had a role to play in this survive, for when one gets off welfare here's the incentive to move out of poverty. process. But this side of the aisle, and they do still need health care. I know that my colleagues vote in favor of I do make the point, as has been illus- This is an important step. I am just this small effort to help hard-working Ameri- trated, but they did have 2 years when so sorry that we did not move more cans struggle to keep themselves and their they were in power they could have sooner so that the billions of dollars families out of poverty. I urge my colleagues brought this bill up. And we do under- that have been lost already by the to support this bill. stand that there is a lot of politics in- American worker could have been cor- b volved in this process, as well. rected, so that more families could buy 1245 But to the credit, we are moving for- groceries, so more could pay utility Mr. CLAY. Mr. Speaker, I yield back ward, we will see Members appointed to bills, and, yes, those who maybe were the balance of my time. the conference committee, and I urge without homes could be in apartments Mr. GOODLING. Mr. Speaker, I yield adoption of this conference effort. now paying rent. back the balance of my time. Mr. GOODLING. Mr. Speaker, I yield That is really the cause of the ire of The Speaker pro tempore (Mr. myself such time as I may consume. those of us on this side of the aisle. We TORKILDSEN). Without objection, the Mr. Speaker, I merely say again we did not need to be voting on this today. previous question is ordered on the mo- are here to appoint conferees, which We could have been voting for the tion to instruct. that means we want to move ahead, we American worker on July 4, really cele- There was no objection. do not want to delay, but we have lost brating this holiday of independence The SPEAKER pro tempore. The 50 minutes now. We probably could and celebration. question is on the motion to instruct have solved it all in 50 minutes if we And so, Mr. Speaker, I think it is ex- offered by the gentleman from Penn- could have just named the conferees tremely important that we do move sylvania [Mr. GOODLING]. and sat down and got in conference, forward. I hope the conferees will spend The question was taken; and the and it may be all over by this time. more time in discussing how we can Speaker pro tempore announced that But again I know it is a political help the American worker. I hope it the ayes appeared to have it. year. And I yield back the balance of will spend time listening to economists Mr. CLAY. Mr. Speaker, I object to my time. who will say that increasing the mini- the vote on the ground that a quorum Mr. CLAY. Mr. Speaker, I yield 3 mum wage a mere 95 cents does not is not present and make the point of minutes to the gentlewoman from hurt small businesses, it does help the order that a quorum is not present. Texas [Ms. JACKSON-LEE]. economy , it does help circulate dollars The SPEAKER pro tempore. Evi- (Ms. JACKSON–LEE of Texas asked into the economy so that consumers dently a quorum is not present. and was given permission to revise and will have more money. And we recog- The Sergeant at Arms will notify ab- extend her remarks.) nize that those individuals with the sent Members. Ms. JACKSON-LEE of Texas. Mr. least amount of money are our greater The vote was taken by electronic de- Speaker, I thank my good friend for consumers. Give them the opportunity vice, and there were—yeas 365, nays 26, yielding this time to me. And I might to get a fair day’s wage for a fair day’s not voting 42, as follows: say to the gentleman from Pennsylva- work. Vote for this minimum-wage [Roll No. 369] nia in fact this is an important debate. conference so that we can stand with YEAS—365 It is 50 minutes, but I would say to the the Americans. I am sorry it is so late. American people it has been a long Mr. PAYNE of New Jersey. Mr. Speaker, Abercrombie Bass Bonilla Allard Bateman Bonior time since the Senate passed the mini- today I rise in support of American workers Andrews Becerra Bono mum wage. I would ask my Republican and in support of an increase in the national Archer Beilenson Borski colleagues, why so long? Why not then, minimum wage. Every day, we hear how the Bachus Bentsen Brewster Baesler Bereuter Browder on July 1, and certainly before July 4? living standards of Americans are steadily Baker (CA) Bilbray Brown (CA) Why not recognize that since the Sen- eroding. And finally, we are looking at a bipar- Baldacci Bilirakis Brown (FL) ate passed the minimum-wage in- tisan effort to increase the living standards for Ballenger Bishop Brown (OH) crease, American workers, some 5 mil- millions of Americans who are looking to take Barcia Bliley Brownback Barrett (NE) Blute Bryant (TN) lion of them who earn less than $4.70, personal responsibility and keep them and Barrett (WI) Boehlert Bryant (TX) would have already gotten a raise? their families off welfare. Bartlett Boehner Bunn July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8581 Bunning Gunderson Mollohan Torkildsen Wamp Wilson LEGISLATIVE PROGRAM Burr Gutierrez Montgomery Torres Ward Wise Burton Gutknecht Moorhead Towns Watt (NC) Wolf (Mrs. KENNELLY asked and was Buyer Hall (OH) Moran Traficant Watts (OK) Woolsey given permission to address the House Callahan Hall (TX) Morella Upton Waxman Wynn for 1 minute.) Calvert Hamilton Murtha Velazquez Weldon (FL) Yates Mrs. KENNELLY. Mr. Speaker, I Camp Hansen Myers Vento Weldon (PA) Young (AK) Canady Harman Myrick Visclosky Weller Zeliff yield to the gentleman from Texas [Mr. Cardin Hastert Nadler Volkmer White Zimmer DELAY], the distinguished majority Castle Hastings (WA) Neal Vucanovich Whitfield whip, for the purpose of asking the Chabot Hayworth Neumann Walsh Williams Christensen Hefley Ney schedule for the remainder of this week NAYS—26 Chrysler Hefner Norwood and for next week. Clay Heineman Nussle Armey Doolittle Sanford Mr. DELAY. I thank the distin- Clayton Herger Oberstar Barr Ehrlich Shadegg guished vice chairman of the Demo- Clement Hilleary Obey Barton Goss Souder cratic Caucus for yielding. Clinger Hilliard Olver Campbell Hoekstra Stump Clyburn Hinchey Ortiz Chambliss Inglis Thornberry Mr. Speaker, I am pleased to an- Coble Hobson Orton Chenoweth Kingston Tiahrt nounce that the House has concluded Coburn Hoke Owens Combest Kolbe Walker its legislative business for the week. Collins (GA) Horn Oxley Crane McIntosh Wicker We will next meet on Monday, July DeLay Royce Collins (MI) Hostettler Packard 29, at 12:30 p.m. for morning hour and Condit Houghton Pallone NOT VOTING—42 Conyers Hoyer Parker at 2 p.m. to consider a slew of suspen- Cooley Hunter Pastor Ackerman Geren Miller (CA) sions. Members should be advised that Costello Hyde Paxon Baker (LA) Hancock Miller (FL) any recorded votes ordered will be Cox Istook Payne (VA) Berman Hastings (FL) Nethercutt Coyne Jackson (IL) Peterson (MN) Bevill Hayes Payne (NJ) postponed until Tuesday, July 30, at 2 Crapo Jackson-Lee Petri Blumenauer Holden Pelosi p.m. Please note that there is a possi- Cubin (TX) Pickett Boucher Hutchinson Peterson (FL) bility that votes could occur later than Cummings Jacobs Pombo Chapman LaHood Quillen 2 p.m., although we cannot guarantee Cunningham Jefferson Pomeroy Coleman Laughlin Roberts Danner Johnson (CT) Porter Collins (IL) Lewis (CA) Scarborough it. Davis Johnson (SD) Portman Cramer Lincoln Seastrand On Tuesday, July 30, the House will de la Garza Johnson, E. B. Poshard Cremeans Martinez Studds meet at 9 a.m. for morning hour and at Deal Johnson, Sam Pryce Doggett McDade Torricelli 10 a.m. for legislative business. The Ford Meehan Waters DeFazio Johnston Quinn House will continue consideration of DeLauro Jones Radanovich Gejdenson Mica Young (FL) suspensions before turning to H.R. 2391, Dellums Kanjorski Rahall b Deutsch Kaptur Ramstad 1304 the Working Families Flexibility Act. Diaz-Balart Kasich Rangel Messrs. TIAHRT, STUMP ARMEY, For Wednesday, July 31 and the bal- Dickey Kelly Reed E ance of the week, the House will debate Dicks Kennedy (MA) Regula D LAY, COMBEST, EHRLICH, INGLIS Dingell Kennedy (RI) Richardson of South Carolina, DOOLITTLE, the following measures, both of which Dixon Kennelly Riggs WALKER, SANFORD, and GOSS, Mrs. will be subject to rules: H.R. 2823, the Dooley Kildee Rivers CHENOWETH, and Messrs. ROYCE, International Dolphin Conservation Dornan Kim Roemer Program Act; and H.R. 123, English as Doyle King Rogers WICKER, CHAMBLISS, BARTON of Dreier Kleczka Rohrabacher Texas, and KOLBE changed their vote the Common Language of Government Duncan Klink Ros-Lehtinen from ‘‘yea’’ to ‘‘nay.’’ Act. Dunn Klug Rose So the motion to instruct was agreed Mr. Speaker, it is my belief that a Durbin Knollenberg Roth number of conference reports may be Edwards LaFalce Roukema to. Ehlers Lantos Roybal-Allard The result of the vote was announced ready next week. Among the possibili- Engel Largent Rush as above recorded. ties the House may consider are wel- English Latham Sabo A motion to reconsider was laid on fare reform, health care reform, safe Ensign LaTourette Salmon drinking water and, of course, any ap- Eshoo Lazio Sanders the table. Evans Leach Sawyer The SPEAKER pro tempore (Mr. propriations bills that are ready. Mr. Speaker, the House should finish Everett Levin Saxton TORKILDSEN). Without objection, the Ewing Lewis (GA) Schaefer Chair appoints the following conferees: its business and commence the August Farr Lewis (KY) Schiff district work period by 2 p.m. on Fri- Fattah Lightfoot Schroeder From the Committee on Ways and Fawell Linder Schumer Means, for consideration of the House day, August 2. Mrs. KENNELLY. I thank the gen- Fazio Lipinski Scott bill, except for title II, and the Senate Fields (LA) Livingston Sensenbrenner tleman. Fields (TX) LoBiondo Serrano amendment numbered 1, and modifica- Mr. Speaker, I would like to further Filner Lofgren Shaw tions committed to conference: Messrs. ask, does the gentleman expect the Flake Longley Shays ARCHER, CRANE, THOMAS, GIBBONS, and Flanagan Lowey Shuster minimum wage conference report to be Foglietta Lucas Sisisky RANGEL. considered next week? Foley Luther Skaggs As additional conferees from the Mr. DELAY. If the gentlewoman will Forbes Maloney Skeen Committee on Economic and Edu- Fowler Manton Skelton yield further, as the gentlewoman Fox Manzullo Slaughter cational Opportunities, for consider- knows, the minimum wage portion of Frank (MA) Markey Smith (MI) ation of sections 1704(h)(1)(B) and the bill is the same in both Houses. We Franks (CT) Martini Smith (NJ) 1704(l) of the House bill and sections hope after vigorous consultations and Franks (NJ) Mascara Smith (TX) 1421(d), 1442(b), 1442(c), 1451, 1457, Frelinghuysen Matsui Smith (WA) negotiations with the Senate through Frisa McCarthy Solomon 1460(b), 1460(c), 1461, 1465, and the conference committee that the tax Frost McCollum Spence 1704(h)(1)(B) of the Senate amendment provisions will be worked out and we Funderburk McCrery Spratt numbered 1, and modifications com- Furse McDermott Stark have every intention of bringing that Gallegly McHale Stearns mitted to conference: Messrs. GOOD- conference report back to this House Ganske McHugh Stenholm LING, FAWELL, BALLENGER, CLAY, and for a vote, hopefully in the next week. Gekas McInnis Stockman OWENS. But the gentlewoman knows as well as Gephardt McKeon Stokes As additional conferees from the Gibbons McKinney Stupak I do, conference committees can slow Gilchrest McNulty Talent Committee on Economic and Edu- down. Gillmor Meek Tanner cational Opportunities, for consider- Mrs. KENNELLY. I thank the gen- Gilman Menendez Tate ation of title II of the House bill and tleman. Gonzalez Metcalf Tauzin Goodlatte Meyers Taylor (MS) the Senate amendments numbered 2–6, Mr. Speaker, I would just like to ask Goodling Millender- Taylor (NC) and modifications committed to con- a few further questions. Does the gen- Gordon McDonald Tejeda ference: Messrs. GOODLING, FAWELL, tleman think we will complete the Graham Minge Thomas BALLENGER, RIGGS, CLAY, OWENS, and Green (TX) Mink Thompson comp time bill next week? Greene (UT) Moakley Thornton HINCHEY. Mr. DELAY. That is certainly our Greenwood Molinari Thurman There was no objection. hope and our intention. H8582 CONGRESSIONAL RECORD — HOUSE July 26, 1996 Mrs. KENNELLY. Mr. Speaker, I Mr. COMBEST. I appreciate the gen- was allowed in the last farm bill, the Food, Ag- have noticed we do have a great deal on tleman yielding. riculture, Conservation, and Trade Act of the plate obviously because we are Mr. Speaker, H.R. 3900 is a short and 1990. Rather than leave the issue open for in- going to finish and go on August break simple bill to address two problems re- terpretation, this bill more clearly defines the next week. lated to the implementation of the 1996 parameters under which farmers can plant a We have heard that the DOD, the Ag- farm bill, or the Federal Agriculture second crop without incurring an acre-for-acre riculture, the foreign operations, the Improvement and Reform Act. This bill reduction in their market transition payment. legislatve branch and the immigration has been the subject of many staff dis- In Texas, blackeyed peas are historically conferences might also come up. Could cussions between Republicans and grown on failed cotton acreage. They make for the gentleman address the possibility Democrats on the House Agriculture an excellent followup crop to cotton compared of those conference reports? Committee and with staff of the De- to other crops, because they more readily Mr. DELAY. If the gentlewoman will partment of Agriculture. I have person- adapt to the herbicides used in cotton plant- yield further, certainly the Committee ally visited with my good friend, Sec- ing. More importantly, blackeyed peas allow on Appropriations of the House is retary Dan Glickman, about the first producers an opportunity to grow a crop that: working as hard as they can to see that part of this bill and he supports mak- First, requires considerably less water during that happens. We are trying to get as ing this change. times of drought; second, serves as an excel- many appropriations bills to the Presi- The first part of the bill simply al- lent ground cover, even if they only get a few dent as quickly as possible in anticipa- lows farmers to plant a secondary crop weeks growth; third, assists with fertilization tion of adjourning on October 4. of fruits or vegetables on their farm for next year's crop by contributing nitrogen to Mrs. KENNELLY. So the above men- program acreage following a crop the soil, and fourth, provides lenders additional tioned will be going to conference, or which has failed earlier in the year. incentive to work with difficult credit situations the gentleman is going to try to see if This practice, referred to as ghost like many farmers are experiencing now. Most they will go to conference? acres, has been allowed for several States have similar cropping substitutes. Mr. DELAY. If the gentlewoman will years but is being disallowed this year Maybe it goes without saying, but every true continue to yield, we certainly want to due to the interpretation of the new Texan knows that any good luck throughout go to conference on those bills any way farm bill by USDA. Allowing this prac- the year can easily be traced back to those that we can next week so that we can tice clarifies the intent of Congress and traditional servings of blackeyed peas on New stay on our schedule. does not violate the spirit of any agree- Year's Day. If this year's farm bill is really Mrs. KENNELLY. I thank the distin- ments made on the issue of planting about flexibility, it is important that producers guished majority whip. flexibility under the new farm bill. who operate outside those counties currently f It is unfortunate that the passage of designated as double cropping regions, but this legislation has become necessary who have traditionally been able to plant a ADJOURNMENT TO MONDAY, JULY and many of us believe that this prob- 29, 1996 commodity in lieu of a failed program crop, lem could have been more easily re- continue to have that opportunity. I am con- Mr. DELAY. Mr. Speaker, I ask unan- solved by a more appropriate interpre- fident that it was not the plan by the authors imous consent that when the House ad- tation of this provision by USDA. Lan- of this farm bill to prohibit or restrict planting journs today it adjourn to meet at 12:30 guage very similar to this was recently options relative to the past, and I feel certain p.m. on Monday next for morning hour inserted into the Agriculture appro- that their aim was, at a bare minimum, to debates. priations bill on the Senator floor. maintain the producer's freedom to farm his The SPEAKER pro tempore. Is there However, enactment of this change is land at 1990 levels. objection to the request of the gen- needed now to allow farmers to get With the passing of this bill, we also encour- tleman from Texas? their crops into the field immediately. age the Secretary of Agriculture to provide There was no objection. The second provision of H.R. 3900 re- specific guidance to those producers who are f quires the issuance of new regulations considering bringing their land back into pro- by the Department of Agriculture for DISPENSING WITH CALENDAR duction from the Conservation Reserve Pro- the Conservation Reserve Program by WEDNESDAY BUSINESS ON gram. I understand the excessive workload September 15. This requirement is WEDNESDAY NEXT that the Department is facing in issuing all the needed because rural Americans have rules and regulations associated with this farm Mr. DELAY. Mr. Speaker, I ask unan- already waited too long to hear what bill's implementation and the staffs of all those imous consent that the business in the details of the new CRP program agencies involved should be commended for order under the Calendar Wednesday will be and need to make decisions as the long hours and headaches they have en- rule be dispensed with on Wednesday to the future use of their land. dured this summerÐbut it is very important next. Mr. Speaker, this bill has bipartisan that the eligibility requirements be determined The SPEAKER pro tempore. Is there support in both Houses of Congress and and announced as soon as is reasonably pos- objection to the request of the gen- I urge its immediate adoption. sible so that CRP contract holders can know tleman from Texas? Mr. DE LA GARZA. I thank the gen- what to expect. There was no objection. tleman. I support this bill and urge my colleagues to f Mr. Speaker, further reserving the right to object, I yield to the gen- do the same. AGRICULTURAL MARKET tleman from Texas [Mr. STENHOLM]. Mr. DE LA GARZA. Mr. Speaker, I rise in TRANSITION ACT AMENDMENTS (Mr. STENHOLM asked and was support of H.R. 3900. Mr. COMBEST. Mr. Speaker, I ask given permission to revise and extend This bill will give the U.S. Department of Ag- unanimous consent that the Commit- his remarks.) riculture much needed direction in the interpre- tee on Agriculture be discharged from Mr. STENHOLM. I thank the gen- tation of the Federal Agriculture Improvement further consideration of the bill (H.R. tleman for yielding. and Reform Act of 1996ÐFAIR ActÐwhich we 3900) to amend the Agricultural Market Mr. Speaker, I strongly support this passed earlier this year. Transition Act to provide greater unanimous-consent request. H.R. 3900 is very simple. First, it reaffirms planting flexibility, and for other pur- Mr. Speaker, as you know, the Federal Agri- the Department's ability to continue the prac- poses, and ask for its immediate con- cultural Improvement and Reform Act of 1996 tice of ghost acres. Under prior farm bills, pro- sideration in the House. contains a provision under section 118 which ducers who suffered a natural disaster could The Clerk read the title of the bill. prohibits the planting of most fruit and vegeta- plant a second crop of their choosing without The SPEAKER pro tempore. Is there ble crops on contract acreage, with three nar- having any impact on their participation in objection to the request of the gen- row exceptions. The primary intent of this pro- commodity programs. This practice allowed tleman from Texas? vision is to prevent the subsidization of fruit producers the ability to try to recoup some of Mr. DE LA GARZA. Mr Speaker, re- and vegetable production in competition with their losses when Mother Nature was in an serving the right to object, I yield to traditionally nonsubsidized producers of these unkind mood. the gentleman from Texas [Mr. COM- crops, yet allow for the same flexibility to plant The second provision in H.R. 3900 will re- BEST] for an explanation of the bill. fruits, vegetables, or other commodities as quire the Department to issue regulations by July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8583 September 15, 1996 to implement the Con- Sec. 1 Increased Planting Flexibility.—Sec- The SPEAKER pro tempore. Under a servation Reserve Program which was amend- tion 118 of the Agricultural Market Transi- previous order of the House, the gentle- ed by the FAIR Act. Producers and land- tion Act (7 U.S.C. 7218) is amended by adding woman from Connecticut [Ms. the following new paragraph to subsection DELAURO] is recognized for 5 minutes. owners in many parts of the country are won- (b)(2): dering what the parameters of the new pro- ‘‘(D) by a producer on contract acreage fol- [Ms. DELAURO addressed the House. gram will be and this provision will spur the lowing a crop that fails due to conditions be- Her remarks will appear hereafter in Department on to work out the new regula- yond the producer’s control.’’. the Extensions of Remarks.] tions in a timely fashion. Sec. 2. Conforming Amendment.—Sub- f Mr. ROBERTS. Mr. Speaker, I rise in sup- section 118(b)(2) is amended: The SPEAKER pro tempore. Under a port of H.R. 3900 which requires the USDA to (a) in paragraph (B), by striking ‘‘or’’; and previous order of the House, the gen- publish its regulations governing the Con- (b) in clause (ii) of paragraph (C), by strik- ing ‘‘vegetable.’’ and inserting ‘‘vegetable; tleman from Indiana [Mr. BURTON] is servation Reserve Program by September 1, or’’. recognized for 5 minutes. 1996. Since its inception in 1985, the CRP Sec. 3. Conservation Reserve Program Reg- [Mr. BURTON addressed the House. has been a valuable tool for America's farm- ulations.—Not later than September 15, 1996, ers. The CRP allows producers to protect frag- the Secretary shall issue regulations to im- His remarks will appear hereafter in ile, highly erodible land from further deteriora- plement the Conservation Reserve Program the Extensions of Remarks.] tion by signing contracts to remove the land (16 U.S.C. 3831 et seq.), as amended by section f from production and place it under a managed 332 of the Federal Agriculture Improvement The SPEAKER pro tempore. Under a conservation practice in exchange for fixed an- and Reform Act of 1996 (Pub. L. 104–127, April previous order of the House, the gentle- 4, 1996). nual payments. While the CRP has achieved woman from Colorado [Mrs. SCHROE- AMENDMENT OFFERED BY MR. COMBEST considerable reductions in wind erosion, it also DER] is recognized for 5 minutes. Mr. COMBEST. Mr. Speaker, I offer provides excellent wildlife habitat for pheas- [Mrs. SCHROEDER addressed the ants, quail, and other animals that inhabit the an amendment. The SPEAKER pro tempore (Mr. House. Her remarks will appear here- American plains. after in the Extensions of Remarks.] Mr. Speaker, I am concerned that the regu- TORKILDSEN). The Clerk will report the f lations governing the future of the CRP have amendment. been repeatedly delayed by the USDA. Farm- The Clerk read as follows: The SPEAKER pro tempore. Under a ers need to know all of the details of the Fed- Amendment offered by Mr. COMBEST: previous order of the House, the gen- eral agricultural policies that affect their ability On page 2 Line 7 strike ‘‘in’’ and insert ‘‘at tleman from California [Mr. RIGGS] is to make commonsense farm management and the end of’’. recognized for 5 minutes. production decisions. For weeks I have been Mr. COMBEST. Mr. Speaker, I would [Mr. RIGGS addressed the House. His hopeful that the USDA would issue its policy just mention this is strictly technical. remarks will appear hereafter in the guidelines regarding the future of the CRP so It is to further clarify in the amend- Extensions of Remarks.] that farmers could have full knowledge of the ment a misinterpretation that had f rules that will govern their program participa- been earlier made, and it is purely The SPEAKER pro tempore. Under a tion before they signed up for the 7-year farm technical and clarifying in nature. previous order of the House, the gentle- The SPEAKER pro tempore. The program. woman from Texas [Ms. JACKSON-LEE Unfortunately, in the more than 3 months question is on the amendment offered of Texas] is recognized for 5 minutes. that have passed since the new farm bill was by the gentleman from Texas [Mr. COM- [Ms. JACKSON-LEE of Texas ad- enacted, USDA has provided only the barest BEST]. dressed the House. Her remarks will of details. While the USDA has allowed CRP The amendment was agreed to. appear hereafter in the Extensions of contract holders to extend their contracts for The bill was ordered to be engrossed Remarks.] an additional year, farmers have no certainty and read a third time, was read the regarding the long-term future of the CRP. third time, and passed, and a motion to f With the world currently experiencing a grain reconsider was laid on the table. STATUS REPORT ON THE CUR- supply shortage, many farmers worry that the f RENT LEVELS OF ON-BUDGET CRP will be abandoned completely. At the GENERAL LEAVE SPENDING AND REVENUES FOR same time, others worry that continuing to ex- FISCAL YEAR 1997 AND FOR THE tend the CRP on a year-to-year basis discour- Mr. COMBEST. Mr. Speaker, I ask 5-YEAR PERIOD FISCAL YEAR ages farmers from doing what they do bestÐ unanimous consent that all Members 1997 THRU FISCAL YEAR 2001 feed a hungry and troubled world. may have 5 legislative days within Mr. Speaker, farmers need long-term guid- which to revise and extend their re- The SPEAKER pro tempore. Under a ance from the USDA so they can make crucial marks on H.R. 3900. previous order of the House, the gen- production decisions. The new farm bill re- The SPEAKER pro tempore. Is there tleman from Ohio [Mr. KASICH] is rec- quired that the USDA publish its CRP regula- objection to the request of the gen- ognized for 5 minutes. tions within 90 days of passageÐthey are al- tleman from Texas? Mr. KASICH. Mr. Speaker, to facilitate appli- ready 2 weeks pass that deadline. With farm- There was no objection. cation of sections 302 and 311 of the Con- ers already preparing to plant next year's f gressional Budget Act, I am transmitting a sta- tus report on the current levels of on-budget wheat crop this fall, it is important that they GENERAL LEAVE know what the CRP rules will be both for next spending and revenues for fiscal year 1997 year and for the years to come. Mr. WHITE. Mr. Speaker, I ask unan- and for the 5-year period fiscal year 1997 The CRP debate has dragged on for long imous consent that all Members may through fiscal year 2001. enough. America's farmers deserved an an- have 5 legislative days in which to re- The term ``current level'' refers to the swer long before now. They should not have vise and extend their remarks and in- amounts of spending and revenues estimated to wait any longer. clude extraneous material on H. Res. for each fiscal year based on laws enacted or Mr. DE LA GARZA. Mr. Speaker, I 488. awaiting the President's signature as of July withdraw my reservation of objection. The SPEAKER pro tempore. Is there 22, 1996. objection to the request of the gen- The first table in the report compares the b 1315 tleman from Washington? current level of total budget authority, outlays, The SPEAKER pro tempore (Mr. There was no objection. and revenues with the aggregate levels set by TORKILDSEN). Is there objection to the f House Concurrent Resolution 178, the concur- request of the gentleman from Texas? rent resolution on the budget for fiscal year There was no objection. SPECIAL ORDERS 1997. These levels are consistent with the re- The Clerk read the bill, as follows: The SPEAKER pro tempore. Under cent revisions made pursuant to section H.R. 3900 the Speaker’s announced policy of May 606(e) of the Congressional Budget Act of Be it enacted by the Senate and House of Rep- 12, 1995, and under a previous order of 1974 as amended by the Contract with Amer- resentatives of the United States of America in the House, the following Members will ica Advancement ActÐPublic Law 204±121Ð Congress assembled, be recognized for 5 minutes each. which provides additional new budget authority H8584 CONGRESSIONAL RECORD — HOUSE July 26, 1996 and outlays to pay for continuing disability re- and outlays among appropriations subcommit- BUDGET AUTHORITY views. This comparison is needed to imple- tees. This comparison is also needed to imple- Enactment of measures providing any new ment section 311(a) of the Budget Act, which ment section 302(f) of the Budget Act, be- budget authority for FY 1997 in excess of creates a point of order against measures that cause the point of order under that section $481,453,000,000 (if not already included in the would breach the budget resolution's aggre- also applies to measures that would breach current level estimate) would cause FY 1997 gate levels. The table does not show budget the applicable section 602(b) suballocation. budget authority to exceed the appropriate authority and outlays for years after fiscal year The revised section 602(b) suballocations level set by H. Con. Res. 178. 1997 because appropriations for those years were filed by the Appropriations Committee on have not yet been considered. July 12, 1996. OUTLAYS The second table compares the current lev- REPORT TO THE SPEAKER FROM THE Enactment of measures providing any new els of budget authority, outlays, and new enti- COMMITTEE ON THE BUDGET budget or entitlement authority that would tlement authority of each direct spending com- STATUS OF THE FISCAL YEAR 1997 CONGRES- increase FY 1997 outlays in excess of mittee with the section 602(a) allocations for $286,341,000,000 (if not already included in the discretionary action made under House Con- SIONAL BUDGET ADOPTED IN HOUSE CONCUR- RENT RESOLUTION 178 current level estimate) would cause FY 1997 current Resolution 178 for fiscal year 1997 outlays to exceed the appropriate level set and for fiscal years 1997 through 2001. Dis- REFLECTING ACTION COMPLETED AS OF JULY 22, 1996 by H. Con. Res. 178. cretionary action refers to legislation enacted [On-budget amounts, in millions of dollars] after adoption of the budget resolution. This REVENUES comparison is needed to implement section Fiscal year Fiscal year 1997 1997–2001 Enactment of any measure that would re- 302(f) of the Budget Act, which creates a point sult in a revenue loss in excess of of order against measures that would breach Appropriate level (as set by H. Con. $16,612,000,000 in FY 1997 (if not already in- the section 602(a) discretionary action alloca- Res. 178): Budget authority ...... 1,314,785 6,956,507 cluded in the current level estimate) or in tion of new budget authority or entitlement au- Outlays ...... 1,311,171 6,898,627 excess of $57,580,000,000 for FY 1997 through thority for the committee that reported the Revenues ...... 1,083,728 5,913,303 Current level: 2001 (if not already included in the current measure. It is also needed to implement sec- Budget authority ...... 833,332 NA level estimate) would cause revenues to be tion 311(b), which exempts committees that Outlays ...... 1,024,830 NA Revenues ...... 1,100,340 5,970,883 less than the recommended levels of revenue comply with their allocations from the point of Current level over (+)/ under (¥) set by H. Con. Res. 178. order under section 311(a). appropriate level: Budget Authority ...... ¥481,453 NA The third table compares the current levels Outlays ...... ¥286,341 NA of discretionary appropriations for fiscal year Revenues ...... 16,612 57,580 1996 with the revised section 602(b) sub- NA=Not applicable because annual appropriations act for fiscal years allocations of discretionary budget authority 1998 through 2001 will not be considered until future sessions of Congress. DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 1997—COMPARISON OF CURRENT LEVEL WITH SUBALLOCATIONS PURSUANT TO BUDGET ACT SECTION 602(b) [In millions of dollars]

Revised 602(b) suballocations (July 12, 1996) Current level reflecting action completed (July Difference 22, 1996) General purpose Violent crime General purpose Violent crime General purpose Violent crime BA O BA O BA O BA O BA O BA O

Agriculture, Rural Development ...... 12,802 13,349 0 0 0 3,853 0 0 12,802 9,4960 0 0 Commerce, Justice, State ...... 24,493 24,939 4,525 2,951 0 6,451 0 1,477 24,493 18,488 4,525 1,474 Defense ...... 245,065 243,372 0 0 0 80,745 0 0 245,065 162,627 0 0 District of Columbia ...... 718 718 0 0 0 0 0 0 718 718 0 0 Energy & Water Development ...... 19,418 19,652 0 0 0 6,833 0 0 19,418 12,819 0 0 Foreign Operations ...... 11,950 13,311 0 0 72 8,253 0 0 11,878 5,058 0 0 Interior ...... 12,118 12,920 0 0 138 4,855 0 0 11,980 8,065 0 0 Labor, HHS & Education ...... 65,625 69,602 61 38 1,858 40,615 0 20 63,767 28,987 61 18 Legislative Branch ...... 2,188 2,179 0 0 0 214 0 0 2,188 1,965 0 0 Military Construction ...... 10,033 10,430 0 0 0 7,204 0 0 10,033 3,226 0 0 Transportation ...... 12,190 35,453 0 0 0 23,785 0 0 12,190 11,668 0 0 Treasury-Postal Service ...... 11,016 10,971 97 84 0 2,381 0 9 11,016 8,590 97 75 VA-HUD-Independent Agencies ...... 64,354 78,803 0 0 365 47,492 0 0 63,989 31,311 0 0 Reserve ...... 722 0 0 0 0 0 0 0 722 0 0 0 Grand total ...... 492,692 535,699 4,683 3,073 2,433 232,681 0 1,506 490,259 303,018 4,683 1,567

DIRECT SPENDING LEGISLATON—COMPARISON OF CURRENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT TO BUDGET ACT SECTION 602(a) REFLECTING ACTION COMPLETED AS OF JULY 22, 1996 [Fiscal years, in millions of dollars]

1997 1997–2001 House committee BA Outlays NEA BA Outlays NEA

Agriculture: Allocaton ...... 0 0 0 0 0 4,996 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 ¥4,996 National Security: Allocation ...... ¥1,579 ¥1,579 0 ¥664 ¥664 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 1,579 1,579 0 664 664 0 Banking, Finance and Urban Affairs: Allocation ...... ¥128 ¥3,700 0 ¥711 ¥4,004 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 128 3,700 0 711 4,004 0 Economic and Educational Opportunities: Allocation ...... ¥912 ¥800 ¥152 ¥3,465 ¥3,153 7,669 Current Level ...... 0 0 0 0 0 0 Difference ...... 912 800 152 3,465 3,153 ¥7,669 Commerce: Allocation ...... 0 0 370 ¥14,540 ¥14,540 ¥41,710 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 ¥370 14,540 14,540 41,710 International Relations: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Government Reform and Oversight: Allocation ...... ¥1,078 ¥1,078 ¥289 ¥4,605 ¥4,605 ¥1,668 Current Level ...... 0 0 0 0 0 0 Difference ...... 1,078 1,078 289 4,605 4,605 1,668 House Oversight: Allocation ...... 0 0 0 0 0 0 July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8585 DIRECT SPENDING LEGISLATON—COMPARISON OF CURRENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT TO BUDGET ACT SECTION 602(a) REFLECTING ACTION COMPLETED AS OF JULY 22, 1996—Continued [Fiscal years, in millions of dollars]

1997 1997–2001 House committee BA Outlays NEA BA Outlays NEA

Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Resources: Allocation ...... ¥91 ¥90 ¥12 ¥1,401 ¥1,460 ¥59 Current Level ...... 0 0 0 0 0 0 Difference ...... 91 90 12 1,401 1,460 59 Judiciary: Allocation ...... 0 0 0 ¥357 ¥357 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 357 357 0 Transportation and Infrastructure: Allocation ...... 2,280 0 0 125,989 521 2 Current Level ...... 0 0 0 0 0 0 Difference ...... ¥2,280 0 0 ¥125,989 ¥521 ¥2 Science: Allocation ...... 0 0 0 ¥13 ¥13 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 13 13 0 Small Business: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Veterans’ Affairs: Allocation ...... ¥90 ¥90 224 ¥919 ¥919 3,475 Current Level ...... 0 0 0 0 0 0 Difference ...... 90 90 ¥224 919 919 ¥3,475 Ways and Means: Allocation ...... ¥8,973 ¥9,132 ¥2,057 ¥134,211 ¥134,618 ¥10,743 Current Level ...... 0 0 0 0 0 0 Difference ...... 8,973 9,132 2,057 134,211 134,618 10,743 Unassigned: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Total authorized: Allocation ...... ¥10,571 ¥16,469 ¥1,916 ¥34,897 ¥168,812 ¥38,038 Current Level ...... 0 0 0 0 0 0 Difference ...... 10,571 16,469 1,916 34,897 163,812 38,038

U.S. CONGRESS, PARLIAMENTARIAN STATUS REPORT, 104TH CONGRESS, 2D real factors that are affecting cam- CONGRESSIONAL BUDGET OFFICE, SESSION, HOUSE ON-BUDGET SUPPORTING DETAIL FOR paign finance reform, and some of the Washington, DC, July 22, 1996. FISCAL YEAR 1997—AS OF CLOSE OF BUSINESS JULY difficulties in crafting a bill that deals Hon. JOHN KASICH, 18, 1996—Continued Chairman, Committee on the Budget, not only with candidates but the over- House of Representatives, Washington, DC. [In millions of dollars] all issue of campaign finance reform. DEAR MR. CHAIRMAN: Pursuant to section Budget First of all we had the Buckley ver- 308(b) and in aid of section 311 of the Con- authority outlays revenues gressional Budget Act, as amended, this let- sus Vallejo decision by the U.S. Su- ter and supporting detail provide an up-to- Previously enacted preme Court in the 1970’s, which began date tabulation of the on-budget current lev- Total previously enacted ...... 643,440 842,977 1,100,355 a trail of decisions or started a line of Enacted this session els of new budget authority, estimated out- decisions which effectively says that lays, and estimated revenues for fiscal year Taxpayer Bill of Rights 2 (H.R. 2337) ...... ¥15 1997. These estimates are compared to the Appropriated entitlements and expenditure of money is the equivalent appropriate levels for those items contained mandatories of speech; that as someone has the abil- Budget resolution baseline estimates in the 1997 Concurrent Resolution on the of appropriated entitlements and ity to say anything they want, if Budget (H. Con. Res. 178), and are current other mandatory programs not yet money enhances or permits them to enacted ...... 189,892 181,853 ...... through July 18, 1996. A summary of this tab- say that, they can then expend that ulation, my first for fiscal year 1997, follows: Total current level 1 ...... 833,332 1,024,830 1,100,340 [In millions of dollars] Total budget resolution ...... 1,314,785 1,311,171 1,083,728 money. So free speech and expenditure of Budget res- Amount remaining: House cur- olution (H. Current Under budget resolution ...... 481,453 286,341 ...... money begin to be equated as the same. level +/¥ Over budget resolution ...... ¥16,612 rent level Con. Res. resolution That is, I think, a disturbing trend, but 178) 1 In accordance with the Budget Enforcement Act, the total does not in- clude $34 million in outlays for funding of emergencies that have been des- that is a judicial decision. Budget authority ...... 833,322 1,314,785 ¥481,453 ignated as such by the President and the Congress. Outlays ...... 1,024,830 1,311,171 ¥286,341 So first of all we have that case, and Revenues: f 1997 ...... 1,110,340 1,083,728 +16,612 what that then did effectively say, that 1997–2001 ...... 5,970,883 5,913,303 +57,580 CAMPAIGN REFORM we could not limit how much an indi- vidual could spend in their own cam- Sincerely, The SPEAKER pro tempore. Under a paign. If we have a billionaire, that bil- JUNE E. O’NEILL, previous order of the House, the gen- Director. tleman from West Virginia [Mr. WISE] lionaire can spend a billion dollars, if is recognized for 5 minutes. they want, of their own money for PARLIAMENTARIAN STATUS REPORT, 104TH CONGRESS, 2D Mr. WISE. Mr. Speaker, I rise to their own campaign. We can limit how SESSION, HOUSE ON-BUDGET SUPPORTING DETAIL FOR speak today in the more dispassionate much somebody can contribute to that FISCAL YEAR 1997—AS OF CLOSE OF BUSINESS JULY time of special orders, and one day fol- person. We cannot limit how much that 18, 1996 lowing the vote on campaign finance person can spend themselves. [In millions of dollars] reform, to talk about campaign finance The second major decision occurred reform and what the future is. I am not Budget only a couple of weeks ago, in which authority outlays revenues particularly interested in getting into a partisan dispute today. the U.S. Supreme Court ruled that po- Previously enacted litical parties cannot be limited in how Revenues ...... 1,100,355 I think that it was worthwhile de- Permanents and other spending leg- feating the bill yesterday which put much they can spend for independent islation ...... 843,212 804,226 ...... Appropriation legislation ...... 238,523 ...... more money into politics, it did not expenditures on behalf of their can- Offsetting receipts ...... ¥199,772 ¥199,772 ...... take money out, but that was yester- didates. Let me give my colleagues an day. Let us talk about some of the very example: H8586 CONGRESSIONAL RECORD — HOUSE July 26, 1996 John Jones, hypothetical candidate, comes the Supreme Court decisions. in Washington and represent Washing- is running, and his political party de- But until that happens, then I think ton’s values, lobbyists’ values, special cides they want to make an independ- the public is going to have to be pre- interests’ values, as opposed to Ameri- ent expenditure, that is, without com- pared to take control of this process ca’s values. munication with John Jones, in his be- and demand that the Congress do the It would have reduced the amount half. They were previously limited in same thing. that those PACs could have spent from how much they could spend. Now they I use the retail, parking lot test. A $5,000 to $2,500 or reduced the amount can spend hundreds of thousands of dol- lot of people are concerned that politi- of money from PACs by 50 percent, re- lars running a negative ad campaign cal campaigns are turning into retail duced them in half. At least that is against John Jones’ opponent, leaving contests. Then use the retail principles what it purported to do. Unfortunately, John Jones then free to run positive to combat it. The parking lot test for the devil is always in the details and ads and not have his fingerprints at- me is when I am standing in a parking who knows that it might have only tached to negative campaigning. lot campaigning and somebody comes spawned twice as many PACs with dif- Incidentally, four of the Justices sug- up and says, ‘‘BOB WISE, I don’t think ferent hats. gested at that time that that doctrine that this should be happening’’ or ‘‘Are But let us forget that for a second. ought to be able to carry over to mak- you involved in this?’’ So that way po- Let us assume in fact it would have ing direct expenditures on behalf of the litical candidates, whether incumbents done what it was intended to do, and candidate, so that firewall may be fol- or challengers, soon get an idea of what that was to reduce the amount of lowing shortly. the public will accept. money that a PAC could give by 50 per- So now we have a situation with the It may be that the public is going to cent. That would have reduced by 50 Supreme Court where we cannot limit have to say what it would not accept in percent all of the money that PACs how much a candidate can spend on be- campaigns. The public or perhaps out- contributed to congressional cam- half of himself or herself out of their side groups are going to have to devise paigns in the last cycle or in the next own individual funds, and we cannot a voluntary code, and thus get some cycle. If the average amount that a limit how much a political party, Dem- campaign reform and force Congress to candidate is receiving from a PAC is ocrat or Republican, can spend on be- act. $300,000 or $400,000, it would have re- half of a candidate as long as it is inde- f duced it by half. Clearly, that has an pendent. immediate impact on reducing the THE FACTS ABOUT THE CAMPAIGN The third factor we have in today’s amount of money that is being spent in FINANCE REFORM BILL elections are independent expenditures, political campaigns. whether it is the Chamber of Com- The SPEAKER pro tempore. Under a Second, the bill also provided that 51 merce, the National Association of previous order of the House, the gen- percent of all contributions must come Manufacturers, the AFL–CIO, the tleman from Ohio [Mr. HOKE] is recog- from individuals who live in the dis- Christian Coalition, or whomever, that nized for 5 minutes. trict that the candidate wants to have they can spend in behalf of a candidate Mr. HOKE. Mr. Speaker, I also want the honor of representing in the United as long as it is an independent expendi- to speak about the campaign finance States House of Representatives; 51 ture. Once again, an outside group can reform bill that we defeated yesterday, percent. That immediately would have come in, run hundreds of thousands of as well as just campaign finance re- also had the impact of reducing the dollars of political advertising, as long form generally, because the one thing total number of dollars spent on a po- as theoretically it is not done in co- that has been said repeatedly is that it litical campaign. ordination with the candidate. Once was a good thing that this bill was de- Why? Because if 51 percent has to again, we can pass all the legislation feated because it would do nothing to come from in-district, that means that we want affecting a candidate, but if limit campaign spending. That is sim- in all of those districts where can- we have independent expenditures it ply factually untrue, and I am going to didates are in fact raising more than 51 really does not make any point. explain why that is untrue. percent from out-of-district, which is The fourth is one that both parties I will preface that by saying that I in fact for those people who accept po- abuse, I feel, and that is soft money, did not think it was a perfect bill. litical action committee contributions, the ability to funnel lots of money, un- There were a lot of things about the the majority of candidates, it would limited amounts, in effect, to political bill I was not particularly happy with have also had the immediate impact of party committees in States, effectively but at least it moved in the right direc- reducing the amount of money being for organization. Soft money is becom- tion, and I did vote for it. spent in those campaigns, as well. ing a bigger and bigger loophole. As we could see, though, from yester- So as my colleagues can see, this A fifth element of great concern, day’s vote, Mr. Speaker, unfortunately bogey that is being thrown up that this both Presidential candidates in both it was soundly defeated in this House did nothing to reduce the amount of parties are circumventing or getting because apparently when it comes to money in political campaigns is abso- around as much as they possibly can campaign finance reform, people hide lutely false and it is false because, No. the present limitation on campaign fi- behind perfection being the utter 1, the amount of money spent by PACs nancing. The only area, incidentally, enemy of the good, instead of making would have been reduced. No. 2, there where there is some public financing of the incremental reforms that appar- would have been an overall reduction campaigns is in Presidential cam- ently are the only way that we can get because of the 51 percent in-district re- paigns. It is supposed to be limited, but anything accomplished with respect to quirement. both parties are getting around that as reforming the institution itself or the Now that is a consequence of other- aggressively as possible. way that candidates are supported and wise good policies. I would go a step Finally, the watchdog of campaigns, their campaigns are financed. further and say this: If we are going to the Federal Elections Commission, is Let me tell my colleagues specifi- in fact make this body more represent- not adequately funded, and so in effect cally why yesterday’s bill, from bot- ative of the districts of America, not of we have got a watchdog that has been tom-up as opposed to top-down philoso- Washington’s values but of America’s defanged or the watchdog is not being phy, would have limited spending. It values, then we have to completely given much of a leash to go do its job. did two things that would have limited eliminate the political action commit- What we may ultimately have to con- spending. It did two things that would tee contributions. sider in this country and I just suggest have had an immediate impact on re- b this for discussion purposes, is if there ducing the number of dollars in con- 1330 is ever going to be a serious limitation gressional campaigns. The reason tha we need to do that is of money, if we are going to be able ef- No. 1, it reduced the amount of that something very, very insidious fectively to control how much individ- money that could be contributed by a happens when a person makes a con- uals or individual groups put into cam- political action committee, that is, a tribution to a PAC. In other words, if paigns, we may have to talk about a special interest PAC. Most of them, as you are a member of a labor union or if constitutional amendment that over- we know, Mr. Speaker, are located here you work for a bank and you make a July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8587 contribution to a bank PAC, or let us tions and the black-on-black genocide years on Government run welfare, and say that you are an individual who is so atrocious that if there were a need our problems have only gotten worse. I makes a contribution to a particular to put our troops some place to make think it is time for Republicans and other PAC, what happens is that the peace and stability and protect human Democrats to call for a new approach character of that contribution changes rights, it might rise to a larger order of or, Mr. Speaker, maybe it is a very old from being complex and subtle and in- things to be looking at Bujumbura approach. This approach is called re- telligent to being stupid and narrow than Haiti. sponsible parents. That is what it and ugly, with only one or two specific But some have suggested that the takes to raise a child in America political agendas for that term of Con- reason that we have sent the 82d to today, responsible parents. gress. Haiti is to perhaps try to keep the lid We should not be asking ourselves f on things there because we know that what should the Government do for the Clinton administration has claimed children. What we should be asking is ADMINISTRATION SHOULD ADVISE Haiti as a foreign policy success story, how can we help parents do more for CONGRESS REGARDING CURRENT and I know that they are anxious to their children? What children need is HAITI SITUATION try and keep proving that right up to not more Government spending, it is The SPEAKER pro tempore. Under a the election, at least in this country. compassion. It is help from their par- previous order of the House, the gen- I think that the time has come for ents. That is something the Govern- tleman from Florida [Mr. GOSS] is rec- the Clinton administration to try and ment cannot provide. ognized for 5 minutes. reduce the candor gap with the Amer- When we talk about children, Repub- Mr. GOSS. Mr. Speaker, I will not ican people on so many issues. But licans begin with three principles: use the 5 minutes. Mr. Speaker, I took when it comes to foreign policy and First, that the moral health of our Na- the well last evening because we had when it comes to committing our tion is at least as important as the eco- received a surprise from Haiti. We were troops who are actually in harm’s way nomic health or the military health of getting ground reports that the 82d in a situation as explosive as the one in our country. The fact is you cannot Airborne had arrived in that country, Port-au-Prince and Haiti today, it raise children in the proper environ- at least in company strength, and was seems that they ought to be discussing ment when 12-year-olds are having ba- very visible on Humvee vehicles with it with Members of Congress who have bies, 15-year-olds are killing each machine guns and battle gear going legitimate oversight and legitimate other, 17-year-olds are dying of AIDS around the capital city and elsewhere concerns about how our taxpayers’ dol- and 18-year-olds are graduating with in the country. lars are spent, and legitimate concerns diplomas that they cannot read. If we The people were puzzled about what about how our foreign policy is exe- are going to take care of our children, was going on, so we asked for an expla- cuted and when it is executed. we have to restore the moral health of nation from the administration. Today So I am still hopeful that the admin- our country. is another day and today is another istration will take advantage of this Second, it is results, not rhetoric, day we have had more silence from the and the White House will share with that count. Anyone can sound compas- administration on exactly what are our the American people and the news net- sionate. Anyone can say what people increased American troops doing in works what exactly is going on in Haiti want to hear. But we have got to go Haiti and what, in fact, is going on in and why we have more soldiers there. out there and do things that will actu- Haiti. f ally help our children. Many people who do not follow what Third, we really have to look our- goes on in that friendly neighboring WHO REALLY SPEAKS FOR THE selves in the mirror and admit to our- country just to the south of Florida, CHILDREN? selves and to the American people that which is my district, are not aware The SPEAKER pro tempore. Under a the system we have in place right now that they have just had the equivalent previous order of the House, the gen- is a failure. We have spent billions and of their O.J. Simpson trial there over tleman from Washington [Mr. WHITE] is billions of dollars over the past 30 the death of a respected man named recognized for 5 minutes. years on a system that has not worked, Guy Mallory who was assassinated a Mr. WHITE. Thank you very much, and it is time to try something new. few years ago, among many assassina- Mr. Speaker. Today I want to spend Mr. Speaker, 30 years ago the Gov- tions that have regrettably taken place just a few minutes on a subject that is ernment started out with the best in- in that country. That trial came out very important to me that is the sub- tentions but instead of solving the that they acquitted two suspects that ject of children. problem the Government created a wel- they felt they had pretty good evi- I have four children and, as luck fare trap in this country. We have dence. And now the President of the would have it, I have one of them here trapped a generation of Americans on country has come along and said there on the floor with me today. My 10-year- Government assistance. We have de- was something, quote, suspicious about old daughter Emily is visiting Wash- prived them of hope, of opportunity, the verdict. ington, DC, with me this week, and she and in many cases we have destroyed The judicial system does not work has a 12-year-old sister, a 7-year-old the lives of many precious children. very well in Haiti. It is a country sister and a 4-year-old brother, in our Take a look at what is happening in where passions tend to run very quick- household children are very important. our cities. You will see a generation ly and very intensely. We have now got I hope they are very important to that is fed on food stamps, but starved people in the streets saying that this every Member of this body because just on nurturing and hope and parental jury contained people who were en- about everything we do here will have care. You will see second graders who emies of the people. ‘‘Enemies of the an impact on our country’s children. do not know their ABC’s, fourth grad- people’’ in Haiti is code word and it Mr. Speaker, I am new to this body. ers who cannot add or subtract. You usually precurses trouble. I have been here only a year and a half, will see sixth graders who do not know We have got now a situation where but I have noticed there is a significant the number of inches in a foot because we have got obviously a bad situation difference between our two parties they have never seen a ruler. in the country and a lot of agitation when we talk about children. Yet every year, as we have done for and feeling going on. And apparently The Democrats tend to talk about the past 30 years, the Government we have now sent the 82d Airborne, at Government programs, Government spends more money on programs be- least part of it. We do not know ex- spending, and Government bureau- cause it thinks that is the compas- actly what they are doing. We do not crats, and I recognize that is an ap- sionate way to help people. Instead of send the 82d Airborne just anywhere. proach that they have taken. They helping people, Government in expand- They are a crack American outfit. We think that is what it takes to raise a ing the welfare trap from one commu- reserve them for our most difficult child, and I have to tell you, Mr. nity to another, from one child to an- problems and hot spots. I would sug- Speaker, I disagree. other, from one generation to another. gest that Bujumbura, Burundi, today is We have spent billions and billions The welfare trap and Government a place where the human rights viola- and billions of dollars over the last 30 spending makes us think we have done H8588 CONGRESSIONAL RECORD — HOUSE July 26, 1996 something, makes us feel good about But we have some alternatives. We men and women perpetuating a cycle of ourselves, when really we have not have some things that might actually illegitimacy, violence, dependency, and even begun to solve the problem. work, and let me give a couple of ex- despair. As I say, the Government bureauc- amples. Why does Habitat for Human- b 1345 racy is well-intentioned, but what Gov- ity work? It works because it requires ernment has failed to understand is recipients to do their own work, to Most Americans now see that the that raising more taxes to hire more learn the lessons themselves. Why does basic flaw with our war on poverty is bureaucrats to expand a welfare system Earning for Learning work? It works that it has created a culture of entitle- that does not work is only going to because it pays young children to read. ment to benefits through a Washing- make matters worse. We have got to It educates many more than the De- ton-dictated, one-size-fits-all system. try a different approach. partment of Education can ever do. It set up the wrong kinds of incentives, The fact is welfare is not the only Let me say, Mr. Speaker, in closing, paying people not to work and penaliz- problem that is affecting our children. our children are the future of our coun- ing them if they do. It hurts the very We recently passed a welfare reform try. They are something we have to people it was designed to help. We are bill in this House that takes a new ap- take very, very seriously. It is not literally killing people with kindness. proach and maybe that will have some enough to say that we care and not do Almost no one disagrees that we need positive affects. We need a new ap- the work to fix the system so it really fundamental change in our welfare pol- proach because at the start of this dec- does take care of our children. icy. The administration boasts that it ade we had the most murders, the f has approved a record number of waiv- worst schools, the most abortions, the ers of Federal regulations to allow highest infant mortality rate, the most ANNOUNCEMENT BY THE SPEAKER States to experiment with welfare re- illegitimacy, the most one-parent fam- PRO TEMPORE form. But that just shows how exces- ilies, the most children in jail, and the The SPEAKER pro tempore. The gal- sively bureaucratic and tangled the most children on Government aid in lery will maintain order. Under the current system is. the world. rules of the House, expressions of ap- For example, the President went out We are first only in the numbers of probation or disapprobation are not in to Wisconsin and he praised the Wis- lawyers and lawsuits. That is the situa- order. consin Works welfare reform plan, but tion that has to change. The fact is a f the United States Department of government-based policy to help chil- Health and Human Services has not yet dren just does not work. It tends to de- EFFECT OF WELFARE SYSTEM ON approved the waivers that would let stroy them, as we have seen over the OUR CHILDREN the plan go forward. past 30 years. It does not keep families The SPEAKER pro tempore. Under a Any reform plan must emphasize together. It tends to drive them apart previous order of the House, the gen- work and personal responsibility. The and instead of turning our cities into tleman from Minnesota [Mr. House-passed welfare reform plan will shining cities on the hill, it has made GUTKNECHT] is recognized for 5 min- greatly increase States’ abilities to de- them into war zones where no one utes. sign their own solutions aimed at mov- dares to go out at night and sometimes Mr. GUTKNECHT. I thank you, Mr. ing people from dependency to work. It they do not dare to go out in the day- Speaker, and I would like to pursue the combines four Federal poverty pro- time as well. discussion that my freshman colleague grams, including Aid to Families with So let me describe two competing vi- from Washington [Mr. WHITE] has been Dependent Children, the WIC nutrition sions of how we take care of our chil- talking about. His daughter Emily re- program and child care, into block dren in this country. There is the Gov- minds me a lot of my daughter Emily, grants that give States flexibility to ernment-based vision that we have who is now 16 years old, and we are use scarce resources more efficiently. talked about, but there is also a family having driving lessons. But I want to The House bill limits able-bodied based vision where parents like me, talk about children in America as well, adults to 2 years of assistance without and like all of us who have children, and I want to talk about the welfare work. With a lifetime maximum of 5 are empowered to make decisions, system and what we are doing to chil- years of benefits, States could still where communities can decide for grant hardship exceptions to 20 percent themselves how to fight crime and dren. Is there anything more cruel to chil- drugs and educate their children and of their case load. It requires people that bring immi- where local school officials are given dren than consigning them to a life- grants into our country to live up to the ability to develop a curriculum time of poverty and dependency? Can- their sponsorship support commit- that fits the needs of their students. not we do better than the welfare sys- ments instead of passing them off to That is the sort of approach we need to tem we have in place now? Almost everyone agrees that the wel- the taxpayers. And speaking of living take. Too often politicians use children as fare system has failed. It needs to be up to their responsibilities, it also cre- props. We should use them instead as a replaced. That is why I am encouraged ates a nationwide tracking system for reminder that we have got a respon- that the House and the Senate have enforcing child support payments from sibility to the next generation. We passed welfare reform legislation in the deadbeat dads. It only makes common need to help them with compassion and last couple of weeks on a bipartisan sense to require people to develop hab- nurturing, not with Government hand- basis. This legislation will soon go to its for working to support themselves. outs. the President for his signature. Work is more than the way you earn a Too often politicians simply talk the The war on poverty was begun in the living. It helps to define your very life. talk because that is the easy way. It is mid-1960’s with good intentions. Presi- The great majority of Americans do it easy to sound compassionate. But we dent Lyndon Johnson and others ar- every day. need to work to reform the system that gued that America needed to provide a This is common sense. It is a consen- currently has failed our children, and I nationwide safety net to catch those sus about both the need and the direc- think that work begins with reforming who had fallen on hard time. Some tion we should take in terms of welfare welfare. have said that the safety net has be- reform and has moved us to a truly his- Let me state this clearly so there is come a hammock, but that is not quite toric opportunity to replace the faulty no confusion. We have spent $5 trillion fair. In some respects it is more like a foundation of the welfare state. since the midsixties on Government gill net, trapping and inflicting damage The Senate bill, which passed on a bi- run welfare programs and yet we have upon generations of Americans, and partisan basis of 74 to 24, had almost more poverty, more crime, more drug one does not have to look far to see its all of the Republicans supporting it addiction, more broken families, and victims. and over half of the Democrats. The more immoral behavior today than we Out inner cities have become war House and Senate are resolving dif- had at that time. The Government sys- zones. Out-of-wedlock births have ferences between the two bills, and we tem is broken. It does not work. It quadrupled in the last 30 years, spawn- are hopeful that we can have a bill on needs to be shut down, period. ing a generation of fatherless young the President’s desk for his signature July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8589 early in August. The President prom- upper Chamber, which I sometimes DEA, fantastic since its inception, ised to end welfare as we know it but love to call the House of Lords, but it which was since I have been a Con- has vetoes two previous welfare reform certainly is coequal with us. Superior gressman. The ATF, a lot of those peo- bills. in foreign affairs and ratifying treaties, ple wanted to join the FBI first. So We have accommodated his objec- but we are superior, and it was by de- when the FBI came in, I had ATF tions by separating Medicaid reform sign, on issues like money, taxation, agents call me on the quiet and they from the welfare reform. Now it is time raising taxes. And all spending bills said, we thought the FBI was going to to seize the opportunity to replace the originate in the House. come in and rescue us, and they made welfare system with work, to replace So that rule XVIII is to protect the it even worse. By that time we did not dependency with responsibility. We are camaraderie, what we call comity. I do want a fire in the compound or to press not simply trying to save money here, not use that word very much because, religious zealots to the breaking point we are trying to save people, especially no matter how hard you hit the T, it where a few men destroy their women kids, from a lifetime of poverty. sounds like you are saying comedy to and children on their ego. Carpe diem, Mr. President. Seize the the average American. But comity She should have resigned over that. I day. means goodwill and camaraderie and it still believe that. I still believe her f keeps us sane with one another in the presence cripples the agencies under two Chambers when we have to come her, including the FBI. I think what is BOOKS ON BILL CLINTON together in conference, which we will so tragic here is that she was not in The SPEAKER pro tempore (Mr. be doing for the next 2 or 3 months on command of the agency at that time. PETRI). Under the Speaker’s announced the major 13 major appropriations We all know that she had to answer, policy of May 12, 1995, the gentleman bills. even though she did not know it, to from California [Mr. DORNAN] is recog- We are way ahead of the Senate, as Webster Hubbell. He, the man who is? nized for 60 minutes as the designee of usual, because the money bills start Jail now, No. 2 at Justice. He created a the majority leader. here. But we cranked into this protec- title for himself. That is in some of Mr. DORNAN. Mr. Speaker, good tive rule XVIII the Vice President, AL these books I am about to show you. Pressing rule XVIII to the outer lim- afternoon. This is not my bag to go to GORE, and whoever is sitting in the its. the airport. This is a show and tell spe- White House. I watched my friend of I will try to put these in order. And cial order. fifty-eight, combat Navy hero, and a It is 10 minutes to 1 in Chicago. It is the newest one, Unlimited Access, by grandfather of 14 children and a won- an FBI agent, has a bibliography in the 10 minutes to noon in Denver. It is only derful, trustworthy friend, George 10 minutes to 11 in Orange County, in back with books I never even heard of. Bush. I watched that President of the I hope I did not forget some. My wife is Los Angeles and Seattle. Still the United States, as he was sitting Presi- reading Blood Sport, by James T. shank of the morning in Hawaii. And in dent, trashed in the well regularly Stewart. Guam it is tomorrow. I have people from the Democratic lectern. So, let us see, what is the first book that write to me from Guam where I watched Ronald Reagan hit some- I read on Bill Clinton? On the Make. America’s day begins. I just spoke to a times over the edge with words taken That title alone might push rule XVIII. whole bunch of students outside. They down and withdrawn. But we have a Before the Parliamentarian thinks said: Why does the news media still tripartite system of Government here, about it, it means seducing the voters persist in saying that those of us on checks and balances. As I said on this with a smooth line. All politicians like both sides of the aisle who do special floor a few days ago, I can just tear to think about that. It is by a lady orders, 5 minutes or 1 hour or 1 minute, into any one of the Supreme Court Jus- journalist without peer in the great why do they persist in saying that we tice. I can shred Hazel O’Leary’s ter- State of Arkansas. A great State, 23 are speaking to an empty Chamber? I rible stewardship and horrible squan- Medal of Honor winners. I campaigned see 10 people, I see 10, 20, 30, 40 in the dering of taxpayers’ dollars renting a in seven towns last year for one of our gallery. A few more over here. I see Madonna luxury jet that Madonna had great Congressmen down there, one of some more staffers and chief staffers used to party around the world to take our two, soon to be three, Republicans. back there. There are 1,300,000 people hundreds of staffers around the world And this book, On the Make, by Mere- watching. in expensive hotel suites and all run- dith Oakley, the Rise of Bill Clinton, is Is that not right, Mr. GUTKNECHT, ning up credit cards. the subtitle, takes you back to one of who is going to be elected by a land- I can do anything I want to show the only two Federal races Mr. Clinton slide in his great district. And may I do that I do not think she or Bruce Bab- has been in, and he lost it. radio spots for you, as many as you bitt or anybody should have a Cabinet He tried to take on a combat veteran want. May you put them all on Rush seat. I thought Janet Reno, and this who flew the gooney bird over the Limbaugh’s show. A million people are would have definitely happened in hump in the China-Burma-India thea- listening to me right now. Great Britain, I thought Janet Reno, a ter, a great Congressman. I served with Let me get serious. This case is what very nice lady, should have resigned him over a decade, J. P. Hammer- I am taking on the road as head of a after 20 children and several pregnant schmidt, in 1974. He did not wipe out Bob Dole peace task force. I am not mothers were suffocated to death. that World War II great veteran. But it going to read the titles until I get Hopefully they were not burned to put him on the map. And 2 years later them in chronological order here. This death. But as far as I know, they were in 1976—I cannot go to surgery; pardon is turning into a cottage industry of all suffocated to death, little faces me, I had my beeper on—2 years later, books on Bill Clinton. could not have a gas mask, in the Waco he was the Attorney General at 30 And respecting rule XVIII of the government tragedy. years of age. And 2 years after that, he House, which I intend to change after I would never, ever have had them was the Governor of the great State of the election, if we are in the majority, come out of my mouth, and I resented Arkansas, at 32 years of age. And 2 and I will explain rule XVIII. It keeps it, to call any good law enforcement years after that, he was defeated Gov- us from going for one another’s throats person who is poorly led any kind of a ernor at 34 years of age. around here. It implores us to say, will thug, let alone use military terms that Then the other books pick up the the distinguished and honorable and would harken up the image of the Ge- story. But this takes him from his first wonderful Member yield. And if you stapo, but that was a disaster and race and before his involvement in the just cannot get that out of your throat, heads rolled. People were fired, then McGovern campaign with Betsy you at least have to say, will the Mem- rehired. A lot of agents quit in disgust. Wright, chief cook and bottle washer ber from Massachusetts yield. That is A lot of those guys tried to join the and suppressor of scandals and hirer of as mean as we can get. FBI first, and the FBI did not do much Jack Palladino, who had thousands of We get our words taken down if it better at Ruby Ridge. Besides, the DEA dollars of campaign money, intimi- gets too rough and if we start to talk mess, my favorite agency of all law en- dated and shut up people on the cam- about something they are doing in the forcement agencies, firearms, Alcohol, paign trail to grease the path for Clin- Chamber that likes to call itself the Tobacco and Firearms, ATF. ton to the White House. H8590 CONGRESSIONAL RECORD — HOUSE July 26, 1996 On the Make by Meredith Oakley. one of America’s three prominent lib- White House,’’ from another award- The next one that came out that I eral papers of record, and there are no winning author. came across was the incomparable Pul- conservative national papers, just our Then there was a slight gap, and I got itzer Price-winning Bob Woodward’s great Washington Times inside the hold of ‘‘Clinton Confidential’’ by a ter- book, The Agenda. In this book he Beltway, which is in the top eight, but rific writer, George Carpozi, Jr., bigger talks about Clinton having volcanic the New York Times, the Washington than the prior three, equal in size to eruptions where lava flows out of the Post, and the L.A. Times, arguably in Meredith Oakley’s ‘‘On the Make.’’ I top of his head and that he treated that order; I put the L.A. Times first, told him after the fact I did not like George Stephanopoulos like an abused they have more foreign correspondents, his title, ‘‘Clinton Confidential: The spouse. Number 2. and it is an easier to read paper with Climb to Power.’’ I said ‘‘confidential’’ I find out that there are books in be- better print; it does not come off on is a tabloid-type name. I said why did tween here that I did not know about. your hands like the Post. you not just name it, George, ‘‘Clinton: Then I come across, and in this book But this book was serialized on the The Climb to Power’’? but in here he it has Mr. Clinton in an argument with front page of the Washington Post: broke the code on the trip to Moscow a friend of mine who is a Democratic ‘‘First in his Class,’’ by David that I, as an U.S. Congressman under a Senator, BOB KERREY, Medal of Honor Maraniss. And I read this and could not Republican President, George Bush, recipient, chastised me in the hall the believe some of the stories in there. I talking to FBI and Foreign Service other day and told me to lose 10 will not discuss them until I think people, no one had the information pounds. These ex-Navy Seals are tough, more about pushing the envelope here. that he found in this book on why Clin- Mr. Speaker. And started pulling on The next book I read was ‘‘Inside the ton went to Copenhagen, to Stock- White House.’’ Now, this did not in- my coat. BOB KERREY is yelled at by holm, Sweden, to Helsinki, to Lenin- clude just Mr. Clinton. This included the President with the ultimate, by grad, to Moscow, and stayed with the several Presidents. It is by the best- Mr. Clinton with the ultimate Anglo- founding member’s family of the Com- selling author of ‘‘The FBI;’’ that is on Saxon obscenity on page 267, I think. munist Party in Prague, Czecho- my bookshelves, and I skip read it, and And I turned the page, expecting a slovakia. George Carpozi does it. He ‘‘Inside the CIA,’’ which I slowly read. Navy Seal to fire back at him. Instead, has written fantastic books on Sen- Those are Ronald Kessler’s two other he keeps his cool and says that his re- ators, and on past Presidents, on the books, ‘‘FBI,’’ ‘‘Inside the CIA.’’ It says sponsibility is to the voters of Ne- Kennedys. I think he lives on Long Is- has a subtitle, this is ‘‘Inside the White braska before anything else. land. And his may be coming out in House: The Hidden Lives of the Modern Blank you, Clinton yelled. Senator pocket book. That one my wife grabbed Presidents and the Secrets of the KERREY always tried to be respectful of Worlds Most Powerful Institution.’’ He for me and finished before I was able to the Commander in Chief, but he also interviewed cooks in the White House. read it. wanted to defend himself. And he con- Then there is a long gap, and I was I think we should call them chefs. He tinued shouting back. Clinton pressed not aware of some other books coming interviewed valets, a term that Presi- on two themes. He just had to have out until I got hold of ‘‘Unlimited Ac- dents do not like to hear, but Roo- cess’’ until ‘‘Blood Sport’’ comes out. KERREY’s vote. sevelt, President Franklin Roosevelt, ‘‘Blood Sport’’ is by James B. Stewart. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE needed a valet. The man was in a He was brought into the White House. The SPEAKER pro tempore. The gen- wheelchair, was overcoming, as he said tleman will suspend. at the lectern just below you, Mr. The subtitle is ‘‘The President and his The Chair thinks the gentleman re- Speaker: Adversaries.’’ He was brought into the ferred to the rules of the House several ‘‘I’m sorry I’m late to a State of the White House; let me give his creden- times and knows that it is not in order Union Message. But you will recall I tials. Author of ‘‘Den of Thieves’’ and to refer to the President’s personal have 10 pounds of iron on my legs,’’ the winner of the Pulitzer Prize. character even if one is reading mate- only reference he ever made publicly to Now, if I am pushing the rule here, rial. his polio wounds that kept him in a Mr. Speaker, I have got three out of six The Chair thinks the gentleman is wheelchair all of his life. are Pulitzer Prize winners, and getting pretty close to, if not over, the So when you talk to the valets, the Meredith’s is the winner of other line as far as being personally offensive housekeepers, the cooks and get the in- awards. All of them have been best- to the Chief Executive of the country. side story, I cannot quote anything sellers. Mr. DORNAN. We have 103 days to from this book about both the Clintons James T. Stewart comes into the change American history, Mr. Speaker. in the White House, although I could White House, by Hillary Clinton staff- I will ask the Chair to refer to the Par- do it to Hillary, and as I said, and the ers, to clear up the Whitewater confu- liamentarians. Parliamentarians know this, I choose sion and to write a good book, as a Pul- These are books out there on the not to attack Mrs. Hillary on this itzer Prize winner, establishing their marketplace. I know there are prob- House floor. Her power all comes from innocence. He starts doing research, ably some favorable books out there. I her husband. She was elected to noth- and when he starts getting close to the have never heard of them. ing, and he warned us, he said you will truth, the door starts slamming in his face, and finally he did the same thing b 1400 get two for one if you elect me. She will have power. There must have been that the author of the book on the These books are either objective, and deals cut because after the ‘‘60 Min- Green Beret; his name will come to me, that is certainly what the Woodward utes’’ show on January 26, 1992, every- Joe McGuinness; the Green Beret doc- book is, or very critical. But it is im- body knew that his entire future career tor who had murdered his wife and portant to our country’s future, and I to ever get elected dog catcher and children and is still in prison for it, he am going to press on and have you and Govenor again was in the palm of her started to write a book declaring the the Parliamentarians listen closely. I hand. Whatever she did on that show or innocence of that Army doctor. I am will speed it up and go through titles. from that moment forward would de- not going to use that Army doctor’s I am already past the roughest title, termine if he would ever hold elective name because he is in prison and his ‘‘On the Make.’’ ‘‘The Agenda’’ is the office again, because he had already family has changed their name, and simple title, and I will lay out the ti- broken his promise he would not run they have a life, and it has been a tles. again as Governor. movie, been a TV movie. Same guy, Not selling books; these are books So I could quote Mrs. Clinton in this Gary something, that played Custer, that I own and I have read. book, but I will not, because if I quoted played him very effectively. The next one has a positive title that her in the context of being his wife, I In the middle of researching the I read. It is called ‘‘First in his Class.’’ cannot quote anything on him because book, Joe McGuinness breaks off with But that does not mean he graduated it absolutely would go over the line on the doctor who already has been found first in his class, ever. It is by David rule XVIII. guilty and is in prison, and writes the Maraniss, also the winner of a Pulitzer But the title, and since there are definitive book that this guy did it try- Prize, a top Washington Post reporter, other Presidents in here, ‘‘Inside The ing to blame it on imaginary hippies, July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8591 and he is still in jail, and that was so the Senate from the White House, she firm the victory for the Doles, and Bob much for hiring Joe McGuinness, an- ran the office while he went to prison Dole nor Elizabeth have been running other, I think, Joseph Pulitzer Prize for a few minutes until Clinton par- around saying you get two for one. winner to try and clear you. doned him for cocaine. It appears David There are seven of them. Here comes I would suggest to guilty people in Lassiter paid off the President’s half ‘‘Unlimited Access: An FBI agent in- prison, if you ever want to get out brother’s cocaine debts to organized side the Clinton White House.’’ Mr. after 30 or 40 years, do not hire honest crime. Speaker, if I knew Gary Aldrich, and I reporters like James B. Stewart and If someone has a different take on will meet him one of these days, I expect them not to find the truth and that, call me here at the capital. would say, FBI Agent Aldrich, did you to write lies and cover you up. Blood Sport, James B. Stewart, best succumb to your publisher’s request to So James T. Stewart writes the de- seller, has not come out in paper back put in a unsubstantiated wild rumor finitive book on Whitewater, called yet. about a certain U.S. President hiding ‘‘Blood Sport,’’ and I am going to And then I get, well, these two books in automobiles under blankets when make, not a confession, but an admis- came out the same week: Unlimited there was nothing to substantiate it or sion that I am only that far because Access by an FBI agent, subtitle: ‘‘A to involve the newest and maybe the my wife took it away from me, and FBI Agent Inside The Clinton White biggest hotel in the core of Washing- Whitewater is complex, like the early House,’’ Gary Aldrich. I read the re- ton, DC., the flagship of the great fa- days of Watergate. It is not a fast read. views on that. A few days later ‘‘The ther and son—father now gone to heav- It is not exciting stuff. It does not have Choice,’’ Bob Woodward; so of these en—Marriott line of hotels, the J.W. much to read in the airport in here, it eight books Woodward has two, Wood- Marriott Hotel, named after the found- does not have much of the Thomases or ward’s book, ‘‘The Choice,’’ comes out. er? the other Thomasson or the guy who I send for them both, and they arrive b 1415 was running cocaine to everybody in the same day. I am just starting ‘‘The He apparently started putting sand- the structure, cut it off right under Choice.’’ Cannot give you a review on wiches on airplanes out here from a lit- Clinton. Everybody below Clinton and that one, but I hear it is very fair to tle restaurant next to National Air- all of his best friends were into some Bob Dole and not all that subjective on port, and turned it into a worldwide kind of cocaine scam here, and the guy Clinton, that it is objective on both, Marriott classy hotel operation. Why that was doing it was pardoned by Clin- and somebody told me if the whole Na- involve the J.W. Marriott in a lot of ru- ton and put in a halfway house, and he tion read this book and disregarded po- mors when it was not substantiated? paid off—I cannot remove this one—or lemical skills, disregarded crying in Because that mistake, and I will bet I am allowed to tariff Roger Clinton— public—I have cried in public; so has he knows it was a mistake, and I will he paid off Roger Clinton’s drug debt, Bob Dole; but we do not make a habit bet the publishers know it was a mis- and I underlined that once in the L.A. of it like somebody else I am looking take, that mistake caused a lot of lib- Times and passed it to my wife to read, at. eral journalists who I like and a lot of and she said you should have pointed If they disregarded all of the surface conservative journalists who were fair, this out to me. Why? She said, Roger television imagery the way Democrats like George Will, they had to trash the Clinton’s cocaine debt. And I said, used to beg us to look aside from Ron- book, because everybody focused in on why? It says this friend of Clinton that ald Reagan’s just commanding de- the excitement of a U.S. President he pardoned paid off his drug debt, and meanor; they did not know about his evading the Secret Service and slipping she says—Lassiter is his name—and she heart, that it matched his intellect. out. says, well, to whom was that debt His heart and his communication skill I had read that there are people owed? To the FBI? Was he paying off were a match. They synched up; what who—the Secret Service has an expres- his court trial costs? No, we taxpayers you saw was what you got, an anti- sion, hogs in the tunnel. It does not pay that, or in this case, State case, Communist, ex-Democrat who believed mean anything mean about people’s the good taxpayers and the families of in smaller government and paying your eating habits, it means Razorbacks, those 23 Medal of Honor winners in the debts, and when somebody kills two Arkansas Razorbacks in the tunnel, State of Arkansas and my friend, Carl American sergeants, Goines and Ford, the tunnel between the White House Eugene Holmes and his wife, Irene, two Specialist Fifth Class, in the and the Treasury Department built in their tax dollars. That is the colonel LaBelle disco April 5, 1986. The planes World War II. It means cover them, that was deceived and trampled upon were in the air to Libya 9 days later. protect them. Do not let them get his honor, the Bataan death march sur- Ronald Reagan said you cannot hide. away. The people who told me this first- vivor and was nominated for the Con- There was a man of his word who, al- hand did not necessarily mean, they gressional Medal of Honor, not enough though he had not seen combat because just smiled, that there was anybody witnesses, so he gets the most guy get- he was the father of three kids and was near the top, at the very top. They just ting it, the Distinguished Service over 30 years of age, had turned 30 a said hogs in the tunnel means the tun- month, a year before Pearl Harbor, Cross. It was Colonel Holmes and Irene nel is being used between the White turned 31 on February 6 of 1942. So peo- Holmes who had to pay the tax bill for House and the Treasury Department. Roger Clinton’s cocaine trial. So to ple, Democrats say, well, Reagan did If Mr. Gary Aldrich, an honorable whom was the debt owed? And my wife not serve. No, Reagan was not at Ox- FBI agent, and I will tell you somebody said was it owed to drug dealers? ford in his early twenties getting the else who succumbed to this; a friend of That is worthy of a big long pause: third request from Uncle Sam: I want mine, Lt. Col. Ollie North. His publish- Sally Dornan says to me, did David you. Reagan volunteered and did wear ers told him, your book will boom over Lassiter pay off Roger Clinton, the the uniform. How many times did I the top if you say that Ronald Reagan President’s only brother? He has no sis- hear in that well or on television? At knew all about the Contra arms deal ters. Well, he has got half brothers least Jeff Greenfield corrected himself, with Iran. around, and he called them on the that Reagan never wore the uniform. Ollie’s book came out. It was a best- phone and then would not even invite He served in the Army Air Corps and seller. It was very exciting. But Nancy him to the White House. He denies was a National Guard cavalry officer Reagan, my friend, knew that her hus- them in this essence: his only brother, before that. If we had gone to war in band did not know the details of the and that is a half brother. And I said, 1934, 1935 or 1936, Ronald Reagan could Contra arms deal. She knew he called Sally, I am going to check this out. have been killed in combat. He was a the Contras freedom fighters and he Guess what? David Lassiter and loyal son of Dixon, Illinois. was trying to break the code in Iran, Patsy Thomasson, who is head of per- Now, ‘‘The Choice,’’ to come back to and end the deadly growth of religious, sonnel at the White House or some- my first thought on this, if everybody notice I am not saying Islamic, I have thing, or head of the administration at in America read this book, people tell a lot of Islamic friends, religious fanat- the White House, testified on the Sen- me Bob Dole would win in a landslide. icism; it happens in every faith. It hap- ate several times, faulty memory like So there is much material in here on pened in my faith in Spain, at one pe- everybody who has testified here or at Hillary and Elizabeth that would con- riod. H8592 CONGRESSIONAL RECORD — HOUSE July 26, 1996

He was trying to deal, at the Com- was born, but you cannot touch cocaine He said, BOB, Rockefeller and I worked mander-in-Chief level, with some very and serve in the DEA, the FBI, the CIA, together on this committee, me as tough problems, including the afore- or the aforementioned Alcohol, To- Governor, and he was a Governor in mentioned bombing of terrorist camps bacco, and Firearms, but you can serve New York; two Governors, the biggest outside of Benghazi, Tripoli. But when in the White House and be in a drug States, I overtook him with the biggest my pal Ollie succumbed, in the non- rehab program. State during that period. He said, we military, he had never done this in uni- Now guess who is involved in this worked together on this committee to form, Ronald Reagan probably knew, drug use and in the rehab program? analyze the CIA. He was terrific on the he said, about the Contra arms deal, to Scott Livingstone. And I am hearing intelligence issues, and he helped save sell books, it enraged, properly, Nancy today that he lobbied to control the the honor of the CIA. Reagan; all wives are protective. Nancy nuclear weapons systems code brief- I said, what does that do to my core set the standard for that kind of loy- case, affectionately called ‘‘the foot- base? I am not a country club Repub- alty. ball,’’ or in Hollywood parlance, the lican. He said, that is your call, and And when Ollie went to run for the red button, which does not make much that is the end of the good things I can Senate, at the worst possible time, sense. say about my pal Rocky. The next about 10 days out, in a hot primary be- The White House drug scandal is a thing I know, the Republican party tween Ollie North and the incumbent, nightmare. It is all in here. And how do says, if you are not enthusiastic about Chuck Robb, two Marines duking it liberal talk shows hosts dismiss the 95 having him, then we will not send him. out, Nancy Reagan, and she did not ini- percent of this book that is dynamite He did not come to campaign for me. tiate it, she was in a hotel lobby, I re- and valuable, and most of it confirm- My staff did not revolt. They are not member, or a hotel ballroom that was able? They first deflect you with the extremists, just good solid fiscal Re- empty, being interviewed by somebody silliness of putting in this rumor about publicans that were looking at the fis- for PBS or one of the networks, and the President’s sneaking out under cal mess in New York, so he never she said, used tough words, I believe blankets in cars and Bruce Lindsey at came out for me. But Ronald Reagan she said ‘‘That’s a lie.’’ Bingo, it just the wheel, they dismiss it with that, was as astute, and I will bet he still is, brought Ollie’s campaign to a screech- ‘‘unsubstantiated rumor’’; a wild on most days, a political analyst and a ing halt. rumor, I guess. good loyal guy. All writers must stay on the truth, Then they say that all the rest is Maybe he would say, since we are in- confirm their facts, like all of these that Gary Aldrich was an older man side the 100-day mark on Monday and seven books here. Gary Aldrich may be and did not like ex-hippies and baby time is of the essence, then read these able to recover in paperback. This is boomers running around the White books backward. If anybody lays any growing slowly. It is published by a House in jeans using foul language and pretension to being a scholar, read Un- very honorable house. I have even having the domestic help report people limited Access first, by Gary Aldrich. Then, The Choice, to get a fair profile talked to them about putting down having sex in some of the showers. And of the two competitors that will be in- some thoughts with hard covers, when the person said, well, it has hap- side the 100-day mark on Monday. Then Regnery. This, it is my favorite pub- pened before; no, sir, no, sir, these are read Blood Sport, and realize why I am lishing house in the world. both of the same sex. When all of that allowed to stand here on this floor and The rest of the book, this is my was reported in here, they said, he just point, is filled with such deadly infor- say this is a corrupt administration. does not like hippies, and then Gary Then read why Clinton raped the mation about, talking now from the Aldrich gives his birthday. Lo and be- truth on his road to the White House in top down, not covered by rule XVIII, hold, it turns out he is a baby boomer, 1992. Then read Inside the White House, talking about all the people going to and younger than the Clintons. So it is and hear it from the hired help. jail and coming up here with total not a generational thing. His honor was memory losses, this is a corrupt admin- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE offended because he served 2 years The SPEAKER pro tempore (Mr. istration. They are wrecking the youth under the Bushes and 2 years under the PETRI). The gentleman is out of order of our country on drugs. Clintons, and never the twain would When I leave here, I have to call my with his comment about the truth. meet. Mr. DORNAN. Yes, over the line, Mr. pal, a great hero, Barry McCaffrey, two I would recommend, skip over the Speaker, When I first said it, he was distinguished service crosses, two sil- part about the automobiles and the only the Governor of Arkansas. ver stars, three purple hearts, and he midnight sojourns, and read this first. Mr. Speaker, I remove my verb carries his wounds proudly on his arms, And maybe, because there are only 103 ‘‘rape’’ and replace it with ‘‘had trou- when he is in a short-sleeved shirt; the days left, 100 days in the campaign, and ble with the truth.’’ No, let me go point of the spear in Desert Storm, the when we wake up Monday morning, I back. ave in the Hail Mary left hook around just found out we have no votes on Clinton Confidential. Decline to Kuwait into the center of Iraq to liber- Monday. So when we are next voting, Power, the incredible problem that the ate Kuwait and win a 4-day land war; in Mr. Speaker, we are inside the 99-yard news media had getting candidate to other words, the Commander of the line. The count is on. answer direct questions, like the New 24th Infantry Division, Mechanized; I had Ronald Reagan tell me that is York Times on Whitewater, who wrote hero from Vietnam, a two-star general, the most important 100 days in your that story on March 8, 1992; 60 Minutes Barry McCaffrey, who retired as a four- life, but particularly in your first race. on January 27; Ted Koppel, on General star SYNC, Commander-in-Chief of He was endorsing me, helping me in Holmes and all the draft problems, on southern command in Panama, and 1976. I was his congressman. I had Lincoln’s birthday, February 12, 1992; who learned down there the enormity helped him try to overtake another and on and on and on. It is in Clinton of the drug war. It is not a war; it will great naval officer, Jerry Ford, because Confidential. be a war under him, maybe. But in to- I was a Californian. Ronald Reagan, as Then read Inside the White House, day’s paper, because he is a friend and I say, endorsed me. and here what the hired help has to say a solid American patriot, I have to give I drove up to his house once. There about the foul speech ricocheting off him the benefit of the doubt that it is he was watering, in a red bathing suit. the walls. Then First in his Class, out of context, he said ‘‘Prior drug use He told me he liked red because he was which takes you back through the should not stop anybody from serving a life guard. I said, gee, why can’t I whole life. You should now be into Oc- in government.’’ look good in a bathing suit? He was tober, and you will get to The Agenda, I know some reporter clipped that tan, he was healthy, he was vigorous, with Bob Woodward, and the volcanic one, because you cannot serve in the and he was 65 years old, and he was 4 eruptions and the wife abuse of George FBI, you cannot serve as an officer and years away from winning the Presi- Stephanopolous. By then you ought to NCO in the military if you have dency. be ready to be a scholar and read On touched cocaine once, as far as I know. I said, I have the John Birch Society the Make, and go back to the early You cannot be an LAPD street cop. I on my case, and all these people, par- days. By then you ought to be ready to cannot speak for New York, where I ties trying to force Rockefeller on me. write your own book. July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8593 I talked about the bibliography in operation involving two heroic broth- ever say her name on the floor. I dis- the back of ‘‘Unlimited Access.’’ Mr. ers, Jewish brothers who had escaped agree with him so let us try this. Speaker, guess what I left out? I Stalin’s wrath and went back under Emery Dalton books, do not read it, it thought I had it. Somebody swiped my harrowing circumstances to operate is stupid. It comes under the heading— book. That is not it, that is ‘‘POW,’’ openly as member of the U.S. Com- I cannot read the subtitle because it in- the definitive book on the torturing to munist Party. And all this time, sec- volves cocaine. But Gennifer Flowers death of Americans by people who are onds away from death sometimes in wrote a book called ‘‘Passion and Be- now giving, fighting for the torture the Kremlin itself, pretending to be trayal.’’ Tough, she deserved to be be- masters to get most-favored-nation loyal Communists when they both trayed. status. dumped out of the Communist Party Now, here is one, ‘‘The Sixties: Years I left out ‘‘Primary Colors,’’ anony- because of the antisemitism, murder of of Hope, Days of Rage.’’ That is a book mous, by anonymous; no long anony- millions of farmers and the purges of from the 1980’s, Bantam, captures the mous. Random House, Joe Klein. military officers by Stalin, the only essence of the new left. That is a fabu- Maybe it is good that that is not in man in history bloodier than Adolf Hit- lous book that I have read. ‘‘The Six- here, because that is fiction, or Joe ler except for possibly Mao. So he has ties: Years of Hope, Days of Rage.’’ But Klein will tell you, fiction based on got all sorts of books. it is about 80 percent puffery; 20 per- fact. He has got Lee Brown’s book, ‘‘Na- cent lets you know the modus operandi I understand that some news organi- tional Drug Control Strategy.’’ And of of people who were stoned most of the zation has told Joe Klein to go on what course Lee’s office was gutted by Clin- time. we Catholics call a retreat, a spiritual, ton. The Glazers, husband and wife, prayerful, reflective retreat, and think He has Califano’s book, ‘‘The Tri- Myron and Penina, ‘‘Whistleblowers: about his period of direct denying to umph and Tragedy of Lyndon John- Exposing Corruption In Government his friends that he was not anonymous. son.’’ So he goes way far afield there, and Industry.’’ Well, that is bipartisan. Since he has now made $6 million on but has got ‘‘Clinton Confidential.’’ He That takes place everywhere. ‘‘Primary Colors,’’ and I just remember has got Hillary’s ‘‘It Takes A village.’’ ‘‘Reporting the Counterculture,’’ where it is, my wife has it upstairs and He goes way back to one of my school Richard Goldstein. Sounds good. I know the next one is good, Mr. she is reading it. She is staying busy, heroes, Alexis de Tocqueville. Remem- ber that quote. Speaker, ‘‘The Federalist Papers,’’ by getting ready to write her own book on New chairman in the chair, once a Alexander Hamilton. James Madison. Clinton. Joe Klein’s book, ‘‘Primary marine, always a marine. We finally passed his 27th amendment Colors.’’ It will say anonymous on the Remember Alexis de Tocqueville’s that we cannot give ourselves pay cover, but believe me, it is Joe Klein. most famous quote: ‘‘As long as Amer- raises while we are sitting here. I do He and I had some long talks in 1992 ica is good, she will be great. When not think we deserve pay raises for a and in the 1988 convention. I withheld America has ceased being good, she long time to come, sitting or even in my judgment whether a reporter has a will cease being great.’’ the next Congress. John Jay, great Jus- right, for public relations reasons, to Then he has DeLoach’s book on Hoo- tice, ‘‘In Defense of Elitism.’’ That advance a back without laying claim to ver. Elizabeth Drew’s book is not here. does not sound like a good title. A good it when it is fiction. I have got to get it. She is excellent, a pocketbook on American society from I guess it is tough when you are writ- fair liberal, hard to find. Not sounding a liberal perspective. ‘‘In Defense of ing tough columns in one of America’s so liberal lately. Her book is called ‘‘On Elitism.’’ three major news magazines, dailies. I The Edge.’’ Clinton always on the ra- Elitism stinks. In the Republican cannot find a time to read them be- zor’s edge. Simon & Schuster. It has Party it is called country clubism. In cause I am reading three others: Na- been out 2 years. How did I miss that? that party it is called limousine lib- tional Review, the Weekly Standard, I am busy, Elizabeth. I am a double eralism. Pass on it. and Crisis, and First Things. Those are chairman, intelligence, military per- AL GORE, ‘‘His Life and Career.’’ A the four I read, so I am not reading sonnel, conference committee. puff piece written by a former FBI much Time, Newsweek, and U.S. News He says, the FBI agent, one of the agent. It might be good. anymore, because there are too many better books on Clinton—my gosh, I Alice had a great career, we are good conservative, factual, truthful am running out of time. classmates, 1976. magazines out that take a more global, Tip O’Neill’s book here, ‘‘Man Of The ‘‘Hill Rats,’’ this was by one of our I mean, a more theological and broad- House,’’ great book. He has got ‘‘The staffers. Great depiction of shenani- er, metaphysical view of the world Ruling Class,’’ Regnery, favorite pub- gans at the other end of Pennsylvania than the news magazines that when I lishing house, 1993. ‘‘The Dysfunctional Avenue. Fair enough. ‘‘Hill Rats.’’ I am was a young man in college, or when I President.’’ Now there is a title that is not calling it the Hill anymore. was a child and first started to read pushing rule XVIII. One of the possible I have got a bumper sticker on the them, at my mother and father’s en- explanations for Bill Clinton’s aberrant back of my window, my Bronco sitting couragement, and heroes were on the behavior, by Paul Flick. I never heard out there, I own a Bronco. I have owned cover, like Roosevelt, Churchill, and of it. three of them 10 years before double- fake heroes who were despots, like Sta- He has got a book I do not rec- throat-slashing O.J. Simpson. I got a lin and, evil personified, like Adolph ommend because it is big sticker, Mr. Speaker, on the back Hitler; those magazines, with not as semipornography, ‘‘Passion and Be- window. It says ‘‘cutthroat island.’’ many ads, and thoughtful essays. But trayal.’’ Gennifer Flowers. That is what I am calling this place of course Henry Luce was around, the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE until further notice, not the Hill. This guy name that named that and Fortune The SPEAKER pro tempore (Mr. is an island up here, old Jenkins Hill, and other things. PETRI). Remarks in debate may include cutthroat island. That is what we got going here until further notice. That b 1430 criticisms of the President’s official ac- tions or policies, they may not include sticker’s great on the back of by Bronc. Now, he gives books that are not nec- criticism on a personal level. Here is one, ‘‘Hill Rat, Inside the essarily just related to the Clintons. I The gentleman may proceed. FBI’’; I already mentioned that by see he has got this ‘‘Unlimited Access,’’ Mr. DORNAN. Mr. Speaker, I under- Kessler. Kessler wrote the book ‘‘Inside FBI agent Gary Aldrich. He has Saul stand. The White House.’’ He mentions, re- Alinsky’s book here, ‘‘Rules for Radi- The title of the book was ‘‘The Dys- member this is an FBI agent, so he cals.’’ He has Bill Clinton: ‘‘Comeback functional President.’’ I never heard of likes all these FBI books. Kid.’’ That is not here. I always it. That could mean politically dys- Then ‘‘The Secret World of American thought that was a book that was just functional. I read the subtitle. I accept Communism.’’ I got to start going fast a puff piece because of that title. that because it discussed behavior. here. ‘‘The Adult Children of Alcoholic He has John Barron’s book that I Gennifer Flowers. Syndrome.’’ Whoa, that ought to be in- have read, ‘‘Operation Solo,’’ inspiring I had a discussion with the Par- teresting given some backgrounds we story of an enormously successful FBI liamentarians here whether I could know about. H8594 CONGRESSIONAL RECORD — HOUSE July 26, 1996 ‘‘Whistleblowers In The Soviet read, great book, ‘‘A Hell of a Ride,’’ it Conversation,’’ Applewood Books, 1988. Union,’’ complaints and abuses under is called. John Podhoretz, great family, I want that book, Mr. Speaker. You state socialism. intellectual family, ‘‘Hell of a Ride,’’ know why? George Washington, when ‘‘Doing Time.’’ Well, that applies to a Simon and Schuster, 1993. Is it a pock- he was 16 years of age, wrote down and lot of people that Mr. Clinton put on et book? published ‘‘Rules of Civility and Behav- the job. Gordon Libby’s book, ‘‘Will.’’ Gail Sheehy, oh, I want to stay on ior for Children’’ at 16, 35 points of be- I see Bob the actor, what is his name, her good side. She writes for Vanity havior. strapped to the front of something in a Fair occasionally, and, boy, it is a When I was an aviation cadet, I was prison where Gordon Liddy was inside rough ride. Her book is called ‘‘Char- asked not so politely, ordered to reforming prisons. He is quite a guy. acter.’’ This is 1990. A good book from memorize the following on words like No fear, that is his middle name, the G- a liberal perspective, useful on AL hell and damn and filthy speech, not in man. GORE. I bet she is fair to him because front of women but in front of combat Rush Limbaugh, ‘‘See, I Told You AL GORE is a man of character. Gail veterans like yourself in combat in So.’’ Boy, do they hate it when Rush Sheey, ‘‘Character.’’ Vietnam. George Washington wrote to keeps bragging about all the things he James Stewart, ‘‘Blood Sport.’’ I got his men at Valley Forge under a gen- predicted. it covered, Aldrich. eral order; that is where we get the ‘‘The Way Things Ought To Be.’’ Michael John Sullivan, ‘‘Presidential name for these special orders. There Well, Rush went positive there and was Passions,’’ up through 1990, so it is are special orders in the military and not quite as painful as, ‘‘See, I Told probably talking about overall White general orders. The general orders You So,’’ because he was right on most House years. ‘‘See How They Run,’’ No- come from the general, and General things. vember publishing, that is also 1990. George Washington, Commander in Here is David Maraniss, ‘‘First In His Pane Taylor, P-A-N-E. Chief, rotten record-breaking winter at Class,’’ recommended by—see, if you Cal Thomas, my buddy. This one is Valley Forge, a third of his men dying get ‘‘Unlimited Access’’ and buy it like going to church, ‘‘The Things That from the inclement weather and the first, it is an easy read. Forget the Matter Most,’’ HarperCollins, 1994. snow, half of them without shoes, grip- stuff that is rumor. And then you get Great man, great book. Cal Thomas, ing at the weather, looking up to God this bibliography in the back. ‘‘Healing ‘‘The Things That Matter Most.’’ for assistance, far enough outside For Adult Children of Alcoholics’’ by Gregory Walden, ‘‘On Best Behav- Philadelphia so as not to be attacked Sara Hines Martin. That book has been ior.’’ Who does that apply to? by the British but close enough to keep out 7 months, probably good. ‘‘The Hudson Institute.’’ Great insti- the pressure on. Mary Matalin and James Carville, I tute. Al Haig was last up there running And he says to them, general order: have got that at home. Mary is my that, great four-star general, my pal. The general, Washington, is sorry to buddy. Cannot say much about the Good Secretary of State. Should have be informed that the foolish and wick- other Catholic for abortion, but ‘‘All’s hung around a whole term, the whole 8 ed practice of profane cursing and Fair,’’ Simon and Schuster. That was a years of Reagan. A good book but writ- swearing is growing into fashion. He big hit and they are great on a show. ten mainly for lawyers about ethical hopes the officers will endeavor to But to get the Cajun off message, you lapses in the Clinton administration. I check it. And he meant NCO’s, too. He have to, I guess, dunk him in ice water say administration, it is OK. hopes the officer will endeavor to or something because he is like a bro- ‘‘Whitewater,’’ the Wall Street Jour- check it and that both they and the ken record. He just keeps saying, co- nal, highly recommended. Wait a men will reflect that they can have lit- caine, so what? Scandals, so what? minute, better than ‘‘Blood Sport’’? tle hope of the blessing of heaven upon Whitewater, so what? Webster Hubbell, Better than Robert James B. Stewart’s our arms if we insult heaven by our im- so what? Vince Foster, so what? So ‘‘Blood Sport’’? The Wall Street Jour- piety and folly. Added to this, it is a what, so what, so what? Have a shrimp, nal’s book ‘‘Whitewater,’’ and it has vice so mean and so low without any have a catfish. Mary, keep an eye on been out 2 years? I will accept the temptation that every man of sense that guy. I guess he is cute. FBI’s analysis. Get ‘‘Whitewater’’ and and character detests and despises it. ‘‘Unraveling of America: History of read it before ‘‘Blood Sport,’’ but read They ought to clean up their mouths Liberalism in the 1960’s.’’ This one I ‘‘Blood Sport,’’ too. at the White House, get George Wash- know of, excellent description of new ‘‘The Agenda,’’ got it covered, agent ington’s book and read it. left infiltration of academia, the Aldrich. ‘‘The Agenda,’’ Simon and b media. And they are still all around us Schuster, now 2 years old, a book with 1445 here in Government. I will read that its own agenda. It is inaccurate, uh-oh, Now, Michael McCurry, who is not one again, Allen Matusow, M-A-T-U-S- and this misses most of the salient protected by Rule 18, I assume. He is O-W, ‘‘Unraveling of America: History characteristics of this Clinton adminis- Irish. He may be Catholic with that of Liberalism in the 1960’s.’’ tration. Well, then read it last, read name. That was a disgraceful perform- Peggy Noonan, I got that one at ‘‘The Choice’’ first. Read Woodward’s ance of his to stand before this Nation home, ‘‘What I Saw at the Revolution.’’ book ‘‘The Agenda’’ last. I just like and say: When I was a kid, I used mari- But that only brings you up to 1989. those temper tantrums in it, that is juana. A New York Times reporter told Ollie North and William Novak, ‘‘Under all. me he swore the next line our of his Fire’’; good book. ‘‘On the Make,’’ Here is the last one, oh, my gosh, mouth was going to be, And I snorted thank you, agent Gary Aldrich. You agent Aldrich, let us have lunch. Mr. coke a little bit. Thank heavens he did have got all my books here, ‘‘On the Speaker, let us, you and I, have lunch not say that. But he was cavalier about Make.’’ with agent Aldrich. Listen to his last that. Regnery again, 1994, Tip O’Neill, I al- recommendation. George Washington, What did I do? I checked his birth- ready said that is a great book, ‘‘Man the most prolific writing President in day. October 27 of a year that made of the House.’’ Tom Pauken, ‘‘The American history. They still have him, in the 1970’s, 15 to 25. Now, is a 15- Thirty Years War,’’ best book on this handwritten journals of the Father of year-old kid on September 2, the fif- page. Tom Pauken, terrific Vietnam our Country, first in war, first in tieth anniversary of World War II, I vet, decorated, wounded, President Re- peace, first in the hearts of his coun- was with five people who were in com- publican State chairman of Texas trymen. Ninety journals have not yet bat at 12 and 13 and 14 and 15 years of State, ‘‘The Thirty Years War.’’ He been updated, ended and published. The age. sent me the book. This is a confession, most prolific writer. Everybody thinks But, yes, when people are slaughtered I have never read it. Why? Is there a Jefferson is the scholar and he is the like a school in Israel, they were sen- pocket book? Thomas, send it to me, I warrior Statesman. This is an intel- iors in high school, a bomb was thrown hope, Mr. Speaker. lect, George Washington. in, we called them children. Okay. Personal experience of the new left Listen to what he says: His book, They are adults to have sex and get with which agent Aldrich says he could ‘‘George Washington’s Rules of Civility condoms and be lectured to about ho- readily identify. John Podhoretz, fast and Decent Behavior in Company and mosexuality when they are 10, 11, and July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8595 12. But I have got a 15-year-old grand- uncle, Jack Haley, the Tin Man in the the brains out. They had to adapt a child and, yes, he is a kid sometimes Wizard of Oz, and that Irish actor and tool to do that. and other times he is a top A scholar that Irish politician were dealing in Mr. STOCKMAN. And I want to point and a student. first names about friends and people out to the Speaker that we have re- But if he is talking about his high they had not seen in 40 and 50 years. ceived, and I am holding in my hand a school years, what a disgrace. But But Tip O’Neill indicated to me, for letter which I will submit for the what I meant, let me jump to the other speaking out in the well on the Pan- RECORD, we have in my district a good end. Does McCurry mean he smoked ama Canal and the B–1 bomber, and on Catholic diocese, and the staff from pot at 25? I had been out of the Air three issues he told me he disliked, this there have signed this petition asking Force 2 years at 25 and I was an F–100 is Tip O’Neill, ‘‘Man of the House,’’ I that the Congress override the Presi- element leader at 23 years of age, a su- just mentioned his book, abortion, bus- dent’s veto. personic fighter. And if I had smoked ing, and Koreagate. Koreagate, if you We had even PATRICK KENNEDY vot- pot, I would have been betraying my recall, way before your time, was a ing with us on this issue. It was a bi- officer’s oath and military oath and if scandal with people going around here partisan vote, and I cannot believe that I had been an enlisted man I would with bags of money corrupting Con- we have to override the President on it. have been kicked out of the Air Force. gressmen and, of course, it was uncom- They are going to be holding candle- You cannot be an FBI agent like Gary fortable to him. But to not talk about light vigils all across America in Sep- Aldrich if you are cavalier about drug it would have been blindsiding the tember and I think once people find out use. You still cannot touch it at West American people. Busing was a cultural about this issue and get educated on Point. issue that was tearing communities this issue, like my good friend from Who does Michael McCurry think he apart. California has so articulately explained is to say: I smoked pot in the 1970’s and Mr. STOCKMAN. Which now we real- to the American people, they will here I am now. If you do not inhale, ized we spent more money on busing unanimously support the Congress’ ef- you get to be President? If you smoke and we should have been spending it on fort to stop this sad tragedy in Amer- it and you are cavalier, you get to be schools. ica today. press secretary? It is unbelievable. Mr. DORNAN. Right, and how could a Mr. Speaker, I yield 1 minute to my Why did not he say and it was wrong good Irish Catholic politician tell me good friend from California. and I broke the law? Smoking mari- not to talk about abortion, the chief Mr. DORNAN. Get this on Michael juana is 40 times worse for your lungs moral issue? And now we are debating McCurry. I ask unanimous consent to in carcinogenic effect than a cigarette. homosexual sodomy marriage and kill- put in the information my staff has This is unbelievable. I will do an hour ing a baby by puncturing his head and gotten me. I did not give the year he next week on drug use in the White taking its brains out when his arms was born. October 27, 1954. I first flew House, as I did an hour press con- and legs are out in the world moving in a jet 6 days before that. He attended ference out there today with my class- and it is four-fifths born. That, as the Princton from 1972 to 1976. Was he a mate, BOB WALKER. Pope says and Billy Graham says, is in- kid, for God’s sake? He graduated Mr. Speaker, we are in a war for the fanticide. magna cum laude smoking pot. Do you soul of our country. Read these books, Mr. STOCKMAN. That is exactly why know what that does? It tells kids you and vote for Bob Dole. I came to the well to day to talk about. can use drugs and graduate cum laude. f BOB, are you getting these little green Mr. STOCKMAN. Mr. Speaker, the fact that cards from your constituents? They are Congress is still debating the legality of partial- NEED TO END PARTIAL-BIRTH put out by the Catholic Church and Mr. birth abortion shows the decline of our Na- ABORTION Speaker they are putting them in—— tion's moral and spiritual health. The truth is The SPEAKER pro tempore. Under a f that this cruel and morbid procedure should previous order of the House, the gen- end. My hope is that our Nation will soon le- tleman from Texas [Mr. STOCKMAN] is ANNOUNCEMENT BY THE SPEAKER gally recognize that the unborn must be pro- recognized for 5 minutes. PRO TEMPORE tected from this immoral procedure. Mr. STOCKMAN. Mr. Speaker, I want The SPEAKER pro tempore (Mr. There is widespread consensus on this to say to the gentleman from Califor- GILCHREST). The gentleman from Texas issue from Members of both parties. Our op- nia, it is always a joy to hear my good [Mr. STOCKMAN] will suspend for a mo- position to partial-birth abortion is rooted as friend from California speak as he ment. The gentleman will address his much from our spiritual beliefs as from com- speaks from the heart and he speaks remarks to the Chair. mon sense. This procedure could hardly be the truth. And if there is one thing Mr. DORNAN. Mr. Speaker, would more brutal in its execution and deserves to that the gentleman has taught me, is the gentleman yield? be outlawed. that speaking the truth does not make Mr. STOCKMAN. Let me do this real My constituents have overwhelmingly con- you popular, but it is for the record quick. demned this so-called medical procedure. For and for the people to hear, and I want Mr. DORNAN. Ask for unanimous example, 24 staff members from the Catholic to thank my good friend from Califor- consent to engage in a colloquy. Diocese of Beaumont, TX, signed a letter urg- nia. The SPEAKER pro tempore. The gen- ing me to vote in favor of overriding President Mr. DORNAN. Mr. Speaker, will the tleman has 5 minutes and cannot have Clinton's veto of H.R. 1833, the Partial Birth gentleman yield? additional time. This is a 5-minute spe- Abortion Ban Act. Mr. STOCKMAN. I yield to the gen- cial order. The gentleman has 21⁄2 min- I insert this letter into the RECORD at this tleman from California. utes remaining. time. Mr. DORNAN. Mr. Speaker, I think I Mr. STOCKMAN. I just want to say DIOCESAN PASTORAL OFFICE, scare some liberals when I get passion- to the Sepaker, we got thousands of DIOCESE OF BEAUMONT, ate. Have you ever seen me carry that these little cards talking about a baby Beaumont, TX, May 24, 1996. passion or any ill will in the Speaker’s that was born halfway and coming out Rep. STEVE STOCKMAN, 9th District, Cannon House Office Building, lobby or in the Cloakroom or anywhere of the mother’s birth canal. And what Washington, DC. in the Halls of this place? they do is they go in the back with the DEAR REP. STOCKMAN: Our staff here at the Mr. STOCKMAN. No, absolutely not. forceps and puncture the back of the Catholic Diocese of Beaumont write to urge I think you are respected for your pas- head and suck it out. And I am in a dis- you to vote to override President Clinton’s sion toward both sides of the aisle. trict in which I was written by the veto of HR 1833, the Partial-Birth Abortion Mr. DORNAN. You are a freshman. Catholic diocese. Ban Act. When I was a freshman, I hit the Mr. DORNAN. Would the gentleman Signed: ground running like you, like your yield? It is not forceps. They do not Father Michael Jamail, Colleen Vice, Gail Hernandez, Anne Steinman, Nancy whole wonderful nonextremist main- even have an instrument of death for Fontenot, Gertrude Morrison, Sandra line class. And I loved Tip O’Neill, the this. They use Mendelson’s scissors and Borel, Deede Covington, Father Rich- Speaker of the House. He sat with me they shove them in and open them up ard de Stefano, Rita Frederick, Caro- alone in his office for 1 hour with my to tear the back of the skull to take lyn Koch, Rosalind Sanchez, Father H8596 CONGRESSIONAL RECORD — HOUSE July 26, 1996

James Vanderbilt, Joyce Borque, Mary Mr. FORBES. ment Rate [Docket No. FV96–956–2 FIR] re- Cooke, Marilyn Vollmer, Evelyn E. Mr. MANZULLO. ceived July 26, 1996, pursuant to 5 U.S.C. Kummer, Marilyn Price, Karen Gilmer, 801(a)(1)(A); to the Committee on Agri- f Father Stephen T. Smithers, Beverly culture. Escamilla, Addie Weems, S. Janice SENATE BILLS REFERRED 4384. A letter from the Acting Under Sec- Matthews, Carol M. Duhon. retary for Food Safety, Food and Safety In- f Bills of the Senate of the following spection Service Agency, transmitting the titles were taken from the Speaker’s Service’s final rule—Use of Trisodium Phos- LEAVE OF ABSENCE table and, under the rule, referred as phate on Raw, Chilled Poultry Carcasses follows: [Docket No. 92–026F] (RIN: 0583–AB65) re- By unanimous consent, leave of ab- ceived July 25, 1996, pursuant to 5 U.S.C. S. 1675. An act to provide for the nation- sence was granted to: 801(a)(1)(A); to the Committee on Agri- wide tracking of convicted sexual predators, Mr. HOLDEN (at the request of Mr. culture. and for other purposes; to the Committee on GEPHARDT), for today, on account of 4385. A letter from the Assistant to the the Judiciary, and in addition to the Com- Board, Board of Governors of the Federal Re- medical reasons. mittee on the Judiciary, for a period to be Mr. DOGGETT (at the request of Mr. serve System, transmitting the Board’s final subsequently determined by the Speaker, in rule—International Banking Operations GEPHARDT), for today, on account of of- each case for consideration of such provi- [Regulation K; Docket No. R–0916] received ficial business. sions as fall within the jurisdiction of the July 25, 1996, pursuant to 5 U.S.C. f committee concerned. 801(a)(1)(A); to the Committee on Banking S. 1784. An act to amend the Small Busi- and Financial Services. SPECIAL ORDERS GRANTED ness Investment Act of 1958, and for other 4386. A letter from the Administrator of purposes; to the Committee on Small Busi- National Banks, Comptroller of the Cur- By unanimous consent, permission to ness. address the House, following the legis- rency, transmitting the Office’s final rule— lative program and any special orders f Management Official Interlocks [Docket No. 96–15](RIN: 1557–AB39) received July 25, 1996, heretofore entered, was granted to: ENROLLED BILL SIGNED pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (The following Members (at the re- Mr. THOMAS, from the Committee mittee on Banking and Financial Services. quest of Mr. MONTGOMERY) to revise on House Oversight, reported that that 4387. A letter from the General Counsel, and extend their remarks and include Department of Housing and Urban Develop- committee had examined and found extraneous material:) ment, transmitting the Department’s final truly an enrolled bill of the House of Ms. DELAURO, for 5 minutes, today. rule—Single Family Mortgage Insurance— the following title, which was there- Loss Mitigation Procedures [Docket No. FR– Mrs. SCHROEDER, for 5 minutes, upon signed by the Speaker: 4032–I–01] (RIN: 2502–AG72) received July 25, today. H.R. 1114. An act to authorize minors who 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Ms. JACKSON-LEE of Texas, for 5 min- are under the child labor provisions of the Committee on Banking and Financial Serv- utes, today. Fair Labor Standards Act of 1938 and who are ices. Mr. WISE, for 5 minutes, today. under 18 years of age to load materials into 4388. A letter from the Acting Director, Of- (The following Members (at the re- bailers and compactors that meet appro- fice of Management and Budget, transmit- quest of Mr. WHITE) to revise and ex- priate American National Standards Insti- ting OMB’s estimate of the amount of tend their remarks and include extra- tute design safety standards. change in outlays or receipts, as the case neous material:) may be, in each fiscal year through fiscal f year 2002 resulting from passage of H.R. 2853, Mr. JONES, for 5 minutes, on July 29. BILLS PRESENTED TO THE pursuant to Public Law 101–508, section Mr. STOCKMAN, for 5 minutes, today. 13101(a) (104 Stat. 1388–582); to the Committee Mr. GOSS, for 5 minutes, today. PRESIDENT on the Budget. Mr. REGULA, for 5 minutes, on July Mr. THOMAS, from the Committee 4389. A letter from the Acting Director, Of- 30. on House Oversight, reported that that fice of Management and Budget, transmit- Mr. HANSEN, for 5 minutes, on July committee did on this day present to ting OMB’s estimate of the amount of 30. the President, for his approval, bills of change in outlays or receipts, as the case may be, in each fiscal year through fiscal Mr. WHITE, for 5 minutes, today. the House of the following titles: year 2002 resulting from passage of H.R. 1508 Mr. KASICH, for 5 minutes, today. H.R. 1627. An act to amend the Federal In- and H.R. 3121, pursuant to Public Law 101– Mr. GUTKNECHT, for 5 minutes, today. secticide, Fungicide, and Rodenticide Act 508, section 13101(a) (104 Stat. 1388–582); to the Mr. SAXTON, for 5 minutes each day, and the Federal Food, Drug, and Cosmetic Committee on the Budget. on July 30 and 31 and August 1. Act, and for other purposes; and 4390. A letter from the Secretary of En- H.R. 3235. An act to amend the Ethics in ergy, transmitting the Department’s report f Government Act of 1978, to extend the au- entitled, ‘‘Summary of Expenditures of Re- EXTENSION OF REMARKS thorization of appropriations for the Office bates from the Low-Level Radioactive Waste of Government Ethics for 3 years, and for Surcharge Escrow Account for Calendar Year By unanimous consent, permission to other purposes. 1995,’’ pursuant to 42 U.S.C. revise and extend remarks was granted f 2120e(d)(2)(E)(ii)(II); to the Committee on to: Commerce. (The following Members (at the re- ADJOURNMENT 4391. A letter from the Director, Office of Management and Information, Environ- quest of Mr. MONTGOMERY) and to in- Mr. STOCKMAN. Mr. Speaker, I clude extraneous matter:) mental Protection Agency, transmitting the move that the House do now adjourn. Agency’s final rule—Fenpropathrin; Pes- Ms. DELAURO. The motion was agreed to; accord- ticide Tolerance [PP 4F427/R2253; FRL–5385– Mr. MILLER of California. ingly (at 2 o’clock and 55 minutes 1] (RIN: 2070–AB78) received July 25, 1996, (The following Members (at the re- p.m.), under its previous order, the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- quest of Mr. WHITE) and to include ex- House adjourned until Monday, July 29, mittee on Commerce. traneous matter:) 1996, at 12:30 p.m. for morning hour de- 4392. A letter from the Director, Office of Mr. EHLERS. Management and Information, Environ- bates. mental Protection Agency, transmitting the Mr. CANADY of Florida. f Agency’s final rule—Diethyl Phthalate; Mr. DUNCAN. Toxic Chemical Release Reporting; Commu- Mr. WAMP. EXECUTIVE COMMUNICATIONS, nity Right-to-Know [OPPTS–400096A; FRL– Mr. BURTON of Indiana. ETC. 5372–6] received July 25, 1996, pursuant to 5 Mr. MANZULLO. Under clause 2 of rule XXIV, execu- U.S.C. 801(a)(1)(A); to the Committee on (The following Members (at the re- tive communications were taken from Commerce. 4393. A letter from the Director, Office of quest of Mr. STOCKMAN) and to include the Speaker’s table and referred as fol- extraneous matter:) Regulatory Management and Information, lows: Environmental Protection Agency, transmit- Mrs. FOWLER in two instances. 4383. A letter from the Administrator, Ag- ting the Agency’s final rule—Revocation of Mr. STENHOLM in two instances. ricultural Marketing Service, transmitting Pesticide Food Additive Regulations [OPP– Mr. LEVIN. the Service’s final rule—Sweet Onions Grown 300360B; FRL–5388–2] (RIN: 2070–AB78) re- Mr. COYNE. in the Walla Walla Valley of Southeast ceived July 25, 1996, pursuant to 5 U.S.C. Ms. MCCARTHY. Washington and Northeast Oregon; Assess- 801(a)(1)(A); to the Committee on Commerce. July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8597 4394. A letter from the Director, Office of mitting the Commission’s final rule— the Service’s final rule—Rulings and Deter- Regulatory Management and Information, Amendment of Section 73.202(b), Table of Al- mination Letters (Revenue Procedure 96–39) Environmental Protection Agency, transmit- lotments, FM Broadcast Stations (Fred- received July 25, 1996, pursuant to 5 U.S.C. ting the Agency’s final rule—Cyfluthrin; ericksburg, Helotes and Castroville, Texas) 801(a)(1)(A); to the Committee on Ways and Pesticide Tolerance [PP 2F4137/R2259; FRL– [MM Docket No. 94–125] received July 26, Means. 5387–2] (RIN: 2070–AF78) received July 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the f 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. Committee on Commerce. 4404. A letter from the Director, Regula- REPORTS OF COMMITTEES ON 4395. A letter from the Director, Office of tions Policy Management Staff, Office of PUBLIC BILLS AND RESOLUTIONS Regulatory Management and Information, Policy, Food and Drug Administration, Under clause 2 of rule XIII, reports of Environmental Protection Agency, transmit- transmitting the Administration’s final committees were delivered to the Clerk ting the Agency’s final rule—Norflurazon; rule—Revocation of Certain Device Regula- Pesticide Tolerance [PP 9F3766/R2254; FRL– tions [Docket No. 95N–310R] (RIN: 0910–AA54) for printing and reference to the proper 5385–3] (RIN: 2070–AB78) received July 25, received July 26, 1996, pursuant to 5 U.S.C. calendar, as follows: 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Commerce. Mr. YOUNG of Alaska: Committee on Re- Committee on Commerce. 4405. A letter from the Director, Regula- sources. H.R. 2636. A bill to transfer jurisdic- 4396. A letter from the Director, Office of tions Policy Management Staff, Office of tion over certain parcels of Federal real Regulatory Management and Information, Policy, Food and Drug Administration, property located in the District of Columbia, Environmental Protection Agency, transmit- transmitting the Administration’s final and for other purposes; with amendment ting the Agency’s final rule—1,1- rule—Current Good Manufacturing Practice (Rept. 104–368, Pt. 2). Referred to the Com- Difluoroethane; Tolerance Exemption in Manufacturing, Processing, Packing, or mittee of the Whole House on the State of [PP5E04443/R2258; FRL–5386–8] (RIN: 2070– Holding of Drugs; Revisions of Certain Label- the Union. AB78) received July 25, 1996, pursuant to 5 ing Controls; Partial Extension of Compli- Mr. YOUNG of Alaska: Committee on Re- U.S.C. 801(a)(1)(A); to the Committee on ance Date [Docket No. 88N–0320] received sources. H.R. 3006. A bill to provide for dis- posal of public lands in support of the Commerce. July 26, 1996, pursuant to 5 U.S.C. Manzanar Historic Site in the State of Cali- 4397. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Commerce. Regulatory Management and Information, 4406. A letter from the Director, Office of fornia, and for other purposes; with amend- ments (Rept. 104–709). Referred to the Com- Environmental Protection Agency, transmit- Congressional Affairs, Nuclear Regulatory mittee of the Whole House on the State of ting the Agency’s final rule—I/M Program Commission, transmitting the Commission’s the Union. Requirement—On Board Diagnostic Checks final rule—Decommissioning of Nuclear Mr. THOMAS: Committee on House Over- [FRL–5543–7] (RIN: 2060–AE19) received July Power Reactors (RIN: 3150–AE96) received sight. H.R. 3491. A bill to repeal the Amer- 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to July 26, 1996, pursuant to 5 U.S.C. ican Folklife Preservation Act; with an the Committee on Commerce. 801(a)(1)(A); to the Committee on Commerce. amendment (Rept. 104–710). Referred to the 4398. A letter from the Director, Office of 4407. A letter from the Executive Director, Committee of the Whole House on the State Regulatory Management and Information, Committee for Purchase from People Who of the Union. Environmental Protection Agency, transmit- Are Blind or Severely Disabled, transmitting Mr. YOUNG of Alaska: Committee on Re- ting the Agency’s final rule—Approval and the Committee’s final rule—Additions to the sources. H.R. 3579. A bill to direct the Sec- Promulgation of Implementation Plans Ten- Procurement List (41 U.S.C. Sec. 47(a)(2) re- retary of the Interior to convey certain prop- nessee: Approval of Revisions to the Ten- ceived July 25, 1996, pursuant to 5 U.S.C. erty containing a fish and wildlife facility to nessee State Implementation Plan Regard- 801(a)(1)(A); to the Committee Reform and the State of Wyoming, and for other pur- ing Prevention of Significant Deterioration Oversight. poses; with an amendment (Rept. 104–711). [TN 119–1–6379a; TN 172–1–9639a; FRL–5539–9] 4408. A letter from the General Counsel, Referred to the Committee of the Whole received July 25, 1996, pursuant to 5 U.S.C. Department of Transportation, transmitting House on the State of the Union. 801(a)(1)(A); to the Committee on Commerce. the Department’s final rule—Airworthiness Mr. BLILEY: Committee on Commerce. 4399. A letter from the Director, Office of Directives; Pratt & Whitney Wasp Series and H.R. 3868. A bill to extend certain programs Regulatory Management and Information, R–1340 Series (Military) Reciprocating En- under the Energy Policy and Conservation Environmental Protection Agency, transmit- gines (Federal Aviation Administration) Act through September 30, 1996 (Rept. 104– ting the Agency’s final rule—Clean Air Act [Docket No. 95–ANE–26; Amendment 39–9693; 712). Referred to the Committee of the Whole Reclassification; Arizona-Phoenix Area; Car- AD 96–15–02] (RIN: 2120–AA64) received July House on the State of the Union. bon Monoxide [AZR91–003; FRL–5543–6] re- 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. YOUNG of Alaska: Committee on Re- ceived July 25, 1996, pursuant to 5 U.S.C. the Committee on Transportation and Infra- sources. H.R. 3024. A bill to provide a process 801(a)(1)(A); to the Committee on Commerce. structure. leading to full self-government for Puerto 4400. A letter from the Director, Office of 4409. A letter from the General Counsel, Rico; with an amendment (Rept. 104–713, Pt. Regulatory Management and Information, Department of Transportation, transmitting 1). Ordered to be printed. Environmental Protection Agency, transmit- the Department’s final rule—CFR Chapter Mr. SHUSTER: Committee on Transpor- ting the Agency’s final rule—Clean Air Act Name Change (Federal Aviation Administra- tation and Infrastructure. H.R. 3539. A bill to Final Full Approval of Operating Permits tion) [Docket No. 28636] (RIN: 2120–ZZ02) re- amend title 49, United States Code, to reau- Program; Final Approval of Operating Per- ceived July 25, 1996, pursuant to 5 U.S.C. thorize programs of the Federal Aviation Ad- mit and Plan Approval Programs Under Sec- 801(a)(1)(A); to the Committee on Transpor- ministration, and for other purposes; with an tion 112(1); Final Approval of State Imple- tation and Infrastructure. amendment (Rept. 104–714, Pt. 1). Ordered to mentation Plan Revision for the Issuance of 4410. A letter from the General Counsel, be printed. Federally Enforceable State Plan Approvals Department of Transportation, transmitting DISCHARGE OF COMMITTEE and Operating Permits Under Section 110; the Department’s final rule—Airworthiness Pursuant to clause 5 of rule X the Commonwealth of Pennsylvania [PA065–4025; Directives; Fairchild Aircraft SA226 and Committee on Government Reform and AD FRL–5535–3] received July 25, 1996, pursu- SA227 Series Airplanes (Federal Aviation Ad- Oversight discharged from further con- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ministration) [Docket No. 93–CE–35–AD; sideration. H.R. 2636 referred to the on Commerce. Amendment 39–9689; AD 93–15–02 R2] (RIN: 4401. A letter from the Director, Office of 2120–AA64) received July 25, 1996, pursuant to Committee of the Whole House on the Regulatory Management and Information, 5 U.S.C. 801(a)(1)(A); to the Committee on State of the Union. Environmental Protection Agency, transmit- Transportation and Infrastructure. Pursuant to clause 5 of rule X the ting the Agency’s final rule—Approval and 4411. A letter from the Director, Office of Committee on Rules discharged from Promulgation of Air Quality Implementa- Regulations Management, Department of further consideration. H.R. 3539 re- tion Plans; Pennsylvania; General Operating Veterans Affairs, transmitting the Depart- ferred to the Committee of the Whole Permit and Plan Approval Program [PA065– ment’s final rule—Part-Time Career Employ- House on the State of the Union. 4026; FRL–5535–2] received July 25, 1996, pur- ment Program (RIN: 2900–AH75) received f suant to 5 U.S.C. 801(a)(1)(A); to the Commit- July 25, 1996, pursuant to 5 U.S.C. tee on Commerce. 801(a)(1)(A); to the Committee on Veterans’ TIME LIMITATION OF REFERRED 4402. A letter from the Managing Director, Affairs. BILL Federal Communications Commission, trans- 4412. A letter from the Chief, Foreign mitting the Commission’s final rule—Poli- Trade Division, Bureau of the Census, trans- Pursuant to clause 5 of rule X the fol- cies and Rules Governing Interstate Pay- mitting the Bureau’s final rule—Collection lowing action was taken by the Speak- Per-Call and Other Information Services of Canadian Province of Manufacture Infor- er: Pursuant to the Telecommunications Act of mation for Softwood Lumber on Customs H.R. 3024. Referral to the Committee on 1996 [CC Docket No. 96–146; FCC 96–289] re- Entry Records (15 CFR Part 30) received July Rules extended for a period ending not later ceived July 26, 1996, pursuant to 5 U.S.C. 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to than September 18, 1996. 801(a)(1)(A); to the Committee on Commerce. the Committee on Ways and Means. H.R. 3539. Referral to the Committee on 4403. A letter from the Managing Director, 4413. A letter from the Chief, Regulations Ways and Means extended for a period ending Federal Communications Commission, trans- Unit, Internal Revenue Service, transmitting not later than September 29, 1996. H8598 CONGRESSIONAL RECORD — HOUSE July 26, 1996 PUBLIC BILLS AND RESOLUTIONS WATERS, Mr. CONYERS, and Mr. Petition 13 by Mr. CONDIT on House Reso- CUMMINGS): lution 443: David M. McIntosh. Under clause 5 of rule X and clause 4 H. Res. 491. Resolution expressing the sense Petition 15 by Mr. BONILLA on House Res- of rule XXII, public bills and resolu- of the House of Representatives that crimi- olution 466: Steve Stockman, David M. tions were introduced and severally re- nals from the genocide in Rwanda should be McIntosh, Sonny Bono, John J. Duncan, Jr., ferred as follows: brought to justice by the International Charles H. Taylor, Walter B. Jones, Jr., J.D. By Mr. HANSEN (for himself and Mr. Criminal Tribunal for Rwanda; to the Com- Hayworth, Solomon P. Ortiz, J.C. Watts, Jr., MARTINI): mittee on International Relations. Pete Geren, Chet Edwards, and Helen H.R. 3907. A bill to facilitate the 2002 Win- f Chenoweth. ter Olympic Games in the State of Utah at f the Snowbasin Ski Area, to provide for the ADDITIONAL SPONSORS AMENDMENTS acquisition of lands within the Sterling For- Under clause 4 of rule XXII, sponsors est Reserve, and for other purposes; to the were added to public bills and resolu- Under clause 6 of rule XXIII, pro- Committee on Resources. tions as follows: posed amendments were submitted as By Mr. FAZIO of California: H.R. 1127: Mr. HOLDEN. follows: H.R. 3908. A bill to prevent the illegal man- H.R. 1281: Mrs. MORELLA. H.R. 123 ufacturing and use of methamphetamine; to H.R. 1920: Mr. FRANKS of New Jersey. the Committee on the Judiciary, and in addi- OFFERED BY: MR. CUNNINGHAM H.R. 2167: Mr. VOLKMER. tion to the Committee on Commerce, for a (Amendment in the Nature of a Substitute) H.R. 2400: Mr. TORRICELLI and Mr. WALSH. period to be subsequently determined by the AMENDMENT NO. 1: Strike all after the en- H.R. 2434: Mr. EDWARDS. Speaker, in each case for consideration of H.R. 2480: Mr. BUYER. acting clause and insert the following: such provisions as fall within the jurisdic- H.R. 2807: Mr. WICKER. SECTION 1. SHORT TITLE. tion of the committee concerned. H.R. 2892: Mr. GUTIERREZ, Ms. SLAUGHTER, This Act may be cited as the ‘‘English Lan- By Mr. NADLER: and Ms. FURSE. guage Empowerment Act of 1996’’. H.R. 3909. A bill to improve aviation secu- H.R. 2976: Mr. GILLMOR, Mr. TORRICELLI, TITLE I—ENGLISH LANGUAGE rity by requiring the installation of certain and Mr. WATT of North Carolina. EMPOWERMENT explosive detection equipment at certain air- H.R. 3123: Mr. WELDON of Florida. ports, by requiring the installation of explo- SEC. 101. FINDINGS. H.R. 3195: Mr. SALMON. sive resistant cargo containers on aircraft, The Congress finds and declares the follow- H.R. 3244: Ms. DUNN of Washington, Mr. to provide assistance for the acquisition of ing: JEFFERSON, Mr. JACOBS, Mr. LEWIS of Califor- such equipment, and for other purposes; to (1) The United States is comprised of indi- nia, Mr. FOX, and Mr. HAYES. the Committee on Transportation and Infra- viduals and groups from diverse ethnic, cul- H.R. 3283: Mr. HOYER. structure. tural, and linguistic backgrounds. H.R. 3294: Mrs. THURMAN. By Mr. ORTIZ (for himself and Mr. (2) The United States has benefited and H.R. 3427: Mr. DOOLITTLE and Mr. NEY. HORNBERRY continues to benefit from this rich diversity. T ): H.R. 3515: Ms. KAPTUR, Mr. BRYANT of (3) Throughout the history of the United H.R. 3910. A bill to provide emergency Texas, Mr. EVANS, and Mr. LEVIN. States, the common thread binding individ- drought relief to the city of Corpus Christi, H.R. 3556: Ms. FURSE and Mr. SAWYER. uals of differing backgrounds has been a TX, and the Canadian River Municipal Water H.R. 3590: Mr. FRAZER, Mr. MCDERMOTT, common language. Authority, TX and for other purposes; to the and Mr. ACKERMAN. (4) In order to preserve unity in diversity, Committee on Resources. H.R. 3609: Mr. HOUGHTON, Mr. OLVER, Mr. and to prevent division along linguistic By Mr. PALLONE: MCDERMOTT, Mr. DELLUMS, Ms. MCKINNEY, lines, the Federal Government should main- H.R. 3911. A bill to establish the Great Mr. BEILENSON, and Mrs. MORELLA. tain a language common to all people. Falls Historic District in the State of New H.R. 3618: Ms. WOOLSEY, Mr. OWENS, and (5) English has historically been the com- Jersey, and for other purposes; to the Com- Mr. HYDE. mon language and the language of oppor- mittee on Resources. H.R. 3687: Mr. INGLIS of South Carolina. tunity in the United States. By Mr. PORTER: H.R. 3710: Ms. ROYBAL-ALLARD, Mr. MAS- (6) The purpose of this title is to help im- H.R. 3912. A bill to amend the Federal Elec- CARA, and Mrs. FOWLER. migrants better assimilate and take full ad- tion Campaign Act of 1971 to encourage com- H.R. 3724: Mr. CLINGER and Mr. GALLEGLY. vantage of economic and occupational oppor- pliance with spending limits on elections for H.R. 3753: Mr. HAYWORTH and Mr. LAHOOD. tunities in the United States. the House of Representatives and enhance H.R. 3766: Mr. STARK, Mr. OWENS, Mrs. (7) By learning the English language, im- the importance of individual contributions LOWEY, and Mr. WOLF. migrants will be empowered with the lan- and contributions originating within con- H.R. 3775: Ms. GREENE of Utah and Mr. SEN- guage skills and literacy necessary to be- gressional districts; to the Committee on SENBRENNER. come responsible citizens and productive House Oversight. H.R. 3783: Mr. HOLDEN, Mr. CAMP, Mr. NEY, workers in the United States. By Mr. ARMEY: Mr. SENSENBRENNER, Mr. FOX, and Mr. SHU- (8) The use of a single common language in H. Con. Res. 203. Concurrent resolution STER. conducting official business of the Federal providing for an adjournment of both H.R. 3807: Mr. KENNEDY of Massachusetts, Government will promote efficiency and fair- Houses; considered and agreed to. Mr. SPRATT, and Mr. BENTSEN. ness to all people. By Mr. FORBES (for himself, Mr. H.R. 3821: Mr. KENNEDY of Massachusetts, (9) English should be recognized in law as MCDADE, Mr. CRAMER, Mr. LAZIO of Mr. MEEHAN, Mr. DURBIN, Mr. EHLERS, and the language of official business of the Fed- New York, Mr. FRISA, Mr. KING, and Mr. GREEN of Texas. eral Government. Mr. ACKERMAN): H.R. 3830: Mr. WATT of North Carolina and (10) Any monetary savings derived from H. Con. Res. 204. Concurrent resolution ex- Mr. CUMMINGS. the enactment of this title should be used for pressing the sense of Congress concerning H.R. 3839: Mr. COSTELLO. the teaching of the English language to non- the tragic crash of Trans World Airlines H.R. 3863: Mr. KNOLLENBERG, Mr. FOX, Mr. English speaking immigrants. flight 800; to the Committee on Transpor- ENGLISH of Pennsylvania, Mr. MCHUGH, Mr. tation and Infrastructure. WELDON of Pennsylvania, Mr. BORSKI, and SEC. 102. ENGLISH AS THE OFFICIAL LANGUAGE OF FEDERAL GOVERNMENT. By Mr. COX (for himself, Mr. BONO, Mr. Mr. ZIMMER. (a) IN GENERAL.—Title 4, United States BROWN of Ohio, Mr. FUNDERBURK, Mr. H.R. 3879: Mr. ABERCROMBIE, Mr. FRAZER, Code, is amended by adding at the end the LANTOS, Ms. PELOSI, Mr. ROYCE, Mr. Mr. RAHALL, Mr. ROMERO-BARCELO, and Mr. following new chapter: SCARBOROUGH, Mr. SMITH of New Jer- HAMILTON. sey, Mr. SOLOMON, Mr. TORRICELLI, H.J. Res. 114: Mr. DINGELL. ‘‘CHAPTER 6—LANGUAGE OF THE and Mr. DORNAN): H.J. Res. 176: Mr. HEFLEY. FEDERAL GOVERNMENT H. Res. 490. Resolution expressing the sense H. Con. Res. 151: Miss COLLINS of Michigan, ‘‘Sec. of the House of Representatives that Taiwan Ms. FURSE, Ms. KAPTUR, and Mr. MATSUI. ‘‘161. Declaration of official language of Fed- should be admitted to the World Trade Orga- H. Con. Res. 202: Mr. TRAFICANT. eral Government nization without making such admission H. Res. 423: Mr. ENGLISH of Pennsylvania. ‘‘162. Preserving and enhancing the role of conditional on the previous or simultaneous H. Res. 470: Mr. RAMSTAD and Ms. MOL- the official language admission of the People’s Republic of China INARI. ‘‘163. Official Federal Government activities to the WTO; to the Committee on Ways and f in English Means. ‘‘164. Standing By Mr. PAYNE of New Jersey (for him- DISCHARGE PETITIONS— ‘‘165. Reform of naturalization requirements self, Mr. PORTER, Mr. LANTOS, Mr. ADDITIONS OR DELETIONS ‘‘166. Application BEREUTER, Ms. PELOSI, Mr. HASTINGS ‘‘167. Rule of construction of Florida, Mr. ACKERMAN, Mr. WOLF, The following Members added their ‘‘168. Affirmation of constitutional protec- Mr. FATTAH, Mr. TORRICELLI, Mrs. names to the following discharge peti- tions CLAYTON, Mr. OLVER, Mr. EVANS, Ms. tions: ‘‘169. Definitions July 26, 1996 CONGRESSIONAL RECORD — HOUSE H8599 ‘‘§ 161. Declaration of official language of Fed- ‘‘§ 169. Definitions or subdivision seeking a declaratory judg- eral Government ‘‘For purposes of this chapter: ment under the second sentence of this sub- ‘‘The official language of the Federal Gov- ‘‘(1) FEDERAL GOVERNMENT.—The term section) in contravention of the guarantees ernment is English. ‘Federal Government’ means all branches of of subsection (f)(2)’’; ‘‘§ 162. Preserving and enhancing the role of the national Government and all employees (3) in paragraph (1)(B) of section 4(a), by the official language and officials of the national Government striking ‘‘or (in the case of a State or sub- division seeking a declaratory judgment ‘‘Representatives of the Federal Govern- while performing official business. under the second sentence of this subsection) ment shall have an affirmative obligation to ‘‘(2) OFFICIAL BUSINESS.—The term ‘official that denials or abridgements of the right to preserve and enhance the role of English as business’ means governmental actions, docu- vote in contravention of the guarantees of the official language of the Federal Govern- ments, or policies which are enforceable with subsection (f)(2) have occurred anywhere in ment. Such obligation shall include encour- the full weight and authority of the Federal the territory of such State or subdivision’’; aging greater opportunities for individuals Government, and includes publications, in- and to learn the English language. come tax forms, and informational mate- rials, but does not include— (4) in paragraph (5) of section 4(a), by strik- ‘‘§ 163. Official Federal Government activities ‘‘(A) teaching of languages; ing ‘‘or (in the case of a State or subdivision in English ‘‘(B) actions, documents, or policies nec- which sought a declaratory judgment under ‘‘(a) CONDUCT OF BUSINESS.—Representa- essary for— the second sentence of this subsection) that tives of the Federal Government shall con- ‘‘(i) national security issues; or denials or abridgements of the right to vote duct its official business in English. ‘‘(ii) international relations, trade, or com- in contravention of the guarantees of sub- ‘‘(b) DENIAL OF SERVICES.—No person shall merce; section (f)(2) have occurred anywhere in the be denied services, assistance, or facilities, ‘‘(C) actions or documents that protect the territory of such State or subdivision’’. directly or indirectly provided by the Fed- public health and safety; H.R. 2391 eral Government solely because the person ‘‘(D) actions or documents that facilitate OFFERED BY: MS. MCKINNEY communicates in English. the activities of the Bureau of the Census in ‘‘(c) ENTITLEMENT.—Every person in the compiling any census of population; AMENDMENT NO. 2: Page 2, insert after the United States is entitled— ‘‘(E) actions, documents, or policies that period in line 15 the following: ‘‘An employer ‘‘(1) to communicate with representatives are not enforceable in the United States; which provides compensatory time shall pro- of the Federal Government in English; ‘‘(F) actions that protect the rights of vic- vide that an employee may use the compen- ‘‘(2) to receive information from or con- tims of crimes or criminal defendants; satory time within 7 days of the date on tribute information to the Federal Govern- ‘‘(G) actions in which the United States which the employee earned overtime com- ment in English; and has initiated a civil lawsuit; or pensation.’’. ‘‘(3) to be informed of or be subject to offi- ‘‘(H) documents that utilize terms of art or H.R. 2391 cial orders in English. phrases from languages other than English. FFERED Y S C INNEY ‘‘§ 164. Standing ‘‘(3) UNITED STATES.—The term ‘United O B : M . M K ‘‘A person injured by a violation of this States’ means the several States and the AMENDMENT NO. 3: Page 4, line 22, strike chapter may in a civil action (including an District of Columbia.’’. ‘‘240’’ and insert ‘‘222’’. action under chapter 151 of title 28) obtain (b) CONFORMING AMENDMENT.—The table of Page 5, line 23, strike ‘‘480’’ and insert appropriate relief. chapters for title 4, United States Code, is ‘‘444’’. ‘‘§ 165. Reform of naturalization requirements amended by adding at the end the following Page 6, line 1, strike ‘‘240’’ and insert new item: ‘‘(a) FLUENCY.—It has been the longstand- ‘‘222’’. ing national belief that full citizenship in ‘‘6. Language of the Federal Govern- Page 6, line 3, strike ‘‘480 or 240’’ and insert the United States requires fluency in Eng- ment ...... 161’’. ‘‘444 or 222’’. lish. English is the language of opportunity SEC. 103. PREEMPTION. Page 8, insert after line 15 the following: This title (and the amendments made by for all immigrants to take their rightful SEC. 4. OVERTIME. place in society in the United States. this title) shall not preempt any law of any (a) AMENDMENT.—Section 7(a)(1) of the Fair ‘‘(b) CEREMONIES.—All authorized officials State. Labor Standards Act of 1938 (29 U.S.C. shall conduct all naturalization ceremonies SEC. 104. EFFECTIVE DATE. 207(a)(1)) is amended by striking ‘‘forty’’ and entirely in English. The amendments made by section 102 shall inserting ‘‘thirty-seven’’. ‘‘§ 166. Application take effect on the date that is 180 days after the date of enactment of this Act. (b) REVISIONS.—Not later than 180 days ‘‘Except as otherwise provided in this after the date of the enactment of this Act, TITLE II—REPEAL OF BILINGUAL VOTING chapter, the provisions of this chapter shall the Secretary of Labor shall report to the REQUIREMENTS supersede any existing Federal law that con- Committee on Economic and Educational travenes such provisions (such as by requir- SEC. 201. REPEAL OF BILINGUAL VOTING RE- Opportunities of the House of Representa- ing the use of a language other than English QUIREMENTS. tives the revisions required to be made in the (a) BILINGUAL ELECTION REQUIREMENTS.— for official business of the Federal Govern- employment hours specified in section 7 of Section 203 of the Voting Rights Act of 1965 ment). the Fair Labor Standards Act of 1938 to con- (42 U.S.C. 1973aa–1a) is repealed. ‘‘§ 167. Rule of construction form to the amendment made by subsection (b) VOTING RIGHTS.—Section 4 of the Vot- (a). ‘‘Nothing in this chapter shall be con- ing Rights Act of 1965 (42 U.S.C. 1973b) is strued— amended by striking subsection (f). H.R. 2391 ‘‘(1) to prohibit a Member of Congress or an SEC. 202. CONFORMING AMENDMENTS. employee or official of the Federal Govern- OFFERED BY: MS. MCKINNEY (a) REFERENCES TO SECTION 203.—The Vot- ment, while performing official business, AMENDMENT NO. 4: Page 8, insert after line ing Rights Act of 1965 (42 U.S.C. 1973 et seq.) from communicating orally with another 15 the following: is amended— person in a language other than English; (1) in section 204, by striking ‘‘or 203,’’; and SEC. 4. VOLUNTARY OVERTIME. ‘‘(2) to discriminate against or restrict the (2) in section 205, by striking ‘‘, 202, or 203’’ Section 7(a)(1) of the Fair Labor Standards rights of any individual in the country; and and inserting ‘‘or 202’’. Act of 1938 (29 U.S.C. 207(a)(1)) is amended by ‘‘(3) to discourage or prevent the use of (b) REFERENCES TO SECTION 4.— The Voting striking the period at the end and inserting languages other than English in any nonoffi- Rights Act of 1965 (42 U.S.C. 1973 et seq.) is the following: ‘‘and such employee has cial capacity. amended— agreed to be employed in excess of such ‘‘§ 168. Affirmation of constitutional protec- (1) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, hours. No other provision of this subsection tions and 13, by striking ‘‘, or in contravention of may be construed to authorize the employ- ‘‘Nothing in this chapter shall be con- the guarantees set forth in section 4(f)(2)’’; ment of employees for a workweek longer strued to be inconsistent with the Constitu- (2) in paragraphs (1)(A) and (3) of section than 40 hours unless such employees have tion of the United States. 4(a), by striking ‘‘or (in the case of a State agreed to such employment.’’. 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, FRIDAY, JULY 26, 1996 No. 112 Senate

The Senate met at 9:30 a.m., and was FOREIGN OPERATIONS, EXPORT Pentacostals would be refugees. That called to order by the President pro FINANCING, AND RELATED PRO- was appropriate when the Soviet Union tempore [Mr. THURMOND]. GRAMS APPROPRIATIONS ACT, was our enemy. 1997 In this bill, we give them $640 mil- PRAYER The PRESIDENT pro tempore. Under lion. They are a G–7 partner. They are The Chaplain, Dr. Lloyd John the previous order, the Senate will now our ally. Now we are still using 48,000 precious Ogilvie, offered the following prayer: resume the consideration of H.R. 3540, numbers out of an entire number of Blessed are the pure in heart, for they which the clerk will report. shall see God.—Matthew 5:8. The assistant legislative clerk read 78,000 to give to people who are pre- Holy God, just as the fluid in our as follows: sumed to be refugees—we give them the status. Some of them wait a year physical eyes keeps our eyes cleansed, A bill (H.R. 3540) making appropriations so may Your Holy spirit cleanse, di- for foreign operations, export financing, and before they even come. Then we find it late, and focus the vision of the spir- related programs for the fiscal year ending being misused by fraud and abuse with itual eyes of our hearts. As we begin September 30, 1997, and for other purposes. the Russian mafia coming through the this day, we open our hearts to be filled The Senate resumed consideration of system with regard to this presump- with Your Holy spirit. We desire to be the bill. tion of refugee status. We ought to go back to case by case, pure in heart so that we may see You Pending: more clearly and love You more dearly. Simpson amendment No. 5088, to strike the and no one will be left out. Mr. LAUTENBERG addressed the We know that mixed motives prevent provision which extends reduced refugee Chair. us from seeing You. We long for our standards for certain groups. Lieberman amendment No. 5078, to reallo- The PRESIDING OFFICER. The Sen- hearts to be free of the admixtures of cate funds for the Korean Peninsula Energy ator from New Jersey. pride, selfishness, manipulation, lust Development Organization. Mr. LAUTENBERG. Madam Presi- for power, jealousy, envy, negative AMENDMENT NO. 5088 dent, I hope that my colleagues will criticism, and resentment. We reaffirm The PRESIDING OFFICER (Mrs. vote against the amendment by Sen- our desire to be single minded for You, FRAHM). There will now be 2 minutes of ator SIMPSON. He wants to strike out God—to put You first in our life and debate, equally divided, on the amend- extension of current law, which frankly and make an unreserved commitment ment of the Senator from Wyoming. I think is essential. When we look at that enables us to rivet our attention Mr. SIMPSON addressed the Chair. the new Russia, the former Soviet upon You. The PRESIDING OFFICER. The Sen- Union, we see, though they apparently Today, we accept the gifts of Your ator from Wyoming. are democratized in many areas, the Holy spirit and live supernaturally. We Mr. SIMPSON. Madam President, fact of the matter is that an integral will gratefully be a channel for the what is the status of matters in order? part of the political platform in the flow of the fruit of Your spirit—love, Is the first amendment the Simpson last election was to rail against Jews joy, peace, patience, kindness, good- amendment? and other religions not satisfactory to ness, faithfulness, gentleness, and self- The PRESIDING OFFICER. The Sen- them. control. We pray that we will see more ator is correct. Zhirinovsky, the head of the Nation- clearly Your presence in the world, in Mr. SIMPSON. Is that 2 minutes or 1 alist Party, said that the way the coun- circumstances, in people, and in the minute? try has to resolve its problems is to get new person You are creating in us. We The PRESIDING OFFICER. Two rid of its Jews. want to start this day with pure hearts minutes equally divided. Lebed, the now National Security so that we may behold more of the Mr. SIMPSON. Madam President, the Adviser to President Yeltsin, made de- wonder of Your grace and goodness. purpose of this amendment is to go rogatory remarks about Jews and Through Jesus Christ, our Lord. Amen. back to the 1980 Refugee Act. The 1980 about Mormons, calling them a ‘‘scum’’ Refugee Act provided for case-by-case religion. f determination of all refugees. So, if that tells you where we are In 1989, we had the Lautenberg going, I hope that my colleagues will RESERVATION OF LEADER TIME amendment, which was very appro- vote against this amendment. The PRESIDENT pro tempore. Under priate at that time. It simply said we The PRESIDING OFFICER. The the previous order, leadership time is would presume that people who were question is on agreeing to the amend- reserved. Jewish or Angelical Christians or ment of the Senator from Wyoming. On

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

S8943 S8944 CONGRESSIONAL RECORD — SENATE July 26, 1996 this question, the yeas and nays have I hope the Presiding Officer takes If we are going to do this right, we been ordered, and the clerk will call whatever measures are necessary to have to give them the tools to do it. We the roll. get quiet in this body. It is unbeliev- can’t cut it in half and expect it to be The assistant legislative clerk called able we would not pay attention to the done right. That is what we are up the roll. Presiding Officer. against here. The result was announced—yeas 22, The PRESIDING OFFICER. The It is a significant foreign policy ques- nays 78, as follows: Chair appreciates the cooperation of tion. I am very pleased Senator [Rollcall Vote No. 246 Leg.] the Senator from West Virginia. MCCAIN, Senator LIEBERMAN and others YEAS—22 The Chair is asking that audible con- feel there is a job to be done over there versations be removed to the Cloak- Bond Grams Murkowski and we can’t take it lightly and we Brown Gregg Roth room so the Senate can proceed with can’t just cut funding in half. Campbell Hatch Shelby its business. I might add, there is a full account- Chafee Helms Simpson The Chair recognizes the Senator ing of MIA’s in this thing. There are Cochran Jeffords Thomas from Kentucky. Domenici Kassebaum Thurmond more MIA’s in North Korea, about Faircloth Lugar Mr. MCCONNELL. Mr. President, the 8,400, in fact. Gorton McCain Lieberman amendment, upon which we The PRESIDING OFFICER. The time NAYS—78 are about to vote, doubles aid to North of the Senator has expired. The Chair Korea from last year’s level from $13 recognizes the Senator from Michigan. Abraham Feinstein Lott Akaka Ford Mack million to $25 million. I expect a lot of Mr. LEVIN. Mr. President, I ask Ashcroft Frahm McConnell Senators did not even know we were unanimous consent for an additional 10 Baucus Frist Mikulski providing aid to North Korea. To pro- seconds. Bennett Glenn Moseley-Braun vide this aid, President Clinton will The PRESIDING OFFICER. Without Biden Graham Moynihan Bingaman Gramm Murray have to say the fact that North Korea objection, it is so ordered. Boxer Grassley Nickles is a terrorist state doesn’t matter. Mr. LEVIN. Mr. President, we are Bradley Harkin Nunn In addition, we know under the cur- trying very hard to put the nuclear Breaux Hatfield Pell rent agreement that the North has di- genie back into the bottle in North Bryan Heflin Pressler Bumpers Hollings Pryor verted oil, and nothing in this amend- Korea. General Shalikashvili and the Burns Hutchison Reid ment will prevent that from continuing uniformed military strongly support Byrd Inhofe Robb to happen. the framework agreement that will Coats Inouye Rockefeller Finally, let me say, Mr. President, Cohen Johnston Santorum allow us to do that. If we cut the funds Conrad Kempthorne Sarbanes the House is strongly opposed to an in- to implement that agreement, instead Coverdell Kennedy Simon crease from $13 to $25 million, which is of putting the nuclear genie back in Craig Kerrey Smith encompassed in this amendment, and the bottle, we will be breaking that D’Amato Kerry Snowe Daschle Kohl Specter this is going to be an extraordinarily bottle. DeWine Kyl Stevens difficult position to sustain in con- I hope the Lieberman amendment is Dodd Lautenberg Thompson ference, even if this amendment is ap- adopted with an overwhelming vote. Dorgan Leahy Warner proved. The PRESIDING OFFICER. All time Exon Levin Wellstone Feingold Lieberman Wyden I hope that my colleagues will not has expired. The question is on agree- approve this amendment. ing to amendment No. 5078, as amend- The amendment (No. 5088) was re- The PRESIDING OFFICER. The ed. The yeas and nays have been or- jected. Chair recognizes the Senator from Con- dered. The clerk will call the roll. Mr. SIMPSON. Mr. President, I move necticut. The legislative clerk called the roll. to reconsider the vote. Mr. LIEBERMAN. Mr. President, this The result was announced—yeas 73, Mr. LAUTENBERG. I move to lay amendment, now amended in the sec- nays 27, as follows: that motion on the table. ond degree by Senators MURKOWSKI and [Rollcall Vote No. 247 Leg.] The motion to lay on the table was MCCAIN, would enable the President to YEAS—73 agreed to. fulfill the promise made as part of the Abraham Frist Murkowski AMENDMENT NO. 5078, AS AMENDED agreed framework signed in October Akaka Glenn Murray The PRESIDING OFFICER (Mr. 1994 to avoid the escalating probability Baucus Graham Nunn COVERDELL). The question occurs on Biden Grams Pell of the North Koreans attaining nuclear Bingaman Harkin Pressler amendment No. 5078, as amended. capability and perhaps entering into a Bond Hatfield Pryor There are 2 minutes evenly divided on conflict with South Korea. Boxer Heflin Reid the amendment. A conflict, a major regional conflict Bradley Hollings Robb The Senate will come to order. Breaux Inouye Rockefeller on the Korean Peninsula, as Secretary Bryan Jeffords Roth Please remove all conversations to the Perry would say, would put countless Bumpers Johnston Santorum Cloakroom. lives in jeopardy and would cost bil- Byrd Kassebaum Sarbanes Will the Senators please remove au- Campbell Kennedy Simon lions of dollars. Chafee Kerrey Simpson dible conversations to the Cloakroom? For $25 million, we have the oppor- Coats Kerry Snowe The Chair requests that audible con- tunity to continue an agreement Cochran Kohl Specter versations be removed to the Cloak- which, thus far, the North Koreans, at Cohen Lautenberg Stevens room. Conrad Leahy Thomas least as to the nuclear component, Coverdell Levin Thompson The Senate will come to order. have kept. Daschle Lieberman Thurmond Please remove audible conversations to I yield 15 seconds to Senator MUR- Dodd Lugar Warner the Cloakroom. KOWSKI, and then the remainder of the Exon McCain Wellstone The Chair requests that audible con- Feingold Mikulski Wyden time to Senator LEVIN. Feinstein Moseley-Braun versations be removed to the Cloak- The PRESIDING OFFICER. The Sen- Ford Moynihan room so the Senate may come to order. ator from Alaska is recognized. NAYS—27 Mr. ROCKEFELLER addressed the Mr. MURKOWSKI. Mr. President, I thank the Senator. I assure my col- Ashcroft Faircloth Inhofe Chair. Bennett Frahm Kempthorne The PRESIDING OFFICER. The leagues, if we don’t have adequate Brown Gorton Kyl Chair recognizes the Senator from funding, there is no point in pursuing Burns Gramm Lott West Virginia. this. That is the problem with the pro- Craig Grassley Mack D’Amato Gregg McConnell Mr. ROCKEFELLER. Mr. President, posal that has been offered by the Sen- DeWine Hatch Nickles it is amazing to me that the Presiding ator from Kentucky. This requires full Domenici Helms Shelby Officer of the U.S. Senate requests si- compliance with all provisions of the Dorgan Hutchison Smith lence of the Senate and is ignored by so agreed framework, no significant diver- So the amendment (No. 5078) as many people who blatantly continue to sion of U.S. assistance of food or oil, amended, was agreed to. talk while the Presiding Officer has and full cooperation on storage of Mr. LEAHY. I move to reconsider the now for 3 minutes requested silence. spent fuel. vote. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8945 Mr. LIEBERMAN. I move to lay that to human rights. Is their room for con- During my recent visit to Indonesia motion on the table. tinued improvement? Of course there our Ambassador, Stapleton Roy, was The motion to lay on the table was is, but excluding Indonesia from the clear in expressing his desire for full agreed to. benefits of full IMET participation is access to IMET for Indonesia. I learned INTERNATIONAL MILITARY EDUCATION AND not the best way to help Indonesians from my visit that when human rights TRAINING [IMET]—INDONESIA make progress on human rights. I also problems occur, invariably it is not Mr. COCHRAN. Mr. President, I con- wonder, though, why it is that of all American-trained officers involved, but gratulate the chairman of the Foreign the countries participating in IMET, the officers not trained in the United Operations Subcommittee, Senator only Indonesia is singled out for re- States. MCCONNELL, and the ranking Demo- strictions. Think about the other 108 If we are serious about helping our crat, Senator LEAHY, for the fine job fiscal year 1995 unrestricted IMET par- friends in Indonesia preaching to them they’ve done putting together the fis- ticipants, Burundi, Ethiopia, Cam- about human rights is not the most cal year 1997 foreign operations appro- bodia, Russia, and Algeria. Are we say- productive use of our resources or their priations bill. This legislation is very ing they don’t have any human rights time. By including Indonesia in the important in helping the United States problems? normal IMET program, they learn to influence events and protect Amer- IMET is of vital importance in help- about human rights by word and deed; ican interests around the world, and I ing military officers from other coun- we create lasting friendship that aren’t know that the bill takes a great deal of tries to learn from the example of the based upon lecturing, and build support hard work on the part of Senators United States, to help sensitize these for and orientation toward United officers to the proper role of the mili- MCCONNELL and LEAHY, and their States policies; and, in so doing, we ad- tary and the rule of law in a civil soci- staffs, to move it to the floor. vance United States bilateral and re- ety. Bringing military officers from In- One of the important functions fund- gional interests. donesia for human rights training, ed by this legislation is the Inter- Let’s be consistent. Either all na- under the expanded IMET, can be help- national Military Education and Train- tions with human rights problems ful. But it would be more helpful to ing, or IMET, Program. Title III of this should be excluded from full IMET par- bring Indonesian officers to the United ticipation, or none should. Singling out bill provides $40 million for IMET for States for full IMET training, thereby Indonesia for this treatment is not fiscal year 1997. According to the De- exposing these officers to daily ex- fense Department, IMET has three changes with their American counter- only wrong; it creates suspicion and principal objectives: parts. If we want to help correct misunderstanding of our reliability as First, to encourage mutually bene- human rights abuse, it makes more a leader. ficial relations and increased under- sense to take officers, both junior and I understand that this has been a standing between the United States field grade officers, and involve them contentious conference issue for this and foreign countries in furtherance of in our military training, side by side, bill in the past and will not offer an the goals of international peace and se- with our own officers. amendment this year to strike the re- curity. As an example, every year we send strictive bill language on Indonesian Second, to improve the ability of par- hundreds of our own lieutenants IMET participation. I hope, though, ticipating foreign countries to utilize through the infantry officers basic that during the year the issue of how their resources, including defense arti- course at Fort Benning, GA. Included nations are permitted to participate in cles and services obtained from the in these classes, as full members, are IMET will receive close scrutiny, and United States, with maximum effec- officers sent from other countries as that consideration be given to support- tiveness, thereby contributing to part of the IMET Program. These for- ing a bill that eliminates this unfair greater self-reliance by such countries; eign officers get human rights training and ill-conceived restriction. and, along with the American officers in the Mrs. BOXER. Mr. President, I wish to Third, to increase the awareness of infantry officers basic course, and express my support for the fiscal year nationals of foreign countries partici- they’re also taught respect for the rule 1997 Foreign Operations Appropriations pating in such activities of basic issues of law and the proper relations between Act. involving internationally recognized military and civil authorities in a free I am very pleased that this bill con- human rights. society. The most important part of tinues to fund United States commit- In fiscal year 1995, 109 countries par- this experience for foreign military of- ments to our Camp David Accord part- ticipated in IMET. ficers is not what they’re taught in a ners, Israel and Egypt. Foreign assist- The pending legislation includes a classroom, though that is valuable. ance to our Middle East allies is a crit- few restrictions on use of IMET funds: More important is the involvement in ical tool needed to keep the peace proc- None of the funds appropriated are our military culture, being treated as ess moving ahead. Even as our overall available for either Zaire or Guate- equals of the American lieutenants in foreign assistance budget declines, I mala, and Indonesia is eligible for what the course and learning by the example believe it is imperative to maintain is described as an expanded IMET Pro- their American friends. They learn the our aid programs to our Camp David gram. With regard to Indonesia specifi- role of the military in a free society, partners at current levels. cally, on page 129 the bill says, and also the responsibilities of each I strongly supported the Dorgan-Hat- *–*–* funds appropriated under this heading and every officer to that society. field code of conduct amendment and for grant financed military education and Indonesia is important to the United was very disappointed that the Senate training for Indonesia may only be available States. We shouldn’t ignore the fact voted to table it. The United States is for expanded military education and train- that it is the world’s fourth most popu- now the world’s leading arms exporter. ing. lous country, and we can’t ignore the Too often, arms exported by the United I’m not quite sure why the phrase fact that our Navy must transit its sea States have been used for internal re- ‘‘expanded’’ is used, though, because lanes in seeking to move rapidly be- pression by dictators. On many occa- the expanded IMET Program is in fact tween the Pacific and the Indian sions, arms exports have been resold to highly restrictive, allowing IMET Oceans. But this is more than simply a hostile third parties and used directly funds for Indonesia only to be used for question of what is strictly in the na- against U.S. interests. The Dorgan- human rights-related training. tional interest of the United States, Hatfield proposal would have imposed I am opposed to this provision of the though that alone should be sufficient. reasonable restrictions on exports. I bill. I know that those who support re- Indonesia is also becoming an impor- will continue to work with the amend- strictions on IMET for Indonesia do so tant force for peace and stability in ment’s sponsors to move the code of out of concern for the human rights Asia, something that is also very im- conduct forward. situation in Indonesia. And there is portant to the United States. The I also supported the McConnell- reason for concern, though we should growing friendship between the United Leahy sanctions on Burma that were take note of the fact that the Indo- States and Indonesia is not something included in the committee reported nesians have undertaken to improve that should be taken lightly or for version of the bill. Unfortunately, their policies and actions with regard granted. these sanctions were eliminated by the S8946 CONGRESSIONAL RECORD — SENATE July 26, 1996 Cohen amendment. It is universally The PRESIDING OFFICER. Is there a SUBSIDY APPROPRIATION agreed that the current regime in sufficient is second? For the cost of direct loans, loan guarantees, Burma is illegitimate, undemocratic, There is a sufficient second. insurance, and tied-aid grants as authorized by and abusive of even the most basic The yeas and nays were ordered. section 10 of the Export-Import Bank Act of human rights standards. It is a virtual The PRESIDING OFFICER. The bill 1945, as amended, $730,000,000 to remain avail- certainty that every dollar finding its having been read the third time, and able until September 30, 1998: Provided, That all time having been yielded back, the such costs, including the cost of modifying such way to the ruling party in Burma will loans, shall be as defined in section 502 of the be used to oppress the legitimately question is, Shall the bill pass? Congressional Budget Act of 1974: Provided fur- elected government. The United States The yeas and nays have been ordered, ther, That such sums shall remain available must not participate in this kind of un- and the clerk will call the roll. until 2012 for the disbursement of direct loans, conscionable oppression in any way. The bill clerk called the roll. loan guarantees, insurance and tied-aid grants I also wish to explain my vote The result was announced—yeas 93, obligated in fiscal years 1997 and 1998: Provided against the Helms amendment on U.N. nays 7, as follows: further, That up to $50,000,000 of funds appro- taxation. Of course, I do not believe [Rollcall Vote No. 248 Leg.] priated by this paragraph shall remain available that the United Nations has the au- YEAS—93 until expended and may be used for tied-aid thority to tax U.S. citizens, nor should grant purposes: Provided further, That none of Abraham Ford Mack the funds appropriated by this paragraph may Akaka Frahm McCain it. I opposed the amendment because I be used for tied-aid credits or grants except view it as totally unnecessary and as a Ashcroft Frist McConnell Baucus Glenn Mikulski through the regular notification procedures of gratuitous attack on valuable U.N. pro- Bennett Gorton Moseley-Braun the Committees on Appropriations: Provided grams, such as development assistance Biden Graham Moynihan further, That funds appropriated by this para- and UNICEF. Bingaman Gramm Murkowski graph are made available notwithstanding sec- I would like to call attention to com- Bond Grams Murray tion 2(b)(2) of the Export-Import Bank Act of Boxer Grassley Nickles 1945, in connection with the purchase or lease of mittee report language urging the U.S. Bradley Gregg Nunn Agency for International Development Breaux Harkin Pell any product by any East European country, to fund microenterprise programs at Brown Hatch Pressler any Baltic State, or any agency or national Bryan Hatfield Pryor thereof. their current levels. I supported ear- Bumpers Heflin Reid marking funds for this purpose, but un- ADMINISTRATIVE EXPENSES Burns Hutchison Robb For administrative expenses to carry out the Campbell Inhofe Rockefeller derstand the managers reluctance to direct and guaranteed loan and insurance pro- earmark. Microenterprise has been a Chafee Inouye Roth Coats Jeffords Santorum grams (to be computed on an accrual basis), in- remarkable success in the developing Cochran Johnston Sarbanes cluding hire of passenger motor vehicles and world. The small local banks created Cohen Kassebaum Shelby services as authorized by 5 U.S.C. 3109, and not through microenterprise programs Conrad Kennedy Simon to exceed $20,000 for official reception and rep- truly have the ability to wipe out pov- Coverdell Kerrey Simpson resentation expenses for members of the Board D’Amato Kerry Snowe of Directors, $40,000,000: Provided, That nec- erty in their regions. I want to add my Daschle Kohl Specter voice to that of the committee and DeWine Kyl Stevens essary expenses (including special services per- urge AID, in the strongest possible Dodd Lautenberg Thomas formed on a contract or fee basis, but not in- cluding other personal services) in connection terms, to allocate the maximum pos- Domenici Leahy Thompson Dorgan Levin Thurmond with the collection of moneys owed the Export- sible level of funding to microenter- Exon Lieberman Warner Import Bank, repossession or sale of pledged col- prise programs. Feingold Lott Wellstone lateral or other assets acquired by the Export- Finally, I wish to note my opposition Feinstein Lugar Wyden Import Bank in satisfaction of moneys owed the to the Coverdell amendment, which NAYS—7 Export-Import Bank, or the investigation or ap- would increase funding for counterdrug Byrd Helms Smith praisal of any property, or the evaluation of the programs at the expense of develop- Craig Hollings legal or technical aspects of any transaction for ment assistance and U.N.-sponsored Faircloth Kempthorne which an application for a loan, guarantee or international organizations, such as The bill (H.R. 3540), as amended, was insurance commitment has been made, shall be considered nonadministrative expenses for the UNICEF and UNFPA. I support the agreed to, as follows: purposes of this heading: Provided further, Resolved, That the bill from the House of counterdrug program, but would note That, none of the funds made available by this Representatives (H.R. 3540) entitled ‘‘An Act that its budget had been increased dra- or any other Act may be made available to pay making appropriations for foreign oper- matically in the committee reported the salary and any other expenses of the incum- ations, export financing, and related pro- bent Chairman and President of the Export-Im- bill. Development assistance, on the grams for the fiscal year ending September port Bank unless and until he has been con- other hand, has been slashed. The 30, 1997, and for other purposes’’, do pass with firmed by the United States Senate: Provided Coverdell amendment would exacer- the following amendment: bate the existing shortfall in develop- Strike out all after the enacting clause and further, That, notwithstanding subsection (b) of section 117 of the Export Enhancement Act of ment assistance, and thus reduce our insert: That the following sums are appropriated, out 1992, subsection (a) thereof shall remain in ef- influence and leadership position in the fect until October 1, 1997. world. of any money in the Treasury not otherwise ap- propriated, for the fiscal year ending September OVERSEAS PRIVATE INVESTMENT CORPORATION Mr. MCCONNELL. I yield back my 2 30, 1997, and for other purposes, namely: NONCREDIT ACCOUNT minutes. Mr. LEAHY. I yield back my 2 min- TITLE I—EXPORT AND INVESTMENT The Overseas Private Investment Corporation ASSISTANCE is authorized to make, without regard to fiscal utes. EXPORT-IMPORT BANK OF THE UNITED STATES year limitations, as provided by 31 U.S.C. 9104, The PRESIDING OFFICER. Without such expenditures and commitments within the objection, the committee substitute, as The Export-Import Bank of the United States is authorized to make such expenditures within limits of funds available to it and in accordance amended, is agreed to. the limits of funds and borrowing authority with law as may be necessary: Provided, That The committee amendment, as available to such corporation, and in accord- the amount available for administrative ex- amended, was agreed to. ance with law, and to make such contracts and penses to carry out the credit and insurance The PRESIDING OFFICER. The commitments without regard to fiscal year limi- programs (including an amount for official re- question is on the engrossment of the tations, as provided by section 104 of the Gov- ception and representation expenses which shall amendment and third reading of the ernment Corporation Control Act, as may be not exceed $35,000) shall not exceed $32,000,000: bill. necessary in carrying out the program for the Provided further, That project-specific trans- The amendment was ordered to be current fiscal year for such corporation: Pro- action costs, including direct and indirect costs engrossed, and the bill to be read a vided, That none of the funds available during incurred in claims settlements, and other direct costs associated with services provided to spe- third time. the current fiscal year may be used to make ex- penditures, contracts, or commitments for the cific investors or potential investors pursuant to The bill was read a third time. section 234 of the Foreign Assistance Act of 1961, The PRESIDING OFFICER. The export of nuclear equipment, fuel, or technology to any country other than a nuclear-weapon shall not be considered administrative expenses Chair advises the Senator from Ken- State as defined in Article IX of the Treaty on for the purposes of this heading. tucky that the yeas and nays have not the Non-Proliferation of Nuclear Weapons eligi- PROGRAM ACCOUNT been ordered. ble to receive economic or military assistance For the cost of direct and guaranteed loans, Mr. MCCONNELL. Mr. President, I under this Act that has detonated a nuclear ex- $72,000,000, as authorized by section 234 of the ask for the yeas and nays. plosive after the date of enactment of this Act. Foreign Assistance Act of 1961, to be derived by July 26, 1996 CONGRESSIONAL RECORD — SENATE S8947 transfer from the Overseas Private Investment ance for sub-Saharan Africa is to the total CYPRUS Corporation Noncredit Account: Provided, That amount requested for development assistance for Of the funds appropriated under the headings such costs, including the cost of modifying such such fiscal year: Provided further, That funds ‘‘Development Assistance’’ and ‘‘Economic Sup- loans, shall be as defined in section 502 of the appropriated under this heading shall be made port Fund’’, not less than $15,000,000 shall be Congressional Budget Act of 1974: Provided fur- available, notwithstanding any other provision made available for Cyprus to be used only for ther, That such sums shall be available for di- of law, to assist Vietnam to refom its trade re- scholarships, administrative support of the rect loan obligations and loan guaranty commit- gime through, among other things, reform of its scholarship program, bicommunal projects, and ments incurred or made during fiscal years 1997 commercial and investment legal codes: Provided measures aimed at reunification of the island and 1998: Provided further, That such sums further, That up to $5,000,000 of the funds ap- and designed to reduce tensions and promote shall remain available through fiscal year 2005 propriated under this heading may be made peace and cooperation between the two commu- for the disbursement of direct and guaranteed available for necessary expenses to carry out the nities on Cyprus. loans obligated in fiscal year 1997, and through provisions of section 667 of the Foreign Assist- fiscal year 2006 for the disbursement of direct ance Act of 1961: Provided further, That none of BURMA and guaranteed loans obligated in fiscal year the funds made available in this Act nor any Of the funds appropriated by this Act to carry 1998. In addition, such sums as may be nec- unobligated balances from prior appropriations out the provisions of chapter 8 of part I and essary for administrative expenses to carry out may be made available to any organization or chapter 4 of part II of the Foreign Assistance the credit program may be derived from amounts program which, as determined by the President Act of 1961, not less than $2,500,000 shall be available for administrative expenses to carry of the United States, supports or participates in made available to support activities in Burma, out the credit and insurance programs in the the management of a program of coercive abor- along the Burma-Thailand border, and for ac- Overseas Private Investment Corporation Non- tion or involuntary sterilization: Provided fur- tivities of Burmese student groups and other or- credit Account and merged with said account. ther, That none of the funds made available ganizations located outside Burma, for the pur- FUNDS APPROPRIATED TO THE PRESIDENT under this heading or under the heading ‘‘Pop- poses of fostering democracy in Burma, support- ulation, Development Assistance’’, may be used ing the provision of medical supplies and other TRADE AND DEVELOPMENT AGENCY to pay for the performance of abortion as a humanitarian assistance to Burmese located in For necessary expenses to carry out the provi- method of family planning or to motivate or co- Burma or displaced Burmese along the borders, sions of section 661 of the Foreign Assistance erce any person to practice abortions; and that and for other purposes: Provided, That of this Act of 1961, $40,000,000: Provided, That the in order to reduce reliance on abortion in devel- amount, not less than $200,000 shall be made Trade and Development Agency may receive re- oping nations, funds shall be available only to available to support newspapers, publications, imbursements from corporations and other enti- voluntary family planning projects which offer, and other media activities promoting democracy ties for the costs of grants for feasibility studies either directly or through referral to, or infor- inside Burma: Provided further, That funds and other project planning services, to be depos- mation about access to, a broad range of family made available under this heading may be made ited as an offsetting collection to this account planning methods and services: Provided fur- available notwithstanding any other provision and to be available for obligation until Septem- ther, That in awarding grants for natural fam- of law: Provided further, That provision of such ber 30, 1997, for necessary expenses under this ily planning under section 104 of the Foreign funds shall be made available subject to the reg- paragraph: Provided further, That such reim- Assistance Act of 1961 no applicant shall be dis- ular notification procedures of the Committees bursements shall not cover, or be allocated criminated against because of such applicant’s on Appropriations. against, direct or indirect administrative costs of religious or conscientious commitment to offer PRIVATE AND VOLUNTARY ORGANIZATIONS the agency. only natural family planning; and, addition- TITLE II—BILATERAL ECONOMIC ally, all such applicants shall comply with the None of the funds appropriated or otherwise ASSISTANCE requirements of the previous proviso: Provided made available by this Act for development as- further, That for purposes of this or any other sistance may be made available to any United FUNDS APPROPRIATED TO THE PRESIDENT States private and voluntary organization, ex- For expenses necessary to enable the Presi- Act authorizing or appropriating funds for for- eign operations, export financing, and related cept any cooperative development organization, dent to carry out the provisions of the Foreign which obtains less than 20 per centum of its Assistance Act of 1961, and for other purposes, programs, the term ‘‘motivate’’, as it relates to family planning assistance, shall not be con- total annual funding for international activities to remain available until September 30, 1997, un- from sources other than the United States Gov- less otherwise specified herein, as follows: strued to prohibit the provision, consistent with local law, of information or counseling about all ernment: Provided, That the requirements of the AGENCY FOR INTERNATIONAL DEVELOPMENT pregnancy options: Provided further, That provisions of section 123(g) of the Foreign As- DEVELOPMENT ASSISTANCE nothing in this paragraph shall be construed to sistance Act of 1961 and the provisions on pri- (INCLUDING TRANSFER OF FUNDS) alter any existing statutory prohibitions against vate and voluntary organizations in title II of the ‘‘Foreign Assistance and Related Programs For necessary expenses to carry out the provi- abortion under section 104 of the Foreign Assist- Appropriations Act, 1985’’ (as enacted in Public sions of sections 103 through 106 and chapter 10 ance Act of 1961: Provided further, That, not- Law 98–473) shall be superseded by the provi- of part I of the Foreign Assistance Act of 1961, withstanding section 109 of the Foreign Assist- sions of this section, except that the authority title V of the International Security and Devel- ance Act of 1961, of the funds appropriated contained in the last sentence of section 123(g) opment Cooperation Act of 1980 (Public Law 96– under this heading in this Act, and of the unob- may be exercised by the Administrator with re- 533) and the provisions of section 401 of the For- ligated balances of funds previously appro- gard to the requirements of this paragraph. eign Assistance Act of 1969, $1,262,000,000, to re- priated under this heading, $17,500,000 shall be main available until September 30, 1998: Pro- transferred to ‘‘International Organizations and Funds appropriated or otherwise made avail- vided, That of the amount appropriated under Programs’’ for a contribution to the Inter- able under title II of this Act should be made this heading, up to $18,000,000 may be made national Fund for Agricultural Development available to private and voluntary organiza- available for the Inter-American Foundation (IFAD), and that any such transfer of funds tions at a level which is equivalent to the level and shall be apportioned directly to that agen- shall be subject to the regular notification pro- provided in fiscal year 1995. Such private and cy: Provided further, That of the amount appro- cedures of the Committees on Appropriations: voluntary organizations shall include those priated under this heading, up to $10,500,000 Provided further, That of the funds appro- which operate on a not-for-profit basis, receive may be made available for the African Develop- priated under this heading that are made avail- contributions from private sources, receive vol- ment Foundation and shall be apportioned di- able for assistance programs for displaced and untary support from the public and are deemed rectly to that agency: Provided further, That of orphaned children and victims of war, not to ex- to be among the most cost-effective and success- the funds appropriated under title II of this Act ceed $25,000, in addition to funds otherwise ful providers of development assistance. that are administered by the Agency for Inter- available for such purposes, may be used to INTERNATIONAL DISASTER ASSISTANCE monitor and provide oversight of such programs: national Development and made available for For necessary expenses for international dis- Provided further, That not less than $650,000 of family planning assistance, not less than 65 per- aster relief, rehabilitation, and reconstruction the funds made available under this heading cent shall be made available directly to the assistance pursuant to section 491 of the Foreign shall be available only for support of the United agency’s central Office of Population and shall Assistance Act of 1961, as amended, $190,000,000, States Telecommunications Training Institute: be programmed by that office for family plan- to remain available until expended. ning activities: Provided further, That of the Provided further, That of the amount appro- funds appropriated under this heading and priated under this heading, not less than DEBT RESTRUCTURING under the heading ‘‘Population, Development $15,000,000 shall be available only for the Amer- For the cost, as defined in section 502 of the Assistance’’ that are made available by the ican Schools and Hospitals Abroad program Congressional Budget Act of 1974, of modifying Agency for International Development for devel- under section 214 of the Foreign Assistance Act direct loans and loan guarantees, as the Presi- opment assistance activities, the amount made of 1961. dent may determine, for which funds have been available to carry out chapter 10 of part I of the appropriated or otherwise made available for POPULATION, DEVELOPMENT ASSISTANCE Foreign Assistance Act of 1961 (relating to the programs within the International Affairs Development Fund for Africa) shall be in at For necessary expenses to carry out the provi- Budget Function 150, including the cost of sell- least the same proportion as the amount identi- sions of section 104(b) of the Foreign Assistance ing, reducing, or canceling amounts, through fied in the fiscal year 1997 draft congressional Act of 1961, $410,000,000, to remain available debt buybacks and swaps, owed to the United presentation document for development assist- until September 30, 1998. States as a result of concessional loans made to S8948 CONGRESSIONAL RECORD — SENATE July 26, 1996 eligible Latin American and Caribbean coun- OTHER BILATERAL ECONOMIC ASSISTANCE proval for grants and loans prior to the obliga- tries, pursuant to part IV of the Foreign Assist- ECONOMIC SUPPORT FUND tion and expenditure of funds for such pur- ance Act of 1961; of modifying direct loans ex- For necessary expenses to carry out the provi- poses, and prior to the use of funds that have tended to least developed countries, as author- sions of chapter 4 of part II, $2,340,000,000, to re- been returned or repaid to any lending facility ized under title I of the Agricultural Trade De- main available until September 30, 1998: Pro- or grantee; and velopment and Assistance Act of 1954, as amend- vided, That of the funds appropriated under (2) the provisions of section 534 of this Act ed; and of modifying concessional loans author- this heading, not less than $1,200,000,000 shall shall apply. (e) With regard to funds appropriated under ized under title I of the Agricultural Trade De- be available only for Israel, which sum shall be this heading that are made available for eco- velopment and Assistance Act of 1954, as amend- available on a grant basis as a cash transfer nomic revitalization programs in Bosnia and ed, as authorized under subsection (a) under the and shall be disbursed within thirty days of en- Hercegovina, 50 percent of such funds shall not heading ‘‘Debt Reduction for Jordan’’ in title VI actment of this Act or by October 31, 1996, be available for obligation unless the President of Public Law 103–306, $27,000,000, to remain whichever is later: Provided further, That not determines and certifies to the Committees on available until expended: Provided, That none less than $815,000,000 shall be available only for Appropriations that the Federation of Bosnia of the funds appropriated under this heading Egypt, which sum shall be provided on a grant and Hercegovina has complied with article III of shall be obligated except through the regular basis, and of which sum cash transfer assistance annex 1–A of the General Framework Agreement notification procedures of the Committee on Ap- may be provided, with the understanding that for Peace in Bosnia and Hercegovina concern- propriations. Egypt will undertake significant economic re- ing the withdrawal of foreign forces, and that MICRO AND SMALL ENTERPRISE DEVELOPMENT forms which are additional to those which were intelligence cooperation on training, investiga- PROGRAM ACCOUNT undertaken in previous fiscal years, and of tions, and related activities between Iranian of- which not less than $200,000,000 shall be pro- For the subsidy cost of direct loans and loan ficials and Bosnian officials has been termi- vided as Commodity Import Program assistance: guarantees, $1,500,000, as authorized by section nated. 108 of the Foreign Assistance Act of 1961, as Provided further, That in exercising the author- ity to provide cash transfer assistance for Israel ASSISTANCE FOR THE NEW INDEPENDENT STATES amended: Provided, That such costs shall be as OF THE FORMER SOVIET UNION defined in section 502 of the Congressional and Egypt, the President shall ensure that the level of such assistance does not cause an ad- (a) For necessary expenses to carry out the Budget Act of 1974: Provided further, That provisions of chapter 11 of part I of the Foreign guarantees of loans made under this heading in verse impact on the total level of non-military exports from the United States to each such Assistance Act of 1961 and the FREEDOM Sup- support of microenterprise activities may guar- port Act, for assistance for the new independent antee up to 70 percent of the principal amount country: Provided further, That it is the sense of the Congress that the recommended levels of states of the former Soviet Union and for related of any such loans notwithstanding section 108 programs, $640,000,000, to remain available until of the Foreign Assistance Act of 1961. In addi- assistance for Egypt and Israel are based in great measure upon their continued participa- September 30, 1998: Provided, That the provi- tion, for administrative expenses to carry out sions of such chapter shall apply to funds ap- programs under this heading, $500,000, all of tion in the Camp David Accords and upon the Egyptian-Israeli peace treaty: Provided further, propriated by this paragraph: Provided further, which may be transferred to and merged with That of the funds appropriated under this head- the appropriation for Operating Expenses of the That of the funds appropriated under this head- ing, $3,000,000 shall be made available to estab- ing $25,000,000 shall be available for the legal re- Agency for International Development: Provided structuring necessary to support a decentralized further, That funds made available under this lish an independent radio broadcasting service to Iran: Provided further, That none of the market-oriented economic system, including en- heading shall remain available until September actment of necessary substantive commercial 30, 1998. funds appropriated under this heading shall be made available for Zaire: Provided further, That law, implementation of reforms necessary to es- HOUSING GUARANTY PROGRAM ACCOUNT of the funds appropriated under this heading by tablish an independent judiciary and bar, legal For the cost, as defined in section 502 of the prior appropriations Acts, $36,000,000 of unobli- education for judges, attorneys, and law stu- Congressional Budget Act of 1974, of guaranteed gated and unearmarked funds shall be trans- dents, and education of the public designed to loans authorized by sections 221 and 222 of the ferred to and consolidated with funds appro- promote understanding of a law-based economy. (b) None of the funds appropriated under this Foreign Assistance Act of 1961, $4,000,000, to re- priated by this Act under the heading ‘‘Inter- heading shall be transferred to the Government main available until September 30, 1998: Pro- national Organizations and Programs’’. of Russia— vided, That these funds are available to sub- ASSISTANCE FOR EASTERN EUROPE AND THE (1) unless that Government is making progress sidize loan principal, 100 percent of which shall BALTIC STATES in implementing comprehensive economic re- be guaranteed, pursuant to the authority of (a) For necessary expenses to carry out the forms based on market principles, private own- such sections. In addition, for administrative ex- provisions of the Foreign Assistance Act of 1961 ership, negotiating repayment of commercial penses to carry out guaranteed loan programs, and the Support for East European Democracy debt, respect for commercial contracts, and equi- $6,000,000, all of which may be transferred to (SEED) Act of 1989, $475,000,000, to remain table treatment of foreign private investment; and merged with the appropriation for Operat- available until September 30, 1998, which shall and ing Expenses of the Agency for International be available, notwithstanding any other provi- (2) if that Government applies or transfers Development: Provided further, That commit- sion of law, for economic assistance and for re- United States assistance to any entity for the ments to guarantee loans under this heading lated programs for Central and Eastern Europe purpose of expropriating or seizing ownership or may be entered into notwithstanding the second and the Baltic States. control of assets, investments, or ventures. and third sentences of section 222(a) and, with (b) Funds appropriated under this heading or (c) Funds may be furnished without regard to regard to programs for central and Eastern Eu- in prior appropriations Acts that are or have subsection (b) if the President determines that to rope and programs for the benefit of South Afri- been made available for an Enterprise Fund do so is in the national interest. cans disadvantaged by apartheid, section 223(j) may be deposited by such Fund in interest-bear- (d) None of the funds appropriated under this of the Foreign Assistance Act of 1961. ing accounts prior to the Fund’s disbursement of heading shall be made available to any govern- PAYMENT TO THE FOREIGN SERVICE RETIREMENT such funds for program purposes. The Fund ment of the new independent states of the AND DISABILITY FUND may retain for such program purposes any in- former Soviet Union if that government directs terest earned on such deposits without returning any action in violation of the territorial integ- For payment to the ‘‘Foreign Service Retire- such interest to the Treasury of the United rity or national sovereignty of any other new ment and Disability Fund’’, as authorized by States and without further appropriation by the independent state, such as those violations in- the Foreign Service Act of 1980, $43,826,000. Congress. Funds made available for Enterprise cluded in the Helsinki Final Act: Provided, That OPERATING EXPENSES OF THE AGENCY FOR Funds shall be expended at the minimum rate such funds may be made available without re- INTERNATIONAL DEVELOPMENT necessary to make timely payment for projects gard to the restriction in this subsection if the For necessary expenses to carry out the provi- and activities. President determines that to do so is in the na- sions of section 667, $495,000,000: Provided, That (c) Funds appropriated under this heading tional security interest of the United States: notwithstanding any other provision of law, shall be considered to be economic assistance Provided further, That the restriction of this none of the funds appropriated or otherwise under the Foreign Assistance Act of 1961 for subsection shall not apply to the use of such made available by this Act may be made avail- purposes of making available the administrative funds for the provision of assistance for pur- able for expenses necessary to relocate the Agen- authorities contained in that Act for the use of poses of humanitarian, disaster and refugee re- cy for International Development, or any part economic assistance. lief. of that agency, to the building at the Federal (d) With regard to funds appropriated or oth- (e) None of the funds appropriated under this Triangle in Washington, District of Columbia. erwise made available under this heading for heading for the new independent states of the the economic revitalization program in Bosnia former Soviet Union shall be made available for OPERATING EXPENSES OF THE AGENCY FOR INTER- and Herzegovina, and local currencies gen- any state to enhance its military capability: NATIONAL DEVELOPMENT OFFICE OF INSPECTOR erated by such funds (including the conversion Provided, That this restriction does not apply to GENERAL of funds appropriated under this heading into demilitarization or nonproliferation programs. For necessary expenses to carry out the provi- currency used by Bosnia and Herzegovina as (f) Funds appropriated under this heading sions of section 667, $28,000,000, to remain avail- local currency and local currency returned or shall be subject to the regular notification pro- able until expended, which sum shall be avail- repaid under such program)— cedures of the Committees on Appropriations. able for the Office of the Inspector General of (1) the Administrator of the Agency for Inter- (g) Funds made available in this Act for as- the Agency for International Development. national Development shall provide written ap- sistance to the new independent states of the July 26, 1996 CONGRESSIONAL RECORD — SENATE S8949 former Soviet Union shall be subject to the pro- (o) None of the funds appropriated under this priated under this heading shall be used to pay visions of section 117 (relating to environment heading may be made available for Russia un- for abortions: Provided further, That funds ap- and natural resources) of the Foreign Assistance less the President determines and certifies in propriated under this heading shall remain Act of 1961. writing to the Committees on Appropriations available until September 30, 1998. (h)(1) Of the funds appropriated under title II that the Government of Russia has terminated DEPARTMENT OF STATE of this Act, including funds appropriated under implementation of arrangements to provide Iran INTERNATIONAL NARCOTICS CONTROL this heading, not less than $11,000,000 shall be with technical expertise, training, technology, For necessary expenses to carry out the provi- available only for assistance for Mongolia, of or equipment necessary to develop a nuclear re- sions of section 481 of the Foreign Assistance which amount not less than $6,000,000 shall be actor or related nuclear research facilities or Act of 1961, $213,000,000: Provided, That during available only for the Mongolian energy sector. programs. fiscal year 1997, the Department of State may (2) Funds made available for assistance for (p) Of the funds appropriated under this also use the authority of section 608 of the For- Mongolia shall be made available in accordance heading, $15,000,000 shall be provided for hos- eign Assistance Act of 1961, without regard to its with the purposes and utilizing the authorities pital partnership programs, medical assistance restrictions, to receive non-lethal excess prop- provided in chapter 11 of part I of the Foreign to directly reduce the incidence of infectious dis- erty from an agency of the United States Gov- Assistance Act of 1961. eases such as diphtheria or tuberculosis, and a ernment for the purpose of providing it to a for- (i) Funds made available in this Act for assist- program to reduce the adverse impact of con- eign country under chapter 8 of part I of that ance to the New Independent States of the taminated drinking water. former Soviet Union shall be provided to the (q) Of the funds appropriated under this Act subject to the regular notification proce- maximum extent feasible through the private heading and under the heading ‘‘Assistance for dures of the Committees on Appropriations: Pro- sector, including small- and medium-size busi- Eastern Europe and the Baltic States’’, not less vided, That, of the funds appropriated under nesses, entrepreneurs, and others with indige- than $12,000,000 shall be made available for law this heading, $2,000,000 shall be available only nous private enterprises in the region, enforcement training and exchanges, and inves- for demining operations in Afghanistan. intermediary development organizations commit- tigative and technical assistance activities relat- MIGRATION AND REFUGEE ASSISTANCE ted to private enterprise, and private voluntary ed to international criminal activities: Provided, For expenses, not otherwise provided for, nec- organizations: Provided, That grantees and con- That of this amount, not less than $1,000,000 essary to enable the Secretary of State to pro- tractors should, to the maximum extent possible, shall be made available for training and ex- vide, as authorized by law, a contribution to the place in key staff positions specialists with prior changes in Russia to combat violence against International Committee of the Red Cross, as- on the ground expertise in the region of activity women. sistance to refugees, including contributions to and fluency in one of the local languages. (r) Of the funds appropriated under this the International Organization for Migration (j) In issuing new task orders, entering into heading, not less than $50,000,000 should be pro- and the United Nations High Commissioner for contracts, or making grants, with funds appro- vided to the Western NIS and Central Asian En- Refugees, and other activities to meet refugee priated under this heading or in prior appro- terprise Funds: Provided, That obligation of and migration needs; salaries and expenses of priations Acts, for projects or activities that these funds shall be consistent with sound busi- personnel and dependents as authorized by the have as one of their primary purposes the foster- ness practices. Foreign Service Act of 1980; allowances as au- ing of private sector development, the Coordina- (s) Of the funds made available under this thorized by sections 5921 through 5925 of title 5, tor for United States Assistance to the New heading, not less than $10,000,000 shall be made United States Code; purchase and hire of pas- Independent States and the implementing agen- available for a United States contribution to the senger motor vehicles; and services as author- cy shall encourage the participation of and give Trans-Caucasus Enterprise Fund. ized by section 3109 of title 5, United States significant weight to contractors and grantees (t) Funds appropriated under this heading or Code, $650,000,000: Provided, That not more who propose investing a significant amount of in prior appropriations Acts that are or have than $12,000,000 shall be available for adminis- their own resources (including volunteer serv- been made available for an Enterprise Fund trative expenses: Provided further, That not less ices and in-kind contributions) in such projects may be deposited by such Fund in interest-bear- than $80,000,000 shall be made available for ref- and activities. ing accounts prior to the disbursement of such ugees from the former Soviet Union and Eastern (k) Of the funds made available under this funds by the Fund for program purposes. The Europe and other refugees resettling in Israel. heading, not less than $225,000,000 shall be made Fund may retain for such program proposes any UNITED STATES EMERGENCY REFUGEE AND available for Ukraine, of which funds not less interest earned on such deposits without return- MIGRATION ASSISTANCE FUND than $25,000,000 shall be made available to carry ing such interest to the Treasury of the United For necessary expenses to carry out the provi- out United States decommissioning obligations States and without further appropriation by the sions of section 2(c) of the Migration and Ref- regarding the Chornobyl plant made in the Congress. Funds made available for Enterprise ugee Assistance Act of 1962, as amended (22 Memorandum of Understanding between the Funds shall be expended at the minimum rate U.S.C. 260(c)), $50,000,000, to remain available Government of Ukraine and the G–7 Group: Pro- necessary to make timely payment for projects until expended: Provided, That the funds made vided, That not less than $35,000,000 shall be and activities. available under this heading are appropriated made available for agricultural projects, includ- (u) Funds appropriated under this heading notwithstanding the provisions contained in ing those undertaken through the Food Systems may not be made available for the Government section 2(c)(2) of the Migration and Refugee As- Restructuring Program, which leverage private of Ukraine if the President determines and re- sistance Act of 1962 which would limit the sector resources with United States Government ports to the Committees on Appropriations that amount of funds which could be appropriated assistance: Provided further, That $5,000,000 the Government of Ukraine is engaged in mili- for this purpose. shall be available for a small business incubator tary cooperation with the Government of Libya. NONPROLIFERATION, ANTI-TERRORISM, DEMINING project: Provided further, That $5,000,000 shall (v) Of the funds appropriated under this AND RELATED PROGRAMS be made available for screening and treatment heading, not less than $15,000,000 shall be avail- (INCLUDING TRANSFERS OF FUNDS) of childhood mental and physical illnesses relat- able only for a family planning program for the For necessary expenses for nonproliferation, ed to Chornobyl radiation: Provided further, New Independent States of the former Soviet anti-terrorism and related programs and activi- That of the amount appropriated under this Union comparable to the family planning pro- ties, $140,000,000 to carry out the provisions of heading, $5,000,000 shall be available only for a gram currently administered by the Agency for chapter 8 of part II of the Foreign Assistance land and resource management institute to iden- International Development in the Central Asian Act of 1961 for anti-terrorism assistance, section tify nuclear contamination at Chornobyl.. Republics and focusing on population assistance 504 of the FREEDOM Support Act for the Non- (l) Of the funds made available for Ukraine, which provides an alternative to abortion. proliferation and Disarmament Fund, section 23 under this Act or any other Act, not less than (w) Funds made available under this Act or of the Arms Export Control Act for demining ac- $50,000,000 shall be made available to improve any other Act (other than assistance under title tivities, notwithstanding any other provision of safety at nuclear reactors: Provided, That of V of the FREEDOM Support Act) may not be law, including activities implemented through this amount $20,000,000 shall be provided for the provided to the Government of Azerbaijan until nongovernmental and international organiza- purchase and installation of, and training for, the President determines, and so reports to the tions, section 301 of the Foreign Assistance Act safety parameter display or control systems at Congress, that the Government of Azerbaijan is of 1961 for a voluntary contribution to the Inter- all operational nuclear reactors: Provided fur- taking demonstrable steps to cease all blockades national Atomic Energy Agency (IAEA) and a ther, That of this amount, $20,000,000 shall be and other offensive uses of force against Arme- voluntary contribution to the Korean Peninsula made available for the purchase, construction, nia and Nagorno-Karabakh. Energy Development Organization (KEDO), and installation and training for Full Scope and An- (x) Of the funds appropriated under this for the acquisition and provision of goods and alytical/Engineering simulators: Provided fur- heading, not less than $2,500,000 shall be made services, or for grants to Israel necessary to sup- ther, That of this amount such funds as may be available for the American-Russian Center. necessary shall be made available to conduct port the eradication of terrorism in and around INDEPENDENT AGENCY Safety Analysis Reports at all operational nu- Israel: Provided, That of this amount not to ex- clear reactors. PEACE CORPS ceed $15,000,000, to remain available until ex- (m) Of the funds made available by this Act, For expenses necessary to carry out the provi- pended, may be made available for the Non- not less than $95,000,000 shall be made available sions of the Peace Corps Act (75 Stat. 612), proliferation and Disarmament Fund, notwith- for Armenia. $205,000,000, including the purchase of not to ex- standing any other provision of law, to promote (n) Of the funds made available by this or any ceed five passenger motor vehicles for adminis- bilateral and multilateral activities relating to other Act, $25,000,000 shall be made available for trative purposes for use outside of the United nonproliferation and disarmament: Provided Georgia. States: Provided, That none of the funds appro- further, That such funds may also be used for S8950 CONGRESSIONAL RECORD — SENATE July 26, 1996 such countries other than the new independent country agrees to fund from its own resources cipal amount of direct loans for each country states of the former Soviet Union and inter- the transportation cost and living allowances of shall not exceed the following: $122,500,000 only national organizations when it is in the na- its students: Provided further, That the civilian for Greece and $175,000,000 only for Turkey. tional security interest of the United States to personnel for whom military education and None of the funds made available under this do so: Provided further, That such funds shall training may be provided under this heading heading shall be available to finance the pro- be subject to the regular notification procedures may also include members of national legisla- curement of defense articles, defense services, or of the Committees on Appropriations: Provided tures who are responsible for the oversight and design and construction services that are not further, That funds appropriated under this management of the military, and may also in- sold by the United States Government under the heading may be made available for the Inter- clude individuals who are not members of a gov- Arms Export Control Act unless the foreign national Atomic Energy Agency only if the Sec- ernment: Provided further, That none of the country proposing to make such procurements retary of State determines (and so reports to the funds appropriated under this heading shall be has first signed an agreement with the United Congress) that Israel is not being denied its available for Zaire and Guatemala: Provided States Government specifying the conditions right to participate in the activities of that further, That funds appropriated under this under which such procurements may be fi- Agency: Provided further, That, notwithstand- heading for grant financed military education nanced with such funds: Provided, That all ing any prohibitions in this or any other Act on and training for Indonesia may only be avail- country and funding level increases in alloca- direct or indirect assistance to North Korea, not able for expanded military education and train- tions shall be submitted through the regular no- more than $25,000,000 may be made available to ing. tification procedures of section 515 of this Act: the Korean Peninsula Energy Development Or- FOREIGN MILITARY FINANCING PROGRAM Provided further, That funds made available ganization (KEDO) only for heavy fuel oil costs under this heading shall be obligated upon ap- (INCLUDING TRANSFERS OF FUNDS) and other expenses associated with the Agreed portionment in accordance with paragraph For expenses necessary for grants to enable Framework, of which $13,000,000 shall be from (5)(C) of title 31, United States Code, section the President to carry out the provisions of sec- funds appropriated under this heading and 1501(a): Provided further, That none of the tion 23 of the Arms Export Control Act, $12,000,000 may be transferred from funds ap- funds appropriated under this heading shall be $3,224,000,000: Provided, That of the funds ap- propriated by this Act under the headings available for Zaire, Sudan, Peru, Liberia, and propriated by this paragraph not less than ‘‘International Organization and Programs’’, Guatemala: Provided further, That none of the $1,800,000,000 shall be available for grants only ‘‘Foreign Military Financing Program’’, and funds appropriated or otherwise made available for Israel, and not less than $1,300,000,000 shall ‘‘Economic Support Fund’’: Provided further, for use under this heading may be made avail- be available for grants only for Egypt: Provided That such funds may be obligated to KEDO able for Colombia or Bolivia until the Secretary further, That the funds appropriated by this only if, prior to such obligation of funds, the of State certifies that such funds will be used by paragraph for Israel shall be disbursed within President certifies and so reports to Congress such country primarily for counternarcotics ac- thirty days of enactment of this Act or by Octo- that (1)(A) the United States is taking steps to tivities: Provided further, That funds made ber 31, 1996, whichever is later: Provided fur- assure that progress is made on the implementa- available under this heading may be used, not- ther, That to the extent that the Government of tion of the January 1, 1992, Joint Declaration on withstanding any other provision of law, for ac- Israel requests that funds be used for such pur- the Denuclearization of the Korean Peninsula tivities related to the clearance of landmines poses, grants made available for Israel by this and the implementation of the North-South dia- and unexploded ordnance, and may include ac- paragraph shall, as agreed by Israel and the logue, and (B) North Korea is complying with tivities implemented through nongovernmental United States, be available for advanced weap- the other provisions of the Agreed Framework and international organizations: Provided fur- ons systems, of which not less than $475,000,000 between North Korea and the United States and ther, That not more than $100,000,000 of the shall be available for the procurement in Israel with the Confidential Minute; (2) North Korea funds made available under this heading shall of defense articles and defense services, includ- is cooperating fully in the canning and safe be available for use in financing the procure- ing research and development: Provided further, storage of all spent fuel from its graphite-mod- ment of defense articles, defense services, or de- That Poland, Hungary, and the Czech Republic erated nuclear reactors and that such canning sign and construction services that are not sold shall be designated as eligible for the program and safe storage is scheduled to be completed by by the United States Government under the established under section 203(a) of the NATO the end of fiscal year 1997; and (3) North Korea Arms Export Control Act to countries other than Participation Act of 1994: Provided further, has not significantly diverted assistance pro- Israel and Egypt: Provided further, That only That of the funds made available under this vided by the United States for purposes for those countries for which assistance was justi- paragraph, $30,000,000 shall be available for as- which such assistance was not intended: Pro- fied for the ‘‘Foreign Military Sales Financing sistance on a grant basis for Poland, Hungary, Program’’ in the fiscal year 1989 congressional vided further, That the President may waive the and the Czech Republic to carry out title II of presentation for security assistance programs certification requirements of the preceding pro- Public Law 103–477 and section 585 of Public may utilize funds made available under this viso if the President deems it necessary in the Law 104–107: Provided further, That funds made heading for procurement of defense articles, de- vital national security interests of the United available under this paragraph shall be non- fense services or design and construction serv- States: Provided further, That no funds may be repayable notwithstanding any requirement in ices that are not sold by the United States Gov- obligated for KEDO until 30 calendar days after section 23 of the Arms Export Control Act: Pro- ernment under the Arms Export Control Act: the submission to Congress of the waiver per- vided further, That, for the purpose only of pro- Provided further, That, subject to the regular mitted under the preceding proviso: Provided viding support for NATO expansion and the notification procedures of the Committees on further, That before obligating any funds for Warsaw Initiative Program, of the funds appro- Appropriations, funds made available under this KEDO, the President shall report to Congress on priated by this Act under the headings ‘‘Assist- heading for the cost of direct loans may also be (1) the cooperation of North Korea in the proc- ance for Eastern Europe and the Baltic States’’ used to supplement the funds available under ess of returning to the United States the remains and ‘‘Assistance for the New Independent States this heading for grants, and funds made avail- of United States military personnel who are list- of the Former Soviet Union’’, up to a total of able under this heading for grants may also be ed as missing in action as a result of the Korean $20,000,000 may be transferred, notwithstanding used to supplement the funds available under conflict (including conducting joint field activi- any other provision of law, to the funds appro- this heading for the cost of direct loans: Pro- ties with the United States); (2) violations of the priated under this paragraph: Provided further, vided further, That funds appropriated under military armistice agreement of 1953; (3) the ac- That none of the funds made available under this heading shall be expended at the minimum tions which the United States is taking and this heading shall be available for any non- rate necessary to make timely payment for de- plans to take to assure that North Korea is con- NATO country participating in the Partnership fense articles and services: Provided further, sistently taking steps to implement the Joint for Peace Program except through the regular That the Department of Defense shall conduct Declaration on Denuclearization of the Korean notification procedures of the Committees on during the current fiscal year nonreimbursable Peninsula and engage in North-South dialogue; Appropriations. audits of private firms whose contracts are made and (4) all instances of non-compliance with the For the cost, as defined in section 502 of the directly with foreign governments and are fi- agreed framework between North Korea and the Congressional Budget Act of 1974, of direct nanced with funds made available under this United States and the Confidential Minute, in- loans authorized by section 23 of the Arms Ex- heading (as well as subcontractors thereunder) cluding diversion of heating fuel oil: Provided port Control Act as follows: cost of direct loans, as requested by the Defense Security Assistance further, That the obligation of such funds shall $60,000,000: Provided, That these funds are Agency: Provided further, That not more than be subject to the regular notification procedures available to subsidize gross obligations for the $23,250,000 of the funds appropriated under this of the Committees on Appropriations. principal amount of direct loans of not to exceed heading may be obligated for necessary ex- TITLE III—MILITARY ASSISTANCE $540,000,000: Provided further, That the rate of penses, including the purchase of passenger FUNDS APPROPRIATED TO THE PRESIDENT interest charged on such loans shall be not less motor vehicles for replacement only for use out- INTERNATIONAL MILITARY EDUCATION AND than the current average market yield on out- side of the United States, for the general costs of TRAINING standing marketable obligations of the United administering military assistance and sales: Pro- For necessary expenses to carry out the provi- States of comparable maturities: Provided fur- vided further, That not more than $355,000,000 sions of section 541 of the Foreign Assistance ther, That of the funds appropriated under this of funds realized pursuant to section 21(e)(1)(A) Act of 1961, $40,000,000: Provided, That up to paragraph $20,000,000 shall be made available to of the Arms Export Control Act may be obligated $100,000 of the funds appropriated under this Poland, Hungary, and the Czech Republic: Pro- for expenses incurred by the Department of De- heading may be made available for grant fi- vided further, That funds appropriated under fense during fiscal year 1997 pursuant to section nanced military education and training for any this heading shall be made available for Greece 43(b) of the Arms Export Control Act, except high income country on the condition that that and Turkey only on a loan basis, and the prin- that this limitation may be exceeded only July 26, 1996 CONGRESSIONAL RECORD — SENATE S8951 through the regular notification procedures of of the Treasury, $11,916,447, for the United $126,500 shall be for official residence expenses the Committees on Appropriations. States share of the paid-in share portion of the of the Agency for International Development PEACEKEEPING OPERATIONS initial capital subscription, to remain available during the current fiscal year: Provided, That For necessary expenses to carry out the provi- until expended. appropriate steps shall be taken to assure that, sions of section 551 of the Foreign Assistance LIMITATION ON CALLABLE CAPITAL to the maximum extent possible, United States- Act of 1961, $65,000,000: Provided, That none of SUBSCRIPTIONS owned foreign currencies are utilized in lieu of the funds appropriated under this paragraph The United States Governor of the European dollars. shall be obligated or expended except as pro- Bank for Reconstruction and Development may LIMITATION ON EXPENSES vided through the regular notification proce- subscribe without fiscal year limitation to the SEC. 504. Of the funds appropriated or made dures of the Committees on Appropriations. callable capital portion of the United States available pursuant to this Act, not to exceed TITLE IV—MULTILATERAL ECONOMIC share of such capital stock in an amount not to $5,000 shall be for entertainment expenses of the ASSISTANCE exceed $27,805,043. Agency for International Development during FUNDS APPROPRIATED TO THE PRESIDENT NORTH AMERICAN DEVELOPMENT BANK the current fiscal year. LIMITATION ON REPRESENTATIONAL ALLOWANCES INTERNATIONAL FINANCIAL INSTITUTIONS For payment to the North American Develop- ment Bank by the Secretary of the Treasury, for SEC. 505. Of the funds appropriated or made CONTRIBUTION TO THE GLOBAL ENVIRONMENT the United States share of the paid-in portion of available pursuant to this Act, not to exceed FACILITY the capital stock, $56,250,000, to remain avail- $95,000 shall be available for representation al- For payment to the International Bank for able until expended. lowances for the Agency for International De- Reconstruction and Development by the Sec- velopment during the current fiscal year: Pro- retary of the Treasury, for the United States LIMITATION ON CALLABLE CAPITAL vided, That appropriate steps shall be taken to contribution to the Global Environment Facility SUBSCRIPTIONS assure that, to the maximum extent possible, (GEF), $35,000,000, to remain available until The United States Governor of the North United States-owned foreign currencies are uti- September 30, 1998. American Development Bank may subscribe without fiscal year limitation to the callable lized in lieu of dollars: Provided further, That of CONTRIBUTION TO THE INTERIM TRUST FUND AT capital portion of the United States share of the the funds made available by this Act for general THE INTERNATIONAL DEVELOPMENT ASSOCIATION capital stock of the North American Develop- costs of administering military assistance and For payment to the Interim Trust Fund ad- ment Bank in an amount not to exceed sales under the heading ‘‘Foreign Military Fi- ministered by the International Development $318,750,000. nancing Program’’, not to exceed $2,000 shall be Association by the Secretary of the Treasury, available for entertainment expenses and not to $700,000,000, to remain available until expended. INTERNATIONAL ORGANIZATIONS AND PROGRAMS For necessary expenses to carry out the provi- exceed $50,000 shall be available for representa- CONTRIBUTION TO THE INTERNATIONAL FINANCE sions of section 301 of the Foreign Assistance tion allowances: Provided further, That of the CORPORATION Act of 1961, and of section 2 of the United Na- funds made available by this Act under the For payment to the International Finance tions Environment Program Participation Act of heading ‘‘International Military Education and Corporation by the Secretary of the Treasury, 1973, $270,000,000: Provided, That none of the Training’’, not to exceed $50,000 shall be avail- $6,656,000, for the United States share of the in- funds appropriated under this heading shall be able for entertainment allowances: Provided fur- crease in subscriptions to capital stock, to re- made available for the United Nations Fund for ther, That of the funds made available by this main available until expended. Science and Technology: Provided further, That Act for the Inter-American Foundation, not to CONTRIBUTION TO THE INTER-AMERICAN not less than $3,000,000 of the funds appro- exceed $2,000 shall be available for entertain- DEVELOPMENT BANK priated under this heading shall be made avail- ment and representation allowances: Provided For payment to the Inter-American Develop- able for the World Food Program: Provided fur- further, That of the funds made available by ment Bank by the Secretary of the Treasury, ther, That none of the funds appropriated this Act for the Peace Corps, not to exceed a for the United States share of the paid-in share under this heading may be made available to total of $4,000 shall be available for entertain- portion of the increase in capital stock, the International Atomic Energy Agency ment expenses: Provided further, That of the $25,610,667, and for the United States share of (IAEA): Provided further, That none of the funds made available by this Act under the the increase in the resources of the Fund for funds appropriated under this heading that are heading ‘‘Trade and Development Agency’’, not Special Operations, $10,000,000, to remain avail- made available to the United Nations Popu- to exceed $2,000 shall be available for represen- able until expended. lation Fund (UNFPA) shall be made available tation and entertainment allowances. LIMITATION ON CALLABLE CAPITAL for activities in the People’s Republic of China: PROHIBITION ON FINANCING NUCLEAR GOODS SUBSCRIPTIONS Provided further, That not more than SEC. 506. None of the funds appropriated or The United States Governor of the Inter- $35,000,000 of the funds appropriated under this made available (other than funds for ‘‘Non- American Development Bank may subscribe heading may be made available to the UNFPA: proliferation, Anti-terrorism, Demining and Re- without fiscal year limitation to the callable Provided further, That not more than one-half lated Programs’’) pursuant to this Act, for car- capital portion of the United States share of of this amount may be provided to UNFPA be- rying out the Foreign Assistance Act of 1961, such capital stock in an amount not to exceed fore March 1, 1997, and that no later than Feb- may be used, except for purposes of nuclear $1,503,718,910. ruary 15, 1997, the Secretary of State shall sub- safety, to finance the export of nuclear equip- CONTRIBUTION TO THE ENTERPRISE FOR THE mit a report to the Committees on Appropria- ment, fuel, or technology. AMERICAS MULTILATERAL INVESTMENT FUND tions indicating the amount UNFPA is budget- PROHIBITION AGAINST DIRECT FUNDING FOR For payment to the Enterprise for the Ameri- ing for the People’s Republic of China in 1997: CERTAIN COUNTRIES cas Multilateral Investment Fund by the Sec- Provided further, That any amount UNFPA SEC. 507. None of the funds appropriated or retary of the Treasury, for the United States plans to spend in the People’s Republic of China otherwise made available pursuant to this Act contribution to the Fund to be administered by in 1997 shall be deducted from the amount of shall be obligated or expended to finance di- the Inter-American Development Bank, funds provided to UNFPA after March 1, 1997 rectly any assistance or reparations to Cuba, $27,500,000 to remain available until expended. pursuant to the previous provisos: Provided fur- Iraq, Libya, North Korea, Iran, Serbia, Sudan, CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK ther, That with respect to any funds appro- or Syria: Provided, That for purposes of this For payment to the Asian Development Bank priated under this heading that are made avail- section, the prohibition on obligations or ex- by the Secretary of the Treasury for the United able to UNFPA, UNFPA shall be required to penditures shall include direct loans, credits, in- States share of the paid-in portion of the in- maintain such funds in a separate account and surance and guarantees of the Export-Import crease in capital stock, $13,221,596, to remain not commingle them with any other funds. Bank or its agents. available until expended. TITLE V—GENERAL PROVISIONS MILITARY COUPS LIMITATION ON CALLABLE CAPITAL OBLIGATIONS DURING LAST MONTH OF SEC. 508. None of the funds appropriated or SUBSCRIPTIONS AVAILABILITY otherwise made available pursuant to this Act The United States Governor of the Asian De- SEC. 501. Except for the appropriations enti- shall be obligated or expended to finance di- velopment Bank may subscribe without fiscal tled ‘‘International Disaster Assistance’’, and rectly any assistance to any country whose duly year limitation to the callable capital portion of ‘‘United States Emergency Refugee and Migra- elected Head of Government is deposed by mili- the United States share of such capital stock in tion Assistance Fund’’, not more than 15 per tary coup or decree: Provided, That assistance an amount not to exceed $647,858,204. centum of any appropriation item made avail- may be resumed to such country if the President CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND able by this Act shall be obligated during the determines and reports to the Committees on Ap- For the United States contribution by the Sec- last month of availability. propriations that subsequent to the termination retary of the Treasury to the increases in re- PROHIBITION OF BILATERAL FUNDING FOR of assistance a democratically elected govern- sources of the Asian Development Fund, as au- INTERNATIONAL FINANCIAL INSTITUTIONS ment has taken office. thorized by the Asian Development Bank Act, SEC. 502. None of the funds contained in title TRANSFERS BETWEEN ACCOUNTS as amended (Public Law 89–369), $100,000,000, to II of this Act may be used to carry out the pro- SEC. 509. None of the funds made available by remain available until expended. visions of section 209(d) of the Foreign Assist- this Act may be obligated under an appropria- CONTRIBUTION TO THE EUROPEAN BANK FOR ance Act of 1961. tion account to which they were not appro- RECONSTRUCTION AND DEVELOPMENT LIMITATION ON RESIDENCE EXPENSES priated, except for transfers specifically pro- For payment to the European Bank for Re- SEC. 503. Of the funds appropriated or made vided for in this Act, unless the President, prior construction and Development by the Secretary available pursuant to this Act, not to exceed to the exercise of any authority contained in the S8952 CONGRESSIONAL RECORD — SENATE July 26, 1996 Foreign Assistance Act of 1961 to transfer funds, assistance and none of the funds otherwise President shall not enter into any commitment consults with and provides a written policy jus- made available pursuant to this Act to the Ex- of funds appropriated for the purposes of sec- tification to the Committees on Appropriations port-Import Bank and the Overseas Private In- tion 23 of the Arms Export Control Act for the of the House of Representatives and the Senate: vestment Corporation shall be obligated or ex- provision of major defense equipment, other Provided, That the exercise of such authority pended to finance any loan, any assistance or than conventional ammunition, or other major shall be subject to the regular notification pro- any other financial commitments for establish- defense items defined to be aircraft, ships, mis- cedures of the Committees on Appropriations, ing or expanding production of any commodity siles, or combat vehicles, not previously justified except for transfers specifically referred to in for export by any country other than the United to Congress or 20 per centum in excess of the this Act. States, if the commodity is likely to be in surplus quantities justified to Congress unless the Com- DEOBLIGATION/REOBLIGATION AUTHORITY on world markets at the time the resulting pro- mittees on Appropriations are notified fifteen SEC. 510. (a) Amounts certified pursuant to ductive capacity is expected to become operative days in advance of such commitment: Provided section 1311 of the Supplemental Appropriations and if the assistance will cause substantial in- further, That this section shall not apply to any Act, 1955, as having been obligated against ap- jury to United States producers of the same, reprogramming for an activity, program, or propriations heretofore made under the author- similar, or competing commodity. project under chapter 1 of part I of the Foreign ity of the Foreign Assistance Act of 1961 for the (b) None of the funds appropriated by this or Assistance Act of 1961 of less than 10 per centum same general purpose as any of the headings any other Act to carry out chapter 1 of part I of the amount previously justified to the Con- under title II of this Act are, if deobligated, of the Foreign Assistance Act of 1961 shall be gress for obligation for such activity, program, hereby continued available for the same period available for any testing or breeding feasibility or project for the current fiscal year: Provided as the respective appropriations under such study, variety improvement or introduction, further, That the requirements of this section or headings or until September 30, 1997, whichever consultancy, publication, conference, or train- any similar provision of this Act or any other is later, and for the same general purpose, and ing in connection with the growth or production Act, including any prior Act requiring notifica- for countries within the same region as origi- in a foreign country of an agricultural commod- tion in accordance with the regular notification nally obligated: Provided, That the Appropria- ity for export which would compete with a simi- procedures of the Committees on Appropriations, tions Committees of both Houses of the Congress lar commodity grown or produced in the United may be waived if failure to do so would pose a are notified fifteen days in advance of the States: Provided, That this subsection shall not substantial risk to human health or welfare: deobligation and reobligation of such funds in prohibit— Provided further, That in case of any such accordance with regular notification procedures (1) activities designed to increase food security waiver, notification to the Congress, or the ap- of the Committees on Appropriations. in developing countries where such activities propriate congressional committees, shall be pro- (b) Obligated balances of funds appropriated will not have a significant impact in the export vided as early as practicable, but in no event to carry out section 23 of the Arms Export Con- of agricultural commodities of the United States; later than three days after taking the action to trol Act as of the end of the fiscal year imme- or which such notification requirement was appli- diately preceding the current fiscal year are, if (2) research activities intended primarily to cable, in the context of the circumstances neces- deobligated, hereby continued available during benefit American producers. sitating such waiver: Provided further, That the current fiscal year for the same purpose SURPLUS COMMODITIES any notification provided pursuant to such a under any authority applicable to such appro- SEC. 514. The Secretary of the Treasury shall waiver shall contain an explanation of the priations under this Act: Provided, That the au- instruct the United States Executive Directors of emergency circumstances. thority of this subsection may not be used in fis- the International Bank for Reconstruction and Drawdowns made pursuant to section cal year 1997. Development, the International Development 506(a)(2) of the Foreign Assistance Act of 1961 AVAILABILITY OF FUNDS Association, the International Finance Corpora- shall be subject to the regular notification pro- SEC. 511. No part of any appropriation con- tion, the Inter-American Development Bank, the cedures of the Committees on Appropriations. tained in this Act shall remain available for ob- International Monetary Fund, the Asian Devel- LIMITATION ON AVAILABILITY OF FUNDS FOR ligation after the expiration of the current fiscal opment Bank, the Inter-American Investment INTERNATIONAL ORGANIZATIONS AND PROGRAMS year unless expressly so provided in this Act: Corporation, the North American Development SEC. 516. Notwithstanding any other provision Provided, That funds appropriated for the pur- Bank, the European Bank for Reconstruction of law or of this Act, none of the funds provided poses of chapters 1, 8 and 11 of part I, section and Development, the African Development for ‘‘International Organizations and Pro- 667, and chapter 4 of part II of the Foreign As- Bank, and the African Development Fund to grams’’ shall be available for the United States sistance Act of 1961, as amended, and funds pro- use the voice and vote of the United States to proportionate share, in accordance with section vided under the heading ‘‘Assistance for East- oppose any assistance by these institutions, 307(c) of the Foreign Assistance Act of 1961, for ern Europe and the Baltic States’’, shall remain using funds appropriated or made available pur- any programs identified in section 307, or for available until expended if such funds are ini- suant to this Act, for the production or extrac- Libya, Iran, or, at the discretion of the Presi- tially obligated before the expiration of their re- tion of any commodity or mineral for export, if dent, Communist countries listed in section spective periods of availability contained in this it is in surplus on world markets and if the as- 620(f) of the Foreign Assistance Act of 1961, as Act: Provided further, That, notwithstanding sistance will cause substantial injury to United amended: Provided, That, subject to the regular any other provision of this Act, any funds made States producers of the same, similar, or compet- notification procedures of the Committees on available for the purposes of chapter 1 of part I ing commodity. Appropriations, funds appropriated under this and chapter 4 of part II of the Foreign Assist- NOTIFICATION REQUIREMENTS Act or any previously enacted Act making ap- ance Act of 1961 which are allocated or obli- SEC. 515. For the purposes of providing the propriations for foreign operations, export fi- gated for cash disbursements in order to address Executive Branch with the necessary adminis- nancing, and related programs, which are re- balance of payments or economic policy reform trative flexibility, none of the funds made avail- turned or not made available for organizations objectives, shall remain available until ex- able under this Act for ‘‘Development Assist- and programs because of the implementation of pended: Provided further, That the report re- ance’’, ‘‘Population, Development Assistance’’, this section or any similar provision of law, quired by section 653(a) of the Foreign Assist- ‘‘International organizations and programs’’, shall remain available for obligation through ance Act of 1961 shall designate for each coun- ‘‘Trade and Development Agency’’, ‘‘Inter- September 30, 1997. try, to the extent known at the time of submis- national narcotics control’’, ‘‘Assistance for ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL sion of such report, those funds allocated for Eastern Europe and the Baltic States’’, ‘‘Assist- SEC. 517. The Congress finds that progress on cash disbursement for balance of payment and ance for the New Independent States of the the peace process in the Middle East is vitally economic policy reform purposes. Former Soviet Union’’, ‘‘Economic Support important to United States security interests in LIMITATION ON ASSISTANCE TO COUNTRIES IN Fund’’, ‘‘Peacekeeping operations’’, ‘‘Operating the region. The Congress recognizes that, in ful- DEFAULT expenses of the Agency for International Devel- filling its obligations under the Treaty of Peace SEC. 512. No part of any appropriation con- opment’’, ‘‘Operating expenses of the Agency for Between the Arab Republic of Egypt and the tained in this Act shall be used to furnish assist- International Development Office of Inspector State of Israel, done at Washington on March ance to any country which is in default during General’’, ‘‘Nonproliferation, Anti-terrorism, 26, 1979, Israel incurred severe economic bur- a period in excess of one calendar year in pay- Demining and Related Programs’’, ‘‘Export-Im- dens. Furthermore, the Congress recognizes that ment to the United States of principal or interest port Bank of the United States’’, ‘‘Foreign Mili- an economically and militarily secure Israel on any loan made to such country by the United tary Financing Program’’, ‘‘International mili- serves the security interests of the United States, States pursuant to a program for which funds tary education and training’’, ‘‘Peace Corps’’, for a secure Israel is an Israel which has the in- are appropriated under this Act: Provided, That ‘‘Migration and refugee assistance’’, and for the centive and confidence to continue pursuing the this section and section 620(q) of the Foreign As- ‘‘Inter-American Foundation’’ and the ‘‘African peace process. Therefore, the Congress declares sistance Act of 1961 shall not apply to funds Development Foundation’’, shall be available that, subject to the availability of appropria- made available in this Act or during the current for obligation for activities, programs, projects, tions, it is the policy and the intention of the fiscal year for Nicaragua, and for any narcot- type of materiel assistance, countries, or other United States that the funds provided in annual ics-related assistance for Colombia, Bolivia, and operations not justified or in excess of the appropriations for the Economic Support Fund Peru authorized by the Foreign Assistance Act amount justified to the Appropriations Commit- which are allocated to Israel shall not be less of 1961 or the Arms Export Control Act. tees for obligation under any of these specific than the annual debt repayment (interest and COMMERCE AND TRADE headings unless the Appropriations Committees principal) from Israel to the United States Gov- SEC. 513. (a) None of the funds appropriated of both Houses of Congress are previously noti- ernment in recognition that such a principle or made available pursuant to this Act for direct fied fifteen days in advance: Provided, That the serves United States interests in the region. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8953

PROHIBITION ON FUNDING FOR ABORTIONS AND agencies, agencies of State governments, institu- procedures of the Committees on Appropriations, INVOLUNTARY STERILIZATION tions of higher learning, and private and vol- the authority of section 23(a) of the Arms Export SEC. 518. None of the funds made available to untary organizations for the full cost of individ- Control Act may be used to provide financing to carry out part I of the Foreign Assistance Act of uals (including for the personal services of such Israel, Egypt and NATO and major non-NATO 1961, as amended, may be used to pay for the individuals) detailed or assigned to, or con- allies for the procurement by leasing (including performance of abortions as a method of family tracted by, as the case may be, the Agency for leasing with an option to purchase) of defense planning or to motivate or coerce any person to International Development for the purpose of articles from United States commercial suppliers, practice abortions. None of the funds made carrying out family planning activities, child not including Major Defense Equipment (other available to carry out part I of the Foreign As- survival activities and activities relating to re- than helicopters and other types of aircraft hav- sistance Act of 1961, as amended, may be used to search on, and the treatment and control of, ac- ing possible civilian application), if the Presi- pay for the performance of involuntary steriliza- quired immune deficiency syndrome in develop- dent determines that there are compelling for- tion as a method of family planning or to coerce ing countries: Provided, That funds appro- eign policy or national security reasons for or provide any financial incentive to any person priated by this Act that are made available for those defense articles being provided by commer- to undergo sterilizations. None of the funds child survival activities or activities relating to cial lease rather than by government-to-govern- made available to carry out part I of the For- research on, and the treatment and control of, ment sale under such Act. eign Assistance Act of 1961, as amended, may be acquired immune deficiency syndrome may be COMPETITIVE INSURANCE used to pay for any biomedical research which made available notwithstanding any provision SEC. 530. All Agency for International Devel- relates in whole or in part, to methods of, or the of law that restricts assistance to foreign coun- opment contracts and solicitations, and sub- performance of, abortions or involuntary steri- tries: Provided further, That funds appropriated contracts entered into under such contracts, lization as a means of family planning. None of by this Act that are made available for family shall include a clause requiring that United the funds made available to carry out part I of planning activities may be made available not- States insurance companies have a fair oppor- the Foreign Assistance Act of 1961, as amended, withstanding section 512 of this Act and section tunity to bid for insurance when such insurance may be obligated or expended for any country or 620(q) of the Foreign Assistance Act of 1961. is necessary or appropriate. organization if the President certifies that the PROHIBITION AGAINST INDIRECT FUNDING TO STINGERS IN THE PERSIAN GULF REGION use of these funds by any such country or orga- CERTAIN COUNTRIES SEC. 531. Except as provided in section 581 of nization would violate any of the above provi- SEC. 524. None of the funds appropriated or the Foreign Operations, Export Financing, and sions related to abortions and involuntary steri- otherwise made available pursuant to this Act Related Programs Appropriations Act, 1990, the lizations: Provided, That none of the funds shall be obligated to finance indirectly any as- United States may not sell or otherwise make made available under this Act may be used to sistance or reparations to Cuba, Iraq, Libya, available any Stingers to any country bordering lobby for or against abortion. Iran, Syria, North Korea, or the People’s Re- the Persian Gulf under the Arms Export Control public of China, unless the President of the Act or chapter 2 of part II of the Foreign Assist- POPULATION PLANNING ASSISTANCE LIMITATIONS United States certifies that the withholding of ance Act of 1961. SEC. 519. (a) PROHIBITION ON ABORTION FUND- these funds is contrary to the national interest DEBT-FOR-DEVELOPMENT ING.—None of the funds made available under of the United States. SEC. 532. In order to enhance the continued this Act may be used to pay for the performance RECIPROCAL LEASING participation of nongovernmental organizations of abortion as a method of family planning, or SEC. 525. Section 61(a) of the Arms Export in economic assistance activities under the For- to coerce or motivate any person to practice Control Act is amended by striking out ‘‘1996’’ eign Assistance Act of 1961, including endow- abortions. and inserting in lieu thereof ‘‘1997’’. ments, debt-for-development and debt-for-nature (b) PROHIBITION ON ABORTION LOBBYING.— NOTIFICATION ON EXCESS DEFENSE EQUIPMENT exchanges, a nongovernmental organization None of the funds made available under this Act SEC. 526. Prior to providing excess Department which is a grantee or contractor of the Agency may be used to lobby for or against abortion. of Defense articles in accordance with section for International Development may place in in- (c) ELIGIBILITY.—In determining eligibility for 516(a) of the Foreign Assistance Act of 1961, the terest bearing accounts funds made available assistance from funds appropriated to carry out Department of Defense shall notify the Commit- under this Act or prior Acts or local currencies section 104 of the Foreign Assistance Act of 1961, tees on Appropriations to the same extent and which accrue to that organization as a result of nongovernmental and multilateral organizations under the same conditions as are other commit- economic assistance provided under title II of shall not be subjected to requirements more re- tees pursuant to subsection (c) of that section: this Act and any interest earned on such invest- strictive than the requirements applicable to for- Provided, That before issuing a letter of offer to ment may be used for the purpose for which the eign governments for such assistance. sell excess defense articles under the Arms Ex- assistance was provided to that organization. REPORTING REQUIREMENT port Control Act, the Department of Defense COMPETITIVE PRICING FOR SALES OF DEFENSE SEC. 520. The President shall submit to the shall notify the Committees on Appropriations ARTICLES Committees on Appropriations the reports re- in accordance with the regular notification pro- SEC. 533. Direct costs associated with meeting quired by section 25(a)(1) of the Arms Export cedures of such Committees: Provided further, a foreign customer’s additional or unique re- Control Act. That such Committees shall also be informed of quirements will continue to be allowable under SPECIAL NOTIFICATION REQUIREMENTS the original acquisition cost of such defense ar- contracts under section 22(d) of the Arms Export SEC. 521. None of the funds appropriated in ticles. Control Act. Loadings applicable to such direct this Act shall be obligated or expended for Co- AUTHORIZATION REQUIREMENT costs shall be permitted at the same rates appli- lombia, Guatemala, Haiti, Liberia, Pakistan, SEC. 527. Funds appropriated by this Act may cable to procurement of like items purchased by Sudan, or Zaire except as provided through the be obligated and expended notwithstanding sec- the Department of Defense for its own use. regular notification procedures of the Commit- tion 10 of Public Law 91–672 and section 15 of SEPARATE ACCOUNTS tees on Appropriations. the State Department Basic Authorities Act of SEC. 534. (a) SEPARATE ACCOUNTS FOR LOCAL DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 1956. CURRENCIES.—(1) If assistance is furnished to PROHIBITION ON BILATERAL ASSISTANCE TO SEC. 522. For the purpose of this Act, ‘‘pro- the government of a foreign country under gram, project, and activity’’ shall be defined at TERRORIST COUNTRIES chapters 1 and 10 of part I or chapter 4 of part the Appropriations Act account level and shall SEC. 528. (a) Notwithstanding any other provi- II of the Foreign Assistance Act of 1961 under include all Appropriations and Authorizations sion of law, funds appropriated for bilateral as- agreements which result in the generation of sistance under any heading of this Act and Acts earmarks, ceilings, and limitations with the local currencies of that country, the Adminis- funds appropriated under any such heading in exception that for the following accounts: Eco- trator of the Agency for International Develop- a provision of law enacted prior to enactment of nomic Support Fund and Foreign Military Fi- ment shall— this Act, shall not be made available to any nancing Program, ‘‘program, project, and activ- (A) require that local currencies be deposited country which the President determines— in a separate account established by that gov- ity’’ shall also be considered to include country, (1) grants sanctuary from prosecution to any regional, and central program level funding ernment; individual or group which has committed an act (B) enter into an agreement with that govern- within each such account; for the development of international terrorism, or assistance accounts of the Agency for Inter- ment which sets forth— (2) otherwise supports international terrorism. (i) the amount of the local currencies to be national Development ‘‘program, project, and (b) The President may waive the application generated, and activity’’ shall also be considered to include of subsection (a) to a country if the President (ii) the terms and conditions under which the central program level funding, either as (1) jus- determines that national security or humani- currencies so deposited may be utilized, consist- tified to the Congress, or (2) allocated by the ex- tarian reasons justify such waiver. The Presi- ent with this section; and ecutive branch in accordance with a report, to dent shall publish each waiver in the Federal (C) establish by agreement with that govern- be provided to the Committees on Appropria- Register and, at least fifteen days before the ment the responsibilities of the Agency for Inter- tions within thirty days of enactment of this waiver takes effect, shall notify the Committees national Development and that government to Act, as required by section 653(a) of the Foreign on Appropriations of the waiver (including the monitor and account for deposits into and dis- Assistance Act of 1961. justification for the waiver) in accordance with bursements from the separate account. CHILD SURVIVAL AND AIDS ACTIVITIES the regular notification procedures of the Com- (2) USES OF LOCAL CURRENCIES.—As may be SEC. 523. Up to $8,000,000 of the funds made mittees on Appropriations. agreed upon with the foreign government, local available by this Act for assistance for family COMMERCIAL LEASING OF DEFENSE ARTICLES currencies deposited in a separate account pur- planning, health, child survival, and AIDS, may SEC. 529. Notwithstanding any other provision suant to subsection (a), or an equivalent be used to reimburse United States Government of law, and subject to the regular notification amount of local currencies, shall be used only— S8954 CONGRESSIONAL RECORD — SENATE July 26, 1996 (A) to carry out chapters 1 or 10 of part I or national Bank for Reconstruction and Develop- cess defense articles under those sections during chapter 4 of part II (as the case may be), for ment, the Inter-American Development Bank, the four year period that began on October 1, such purposes as— the Asian Development Bank, the Asian Devel- 1992, pursuant to section 573(e) of the Foreign (i) project and sector assistance activities, or opment Fund, the African Development Bank, Operations, Export Financing, Related Pro- (ii) debt and deficit financing; or the African Development Fund, the Inter- grams Appropriations Act, 1990. (B) for the administrative requirements of the national Monetary Fund, the North American CASH FLOW FINANCING United States Government. Development Bank, and the European Bank for SEC. 539. For each country that has been ap- (3) PROGRAMMING ACCOUNTABILITY.—The Reconstruction and Development. proved for cash flow financing (as defined in Agency for International Development shall COMPLIANCE WITH UNITED NATIONS SANCTIONS section 25(d) of the Arms Export Control Act, as take all appropriate steps to ensure that the AGAINST IRAQ added by section 112(b) of Public Law 99–83) equivalent of the local currencies disbursed pur- SEC. 536. (a) DENIAL OF ASSISTANCE.—None of under the Foreign Military Financing Program, suant to subsection (a)(2)(A) from the separate the funds appropriated or otherwise made avail- any Letter of Offer and Acceptance or other account established pursuant to subsection able pursuant to this Act to carry out the For- purchase agreement, or any amendment thereto, (a)(1) are used for the purposes agreed upon eign Assistance Act of 1961 (including title IV of for a procurement in excess of $100,000,000 that pursuant to subsection (a)(2). chapter 2 of part I, relating to the Overseas Pri- is to be financed in whole or in part with funds (4) TERMINATION OF ASSISTANCE PROGRAMS.— vate Investment Corporation) or the Arms Ex- made available under this Act shall be submitted Upon termination of assistance to a country port Control Act may be used to provide assist- through the regular notification procedures to under chapters 1 or 10 of part I or chapter 4 of ance to any country that is not in compliance the Committees on Appropriations. part II (as the case may be), any unencumbered with the United Nations Security Council sanc- AUTHORITIES FOR THE PEACE CORPS, THE INTER- balances of funds which remain in a separate tions against Iraq, Serbia or Montenegro unless AMERICAN FOUNDATION AND THE AFRICAN DE- account established pursuant to subsection (a) the President determines and so certifies to the VELOPMENT FOUNDATION shall be disposed of for such purposes as may be Congress that— SEC. 540. Unless expressly provided to the con- agreed to by the government of that country (1) such assistance is in the national interest trary, provisions of this or any other Act, in- and the United States Government. of the United States; cluding provisions contained in prior Acts au- (5) CONFORMING AMENDMENTS.—The provi- (2) such assistance will directly benefit the thorizing or making appropriations for foreign sions of this subsection shall supersede the tenth needy people in that country; or operations, export financing, and related pro- and eleventh provisos contained under the (3) the assistance to be provided will be hu- grams, shall not be construed to prohibit activi- heading ‘‘Sub-Saharan Africa, Development As- manitarian assistance for foreign nationals who ties authorized by or conducted under the Peace sistance’’ as included in the Foreign Operations, have fled Iraq and Kuwait. Corps Act, the Inter-American Foundation Act, Export Financing, and Related Programs Ap- (b) IMPORT SANCTIONS.—If the President con- or the African Development Foundation Act. propriations Act, 1989 and sections 531(d) and siders that the taking of such action would pro- The appropriate agency shall promptly report to 609 of the Foreign Assistance Act of 1961. mote the effectiveness of the economic sanctions the Committees on Appropriations whenever it is (b) SEPARATE ACCOUNTS FOR CASH TRANS- of the United Nations and the United States im- conducting activities or is proposing to conduct FERS.—(1) If assistance is made available to the posed with respect to Iraq, Serbia, or activities in a country for which assistance is government of a foreign country, under chapters Montenegro, as the case may be, and is consist- prohibited. 1 or 10 of part I or chapter 4 of part II of the ent with the national interest, the President IMPACT ON JOBS IN THE UNITED STATES Foreign Assistance Act of 1961, as cash transfer may prohibit, for such a period of time as he SEC. 541. None of the funds appropriated by assistance or as nonproject sector assistance, considers appropriate, the importation into the this Act may be obligated or expended to pro- that country shall be required to maintain such United States of any or all products of any for- vide— funds in a separate account and not commingle eign country that has not prohibited— (a) any financial incentive to a business en- them with any other funds. (1) the importation of products of Iraq, Serbia, terprise currently located in the United States (2) APPLICABILITY OF OTHER PROVISIONS OF or Montenegro into its customs territory, and for the purpose of inducing such an enterprise LAW.—Such funds may be obligated and ex- (2) the export of its products to Iraq, Serbia, to relocate outside the United States if such in- pended notwithstanding provisions of law or Montenegro, as the case may be. centive or inducement is likely to reduce the which are inconsistent with the nature of this POW/MIA MILITARY DRAWDOWN number of employees of such business enterprise assistance including provisions which are ref- SEC. 537. (a) Notwithstanding any other provi- in the United States because United States pro- erenced in the Joint Explanatory Statement of sion of law, the President may direct the duction is being replaced by such enterprise out- the Committee of Conference accompanying drawdown, without reimbursement by the recip- side the United States; House Joint Resolution 648 (H. Report No. 98– ient, of defense articles from the stocks of the (b) assistance for the purpose of establishing 1159). Department of Defense, defense services of the or developing in a foreign country any export (3) NOTIFICATION.—At least fifteen days prior Department of Defense, and military education processing zone or designated area in which the to obligating any such cash transfer or non- and training, of an aggregate value not to ex- tax, tariff, labor, environment, and safety laws project sector assistance, the President shall ceed $15,000,000 in fiscal year 1997, as may be of that country do not apply, in part or in submit a notification through the regular notifi- necessary to carry out subsection (b). whole, to activities carried out within that zone cation procedures of the Committees on Appro- (b) Such defense articles, services and training or area, unless the President determines and priations, which shall include a detailed de- may be provided to Vietnam, Cambodia and certifies that such assistance is not likely to scription of how the funds proposed to be made Laos, under subsection (a) as the President de- cause a loss of jobs within the United States; or available will be used, with a discussion of the termines are necessary to support efforts to lo- (c) assistance for any project or activity that United States interests that will be served by the cate and repatriate members of the United contributes to the violation of internationally assistance (including, as appropriate, a descrip- States Armed Forces and civilians employed di- recognized workers rights, as defined in section tion of the economic policy reforms that will be rectly or indirectly by the United States Govern- 502(a)(4) of the Trade Act of 1974, of workers in promoted by such assistance). ment who remain unaccounted for from the the recipient country, including any designated (4) EXEMPTION.—Nonproject sector assistance Vietnam War, and to ensure the safety of Unit- zone or area in that country: Provided, That in funds may be exempt from the requirements of ed States Government personnel engaged in recognition that the application of this sub- subsection (b)(1) only through the notification such cooperative efforts and to support United section should be commensurate with the level procedures of the Committees on Appropriations. States Department of Defense-sponsored human- of development of the recipient country and sec- COMPENSATION FOR UNITED STATES EXECUTIVE itarian projects associated with the POW/MIA tor, the provisions of this subsection shall not DIRECTORS TO INTERNATIONAL FINANCIAL INSTI- efforts. Any aircraft shall be provided under preclude assistance for the informal sector in TUTIONS this section only to Laos and only on a lease or such country, micro and small-scale enterprise, SEC. 535. (a) No funds appropriated by this loan basis, but may be provided at no cost not- and smallholder agriculture. Act may be made as payment to any inter- withstanding section 61 of the Arms Export Con- AUTHORITY TO ASSIST BOSNIA AND HERZEGOVINA national financial institution while the United trol Act and may be maintained with defense ar- SEC. 542. (a) The President is authorized to di- States Executive Director to such institution is ticles, services and training provided under this rect the transfer, subject to prior notification of compensated by the institution at a rate which, section. the Committees on Appropriations, to the gov- together with whatever compensation such Di- (c) The President shall, within sixty days of ernment of Bosnia and Herzegovina, without re- rector receives from the United States, is in ex- the end of any fiscal year in which the author- imbursement, of defense articles from the stocks cess of the rate provided for an individual occu- ity of subsection (a) is exercised, submit a report of the Department of Defense and defense serv- pying a position at level IV of the Executive to the Congress which identifies the articles, ices of the Department of Defense of an aggre- Schedule under section 5315 of title 5, United services, and training drawn down under this gate value of not to exceed $100,000,000 in fiscal States Code, or while any alternate United section. years 1996 and 1997: Provided, That the Presi- States Director to such institution is com- MEDITERRANEAN EXCESS DEFENSE ARTICLES dent certifies in a timely fashion to the Congress pensated by the institution at a rate in excess of SEC. 538. For the four year period beginning that the transfer of such articles would assist the rate provided for an individual occupying a on October 1, 1996, the President shall ensure that nation in self-defense and thereby promote position at level V of the Executive Schedule that excess defense articles will be made avail- the security and stability of the region. under section 5316 of title 5, United States Code. able under section 516 and 519 of the Foreign (b) Within 60 days of any transfer under the (b) For purposes of this section, ‘‘inter- Assistance Act of 1961 consistent with the man- authority provided in subsection (a), and every national financial institutions’’ are: the Inter- ner in which the President made available ex- 60 days thereafter, the President shall report in July 26, 1996 CONGRESSIONAL RECORD — SENATE S8955 writing to the Speaker of the House of Rep- vided, That such assistance shall be subject to to be provided, and the reasons for furnishing resentatives and the President pro tempore of sections 116, 502B, and 620A of the Foreign As- such assistance: Provided further, That nothing the Senate concerning the articles transferred sistance Act of 1961. in this subsection shall be construed to alter any and the disposition thereof. (c) During fiscal year 1997, the President may existing statutory prohibitions against abortion (c) There are authorized to be appropriated to use up to $40,000,000 under the authority of sec- or involuntary sterilizations contained in this or the President such sums as may be necessary to tion 451 of the Foreign Assistance Act of 1961, any other Act. reimburse the applicable appropriation, fund, or notwithstanding the funding ceiling contained (b) PUBLIC LAW 480.—During fiscal year 1997, account for defense articles provided under this in subsection (a) of that section. restrictions contained in this or any other Act section. (d) The Agency for International Development with respect to assistance for a country shall RESTRICTIONS ON THE TERMINATION OF may employ personal services contractors, not- not be construed to restrict assistance under the SANCTIONS AGAINST SERBIA AND MONTENEGRO withstanding any other provision of law, for the Agricultural Trade Development and Assistance SEC. 543. (a) RESTRICTIONS.—Notwithstanding purpose of administering programs for the West Act of 1954: Provided, That none of the funds any other provision of law, no sanction, prohi- Bank and Gaza. appropriated to carry out title I of such Act and bition, or requirement described in section 1511 POLICY ON TERMINATING THE ARAB LEAGUE made available pursuant to this subsection may of the National Defense Authorization Act for BOYCOTT OF ISRAEL be obligated or expended except as provided Fiscal Year 1994 (Public Law 103–160), with re- SEC. 545. It is the sense of the Congress that— through the regular notification procedures of spect to Serbia or Montenegro, may cease to be (1) the Arab League countries should imme- the Committees on Appropriations. effective, unless— diately and publicly renounce the primary boy- (c) EXCEPTION.—This section shall not (1) the President first submits to the Congress cott of Israel and the secondary and tertiary apply— a certification described in subsection (b); and boycott of American firms that have commercial (1) with respect to section 620A of the Foreign (2) the requirements of section 1511 of that Act ties with Israel; and Assistance Act or any comparable provision of are met. (2) the President should— law prohibiting assistance to countries that sup- (b) CERTIFICATION.—A certification described (A) take more concrete steps to encourage vig- port international terrorism; or in this subsection is a certification that— orously Arab League countries to renounce pub- (2) with respect to section 116 of the Foreign (1) there is substantial progress toward— licly the primary boycotts of Israel and the sec- Assistance Act of 1961 or any comparable provi- (A) the realization of a separate identity for ondary and tertiary boycotts of American firms sion of law prohibiting assistance to countries Kosova and the right of the people of Kosova to that have commercial relations with Israel as a that violate internationally recognized human govern themselves; or confidence-building measure; rights. (B) the creation of an international protector- (B) take into consideration the participation EARMARKS ate for Kosova; of any recipient country in the primary boycott SEC. 548. (a) Funds appropriated by this Act (2) there is substantial improvement in the of Israel and the secondary and tertiary boy- which are earmarked may be reprogrammed for human rights situation in Kosova; cotts of American firms that have commercial re- other programs within the same account not- (3) international human rights observers are lations with Israel when determining whether to withstanding the earmark if compliance with allowed to return to Kosova; and sell weapons to said country; the earmark is made impossible by operation of (4) the elected government of Kosova is per- (C) report to Congress on the specific steps any provision of this or any other Act or, with mitted to meet and carry out its legitimate man- being taken by the President to bring about a respect to a country with which the United date as elected representatives of the people of public renunciation of the Arab primary boycott States has an agreement providing the United Kosova. of Israel and the secondary and tertiary boy- States with base rights or base access in that (c) WAIVER AUTHORITY.—The President may cotts of American firms that have commercial re- country, if the President determines that the re- waive the application in whole or in part, of lations with Israel; and cipient for which funds are earmarked has sig- subsection (a) if the President certifies to the (D) encourage the allies and trading partners nificantly reduced its military or economic co- Congress that the President has determined that of the United States to enact laws prohibiting operation with the United States since enact- the waiver is necessary to meet emergency hu- businesses from complying with the boycott and ment of the Foreign Operations, Export Financ- manitarian needs or to achieve a negotiated set- penalizing businesses that do comply. ing, and Related Programs Appropriations Act, tlement of the conflict in Bosnia-Herzegovina ANTI-NARCOTICS ACTIVITIES 1991; however, before exercising the authority of that is acceptable to the parties. SEC. 546. (a) Of the funds appropriated or oth- this subsection with regard to a base rights or SPECIAL AUTHORITIES erwise made available by this Act for ‘‘Economic base access country which has significantly re- SEC. 544. (a) Funds appropriated in title II of Support Fund’’, assistance may be provided to duced its military or economic cooperation with this Act that are made available for Afghani- strengthen the administration of justice in coun- the United States, the President shall consult stan, Lebanon, and Cambodia, and for victims tries in Latin America and the Caribbean in ac- with, and shall provide a written policy jus- of war, displaced children, displaced Burmese, cordance with the provisions of section 534 of tification to the Committees on Appropriations: humanitarian assistance for Romania, and hu- the Foreign Assistance Act of 1961, except that Provided, That any such reprogramming shall manitarian assistance for the peoples of Bosnia programs to enhance protection of participants be subject to the regular notification procedures and Herzegovina, Croatia, and Kosova, may be in judicial cases may be conducted notwith- of the Committees on Appropriations: Provided made available notwithstanding any other pro- standing section 660 of that Act. further, That assistance that is reprogrammed vision of law: Provided, That any such funds (b) Funds made available pursuant to this sec- pursuant to this subsection shall be made avail- that are made available for Cambodia shall be tion may be made available notwithstanding the able under the same terms and conditions as subject to the provisions of section 531(e) of the third sentence of section 534(e) of the Foreign originally provided. Foreign Assistance Act of 1961 and section 906 of Assistance Act of 1961. Funds made available (b) In addition to the authority contained in the International Security and Development Co- pursuant to subsection (a) for Bolivia, Colombia subsection (a), the original period of availability operation Act of 1985: Provided further, That and Peru may be made available notwithstand- of funds appropriated by this Act and adminis- none of the funds appropriated by this Act may ing section 534(c) and the second sentence of tered by the Agency for International Develop- be made available, and funds previously obli- section 534(e) of the Foreign Assistance Act of ment that are earmarked for particular pro- gated may not be expended, for assistance for 1961. grams or activities by this or any other Act shall any country or organization that the Secretary ELIGIBILITY FOR ASSISTANCE be extended for an additional fiscal year if the of State determines is cooperating, tactically or SEC. 547. (a) ASSISTANCE THROUGH NON- Administrator of such agency determines and strategically, with the Khmer Rouge in their GOVERNMENTAL ORGANIZATIONS.—Restrictions reports promptly to the Committees on Appro- military operations, or to the military of any contained in this or any other Act with respect priations that the termination of assistance to a country that is not acting vigorously to prevent to assistance for a country shall not be con- country or a significant change in cir- its members from facilitating the export of timber strued to restrict assistance in support of pro- cumstances makes it unlikely that such ear- from Cambodia by the Khmer Rouge: Provided grams of nongovernmental organizations from marked funds can be obligated during the origi- further, That the Secretary of State shall submit funds appropriated by this Act to carry out the nal period of availability: Provided, That such reports to the Committees on Appropriations on provisions of chapters 1 and 10 of part I of the earmarked funds that are continued available February 15, 1997 and September 15, 1997, on Foreign Assistance Act of 1961: Provided, That for an additional fiscal year shall be obligated whether there are any countries, organizations, the President shall take into consideration, in only for the purpose of such earmark. or militaries for which assistance is prohibited any case in which a restriction on assistance CEILINGS AND EARMARKS under the previous proviso, the basis for such would be applicable but for this subsection, SEC. 549. Ceilings and earmarks contained in conclusions and, if appropriate, the steps being whether assistance in support of programs of this Act shall not be applicable to funds or au- taken to terminate assistance. nongovernmental organizations is in the na- thorities appropriated or otherwise made avail- (b) Funds appropriated by this Act to carry tional interest of the United States: Provided able by any subsequent Act unless such Act spe- out the provisions of sections 103 through 106 of further, That before using the authority of this cifically so directs. the Foreign Assistance Act of 1961 may be used, subsection to furnish assistance in support of EXCESS DEFENSE ARTICLES notwithstanding any other provision of law, for programs of nongovernmental organizations, the SEC. 550. (a) During fiscal year 1997, the au- the purpose of supporting tropical forestry and President shall notify the Committees on Appro- thority of section 519 of the Foreign Assistance energy programs aimed at reducing emissions of priations under the regular notification proce- Act of 1961, as amended, may be used to provide greenhouse gases, and for the purpose of sup- dures of those committees, including a descrip- nonlethal excess defense articles to countries for porting biodiversity conservation activities: Pro- tion of the program to be assisted, the assistance which United States foreign assistance has been S8956 CONGRESSIONAL RECORD — SENATE July 26, 1996 requested and for which receipt of such articles (c) Whenever the waiver of subsection (b) is States Government is taking to collect informa- was separately justified for the fiscal year, exercised, the President shall submit to the ap- tion and intelligence regarding allegations of without regard to the restrictions in subsection propriate congressional committees a report with genocide or other violations of international law (a) of section 519. respect to the furnishing of such assistance. in the former Yugoslavia and to furnish that in- (b) During fiscal year 1997, the authority of Any such report shall include a detailed expla- formation to the United Nations War Crimes section 516 of the Foreign Assistance Act of 1961, nation of the assistance to be provided, includ- Tribunal for the former Yugoslavia. as amended, may be used to provide defense ar- ing the estimated dollar amount of such assist- TRANSPORTATION OF EXCESS DEFENSE ARTICLES ticles to Jordan, Tunisia, Estonia, Latvia, Lith- ance, and an explanation of how the assistance SEC. 561. Notwithstanding section 519(f) of the uania, and to countries eligible to participate in furthers United States national interests. Foreign Assistance Act of 1961, during fiscal the Partnership for Peace and to receive assist- WITHHOLDING OF ASSISTANCE FOR PARKING FINES year 1997, funds available to the Department of ance under Public Law 101–179: Provided, That OWED BY FOREIGN COUNTRIES Defense may be expended for crating, packing, not later than May 1, 1997, the Secretary of SEC. 557. (a) IN GENERAL.—Of the funds made handling and transportation of excess defense State shall submit a report to the Committees on available for a foreign country under part I of articles transferred under the authority of sec- Appropriations describing actions by the Gov- the Foreign Assistance Act of 1961, an amount tions 516 and 519 to countries eligible to partici- ernment of Tunisia during the previous six equivalent to 110 percent of the total unpaid pate in the Partnership for Peace and to receive months to improve respect for civil liberties and fully adjudicated parking fines and penalties assistance under Public Law 101–179. promote the independence of the judiciary. owed to the District of Columbia by such coun- LANDMINES (c) Section 516(f) of the Foreign Assistance Act try as of the date of enactment of this Act shall SEC. 562. Notwithstanding any other provision of 1961, as amended, is repealed. be withheld from obligation for such country (d) Section 31(d) of the Arms Export Control of law, demining equipment available to any de- until the Secretary of State certifies and reports partment or agency and used in support of the Act is amended by deleting the words ‘‘or pursu- in writing to the appropriate congressional com- ant to sales under this Act’’. clearing of landmines and unexploded ordnance mittees that such fines and penalties are fully for humanitarian purposes may be disposed of PROHIBITION ON PUBLICITY OR PROPAGANDA paid to the government of the District of Colum- on a grant basis in foreign countries, subject to SEC. 551. No part of any appropriation con- bia. such terms and conditions as the President may (b) DEFINITION.—For purposes of this section, tained in this Act shall be used for publicity or prescribe: Provided, That section 1365(c) of the the term ‘‘appropriate congressional commit- propaganda purposes within the United States National Defense Authorization Act for Fiscal tees’’ means the Committee on Foreign Relations not authorized before the date of enactment of Year 1993 (Public Law 102–484; 22 U.S.C., 2778 and the Committee on Appropriations of the this Act by the Congress: Provided, That not to note) is amended by striking out ‘‘During the Senate and the Committee on International Re- exceed $750,000 may be made available to carry five-year period beginning on October 23, 1992’’ lations and the Committee on Appropriations of out the provisions of section 316 of Public Law and inserting in lieu thereof ‘‘During the eight- the House of Representatives. 96–533. year period beginning on October 23, 1992’’. USE OF AMERICAN RESOURCES LIMITATION ON ASSISTANCE FOR THE PLO FOR THE RESTRICTIONS CONCERNING THE PALESTINIAN WEST BANK AND GAZA SEC. 552. To the maximum extent possible, as- AUTHORITY sistance provided under this Act should make SEC. 558. None of the funds appropriated by this Act may be obligated for assistance for the SEC. 563. None of the funds appropriated by full use of American resources, including com- this Act may be obligated or expended to create modities, products, and services. Palestine Liberation Organization for the West Bank and Gaza unless the President has exer- in any part of Jerusalem a new office of any de- PROHIBITION OF PAYMENTS TO UNITED NATIONS cised the authority under section 604(a) of the partment or agency of the United States Govern- MEMBERS Middle East Peace Facilitation Act of 1995 (title ment for the purpose of conducting official SEC. 553. None of the funds appropriated or VI of Public Law 104–107) or any other legisla- United States Government business with the made available pursuant to this Act for carrying tion to suspend or make inapplicable section 307 Palestinian Authority over Gaza and Jericho or out the Foreign Assistance Act of 1961, may be of the Foreign Assistance Act of 1961 and that any successor Palestinian governing entity pro- used to pay in whole or in part any assessments, suspension is still in effect: Provided, That if vided for in the Israel-PLO Declaration of Prin- arrearages, or dues of any member of the United the President fails to make the certification ciples: Provided, That this restriction shall not Nations. under section 604(b)(2) of the Middle East Peace apply to the acquisition of additional space for CONSULTING SERVICES Facilitation Act of 1995 or to suspend the prohi- the existing Consulate General in Jerusalem: SEC. 554. The expenditure of any appropria- bition under other legislation, funds appro- Provided further, That meetings between offi- tion under this Act for any consulting service priated by this Act may not be obligated for as- cers and employees of the United States and of- through procurement contract, pursuant to sec- sistance for the Palestine Liberation Organiza- ficials of the Palestinian Authority, or any suc- tion 3109 of title 5, United States Code, shall be tion for the West Bank and Gaza. cessor Palestinian governing entity provided for limited to those contracts where such expendi- EXPORT FINANCING TRANSFER AUTHORITIES in the Israel-PLO Declaration of Principles, for the purpose of conducting official United States tures are a matter of public record and available SEC. 559. Not to exceed 5 percent of any ap- for public inspection, except where otherwise propriation other than for administrative ex- Government business with such authority provided under existing law, or under existing penses made available for fiscal year 1997 for should continue to take place in locations other Executive order pursuant to existing law. programs under title I of this Act may be trans- than Jerusalem. As has been true in the past, of- PRIVATE VOLUNTARY ORGANIZATIONS— ferred between such appropriations for use for ficers and employees of the United States Gov- DOCUMENTATION any of the purposes, programs and activities for ernment may continue to meet in Jerusalem on SEC. 555. None of the funds appropriated or which the funds in such receiving account may other subjects with Palestinians (including made available pursuant to this Act shall be be used, but no such appropriation, except as those who now occupy positions in the Palestin- available to a private voluntary organization otherwise specifically provided, shall be in- ian Authority), have social contacts, and have which fails to provide upon timely request any creased by more than 25 percent by any such incidental discussions. document, file, or record necessary to the audit- transfer: Provided, That the exercise of such au- PROHIBITION OF PAYMENT OF CERTAIN EXPENSES ing requirements of the Agency for Inter- thority shall be subject to the regular notifica- SEC. 564. None of the funds appropriated or national Development. tion procedures of the Committees on Appropria- otherwise made available by this Act under the PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN- tions. heading ‘‘INTERNATIONAL MILITARY EDUCATION MENTS THAT EXPORT LETHAL MILITARY EQUIP- WAR CRIMES TRIBUNALS AND TRAINING’’ or ‘‘FOREIGN MILITARY FINANCING MENT TO COUNTRIES SUPPORTING INTER- SEC. 560. If the President determines that PROGRAM’’ for Informational Program activities NATIONAL TERRORISM doing so will contribute to a just resolution of may be obligated or expended to pay for— SEC. 556. (a) None of the funds appropriated charges regarding genocide or other violations (1) alcoholic beverages; or otherwise made available by this Act may be of international humanitarian law, the author- (2) food (other than food provided at a mili- available to any foreign government which pro- ity of section 552(c) of the Foreign Assistance tary installation) not provided in conjunction vides lethal military equipment to a country the Act of 1961, as amended, may be used to provide with Informational Program trips where stu- government of which the Secretary of State has up to $25,000,000 of commodities and services for dents do not stay at a military installation; or determined is a terrorist government for pur- the United Nations War Crimes Tribunal estab- (3) entertainment expenses for activities that poses of section 40(d) of the Arms Export Con- lished with regard to the former Yugoslavia by are substantially of a recreational character, in- trol Act. The prohibition under this section with the United Nations Security Council or such cluding entrance fees at sporting events and respect to a foreign government shall terminate other tribunals or commissions as the Council amusement parks. 12 months after that government ceases to pro- may establish to deal with such violations, with- HUMANITARIAN ASSISTANCE vide such military equipment. This section ap- out regard to the ceiling limitation contained in SEC. 565. The Foreign Assistance Act of 1961 is plies with respect to lethal military equipment paragraph (2) thereof: Provided, That the deter- amended by adding immediately after section provided under a contract entered into after the mination required under this section shall be in 620H the following new section: date of enactment of this Act. lieu of any determinations otherwise required ‘‘SEC. 620I. PROHIBITION ON ASSISTANCE TO (b) Assistance restricted by subsection (a) or under section 552(c): Provided further, That 60 COUNTRIES THAT RESTRICT UNITED STATES HU- any other similar provision of law, may be fur- days after the date of enactment of this Act, MANITARIAN ASSISTANCE.— nished if the President determines that furnish- and every 180 days thereafter, the Secretary of ‘‘(a) IN GENERAL.—No assistance shall be fur- ing such assistance is important to the national State shall submit a report to the Committees on nished under this Act or the Arms Export Con- interests of the United States. Appropriations describing the steps the United trol Act to any country when it is made known July 26, 1996 CONGRESSIONAL RECORD — SENATE S8957

to the President that the government of such (d) PRESIDENTIAL REPORTS.—Every six months SPECIAL DEBT RELIEF FOR THE POOREST country prohibits or otherwise restricts, directly following the enactment of this Act, the Presi- SEC. 570. (a) AUTHORITY TO REDUCE DEBT.— or indirectly, the transport or delivery of United dent shall report to the Chairmen of the Com- The President may reduce amounts owed to the States humanitarian assistance. mittee on Foreign Relations, the Committee on United States (or any agency of the United ‘‘(b) EXCEPTION.—Assistance may be fur- International Relations and the House and Sen- States) by an eligible country as a result of— nished without regard to the restriction in sub- ate Appropriations Committees on the following: (1) guarantees issued under sections 221 and section (a) if the President determines that to do (1) progress toward democratization in Burma; 222 of the Foreign Assistance Act of 1961; or so is in the national security interest of the (2) progress on improving the quality of life of (2) credits extended or guarantees issued United States.’’. the Burmese people, including progress on mar- under the Arms Export Control Act. PURCHASE OF AMERICAN-MADE EQUIPMENT AND ket reforms, living standards, labor standards, (b) LIMITATIONS.— PRODUCTS use of forced labor in the tourism industry, and (1) The authority provided by subsection (a) SEC. 566. (a) SENSE OF CONGRESS.—It is the environmental quality; and may be exercised only to implement multilateral sense of the Congress that, to the greatest extent (3) progress made in developing the strategy official debt relief and referendum agreements, practicable, all equipment and products pur- referred to in subsection (c). commonly referred to as ‘‘Paris Club Agreed chased with funds made available in this Act (e) WAIVER AUTHORITY.—The President shall Minutes’’. should be American-made. have the authority to waive, temporarily or per- (2) The authority provided by subsection (a) (b) NOTICE REQUIREMENT.—In providing fi- manently, any sanction referred to in subsection may be exercised only in such amounts or to nancial assistance to, or entering into any con- (a) or subsection (b) if he determines and cer- such extent as is provided in advance by appro- tract with, any entity using funds made avail- tifies to Congress that the application of such priations Acts. able in this Act, the head of each Federal agen- sanction would be contrary to the national se- (3) The authority provided by subsection (a) cy, to the greatest extent practicable, shall pro- curity interests of the United States. may be exercised only with respect to countries vide to such entity a notice describing the state- (f) DEFINITIONS.— with heavy debt burdens that are eligible to bor- (1) The term ‘‘international financial institu- ment made in subsection (a) by the Congress. row from the International Development Asso- tions’’ shall include the International Bank for ciation, but not from the International Bank for LIMITATION OF FUNDS FOR NORTH AMERICAN Reconstruction and Development, the Inter- Reconstruction and Development, commonly re- DEVELOPMENT BANK national Development Association, the Inter- ferred to as ‘‘IDA-only’’ countries. SEC. 567. None of the funds appropriated in national Finance Corporation, the Multilateral (c) CONDITIONS.—The authority provided by this Act under the heading ‘‘North American Investment Guarantee Agency, the Asian Devel- subsection (a) may be exercised only with re- Development Bank’’ and made available for the opment Bank, and the International Monetary spect to a country whose government— Community Adjustment and Investment Pro- Fund. (1) does not have an excessive level of military gram shall be used for purposes other than those (2) The term ‘‘new investment’’ shall mean expenditures; set out in the binational agreement establishing any of the following activities if such an activ- (2) has not repeatedly provided support for the Bank. ity is undertaken pursuant to an agreement, or acts of international terrorism; POLICY TOWARD BURMA pursuant to the exercise of rights under such an (3) is not failing to cooperate on international SEC. 568. (a) Until such time as the President agreement, that is entered into with the Govern- narcotics control matters; determines and certifies to Congress that Burma ment of Burma or a nongovernmental entity in (4) (including its military or other security has made measurable and substantial progress Burma, on or after the date of the certification forces) does not engage in a consistent pattern in improving human rights practices and imple- under subsection (b): of gross violations of internationally recognized menting democratic government, the following (A) the entry into a contract that includes the human rights; and sanctions shall be imposed on Burma: economical development of resources located in (5) is not ineligible for assistance because of (1) BILATERAL ASSISTANCE.—There shall be no Burma, or the entry into a contract providing the application of section 527 of the Foreign Re- United States assistance to the Government of for the general supervision and guarantee of an- lations Authorization Act, fiscal years 1994 and Burma, other than: other person’s performance of such a contract; 1995. (A) humanitarian assistance, (B) the purchase of a share of ownership, in- (d) AVAILABILITY OF FUNDS.—The authority (B) counter-narcotics assistance under chap- cluding an equity interest, in that development; provided by subsection (a) may be used only ter 8 of part I of the Foreign Assistance Act of (C) the entry into a contract providing for the with regard to funds appropriated by this Act 1961, or crop substitution assistance, if the Sec- participation in royalties, earnings, or profits in under the heading ‘‘Debt restructuring’’. retary of State certifies to the appropriate con- that development, without regard to the form of (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A gressional committees that— the participation: reduction of debt pursuant to subsection (a) (i) the Government of Burma is fully cooperat- Provided, That the term ‘‘new investment’’ does shall not be considered assistance for purposes ing with United States counter-narcotics efforts, not include the entry into, performance of, or fi- of any provision of law limiting assistance to a and nancing of a contract to sell or purchase goods, country. The authority provided by subsection (ii) the programs are fully consistent with services, or technology. (a) may be exercised notwithstanding section United States human rights concerns in Burma REPORTS ON THE SITUATION IN BURMA 620(r) of the Foreign Assistance Act of 1961. AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR and serve the United States national interest, SEC. 569. (a) LABOR PRACTICES.—Not later and than 90 days after the date of the enactment of SALES (C) assistance promoting human rights and this Act, the Secretary of Labor, in consultation SEC. 571. (a) LOANS ELIGIBLE FOR SALE, RE- democratic values. with the Secretary of State, shall submit a re- DUCTION, OR CANCELLATION.— (2) MULTILATERAL ASSISTANCE.—The Secretary port to the appropriate congressional committees (1) AUTHORITY TO SELL, REDUCE, OR CANCEL of the Treasury shall instruct the United States on— CERTAIN LOANS.—Notwithstanding any other executive director of each international finan- (1) Burma’s compliance with international provision of law, the President may, in accord- cial institution to vote against any loan or other labor standards including, but not limited to, ance with this section, sell to any eligible pur- utilization of funds of the respective bank to or the use of forced labor, slave labor, and invol- chaser any concessional loan or portion thereof for Burma. untary prison labor by the junta; made before January 1, 1995, pursuant to the (3) VISAS.—Except as required by treaty obli- (2) the degree to which foreign investment in Foreign Assistance Act of 1961, to the govern- gations or to staff the Burmese mission to the Burma contributes to violations of fundamental ment of any eligible country as defined in sec- United States, the United States shall not grant worker rights; tion 702(6) of that Act or on receipt of payment entry visas to any Burmese government official. (3) labor practices in support of Burma’s for- from an eligible purchaser, reduce or cancel (b) CONDITIONAL SANCTIONS.—The President eign tourist industry; and such loan or portion thereof, only for the pur- shall prohibit United States persons from new (4) efforts by the United States to end viola- pose of facilitating— investment in Burma, if the President deter- tions of fundamental labor rights in Burma. (A) debt-for-equity swaps, debt-for-develop- mines and certifies to Congress that, after the (b) DEFINITION.—As used in this section, the ment swaps, or debt-for-nature swaps; or date of enactment of this Act, the Government term ‘‘appropriate congressional committees’’ (B) a debt buyback by an eligible country of of Burma has physically harmed, rearrested for means the Committee on Appropriations and the its own qualified debt, only if the eligible coun- political acts, or exiled Daw Aung San Suu Kyi Committee on Foreign Relations of the Senate try uses an additional amount of the local cur- or has committed large-scale repression of or vi- and the Committee on Appropriations and the rency of the eligible country, equal to not less olence against the Democratic opposition. Committee on International Relations of the than 40 percent of the price paid for such debt (c) MULTILATERAL STRATEGY.—The President House of Representatives. by such eligible country, or the difference be- shall seek to develop, in coordination with mem- (c) FUNDING.—(1) There are hereby appro- tween the price paid for such debt and the face bers of ASEAN and other countries having priated, out of any money in the Treasury not value of such debt, to support activities that major trading and investment interests in otherwise appropriated, for the fiscal year end- link conservation and sustainable use of natural Burma, a comprehensive, multilateral strategy ing September 30, 1997, for expenses necessary to resources with local community development, to bring democracy to and improve human carry out the provisions of this section, $30,000 and child survival and other child development, rights practices and the quality of life in to the Department of Labor. in a manner consistent with sections 707 Burma, including the development of a dialogue (2) The amount appropriated by this Act through 710 of the Foreign Assistance Act of between the State Law and Order Restoration under the heading ‘‘DEPARTMENT OF STATE, 1961, if the sale, reduction, or cancellation Council (SLORC) and democratic opposition INTERNATIONAL NARCOTICS CONTROL’’ shall be would not contravene any term or condition of groups within Burma. reduced by $30,000. any prior agreement relating to such loan. S8958 CONGRESSIONAL RECORD — SENATE July 26, 1996

(2) TERMS AND CONDITIONS.—Notwithstanding provided to the Government of Haiti until the basis if he determines and reports to the Com- any other provision of law, the President shall, President reports to Congress that— mittees on Appropriations that to do so is impor- in accordance with this section, establish the (1) the Government is conducting thorough in- tant to the national interest of the United terms and conditions under which loans may be vestigations of extrajudicial and political States. sold, reduced, or canceled pursuant to this sec- killings; and GUARANTEES tion. (2) the Government is cooperating with United SEC. 579. Section 251(b)(2)(G) of the Balanced (3) ADMINISTRATION.—The Facility, as defined States authorities in the investigations of politi- Budget and Emergency Deficit Control Act of in section 702(8) of the Foreign Assistance Act of cal and extrajudicial killings. 1985 is amended by striking ‘‘fiscal year 1994 1961, shall notify the administrator of the agen- (b) Nothing in this section shall be construed and 1995’’ and inserting in lieu thereof ‘‘fiscal cy primarily responsible for administering part I to restrict the provision of humanitarian, devel- years 1994, 1995, and 1997’’ in both places that of the Foreign Assistance Act of 1961 of pur- opment or electoral assistance. this appears. chasers that the President has determined to be (c) The President may waive the requirements INFORMATION ON COOPERATION WITH UNITED eligible, and shall direct such agency to carry of this section if he determines and certifies to out the sale, reduction, or cancellation of a loan STATES ANTI-TERRORISM EFFORTS IN ANNUAL the appropriate committees of Congress that it is COUNTRY REPORTS ON TERRORISM pursuant to this section. Such agency shall in the national interest of the United States or SEC. 580. Section 140 of the Foreign Relations make an adjustment in its accounts to reflect necessary to assure the safe and timely with- Authorization Act, fiscal years 1988 and 1989 (22 the sale, reduction, or cancellation. drawal of American forces from Haiti. (4) LIMITATION.—The authorities of this sub- U.S.C. 2656f) is amended— section shall be available only to the extent that LIMITATION ON FUNDS TO THE TERRITORY OF THE (1) in subsection (a)— BOSNIAC-CROAT FEDERATION appropriations for the cost of the modification, (A) by striking ‘‘and’’ at the end of paragraph as defined in section 502 of the Congressional SEC. 574. Funds appropriated by this Act for (1); Budget Act of 1974, are made in advance. activities in the internationally-recognized bor- (B) by striking the period at the end of para- (b) DEPOSIT OF PROCEEDS.—The proceeds from ders of Bosnia and Herzegovina (other than ref- graph (2) and inserting a semicolon; and the sale, reduction, or cancellation of any loan ugee and disaster assistance and assistance for (C) by adding at the end the following: sold, reduced, or canceled pursuant to this sec- restoration of infrastructure, to include power ‘‘(3) with respect to each foreign country from tion shall be deposited in the United States Gov- grids, water supplies and natural gas) may only which the United States Government has sought ernment account or accounts established for the be made available for activities in the territory cooperation during the previous five years in repayment of such loan. of the Bosniac-Croat Federation. the investigation or prosecution of an act of (c) ELIGIBLE PURCHASERS.—A loan may be UNITED STATES GOVERNMENT PUBLICATIONS international terrorism against United States sold pursuant to subsection (a)(1)(A) only to a SEC. 575. Beginning in fiscal year 1997, all citizens or interests, information on— purchaser who presents plans satisfactory to the United States Government publications shall ‘‘(A) the extent to which the government of President for using the loan for the purpose of refer to the capital of Israel as Jerusalem. the foreign country is cooperating with the engaging in debt-for-equity swaps, debt-for-de- EXTENSION OF CERTAIN ADJUDICATION United States Government in apprehending, velopment swaps, or debt-for-nature swaps. PROVISIONS convicting, and punishing the individual or in- (d) DEBTOR CONSULTATIONS.—Before the sale dividuals responsible for the act; and to any eligible purchaser, or any reduction or SEC. 576. The Foreign Operations, Export Fi- nancing, and Related Programs Appropriations ‘‘(B) the extent to which the government of cancellation pursuant to this section, of any the foreign country is cooperating in preventing loan made to an eligible country, the President Act, 1990 (Public Law 101–167) is amended— (1) in section 599D (8 U.S.C. 1157 note)— further acts of terrorism against United States shall consult with the country concerning the citizens in the foreign country; and amount of loans to be sold, reduced, or canceled (A) in subsection (b)(3), by striking ‘‘and 1996’’ and inserting ‘‘1996, and 1997’’; and ‘‘(4) with respect to each foreign country from and their uses for debt-for-equity swaps, debt- which the United States Government has sought for-development swaps, or debt-for-nature (B) in subsection (e), by striking out ‘‘October 1, 1996’’ each place it appears and inserting cooperation during the previous five years in swaps. the prevention of an act of international terror- (e) AVAILABILITY OF FUNDS.—The authority ‘‘October 1, 1997’’; and (2) in section 599E (8 U.S.C. 1255 note) in sub- ism against such citizens or interests, the infor- provided by subsection (a) may be used only mation described in paragraph (3)(B).’’; and with regard to funds appropriated by this Act section (b)(2), by striking out ‘‘September 30, 1996’’ and inserting ‘‘September 30, 1997’’. (2) in subsection (c)— under the heading ‘‘Debt Restructuring’’. (A) by striking ‘‘The report’’ and inserting SANCTIONS AGAINST COUNTRIES HARBORING WAR TRANSPARENCY OF BUDGETS ‘‘(1) Except as provided in paragraph (2), the re- CRIMINALS SEC. 577. (a) LIMITATION.—Beginning three port’’; SEC. 572. (a) BILATERAL ASSISTANCE.—Funds years after the date of the enactment of this (B) by indenting the margin of paragraph (1) appropriated by this Act under the Foreign As- Act, the Secretary of the Treasury shall instruct as so designated, 2 ems; and sistance Act of 1961 or the Arms Export Control the United States Executive Director of each (C) by adding at the end the following: Act may not be provided for any country de- international financial institution to use the ‘‘(2) If the Secretary of State determines that scribed in subsection (c). voice and vote of the United States to oppose the transmittal of the information with respect (b) MULTILATERAL ASSISTANCE.—The Sec- any loan or other utilization of the funds of to a foreign country under paragraph (3) or (4) retary of the Treasury shall instruct the United their respective institution, other than to ad- of subsection (a) in classified form would make States executive directors of the international fi- dress basic human needs, for the government of more likely the cooperation of the government of nancial institutions to work in opposition to, any country which the Secretary of the Treas- the foreign country as specified in such para- and vote against, any extension by such institu- ury determines— graph, the Secretary may transmit the informa- tions of financing or financial or technical as- (1) does not have in place a functioning sys- tion under such paragraph in classified form.’’. sistance to any country described in subsection tem for a civilian audit of all receipts and ex- (c). penditures in the portions of its budget that FEMALE GENITAL MUTILATION (c) SANCTIONED COUNTRIES.—A country de- fund activities of the armed forces and security SEC. 581. (a) LIMITATION.—Beginning 1 year scribed in this subsection is a country the gov- forces; after the date of the enactment of this Act, the ernment of which knowingly grants sanctuary (2) has not provided a summary of a current Secretary of the Treasury shall instruct the to persons in its territory for the purpose of audit to the institution; and United States Executive Director of each inter- evading prosecution, where such persons— (3) has not provided to the institution an ac- national financial institution to use the voice (1) have been indicted by the International counting of the ownership and financial interest and vote of the United States to oppose any Criminal Tribunal for the former Yugoslavia, in revenue-generating enterprises of the armed loan or other utilization of the funds of their re- the International Criminal Tribunal for Rwan- forces and security forces. spective institution, other than to address basic da, or any other international tribunal with (b) DEFINITION.—For purposes of this section, human needs, for the government of any coun- similar standing under international law, or the term ‘‘international financial institution’’ try which the Secretary of the Treasury deter- (2) have been indicted for war crimes or crimes shall include the institutions identified in sec- mines— against humanity committed during the period tion 535(b) of this Act. (1) has, as a cultural custom, a known history beginning March 23, 1933 and ending on May 8, PROMOTION OF HUMAN RIGHTS of the practice of female genital mutilation; 1945 under the direction of, or in association (2) has not made the practice of female genital SEC. 578. A senior official, or former senior of- with— mutilation illegal; and ficial, of a government that receives funds ap- (A) the Nazi government of Germany; (3) has not taken steps to implement edu- propriated by this Act, who applies for a visa to (B) any government in any area occupied by cational programs designed to prevent the prac- travel to the United States, shall be denied such the military forces of the Nazi government of tice of female genital mutilation. visa if the Secretary of State has credible evi- Germany; (b) DEFINITION.—For purposes of this section, (C) any government which was established dence that such official has committed, ordered the term ‘‘international financial institution’’ with the assistance or cooperation of the Nazi or attempted to thwart the investigation of a shall include the institutions identified in sec- government; or gross violation of an internationally recognized tion 535(b) of this Act. (D) any government which was an ally of the human right: Provided, That for purposes of Nazi government of Germany. this section ‘‘senior official’’ includes an officer SENSE OF CONGRESS REGARDING THE UNITED LIMITATION ON ASSISTANCE FOR HAITI of the armed forces or security forces: Provided STATES-JAPAN INSURANCE AGREEMENT SEC. 573. (a) None of the funds appropriated further, That the Secretary of State may waive SEC. 582. (a) FINDINGS.—The Congress makes or otherwise made available by this Act, may be the restrictions of this section on a case-by-case the following findings: July 26, 1996 CONGRESSIONAL RECORD — SENATE S8959 (1) The United States and Japan share a long regulate and liberalize the primary sectors of the able to pay any voluntary contribution of the and important bilateral relationship which Japanese market, and those which insure that United States to the United Nations or any of its serves as an anchor of peace and stability in the the current position of foreign insurers in Japan specialized agencies (including the United Na- Asia Pacific region, an alliance which was re- will not be jeopardized until primary sector de- tions Development Program) if the United Na- affirmed at the recent summit meeting between regulation has been achieved, and a three-year tions attempts to implement or impose any tax- President Clinton and Prime Minister period has elapsed; and ation or fee on any United States persons or Hashimoto in Tokyo. (2) failing satisfactory resolution of this mat- borrows funds from any international financial (2) The Japanese economy has experienced ter on or before July 31, 1996, the United States institution. difficulty over the past few years, demonstrating Government should use any and all resources at (b) CERTIFICATION REQUIRED FOR DISBURSE- that it is no longer possible for Japan, the its disposal to bring about full and complete MENT OF FUNDS.—None of the funds appro- world’s second largest economy, to use exports compliance with the Agreement. priated or otherwise made available under this as the sole engine of economic growth, but that SENSE OF CONGRESS REGARDING THE CONFLICT IN Act may be made available to pay any vol- the Government of Japan must promote deregu- CHECHNYA untary contribution of the United States to the lation of its domestic economy in order to in- SEC. 583. (a) CONGRESSIONAL DECLARATION.— United Nations or any of its specialized agencies crease economic growth. The Congress declares that the continuation of (including the United Nations Development Pro- (3) Japan is the second largest insurance mar- the conflict in Chechnya, the continued killing gram) unless the President certifies to the Con- ket in the world and the largest life insurance of innocent civilians, and the ongoing violation gress 15 days in advance of such payment that market in the world. of human rights in that region are unaccept- the United Nations or such agency, as the case (4) The share of foreign insurance in Japan is able. may be, is not engaged in, and has not been en- less than 3 percent, and large Japanese life and (b) SENSE OF CONGRESS.—The Congress here- gaged in during the previous fiscal year, any ef- non-life insurers dominate the market. by— fort to develop, advocate, promote, or publicize (5) The Government of Japan has had as its (1) condemns Russia’s infringement of the any proposal concerning taxation or fees on stated policy for several years the deregulation cease-fire agreements in Chechnya; United States persons in order to raise revenue and liberalization of the Japan insurance mar- (2) calls upon the Government of the Russian for the United Nations or any of its specialized ket, and has developed and adopted a new in- Federation to bring an immediate halt to offen- agencies. surance business law as a means of achieving sive military actions in Chechnya and requests (c) DEFINITIONS.—As used in this section: this publicly stated objective of liberalization President Yeltsin to honor his decree of June 25, (1) The term ‘‘international financial institu- and deregulation. 1996 concerning the withdrawal of Russian tion’’ includes the African Development Bank, (6) The Governments of Japan and the United armed forces from Chechnya; the African Development Fund, the Asian De- States concluded in October of 1994 the United (3) encourages the two warring parties to re- velopment Bank, the European Bank for Recon- States-Japan Insurance Agreement, following sume negotiations without delay so as to find a struction and Development, the Inter-American more than one and one-half years of negotia- peaceful political solution to the Chechen prob- Development Bank, the International Bank for tions, in which Agreement the Government of lem; and Reconstruction and Development, the Inter- Japan reiterated its intent to deregulate and lib- (4) supports the Organization for Security and national Development Association, the Inter- eralize its market. Cooperation in Europe and its representatives in national Finance Corporation, the International (7) The Government of Japan in June of 1995 Chechnya in its efforts to mediate in Chechnya. Monetary Fund, and the Multilateral Insurance undertook additional obligations to provide Guaranty Agency; and greater foreign access and liberalization to its REQUIREMENT FOR DISCLOSURE OF FOREIGN AID (2) The term ‘‘United States person’’ refers market through its schedule of insurance obliga- IN REPORT OF SECRETARY OF STATE to— tions during the financial services negotiations SEC. 584. (a) FOREIGN AID REPORTING RE- (A) a natural person who is a citizen or na- of the World Trade Organization (WTO). QUIREMENT.—In addition to the voting practices tional of the United States; or (8) The United States insurance industry is of a foreign country, the report required to be (B) a corporation, partnership, or other legal the most competitive in the world, operates suc- submitted to Congress under section 406(a) of entity organized under the United States or any cessfully throughout the world, and thus could the Foreign Relations Authorization Act, fiscal State, territory, possession, or district of the be expected to achieve higher levels of market years 1990 and 1991 (22 U.S.C. 2414a), shall in- United States. access and profitability under a more open, de- clude a side-by-side comparison of individual HAITI regulated and liberalized Japanese market. countries’ overall support for the United States SEC. 587. The Government of Haiti shall be eli- (9) Despite more than one and one-half years at the United Nations and the amount of United gible to purchase defense articles and services since the conclusion of the United States-Japan States assistance provided to such country in under the Arms Export Control Act (22 U.S.C. Insurance Agreement, despite more than one that fiscal year. 2751 et seq.), for the civilian-led Haitian Na- year since Japan undertook new commitments (b) UNITED STATES ASSISTANCE.—For purposes tional Police and Coast Guard, except as other- under the WTO, despite the entry into force on of this section, the term ‘‘United States assist- wise stated in law: Provided, That the authority April 1, 1996, of the new Insurance Business ance’’ has the meaning given the term in section provided by this section shall be subject to the Law, the Japanese market remains closed and 481(e)(4) of the Foreign Assistance Act of 1961 regular notification procedures of the Commit- highly regulated and thus continues to deny (22 U.S.C. 2291(e)(4)). tees on Appropriations. fair and open treatment for foreign insurers, in- REPORT ON DOMESTIC FEDERAL AGENCIES TRADE RELATIONS WITH EASTERN AND CENTRAL cluding competitive United States insurers. FURNISHING UNITED STATES ASSISTANCE (10) The non-implementation of the United EUROPE. SEC. 585. (a) IN GENERAL.—Not later than States-Japan Insurance Agreement is a matter SEC. 588. (a) FINDINGS.—The Congress makes June 1, 1997, the Comptroller General of the of grave importance to the United States Gov- the following findings: United States shall study and report to the Con- ernment. (1) The countries of Central and Eastern Eu- gress on all assistance furnished directly or in- (11) Dozens of meetings between the United rope, including Poland, Hungary, the Czech Re- directly to foreign countries, foreign entities, States Trade Representative and the Ministry of public, Slovakia, Romania, Slovenia, Lithuania, and international organizations by domestic Finance have taken place during the past year. Latvia, Estonia, and Bulgaria, are important to Federal agencies and Federal agencies. (12) President Clinton, Vice President Gore, the long-term stability and economic success of (b) DEFINITIONS.—As used in this section: Secretary Rubin, Secretary Christopher, Sec- a future Europe freed from the shackles of com- (1) DOMESTIC FEDERAL AGENCY.—The term retary Kantor, Ambassador Barshefsky have all munism. ‘‘domestic Federal agency’’ means a Federal indicated to their counterparts in the Govern- (2) The Central and Eastern European coun- agency the primary mission of which is to carry ment of Japan the importance of this matter to tries, particularly Hungary, Poland, the Czech out functions other than foreign affairs, de- the United States. Republic, Romania, Slovakia, Slovenia, Latvia, (13) The United States Senate has written re- fense, or national security functions. Lithuania, and Estonia, are in the midst of dra- peatedly to the Minister of Finance and the Am- (2) FEDERAL AGENCY.—The term ‘‘Federal matic reforms to transform their centrally bassador of Japan. agency’’ has the meaning given the term in sec- planned economies into free market economies (14) Despite all of these efforts and indications tion 551(1) of title 5, United States Code. and to join the Western community. of importance, the Ministry of Finance has (3) INTERNATIONAL ORGANIZATION.—The term (3) It is in the long-term interest of the United failed to implement the United States-Japan In- ‘‘international organization’’ has the meaning States to encourage and assist the trans- surance Agreement. given the term in section 1 of the International formation of Central and Eastern Europe into a (15) Several deadlines have already passed for Organization Immunities Act (22 U.S.C. 288). free market economy, which is the solid founda- resolution of this issue with the latest deadline (4) UNITED STATES ASSISTANCE.—The term tion of democracy, and will contribute to re- set for July 31, 1996. ‘‘United States assistance’’ has the meaning gional stability and greatly increased opportuni- (b) SENSE OF CONGRESS.—It is the sense of the given the term in section 481(e)(4) of the Foreign ties for commerce with the United States. Congress that— Assistance Act of 1961 (22 U.S.C. 2291(e)(4)). (4) Trade with the countries of Central and (1) the Ministry of Finance of the Government RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO Eastern Europe accounts for less than one per- of Japan should immediately and without fur- UNITED NATIONS AGENCIES cent of total United States trade. ther delay completely and fully comply with all SEC. 586. (a) PROHIBITION ON VOLUNTARY (5) The presence of a market with more than provisions of the United States-Japan Insurance CONTRIBUTIONS FOR THE UNITED NATIONS.— 140,000,000 people, with a growing appetite for Agreement, including most especially those None of the funds appropriated or otherwise consumer goods and services and badly in need which require the Ministry of Finance to de- made available by this Act may be made avail- of modern technology and management, should S8960 CONGRESSIONAL RECORD — SENATE July 26, 1996 be an important market for United States ex- (2) The United States should support the ac- (1) On February 22, 1996, the Director of ports and investments. tive participation of Croatia in activities appro- Central Intelligence informed the Senate that (6) The United States has concluded agree- priate for qualifying for NATO membership, pro- the Government of the People’s Republic of ments granting most-favored-nation status to vided Croatia continues to adhere fully to the China had delivered cruise missiles to Iran. most of the countries of Central and Eastern Dayton Peace Accords and continues to make (2) On June 19, 1996, the Under Secretary of Europe. progress toward establishing democratic institu- State for Arms Control and International Secu- (b) SENSE OF THE CONGRESS.—It is the sense of tions, a free market, and the rule of law. rity Affairs informed Congress that the Depart- the Congress that the President should take ROMANIA’S PROGRESS TOWARD NATO MEMBERSHIP ment of State had evidence of Chinese-produced steps to promote more open, fair, and free trade cruise missiles in Iran. SEC. 591. (a) FINDINGS.—The Congress makes between the United States and the countries of (3) On at least three occasions in 1996, includ- the following findings: Central Europe, including Poland, Hungary, (1) Romania emerged from years of brutal ing July 15, 1996, the Commander of the United the Czech Republic, Slovakia, Lithuania, Lat- Communist dictatorship in 1989 and approved a States Fifth Fleet has pointed to the threat via, Estonia, Romania, and Slovenia, includ- new Constitution and elected a Parliament by posed by Chinese-produced cruise missiles to the ing— 1991, laying the foundation for a modern par- 15,000 United States sailors and marines sta- (1) developing closer commercial contacts; liamentary democracy charged with guarantee- tioned in the Persian Gulf region. (2) the mutual elimination of tariff and non- ing fundamental human rights, freedom of ex- (4) Section 1605 of the Iran-Iraq Arms Non- tariff discriminatory barriers in trade with these pression, and respect for private property; Proliferation Act of 1992 (title XVI of Public countries; (2) Local elections, parliamentary elections, Law 102–484; 50 U.S.C. 1701 note) both requires (3) exploring the possibility of framework and presidential elections have been held in Ro- and authorizes the President to impose sanc- agreements that would lead to a free trade mania, with 1996 marking the second nation- tions against any foreign government that deliv- agreement; wide presidential elections under the new Con- ers cruise missiles to Iran. (4) negotiating bilateral investment treaties; (b) SENSE OF SENATE.—It is the sense of the (5) stimulating increased United States exports stitution; (3) Romania was the first former Eastern bloc Senate that— and investments to the region; (1) the Government of the People’s Republic of (6) obtaining further liberalization of invest- country to join NATO’s Partnership for Peace program and has hosted Partnership for Peace China should immediately halt the delivery of ment regulations and protection against nation- cruise missiles and other advanced conventional alization in these foreign countries; and military exercises on its soil; (4) Romania is the second largest country in weapons to Iran; and (7) establishing fair and expeditious dispute (2) the President should enforce all appro- settlement procedures. terms of size and population in Central Europe and as such is strategically significant; priate United States laws with respect to the de- LIMITATION ON FOREIGN SOVEREIGN IMMUNITY (5) Romania formally applied for NATO mem- livery by that government of cruise missiles to SEC. 589. (a) IN GENERAL.—Section 1605(a)(7) bership in April of 1996 and has begun an indi- Iran. of title 28, United States Code, is amended to vidualized dialogue with NATO on its member- SENSE OF SENATE ON DELIVERY BY CHINA OF read as follows: ship application; and BALLISTIC MISSILE TECHNOLOGY TO SYRIA ‘‘(7) in which money damages are sought (6) Romania has contributed to the peace and SEC. 594. (a) FINDINGS.—The Senate makes the against a foreign state for personal injury or reconstruction efforts in Bosnia by participating following findings: death caused by an act of torture, extrajudicial in the Implementation Force (IFOR). (1) Credible information exists indicating that killing, aircraft sabotage, hostage taking, or the (b) SENSE OF THE CONGRESS.—Therefore, it is defense industrial trading companies of the Peo- provision of material support or resources (as the sense of the Congress that: ple’s Republic of China may have transferred defined in section 2339A of title 18) for such an (1) Romania is making significant progress to- ballistic missile technology to Syria. act, if— ward establishing democratic institutions, a free (2) On October 4, 1994, the Government of the ‘‘(A) such act or provision of material support market economy, civilian control of the armed People’s Republic of China entered into a writ- was engaged in by an official, employee, or forces and the rule of law; ten agreement with the United States pledging agent of such foreign state while acting within (2) Romania is making important progress to- not to export missiles or related technology that the scope of his or her office, employment, or ward meeting the criteria for accession into would violate the Missile Technology Control agency; NATO; Regime (MTCR). ‘‘(B) the foreign state against whom the claim (3) Romania deserves commendation for its (3) Section 73(f) of the Arms Export Control was brought— clear desire to stand with the West in NATO, as Act (22 U.S.C. 2797b(f)) states that, when deter- ‘‘(i) was designated as a state sponsor of ter- evidenced by its early entry into the Partnership mining whether a foreign person may be subject rorism under section 6(j) of the Export Adminis- for Peace, its formal application for NATO mem- to United States sanctions for transferring tech- tration Act of 1979 (50 U.S.C. App. 2405(j)) or bership, and its participation in IFOR; nology listed on the MTCR Annex, it should be section 620A of the Foreign Assistance Act of (4) Romania should be evaluated for member- a rebuttable presumption that such technology 1961 (22 U.S.C. 2371) at the time the act occurred ship in the NATO Participation Act’s transition is designed for use in a missile listed on the or was later so designated as a result of such assistance program at the earliest opportunity; MTCR Annex if the President determines that act; or and the final destination of the technology is a ‘‘(ii) had no treaty of extradition with the (5) The United States should work closely country the government of which the Secretary United States at the time the act occurred and with Romania and other countries working to- of State has determined, for purposes of section no adequate and available remedies exist either ward NATO membership to ensure that every 6(j)(1)(A) of the Export Administration Act of in such state or in the place in which the act oc- opportunity is provided. 1979 (50 U.S.C. App. 2405(j)(1)(A)), has repeat- curred; SENSE OF CONGRESS REGARDING EXPANSION OF edly provided support for acts of international ‘‘(C) the claimant has afforded the foreign ELIGIBILITY FOR HOLOCAUST SURVIVOR COM- terrorism. state a reasonable opportunity to arbitrate the PENSATION BY THE GOVERNMENT OF GERMANY (4) The Secretary of State has determined claim in accordance with accepted international SEC. 592. (a) FINDINGS.—The Congress makes under the terms of section 6(j)(1)(A) of the Ex- rules of arbitration; and the following findings: port Administration Act of 1979 that Syria has ‘‘(D) the claimant or victim was a national of (1) After nearly half a century, tens of thou- repeatedly provided support for acts of inter- the United States (as that term is defined in sec- sands of Holocaust survivors continue to be de- national terrorism. tion 101(a)(22) of the Immigration and National- nied justice and compensation by the Govern- (5) In 1994 Congress explicitly enacted section ity Act) when the act upon which the claim is ment of Germany. 73(f) of the Arms Export Control Act in order to based occurred.’’. (2) These people who suffered grievously at target the transfer of ballistic missile technology (b) EFFECTIVE DATE.—The amendment made the hands of the Nazis are now victims of un- to terrorist nations. by subsection (a) shall apply with respect to ac- reasonable and arbitrary rules which keep them (6) The presence of ballistic missiles in Syria tions brought in United States courts on or after outside the framework of the various compensa- would pose a threat to United States Armed the date of enactment of this Act. tion programs. Forces and to regional peace and stability in the SENSE OF CONGRESS REGARDING CROATIA (3) Compensation for these victims has been Middle East. SEC. 590. (a) FINDINGS.—The Congress makes non-existent or, at best, woefully inadequate. (b) SENSE OF SENATE.—It is the sense of the the following findings: (4) The time has come to right this terrible Senate that— (1) Croatia has politically and financially wrong. (1) it is in the national security interests of contributed to the NATO peacekeeping oper- (b) SENSE OF CONGRESS.—The Congress calls the United States and the State of Israel to pre- ations in Bosnia; upon the Government of Germany to negotiate vent the spread of ballistic missiles and related (2) The economic stability and security of Cro- in good faith with the Conference on Jewish technology to Syria; atia is important to the stability of South Material Claims Against Germany to broaden (2) the Government of the People’s Republic of Central Europe; and the categories of those eligible for compensation China should continue to honor its agreement (3) Croatia is in the process of joining the so that the injustice of uncompensated Holo- with the United States not to export missiles or Partnership for Peace. caust survivors may be corrected before it is too related technology that would violate the Mis- (b) SENSE OF CONGRESS.—It is the Sense of late. sile Technology Control Regime; and Congress that: SENSE OF SENATE ON DELIVERY BY CHINA OF (3) the President should exercise all legal au- (1) Croatia should be recognized and com- CRUISE MISSILES TO IRAN thority available to the President to prevent the mended for its contributions to NATO and the SEC. 593. (a) FINDINGS.—The Senate makes the spread of ballistic missiles and related tech- various peacekeeping efforts in Bosnia; following findings: nology to Syria. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8961

REFUGEE STATUS FOR ADULT CHILDREN OF (c) WAIVER.—Subsection (b) shall not apply if (3) Urges the Administration to continue dip- FORMER VIETNAMESE REEDUCATION CAMP IN- the President of Mexico certifies to the President lomatic efforts at the highest level to find a TERNEES RESETTLED UNDER THE ORDERLY DE- of the United States that— peaceful resolution to the crisis in Burundi. PARTURE PROGRAM (1) the Government of Mexico made intensive, SENSE OF THE SENATE REGARDING SEC. 595. (a) ELIGIBILITY FOR ORDERLY DE- good faith efforts to apprehend the individuals ENVIRONMENTAL IMPACT ASSESSMENTS named pursuant to subsection (a)(1) but did not PARTURE PROGRAM.—For purposes of eligibility SEC. 599A. (a) FINDINGS.—Congress finds for the Orderly Departure Program for nationals find one or more of the individuals within Mex- that— of Vietnam, an alien described in subsection (b) ico; and (1) Environmental Impact Assessments as a shall be considered to be a refugee of special hu- (2) the Government of Mexico has appre- national instrument are undertaken for pro- manitarian concern to the United States within hended and extradited or apprehended and posed activities that are likely to have a signifi- the meaning of section 207 of the Immigration prosecuted 3 individuals named pursuant to cant adverse impact on the environment and are and Nationality Act (8 U.S.C. 1157) and shall be subsection (a)(2) for each individual not found subject to a decision of a competent national au- admitted to the United States for resettlement if under paragraph (1). thority; the alien would be admissible as an immigrant DEOBLIGATION OF CERTAIN UNEXPENDED (2) in 1978 the Senate adopted Senate Resolu- under the Immigration and Nationality Act (ex- ECONOMIC ASSISTANCE FUNDS tion 49, calling on the United States Government cept as provided in section 207(c)(3) of that Act). SEC. 598. Chapter 3 of part III of the Foreign to seek the agreement of other governments to a (b) ALIENS COVERED.—An alien described in Assistance Act of 1961 (22 U.S.C. 2401 et seq.) is proposed global treaty requiring the preparation this subsection is an alien who— amended by adding at the end the following: of Environmental Impact Assessments for any (1) is the son or daughter of a national of ‘‘SEC. 668. DEOBLIGATION OF CERTAIN UNEX- major project, action, or continuing activity Vietnam who— PENDED ECONOMIC ASSISTANCE that may be reasonably expected to have a sig- (A) was formerly interned in a reeducation FUNDS. nificant adverse effect on the physical environ- camp in Vietnam by the Government of the So- ‘‘(a) REQUIREMENT TO DEOBLIGATE.— ment or environmental interests of another na- cialist Republic of Vietnam; and ‘‘(1) IN GENERAL.—Except as provided in sub- tion or a global commons area; (B) has been accepted for resettlement as a section (b) of this section and in paragraphs (1) (3) subsequent to the adoption of Senate Reso- refugee under the Orderly Departure Program and (3) of section 617(a) of this Act, at the be- lution 49 in 1978, the United Nations Environ- on or after April 1, 1995; ginning of each fiscal year the President shall ment Programme Governing Council adopted (2) is 21 years of age or older; and deobligate and return to the Treasury any funds Goals and Principles on Environmental Impact (3) was unmarried as of the date of accept- described in paragraph (2) that, as of the end of ance of the alien’s parent for resettlement under Assessment calling on governments to undertake the preceding fiscal year, have been obligated comprehensive Environmental Impact Assess- the Orderly Departure Program. for a project or activity for a period of more (c) SUPERSEDES EXISTING LAW.—This section ments in cases in which the extent, nature, or than 4 years but have not been expended. location of a proposed activity is such that the supersedes any other provision of law. ‘‘(2) FUNDS.—Paragraph (1) applies to funds DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA activity is likely to significantly affect the envi- made available for— ronment; and SEC. 596. Ninety days after the date of enact- ‘‘(A) assistance under chapter 1 of part I of (4) on October 7, 1992, the Senate gave its ad- ment of this Act, and every 180 days thereafter, this Act (relating to development assistance), vice and consent to the Protocol on Environ- the Secretary of State, in consultation with the chapter 10 of part I of this Act (relating to the mental Protection to the Antarctic Treaty, Secretary of Defense, shall provide a report in a Development Fund for Africa), or chapter 4 of which obligates parties to the Antarctic Treaty classified or unclassified form to the Committee part II of this Act (relating to the economic sup- to require Environmental Impact Assessment on Appropriations including the following infor- port fund); procedures for proposed activities in Antarctica. mation: ‘‘(B) assistance under the Support for East (b) SENSE OF THE SENATE.—It is the sense of (a) a best estimate on fuel used by the military European Democracy (SEED) Act of 1989; and the Senate that— forces of the Democratic People’s Republic of ‘‘(C) economic assistance for the independent (1) the United States Government should en- Korea (DPRK); states of the former Soviet Union under chapter courage the governments of other nations to en- (b) the deployment position and military 11 of part I of this Act or under any other provi- gage in additional regional treaties regarding training and activities of the DPRK forces and sion of law authorizing economic assistance for specific transboundary activities that have ad- best estimate of the associated costs of these ac- such independent states. verse impacts on the environment of other na- tivities; ‘‘(b) EXCEPTIONS.—The President, on a case- (c) steps taken to reduce the DPRK level of tions or a global commons area; and by-case basis, may waive the requirement of (2) such additional regional treaties should forces; and subsection (a)(1) if the President determines and (d) cooperation, training, or exchanges of in- ensure that specific transboundary activities are reports to the Congress that it is in the national undertaken in environmentally sound ways and formation, technology or personnel between the interest to do so. DPRK and any other nation supporting the de- under careful controls designed to avoid or min- ‘‘(c) APPROPRIATE CONGRESSIONAL COMMIT- imize any adverse environmental effects, velopment or deployment of a ballistic missile TEES.—As used in this section, the term ‘appro- capability. through requirements for Environmental Impact priate congressional committees’ means the Com- Assessments where appropriate. PROSECUTION OF MAJOR DRUG TRAFFICKERS mittee on International Relations and the Com- INTERNATIONAL CRIMINAL TRIBUNAL RESIDING IN MEXICO mittee on Appropriations of the House of Rep- SEC. 599B. FINDINGS.— SEC. 597. (a) REPORT.—(1) Not later than 30 resentatives and the Committee on Foreign Rela- days after the date of enactment of this Act, the (1) The United Nations, recognizing the need tions and the Committee on Appropriations of for justice in the former Yugoslavia, established Administrator of the Drug Enforcement Admin- the Senate.’’. istration shall submit a report to the President— the International Criminal Tribunal for the (A) identifying the 10 individuals who are in- SENSE OF SENATE REGARDING THE GOVERNMENT former Yugoslavia (hereafter in this resolution dicted in the United States for unlawful traf- OF BURUNDI referred to as the ‘‘International Criminal Tri- ficking or production of controlled substances SEC. 599. (a) The Senate finds that: bunal’’); most sought by United States law enforcement (1) The political situation in the African na- (2) United Nations Security Council Resolu- officials and who there is reason to believe re- tion of Burundi has deteriorated and there are tion 827 of May 25, 1993, requires states to co- side in Mexico; and reports of a military coup against the elected operate fully with the International Criminal (B) identifying 25 individuals not named Government of Burundi. Tribunal; under paragraph (1) who have been indicted for (2) The continuing ethnic conflict in Burundi (3) The parties to the General Framework such offenses and who there is reason to believe has caused untold suffering among the people of Agreement for Peace in Bosnia and Herzegovina reside in Mexico. Burundi and has resulted in the deaths of over and associated Annexes (in this resolution re- (2) The President shall promptly transmit to 150,000 people in the past two years. ferred to as the ‘‘Peace Agreement’’) negotiated the Government of Mexico a copy of the report (3) The attempt to overthrow the Government in Dayton, Ohio and signed in Paris, France, on submitted under paragraph (1). of Burundi makes the possibility of an increase December 14, 1995, accepted, in Article IX, the (b) PROHIBITION.— in the tension and the continued slaughter of obligation ‘‘to cooperate in the investigation (1) IN GENERAL.—None of the funds appro- innocent civilians more likely. and prosecution of war crimes and other viola- priated under the heading ‘‘International Mili- (4) The United States and the International tions of international humanitarian law’’; tary Education and Training’’ may be made Community have an interest in ending the crisis (4) The Constitution of Bosnia and available for any program, project, or activity in Burundi before it reaches the level of violence Herzegovina, agreed to as Annex 4 of the Peace for Mexico. that occurred in Rwanda in 1994 when over Agreement, provides, in Article IX, that ‘‘No (2) EXCEPTION.—Paragraph (1) shall not 800,000 people died in the war between the Hutu person who is serving a sentence imposed by the apply if, not later than 6 months after the date and the Tutsi tribes. International Tribunal for the former Yugo- of enactment of this Act, the President certifies (b) Now, therefore it is the sense of the Senate slavia, and no person who is under indictment to Congress that— that: by the Tribunal and who has failed to comply (A) the Government of Mexico has extradited (1) The United States Senate condemns any with an order to appear before the Tribunal, to the United States the individuals named pur- violent action intended to overthrow the Gov- may stand as a candidate or hold any appoint- suant to subsection (a)(1); or ernment of Burundi. ive, elective, or other public office in Bosnia and (B) the Government of Mexico has appre- (2) Calls on all parties to the conflict in Bu- Herzegovina’’; hended and begun prosecution of the individ- rundi to exercise restraint in an effort to restore (5) The International Criminal Tribunal has uals named pursuant to subsection (a)(1). peace. issued 57 indictments against individuals from S8962 CONGRESSIONAL RECORD — SENATE July 26, 1996 all parties to the conflicts in the former Yugo- of Yugoslavia (Serbia and Montenegro) and the (10) Cooperative regional peacekeeping initia- slavia; so-called Republika Srpska, in accordance with tives involving emerging democracies in Central (6) The International Criminal Tribunal con- United Nations Security Council Resolution 1022 and Eastern Europe that have expressed interest tinues to investigate gross violations of inter- (1995), until the Federal Republic of Yugoslavia in joining NATO, such as the Baltic Peacekeep- national law in the former Yugoslavia with a (Serbia and Montenegro) and Bosnian Serb au- ing Battalion, the Polish-Lithuanian Joint view to further indictments against the per- thorities have complied with their obligations Peacekeeping Force, and the Polish-Ukrainian petrators; under the Peace Agreement and United Nations Peacekeeping Force, can make an important (7) On July 25, 1995, the International Crimi- Security Council Resolutions to cooperate fully contribution to European peace and security nal Tribunal issued an indictment for Radovan with the International Criminal Tribunal; and international peacekeeping efforts, can as- Karadzic, president of the Bosnian Serb admin- (3) the NATO-led Implementation Force sist those countries preparing to assume the re- istration of Pale, and Ratko Mladic, commander (IFOR), in carrying out its mandate, should sponsibilities of possible NATO membership, and of the Bosnian Serb administration and charged make it an urgent priority to detain and bring accordingly should receive appropriate support them with genocide and crimes against human- to justice persons indicted by the International from the United States. ity, violations of the law or customs of war, and Criminal Tribunal; and (11) NATO remains the only multilateral secu- grave breaches of the Geneva Conventions of (4) states in the former Yugoslavia should not rity organization capable of conducting effective 1949, arising from atrocities perpetrated against be admitted to international organizations and military operations and preserving security and the civilian population throughout Bosnia- fora until and unless they have complied with stability of the Euro-Atlantic region. Herzegovina, for the sniping campaign against their obligations under the Peace Agreement (12) NATO is an important diplomatic forum civilians in Sarajevo, and for the taking of Unit- and United Nations Security Council Resolu- and has played a positive role in defusing ten- ed Nations peacekeepers as hostages and for tions to cooperate fully with the International sions between members of the Alliance and, as a their use as human shields; Criminal Tribunal. result, no military action has occurred between (8) On November 16, 1995, Karadzic and TITLE VI—NATO ENLARGEMENT two Alliance member states since the inception Mladic were indicted a second time by the Inter- FACILITATION ACT OF 1996 of NATO in 1949. (13) The admission to NATO of emerging de- national Criminal Tribunal, charged with geno- SEC. 601. SHORT TITLE. cide for the killing of up to 6,000 Muslims in mocracies in Central and Eastern Europe which This title may be cited as the ‘‘NATO Enlarge- are found to be in a position to further the prin- Srebrenica, Bosnia, in July 1995; ment Facilitation Act of 1996’’. (9) The United Nations Security Council, in ciples of the North Atlantic Treaty would con- SEC. 602. FINDINGS. tribute to international peace and enhance the adopting Resolution 1022 on November 22, 1995, The Congress makes the following findings: decided that economic sanctions on the Federal security of the region. Countries which have be- (1) Since 1949, the North Atlantic Treaty Or- come democracies and established market econo- Republic of Yugoslavia (Serbia and ganization (NATO) has played an essential role Montenegro) and the so-called Republika mies, which practice good neighborly relations, in guaranteeing the security, freedom, and pros- and which have established effective democratic Srpska would be reimposed if, at any time, the perity of the United States and its partners in High Representative or the IFOR commander in- civilian control over their defense establishments the Alliance. and attained a degree of interoperability with forms the Security Council that the Federal Re- (2) The NATO Alliance is, and has been since public of Yugoslavia or the Bosnian Serb au- NATO, should be evaluated for their potential its inception, purely defensive in character, and to further the principles of the North Atlantic thorities are failing significantly to meet their it poses no threat to any nation. The enlarge- Treaty. obligations under the Peace Agreement; ment of the NATO Alliance to include as full (14) A number of Central and Eastern Euro- (10) The so-called Republika Srpska and the and equal members emerging democracies in pean countries have expressed interest in NATO Federal Republic of Yugoslavia (Serbia and Central and Eastern Europe will serve to rein- membership, and have taken concrete steps to Montenegro) have failed to arrest and turn over force stability and security in Europe by foster- demonstrate this commitment, including their for prosecution indicted war criminals, includ- ing their integration into the structures which participation in Partnership for Peace activities. ing Karadzic and Mladic; have created and sustained peace in Europe (15) The Caucasus region remains important (11) Efforts to politically isolate Karadzic and since 1945. Their admission into NATO will not geographically and politically to the future se- Mladic have failed thus far and would in any threaten any nation. America’s security, free- curity of Central Europe. As NATO proceeds case be insufficient to comply with the Peace dom, and prosperity remain linked to the secu- with the process of enlargement, the United Agreement and bring peace with justice to rity of the countries of Europe. States and NATO should continue to examine Bosnia and Herzegovina; (3) The sustained commitment of the member means to strengthen the sovereignty and en- (12) The International Criminal Tribunal is- countries of NATO to a mutual defense has hance the security of United Nations recognized sued international warrants for the arrest of made possible the democratic transformation of countries in that region. Karadzic and Mladic on July 11, 1996. Central and Eastern Europe. Members of the Al- (16) In recognition that not all countries (13) In the so-called Republika Srpska freedom liance can and should play a critical role in ad- which have requested membership in NATO will of the press and freedom of assembly are se- dressing the security challenges of the post-Cold necessarily qualify at the same pace, the acces- verely limited and violence against ethnic and War era and in creating the stable environment sion date for each new member will vary. religious minorities and opposition figures is on needed for those emerging democracies in (17) The provision of additional NATO transi- the rise; Central and Eastern Europe to successfully com- tion assistance should include those emerging (14) It will be difficult for national elections in plete political and economic transformation. democracies most ready for closer ties with Bosnia and Herzegovina to take place meaning- (4) The United States continues to regard the NATO and should be designed to assist other fully so long as key war criminals, including political independence and territorial integrity countries meeting specified criteria of eligibility Karadzic and Mladic, remain at large and able of all emerging democracies in Central and East- to move forward toward eventual NATO mem- to influence political and military developments; ern Europe as vital to European peace and secu- bership. (15) On June 6, 1996, the President of the rity. (18) The Congress of the United States finds in International Criminal Tribunal, declaring that (5) The active involvement by the countries of particular that Poland, Hungary, the Czech Re- the Federal Republic of Yugoslavia’s failure to Central and Eastern Europe has made the Part- public, and Slovenia have made significant extradite indicted war criminals is a blatant vio- nership for Peace program an important forum progress toward achieving the stated criteria lation of the Peace Agreement and of United to foster cooperation between NATO and those and should be eligible for the additional assist- Nations Security Council Resolutions, called on countries seeking NATO membership. ance described in this Act. the High Representative to reimpose economic (6) NATO has enlarged its membership on 3 (19) The evaluation of future membership in sanctions on the so-called Republika Srpska and different occasions since 1949. NATO for emerging democracies in Central and on the Federal Republic of Yugoslavia (Serbia (7) Congress supports the admission of quali- Eastern Europe should be based on the progress and Montenegro); and fied new members to NATO and the European of those nations in meeting criteria for NATO (16) The apprehension and prosecution of in- Union at an early date and has sought to facili- membership, which require enhancement of dicted war criminals is essential for peace and tate the admission of qualified new members NATO’s security and the approval of all NATO reconciliation to be achieved and democracy to into NATO. members. be established throughout Bosnia and (8) As new members of NATO assume the re- (20) The process of NATO enlargement entails Herzegovina. sponsibilities of Alliance membership, the costs the agreement of the governments of all NATO (b) SENSE OF THE SENATE.—It is the sense of of maintaining stability in Europe should be members in accordance with Article 10 of the the Senate that— shared more widely. Facilitation of the enlarge- Washington Treaty. (1) the Senate finds that the International ment process will require current members of (21) Some NATO members, such as Spain and Criminal Tribunal for the former Yugoslavia NATO, and the United States in particular, to Norway, do not allow the deployment of nuclear merits continued and increased United States demonstrate the political will needed to build on weapons on their territory although they are ac- support for its efforts to investigate and bring to successful ongoing programs such as the War- corded the full collective security guarantees justice the perpetrators of gross violations of saw Initiative and the Partnership for Peace by provided by article V of the Washington treaty. international law in the former Yugoslavia; making available the resources necessary to sup- There is no prior requirement for the stationing (2) the President of the United States should plement efforts prospective new members are of nuclear weapons on the territory of new support the request of the President of the Inter- themselves undertaking. NATO members, particularly in the current se- national Criminal Tribunal for the former Yugo- (9) New members will be full members of the curity climate, however NATO retains the right slavia for the High Representative to reimpose Alliance, enjoying all rights and assuming all to alter its security posture at any time as cir- full economic sanctions on the Federal Republic the obligations under the Washington Treaty. cumstances warrant. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8963 SEC. 603. UNITED STATES POLICY. ceive assistance under the program established with such countries options for the sale or lease It is the policy of the United States— under section 203(a) of such Act. to such countries of weapons systems compatible (1) to join with the NATO allies of the United SEC. 607. AUTHORIZATION OF APPROPRIATIONS with those used by NATO members, including States to adapt the role of the NATO Alliance in FOR NATO ENLARGEMENT ASSIST- air defense systems, advanced fighter aircraft, the post-Cold War world; ANCE. and telecommunications infrastructure. (2) to actively assist the emerging democracies (a) IN GENERAL.—There are authorized to be SEC. 611. TERMINATION OF ELIGIBILITY. in Central and Eastern Europe in their transi- appropriated $60,000,000 for fiscal year 1997 for Section 203(f) of the NATO Participation Act tion so that such countries may eventually qual- the program established under section 203(a) of of 1994 (title II of Public Law 103–447; 22 U.S.C. ify for NATO membership; and the NATO Participation Act of 1994. 1928 note) is amended to read as follows: (3) to work to define a constructive and coop- (b) AVAILABILITY.—Of the funds authorized to ‘‘(f) TERMINATION OF ELIGIBILITY.—(1) The erative political and security relationship be- be appropriated by subsection (a)— eligibility of a country designated under sub- tween an enlarged NATO and the Russian Fed- (1) not less than $20,000,000 shall be available section (d) for the program established in sub- eration. for the subsidy cost, as defined in section 502(5) section (a) shall terminate 30 days after the SEC. 604. SENSE OF THE CONGRESS REGARDING of the Credit Reform Act of 1990, of direct loans President makes a certification under paragraph FURTHER ENLARGEMENT OF NATO. pursuant to the authority of section 203(c)(4) of (2) unless, within the 30-day period, the Con- It is the sense of the Congress that in order to the NATO Participation Act of 1994 (relating to gress enacts a joint resolution disapproving the promote economic stability and security in Slo- the ‘‘Foreign Military Financing Program’’); termination of eligibility. vakia, Estonia, Latvia, Lithuania, Romania, (2) not less than $30,000,000 shall be available ‘‘(2) Whenever the President determines that Bulgaria, Albania, Moldova, and Ukraine— for assistance on a grant basis pursuant to the the government of a country designated under (1) the United States should continue and ex- authority of section 203(c)(4) of the NATO Par- subsection (d)— pand its support for the full and active partici- ticipation Act of 1994 (relating to the ‘‘Foreign ‘‘(A) no longer meets the criteria set forth in pation of these countries in activities appro- Military Financing Program’’); and subsection (d)(2)(A); priate for qualifying for NATO membership; (3) not more than $10,000,000 shall be available ‘‘(B) is hostile to the NATO Alliance; or (2) the United States Government should use for assistance pursuant to the authority of sec- ‘‘(C) poses a national security threat to the all diplomatic means available to press the Eu- tion 203(c)(3) of the NATO Participation Act of United States, ropean Union to admit as soon as possible any 1994 (relating to international military edu- then the President shall so certify to the appro- country which qualifies for membership; cation and training). priate congressional committees. (3) the United States Government and the (c) RULE OF CONSTRUCTION.—Amounts au- ‘‘(3) Nothing in this title affects the eligibility North Atlantic Treaty Organization should con- thorized to be appropriated under this section of countries to participate under other provi- tinue and expand their support for military ex- are authorized to be appropriated in addition to sions of law in programs described in this Act.’’. ercises and peacekeeping initiatives between and such amounts as otherwise may be available for SEC. 612. AMENDMENTS TO THE NATO PARTICIPA- among these nations, nations of the North At- such purposes. TION ACT. lantic Treaty Organization, and Russia; and SEC. 608. REGIONAL AIRSPACE INITIATIVE AND (a) CONFORMING AMENDMENT.—The NATO (4) the process of enlarging NATO to include PARTNERSHIP FOR PEACE INFORMA- Participation Act of 1994 (title II of Public Law emerging democracies in Central and Eastern TION MANAGEMENT SYSTEM. 103–447; 22 U.S.C. 1928 note) is amended in sec- Europe should not be limited to consideration of (a) IN GENERAL.—Funds described in sub- tions 203(a), 203(d)(1), and 203(d)(2) by striking admitting Poland, Hungary, the Czech Repub- section (b) are authorized to be made available ‘‘countries emerging from communist domina- lic, and Slovenia as full members to the NATO to support the implementation of the Regional tion’’ each place it appears and inserting Alliance. Airspace Initiative and the Partnership for ‘‘emerging democracies in Central and Eastern Peace Information Management System, includ- SEC. 605. SENSE OF THE CONGRESS REGARDING Europe’’. ESTONIA, LATVIA, AND LITHUANIA. ing— (b) DEFINITIONS.—The NATO Participation In view of the forcible incorporation of Esto- (1) the procurement of items in support of Act of 1994 (title II of Public Law 103–446; 22 nia, Latvia, Lithuania into the Soviet Union in these programs; and U.S.C. 1928 note) is amended by adding at the 1940 under the Molotov-Ribbentrop Pact and the (2) the transfer of such items to countries par- end the following new section: ticipating in these programs, which may include refusal of the United States and other countries ‘‘SEC. 206. DEFINITIONS. Poland, Hungary, the Czech Republic, Slovenia, to recognize that incorporation for over 50 ‘‘The term ‘emerging democracies in Central Slovakia, Estonia, Latvia, Lithuania, Romania, years, it is the sense of the Congress that— and Eastern Europe’ includes, but is not limited Bulgaria, Moldova, Ukraine, and Albania. (1) Estonia, Latvia, and Lithuania have valid to, Albania, Bulgaria, the Czech Republic, Esto- (b) FUNDS DESCRIBED.—Funds described in historical security concerns that must be taken nia, Hungary, Latvia, Lithuania, Moldova, Po- this subsection are funds that are available— into account by the United States; and land, Romania, Slovakia, Slovenia, and (1) during any fiscal year under the NATO (2) Estonia, Latvia, and Lithuania should not Ukraine.’’. be disadvantaged in seeking to join NATO by Participation Act of 1994 with respect to coun- tries eligible for assistance under that Act; or SEC. 613. DEFINITIONS. virtue of their forcible incorporation into the So- As used in this title: viet Union. (2) during fiscal year 1997 under any Act to carry out the Warsaw Initiative. (1) EMERGING DEMOCRACIES IN CENTRAL AND SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE EASTERN EUROPE.—The term ‘‘emerging democ- FOR NATO ENLARGEMENT ASSIST- SEC. 609. EXCESS DEFENSE ARTICLES. racies in Central and Eastern Europe’’ includes, ANCE. (a) PRIORITY DELIVERY.—Notwithstanding but is not limited to, Albania, Bulgaria, the (a) IN GENERAL.—The following countries are any other provision of law, the provision and Czech Republic, Estonia, Hungary, Latvia, designated as eligible to receive assistance under delivery of excess defense articles under the au- Lithuania, Moldova, Poland, Romania, Slo- the program established under section 203(a) of thority of section 203(c) (1) and (2) of the NATO vakia, Slovenia, and Ukraine. the NATO Participation Act of 1994 and shall be Participation Act of 1994 and section 516 of the (2) NATO.—The term ‘‘NATO’’ means the deemed to have been so designated pursuant to Foreign Assistance Act of 1961 shall be given North Atlantic Treaty Organization. priority to the maximum extent feasible over the section 203(d) of such Act: Poland, Hungary, TITLE VII—MIDDLE EAST DEVELOPMENT provision and delivery of such excess defense ar- the Czech Republic, and Slovenia. BANK (b) DESIGNATION OF OTHER COUNTRIES.—The ticles to all other countries except those coun- President shall designate other emerging democ- tries referred to in section 541 of the Foreign Op- SEC. 701. SHORT TITLE. racies in Central and Eastern Europe as eligible erations, Export Financing, and Related Pro- This title may be cited as the ‘‘Bank for Eco- to receive assistance under the program estab- grams Appropriations Act, 1995 (Public Law nomic Cooperation and Development in the Mid- lished under section 203(a) of such Act if such 103–306; 108 Stat. 1640). dle East and North Africa Act’’. countries— (b) COOPERATIVE REGIONAL PEACEKEEPING SEC. 702. ACCEPTANCE OF MEMBERSHIP. (1) have expressed a clear desire to join INITIATIVES.—The Congress encourages the The President is hereby authorized to accept NATO; President to provide excess defense articles and membership for the United States in the Bank (2) have begun an individualized dialogue other appropriate assistance to cooperative re- for Economic Cooperation and Development in with NATO in preparation for accession; gional peacekeeping initiatives involving emerg- the Middle East and North Africa (in this title (3) are strategically significant to an effective ing democracies in Central and Eastern Europe referred to as the ‘‘Bank’’) provided for by the NATO defense; and that have expressed an interest in joining NATO agreement establishing the Bank (in this title re- (4) meet the other criteria outlined in section in order to enhance their ability to contribute to ferred to as the ‘‘Agreement’’), signed on May 203(d) of the NATO Participation Act of 1994 European peace and security and international 31, 1996. (title II of Public Law 103–447; 22 U.S.C. 1928 peacekeeping efforts. SEC. 703. GOVERNOR AND ALTERNATE GOV- note). SEC. 610. MODERNIZATION OF DEFENSE CAPABIL- ERNOR. (c) RULE OF CONSTRUCTION.—Subsection (a) ITY. (a) APPOINTMENT.—At the inaugural meeting does not preclude the designation by the Presi- The Congress endorses efforts by the United of the Board of Governors of the Bank, the Gov- dent of Estonia, Latvia, Lithuania, Romania, States to modernize the defense capability of Po- ernor and the alternate for the Governor of the Slovakia, Bulgaria, Albania, Moldova, Ukraine, land, Hungary, the Czech Republic, Slovenia, International Bank for Reconstruction and De- or any other emerging democracy in Central and and any other countries designated by the velopment, appointed pursuant to section 3 of Eastern Europe pursuant to section 203(d) of the President pursuant to section 203(d) of the the Bretton Woods Agreements Act, shall serve NATO Participation Act of 1994 as eligible to re- NATO Participation Act of 1994, by exploring ex-officio as a Governor and the alternate for S8964 CONGRESSIONAL RECORD — SENATE July 26, 1996 the Governor, respectively, of the Bank. The SION.—Any securities issued by the Bank (in- U.S. vital interests. The Camp David President, by and with the advice and consent cluding any guaranty by the Bank, whether or Accord commitments are in the bill. of the Senate, shall appoint a Governor of the not limited in scope) in connection with borrow- There is full funding for the NIS. The Bank and an alternate for the Governor. ing of funds, or the guarantee of securities as to New Independent States of the former (b) COMPENSATION.—Any person who serves both principal and interest, shall be deemed to Soviet Union are earmarked for as a governor of the Bank or as an alternate for be exempted securities within the meaning of the Governor may not receive any salary or section 3(a)(2) of the Securities Act of 1933 and Ukraine, Armenia, and Georgia, and other compensation from the United States by section 3(a)(12) of the Securities Exchange Act there is a significant commitment to reason of such service. of 1934. The Bank shall file with the Securities nuclear safety improvements in SEC. 704. APPLICABILITY OF CERTAIN PROVI- and Exchange Commission such annual and Ukraine. As a result of the amendment SIONS OF THE BRETTON WOODS other reports with regard to such securities as of the occupant of the Chair, there is AGREEMENTS ACT. the Commission shall determine to be appro- Section 4 of the Bretton Woods Agreements full funding for our narcotics effort. priate in view of the special character of the NATO expansion—we are taking fur- Act shall apply to the Bank in the same manner Bank and its operations and necessary in the in which such section applies to the Inter- ther steps down the road to NATO ex- public interest or for the protection of investors. national Bank for Reconstruction and Develop- pansion not only with the provisions in (b) AUTHORITY OF SECURITIES AND EXCHANGE ment and the International Monetary Fund. COMMISSION TO SUSPEND EXEMPTION; REPORTS the underlying bill but also with the SEC. 705. FEDERAL RESERVE BANKS AS DEPOSI- TO THE CONGRESS.—The Securities and Ex- amendment of Senator BROWN last TORIES. change Commission, acting in consultation with night which designated Poland, Hun- Any Federal Reserve Bank which is requested such agency or officer as the President shall to do so by the Bank may act as its depository, gary, and the Czech Republic eligible designate, may suspend the provisions of sub- or as its fiscal agent, and the Board of Gov- for $50 million, the transition fund section (a) at any time as to any or all securities ernors of the Federal Reserve System shall exer- which is part of the underlying original issued or guaranteed by the Bank during the cise general supervision over the carrying out of bill. So I think it is an important step period of such suspension. The Commission these functions. in the right direction. shall include in its annual reports to the Con- SEC. 706. SUBSCRIPTION OF STOCK. I thank in particular my long-time gress such information as it shall deem advis- (a) SUBSCRIPTION AUTHORITY.— able with regard to the operations and effect of assistant Robin Cleveland for her out- (1) IN GENERAL.—The Secretary of the Treas- standing work on this piece of legisla- ury may subscribe on behalf of the United this section. tion, and Jim BOND from the Appro- States to not more than 7,011,270 shares of the SEC. 710. TECHNICAL AMENDMENTS. capital stock of the Bank. (a) ANNUAL REPORT REQUIRED ON PARTICIPA- priations Committee who always does (2) EFFECTIVENESS OF SUBSCRIPTION COMMIT- TION OF THE UNITED STATES IN THE BANK.—Sec- an excellent job, and also Tim Rieser of MENT.—Any commitment to make such subscrip- tion 1701 (c)(2) of the International Financial the minority staff, who we always tion shall be effective only to such extent or in Institutions Act (22 U.S.C. 262r(c)(2)) is amend- enjoy working with, and certainly my such amounts as are provided for in advance by ed by inserting ‘‘Bank for Economic Coopera- friend and colleague Pat LEAHY who it appropriations Acts. tion and Development in the Middle East and is a pleasure to work with. I have en- (b) LIMITATIONS ON AUTHORIZATION OF AP- North Africa,’’ after ‘‘Inter-American Develop- joyed our association on this kind of ment Bank’’. PROPRIATIONS.—For payment by the Secretary legislation over the last few years, and of the Treasury of the subscription of the United (b) EXEMPTION FROM LIMITATIONS AND RE- States for shares described in subsection (a), STRICTIONS ON POWER OF NATIONAL, BANKING I look forward to working with him in there are authorized to be appropriated ASSOCIATIONS TO DEAL IN AND UNDERWRITE IN- the future on it. $1,050,007,800 without fiscal year limitation. VESTMENT SECURITIES OF THE BANK.—The sev- Mr. President, I yield the floor. (c) LIMITATIONS ON OBLIGATION OF APPRO- enth sentence of paragraph 7 of section 5136 of Mr. LEAHY addressed the Chair. PRIATED AMOUNTS FOR SHARES OF CAPITAL the Revised Statutes of the United States (12 The PRESIDING OFFICER. The STOCK.— U.S.C. 24) is amended by inserting ‘‘Bank for Chair recognizes the Senator from Ver- (1) PAID-IN CAPITAL STOCK.— Economic Cooperation and Development in the mont. (A) IN GENERAL.—Not more than $105,000,000 Middle East and North Africa,’’ after ‘‘the Mr. LEAHY. Mr. President, I con- of the amounts appropriated pursuant to sub- Inter-American Development Bank’’. gratulate the distinguished chairman section (b) may be obligated for subscription to (c) BENEFITS FOR UNITED STATES CITIZEN- shares of paid-in capital stock. in getting the foreign operations bill REPRESENTATIVES TO THE BANK.—Section 51 of through in record-setting time. For the (B) FISCAL YEAR 1997.—Not more than Public Law 91–599 (22 U.S.C. 276c–2) is amended $52,500,000 of the amounts appropriated pursu- by inserting ‘‘the Bank for Economic Coopera- last few years, even though we have ant to subsection (b) for fiscal year 1997 may be tion and Development in the Middle East and had to work without an authorizing obligated for subscription to shares of paid-in North Africa,’’ after ‘‘the Inter-American Devel- bill, we have moved this bill through capital stock. opment Bank,’’. each year in record time. I appreciate (2) CALLABLE CAPITAL STOCK.—Not more than This Act may be cited as the ‘‘Foreign Op- the fact that he has had a strong com- $787,505,852 of the amounts appropriated pursu- erations, Export Financing, and Related Pro- ant to subsection (b) may be obligated for sub- mitment to our responsibilities world- grams Appropriations Act, 1997’’. wide. scription to shares of callable capital stock. Mr. McCONNELL. Mr. President, I (d) DISPOSITION OF NET INCOME DISTRIBU- I worry that at a time—as I said ear- TIONS BY THE BANK.—Any payment made to the move to reconsider the vote by which lier, when it is so easy to get the quick United States by the Bank as a distribution of the bill, as amended, was passed. applause lines back home for Members net income shall be covered into the Treasury as Mr. INOUYE. I move to lay that mo- of Congress—when they say, ‘‘Well, by a miscellaneous receipt. tion on the table. gosh. I will never send money to for- SEC. 707. JURISDICTION AND VENUE OF CIVIL AC- The motion to lay on the table was eign countries,’’ or, ‘‘We are only going TIONS BY OR AGAINST THE BANK. agreed to. to spend it here at home,’’ that really (a) JURISDICTION.—The United States district Mr. McCONNELL. Mr. President, I courts shall have original and exclusive jurisdic- what they are saying is that we are not tion of any civil action brought in the United move that the Senate insist on its going to develop our export markets States by or against the Bank. amendment, request a conference with worldwide; we are not going to help es- (b) VENUE.—For purposes of section 1391(b) of the House on the disagreeing votes, and tablish democracy so we do not have to title 28, United States Code, the Bank shall be the Chair be authorized to appoint con- send our men and women into harm’s deemed to be a resident of the judicial district in ferees on the part of the Senate. way to protect American interests which the principal office of the Bank in the The motion was agreed to, and the when democracy fails; and that we as United States, or its agent appointed for the Presiding Officer (Mr. COVERDELL) ap- purpose of accepting service or notice of service, the most wealthy nation history has pointed Mr. MCCONNELL, Mr. SPECTER, is located. never known we are not going to carry Mr. MACK, Mr. JEFFORDS, Mr. GREGG, SEC. 708. EFFECTIVENESS OF AGREEMENT. out our moral responsibility to help The Agreement shall have full force and effect Mr. SHELBY, Mr. BENNETT, Mr. HAT- those who are less fortunate. in the United States, its territories and posses- FIELD, Mr. LEAHY, Mr. INOUYE, Mr. I think next year the President, who- sions, and the Commonwealth of Puerto Rico, LAUTENBERG, Mr. HARKIN, Ms. MIKUL- ever that may be, and the leaders of upon acceptance of membership by the United SKI, Mrs. MURRAY, and Mr. BYRD con- this committee and the House commit- States in the Bank and the entry into force of ferees on the part of the Senate. tee, the leaders of the Senate and the the Agreement. Mr. McCONNELL. Mr. President, let House, whoever they may be, ought to SEC. 709. EXEMPTION FROM SECURITIES LAWS me take a couple of minutes. I will sit down and honestly face the whole FOR CERTAIN SECURITIES ISSUED BY THE BANK; REPORTS REQUIRED. take my 2 minutes now. question of what our foreign assistance (a) EXEMPTION FROM SECURITIES LAWS; RE- Mr. President, I think the bill we just programs should consist of as we enter PORTS TO SECURITIES AND EXCHANGE COMMIS- passed by an overwhelming vote serves the next century. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8965

Senator MCCONNELL has taken a very what do we stand for? Are we really get their bills through in 3 hours or progressive attitude as he always has living up to our responsibility to help less on the appropriations committees, on this. Many others want to make it a ease the suffering of the billion or I think they did an excellent job. They political kickball. I hope after the elec- more people who go hungry every day? did take 16 hours and 15 minutes, which tions that enough people in both par- As appropriators we have done the is pretty good considering the long his- ties would sit down to form a biparti- very best we could with the resources tory on foreign operations appropria- san consensus, which is always the best and the allocation we had. We have tions bills. There were 11 rollcall votes. way to develop foreign policy, and de- really tried to be responsible in all of So the Senate is certainly working termine how we should spend our these areas. But sooner or later, we are and producing results, and I thank money. going to have to sit down and ask, can these two Senators and all Senators for It should not escape the notice of we year after year continue to cut their cooperation and their work in Members that over a dozen countries these programs? Not if we expect to completing the foreign operations ap- spend a larger percentage of their preserve or influence in the world as a propriations bill. budget on foreign aid and foreign pol- protector of democracy and human I might say the Senate now, I be- icy than we do. Many of these coun- rights, not if we expect to see our econ- lieve, has completed action on five ap- tries face difficult budgetary problems omy grow, not if we expect to alleviate propriations bills. We are ready to as we do. Some actually spend more some of the misery in the world. begin on the sixth one. I see the Sen- dollars; Japan, for example. Some of With that, Mr. President, I will yield, ator from New Mexico is ready to go. I these countries do it out of altruism but I do thank not only my distin- understand that the order of last night but most do not. Most of them do it out guished colleague from Kentucky but provided that the Senate is now to of hard-eyed realism. They know that also Robin Cleveland, who he men- begin consideration of the energy and the money they spend is helping to cre- tioned and whose willingness to work water appropriations bill. The man- ate jobs and, frankly, Mr. President, I in a bipartisan way with my staff was agers have indicated that they would would expect that there are those in a very appreciated, and Jim Bond, the anticipate amendments to be offered to country like Japan which relies heav- clerk of the Foreign Operations Sub- that bill today. Therefore, I will an- ily on exports who are delighted to see committee, who I have worked with nounce that additional rollcall votes the United States withdrawing from now for 22 years in the Senate and for can be expected today unless an agree- the world stage because they know whom I have great respect and appre- ment can be reached to limit the what is going to happen. But the re- ciation. I also want to mention Juanita amendments to the energy and water ality is that it is in everyone’s inter- Rilling of the Committee staff, who has appropriations bill. est, both ours and our allies, for the been an especially strong voice for pro- Also, it is my intent and hope that a United States, the world’s oldest de- tecting programs that benefit needy similar agreement can be reached with mocracy, the world’s strongest mili- women and children; Anne Bordonaro, respect to the legislative appropria- tary power, and the world’s largest a Vermont intern from South Bur- tions bill for Monday, thereby allowing economy, to remain actively engaged. lington who has been assisting the For- all votes to be set at 10 a.m. on Tues- It is the American workers who will eign Operations Subcommittee this day. So all Senators are urged to co- be laid off because exports decline. It summer, and Emelie East, who is a operate in formulating that agreement. will be Americans who will be a greater member of the Appropriations Commit- If we can do that, we could work today burden on their Government because tee staff and manages the affairs of on energy and water, Monday on the the jobs leave our shores. Our competi- four different subcommittees; and the legislative appropriations bill, and tors will increase their foreign markets man who does the work of 20, Tim then have them both completed with because they have taken an interest in Rieser, who has worked on everything the votes at 10 a.m. on Tuesday. foreign aid and they have created jobs from the landmine ban to trying to I hope all Senators who intend to in the developing countries—in Asia, make sure that we are responsible in offer amendments to the energy and Latin America, and we are seeing the what we do. Tim, who does the work on water appropriations bill will do so as beginnings of a potentially huge mar- our side of the authorizing and appro- early as possible today so that we can ket in Africa. Our markets in Europe priating committees, and does it on 20- complete action, advise the Members and the First World are very saturated. hour days, deserves credit and our what they can expect on the bill, and If we are going to expand out exports, thanks. He is typical of many on our then move on to the remaining appro- it is going to be in the Third World, Senate staffs on both sides who are the priations bills. where 95 percent of new births are oc- unsung heroes who make this place Mr. President, I yield the floor to the curring. work. I also want to thank several chairman of the energy and water ap- So that is the nonaltruistic argu- other staff members on our side who propriations bill. ment. If we want to look at just dollars helped along the way, including Dick f and cents, I hope that those who go D’AMATO of the Appropriations Com- ENERGY AND WATER DEVELOP- home and make the great speeches and mittee staff whose expertise in trade MENT APPROPRIATIONS ACT, get the applause for cutting foreign aid issues was very helpful, and who 1997 will also at the same time say, oh, and worked hard to ensure that humani- by the way, that plant that once ex- tarian assistance can get to needly peo- The PRESIDING OFFICER. Under ported tractors that just closed and ple in Azerbaijan. Diana Olbaum of the the previous order, the Senate will now those 500 workers who are without jobs, Foreign Relations Committee staff was proceed to the consideration of S. 1959, I helped that, too. I helped close that as always a great help, as was Janice which the clerk will report. plant. I helped shut off our access to O’Connell, and Sheila Murphy of the The bill clerk read as follows: markets worldwide, because that is majority leader’s office. A bill (S. 1959) making appropriations for really what they do. I see the distinguished majority lead- energy and water development for the fiscal Then ultimately we should ask our- er on the floor, and I yield the floor. year ending September 30, 1997, and for other selves the moral question. We in this The PRESIDING OFFICER. The purposes. country spend a few pennies per capita Chair recognizes the majority leader. The Senate proceeded to consider the in some of the poorest parts of the Mr. LOTT. Mr. President, I extend bill. world such as sub-Saharan Africa, a my appreciation to the distinguished The PRESIDING OFFICER. The few pennies per capita even though we Senator from Kentucky [Mr. MCCON- Chair recognizes the Senator from New are the wealthiest nation on Earth. We NELL], for the outstanding work he did Mexico. are less than 5 percent of the world’s in managing this bill, and also to the Mr. DOMENICI. Mr. President, I sug- population, but we use a quarter of the Senator from Vermont, who is always gest the absence of a quorum for just a world’s resources. We have a moral re- ready to go to work and do the job. moment until Senator JOHNSTON ar- sponsibility. In this bill, when we cut They indicated they could do it in a rives. everything from UNICEF to assistance reasonable period of time, and while I The PRESIDING OFFICER. The for refugees, we should ask ourselves: like for the subcommittee chairmen to clerk will call the roll. S8966 CONGRESSIONAL RECORD — SENATE July 26, 1996 The bill clerk proceeded to call the ence and the health and viability of major appropriations items, as well as roll. much of that State’s Federal presence. the amounts recommended, so I will Mr. DOMENICI. Mr. President, I ask The Federal presence in the State of not undertake to repeat and elaborate unanimous consent that the order for New Mexico is rather overwhelming on the numerous recommendations. In- the quorum call be rescinded. and would not have been such an over- stead I will just have a few brief re- The PRESIDING OFFICER (Mr. whelming presence but for Senator marks summarizing the bill. MITH S ). Without objection, it is so or- PETE DOMENICI. We have worked to- PURPOSE OF THE BILL dered. gether to make that so, and it is in the The bill supplies funds for water re- Mr. DOMENICI. Mr. President, I first Nation’s interest. The national labs, sources development programs and re- wish to thank the distinguished major- particularly, are an American resource lated activities, of the Department of ity leader for scheduling our bill this that needs to be nurtured and used and the Army, civil functions—U.S. Army morning. It is obvious that we are try- developed and continued for the benefit Corps of Engineers’ Civil Works Pro- ing on our side to get as many appro- of this country. So we are very pleased gram in title I; for the Department of priations bills through as possible. This for that. will be another of those bills, and it is the Interior’s Bureau of Reclamation Also, since this is my last time to in title II; for the Department of Ener- important that we get this one done. manage this bill for the minority, I As I understand it, for those Senators gy’s energy research activties—except would like to mention the longstanding or staffers informing Senators who are for fossil fuel programs and certain relationship I have with the chairman listening, it is the intention of the conservation and regulatory func- of the full committee, Senator HAT- leader that we proceed and that there tions—including atomic energy defense FIELD, who was the chairman of this be votes today. However, there is an al- activities in title III; and for related subcommittee and the ranking mem- ternative being circulated, and that is independent agencies and commissions, ber. We would trade off on those roles if you would give us the amendments, including the Appalachian Regional every time the Congress would change. at least by name, we could agree on Commission and Appalachian regional That was a very productive and most what all the amendments are shortly. development programs, the Nuclear pleasant relationship as well. So this Then we would urge consent that there Regulatory Commission, and the Ten- committee and its staff and its work not be votes today and that the amend- nessee Valley Authority in title V. are some of the most pleasant and ments will be offered the remainder of 602(B) ALLOCATION FOR THE BILL most productive times I have had in the day and part of Monday, which I The Energy and Water Development this Congress. I thank all for giving me think is a very good approach. But we Subcommittee allocation under section that chance. 602(b)(1) of the budget act total would like to know what the amend- Mr. President, I am pleased to join $20,308,000,000 in budget authority and ments are today, and that is what we with the senior Senator from New Mex- are circulating in the Cloakrooms and $20,202,000,000 in outlays for fiscal year ico [Mr. DOMENICI] in presenting to the 1997. Of these amounts the Defense dis- on the hot lines. Senate the Energy and Water Develop- Mr. President, first, I note the pres- cretionary allocation is $11,600,000,000 ment appropriation bill for the fiscal ence of Senator BENNETT JOHNSTON, in budget authority and $11,233,000,000 year 1997 beginning October 1, 1996. who for 22 years either chaired or in outlays. For domestic discretionary This bill, S. 1959, an original bill re- served on this subcommittee, and, the budget authority allocation is ported by the committee on July 16, frankly, I take over the chairmanship $8,708,000,000 and the allocation for out- 1996, was approved by a unanimous with full understanding that I have a lays is $8,969,000,000. The committee vote. Yesterday, the House of Rep- great deal to learn about the intrica- recommendation uses all of the budget resentatives passed H.R. 3816. The cies of the Department of Energy, its authority allocation in both cat- markups in the House and Senate sub- accounts and all of its various func- egories, so there is no room for add-ons committees and committees occurred tions, and certainly the Corps of Engi- to the bill. Therefore, any amendments simultaneously, rather than our nor- neers and the Bureau of Reclamation, to add will have to be offset by reduc- mal process or House acting first and which are two very major institutions tions from within the bill. out there in America that do a lot of our waiting receipt of the House bill. At the outset, I want to commend the SUMMARY OF RECOMMENDATIONS good and are frequently criticized, but Mr. President, the fiscal year 1997 I believe both are doing a very excel- chairman of the subcommittee, Sen- ator DOMENICI. He has done an excel- budget estimates for the bill total lent job in terms of projects and pro- $20,648,952,000 in new budget grams they are undertaking. But, es- lent job in putting this bill together, under very difficult budgetary con- obligational authority. The rec- sentially, Senator JOHNSTON has taken ommendation of the committee pro- the lead in many important aspects of straints and circumstances. He is an outstanding Member of the Senate and vides $20,735,645,000. This amount is building science and research through $86,693,000 over the President’s budget the Department of Energy, and he has I am pleased to work with him in con- nection with this bill and on other estimates and about $800 million over been an advocate of keeping our nu- the appropriations amounts for the clear arsenal safe, sound and respon- matters. I also want to thank the distin- current fiscal year 1996. The large in- sive, and much of that occurs by virtue creases in the bill over last year are of the policies in this bill and the guished Senator from Oregon, Senator HATFIELD, the chairman of the full principally associated with the Defense money appropriated. Since this is his activities and related Defense pro- last undertaking on the floor for this Committee on Appropriations. Senator HATFIELD and I had probably one of the grams—what we refer to at 050 national bill, I would like to yield to him for his defense accounts. Domestic discre- opening remarks, and then I will follow longest running twosomes in the Ap- propriation Committee on the Energy tionary spending continues to decline with some. especially in the Department of Energy I yield the floor. and Water Subcommittee, I having The PRESIDING OFFICER. The Sen- chaired on and off for a number of domestic discretionary functions. ator from Louisiana. years, and Senator HATFIELD having Mr. President, I will briefly summa- Mr. JOHNSTON. Mr. President, I chaired on and off for a number of rize the major recommendations pro- very much appreciate the very warm years, and having rotated as ranking vided in the bill. All the details and and generous remarks of my colleague minority member. We. always shared a figures are, of course, included in the from New Mexico. While he is new in productive, pleasant, bipartisan, and Committee Report No. 104–320, accom- the chairmanship on this committee, always, I think, the kind of relation- panying the bill, which has been avail- he is not new to the committee. We ship that Senators seek and glory in able since July 17. have worked side by side for all of when it is present. I treasure his TITLE I, ARMY CORPS OF ENGINEERS these 22 years, because New Mexico, of friendship and appreciate the coopera- First, under title I of the bill which course, has a very vital interest in the tion and assistance given to me. provides appropriations for the Depart- work of this committee. Mr. President, the Senator from New ment of the Army Civil Works Pro- The State of New Mexico can thank Mexico has presented the committee gram, U.S. Army Corps of Engineers, Senator PETE DOMENICI for the pres- recommendations and explained the the recommendation is for a total of July 26, 1996 CONGRESSIONAL RECORD — SENATE S8967 new budget authority of $3,455,623,000, A net appropriation of $159.8 million will not take but a few moments—the which is $89 million over fiscal year is provided for solar programs, includ- distinguished majority leader has indi- 1996 and $163 million more than the ing photovoltaics, wind, and biomass cated we will have votes. We know of a budget estimate. and for all solar and renewable energy, couple of amendments. We can call The committee received a large num- $246.6 million, a decrease of about $20 Senator JEFFORDS, and there are a cou- ber of requests for various water devel- million less than fiscal year 1996. ple of others around. What we are try- opment projects including many re- For nuclear energy programs, $229.7 ing to do now, and it is being worked quests for new construction starts. million is recommended, of which through the offices and I urge Sen- However, as the chairman has stated, about $100 million is for termination ators’ offices to help us, if we want to due to the limited budgetary resources, costs and activities associated with get a unanimous consent that we are the committee could not provide fund- previous decisions ending support for not going to have any votes today, ing for each and every project re- several activities and projects. The rec- then we need to know what amend- quested. The committee recommenda- ommendation includes $22 million in ments are going to be proposed to this tion does include a small number of funds to continue the advanced light bill. That is what we are waiting for. I new studies and planning starts but no water reactor cost-shared program and once again urge that, and we will be new construction starts. The commit- the committee has provided funds here and will be ready to vote on an tee has deferred without prejudice new under termination costs to wind up the amendment that might be offered here construction starts and hopes to fash- first-of-a-kind engineering program. shortly. ion a small package of new projects be- For the magnetic fusion program, the Mr. President, I am pleased to bring fore this bill is completed. Because of committee is recommending $240 mil- to the floor S. 1959, the energy and the importance of some of these lion, which is $15 million less than the water development appropriation bill projects to the economic well-being of budget. An amount of $389 million is for fiscal year 1996 for consideration by the Nation, the committee will contin- included for biological and environ- the full Senate. The Energy and Water ued to monitor each projects progress mental research and $649.6 million for Development Appropriations Act is to ensure that it is ready to proceed to basic energy sciences. normally one of the first appropria- construction when resources become TITLE IV, REGULATORY AND OTHER tions bills considered by the Senate. available. As the committee report INDEPENDENT AGENCIES However, this year the House experi- points out, the committee rec- A total of $313 million for various enced some early delays because the ommendation does not agree with the regulatory and independent agencies of Energy and Water Development Sub- policies proposed by the administration the Federal Government is included in committee was provided with an allo- in its budget. the bill. Major programs include the cation that would appear on its face to TITLE II, DEPARTMENT OF THE INTERIOR Appalachian Regional Commission, be insufficient to take care of the man- For title II, Department of the Inte- $165 million; Nuclear Regulatory Com- dates of this bill. As a result, the Sen- rior Bureau of Reclamation, the rec- mission, $471.8 million offset by reve- ate Appropriations Committee took ommendation provides new budget au- nues of $457.3 million; and for the Ten- the unusual step of reporting an origi- thority of $852,788,000, which is $9 mil- nessee Valley Authority, $113 million. nal bill in order to speed consideration lion more than the budget estimate Mr. President, this is a good bill. I of this act. and about the same amount as for fis- wish there were additional amounts for I am pleased to report the House cal year 1996. domestic discretionary programs in our completed consideration of its Energy TITLE III, DEPARTMENT OF ENERGY allocation but that is not the case. A and Water Development Act earlier Under title III, Department of En- large number of good programs, yesterday and, indeed, additional re- ergy, the committee provides a total of projects and activities have been either sources were given to the committee $16.1 billion. This amount includes eliminated or reduced severely, be- from the first allocation that caused $2.750 billion for energy supply, re- cause of the allocation, but such action the delay. The Energy and Water Sub- search and development activities, an is required under the budget con- committee marked up the bill on July appropriation of $42.2 million for ura- straints we are facing. I hope the Sen- 11, and the full committee reported it nium supply and enrichment activities, ate will act favorably and expedi- by unanimous vote last Tuesday, July offset fully by gross revenues; $220.2 tiously in passing this bill so we can 16. The bill and report have been avail- million for the uranium enrichment de- get to conference with the House and able to Senators and their staffs since contamination and decommissioning thereafter send the bill to the White last Wednesday. fund, $1 billion for general science and House as soon as possible. I, first, thank the former chairman of research activities, $200 million from Mr. President, the big disappoint- the committee, as I already have, Sen- the nuclear waste disposal fund for a ment with this bill, as with other bills, ator JOHNSTON. I thank Senator HAT- total of $400 million for civilian nu- is the paucity of resources given to FIELD for his extraordinary work with clear waste activities when the $200 these most important functions of Gov- reference to this subcommittee and its million appropriated under the defense ernment. I think it is a real mistake to activities over all the years. activities is included, and $6.4 billion starve these functions, which are infra- I feel confident we have done a good for environmental restoration and structure, water projects, ports, har- job this year with the resources that waste management—defense and non- bors, flood protection, and water re- were made available. Indeed, with ref- defense. sources, which are the basis of the erence to the Department of Energy For the atomic energy defense activi- economy in much of our country. They and, in particular, the Department of ties, there is a total of $11.583 billion have been deferred and deferred and de- Energy’s efforts to continue the clean- comprised of $3.979 billion for weapons ferred, as well as the national labs and up in this country from the atomic activities; almost $6.0 billion for de- science endeavors, which are funded at, years and nuclear bomb development fense environmental restoration and I believe, much too low a level. I hope era, that has significant increases to waste management; $1.607 billion for in the next Congress we will find addi- continue that cleanup, but under a re- other defense programs and $200 mil- tional funds to do this. gime that is causing more work to be lion for defense nuclear waste disposal. In the meantime, I think we have done and the work to be done more effi- For departmental administration done a good job under the leadership of ciently. $218 million is recommended offset Senator DOMENICI in allocating these In addition, some new projects and with anticipated miscellaneous reve- scarce resources well. some additional money have been pro- nues of $125 million for a net appropria- With thanks to my chairman, I yield vided for the whole new concept that is tion of $93 million. A total of $245.6 the floor. now being used by the Department to million is recommended in the bill for The PRESIDING OFFICER. The Sen- maintain the safety of our nuclear the Power Marketing Administrations ator from New Mexico. weapons. That new stewardship, the and $146.3 million is for the Federal En- Mr. DOMENICI. Mr. President, I science-based stockpile stewardship ergy Regulatory Commission [FERC] want to repeat—Senator JOHNSTON has program, was a few years in develop- offset 100 percent by revenues. completed his opening statement; mine ment. It is now about 21⁄2 years old, but S8968 CONGRESSIONAL RECORD — SENATE July 26, 1996 it is receiving the full attention of the opportunity for this subcommittee, the Frankly, the U.S. Senate should three major laboratories that dealt Armed Services Committee, the Joint know that for all that is being said by with nuclear weapons and the nuclear Chiefs of Staff and other groups within some in America that we should not be deterrent threat. the executive branch, to make sure engaged in so many projects of flood It is also having its impact on other that it is being done right. protection and Bureau of Reclamation- facilities that we have in this country The Energy and Water Development type activities, the Senators and the to maintain our nuclear bombs in a Subcommittee funds are used not only States they represent seem to indicate safe and trustworthy manner. for the Department of Energy’s defense with a very loud voice that they need Some do not recognize, and perhaps activities, but, obviously, there are these projects. We received hundreds of they choose not even to think about it, three other major activities. The De- requests either to start projects or to but the Department of Energy, whether partment of Energy does some non- put more money in projects that we one likes the Department or not, is, in defense work, and we have to pay for have for these two online agencies of a sense, doing very major defense work that in this bill. Then we have the Bu- the U.S. Government. for America. They are the custodians reau of Reclamation and the Corps of The Corps of Engineers, in its civil of the nuclear weapons. We all know we Engineers. works program, has a budget authority are building down from a very high Let me suggest that we are operating in this bill of $3,455,623,000, as I indi- number to a much smaller number of on the nondefense side. We are operat- cated, an increase of $89 million. nuclear warheads. Since we have de- ing at a freeze level for the corps and Title II of the bill funds activities as- cided as a matter of national policy the Bureau. The Corps of Engineers, sociated with the Department of the that there will be no more underground nonetheless, in an overall macrosense, Interior’s Bureau of Reclamation and testing, we have decided that this new will increase $89 million. Energy supply the central Utah completion project. science-based stockpile stewardship and research, $22 million and high-en- Total funding recommended for these program will be the scientific source of ergy physics, $20 million. These are activities is $852,788,000. This is a re- evaluation of our residual nuclear programs and activities that are non- duction of a little over a half a million weapons, the ones we are going to defense oriented. dollars from the enacted level and Also, uranium supply enrichment, a keep, to make sure that they are safe about $8,900,000 above the budget re- minus $29 million; uranium enrichment and trustworthy. quest. decontamination and dismantling, a You know, the American military We still have a number of requests in minus $59 million; departmental ad- men from the Navy all the way both title I and title 2 with which we ministration, we have reduced that by through—it is those people out there have been unable to comply. I must say $149 million, $37 million more than the that we are worried about. It is for to Senators, consistent with a starting Department proposed when they sug- them that we want to make sure we rule, that we will have no new starts. gested $122 million should be saved at keep weapons in the highest quality of We have done our very best to be fair the administrative level of the Depart- maintenance. For they are the front ment. and equitable and I believe satisfied line and we want the weapons in their We have made some difficult deci- many of the requests. hands to be the very best, in terms of sions in the nondefense activities. I do not say that Senators request safety and trustworthiness and reli- While we have reduced popular pro- and we grant them their requests. ability. That is a big mission. grams such as solar and renewables, we These are projects that go through the So, in this bill, as in the defense au- have held the line on fusion, high-en- professionals in the Department and thorization bill, a significant new asset ergy physics, nuclear physics, and bio- actually are confirmed to us by them was added this year, a resource so that logical and environmental research, all as being worthwhile and the kind of the three major laboratories can con- very, very important functions for our things we ought to be doing. tinue to develop the technologies and Nation’s future. Obviously, there is much more I techniques and equipment that will be There are many who are not even could speak about of an exciting nature necessary to maintain these weapons aware that these are taking place with- that is going on in the science and re- without the benefit of the science and in the Department of Energy, but they search part of the Department of En- technology that would come from un- are, and they are programs that con- ergy. I have just touched the surface of derground testing, which is a very big tribute mightily to America’s basic it, but if there are amendments that undertaking. science and to the future of our Nation. address any of these projects or pro- Will it work? We hope so. The great- I am very hopeful that we can fund grams, we will spend additional time est scientists in America working at them adequately as we come out of with the Senate explaining why we the laboratories are bound and deter- conference with the House, although I think the levels of funding in this bill mined to make it work. In fact, they must say that the allocation of re- are appropriate and the activities that have committed to the Joint Chiefs of sources to the House subcommittee, we have recommended be funded are in Staff that it will work. The Joint both for nondefense and for defense ac- the best interest of the United States. Chiefs of Staff have, thus, approved tivities, is substantially lower than the As my ranking member and former this approach, but they have made it Senate’s. In fact the sum total by chairman said, a lot of this bill is in- very, very clear that they do not want which it is lower than ours is almost $1 vestment, either investment in the to abandon the test site in Nevada. billion—$900 million. A little over $200 water ports of this Nation or the infra- It must be maintained in a readied million of that is nondefense work and structure of water projects, reclama- posture, because if this new approach about $700 million is DOE defense tion projects, flood protection projects fails, we will have to verify and secure work. and a lot of it is an investment in the our weapons performance and trust- Since we have a firewall, we cannot Department of Energy, for when you worthiness through other means. move the money back and forth in this invest in nuclear physics, when you in- So at the same time we are moving bill between the defense allocation and vest in the highest science around to ahead in a new approach, we have to the nondefense allocation. So some determine what the atom is all about maintain some of the old. That costs a might want to offer an amendment to and what the physics of that is, you are little bit of extra money, but not an take something out of defense and put investing in the future of mankind and amount that this Senator believes our it in domestic. They should know that certainly in America’s future. taxpayers would not willingly pay if is subject to a point of order and will These kinds of funds do not stay in the issue is, since we must maintain a require 60 votes because it violates the Department, nor do they go exclu- nuclear arsenal, let’s make sure we what the U.S. Senate has agreed for sively to laboratories. Much of it goes maintain it in the best possible way in this year as a firewall between defense to the great universities and science terms of reliability, trustworthiness, spending and domestic. activities going on in this country. safety, and security. I am sure that as I could go on with a few more discus- So I am very proud of the bill. Let the Department of Energy moves sions of what we are doing here, but let me repeat, many Senators have through the next few years with this me just talk a minute further about stopped me on the floor and wanted to new approach, there will be plenty of the water resources projects. know if we are going to vote today. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8969 The answer is, there is a way that we managed to pass by an even more over- and back and back and back and back will not have any votes, and that is if whelming vote. I was joined by the until this issue is resolved and we Senators will cooperate, as they have Senator from Montana in that effort. strike the necessary legislation and been, and tell us whether they have He was very helpful in allowing us to put it into law, giving States control amendments. If they have amend- move forward on that legislation. It over their own borders. ments, we want to list them, and then passed the Senate in July of 1992 by a The legislation before the Senate is a we will be here part of today to accept vote of 89 to 2. We had addressed a bipartisan effort. I am being joined this any of them that Senators want to number of the objections that were morning by Senator LEVIN from Michi- offer. Then we will ask in a consent re- raised in the original legislation, gan, another importing State. I know a quest that on Monday, there also be an States that had particular and peculiar number of other Senators here have a opportunity for further offering of problems, and we even worked with the vested interest in this issue, and those amendments that we have agreed exporting States that were putting the whether they need to come to the floor to, with votes on Tuesday, is what I un- waste into play on an international to discuss this or not, I am not sure. I derstand on this bill. There may be basis, and satisfied a number of their am confident we can move forward. other votes on Monday, but on this demands. But, again, we want to make the point bill, I assume that is going to be the In other words, we achieved a bal- that this legislation is not going to go scenario. ance, a balance between the legitimate away. My effort is not going to go I yield the floor at this point, and I needs of those States that found State away. We are going to persist with this suggest the absence of a quorum. waste overwhelming their own environ- until we finalize this. The PRESIDING OFFICER. The mental plans to adequately dispose of This is an amendment, with due re- clerk will call the roll. their own waste to protect their envi- spect to the chairman and the ranking The bill clerk proceeded to call the ronment, and we addressed the needs of member of the Energy and Water Ap- the exporting States who needed some roll. propriations Subcommittee, this is an time to ratchet down their exports, Mr. COATS. Mr. President, I ask effort to try to attach it to somewhat out-of-State exports, and deal with unanimous consent that the order for relevant legislation so that we can get their waste on an intrastate basis. the quorum call be rescinded. it into conference and hopefully con- That accommodation resulted, as I The PRESIDING OFFICER. Without vince the conferees that this strongly said, in that vote in 1992. The support objection, it is so ordered. bipartisan, strongly supported effort, from the Senator from Montana was Mr. COATS. Mr. President, I came to after literally years of intense negotia- the Senate in January 1989. I was not critical to that success. Unfortunately, the House failed to tions—with importing States, export- here very long before I realized our act on that legislation, which brought ing States, all involved; waste haulers, State was facing a very difficult prob- us to the 103d Congress. In February all involved—we have reached a reason- lem with the sudden surge of the im- 1993, I again introduced the interstate able agreement that ought to be en- portation of out-of-State waste. Our waste bill, and after considerable nego- acted into law. capacity to dispose of our own waste tiations and work, we passed that bill I am offering it this morning along was quickly being filled to overflowing, in the Senate, the Coats-Baucus bill, in with my colleague from Michigan, Sen- and action needed to be taken. September 1994. In October, it passed ator LEVIN. We do strike an appro- The State of Indiana Legislature has the House and came to the waning days priate balance. What we are offering taken a number of steps to attempt to of the 103d Congress, and because of today is exactly the same legislation limit this flow of unwanted waste com- procedural reasons we needed unani- that the Senate has voted on in this ing from other States. Yet, each one of mous consent to proceed with that. We Congress and passed by a vote of 94 to their attempts was met by a court moved the legislation through the 6. In the interests of time and in the in- challenge, and a challenge that was House, through some very difficult ne- terests of Senators who I know are try- successful in that it said we were viola- gotiations, got 435 Members of the ing to make plans to travel back to tive of the interstate commerce clause House to agree to that, and we got 99 their States for this weekend, and to of the Constitution. Members of the U.S. Senate to agree. move this appropriations bill forward, I In reviewing the court opinions on Unfortunately, we could not get that am going to limit my remarks to this, that subject, we discovered the court last vote. Because we needed all 100 and unless I need to respond to questions or said if the Congress specifically and af- needed unanimous consent to proceed opposition raised on this particular firmatively grants States the author- to the legislation, it failed. legislation. ity to regulate its flow of out-of-State Then the 104th Congress came, and in I thank the chairman for his toler- waste, then it would meet constitu- March 1995 I reintroduced the legisla- ance and willingness and his support in tional muster. So, I then proceeded to tion. In May, on May 16, 1995, on my this effort to, once again, move this offer legislation on that subject to find birthday—I do not think it was a birth- legislation. I yield the floor. a solution to not only our problem but day present from the Senate to me, but Mr. DOMENICI. Mr. President, I a number of importing States’ prob- it happened to fall on that particular know Senator LEVIN wants to speak to lems throughout the country. date—the Senate passed that new legis- this very important legislation. That was a contentious issue at the lation by a vote of 94 to 6. The House Mr. COATS. Will the Senator yield? time, and it was tied up in filibuster subsequently has done nothing. Mr. DOMENICI. I am happy to yield and a whole number of procedural Now, I am hoping that Members will to the Senator. delays. We persisted, and in September detect there is a pattern here, that AMENDMENT NO. 5092 of 1990, a modified version of my origi- there is a pattern that this issue is not (Purpose: To provide authority for States to nal amendment passed the Senate by a going to go away, and that I will keep limit the interstate transportation of mu- vote of 67 to 31, as an amendment to introducing that as long as I have voice nicipal solid waste) the District of Columbia appropria- to speak and the good people of Indiana Mr. COATS. Mr. President, I send the tions bill. It was not a partisan issue. choose to send me back to the U.S. amendment to the desk. It was a bipartisan issue—Democrats Senate. This is an issue that is not The PRESIDING OFFICER. The and Republicans joined together to only important to my State, the people clerk will report. pass this legislation. who I represent, but it is important to The assistant legislative clerk read Unfortunately, in the conference on the Nation. as follows: the appropriations bill in 1990 in Octo- Given the votes that we have had The Senator from Indiana [Mr. COATS], for ber, just before we adjourned for the here in the Senate, a lot of people are himself and Mr. LEVIN, proposes an amend- elections, that provision was stripped. wondering, why can’t we finalize this? ment numbered 5092. That was the 101st Congress. We cannot finalize it now because the (The text of the amendment is print- In the 102d Congress, early on in that House refused to act on it for a number ed in today’s RECORD under ‘‘Amend- Congress, March of 1992, I introduced of reasons. ments Submitted.’’) new legislation which, after some con- We are not going to give up. The pat- Mr. COATS. Mr. President, I ask for siderable debate and maneuvering, we tern is we will just keep coming back the yeas and nays. S8970 CONGRESSIONAL RECORD — SENATE July 26, 1996 Mr. JOHNSTON. Mr. President, I waste disposal. They have invested in State, my State, Indiana, Louisiana, think we are willing to accept it. it. They spent a lot of time with these and other States, but to all of our Mr. DOMENICI. I believe we are will- investments and a lot of money on States that we finally have some con- ing to accept it. That is what I told the these investments to dispose of their trol over our own land, over our own Senator. waste locally. Those plans and those plans, over our own investment for Mr. COATS. Mr. President, I will investments are totally disrupted when waste disposal. The Senators from Indi- withhold that request at this time. contracts are entered into without con- ana and Montana have been leaders in Mr. DOMENICI. We will have to talk sideration by State, county, or local that effort. about it. We are working on the government of the impact of those con- Mr. JOHNSTON. If the Senator will premise that if we get all the Senators tracts for importing waste into those yield. Mr. President, I cosponsored a to agree to the amendments on a list, areas, because when you import waste bill on this subject matter filed by my there would be no votes today. We in that way, without consideration of colleague, Senator BREAUX, a few years would like very much to see if we can plans, and without consideration of the ago. Does this differ in any way from get that worked out. efforts that local governments have that? That would not preclude the Senator made to dispose of their own waste, it Mr. LEVIN. I wonder if I could ask from having a yea and nay vote on totally disrupts those efforts and those my friend from Indiana, I understand Tuesday, although I recommend that expenditures. It is not right. this bill is precisely the same as S. 534, he not do that. We are not taking any- States and local governments have a which passed in May 1995 by a vote of thing away. right to do that planning and to make 94 to 6, and that that bill is this amend- The PRESIDING OFFICER. Does the those investments in order to dispose ment. That is my understanding. Senator withdraw the request for the of their own waste and not see their Mr. COATS. Mr. President, the Sen- yeas and nays? Mr. COATS. I temporarily withdraw own plans displaced by the import of ator is correct. The amendment we are that request. waste from other places, based on con- offering today is identical, word-for- Mr. DOMENICI. Mr. President, once tracts between haulers and those other word, to the legislation that passed again, I want to say publicly what I places. this body earlier in this session of Con- told the distinguished Senator from In- Our local people should not be gress. diana. We are willing to accept this dumped on any longer. They should Mr. JOHNSTON. That was this ses- amendment and take it to conference. have some control over their own juris- sion? It is obvious that, at one time or an- dictions, and over their own land. That Mr. COATS. Yes, it was. I can give other, legislation like this has received is what this issue is really all about. you the exact date. almost the unanimous support of Con- And so I want to commend all the Sen- Mr. JOHNSTON. Is it the same as we gress. Because of that, we will take it. ators who have been involved in this ef- had a few years ago? I want to say to Senators one more fort for so many years. It has been Mr. COATS. It has been modified time—not those here, but Senators and truly a bipartisan effort all along. It from the original legislation. We have staff in their offices—who are con- will continue to be that. It will con- addressed some of the concerns of the cerned about what is going to happen tinue to be made until we finally not exporting States and struck a balance for the rest of today, Monday, and just get a bill passed in the Senate, between the timetables, in terms of Tuesday. We are asking each office to which we have done over and over their ratcheting down the exports, and tell us if they have amendments to this again, but get the same bill passed by we made some adjustments on the im- bill. We are making some real head- the Senate and the House. And this ef- porting State side. We allow, for in- way. There are a few offices we have fort to adopt this amendment on this stance, local jurisdictions to enter into not been able to work this out with. particular appropriations bill is an- what are called host agreements. We do But it is important to get that done. other statement to the House that we not upset those agreements. We don’t That will define the schedule for the expect action this year. want to breach any contractual obliga- remainder of the day. Here we are with, perhaps, 30 legisla- tions already entered into. We have I yield the floor. tive days left in this session. Last year added flow control language to address Mr. LEVIN addressed the Chair. the Senate expressed itself. I, on at that particular issue, also. This is iden- The PRESIDING OFFICER. The Sen- least one occasion, have stood up say- tical to what we passed in 1995 in this ator from Michigan is recognized. ing I was going to offer this kind of Congress. Mr. LEVIN. Mr. President, I am amendment, and have been dissuaded Mr. JOHNSTON. Well, Mr. President, pleased to cosponsor the amendment of from doing so based on the assurance I commend the Senators for proposing the Senator from Indiana. He has that there would be efforts made to get this legislation. Being one of these re- worked on it so long and hard, and so the House to act. The House has not cipient States of this waste, who has many other Members of this body, par- acted. There are a few people there who never been able to control this situa- ticularly Senator BAUCUS of Montana, oppose it, who have been able to dis- tion, I commend them for coming up the Senators from Louisiana, and so place the will of what appears to be a with a solution that I believe will many others, to finally give States and clear majority of House Members. work. Of course, the minority will en- local government some control over It is simply time that we again ex- thusiastically accept the amendment. the flow of waste both into their juris- press ourselves as a Senate on this Mr. DOMENICI addressed the Chair. dictions and out of their jurisdictions. issue, not just speaking into the ether, The PRESIDING OFFICER. The Sen- The Senate has expressed its will on but speaking directly to the House and ator from New Mexico is recognized. this issue over and over again—most saying we are very serious that we Mr. DOMENICI. Mr. President, I recently, in May of last year by an want this bill—at least we want consid- don’t want the sponsors to have any overwhelming vote of 94 to 6. The Sen- eration of both parts of this bill by the concern about whether the Senator ator from Indiana has gone through the House this year, on both the questions from New Mexico favors this when we number of times that the Senate has of interstate waste coming into a State go to conference. I favor it 100 percent. expressed its will. He has gone through and the question of flow control of We were a State that was at least the number of ways in which the vast waste from a State. Both of those sub- threatened with all kinds of external majority of House Members have ex- jects are covered in this bill in a bal- dumping of garbage in our State. We pressed their will on this matter in anced way, as the Senator from Indi- talk about solid waste, but this is not support of this legislation, made nec- ana has said, in consideration of both nuclear waste. This is essentially gar- essary by a Supreme Court decision importing and exporting States. bage with maybe a little frill on the which said it is up to Congress to de- Before I yield the floor, I simply edges. cide whether or not it wants to give again want to thank my good friend So I will take the bill. I want the these powers to the State and local from Indiana, and particularly single Senator to know I will take it. I will governments. out the Senator from Montana, who, take it and try to keep it. I think we Now, Michigan, my State, my coun- for so many years, has fought this bat- ought to pass it. Whether our bill gets ties, and my townships have plans for tle. It will be essential not just to his to the President and gets signed, we July 26, 1996 CONGRESSIONAL RECORD — SENATE S8971 may have that confronting us. We are So incinerators are not getting any- this legislation passed a couple of years going to do our share of trying to keep where, which means that New York has ago. This is very similar to that legis- it in conference. a problem. New York City has a big lation, this proposal before us. Mr. COATS. If the Senator will yield, problem with Fresh Kills closed. Where I very strongly commend the Senator I am fully aware of the perils and pit- is all that garbage going to be, 13,000 from Indiana for his very, very deep falls of moving appropriations bills to tons, 1,200 trucks a day? dedication to this issue. I hope we can the executive branch and having the That is just an example of the prob- finally get it passed. President sign them. I know that is not lem that we face. I yield the floor. directly related, although I think it is I might say that my State is typical; Mr. COATS. Mr. President, I would indirectly related to energy and water. that is, Montana has wide open spaces. like to add as original cosponsors to I appreciate the commitment from A lot of folks from the East think that the bill Senator SPECTER, Senator BAU- the Senator from New Mexico in doing is a good place to dump garbage. ‘‘Let’s CUS, and Senator MCCONNELL. his very best to see if we can add this dump it out in the West. They have The PRESIDING OFFICER. Without in an appropriations bill and get it ac- wide open space out there.’’ objection, it is so ordered. cepted in conference. Regrettably, a major entrepreneur in Mr. MCCONNELL. Mr. President, I As I said, this is not a partisan issue. an Eastern State decided that he want- am pleased to be an original cosponsor The President has already indicated ed to open up a big landfill in Miles of this amendment that will get a grip that he would sign this particular pro- City, MT. We in Montana do not want on the serious problem of interstate vision. So this will not be a deal break- this big landfill in Miles City. He was waste. I am also pleased to be working er. able to cut a deal with a couple of folks again with Senator COATS on an issue If I can get the commitment from the in Miles City to build this landfill, that affects both our States—the un- Senator from New Mexico and the Sen- whereas the vast majority do not want checked flow of interstate waste. ator from Louisiana that they will this landfill in Montana. The State of As you and many of my colleagues fight for this effort in conference and Montana could not pass legislation pro- are aware, out-of-State waste creates do their best to reflect the Senate posi- hibiting this, could not pass legislation problems for States that are unable to tion on this, in deference to my col- limiting the dumping of out-of-State control the amount of trash that is leagues, who I know are seeking to garbage in our own State. Why? Be- sent across the border for disposal. catch planes and wrap up the session, if cause the Supreme Court says the This imported waste takes up landfill there are no other votes ordered on States cannot do that. It is in violation space, which complicates State and this legislation, I will not be the one to of the commerce clause of the Con- local waste planning and requires scuttle the picnic here. So I will make stitution. States to devote valuable resources to that commitment to the Senator. Very simply, this is a very basic pro- the problem other States have ne- Mr. DOMENICI. I want to make one posal. Basically, we are saying that by glected. Scarce landfill space in Ken- additional point. I have just received the passage of this legislation, with tucky should be allocated for Kentuck- word that Senator CHAFEE wants to some modifications, the States have ians, not trash from hundreds of miles come down and speak on the measure. the right to say no. They have a right away. I think it is quite appropriate. He is to say no to the shipment of out-of- During my tenure in this Senate, I chairman of the subcommittee of origi- State garbage being dumped in their have committed myself to resolving nal jurisdiction. We did not intend to State. this issue and ensuring that Kentucky vote or accept this in the next few min- We talk a lot around here about local doesn’t become a dumping ground to utes anyway. So if Senator CHAFEE control. We talk a lot around here, out-of-State waste. In 1990, and every wants to speak, we urge that he come ‘‘Gee, let States decide their own des- year since, I have introduced legisla- down as soon as he can. tiny, and let local communities decide tion or worked with Senator COATS in Mr. BAUCUS. Mr. President, I am their own destiny.’’ This legislation crafting language that has ultimately happy the Senator from Indiana offered will allow States to do that. They will led to the compromise legislation that this amendment. He has been commit- be able to say no to the dumping of came so close to passing last year. ted, including the Presiding Officer, for out-of-State garbage in their own In 1990, I introduced S. 2691, a bill to many years to trying to get this States. give States the ability to fight long- passed. I hope that the House conferees take haul dumping by charging higher fees There has been a development which this provision. It is going to be dif- for disposal of waste coming from other makes this legislation more imminent. ficult. States. This bill passed the Senate Recently, the city of New York an- I very much appreciate the state- with 68 votes. nounced that it is going to close its ment of the manager of the bill, the During the 102d Congress, I intro- Fresh Kills landfill. Fresh Kills landfill chairman of the Budget Committee, duced S. 197 to once again provide is probably the biggest landfill in this Senator DOMENICI, as well as its rank- States the authority to impose a fee country. They receive 13,000 tons of ing member of the subcommittee, Sen- differential for out-of-State waste. In garbage a day at Fresh Kills landfill in ator JOHNSTON, that they will push for 1992, Senator COATS and I joined forces New York. That amounts to 1,200 this amendment in conference. The and produced comprehensive legisla- trucks a day of garbage dumped at the trouble is that the House has not tion to provide States the authority to Fresh Kills landfill. That is going to be looked very favorably on this legisla- regulate waste. That same year, the closed. It will be closed in 2 years. I tion recently. It is basically because of Senate passed an interstate waste bill think it will be phased out ultimately who is on what committee over in the by an overwhelming vote of 88 to 2. Un- by the year 2001. House and what States are exporting fortunately, the bill died in the House. That is a problem. It is a problem for States. It is a problem. During the 103d Congress, I joined a lot of so-called importing States, But I urge our Senate conferees to be with Senators COATS and BOREN in in- States that receive other States’ gar- very vigorous in pushing this amend- troducing S. 439. Although the Senate bage. It is a problem because States are ment in conference, because then, fi- didn’t act until late in the session, having a very difficult time enacting nally, we are going to get this thing Congress came extremely close to pass- laws providing for incinerators. People enacted. ing an interstate waste bill. Again, the do not want incinerators to burn gar- I can tell you that there are a lot of House stalled long enough to effec- bage. people in our country who very much tively kill the bill on the last day of This is a major proposal in the State want to control their own destiny in a the session. of New York for the State of New York lot of ways, and one way is to be able Last year, the Senate passed a waste to build a major incinerator in Brook- to say no to the shipment of out-of- bill, S. 543 which passed 94 to 6. This lyn. It has been turned down. It is the State garbage. I have been working legislation is a fair proposal that gives old not-in-my-backyard syndrome. No- with Senator COATS on this for years. communities control of not only their body wants an incinerator in their When the Democrats were in the ma- own waste streams, but the flow of backyard. jority, I had the subcommittee that got trash from other States, it will protect S8972 CONGRESSIONAL RECORD — SENATE July 26, 1996 importing States like Kentucky and The PRESIDING OFFICER. Without Cairo hospital after doctors were unable to Indiana from becoming garbage colo- objection, it is so ordered. stem bleeding. nies for States who aren’t willing to Mr. BAUCUS. Mr. President, I see the The girl’s clitoris was removed, in line deal with their own waste problems. with custom, by a barber in a village in the chairman of the committee and the Nile Delta the day before, when several girls Mr. President, this issue has recently ranking member on the floor. I men- were circumcised during a village celebra- come to the forefront of national news tioned earlier that I very much appre- tion. . . . with the announcement of the closure ciate the statements by them, if they The government has sought to end female of Fresh Kills landfill in New York. will urge the House to adopt this circumcision . . . a ritual aimed at keeping This 3,000-acre monstrosity located on amendment. women clean and chaste. It has banned the Staten Island receives 26 million Might I ask the chairman of the com- practice from state medical facilities. pounds of garbage daily. The 48-year- mittee, along with the ranking Mem- Mr. President, what is this practice old landfill, known as the world’s larg- ber, if they will, in pushing this, con- that is sweeping the country? It is est garbage dump, is so enormous that sult with the chairman of our commit- something that has been in existence it can actually be seen by orbiting as- tee, Senator CHAFEE, as well as the for a long time. FGM is the cutting tronauts. ranking member as you work with the away of female genitals and then sew- Closure of this facility will neces- House in attempting to persuade them ing up the opening, leaving, many sitate an astounding outflow of gar- to adopt the amendment. As we all times, only a small hole for urine and bage from New York City that will be know, there might be give and take menstrual flow. It is performed on chil- absorbed by States as far away as Ken- and some modifications. I very much dren, but it is also performed on girls, tucky. I, for one, refuse to stand by and hope that the managers would consult and it is also performed on young allow Kentucky to become a garbage the managers of the authorizing com- women, up to age 22 or 23 years old. colony. mittee. The initial operation, as indicated in Unfortunately, the House has abso- Mr. DOMENICI. Let me respond. This this news article, leads to many health lutely stalled on this issue. Hopefully, is not just a Republican bill. So I would complications, complications that with the inclusion of the Coats amend- say for the Record that we will consult plague these young women most of ment, interstate waste problems will not only with the chairman, but we their lives, if they are fortunate finally be addressed during a con- will consult with the ranking member enough to survive the initial cut. ference with the House of Representa- of the committee of jurisdiction as it The immediate health risks are not tives. over after a couple of months or even a Mr. ROBB. Mr. President, I rise moves its way through. Mr. BAUCUS. I appreciate that. I couple of years after the operation. today in support of the interstate During childbirth, additional cutting waste amendment offered by the Sen- thank the Senator. I yield the floor. I suggest the ab- and stitching takes place with each ator from Indiana. birth, and all this recutting and stitch- Last Congress, I introduced legisla- sence of a quorum. ing creates scar tissue and emotional tion to give localities the opportunity The PRESIDING OFFICER. The scars that are not seen. to restrict the flow of interstate waste clerk will call the roll. There is no medical reason for this into landfills in their communities. In The legislative clerk proceeded to procedure. It is used as a method to my view, it is essential that local gov- call the roll. keep girls chaste and to ensure their ernments be given the authority they Mr. REID. Mr. President, I ask unan- virginity until marriage, and to ensure need to determine for themselves imous consent that the order for the that after marriage they do not engage whether to accept out-of-State waste. I quorum call be rescinded. in extramarital sex. am pleased that S. 534, the legislation The PRESIDING OFFICER. Without In September 1994, I introduced a which passed the Senate overwhelm- objection, it is so ordered. sense-of-the-Senate resolution con- ingly last year, contained provisions f demning this cruel practice and com- that will help protect communities FEMALE GENITAL MUTILATION mitted at that time to inform my col- from being inundated with unwanted leagues and the country about this garbage generated out-of-State and Mr. REID. Mr. President, I would like practice. This sense-of-the-Senate reso- provide localities with some leverage to take this opportunity to commend lution was passed. A month later, I in- to deal with landfill developers who the managers of the bill we passed this troduced a bill to make this procedure seek to dispose of out-of-State trash. morning, the foreign operations appro- The pending amendment—identical priations bill. In that measure, one of illegal in the United States, and called to the one we passed last year—de- the amendments accepted by the man- upon the Secretary of Health and serves the support of all Members. In agers deals with a subject that I have Human Services to identify and com- my view, it strikes the appropriate bal- spent many months of my legislative pile data on immigrant communities ance between importing States and ex- career on. It is an issue that has be- that have brought this practice to the porting States, and solves a problem come easier to talk about, by this Sen- United States. I have been joined in which has persisted for too many ator, but not easy to talk about. I have this effort by the junior Senator from years. Because this issue deals with spoken a number of times about the Illinois, CAROL MOSELEY-BRAUN, and interstate commerce, only Congress issue of female genital mutilation. the senior Senator from Minnesota, has the authority to resolve the prob- I was of course struck last week, Mr. Senator WELLSTONE. I am happy to re- lem of unwanted out-of-State garbage, President, when again I read in the port my legislation directing the Sec- as the Senators from Indiana, Michi- Washington Post, and the same article retary of Health and Human Services gan, and Montana have discussed. appeared in newspapers around the was passed this year in the omnibus ap- Therefore, I urge my colleagues to re- country, that another young girl died propriations bill. Another amendment affirm our support for this legislation, as a result of this barbaric practice. which criminalized FGM in the United and make passage of this bill a priority This death occurred in Egypt, an 11- States is still pending in the immigra- during the remainder of this session. year-old girl. tion bill. With that, Mr. President, I thank my Mr. President, these brutal, vicious Mr. President, this barbaric practice colleagues and yield the floor. practices take place all over the world. is now being conducted in the United Mr. COATS. I yield the floor, Mr. These practices leading to death are States because of the inflow of people President. I suggest the absence of a not reported often, even though deaths from around the world. We have had a quorum. occur frequently. In this instance, the report in one California community The PRESIDING OFFICER. The one in the Washington Post last week, where there were seven of these prac- clerk will call the roll. the Associated Press: tices committed on young women. I hope the conferees working on the im- The assistant legislative clerk pro- An 11-year-old girl bled to death after a ceeded to call the roll. botched circumcision performed by a village migration bill are allowed to proceed Mr. BAUCUS. Mr. President, I ask barber, police officials said today. and get this very important bill ironed unanimous consent that the order for The officials said the child, whose name out, and this provision I direct the Sen- the quorum call be rescinded. was given only as Sara, died Friday in a ate’s attention to. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8973 FGM is a practice that has been The United States, I believe, is a She had to go to a small community around for thousands of years. In fact, world leader and needs to realize its in- in the bush because communities closer some say it was there during the time fluence in the world. I do not believe it to the cities know the Western view of of Cleopatra. We need to continue to is our place to go into other countries FGM is torture rather than ceremony talk about it, insist upon aggressive and dictate their traditions. But, at and would not allow her to observe. education of communities, especially the same time, we need to show Afri- This is the young girl. Her name is African communities that practice it, can governments that we take this Seita. This beautiful child of 16 was as well as implementation of laws pro- issue seriously. We need help from oth- told that if she was going to continue hibiting it. ers in the international community. her education, she had to have her Mr. President, 6,000 young women We expect those countries to work not genitals cut out, in effect. So she came and baby girls are mutilated each only to pass laws stopping this, but to home and went through this process. day—6,000. Two million girls are muti- work to educate people about the This is the girl. lated a year, at least. harms of this ritual and, in the process, This picture, which I hope you can I have three little granddaughters take steps to eradicate the practice. see, shows five people over Seita. It and a daughter. To even think about a Most often we refer to FGM and took five people to hold this strong 16- procedure like this, on these people women, but we need to look at this, year-old down while they proceeded to that I love—it is hard to consider. Six Mr. President, from the eyes of those circumcise her, is the gentle word. thousand people, just like my little who talk about child abuse. This is not This, Mr. President, is the picture granddaughters and my daughter, are spanking, this is not correcting chil- that Stephanie Welsh—who, by the having this done to them each day. It dren; this is mutilating children, and way, won a Pulitzer Prize for her cou- is estimated we have had about 130 mil- we certainly have to speak out against rageous photography—this is Seita in lion girls and women genitally muti- this. the bush looking at herself to see what lated. The practice is predominantly Children do not deserve having this they have done to her. practiced in Africa; 75 percent of all done to them. Young ladies do not de- Of course, Stephanie describes the cases occur in Egypt, Ethiopia, Kenya, serve having this done to them. scream of this 16-year-old girl. She is Nigeria, Somalia, and the Sudan. In We know a lot about the psycho- checking herself here to see what has Somalia, 98 percent of the girls are mu- logical effects of child abuse. We know been cut away, if enough has been cut tilated; 2 percent escape. that because we have had significant away so they do not have to do it Today many African countries are studies recently in the United States. again. The next one is the picture of the in- sifting through their cultures and re- Imagine the psychological effect this strument of torture: a double-edged vising some traditions while holding on must have on children from the initial razor which you buy in a drugstore. I to others. The time is right for the operation throughout adulthood. do not know how many times it has international community to take a Mr. President, I first learned about been used or what it has been used for. stand against this practice, without de- this from a friend of mine. A mother of This is what they used to cut out stroying the cultural integrity of the six children sent to me a videotape of a Seita’s genitals. You see the white on Africa countries where it is en- program that was on one of the TV sta- her hand. That is what they use to stop trenched. tions about this happening in Egypt. the bleeding. It is the fat from a sheep, Mr. President, if the international A beautiful little 6-year-old girl sheep fat, goat fat, that they use. This community and some organizations are comes to a party. She has on a white dress. She is dressed for a celebration— is the hand that did the torture, did the so concerned about human rights viola- cake, drinks, party. Suddenly, they brutality. tions, why they do not talk about grab this little girl, spread her legs and Here, Mr. President, is something—I this—some do—and why there is not an cut her genitals out. The little girl, am used to the picture now, but I was outrage in the international commu- when it is finished, screams, ‘‘Daddy, not in the beginning—this is Seita’s nity to stop this, is beyond my com- why did you do this to me?’’ foot. This is the blood that is flowing prehension. There are certain practices Mr. President, 6,000 young children from her body after this torture. The that take place in some countries. We each day are screaming, ‘‘Why did you red here is not something on the do not like the way they conduct their do this to me?’’ The health complica- ground, it is not a blanket, it is not a prisons. We do not like the way they tions are a constant reminder of the scarf, it is Seita’s blood, the blood on handle their arrests, their interroga- mutilation they underwent. her foot, going up between her toes, on tions. For Heaven’s sake, why do we I had the opportunity and the pleas- her other foot from her. not care what they are doing to 6,000 ure to meet a courageous young woman The final picture of the Pulitzer girls each day? by the name of Stephanie Welsh. Prize-winning series is this girl being Mutilation is not required by any re- Stephanie is a young lady who grad- comforted by one of the village elders. ligion. It is an ancient tradition de- uated from Syracuse University and The pain will last for a lifetime and signed to protect virginity. That is wanted to see the world. She went to complications will last for a lifetime. what it is for. In communities where work for an international news organi- So I very much appreciate the commit- education initiatives have taken place, zation in Kenya. tee accepting this amendment last we are starting to see the death rates While there, she became interested in night. This amendment will give the are down and the health risks certainly this barbaric practice of female genital U.S. executive director of each inter- outweigh the dated notion that this mutilation. She tried for a long time to national financial institution the procedure will keep girls chaste. In the get someone within the community to power to oppose loans for the govern- past, FGM was mishandled on the allow her to view one of these proce- ment of any country that does not international level. It was sensational- dures. They do 6,000 of them a day in enact laws that make it illegal and ized and spoken about in a condescend- the world, so they go on all the time in enact policies to educate and eliminate ing manner. This approach created a Kenya. She could not get anybody in this brutality. defensive reaction, forcing the practice the city to allow her. They did not I know the custom is deeply embed- to go underground. trust this non-African from the United ded in African culture, but that does As African immigrants move States. not mean we should stand by and pre- throughout world, taking this barbaric So Stephanie went out into the coun- tend it is not happening. Simply mak- practice with them, many women are try. She befriended some people, and ing it illegal will not be effective. working to halt the practice in their they allowed her to take photographs Many of these communities are located new communities. Few are willing to of this ritual. A courageous woman. In in remote areas, and there would be no speak up in their traditional commu- fact, the day she completed this, they logical means to enforce the law. nities. But this is occurring in coun- had no water in the village. She Therefore, more than making it illegal, tries where they immigrate. They are couldn’t drink the water because of ty- we need to insist upon governments immigrating to the United States, Can- phoid, and she walked 15 miles without educating people to the health risks ada Australia, France, and the United water in the very hot desert Sun in Af- and dispelling the myth that FGM Kingdom, to name only a few. rica carrying her film. keeps women chaste. S8974 CONGRESSIONAL RECORD — SENATE July 26, 1996 Mr. President, I very much appre- I did not have this particular piece of ‘‘(b) The number of officers serving in the ciate the managers of this bill allowing information when I addressed this mat- grades of admiral and vice admiral under me to speak on this issue which I feel ter on the floor on June 26 and again on subsection (a) of this section and section 5081 July 17. I spoke on the extra Marine of this title may not be more than 15 percent very strongly about, and I hope the of the number of officers on the active list of international community will join with Corps generals during consideration of the Navy above the grade of captain. Of the us in educating and stopping this bru- both the fiscal year 1997 defense au- number of officers that may serve in the tality of 6,000 girls each day. thorization bill and the defense appro- grades of admiral and vice admiral, as deter- The PRESIDING OFFICER (Mr. GOR- priations bill. In fact, I offered an mined under this subsection, not more than TON). The Senator from New Mexico. amendment to block the Marine Corps 25 percent may serve in the grade of admi- f request for more generals, but I failed. ral.’’. (2) Such section 5231 is further amended— These missing documents would have (A) by striking out subsection (c): ENERGY AND WATER DEVELOP- greatly strengthened my case. I want MENT APPROPRIATIONS ACT, (B) by redesignating subsections (d), (e), to thank Washington Post writer Mr. and (f) as subsections (c), (d), and (e), respec- 1997 Walter Pincus for his alerting me to tively; and The Senate continued with the con- the fact that these documents existed. (C) by striking out ‘‘numbers authorized sideration of the bill. I am not talking about some purloined under subsections (b) and (c)’’ in subsections Mr. DOMENICI. Mr. President, Sen- (c) and (d) (as redesignated by subparagraph Pentagon documents either. (B) and inserting in lieu thereof ‘‘number au- ator GRASSLEY wants to speak as in I am referring to the legislative his- thorized for that grade under subsection morning business. But before we do tory behind the current ceiling on gen- (b)’’. that, we would like to adopt the Coats eral officer strength levels. First, there (3) Subsection (b) of section 5232 of title 10, amendment to this bill at this time. is section 811 of Public Law 95–79 en- United States Code, is amended to read as AMENDMENT NO. 5092 acted in July 1977. That established a follows: ceiling of 1,073 general officers after ‘‘(b) The number of officers serving in the Mr. DOMENICI. Mr. President, we grades of general and lieutenant general may have no objection on our side to adopt- October 1, 1980. not be more than 15 percent of the number of ing the Coats amendment, and there is Second, there is section 526 of title X officers on the active list of the Marine no objection on the Democratic side. of the United States Code, and this Corps above the grade of colonel.’’. The PRESIDING OFFICER. Is there happens to be current law. Section 526 (4) The second sentence of subsection (c) of objection to the amendment by the placed a ceiling on the number of gen- such section is amended by striking out the eral and flag officers serving on active period and inserting in lieu thereof a comma Senator from Indiana? and the following: ‘‘and while in that grade Mr. COATS. Mr. President, I ask duty at 865 after October 1, 1995. Mr. President, I ask unanimous con- he is in addition to the number authorized unanimous consent that Senator ROBB for that grade under subsection (b) of this be added as a cosponsor. sent to have these two sections of the section.’’. The PRESIDING OFFICER. Without law printed in the RECORD, along with objection, it is so ordered. other relevant materials. DEPARTMENT OF DEFENSE APPROPRIATION AU- The PRESIDING OFFICER. The There being no objection, the mate- THORIZATION ACT, 1978—CONFERENCE RE- question is on agreeing to the amend- rial was ordered to be printed in the PORT ment. RECORD, as follows: * * * * * The amendment (No. 5092) was agreed PUBLIC LAW 95–79 [H.R. 5970]; JULY 30, 1977— Reductions in Certain Military and Civilian Po- to. DEPARTMENT OF DEFENSE APPROPRIATION sitions in the Department of Defense AUTHORIZATION ACT, 1978 Mr. DOMENICI. Mr. President, I The Senate amendment to the House bill move to reconsider the vote by which * * * * * (sec. 302) provided for a reduction in the number of general officers and admirals by 23 the amendment was agreed to. SEC. 811. (a)(1) The total number of com- missioned officers on active duty in the below planned levels in fiscal year 1978 and Mr. COATS. I move to lay that mo- Army, Marine Corps, and Air Force above an additional reduction of 47 in fiscal year tion on the table. the grade of colonel, and on active duty in 1979 to an authorized level of 1,071 and also The motion to lay on the table was the Navy above the grade of captain, may provided for an alteration of the statutory agreed to. not exceed 1,073 after October 1, 1980, and the provisions governing admirals in the Navy The PRESIDING OFFICER. The Sen- total number of civilian employees of the and generals in the Marine Corps to place ator from Iowa. Department of Defense in grades GS–13 them in a similar position to the Army and Mr. DOMENICI. I ask unanimous through GS–18, including positions author- the Air Force when the national emergency ized under section 1581 of title 10, United provisions lapse. The Senate amendment consent that Senator GRASSLEY be per- States Code, shall be reduced during the fis- (sec. 502) also provided for a reduction in the mitted to speak up to 10 minutes as in cal year beginning October 1, 1977, by the number of civilians in General Schedule morning business. same percentage as the number of officers on grades GS–12 through 18, or equivalent, by 2 The PRESIDING OFFICER. Without active duty in the Army, Marine Corps, and percent in fiscal year 1978 and by the same objection, it is so ordered. Air Force above the grade of colonel and on proportionate reduction as applied to gen- Mr. GRASSLEY. Mr. President, I do active duty in the Navy above the grade of erals and admirals for fiscal year 1979. not think I will use all that time. captain is reduced below 1,141 during such The House bill contained no such provi- sions. f fiscal year, and during the fiscal years begin- ning October 1, 1978, and October 1, 1979, by The conferees agreed to reduce the author- MARINE CORPS GENERALS a percentage equal to the percentage by ized levels of generals and admirals to 1,073 over a 3-year period beginning with fiscal Mr. GRASSLEY. Mr. President, I which the number of commissioned officers on active duty in the Army, Marine Corps, year 1978 and to apply a reduction to Defense want to speak about something that is and Air Force above the grade of colonel and civilian employees in General Schedule in conference now between the House on active duty in the Navy above the grade grades GS–13 through 18, or equivalent, by and Senate on the fiscal year 1997 de- of captain is reduced during such fiscal year the same proportionate amount over the fense authorization bill, something I below the total number of such officers on same period. The conferees feel strongly that spoke about several times on the floor active duty on October 1, 1978, and October 1, the reductions in the numbers of top-ranking of this body before. I think I have some 1979, respectively. military personnel should be coupled with a concurrent reduction in the numbers in the new information. In fact, I do have (2) On and after October 1, 1980, the total number of civilian employees of the Depart- top six Defense civilian grade levels. For this some new information that I was not ment of Defense in the grades and positions reason, Sections 302 and 502 of the Senate able to use in the last debate. described in paragraph (1) may not exceed amendment have been combined and set out This information has a direct bearing the number employed in such grades and po- as a separate provision (sec. 811) in the gen- on the Marine Corps request for 12 sitions on the date of enactment of this sub- eral provisions of the conference report. The more generals that is a bone of conten- section reduced as provided in paragraph (1). conferees also agree that all civilian reduc- tion in the conference between the (3) In time of war, or of national emer- tions shall be accomplished through attri- House and the Senate—the Senate sup- gency declared by Congress, the President tion. The conferees concluded that a tech- nical correction of the Senate provision was porting it, the House, thus far, in their may suspend the operation of paragraphs (1) and (2). required to achieve consistency between deliberations on the other side being (b)(1) Subsection (b) of section 5231 of title statutory provisions affecting admirals and opposed to increasing the number of 10, United States Code, is amended to read as Marine Corps generals and the general offi- Marine Corps generals. follows: cers of the other services. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8975 The conferees agree on the need for a proc- flag officers on active duty in the Navy, may Subsecs. (d), (e). Pub. L. 103–337, § 512, ess to enable Congress and the Department not exceed the number specified for the added subsecs. (d) and (e). of Defense to develop criteria for an ongoing armed force concerned as follows: 1992 Amendments (1) For the Army, 386 before October 1, 1995, review of the number of general officers and Subsec. (b). Pub. L. 102–484, § 403(b), in- directs the Secretary of Defense to submit a and 302 on and after that date. (2) For the Navy, 250 before October 1, 1995, serted a subsec. (b) heading: ‘‘Transfer be- report with the fiscal year 1979 military au- tween services’’. thorization request on the required numbers and 216 on and after that date. (3) For the Air Force, 326 before October 1, Subsec. (c). Pub. L. 102–484, § 403(a), added of general officers as well as any justifica- subsec. (c). tion for deferring the proposed military and 1995, and 279 on and after that date. (4) For the Marine Corps, 68. civilian reductions in whole or part. 1990 Amendment (b) TRANSFER BETWEEN SERVICES.—During The House recedes with an amendment. Pub. L. 101–510, § 403(a), designated existing the period before October 1, 1995, the Sec- text as subsec. (a) and as so designated, in- retary of Defense may increase the number AUTHORIZING APPROPRIATIONS FOR FISCAL serted subsection heading and substituted of general officers on active duty in the YEAR 1978 FOR MILITARY PROCUREMENT, RE- provisions setting forth limitations in au- Army, Air Force, or Marine Corps, or the SEARCH AND DEVELOPMENT, ACTIVE DUTY, thorized strength for the Army, Navy, Air number of flag officers on active duty in the SELECTED RESERVE, AND CIVILIAN PERSON- Force and Marine Corps. beginning in Oct. Navy, above the applicable number specified NEL STRENGTHS, CIVIL DEFENSE, AND FOR 1995, set out in pars (1)–(4) for provisions lim- in subsection (a) by a total of not more than OTHER PURPOSES—SENATE REPORT 95–129 iting authorized strength to 1,073 officers, five. Whenever any such increase is made, * * * * * made minor changes in text and added sub- the Secretary shall make a corresponding re- sec. (b). Sec. 302: Committee Amendment Reducing the duction in the number of such officers that Number of Generals and Admirals may serve on active duty in general or flag Change of Name For fiscal year 1977, the Department of De- officer grades in one of the other armed Any reference in any provision of law en- fense plans to have 1,165 generals or admi- forces. acted before Jan. 4, 1995, to the Committee rals—one flag officer for every 1,800 active (c) LIMITED EXCLUSION FOR JOINT DUTY RE- on Armed Services of the House of Rep- military members. This number is in sharp QUIREMENTS.—(1) The Chairman of the Joint resentatives treated as referring to the Com- contrast to 1968 when during the Vietnam Chiefs of Staff may designate up to 12 gen- mittee on National Security of the House of war, there was one general officer for every eral officer and flag officer positions that are Representatives, see section 1(a)(1) of Pub. L. 2,600 military members and to the peacetime joint duty assignments for purposes of chap- 104–14, set out as a note preceding section 21 1964 level when there was one general for ter 38 of this title for exclusion from the lim- of Title 2, The Congress. every 2,100 military members. The Depart- itations in subsection (a) that are applicable Effective Date of 1990 Amendment ment of Defense proposed to reduce the num- on and after October 1, 1995. Officers in posi- Section 403(a) of Pub. L. 101–510 provided ber of flag officers by 24 in fiscal year 1978. tions so designated shall not be counted for that the amendment made by this section is The committee adopted an amendment to re- the purposes of those limitations. effective Sept. 30, 1991. (2) this subsection shall cease to be effec- duce this number by an additional 23 in fis- tive on October 1, 1998. Savings Provisions cal year 1978 and by 47 in fiscal year 1979. (d) NOTICE TO CONGRESS UPON CHANGE IN Reference to law replaced by Pub. L. 100– Since the services have undertaken different GRADE FOR CERTAIN POSITIONS.—(1) Not later 370 to refer to corresponding provision en- levels of effort to reduce flag officers, the than 60 days before an action specified in acted by such public law; regulation, rule, or amendment gives the President the author- paragraph (2) may become effective, the Sec- order in effect under law so replaced to con- ity to apportion the total number of flag of- retary of Defense shall submit to the Com- tinue in effect under provision enacted until ficers rather than applying a uniform reduc- mittees on Armed Services of the Senate and repealed, amended, or superseded; and action tion for each service. House of Representatives a report providing The purpose of this amendment is to begin taken or offense committed under law re- notice of the intended action and an analyt- a process to enable Congress and the Depart- placed treated as taken or committed under ically based justification for the intended ac- ment of Defense to develop criteria for an provision enacted, see section 4 of Pub. L. tion. 100–370, set out as a note under section 101 of ongoing review of the number of officers at (2) Paragraph (1) applies in the case of the this level. The committee requests the Sec- this title. following actions: Legislative History retary of Defense to submit a report with the (A) A change in the grade authorized as of fiscal year 1979 military authorization re- July 1, 1994, for a general officer position in For legislative history and purpose of Pub. quest on the required numbers of general of- the National Guard Bureau, a general or flag L. 100–370, see 1988 U.S. Code Cong. and Adm. ficers including any justification for defer- officer position in the Office of a Chief of a News, p. 1077. See, also, Pub. L. 101–510, 1990 ring the proposed reductions in whole or reserve component, or a general or flag offi- U.S. Code Cong. and Adm. News, p. 2931; Pub. part. cer position in the headquarters of a reserve L. 102–484, 1992, U.S. Code Cong. and Adm. Within the total number of general officers component command. News, p. 1636; Pub. L. 103–337, 1994 U.S. Code authorized, the Army and Air Force are re- (B) Assignment of a reserve component of- Cong. and Adm. News, p. 2091. stricted to having no more than 15 percent of ficer to a general officer position in the Na- CROSS REFERENCES the total number of generals at the grades of tional Guard Bureau, to a general or flag of- Reserve general and flag officers in an ac- lieutenant general and general and no more ficer position in the Office of a Chief of a re- tive status strength and grade exclusively than 25 percent of the general officers at serve component, or a general or flag officer from counts under this section, see 10 USCA these two grades can be at the grade of gen- position in the headquarters of a reserve § 12004. eral. However, except in time of war or emer- component command in a grade other than gency, certain specific numbers are included the grade authorized for that position as of Mr. GRASSLEY. In 1990, the Armed in law for the Navy and Marine Corps: 26 vice July 1, 1994. Services Committee decided there were admirals and four admirals for the Navy, and (C) Assignment of an officer other than a too many generals. The number needed two generals for the Marine Corps. In addi- general or flag officer as the military execu- to be reduced. The committee cut the tion, the Marines are restricted to a number tive to the Reserve Forces Policy Board. number of generals from 1,073 in 1990 of lieutenant generals and generals total (e) EXCLUSION OF CERTAIN OFFICERS.—The down to 858 by 1995. That is a reduction number of officers at the grades of lieuten- limitations of this section do not apply to a ant general and no more than 10 percent of reserve component general or flag officer of 20 percent or, more specifically, 215 the number of general officers. These provi- who is on active duty for training or who is generals in total over a 5-year period of sions for the Navy and Marine Corps have on active duty under a call or order specify- time. been suspended by the President under na- ing a period of less than 180 days. Mr. President, how did this come tional emergency authority which is expir- (Added Pub. L. 100–370, § 1(b)(1)(B), July 19, about? What is the reasoning behind ing. The committee feels the distribution of 1988, 102 Stat. 840, and amended Pub. L. 101– the reduction? By answering these general officer authorizations by grade 510, Div. A, Title IV, § 403(a), Nov. 5, 1990, 104 questions, I hope to help my colleagues should be consistent and has included provi- Stat. 1545; Pub. L. 102–484, Div. A, Title IV, understand why the Armed Services sions in the amendment to make the restric- § 403, Oct. 23, 1992, 106 Stat. 2398; Pub. L. 103– tions for the Navy and Marine Corps consist- 337, Div. A, Title IV, § 404, Title V, § 512, Oct. Committee reduced the number of gen- ent with those for the Army and Air Force. 5, 1994, 108 Stat. 2744, 2752.) erals 6 years ago. If we understand why HISTORICAL AND STATUTORY NOTES they did what they did 6 years ago, per- UNITED STATES CODE, TITLE X Prior Provisions haps we can understand why they are * * * * * A prior section 526 was renumbered section ready to move in the opposite direction § 526. Authorized strength: general and flag 527 of this title by Pub. L. 100–370. today. officers on active duty 1994 Amendments The legislative history does contain (a) LIMITATIONS.—The number of general Subsec. (a)(4). Pub. L. 103–337, § 404, struck important clues. It should help us solve officers on active duty in the Army, Air out ‘‘before October 1, 1995 and 61 on and this riddle. Back in 1990, the Armed Force, and Marine Corps, and the number of after that date’’ after ‘‘Corps, 68’’. Services Committee could see the S8976 CONGRESSIONAL RECORD — SENATE July 26, 1996 handwriting on the wall. They saw the There being no objection, the mate- Section 441 would amend section 526 of title cold war coming to an end. The Soviet rial was ordered to be printed in the 10, United States Code to limit to 845 the military threat was evaporating, and RECORD, as follows: total number of general and flag officers au- the Defense Department was thorized within the military services on Sep- GENERAL AND FLAG OFFICER ACTIVE DUTY tember 30, 1995. downsizing and doing it in earnest. In STRENGTH CEILINGS 1990, the committee predicted that The committee recommends (sec. 403) a Mr. GRASSLEY. Mr. President, as there would be an overall force reduc- provision that would establish ceilings on the force structure shrinks, the num- tion of at least 25 percent between the the number of general and flag officers au- ber of generals and admirals should be years 1990 and 1995. Well, the commit- thorized to be on active duty for each of the reduced. That was the logic used by the military Services as shown below: tee’s prediction was right on the House in 1990. That was the logic used money. Fiscal year, committee by the Senate in 1990. That logic is em- Mr. President, I ask unanimous con- Current recommendation bodied in current law. That has always sent to have printed in the RECORD a ceiling 1991 1995 been the logic since time began. table that shows how military end strengths have gradually declined since Army ...... 407 386 302 Let us apply that logic to the Marine Navy ...... 258 250 216 Corps’ request for 12 more generals. If February 1987. Marine Corps ...... 70 68 61 There being no objection, the table Air Force ...... 338 326 279 the Marine Corps needs more generals, was ordered to be printed in the Total ...... 1,073 1,030 858 then it must mean that the Marine RECORD, as follows: Corps is getting bigger, that it is ex- The ceilings established for fiscal year 1995 panding. But all the data point in the Fiscal year Total Army Navy Air Force Marine are consistent with the committee’s expecta- opposite direction. All the data indi- 1987 ...... 2,174,217 780,815 586,842 607,035 199,525 tion that force structure and organizational cate that the military services, includ- 1988 ...... 2,138,213 771,847 592,570 576,446 197,350 realignments over the next 5 years should re- ing the Marine Corps, are continuing to 1989 ...... 2,130,229 769,741 592,652 570,880 196,956 sult in an overall force reduction of at least 1990 ...... 2,043,705 732,403 579,417 535,233 196,652 downsize. 1991 ...... 1,985,555 710,821 570,262 510,432 194,040 25 percent. The fiscal year 1995 ceilings re- 1992 ...... 1,807,177 610,450 541,883 470,315 184,529 flect this expectation, and the fiscal year Why doesn’t the 1990 logic apply any- 1993 ...... 1,705,103 572,423 509,950 444,351 178,379 1994 ...... 1,610,490 541,343 468,662 426,327 174,158 1991 ceilings set the military Services on a more? Have Marine generals been in- 1995 ...... 1,518,224 508,559 434,617 400,409 174,639 responsible course to achieve the fiscal year oculated to be immune from cuts? Why 1996 ...... 1,493,391 499,145 428,412 393,400 172,434 1995 ceilings. is the Marine Corps trying to top size The committee also believes that these Mr. GRASSLEY. Mr. President, what ceilings should assist the military Services while it is downsizing? As the force the committee said would happen in in making critical decisions regarding the structure shrinks, we need fewer gen- fact did happen, and it is continuing to reduction, consolidation, and elimination of erals. That was the guiding principle happen this very day. duplicative headquarters. The ceilings used by the Armed Services Committee Mr. President, I ask unanimous con- should also assist the military Services in in 1990 when they put general officers sent to also have printed in the RECORD eliminating unnecessary layering in the staff on the down ramp. patterns of general and flag officer positions. a table from page 254 of Secretary Per- They put the generals on the down Mr. GRASSLEY. Based on the ry’s March 1996 annual report to the ramp even when the dark storm clouds shrinking force structure, the commit- Congress. were rising over the Persian Gulf. There being no objection, the table tee reduced the number of generals and There was no talk about vacant war- was ordered to be printed in the admirals by that 20 percent as follows: fighting positions at that time. There RECORD, as follos: the Army, from 407 down to 302, a re- was no talk, as we were given an ex- duction of 105; the Navy, a reduction of cuse for this increase, about the joint TABLE V–4—DEPARTMENT OF DEFENSE PERSONNEL 42, down from 258 to 216; the Marine bill requirements mandated in Gold- [End of fiscal year strength in thousands] Corps, from 70 down to 61, a reduction water-Nichols. There was just one driv- of 9; the Air Force, from 338 down to Fiscal year— Percent er. The force structure was shrinking 279, a reduction of 59. change so we needed fewer generals. In other Goal FY Mr. President, with one exception, 1987 1996 1997 1987– words, it seems to me that they were those figures remain the law today. 97 expressing at that decisionmaking The Marine Corps got special relief leg- Active Military ...... 2,174 1,482 1,457 1,418 ¥33 time in 1990 common sense. Army ...... 781 495 495 475 ¥37 islation 2 years ago that raised its ceil- Navy ...... 587 424 407 394 ¥31 ing from 61 to 68, or by 7. But back in That logic was valid then. It is just Marine Corps ...... 199 174 174 174 ¥13 Air Force ...... 607 388 381 375 ¥37 late 1990, there was no disagreement as valid today. Nothing has changed. Selected Reserves ...... 1,151 931 901 893 ¥19 about what had to be done, reducing There is no reasonable explanation for DoD Civilians ...... 1,133 841 807 728 ¥27 the number of generals as force struc- what is going down. It is bad public Mr. GRASSLEY. This table shows ture gets smaller. policy. the process of downsizing, that this The House Armed Services Commit- The Navy, for example, is already on process is ongoing and not over yet. It tee report contained almost identical record as saying it needs 25 to 30 more is expected to continue in the future. language. I quote from page 268 of admirals. We know that the Marine Mr. President, the committee con- House Report 101–665. Corps request is just a spearhead. It is cluded that the number of generals and The committee believes that the general a test case. The Army and Air Force admirals should be reduced consistent and flag officers authorized strength should are getting their wish list ready. If the with the predicted reductions in the be reduced to a level consistent with the Marine Corps request goes through, force structure. I want to repeat, the extra force structure reductions expected by fiscal year 1995. then these other services will follow, reduction in the number of general of- meaning their request for more gen- ficers should be consistent with the re- Mr. President, I ask unanimous con- erals and admirals. Pretty soon we duction in force structure. That was sent that that section of the House re- have a national disgrace on our hands. the logic. As the force structure port be printed in the RECORD. shrinks, the numbers of generals and There being no objection, the mate- This is a bad move that will prove to admirals should come down at a com- rial was ordered to be printed in the be an embarrassment to the Senate parable rate. That was the Armed Serv- RECORD, as follows: sometime down the road. ices Committee’s thinking as expressed SECTION 441—FLAG AND GENERAL OFFICERS I yield the floor and thank my col- in its report in the fiscal year 1991 de- Section 526 of title 10, United States Code leagues for the consideration of this fense authorization bill. That thinking provides that the total number of general point of view. I have expressed this in is outlined on page 159 of that Report and flag officers authorized to be on active a letter to the conferees as well. I yield 101–384. duty may not exceed 1,073. The committee the floor. Mr. President, I ask unanimous con- believes that the general and flag officer au- sent that that section of the report be thorized strengths should be reduced to a Mr. GORTON addressed the Chair. level consistent with the active force struc- printed in the RECORD. The PRESIDING OFFICER (Mr. ture reductions expected by fiscal year 1995. COATS). The Senator from Washington. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8977 ENERGY AND WATER DEVELOP- the information submitted by the Peer Re- spent in project money go to projects MENT APPROPRIATIONS ACT, view Groups and submit recommendations to be performed by the members of the 1997 on project priorities to the Council. The authority itself. Mr. President, it is Council shall make the Panel’s findings like the Department of Defense asking The Senate continued with the con- available to the public and subject to public sideration of the bill. comment. one of my other constituents, the Boe- ing Co., to decide what brand of air- AMENDMENT NO. 5093 (vi) RESPONSIBILITIES OF THE COUNCIL.—The craft the military will use. Mr. GORTON. Mr. President, I have Council shall fully consider the rec- ommendations of the Panel when making its My amendment and this modification an amendment at the desk and ask for final recommendations of projects to be to the Northwest Power Act would en- its immediate consideration. funded through BPA’s annual fish and wild- sure that the authority and its mem- The PRESIDING OFFICER. The life budget, and if the Council does not incor- bers retain a voice in the process, but clerk will report. porate a recommendation of the Panel, the that sound objective and disinterested The legislative clerk read as follows: Council shall explain in writing its reasons for not accepting Panel recommendations. In science also is heard. Each year, about The Senator from Washington [Mr. GOR- 400 proposals are submitted for review TON] proposes an amendment numbered 5093. making its recommendations to BPA, the by the authority all applying to receive Mr. GORTON. Mr. President, I ask Council shall: consider the impact of ocean conditions on fish and wildlife populations; funding from the Bonneville funding unanimous consent that further read- and shall determine whether the projects administration’s annual budget. I am ing of the amendment be dispensed employ cost effective measures to achieve sure independent scientific review with. project objectives. The Council, after consid- would remove any suggestion of con- The PRESIDING OFFICER. Without eration of the recommendations of the Panel flict of interest in connection with and other appropriate entities shall be re- objection, it is so ordered. these grants and add an important ele- The amendment is as follows: sponsible for making the final recommenda- tions of projects to be funded through BPA’s ment of review to the council’s deci- On page 36, line 4, strike all of section 504, sionmaking process. I am convinced it and insert the following: annual fish and wildlife budget. (vii) COST LIMITATION.—The cost of this would also assure that the moneys SEC. 504. Following section 4(g)(3) of the provision shall not exceed $2 million in 1997 Northwest Power Planning and Conservation spent will result in the greatest pos- dollars. Act, insert the following new section: sible salmon enhancement. (viii) EXPIRATION.—This paragraph shall (4)(g)(4) INDEPENDENT SCIENTIFIC REVIEW My amendment directs the council to expire on September 30, 2000. PANEL.—(i) The Northwest Power Planning establish an 11-member independent Council (Council) shall appoint an Independ- Mr. GORTON. Mr. President, I thank scientific review panel from a list of ent Scientific Review Panel (Panel), which both the chairman and the ranking names provided by the National Acad- shall be comprised of eleven members, to re- member of the Energy and Water Sub- emy of Sciences. The panel would be view projects proposed to be funded through committee for their understanding in responsible for reviewing projects to be that portion of the Bonneville Power Admin- accepting this modification to a provi- funded under BPA’s annual fish and istration’s (BPA) annual fish and wildlife sion already included at my request in budget that implements the Council’s annual wildlife program. I understand the fish and wildlife program. Members shall be this fiscal year 1997 energy and water council, together with the National appointed from a list submitted by the Na- bill. Marine Fisheries Service, has already tional Academy of Sciences, provided that Section 504 of that bill, and this established an independent scientific Pacific Northwest scientists with expertise modification, amend the Northwest advisory board in order to provide sci- in Columbia River anadromous and non- Power Act to address a conflict-of-in- entific advice to the council and the anadromous fish and wildlife and ocean ex- terest issue that was recently brought National Marine Fisheries Service. perts shall be among those represented on to my attention by people in Washing- I want to note in the RECORD at this the Panel. ton and Oregon concerned and knowl- (ii) SCIENTIFIC PEER REVIEW GROUPS.—The time that nothing in this amendment Council shall establish Scientific Peer Re- edgeable about salmon conservation. precludes the National Academy of view Groups (Peer Review Groups), which The Bonneville Power Administra- Sciences from recommending that shall be comprised of the appropriate number tion’s annual fish and wildlife budget, some or all of the scientists who serve of scientists, from a list submitted by the in real dollars spent on projects, totals on the ISAB serve on the newly created National Academy of Sciences to assist the well over $100 million. This $100 million independent scientific review panel, Panel in making its recommendations to the comes out of the pockets of Northwest provided that those members meet the Council for projects to be funded through ratepayers each year to protect and en- conflict-of-interest standards spelled BPA’s annual fish and wildlife budget, pro- hance fish and wildlife in the Columbia vided that Pacific Northwest scientists with out in the amendment. If ISAB sci- expertise in Columbia River anadromous and and Snake River basins. The Northwest entists are selected to serve on the non-anadromous fish and wildlife and ocean Power Planning Council prepares and newly created panel of ours, they experts shall be among those represented on adopts a regional plan to protect fish should not be compensated twice for the Peer Review Groups. and wildlife and each year allocates the same services. (iii) CONFLICT OF INTEREST AND COMPENSA- this $100 million to support that plan. After careful consultation with the TION.—Panel and Peer Review Group mem- At the present time, the Columbia National Academy of Sciences, I have bers may be compensated and shall be con- Basin Fish and Wildlife Authority is included a provision in my amendment sidered as special government employees responsible for making recommenda- subject to 45 CFR 684.10 through 684.22. that requires the council to establish, (iv) PROJECT CRITERIA AND REVIEW.—The tions to the council on projects being from a list submitted by the National Peer Review Groups, in conjunction with the funded through BPA’s annual fish and Academy, scientific peer review groups Panel, shall review projects proposed to be wildlife budget. to assist the panel in making its rec- funded through BPA’s annual fish and wild- The membership of the authority in- ommendations to the council. It is life budget and make recommendations on cludes representatives of affected In- these peer review groups that will be matters related to such projects, to the dian tribes from the region, the Wash- doing the actual review of the 400-plus Council. Project recommendations shall be ington, Oregon, Idaho, and Montana project applications submitted to the based on a determination that projects: are State fish and wildlife directors, and based on sound science principles; benefit council each year for consideration. fish and wildlife; and have a clearly defined representatives of the Fish and Wildlife The panel will coordinate the work of objective and outcome with provisions for Service in the National Marine Fish- the peer review groups and ensure that monitoring and evaluation of results. The eries Service. each project is reviewed based upon the Panel, with assistance from the Peer Review I am convinced that the authority following commonsense criteria: Does Groups, shall review, on an annual basis, the plays an important and necessary role the project benefit fish and wildlife in results of prior year expenditures based upon in providing recommendations to the the region? Does the project have a these criteria and submit ifs finding to the council on what fish and wildlife clearly defined objective and outcome? Council for its review. projects should be funded each year. I And is the project based on sound sci- (v) PUBLIC REVIEW.—Upon completion of the review of projects to be funded through was disturbed to discover recently, entific principles? BPA’s annual fish and wildlife budget, the however, that authority members were The amendment directs the panel to Peer Review Groups shall submit their find- recommending to the council that prioritize recommendations for the ings to the Panel. The Panel shall analyze about $75 million of the $100 million council from the analysis provided by S8978 CONGRESSIONAL RECORD — SENATE July 26, 1996 the peer review groups and that the tion, nor does it make hydro system Maybe next week will be like this council make panel recommendations mitigation efforts contingent on week—a miraculous cooperation will available for public review. The amend- known ocean conditions? evolve and we will get it done quickly. ment places a cost limitation on the Mr. GORTON. I thank the junior Sen- I do not know why we have to go scientific review process of $2 million. ator for raising this important ques- through this exercise of listing this My amendment directs the council to tion, and agree with her characteriza- stuff. review recommendations of the panel, tion of the amendment. My amendment The PRESIDING OFFICER. Is there the Columbia Basin Fish and Wildlife does not expand the scope of either the objection to the unanimous-consent re- Authority and others, in making its council’s or Bonneville’s mitigation re- quest of the majority leader? final recommendations to BPA for quirements under the Northwest Power Without objection, it is so ordered. projects to be funded through BPA’s Act. It simply suggests that it is valid Mr. LOTT. I further ask that with re- annual fish and wildlife budget. If the for the council to consider known spect to any amendment on the Colo- council does not follow the advice of ocean conditions when making its rec- rado water project there be up to 10 the panel, it is to explain in writing ommendations for hydro system miti- minutes under the control of Senator the basis for the decision. The council gation to Bonneville. CAMPBELL. is directed to consider ocean condi- Mrs. MURRAY. I thank the Senator. The PRESIDING OFFICER. Without tions, among others, in its decision- UNANIMOUS-CONSENT AGREEMENT objection, it is so ordered. Mr. LOTT. I further ask that all making process, and to determine Mr. LOTT. Mr. President, I ask unan- amendments be subject to second-de- whether project recommendations em- imous consent that during the session gree relevant amendments and may be ploy cost-effective measures to achieve of the Senate on Friday and Monday, July 29, the Senate consider Calendar offered on or after Monday, and follow- project objectives. ing the votes with respect to the Lastly, my amendment expressly No. 496, S. 1959, the energy and water amendments, the bill be read for a states that the council, after review of appropriations bill, and the following third time and there be 10 minutes panel and other recommendations, has amendments be the only first-degree under the control of Senator MCCAIN, the authority to make final rec- amendments in order, and must be of- fered during the session on Friday or and the Senate then proceed to the ommendations to BPA on projects to House companion bill, H.R. 3816, all be funded through BPA’s annual fish Monday. The amendments are as follows: Do- after the enacting clause be stricken, and wildlife budget. the text of 1959 be inserted, the bill be This amendment is intended to be ef- menici, relevant; Lott, relevant; Jef- advanced to third reading, and final fective on the date of enactment and to fords-Roth, renewable energy; Kyl, central Arizona project; Grams, Appa- passage all occur without further ac- be first implemented during the plan- tion or debate. ning process for the expenditure of lachian Regional Commission; man- agers’ package; McCain, regarding the The PRESIDING OFFICER. Without BPA’s fiscal year 1998 fish and wildlife light-water reactor; McCain, relevant; objection, it is so ordered. budget. The amendment will expire on McCain, relevant; Specter, Sawmill f September 30, in the year 2000, in order Run; Pressler, relevant; Pressler, rel- that its success can be measured by the UNANIMOUS-CONSENT evant; McConnell, USEC; Lott, regard- people of the Pacific Northwest and AGREEMENT—H.R. 3754 ing environmental management; this Congress. D’Amato, FUSRAP; Burns, one on en- Mr. LOTT. Mr. President, with re- Mr. President, my amendment seeks vironmental management; gard to the legislative appropriations to do just one thing: to make sure that Kempthorne-Craig, environmental bill, we intend to bring that up, I be- Northwest ratepayer dollars are being management; Gorton, independent sci- lieve, at 5 o’clock on Monday, and we spent in a cost-effective and objective entific review; and Hutchison, DOE. have a consent agreement we would manner. I have consulted extensively From the Democratic side: Senator like to ask for on that. with interested groups in the region on BIDEN, relevant; Senator BOXER, three I ask unanimous consent that during this amendment and have listened to relevant; Senator BUMPERS, DOE weap- the session of the Senate on Monday, the constructive suggestions of my col- ons, a water project, and a separate July 29, the Senate consider the legis- URRAY league, Senator M , and that is water project; Senator BYRD, relevant lative appropriations bill, the commit- why I am proposing that these changes in two instances; Senator CONRAD, tee amendments be deemed agreed to to the amendment be included in the water quality and bank stabilization; and considered original text for the committee bill. Senator DASCHLE, two relevant amend- purpose of further amendments, and My amendment will ensure that ments; Senator DORGAN, two relevant the following amendments be the only sound science principles are considered amendments; Senator FEINGOLD, one first-degree amendments in order and by the council before spending rate- relevant; FORD, one relevant; MIKULSKI, must be offered during the session of payer dollars to protect and enhance one relevant, along with Senator SAR- the Senate on Monday. fish and wildlife on the Columbia and BANES; Senator JOHNSTON, relevant; The amendments are as follows: Sen- Snake River System. Senator KERRY, electrometallugical ator CHAFEE, a relevant amendment; Mrs. MURRAY. Mr. President, will treatment research; Senator REID, two Senator HATFIELD, relevant amend- the senior Senator from Washington relevant; Senator SIMON, two relevant; ment; Senator SPECTER, regarding yield for a question? Senator WELLSTONE, regarding alfalfa; mailings of town meetings; Senator Mr. GORTON. I yield to the junior and Senator ROCKEFELLER, regarding MCCAIN, revolving-door amendment; Senator from Washington for a ques- Japan semiconductors. Senator COVERDELL, relevant; Senator tion. Now, it will be my intent to have LOTT, relevant; Senator MACK, the Mrs. MURRAY. I thank the Senator. these votes stacked at 10 o’clock on managers’ amendment. As you know, the Northwest Power Act Tuesday on a case-by-case basis. In addition, two relevant amend- requires the Power Planning Council Mr. DORGAN. Reserving the right to ments by Senator BYRD; two relevant and Bonneville Power Administration object, I shall not object, this has been amendments by Senator DASCHLE; one to mitigate the effects of the hydro- cleared with the minority side? by Senator DORGAN regarding overseas electric system on fish and wildlife Mr. LOTT. It has been cleared on the jobs; one relevant amendment for Sen- generally, and anadromous fisheries minority side. ator FORD; and two relevant amend- specifically. The amendment proposed I must say I am totally unimpressed ments for Senator MURRAY. by the senior Senator would require with either side. A list of amendments I further ask that all amendments be the council to consider ocean condi- like this is totally ridiculous. I know a subject to relevant second-degree tions prior to making its science-based number of these will be worked out, amendments which may be offered on recommendations for mitigation prior- and the managers and the chairman or after Monday, and following the ities to Bonneville. Does the Senator will solve a number of these problems votes with respect to the amendments, agree that his amendment does not ex- in the managers’ amendment, but we the bill be advanced to third reading pand the scope of Northwest Power Act ought to have maybe two amendments and final passage occur, all without with respect to hydro system mitiga- total on this bill. further action or debate. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8979 The PRESIDING OFFICER. Without We have people in this Chamber, in country where we see regional startups objection, it is so ordered. the other Chamber, and out in the trying to promote more competition in Mr. LOTT. I am sure under the mag- country who do handstands and all the airline industry. The regional nificent leadership of the Senator from kinds of gymnastic feats when they de- startups are squashed like bugs by the Florida, Senator MACK, we will have scribe the wonders of airline deregula- big carriers because of what, I think, this done within 2 hours Monday night, tion for America. They say the deregu- are fundamentally anticompetitive and we will either pass it on a voice lation of the airlines has been remark- practices. vote or vote at 10 o’clock on Tuesday. able. You get lower prices, and you get Now, you can make a case, I suppose, That is certainly my hope. more service. Well, that certainly is that a big carrier does not have to co- Reluctantly, Mr. President, I an- true if you happen to live in Chicago, operate with anybody under any condi- nounce there will be no further re- New York, Los Angeles, or perhaps a tions. I think it is a silly case to make, corded votes today or on Monday. The dozen other cities. If you are traveling but I know people will make that case. next votes will occur at 10 o’clock on from Chicago to Los Angeles, guess What that will lead to is the cir- Tuesday. what? Look at an airline guide and you cumstance that now exists, only more Mr. DOMENICI. For those who want have all kinds of carriers to choose concentrated, and with fewer carriers. to offer amendments on Monday, what from, and they are vigorously compet- We have only five or six major carriers time would you intend to convene? ing with price and so on and so forth. in this country. They have gotten big- Mr. LOTT. Mr. President, if I could Those are the benefits and virtues of ger, with more economic power. They respond to the chairman of the energy airline deregulation. But the fact is, if have the capability of deciding any- and water appropriations Subcommit- you do not live in one of the large place, at any time, that a startup car- tee. We will come in, I believe, at 12 cities, airline deregulation has not rier is not going to make it because o’clock. We have some morning busi- been a success for you. It means less they are not going to allow it. ness that would take at least 2 hours. service and higher prices. I have a fistful of information here So we should be ready to go by 2 Now, what happened when we had from travel agents and others, who de- o’clock on the Energy and Water Ap- airline deregulation was—and we have scribe what they consider to be anti- propriations bill. seen merger after merger in the com- competitive practices by other carriers Again, I urge Senators, if they want bination of smaller airlines bought up against this startup carrier in North to offer their amendments—and I as- or merged into the larger airlines and a Dakota. I do not have stock in this sume most of them don’t—they will subsequent concentration of economic company. I do not know much about need to be here to offer amendments at power—the airlines sliced up parts of this company. I do not care about one 2 o’clock on Monday and today. the country into hubs, and they control company versus another. All I care Mr. DOMENICI. I thank the majority the hubs and decide how they want to about is that we have a circumstance leader. serve the public with price and service. where we have competitive airline Mr. DORGAN addressed the Chair. Then a new carrier starts up. How does service and an opportunity to get more The PRESIDING OFFICER. The Sen- a new carrier compete when you have and better service in a State like North ator from North Dakota. an airline industry that is now highly Dakota. Mr. DORGAN. Mr. President, I ask concentrated with a few giant eco- The current system, under deregula- unanimous consent to proceed as in nomic powers? The fact is, it does not tion, is an abysmal failure. Those who morning business for 8 minutes. compete, and it cannot compete very twirl around like cheerleaders, believ- The PRESIDING OFFICER. Without well. ing this represents something good for objection, it is so ordered. Two years ago, when this airline this country, ought to understand that f started, I went to the Secretary of it represents something good for only Transportation and had a meeting with part of the country; for those people AIRLINE DEREGULATION IS NOT him in his office. I said, the fact is, a lucky enough to live in the major HELPING EVERYONE new jet carrier cannot start up and be cities who are going to get more serv- Mr. DORGAN. Mr. President, about 2 successful under the current cir- ice at lower prices. For the people in years ago, Frontier Airlines began jet cumstances unless the discriminatory the parts of the country where there is airplane service in North Dakota. It practices that exist with the big car- less opportunity and where we have a was actually a carrier that had pre- riers against these new carriers are need for the startup of new regional jet viously quit service, and some years ended. The Department of Transpor- carrier services, the cheerleaders for later a new group of people using the tation has a responsibility to end it. deregulation ought to understand that same name, Frontier, reorganized and That was 2 years ago. Now, a jet carrier these startups are squashed like bugs started a new airline. trying to serve a State like North Da- by the major carriers of this country, Two years ago, when Frontier started kota and going into a hub like Denver, and the major carriers do this under service to parts of North Dakota, we in order to be successful, is going to the watchful eye of the people who are were fairly excited about that, because have the other major carriers provide supposed to be concerned about com- in a small, sparsely-populated State code-sharing arrangements. But, guess petition. like North Dakota, we need more com- what? A very large airline carrier, one I hope the Secretary of Transpor- petition in airline services. North Da- of the largest in the country, would say tation and the Department of Trans- kota is served by one major carrier. to a carrier like this, I am sorry, we do portation are able, at some point, to The fact is that when you have one- not intend to cooperate with you under take the kind of action that we expect carrier service—although I admire that any circumstances—on ticketing, on them to take to deal with these issues. carrier—you generally pay higher baggage—and we use our own computer We have a DOT bill coming to the prices, and you have the kind of service reservation system, and you will not floor next week. I intend to be here, if they decide they want to give to you. even show up on the first couple of necessary, with a whole range of So we were fairly excited that we screens that travel agents pull up. amendments talking about the airline would get that jet airline service to So what happens? The fact is that the issues and what DOT has or has not North Dakota. new carriers that start up do not make been doing on these issues. I might not This morning, Frontier Airlines an- it because there are fundamentally dis- get more than one vote for them. It nounced that it will withdraw its serv- criminatory practices, and we have a would not matter much to me. ice to North Dakota. I spoke with the Department of Transportation that I am not going to sit by and see this president of the company this morning. drags its feet and does nothing about happen. This notice today of the with- I also spoke with the Secretary of it. In the last couple of months, the De- drawal of service of another carrier in Transportation this morning about partment of Transportation has started North Dakota means North Dakotans this issue, and I want to comment for a to do some things, but not nearly will have less service and pay higher moment about this matter because it enough. For 11⁄2 years they did nothing. prices once again. The fact is, this is deals with the larger issue of airline That result is evident not only in not brain surgery, and this is not a deregulation. North Dakota, but also around the problem for which we do not know a S8980 CONGRESSIONAL RECORD — SENATE July 26, 1996 cure or a solution. We understand the using Missouri River water for our peo- will have comments on some aspects of problem and we know the solution. The ple. the bill before the bill is voted on. solution is not to preach about deregu- I have had a number of meetings on But I was quite disturbed to see on lation and then decide you could care this project over the past several years. page 36 of the bill beginning on page 35 less about whether there is anti- I met with Kurt Pfeifle yesterday, the where it says: competitive behavior. If this Govern- general manager of mid-Dakota project Notwithstanding the provisions of 31 ment, this Congress, this Department to discuss ways to get a higher funding U.S.C. funds made available by this act to of Transportation, or this Secretary of level. I have met with him and other the Department of Energy shall be available Transportation, do not do something South Dakotans who traveled here to only for the purposes for which they have propose this important project for been made available by this act, and only in about the anticompetitive practices accordance with the recommendations con- and anticompetitive behavior, we will 30,000 people in eastern South Dakota— tained in this report. Tom Edgar from Orient, Susan Hargens never see this problem resolved. My understanding of that language If I sound a little upset this morning, from Miller, Johnny Gross from Onida, in the bill is that it means that the re- I am. I hope that perhaps some discus- Eugene Warner from Blundt, Mory port language has the force of law. sions in the coming days might con- Simon from Gettysburg, to name a few. Mr. President, that is just not some- So, Mr. President, let me say in con- vince some of these carriers, that are thing that is correct. It is not appro- clusion that I thank the managers of out there trying to make it in an anti- priate. It is not in keeping with the the bill for the $7.5 million that has competitive environment, that some- proper procedures used by the Con- been included for mid-Dakota. It is a body is going to do something to make gress. it competitive and fair once again. very important water project in our I hope that my colleague from New Mr. President, as I said, from what I State. I hope that the level can be in- Mexico will accept the amendment to hear about the Senate schedule next creased to $11.5 million. strike that language. If not, obviously, week we will have the Department of I note that the administration in- I would want to ask for the yeas and Transportation appropriations bill on cluded only $2.5 million in their rec- nays. the floor. I intend to be over here ac- ommendations. So it has been a strug- Mr. President, I have no more discus- tively and aggressively working on gle. But it is very, very important to sion of that amendment. I am ready to some of these issues then. It may be the people of South Dakota. To have move on to the other amendment at the only appropriate and opportunistic clean drinking water for livestock and the appropriate time. way for me to make the point that I people is very, very important to the Mr. DOMENICI. Mr. President, I am think needs to be made. farmers and the people of eastern not prepared to accept the amendment So I appreciate the indulgence. South Dakota. at this time. My counterpart is not f Mr. President, I yield the floor. here at this time. Obviously, we both AMENDMENT NO. 5093 ENERGY AND WATER DEVELOP- want to look at it in light of our rea- Mr. DOMENICI. Mr. President, the MENT APPROPRIATIONS ACT, sons for putting it in. Our reasons for pending business is the Gorton amend- 1997 putting it in are different than the ment. Senator’s reasons for taking it out. We The Senate continued with the con- The PRESIDING OFFICER (Mr. would like to discuss that. So we will sideration of the bill. SHELBY). That is correct. debate that at another time. Mr. PRESSLER. Mr. President, I Mr. DOMENICI. We have no objection If the Senator is agreeable to proceed would like to speak on the bill, if I to the Gorton amendment, and the to another amendment, if he would may, for 3 minutes. other side has no objection to the Gor- like, if he would set his aside, it will be The PRESIDING OFFICER. The Sen- ton amendment. properly sequenced. ator from South Dakota. The PRESIDING OFFICER. If there Mr. MCCAIN. Mr. President, I would Mr. PRESSLER. Mr. President, I is no further debate on the amendment, be glad to do that. Prior to doing so, I want to commend the managers of this the question is on agreeing to the guess I would ask for the yeas and nays bill and the staff for the energy and amendment of the Senator from Wash- on the amendment. water development appropriations bill ington. The PRESIDING OFFICER. Is there a which I have in my hand which has a The amendment (No. 5093) was agreed sufficient second? provision for the Mid-Dakota Rural to. There is a sufficient second. Water System for $7.5 million. Mr. DOMENICI. Mr. President, I The yeas and nays were ordered. I hope in conference, or possibly in move to reconsider the vote by which Mr. MCCAIN. Mr. President, again I future developments, that the funding the amendment was agreed to. would be more than happy to engage in level for mid-Dakota can be raised to Mr. GORTON. I move to lay that mo- a discussion with both distinguished $11.5 million, which is the House level. tion on the table. managers on this amendment. I have I was disappointed with the adminis- The motion to lay on the table was only been here 10 years, but I have not tration only recommended $2.5 million. agreed to. seen such language in an appropria- While we need to change that, we can Mr. MCCAIN addressed the Chair. tions bill. I would be very disturbed to actually save money on a contractual The PRESIDING OFFICER. The Sen- see that became custom here in the basis by accelerating this project and ator from Arizona. Senate although, if the Senator from going to the $11.5 million level. AMENDMENT NO. 5094 New Mexico States has other reasons Let me say a word or two about the (Purpose: To clarify that report language for it being in there, I would be more mid-Dakota project. It will bring water does not have the force of law) than happy to discuss that. And per- into eastern South Dakota to 24 com- Mr. MCCAIN. Mr. President, I have haps we could change that language so munities, and it will run from Pierre to two amendments. The first one is at that the effect of the language is not as Huron, SD, along Highway 14 and sur- the desk. I ask for the immediate con- I see it. rounding areas. sideration of the first of the two So, Mr. President, I ask unanimous In the State of South Dakota in east- amendments. consent that my amendment be laid ern South Dakota we have a problem The PRESIDING OFFICER. The aside. with water. On my farm we have a clerk will report. The PRESIDING OFFICER. Without rural water system hooked up where The bill clerk read as follows: objection, it is so ordered. water is brought from a central source The Senator from Arizona [Mr. MCCAIN] AMENDMENT NO. 5095 as opposed to farms in this area that proposes an amendment numbered 5094. On (Purpose: To prohibit the use of funds to depend on wells. In this case, it takes page 36, line 1, strike all after the word carry out the advanced light water reactor the mid-Dakota project. This project ‘‘this’’ through line 3 and insert in lieu program) will bring water from the Missouri thereof the following: ‘‘Act.’’ Mr. MCCAIN. Mr. President, I have River eastward. We have the great re- Mr. MCCAIN. Mr. President, I and my another amendment which I send to source of the Missouri River in our staff spend some time perusing the ap- the desk and ask for its immediate con- State. It is almost unused. But this is propriations bills as they come up. I sideration. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8981 The PRESIDING OFFICER. The of Federal financial assistance to the Against Government Waste (CCAGW), I am clerk will report. program’s chief beneficiaries, which writing to urge you to introduce legislation The bill clerk read as follows: are well-to-do corporations which can to eliminate the Advanced Light Water Re- actor (ALWR) program. This program has al- The Senator from Arizona [Mr. MCCAIN], afford to bear commercialization costs ready surpassed its authorized funding level, for himself, Mr. FEINGOLD, Mr. GREGG, and on their own. and extending its funding will exceed the Mr. KERRY, proposes an amendment num- General Electric, Westinghouse, and goals of the Energy Policy Act of 1992 bered 5095. Asea Brown Boveri/Combustion Engi- (EPACT). Mr. MCCAIN. Mr. President, I ask neering have already received 4 years’ In 1992, EPACT authorized $100 million for unanimous consent that reading of the of assistance under this program since first-of-a-kind engineering of new reactors. amendment be dispensed with. 1993, and, significantly, these three In addition, EPACT specified that the De- The PRESIDING OFFICER. Without companies had combined 1994 revenues partment of Energy should only support ad- objection, it is so ordered. of over $70 billion, and last year their vanced light water reactor designs that The amendment is as follows: could be certified by the Nuclear Regulatory combined revenues exceeded $100 bil- Commission no later than the end of FY 1996. At the end of the bill, add the following: lion. I believe these corporations can In a surprise announcement on February SEC. . ADVANCED LIGHT WATER REACTOR PRO- afford to bring new products to the 28, 1996, General Electric (GE) terminated GRAM. market without taxpayers’ subsidies. one of its taxpayer-subsidized R&D light None of the funds appropriated or other- One of the primary recipients of this water reactor programs (the simplified boil- wise made available by this Act may be used program funding, General Electric, re- ing water reactor), stating that the compa- to carry out the advanced light water reac- ny’s recent internal marketing analyses tor program established under subtitle C of cently announced that it is canceling its simplified boiling water reactor showed that the technology lacked ‘‘com- title XXI of the Energy Policy Act of 1992 (42 mercial viability.’’ Westinghouse, which is U.S.C. 13491 et seq.) or to pay any costs in- after receiving $50 million from the De- slated to receive ALWR support between FYs curred in terminating the program. partment of Energy because extensive 1997–99 for its similar AP–600 program, is not Mr. MCCAIN. Mr. President, this evaluations of the market competitive- expected to receive design certification until amendment terminates funding for the ness of a 600 megawatt-sized advanced FY 1998 or FY 1999. Taxpayers should not be Advanced Light Water Reactor Pro- light water reactor have not estab- expected to throw money at projects with gram, which provides taxpayer-funded lished the commercial viability of little or no domestic commercial value. EPACT also stipulates that recipients of subsidies for corporations for the de- these designs. The program exemplifies the prob- any ALWR money must certify to the Sec- sign, engineering, testing, and commer- retary of Energy that they intend to con- cialization of nuclear reactor designs. lems of unfairness, in my view, that struct and operate a reactor in the United I am pleased that Senators FEINGOLD, corporate welfare engenders. If this States. In 1995, the Nuclear Energy Insti- GREGG, and KERRY of Massachusetts program’s designs are commercially tute’s newsletter, Nuclear Energy Insight, re- have joined me as cosponsors on this feasible, large wealthy corporations ported that, ‘‘all three [ALWR] designers see important amendment. I urge my col- like Westinghouse do not need tax- their most immediate opportunities for sell- leagues to support us in ending this payers to subsidize them because the ing their designs in Pacific Rim countries.’’ wasteful Government spending and cor- market will reward them for their ef- In Fact, GE has sold two reactors developed forts and investment in this research. under this program to Japan, and still the porate welfare. government has not recovered any money. Organizations such as Public Citizen, If they are not commercially viable, As you may recall, CCAGW endorsed your Citizens Against Government Waste, then the American taxpayer is being corporate welfare amendment, including the Competitive Enterprise Institute, Tax- forced to pay for a product in complete elimination of the ALWR program, to the FY payers for Common Cause, and the Her- defiance of market forces that a com- 1996 budget Reconciliation bill. We are again itage Foundation have lent their pany would not pay to produce itself. looking to your leadership to introduce leg- strong support to eliminating the fund- As a practical matter, such unneces- islation to now eliminate this program. I also testified before the House Energy and ing for the advanced light water reac- sary and wasteful Government spend- ing must be eliminated if we are to re- Environment Subcommittee on Science on tor, and last year a bipartisan Senate May 1, 1996 calling for the elimination of the coalition, with the help of the Progres- store fiscal sanity. More importantly, ALWR. The mission has been fulfilled, now sive Policy Institute and the Cato In- though, as a matter of fundamental the program should end. stitute, included the Advanced Light fairness, we cannot ask Americans to Sincerely, Water Reactor Program as one of a tighten their belts across the board in THOMAS A. SCHATZ, dozen high-priority corporate pork order that we might balance the budget President. items to be eliminated. while we provide taxpayer-funded sub- sidies to large corporations. Corporate PUBLIC CITIZEN, Many Americans would be surprised Washington, DC, June 25, 1996. welfare of this kind is unfair to the to know that this program has already Senator JOHN MCCAIN, received more than $230 million in Fed- American taxpayer. It increases the Russell Senate Office Building, Washington, eral support over the last 5 years. The deficit, and we cannot allow it to con- DC. Department of Energy has requested an tinue. DEAR SENATOR: We are pleased to support additional $40 million for the program Finally, there are no termination your efforts to terminate further govern- for fiscal year 1997. This program was costs to worry about because the De- ment support for the Advanced Light Water created under the Energy Policy Act of partment of Energy contract with Wes- Reactor (ALWR) program at the U.S. Depart- tinghouse specifically provides that ment of Energy. The ALWR program, having 1992. That act makes clear that design received five years of support and more than certification support should only be ‘‘reimbursements shall be subject to $230 million of taxpayer money, is a prime provided for advanced light water reac- availability of appropriated funds.’’ candidate for elimination in the coming tor designs that can be certified by the Enough is enough. After 5 years and budget cycle. It represents a textbook exam- Nuclear Regulatory Commission by no $230 million, it is time we bring the ple of corporate welfare, provides little value later than the end of fiscal year 1996. program to an end. to taxpayers and fails to account for the fact The Department of Energy has ac- I ask unanimous consent that copies that domestic interest in new nuclear tech- of letters from Citizens Against Gov- nologies is at an all-time low. knowledged that no advanced light As of today, not one utility or company water reactor designs that would be ernment Waste, Public Citizen, and the Competitive Enterprise Institute be participating in the ALWR program has funded under this bill will be certified committed to building a new reactor in this by the end of fiscal year 1996. Thus, printed in the RECORD. country nor are there any signs that domes- under the legislation no funds should There being no objection, the letters tic orders will be forthcoming in the foresee- be appropriated to support this pro- were ordered to be printed in the able future. Instead of providing reactors for gram’s designs. RECORD, as follows: American utilities, the ALWR program has Mr. President, this act specifies that CITIZENS AGAINST GOVERNMENT WASTE, become an export promotion subsidy for ‘‘no entity shall receive assistance for Washington, DC, June 18, 1996. General Electric, Westinghouse and Asea Brown Boveri in direct violation of the in- commercialization of an advanced light Hon. JOHN MCCAIN, U.S. Senate, tent of the Energy Policy Act. These compa- water reactor for more than 4 years.’’ Washington, DC. nies, with combined annual revenues of over The Department of Energy’s 1997 fund- DEAR SENATOR MCCAIN: On behalf of the $70 billion, are hardly in need of such gener- ing request would allow for a fifth year 600,000 members of the Council for Citizens ous financial support. S8982 CONGRESSIONAL RECORD — SENATE July 26, 1996 Continuing to fund the ALWR program Mr. President, the San Francisco and environmental concerns,’’ said Nuclear would send a strong message that subsidies Chronicle said, ‘‘If there’s a lucrative Energy Institute spokesman Steve to large, profitable corporations are exempt export market, let them finance their Unglesbee. ‘‘We think nuclear will be a con- from scrutiny while other programs in the tender.’’ federal budget are cut to reach overall spend- own development programs.’’ That would be a change. Nuclear power, ing targets. The industry receiving this sup- The Oregonian says, ‘‘Asking tax- once deemed the magic bullet for energy port is mature, developed and profitable and payers to subsidize nuclear power re- consumption, has fallen on hard times in the should be fully able to invest its own money search is like asking them to build past two decades. Catastrophes like Three in bringing new products to market. barns to store up horsepower.’’ Mile Island and Chernobyl haven’t helped, This legislation is consistent with your The Richmond Times Dispatch edi- but the main reason for the current lack of long-standing campaign to eliminate waste- torial lead says, ‘‘Zap It.’’ interest is probably more mundane. ful and unnecessary spending in the federal The Louisville Courier-Journal calls According to the Safe Energy Communica- budget. We salute your effort and offer our tion Council, which doesn’t like the reactor, help in pruning this subsidy from the fiscal it ‘‘A needless subsidy.’’ nuclear energy today costs 5 to 10 cents per year 1997 budget. The Kennebec Journal says, ‘‘Reactor kilowatt hour while coal-generated energy Sincerely, research funding deserves to be termi- costs 1.5 to 3.5 cents, natural gas, 3 to 4 BILL MAGAVERN, nated.’’ cents, and windmills, 5 cents. Utility execu- Director, The Charleston Gazette says, ‘‘Nu- tives can add. Critical Mass Energy Project. clear subsidy Corporate welfare?’’ The United States has 110 nuclear plants, The Morning Sentinel of Maine says, supplying 20 percent of the nation’s elec- COMPETITIVE ENTERPRISE INSTITUTE, ‘‘Congress should switch off Energy’s trical power needs. All use a controlled fis- Washington, DC, June 14, 1996. sion reaction to generate heat, which in turn Hon. JOHN MCCAIN, nuke-pork project.’’ makes the steam that drives turbine genera- U.S. Senate, Senate Russell Building, Washing- The Bangor Daily News says: ‘‘Mem- tors. ton, DC. bers of the House and Senate have yet The Advanced Light Water Reactor seeks DEAR CONGRESSMAN MCCAIN: I wish to com- to justify the need for what amounts to dramatic improvements in the old design mend you for your efforts to eliminate fund- a large corporate subsidy. It is likely through new computer technology and sim- ing for Advanced Light Water Reactor they cannot. Instead, they should end plified safety features that rely more on (ALWR) research. As a longtime opponent of the program before it costs taxpayers gravity and other natural forces and less on federal subsidies for energy research of this complex valve systems. kind, I am glad to see members of Congress any more money.’’ Almost everything else about the reactor representing the interests of the taxpayer on The Houston Chronicle says, ‘‘Time is in dispute. The Energy Policy Act, signed this issue. to stop federal subsidies for nuclear into law in November 1992, authorized five Since 1992, the Department of Energy has generators.’’ years of development funding. Because the spent over $200 million on ALWR research, And the Des Moines Register calls it fiscal year had already begun the reactor’s with little to show for it. If such reactors are ‘‘Nuclear Nonsense.’’ proponents say the clock started in 1993, and commercially viable, as supporters claim, this year’s request—$30.3 million—simply then there is no need to waste taxpayer dol- Mr. President, I ask unanimous con- sent that these editorials be printed in fulfills the five-year authorization. lars on what amounts to corporate welfare. Foley argues that because the act was If the ALWR is not commercially viable, the RECORD. signed in 1992, the fifth year was 1996 and the then throwing taxpayer dollars at it is even There being no objection, the edi- current request is extra. Besides, Westing- more wasteful. The fact that no utility plans torials were ordered to be printed in house wants funding through 1998, he adds, to build such a reactor in this country any the RECORD, as follows: which is icing on the icing. time soon suggests that the latter is more [From the Washington Post, May 28, 1996] Unglesbee counters that the 1998 funding likely. Either way, federal funding for this involves no extra money. Instead, Westing- RESEARCH FOR REACTOR NOBODY WANTS program should end. house simply wants to pick up $17 million I fully support your efforts to eliminate (By Guy Gugliotta) owed from past years, and has signed a deal the ALWR research subsidy and hope that Five or six years ago, depending on whom with the Energy Department to get it. this effort is the first step in the eventual you ask, Congress voted to fund research on Further, Unglesbee contends, the corpora- elimination of the Department of Energy as a new kind of nuclear energy plant called the tions will repay the investment once the or- a whole. Advanced Light Water Reactor. You remem- ders start rolling in—when old reactors wear Sincerely, ber nuclear energy, right? out or oil prices go up, or both, sometime in FRED L. SMITH, Jr., The money—more than $200 million so the not-too-distant future. President. far—has gone to three struggling firms— The technology is good, Unglesbee adds, Mr. MCCAIN. Mr. President, last General Electric, Westinghouse and Asea noting that GE is using it in a joint venture May, at the end May, there was an in- Brown Boveri Inc./Combustion Engineering. in Japan. The Safe Energy Council, however, teresting article in the Washington The idea is to develop a new generation of says this is a violation of the law, because Post by Mr. Guy Gugliotta. I would nuclear power generators. the projects are supposed to be built in the like to quote parts of his article. Except nobody in the United States wants United States, which doesn’t want then. one. No utility has bought a nuclear plant GE hasn’t paid back a dime on the Japa- Five or six years ago, depending on whom since 1937, and 89 percent of utility execu- nese reactors, but Unglesbee says that’s be- you asked, Congress voted to fund research tives polled this year by the Washington cause the Nuclear Regulatory Commission on a new kind of nuclear energy plant called International Energy Group said they never hasn’t yet certified the design. Once that the Advanced Light Water Reactor. You re- would. happens, the corporations have to kick back member nuclear energy, right? Even GE decided in February to abandon to the feds no matter where reactors are The money—more than $200 million so research on one of its two reactor projects, built. far—has gone to three struggling firms— concluding that ‘‘extensive evaluations . . . Until then, one supposes, taxpayers should General Electric, Westinghouse, and Asea have not established the commercial viabil- simply regard their investment as an export Brown Boveri Inc./Combustion Engineering. subsidy. The idea is to develop a new generation of ity of these designs.’’ nuclear powered generators. In the next couple of months Rep. Mark Foley (R-Fla.), a young conservative, will [From the Courier-Journal, Louisville, KY, Except nobody in the United States wants June 4, 1996] one. No utility has bought a nuclear plant try to kill the Advanced Light Water Reac- since 1973, and 89 percent of utility execu- tor. It is a waste of money, he said, and, even A NEEDLESS SUBSIDY tives polled this year by the Washington if it weren’t, ‘‘large corporations don’t need Congressman John Myers, a moderate Hoo- International Energy Group said they never the help of the federal government.’’ sier Republican in the last of his 30 years in would. He has 65 signatures on an amendment to the House, has an unbeatable opportunity to Even General Electric decided in February erase the reactor from the 1997 Energy De- make sure he’s remembered for opposing fla- to abandon research on one of its two reactor partment appropriations bill, and is brim- grant government waste. projects concluding that ‘‘extensive evalua- ming with confidence since he successfully Rep. Myers, a banker and farmer from the tions . . . have not established the commer- defunded a gas-cooled reactor last year. 7th District in west central Indiana, chairs cial viability of these designs.’’ ‘‘I understand the nuances of appropria- the Energy and Water Appropriations Sub- Mr. President, I would point out that tions better,’’ Foley said, which is fortunate committee. His panel is expected to decide I am a supporter of nuclear power. I be- for him, because, as everyone knows, start- this week whether to approve more taxpayer ing federal programs is hard, but getting rid money for private development of advanced, lieve that it is a viable option and of them is much harder. and purportedly safer, nuclear reactors. someday will be a viable option, but I And the nuclear industry is not going to This is an easy one and shouldn’t require do not believe that justifies this kind roll over. ‘‘In the next decade, the balance of more than a few moments of thought by Rep. of expenditure. power demand will shift . . . because of aging Myers and his colleagues. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8983 The committee should join forces on this tle more than an export promotion subsidy their companies would never consider order- issue with environmentalists and taxpayer since the reactors would be sold overseas. ing a nuclear power plant. protection groups, consumer advocates and Maine’s two congressmen, James B. Only 8 percent of those surveyed believe conservative think tanks. All agree that Longley in the 1st District and John E. that there will be a nuclear power resurgence what amounts to subsidies for several multi- Baldacci in the 2nd, may soon get a crack at in the next century. billion-dollar companies is a poor invest- this issue. Baldacci voted in favor of elimi- A 1996 survey of registered voters, con- ment and money down the drain. nating the program last year; Longley did ducted by Republican pollster Vince Breglio, Since World War II, Washington has lav- not vote. found that more than 71 percent of the voters ished tens of billions of dollars on civilian We would urge them to scrap this wasteful opposed government funding for developing a atomic research. The dream, never realized, spending, especially when the purpose is no new generation of nuclear reactors. was that electricity generated by nuclear longer of any use. The advanced light water reactor research program was created in 1992 to assist major plants would be abundant, safe and cheap. REACTOR WASTE Although those expenditures have been multinational corporations—General Elec- The issue: The Department of Energy’s Ad- tric, Westinghouse and Asea Brown Boveri/ scaled back, the public has continued to sup- vanced Light Water Reactor program is com- port programs at companies like General Combustion Engineering—in developing ad- ing under attack for having spent $270 mil- vanced reactors. Never mind that there was Electric and Westinghouse. lion over five years for a nuclear reactor no It could happen that a new generation of no U.S. market for a finished product. This one wants. safer, more efficient reactors will prove is a pork-barrel of the worst kind. It defines How we stand: The project is a classic gov- what is meant by the phrase ‘‘corporate wel- handy many years hence. If that time comes, ernmental boondoggie, all the more egre- rich corporations can surely be counted on fare.’’ gious since it squanders taxpayers’ money on Besides all of that, the Energy Policy Act to invest their own resources to complete wealthy multi-national companies. work on a commercially successful design. of 1992, which created this corporate welfare, expires in September, so why is the Energy Taxpayers have done more than their share. [From the Charleston Gazette, May 28, 1996] But there’ll be no market for nukes of any Department requesting additional funding kind in this country so long as such basic NUCLEAR SUBSIDY through fiscal 1997 and perhaps beyond? problems as safe long-term disposal of radio- CORPORATE WELFARE? It’s not as if the three major nuclear ven- dors are going broke and need extra bucks to active waste remain unsolved. General Electric had $60 billion in revenues finish the job. They showed combined reve- Given the new competitive pressures in the in 1994. Yet the company took millions of nues of $73 billion last year. utility industry, no manager with any con- dollars in tax money to fund research on ad- Moreover, General Electric announced in cern for his company’s financial stability vanced light-water nuclear reactors. February it was abandoning development of would even think of going nuclear. Demand Then this February, GE announced that it its boiling-water reactor, which to date has is as dead as the villages and fields near the was terminating one reactor program sub- received more than $50 million in taxpayer burned-out reactor in Chernobyl. sidized by taxpayers because it wasn’t ‘‘com- The only potential customers for the fruits subsidies under this program. mercially viable.’’ The Energy Policy Act of 1992 clearly stip- of America’s tax-supported research are Why on earth is Congress giving taxpayers’ ulates that recipients of the Advanced Light Asian countries, but exports would give rise money to billion-dollar companies to fund Water Reactor money must certify that they to new concerns about proliferation of nu- research that isn’t commercially viable? intend to construct and operate a reactor in clear materials. GE isn’t the only company taking hand- the United States. Yet these nuclear reactor That should clinch the case for Rep. Myers outs from the Department of Energy’s Ad- manufacturers are selling their U.S. tax- and others on the committee to do the tax- vanced Light Water Reactor Program. Wes- payer-supported reactor designs to Japan, payers a very large favor. Just vote no. tinghouse and other companies are also South Korea and other countries—a clear tapped into the program, which has poured [From the Kennebec Journal, June 3, 1996] violation of the intent of the law. $275 million into their pockets since 1992. Not only has the $275 million the govern- REACTOR RESEARCH FUNDING DESERVES TO BE Sadly, this subsidized research probably ment has paid out since 1992 been spent TERMINATED will never benefit one single American under false pretenses, but some of the tax- While it is always hard to start up a fed- consumer. There has not been a new nuclear payer dollars for this program also have been eral program, it’s even harder to stop one. reactor ordered in the United States since wrongly used to reimburse General Electric, Such is the case with many pork-barrel 1973. Instead of cheap, plentiful energy prom- Westinghouse and Combustion Engineering schemes Congress creates and then keeps on ised by proponents, nuclear plants turned for fees charged them by the U.S. Nuclear funding for no apparent reason that it lacks out to be more expensive than coal-fired gen- Regulatory Commission. the will to turn off the flow of money. erating plants. On top of that, the nation has This means taxpayers, not the corpora- Congress is currently considering continu- yet to figure out what to do with all of the tions, are paying fees meant to cover the ation of funding for something called the nuclear waste generated by the 110 nuclear costs of government services. U.S. Department of Energy’s Advanced Light plants in operation. The conservative Citizens Against Govern- Water Reactor, which over its five-year life Congress should end this subsidy, and let ment Waste, Cato Institute and Taxpayers span has cost taxpayers $230 million. these huge corporations risk their own for Common $ense organizations, as well as a This despite the fact that no utility has money designing new reactors that nobody variety of environmental groups, are united built a new nuclear plant in the past 23 years wants. in their opposition to continued funding for and that according to a poll conducted by this boondoggle. the Washington International Energy Group, [From the Oregonian, May 28, 1996] Even leaving the valid taxpayer-subsidy 89 percent of utility executives claim they A TASTE OF CORPORATE WELFARE arguments aside, continuing this program will never order another nuclear plant. No American utility has completed a nu- clearly is in conflict with congressional ef- Yet the research and development lives on. clear power plant in the past 23 years. In forts to cut the federal budget deficit, reduce The Advanced Light Water Reactor program fact, U.S. utilities have canceled every nu- federal spending and kill corporate welfare was created under the Energy Policy Act of clear reactor they’ve ordered since 1973. programs. 1992 and was supposed to be funded for only Let’s face it, nuclear power in the United Rep. Jim Bunn, R-Ore., who has used these five years. When the fifth year actually ends States, no matter how you might feel about themes in his campaign for re-election, is in some dispute since fiscal years and cal- it, is a dead issue. It’s simply too expensive serves on the House Appropriations sub- endar years overlap, but the 1997 DOE appro- to compete with alternative energy sources. committee that will decide the fate of ad- priations bill includes a $30.3 million request So why then are the Clinton administra- vanced light water reactor funding next to fulfill the original obligation. tion and Congress continuing to provide tax- week. The money—which critics such as the Safe payer dollars to subsidize research and devel- Oregonians should be relying on him to be Energy Communication Council contends is opment of the U.S. Department of Energy’s fiscally responsible and take these reactor little more than corporate welfare—goes to Advanced Light Water Reactor? vendors off welfare. multi-national corporations, including Gen- The House Energy and Water Appropria- eral Electric and Westinghouse to develop tions Subcommittee should be prepared to [From the Richmond Times-Dispatch, June the advanced nuclear reactors. answer that question next week when it con- 23, 1996] Such governmental largesse has caught the siders the Energy Department’s proposal to ZAP IT eyes of government-watch-dog groups as di- give additional funding to the light-water re- Wouldn’t it be nice if Congress could elimi- verse as Citizens against Governmental actor research program. nate all examples of dubious federal spending Waste, Friends of the Earth and the U.S. The facts clearly do not support further with a single stroke of a mighty pen or Public Interest Research Group, which have public subsidies for conventional nuclear fis- Bowie knife? Government doesn’t work that petitioned Energy Secretary Hazel O’Leary sion development. way, of course, which is one reason the feds to eliminate the program. Consider this: spend more of the taxpayers’ money than Already 65 members of Congress have A recent poll conducted by the Washington they should. Cuts generally occur the slow signed onto a request to scrap what they International Energy Group shows that 89 way: one at a time. And that brings us to the term wasteful spending that amounts to lit- percent of utility executives surveyed say Advanced Light Water Reactor (ALWR). S8984 CONGRESSIONAL RECORD — SENATE July 26, 1996 Fermat’s Last Theorem is easier to prove Indeed, the only markets where new U.S. ceived $47 billion in federal money for re- than—for liberal arts majors, at least—the designed nuclear plants are viable are in search and development. A bunch of that was ALWR is to explain. Let’s just say the ALWR Southeast Asia. Westinghouse, one of the spent after utilities gave up on it in the is a nuclear reactor, and leave it at that. De- program’s major benefactors, has identified early 1970s. spite generous (profligate?) government sub- China and Indonesia as the most likely mar- Today the nation is faced with the appar- sidies, research into the ALWR has produced kets for its reactor—despite a U.S. ban on ently impossible task of finding a way to few dividends. In a letter opposing continued exports of nuclear technology to China. safely dispose of nuclear waste that will re- funding for the reactor, the Heritage Foun- But the Energy Policy Act of 1992, which main dangerous for thousands of years. Re- dation argues: created the subsidy, specifically stipulated actor after reactor was built on the assump- As a recipient of this research funding has that the funds were for development of reac- tion that ‘‘someday’’ science would learn indicated, these reactors have not estab- tors to be constructed and operated in the how to handle the waste. lished their commercial viability. There United States—not reactors for export. And Science hasn’t. ‘‘Temporary’’ storage pools have been no nuclear reactors ordered or if, in fact, there is a lucrative export market, are close to overflowing. Nevada is fighting built in America since 1973, and there is no there’s no reason why companies like Wes- plans to bury it there; everyone else is fight- domestic market for nuclear power in the tinghouse and General Electric, with com- ing plans to ship it through their states to foreseeable future. . .If the reactors truly bined revenues of close to $70 billion a year, Nevada. would be profitable, then corporations would can’t finance their own development pro- Exhibit A: Chernobyl, the ultimate acci- willingly invest their own capital to receive grams without help from taxpayers. dent. Exhibit B: weapons-grade uranium, the the expected returns. This is the nature of This piece of nuclear pork was nearly ultimate terrorist tool. Exhibit C: hot waste, the free market. If an investment has a low killed last year by an unlikely coalition of the ultimate white elephant. probability of being profitable, however, the environmental liberals and budget-slashing Despite that sorry scenario, the U.S. De- federal government should not force tax- fiscal conservatives. With electric utility de- partment of Energy wants more money to payers to fund corporate ventures which un- regulation now adding to an already large make the program even worse. necessarily drain our nation’s wealth. surplus of electric generating capacity in the Baloney. Nuclear power remains a prudent way to United States, the reasons for letting the generate juice, probably the most prudent subsidy fade into the sunset in September, as [From the Morning Sentinel, June 3, 1996] way ever devised. Many of the obstacles scheduled, are better than ever. CONGRESS SHOULD SWITCH OFF ENERGY’S placed in its path are lamentable. Neverthe- NUKE-PORK PROJECT less, R&D relating to nukes is not an obliga- [From the Des Moines Register, May 23, 1996] While it is always hard to start up a fed- tion of government but of industry. Govern- NUCLEAR NONSENSE eral program, it’s even harder to stop one. ment’s role in power is to avoid impeding A trio of events has brought the lurid leg- Such is the case with many pork-barrel progress. Except perhaps in times of national acy of nuclear energy to the fore in recent schemes Congress creates and then keeps on crisis, the responsibility for producing en- days. The first was the anniversary of a nu- funding for no apparent reason that it lacks ergy rests with the private sector. The last clear disaster, the second, the need to divert the will to turn off the flow of money. time we checked, the U.S. was not fighting a some hot fuel from the weapons market; the Congress is currently considering continu- world war. Morever, the companies involved third, the need to shut of the federal money ation of funding for something called the in nuclear research are hardly poor. spigot feeding a dying industry. U.S. Department of Energy’s Advanced Light Welfare reform ranks among the year’s hot The 10th anniversary of the Chernobyl dis- Water Reactor, which over its five-year life issues. Republicans and Democrats, liberals aster late last month was a reminder of how span has cost taxpayers $230 million. and conservatives, gadflys and cranks are de- wrong things can go, and how one country’s This despite the fact that no utility has bating how best to promote self-sufficiency. energy source can be another’s poison. The built a new nuclear plant in the past 23 Corporate welfare also deserves some shak- reactor explosion at the Chernobyl plant in years, and that, according to a poll, con- ing up. The subsidies for the ALWR stand as the former Soviet Union spread a cloud of ra- ducted by the Washington International En- one example of what government ought not diation over Europe, releasing 200 times as ergy Group, 89 percent of utility executives to be doing. Congress should give the much radiation as Hiroshima and Nagasaki claim they will never order another nuclear ALWR—and similar projects—the zap. combined. Thirty-two died, but thousands plant. more may have radiation-related illnesses. Yet the research and development lives on. [From the San Francisco Chronicle, May 20, Nothing even close to Chernobyl has hap- The Advanced Light Water Reactor program 1996] pened in the 111 nuclear-power plants in the was created under the Energy Policy Act of END CORPORATE WELFARE FOR NUCLEAR United States. Civilian reactors have admi- 1992 and was supposed to be funded for only REACTORS rably clean records. But there have been five years. When the fifth year actually ends No American electric utility has success- some harrowing near-misses. is in some dispute since fiscal years and cal- fully ordered a nuclear power reactor for the Meanwhile, the U.S. Department of Energy endar years overlap, but the 1997 DOE appro- last 23 years. And a recent survey of utility has announced plans to import some 20 tons priations bill includes a $30.3 million request executives concluded that there is ‘‘little of nuclear waste from 41 nations to keep it to fulfill the original obligation. hope that new nuclear generation’’ will re- out of the hands of potential terrorists. Most The money which critics such as the Safe main an option ‘‘in a time frame that has of it will come from Europe, and some from Energy Communication Council contends is any practical significance.’’ Asia, South America and Australia. The little more than corporate welfare goes to So why are U.S. taxpayers still being asked United States sent the stuff overseas as fuel multi-national corporations, including Gen- to fork over hundreds of millions of dollars over a 40-year period. Some of it is weapons- eral Electric and Westinghouse to develop to mature, highly profitable private compa- grade uranium. the advanced nuclear reactors. nies to develop new nuclear power reactors? Finally, Congress will soon vote on wheth- Such government largesse has caught the The House Energy and Water Appropria- er to continue the taxpayer subsidy of the eyes of government-watchdog groups as di- tions Subcommittee is scheduled to take up Advanced Light Water Reactor, a project verse as Citizens against Governmental that question later this week as it looks for that has gobbled up $275 million. Waste, Friends of the Earth and the U.S. fiscal 1997 budget savings among existing en- The 1992 ALWR project was intended to im- Public Interest Research Group, which have ergy programs. A prime candidate should be prove the design of nuclear-power plants in petitioned Energy Secretary Hazel O’Leary the Department of Energy’s five-year-old Ad- the United States, where no new nukes have to eliminate the program. vanced Light Water Reactor program, a shin- been built in a generation. Nobody was en- Already 65 members of Congress have ing example of corporate welfare that has ticed by ALWR, either, so the tax money signed onto a request to scrap what they never delivered—and probably never will—a went for reactor designs destined for over- term wasteful spending that amounts to lit- single kilowatt of electricity to American seas markets, enriching Westinghouse and tle more than an export promotion subsidy consumers. General Electric (which hardly need federal since the reactors would be sold overseas. The idea of subsidizing industry research subsidies). Maine’s two congressmen, James B. on a generic, pre-licensed and safer type of Everybody from the conservative CATO In- Longley in the 1st District and John E. reactor for the American market may have stitute to the liberal U.S. Public Interest Re- Baldacci in the 2nd, may soon get a crack at made sense five years ago. But except for the search Group wants the program junked. this issue. Baldacci voted in favor of elimi- reactor’s export potential, it’s hard to see Said Jerry Taylor, CATO’s natural resources nating the program last year; Longley did how a continuation of the program, which is director, ‘‘If ALWR is such a promising tech- not vote. We would urge them to scrap this wasteful scheduled to expire this year, can be justi- nology let the nuclear industry fund it them- spending, especially when the purpose is no fied. selves.’’ longer of any use. Just four months ago, General Electric, The project expires this year. But the U.S. which has received $50 million from the pro- Department of Energy wants another $40 WASTED MILLIONS gram to develop a prototype, announced that million to keep it going. The issue: Congress is currently consider- it was abandoning the effort because its own Since 1948, when atomic power was being ing continuation of funding for something market research had ‘‘not established the hyped as the energy source of the future, called the U.S. Department of Energy’s Ad- commercial viability of these designs.’’ ‘‘too cheap to meter,’’ nuclear fission has re- vanced Light Water Reactor, which over its July 26, 1996 CONGRESSIONAL RECORD — SENATE S8985 five-year life span has cost taxpayers $230 Now the Department of Energy is asking biggest examples of corporate pork, the million, despite the fact that no utility has Congress for a three-year extension in fund- Advanced Light Water Reactor Pro- built a new nuclear plant in the past 23 ing for the Advanced Light Water Reactor gram. years. program, which was supposed to be com- This program has already spent over How we stand: Already 65 members of Con- pleted by the end of this fiscal year. Local gress have signed onto a request to scrap U.S. Reps. Sheila Jackson Lee, Gene Green $200 million of taxpayer money to im- what they term wasteful spending. Maine’s and Ken Bentsen have a record of having prove the designs of nuclear power two congressmen, James B. Longley in the voted for this program. Congress now should plants that nobody in this country 1st District and John E. Baldacci in the 2nd, say no to this ‘‘corporate welfare.’’ wants. There is no demand for more should join them. The fact that few, if any, American utili- nuclear power plants in the United ties appear interested in buying new nuclear States. No utility has bought a nuclear [From the Bangor Daily News, June 21, 1996] plants would make the taxpayers’ invest- power plant since Richard Nixon was SPENDING PRIORITY ment questionable even without today’s se- President. vere restraints on the federal budget. No U.S. utility has purchased a nuclear This program is the definition of cor- plant for more than a quarter century and, Recipients of ALWR funds, including such giants as General Electric and Westinghouse, porate pork. The three companies according to a recent survey, almost no util- which received the majority of funding ity executive plans to ever order another have the resources to finance the develop- one. This, unfortunately, has not stopped the ment of these new reactors, if they so for this program had a combined profit federal government from spending $235 mil- choose. If the market is there and ALWR of $80 billion last year. It is uncon- lion in the last five years on nuclear re- technology works, let them develop these scionable for the Federal Government search for a new style of nuclear power new nuclear plants on their own. to subsidize the research and develop- Meanwhile, the bloom is off nuclear power plant, nor has it slowed members of Congress ment budgets of these companies when from asking for more money—$30 million plants for most Americans. Taxpayers’ funds should be spent more wisely, particularly we cannot sufficiently fund our schools this year—for the project. or put enough cops on the beat to make This is not a knock on government-spon- with the critical need to balance the budget. sored research but a questioning of prior- Mr. MCCAIN. Mr. President, I know our communities safe. ities. The tax money used for developing the that there will be some opposition to In 1992, the Congress funded research Advanced Light Water Reactor has gone this amendment because we have de- for this project for 5 years ending in largely to three firms: Westinghouse, Gen- bated and discussed this program be- 1996. Now proponents of the advanced eral Electric and Asea Brown Boveri Inc./ fore in this Chamber. I would obviously light water reactor say that they need Combustion Engineering. All of them are 3 more years of funding to finish the well able to support their own work and be interested in engaging in that de- bate, which I think may not take place designs that no one wants. This is just would, if it ever had a chance of turning a corporate pork and it has to be stopped profit. A 1995 study by Washington Inter- until Monday or Tuesday. But I hope to national Energy Group showed that 89 per- be here at that time. now. cent of utility executives believed their util- In the meantime, Mr. President, I Proponents of this program cite ity would never order another nuclear power ask for the yeas and nays on this China as a prime market for the design plant, suggesting a dismal future market. amendment. despite the fact that it is illegal to sell The Advanced Light Water Reactor pro- The PRESIDING OFFICER. Is there a China this technology. gram has been trying to develop a simpler, sufficient second? Proponents also argue that corpora- safer nuclear plant—a potentially wonderful tions are going to repay the Federal thing—but supporting this research should There is not a sufficient second. Mr. MCCAIN. Mr. President, I yield Government for its investment in the not be a priority with a government that is Advanced Light Water Reactor Pro- trying to balance its budget and has trouble the floor. covering the cost of health care and edu- The PRESIDING OFFICER. Is there a gram once they receive orders for these cation for its citizens. If Congress is deter- sufficient second? new plants. However, General Electric mined to spend money on nuclear programs, Not at this time. has already canceled part of this it might consider investing further funds in Mr. DOMENICI. We will have plenty project because it is not commercially finding a suitable place to store the high- of time to make sure the Senator gets viable. level radioactive waste from the country’s the yeas and nays. For all these reasons the advanced 110 active nuclear power plants. Mr. MCCAIN. I thank the Senator light water reactor must be stopped. A wide range of organizations oppose the The PRESIDING OFFICER. The Sen- new proposed funding for the reactor, includ- from New Mexico. ing U.S. Public Interest Research Group, the Mr. President, I yield the floor. ator from New Mexico. Heritage Foundation, the Council for Citi- Mr. KERRY. Mr. President, every Mr. DOMENICI. Mr. President, Sen- zens Against Government Waste and Tax- day, the working families of Massachu- ator JOHNSTON has the best grasp of payers for Common Sense. Sixty-nine mem- setts have to make tough choices about this program and will argue in opposi- bers of Congress have signed a letter express- what they can afford, how to pay the tion to it in due course. He is not here ing their opposition to it. The Department of rent, or whether they can send their today for the rest of this afternoon, but Energy and advocates of the nuclear power kids to college. I want to say to the Senator from Ari- industry favor continued funding. zona how much I appreciate the way he Members of the House and Senate have yet The Federal budget deficit, while re- to justify the need for what amounts to a duced considerably due to President has handled these amendments and the large corporate subsidy. It is likely they can- Clinton s leadership and the courage of manner in which he has presented not. Instead, they should end the program the Democratic-controlled Congress in them. He has made in a very few mo- before it costs taxpayers any more money. 1993, is still over $100 billion a year. We ments as good an argument as there is absolutely must get a grip and bring going to be against this program, and [From the Houston Chronicle, June 20, 1996] the Federal Government’s expenditures he did not fill the air with all kinds of DIM FUTURE—TIME TO STOP FEDERAL within its means. technical things but went right to the SUBSIDIES FOR NUCLEAR GENERATORS Like families in Massachusetts, I heart of it. Surely this has been before Nuclear power plants to produce cheap have been working in the U.S. Senate us before, but obviously it will be electricity were once the dream of the fu- to make the tough choices concerning taken up briefly in opposition, and ture. But the bright future of nuclear plants then it will take its place among the has dimmed as higher than expected con- our Federal budget. struction costs, environmental consider- In 1994, I successfully led the fight to votes to occur on Tuesday. ations and safety concerns have taken their eliminate funding for the dangerous ad- I understand the Senator may have a toll over the past two decades. vanced liquid metal reactor. bit of difficulty being here on Monday. No new nuclear power plant has been or- Last year, I stood with Senators I understand that. He can rest assured dered in the United States since 1973, and MCCAIN, FEINGOLD, and THOMPSON in an we will try to get the yeas and nays at most utility company executives surveyed effort to cut $60 billion in corporate the earliest moment, so he can be as- this year said they would never consider or- welfare programs to get rid of wasteful sured of that. dering a nuclear power plant. Mr. MCCAIN. Mr. President, as al- Yet, Congress has authorized more than Federal spending and reduce the defi- $230 million in federal support to companies cit. ways, I thank the very wonderful cour- since 1992 to develop advanced nuclear reac- Today, I am proud to continue that tesy of my colleague from New Mexico. tor designs when no one in the United States fight as a cosponsor of Senator The PRESIDING OFFICER. The Sen- apparently wants to buy them. MCCAIN’s legislation to cut one of the ator from New Mexico. S8986 CONGRESSIONAL RECORD — SENATE July 26, 1996 Mr. DOMENICI. Mr. President, I NEW MEXICO ‘‘COMMITMENTS’’ entific evidence that a higher standard would like to clarify one point in the The Subcommittee reports state the fol- would not be protective of aquatic life. committee report. Reference is made in lowing: ‘‘For purposes of initiating construc- In addition, a direction to the Secretary of Interior to take steps to address nonpoint the report to the commitment of the tion of Stage A, the existing repayment obli- gations of the parties contracting for water, source pollution in New Mexico issued simul- State of New Mexico to the Animas-La taneously with a mandate to proceed with Plata project. Specifically, this com- along with the commitments of the States of Colorado and New Mexico, provide adequate construction of a project that, if its agricul- mitment includes the 1986 cost-sharing assurances that the United States will be re- tural irrigation components are included agreement for the project, allocation of paid in connection with construction of (Stage B of Phase I and Phase II), will lead consumptive use required for the those facilities.’’ (Emphasis added.) This lan- to large new nonpoint source pollution prob- project from New Mexico’s apportion- guage indicates erroneously that the State lems in the State is both ironic and nonsen- ment under the Upper Colorado River of New Mexico has made a financial commit- sical. If the reports’ intent is to require the Secretary to mitigate the adverse water Basin compact, participation in the ment toward the construction of the Animas-La Plata (ALP) Project. I know of quality impacts of the Project, then such San Juan River Recovery Implementa- mitigation should be identified, described, tion Program, and support of the Colo- no such financial commitment. Although the State Legislature in 1991 authorized $2 mil- and committed to in the environmental doc- rado Ute Indian water rights settle- lion in severance tax bonds to assist San umentation for the Project, rather than ment. Juan County with ALP start-up costs, in 1993 being relegated to a vague allusion in a con- I ask unanimous consent to have two the Legislature took the money back and au- gressional report. letters in their regard printed in the thorized it for other purposes. Because the Contrary to the reports’ implications, Stage A cannot be viewed in isolation from RECORD. State of New Mexico has no outstanding fi- nancial commitment toward repayment of the remainder of the Project, especially the There being no objection, the letters remainder of Phase I. Construction of Stage were ordered to be printed in the ALP construction costs, this report state- ment is erroneous and should be stricken. A would not satisfy the requirements of the RECORD, as follows: 1988 Colorado Ute Indian Water Rights Set- EVASION OF FEDERAL AND STATE NEW MEXICO INTERSTATE tlement Act. Stage B, which involves a great ENVIRONMENTAL LAWS STREAM COMMISSION, deal of irrigation and related impacts on Santa Fe, NM, October 5, 1995. Addressing environmental impacts of the New Mexico water quality, must also be con- Hon. PETE V. DOMENICI, ALP Project, the reports state: structed in order to meet the terms of the U.S. Senator, Dirksen Senate Office Building, ‘‘The present documentation is fully in- Settlement Act. Since, as the Reports note, Washington, DC. formative of these issues and construction of New Mexico already had a severe water qual- DEAR SENATOR DOMENICI: Recent news arti- the first stage of the project may proceed ity problem in the river stretches affected by cles and other reports reaching this office in- without adversely affecting any of the other the Project, any further deterioration of dicate continuing controversy concerning ef- water users on the San Juan system. water quality in that area is not acceptable. forts to proceed with development of the * * * * * Thus, this language, which implicitly en- Animas-La Plata Project. ‘‘The Committee is aware that the San dorses evasion of the Clean Water Act and This agency continues its full support for Juan River and its tributaries do not con- State water quality standards, should be the project which includes the commitments sistently meet New Mexico’s newly adopted excised. made by New Mexico under the several inter- water quality standards for selenium and Please urge the Committees to strike the state stream compacts, congressional au- that there is concern over the potential ef- erroneous language concerning ALP from thorization of the project, the 1986 cost-shar- fect of the operation of the Animas-La Plata their reports and to remove from the reports ing agreement for the project, allocation of facilities in Colorado on this existing prob- all implications that compliance with fed- consumptive use required for the project lem. The Secretary of the Interior should eral and state laws may be short-circuited in from New Mexico’s apportionment under the take reasonable steps to assist Colorado and order to commence Project construction as Upper Colorado River Basin Compact, par- New Mexico in improving the quality of sur- hastily as possible. ticipation in the San Juan River Recovery face flows by addressing the problems caused Sincerely, Implementation Program and support of the by non-point sources.’’ TOM UDALL, Colorado Ute Indian Water Rights Settle- This language is problematic because it Attorney General. ment. The water committed to the project implies a congressional finding of the ade- GARRISON DIVERSION PROJECT by New Mexico from the public waters of the quacy of the environmental documentation Mr. DORGAN. Mr. President, the ap- state must be made available for use as soon for the project and a concomitant exemption propriations process provides once as possible to meet current demands for from full compliance with the National Envi- again a payment for something called water in the San Juan River Basin. ronmental Policy Act. Yet the adequacy of the Garrison Diversion Project, which I urge that the Congress take such action the ALP EIS and its supplement is in gave is a very important project, fulfilling a as is reasonably necessary to ensure the ex- doubt. Just recently, EPA stated that it peditious development of the Animas-La ‘‘ha[d] identified significant shortcomings in promise made by the Federal Govern- Plata Project to provide needed water supply the level and scope of [environmental] analy- ment to the State of North Dakota 40 for use in Colorado and New Mexico. sis,’’ and that ‘‘this EIS process [for ALP] years ago. Please let me know if I may provide addi- has not adequately considered the impacts to I appreciate very much the help of tional information. Navajo water rights and existing water the Senator from New Mexico, the Sen- Sincerely, projects, water quality, mitigation, and the ator from Louisiana, and others on THOMAS C. TURNEY, impacts associated with municipal and in- those issues. Secretary. dustrial use.’’ I wanted to thank them today for Neither the New Mexico Environment De- that assistance. It is part of a prom- ATTORNEY GENERAL OF partment nor this office has completed a re- NEW MEXICO, view of the new documentation, but prelimi- ise—keeping a promise to a State for Santa Fe, NM, July 17, 1996. nary analyses indicate that it is sorely lack- water delivery from a series of dams Hon. PETE V. DOMENICI, ing, particularly in relation to the Project’s that were built in North Dakota that U.S. Senator, water quality impacts in New Mexico and flooded a half a million acres. That Washington, DC. the absence of analysis of alternatives that flood came and stayed. We were told DEAR SENATOR DOMENICI: I write to you would meet the terms of the 1988 Colorado that, if you will accept the permanent concerning language in draft Senate and Ute Indian Water Rights Settlement Act. flood, we will give you some benefits House Appropriations Subcommittee reports There is simply no basis for a congressional addressing the proposed Animas-La Plata pronouncement that the environmental doc- over the next 50 or 60 years. Project. Because some of the statements in umentation for the Project ‘‘is fully inform- That is what this process has been the reports are false and because other state- ative of these issues.’’ about—benefits that will in the long ments appear to encourage bypassing of fed- Moreover, the reports’ implications that run allow jobs and opportunity and eral laws, I urge you to contact members of New Mexico’s only water quality concern re- economic growth in a rural State that the Appropriations Committees to urge that lates to its recent adoption of a new sele- needs it, but also benefits that are the the problematic language be stricken from nium standard are false. The ALP Project second portion of a promise that was those reports. Alternatively, I ask that you threatens to violate or exacerbate existing made if we kept our portion. seek clarification from Committee members violations of multiple state water quality We now have a permanent flood of a on the intent underlying the reports. Al- standards, including selenium, mercury, and though this report language does not carry possibly others. The 1994 state selenium half a million acres. This payment once the force of law, it has great potential to standard was adopted unanimously by the again is another installment in the mislead agencies, courts, and the public at state Water Quality Control Commission on Federal Government keeping its prom- large, to the detriment of all. the basis of extensive and convincing sci- ise to the people of North Dakota. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8987 HANFORD NUCLEAR RESERVATION Here are some other accomplish- which will include incentives to ensure Mr. GORTON. Mr. President, this ments worth nothing: tax dollars are spent efficiently, will be afternoon I want to discuss the Han- 2,300 metric tons of corroding spent awarded at the site. A new manage- ford Nuclear Reservation, a place im- nuclear fuel will be stabilized and ment and integrator system will be im- portant to me, to the people of the moved away from the Columbia River plemented where the lead contractor— State of Washington, and to the Na- three years ahead of schedule and $350 much like on the space station tion. million under budget; project—will hire subcontractors at the Hanford, as my colleagues on both The cost of solid waste disposal has most economical price to complete sides of this aisle continually point been reduced by 75 percent over the work at Hanford. out, has had its share of problems and last 5 years, making the price of clean- Finally, DOE is expected to award challenges for the Nation. That goes up lower than commercial equivalents; two private contracts to dispose of the without saying when you are the care- Decontamination of PUREX, the Plu- 54 million gallons of radioactive waste taker to 80 percent of the Nation’s tonium Uranium Extraction Plant, is upon completion of its removal from spent plutonium and 177 tanks filled 16 months ahead of schedule, $47 mil- the 177 underground tanks situated at with millions of gallons of nuclear by- lion under budget and upon completion the site. And although I have generic products. Nuclear weapons production in 1997 will cut its annual mortgage questions over the scope and nature of and its associated hangover—cleanup— cost from $34 million to less than $2 DOE’s tank waste remediation system are tasks that no one wants any more, million; project, I think privatization is the not Oregon, California, New York, or 450 unnecessary DOE regulations and only way it will be able to meet its re- Alaska. You name it, people in other orders have been eliminated; quirements to clean that portion of the States of this Nation have gladly ac- The 50-year practice of discharging site. The Department’s pursuit of a two cepted the benefits of the efforts con- contaminated water to the ground soil step cleanup process allows for new ducted at Hanford, freedom provided by has been terminated; technologies and developments to be a strong nuclear deterrent, but they 7.5 million gallons of water have been incorporated into the second phase of are relatively uninterested in the mess evaporated from the tank farms, slow- the project. It has been projected that that is left behind. ing the leaks and avoiding $385 million by using private expertise, DOE is like- Instead, Hanford’s critics collectively in costs for new tanks; ly to reduce the costs of tank cleanup plug their noses, complain about the Hanford workers have reduced the by as much as $13 billion. That is bil- lack of results they have received from generation of new mixed radioactive lion with a B. the money invested in cleanup so far. waste by almost 200,000 gallons a year; We are going to take these three Not only is that disdainful of Hanford’s Safety performance at the site has events and push the Hanford manage- contribution to this Nation’s security jumped from the bottom 25 percent ment system even harder. Greater pro- and freedom, but it is also plain wrong. among DOE sites to the top 25 percent ductivity can be squeezed out of Han- Over the past 2 years, the Department in the fiscal year 1994–95 timeframe; ford, and these initial first steps are a of Energy, the Hanford community, Worker compensation costs have fall- good start. and this Congress have made real en as safety performance increased: IT’S OUR STATE, OUR RIVER, THESE ARE OUR progress toward getting on with real $700,000 was saved on Hanford 6-month PEOPLE—WE ARE NOT GOING TO RETREAT clean up. insurance and workers compensation Last year in the conference on the Mr. President, I would focus this bill alone; energy and water appropriations bill, afternoon on three things. I will tell 17.1 million gallons of ground water the House and Senate were locked in you what has been achieved and actu- were treated; an intense struggle regarding increased ally cleaned up over the last 2 years; I Over 20,000 cubic yards of contami- funding for defense environmental res- will tell you what more can be ex- nated soil were excavated, while 141,000 toration and waste management within pected; and I will make the case for pounds of tetrachloride were removed the DOE complex. I told my entrenched why we need a continued investment in from the ground water; colleagues from the House that this the site. 44,000 highly radioactive fuel spacers DOE is doing a better job than its pred- Cleanup successes at Hanford are be- were removed from the Columbia ecessor. For Senator MURRAY, Senator ginning to pay off in a big way. The River; and HATFIELD, and myself, this is life or management strategy developed by the The baseline costs for DOE’s Reme- death. It’s our State, our river, these Department of Energy is increasing dial Action Project were reduced by are our people. We are not going to re- productivity for less money; its mak- $800 million and its scheduled improved treat. I have not changed my position ing the site a safer place to work; and by 9 years. from that conference one bit. it has tackled, albeit clumsily, the dis- I could go on, but I am afraid I would The people of the Tri-Cities and the turbing but necessary task of trimming lose the point of this discussion within Columbia River are critical to Wash- the workforce. the nuances of technical achievements. ington’s economic health. Granted, With a focused management strat- That is just a part of what has been ac- Hanford has been a nagging cough for egy, DOE allowed Hanford to perform complished in the past 24 months. You some time. But we are beating the sys- the full projected $225 million environ- can expect more. temic problems at the site; we are driv- mental restoration work over the past WHERE WE ARE GOING AT HANFORD ing costs down in terms of manage- 2 years with only $175 million. This is a This year, the House and Senate ment, overhead, and superfluous ex- $50 million dollar savings. More impor- passed comprehensive legislation in penses; we are getting on with cleanup. tantly, DOE canceled its cost-plus con- the 1997 Defense Authorization Act to President Clinton came to Congress tracting, and entered into one of the help lock in greater efficiencies at DOE with a budget proposal for nuclear most aggressive performance-based sites. The legislation, sponsored by my- waste cleanup which was woefully in- contracts in its entire complex. The self and DOC HASTINGS in the House, adequate. The Senate rightly restored work force has been cut by 4,774 jobs, grants expanded authority to site man- over $200 million to the defense envi- and costs associated with equipment, agers to take quick action on cleanup ronmental restoration and waste man- inventory, training, and travel have all projects; it places strict limits on cost- agement account. It did not abandon been slashed. Despite these cuts, im- ly paperwork studies; lays down a 60- Hanford, as this administration clearly portant cleanup milestones are consist- day time limit on DOE headquarters did. We will not let up pressure to get ently met. review of budget transfers; and it es- this site clean, because to do so would Workers at Hanford are in the field, tablishes systems to demonstrate and be a tragic waste of the investment we pushing dirt rather than paper. Two deploy new technologies. Again, many have already made. An investment, years ago, 72 percent of Hanford’s em- thanks to my colleagues on the Armed which most of my colleagues know, to- ployees did paperwork, while only 28 Services Committee for their help in tals in the billions. percent actually did cleanup. Today, seeing this legislation passed. So, Mr. President, I have outlined the that field versus non-field ratio has Within the next few weeks, a new 5- progress we have made at Hanford, and flipped completely. year performance based contract, I have pointed out where we intend to S8988 CONGRESSIONAL RECORD — SENATE July 26, 1996 go. I hope my colleagues will acknowl- of vacationers that have enjoyed the provide tax relief for small business, to edge that Hanford cleanup is working. safe beaches of Rehoboth for so many protect jobs, to create opportunities, to My colleagues need to recognize that, years, I say thank you. And best of increase the take home pay of workers, and push aside the stereotypes that for luck to Rehoboth Beach Patrol, as it to amend the Portal-to-Portal Act of too long have been associated with works on another 75 years of perfect 1947 relating to the payment of wages Hanford. We can’t forget what Hanford service. to employees who use employer-owned has contributed to the defense of this f vehicles, and to amend the Fair Labor Nation, and we certainly should not Standards Act of 1938 to increase the back away from the commitment we THE VERY BAD DEBT BOXSCORE minimum wage rate and to prevent job have to get this site clean. Mr. HELMS. Mr. President, at the loss by providing flexibility to employ- Mr. DOMENICI. Mr. President, I ask close of business yesterday, Thursday, ers in complying with minimum wage if there are any other Senators who July 25, the Federal debt stood at and overtime requirements under that would like to present their amend- $5,181,309,194,639.37. act, and asks a conference with the ments? We can be here for a while if On a per capita basis, every man, Senate on the disagreeing votes of the there are. Soon we are going to get woman, and child in America owes two Houses thereon, and appoints the wrap-up from the leader, a unanimous- $19,525.39 as his or her share of that following Members as the managers of consent here. I will try to get that debt. the conference on the part of the quickly so we do not keep the Presid- f House: ing Officer here. From the Committee on Ways and MESSAGES FROM THE HOUSE We will have a quorum call so I will Means, for consideration of the House see if we can get that done expedi- At 12:10 p.m., a message from the bill (except for title II) and the Senate tiously. House of Representatives, delivered by amendment numbered 1, and modifica- I suggest the absence of a quorum. Mr. Hays, one of its reading clerks, an- The PRESIDING OFFICER. The tions committed to conference: Mr. AR- nounced that the House has passed the CHER, Mr. CRANE, Mr. THOMAS, Mr. GIB- clerk will call the roll. following bill, in which it requests the The bill clerk proceeded to call the BONS, and Mr. RANGEL. concurrence of the Senate: roll. As additional conferees from the Mr. DOMENICI. Mr. President, I ask H.R. 3816. An act making appropriations Committee on Economic and Edu- unanimous consent that the order for for energy and water development for the fis- cational Opportunities, for consider- cal year ending September 30, 1997, and for the quorum call be rescinded. other purposes. ation of sections 1704(h)(1)(B) and The PRESIDING OFFICER. Without 1704(l) of the House bill and sections objection, it is so ordered. The message also announced that the 1421(d), 1442(b), 1442(c), 1451, 1457, f House has agreed to the following con- 1460(b), 1460(c), 1461, 1465, and current resolution, in which it requests 1704(h)(1)(B) of the Senate amendment MORNING BUSINESS the concurrence of the Senate: numbered 1, and modifications com- Mr. DOMENICI. Mr. President, I ask H. Con. Res. 203. Concurrent resolution mitted to conference: Mr. GOODLING, providing for an adjournment of the two unanimous consent that there now be a Mr. FAWELL, Mr. BALLENGER, Mr. CLAY, Houses. period for the transaction of morning and Mr. OWENS. ENROLLED BILL SIGNED business, with Senators permitted to As additional conferees from the The message further announced that speak for up to 5 minutes. Committee on Economic and Edu- The PRESIDING OFFICER. Without the Speaker has signed the following cational Opportunities, for consider- objection, it is so ordered. enrolled bill: ation of title II of the House bill and f H.R. 1114. An act to authorize minors who the Senate amendments numbered 2–6, THE 75th ANNIVERSARY OF THE are under the child labor provisions of the and modifications committed to con- Fair Labor Standards Act of 1938 and who are REHOBOTH BEACH PATROL under 18 years of age to load materials into ference: Mr. GOODLING, Mr. FAWELL, Mr. ROTH. Mr. President, I rise balers and compactors that meet appropriate Mr. BALLENGER, Mr. RIGGS, Mr. CLAY, today to commemorate the 75th anni- American National Standards Institute de- Mr. OWENS, and Mr. HINCHEY. versary of the Rehoboth Beach Patrol sign safety standards. The message further announced that [RBP] and the patrol’s 75-year perfect f the House disagrees to the amendments of the Senate to the bill (H.R. 3845) safety record. Every summer, Reho- MESSAGES FROM THE HOUSE making appropriations for the govern- both Beach, DE, is inundated with tens RECEIVED DURING ADJOURNMENT of thousands of vacationers from Dela- ment of the District of Columbia and ware, Maryland, D.C., Virginia, and Under the authority of the order of other activities chargeable in whole or Pennsylvania. And every summer, the the Senate of January 4, 1995, the Sec- in part against the revenues of said lifeguards of RBP reunite over 400 lost retary of the Senate, on July 2, 1996, District for fiscal year ending Septem- children with their parents, treat hun- during the adjournment of the Senate, ber 30, 1997, and for other purposes, and dreds of injuries, and save scores of received a message from the House of agrees to the conference asked by the swimmers. Representatives announcing that the Senate on the disagreeing votes of the All too often, with people too busy at House disagrees to the amendments of two Houses thereon; and appoints Mr. work, or in this case, too busy at play, the Senate to the bill (H.R. 3517) mak- WALSH, Mr. BONILLA, Mr. KINGSTON, years of work, dedication, and perfec- ing appropriations for military con- Mr. FRELINGHUYSEN, Mr. NEUMANN, Mr. tion go overlooked. It is only fitting struction, family housing, and base re- PARKER, Mr. LIVINGSTON, Mr. DIXON, and proper that RBP be recognized alignment and closure for the Depart- Mr. SERRANO, Ms. KAPTUR, and Mr. after so many perfect years of service. ment of Defense for fiscal year ending OBEY as the managers of the con- With the leadership of Capt. Paul September 30, 1997, and for other pur- ference on the part of the House. ‘‘Doc’’ Burnham in the 1940’s, through poses, and agrees to the conference the firm discipline of Capt. Frank asked by the Senate on the disagreeing f ‘‘Coach’’ Coveleski in the 1950’s votes of the two Houses thereon; and appoints Mrs. VUCANOVICH, Mr. CAL- through the 1970’s, to current Capt. MEASURE PLACED ON THE LAHAN, Mr. DADE, Mr. MYERS of Indi- Jate Walsh, the swimmers of Rehoboth CALENDAR beach have been, and continue to be, ana, Mr. PORTER, Mr. HOBSON, Mr. guarded by the best Delaware has to WICKER, Mr. LIVINGSTON, Mr. HEFNER, The following measure was read the offer. As for the future, Lieutenants Mr. FOGLIETTA, Mr. TORRES, Mr. DICKS, first and second times by unanimous Tom Coveleski and Derek Shockro and Mr. OBEY as the managers of the consent and placed on the calendar: strive to continue our great Delaware conference on the part of the House. H.R. 3816. An act making appropriations tradition into the next century. The message also announced that the for energy and water development for the fis- On behalf of my fellow Delawareans, House disagrees to the amendments of cal year ending September 30, 1997, and for and the literally hundreds of thousands the Senate to the bill (H.R. 3448) to other purposes. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8989 EXECUTIVE AND OTHER ington Dulles International Airport, and for During the past several years, Con- COMMUNICATIONS other purposes; to the Committee on Rules gress has embarked on a historic and and Administration. painful path toward deficit reduction. The following communications were By Mr. BIDEN: laid before the Senate, together with S. 1996. A bill to amend the Violent Crime Since 1993, the Federal deficit has been accompanying papers, reports, and doc- Control and Law Enforcement Act of 1994 to slashed by more than one half. uments, which were referred as indi- allow certain grant funds to be used to pro- The Federal Reserve Board’s Chair- cated: vide parent education; to the Committee on man, Alan Greenspan, has been one of the Judiciary. EC–3535. A communication from the Sec- the loudest cheerleaders for deficit re- By Mr. SIMON: retary of Defense, transmitting, pursuant to S. 1997. A bill to clarify certain matters re- duction. But a one-of-a-kind GAO re- law, a report on the China Joint Defense lating to Presidential succession; to the port about Federal Reserve expendi- Conversion Commission; to the Committee Committee on Rules and Administration. tures between 1988 and 1994 shows us on Armed Services. EC–3536. A communication from the Chair- By Mr. ASHCROFT: that Chairman Greenspan apparently S.J. Res. 57. A joint resolution requiring man and Chief Executive Officer of the Farm hasn’t been practicing what he the Congressional Budget Office and the Credit Administration, transmitting, pursu- preaches. Joint Committee on Taxation to use dy- ant to law, the report of a rule entitled namic economic modeling in addition to A few weeks ago, the GAO released ‘‘Book-entry Procedures for Federal Agricul- static economic modeling in the preparation the final version of its comprehensive tural Mortgage Corporation Securities,’’ of budgetary estimates of proposed changes (RIN3052-AB70) received on July 23, 1996; to report about the management of the in Federal revenue law; to the Committee on the Committee on Agriculture, Nutrition, Federal Reserve System. This report, the Budget and the Committee on Govern- and Forestry. which took the GAO over 2 years to as- EC–3537. A communication from the Con- mental Affairs, jointly, pursuant to the semble, uncovers disturbing financial gressional Review Coordinator, Animal and order of August 4, 1977, with instructions that if one Committee reports, the other practices and management failures Plant Health Inspection Service, Department within the Federal Reserve System. of Agriculture, transmitting, pursuant to Committee have thirty days to report or be discharged. The report is packed with examples law, the report of a rule entitled ‘‘Mexican where the Fed could substantially trim Fruit Fly Regulations,’’ received on July 24, f costs, and makes specific recommenda- 1996; to the Committee on Agriculture, Nu- SUBMISSION OF CONCURRENT AND trition, and Forestry. tions for changes in Fed operations. EC–3538. A communication from the Ad- SENATE RESOLUTIONS Unfortunately, the Federal Reserve has ministrator, Agricultural Marketing Serv- The following concurrent resolutions already dismissed most of the GAO’s ice, Department of Agriculture, transmit- and Senate resolutions were read, and recommendations as irrelevant or un- ting, pursuant to law, the report of a rule en- referred (or acted upon), as indicated: necessary. titled ‘‘Oranges, Grapefruit, Tangerines, and By Mr. SPECTER (for himself, Mr. Tangelos Grown in Florida,’’ received on The GAO report shows that during HELMS, Mr. BENNETT, and Mr. July 24, 1996; to the Committee on Agri- the late 1980’s and early 1990’s that FAIRCLOTH): culture, Nutrition, and Forestry. S. Res. 283. A resolution to express the Federal Reserve expenditures jumped EC–3539. A communication from the Assist- by twice the rate of inflation. While ant to the Board, Federal Reserve System, sense of the Senate concerning creation of a new position in the White House as Senior Fed employee benefits and travel costs transmitting, pursuant to law, the report of are out-pacing inflation, the rest of the a rule entitled ‘‘Regulation K,’’ received on Advisor on Religious Persecution; to the July 25, 1996; to the Committee on Banking, Committee on Foreign Relations. Federal Government has been Housing, and Urban Affairs. By Mr. LOTT (for himself and Mr. downsizing. For example, between 1988 EC–3540. A communication from the Assist- DASCHLE): and 1994, Federal Reserve employee ant Chief Counsel, Office of Thrift Super- S. Res. 284. A resolution to authorize the benefit costs skyrocketed by nearly 100 production of records by the Permanent Sub- vision, Department of the Treasury, trans- percent—as compared to about 60 per- mitting, pursuant to law, the report of a rule committee on Investigations; considered and agreed to. cent for the Federal Government—ac- entitled ‘‘Management Official Interlocks,’’ cording to the GAO report. received on July 24 1996; to the Committee f on Banking, Housing, and Urban Affairs. STATEMENTS ON INTRODUCED The report also reveals that over 120 f BILLS AND JOINT RESOLUTIONS Federal Reserve employees actually make more than Chairman Greenspan. INTRODUCTION OF BILLS AND By Mr. DORGAN (for himself and In fact, overall personnel cost increases JOINT RESOLUTIONS Mr. REID): at the Federal Reserve represented The following bills and joint resolu- S. 1993. A bill to require certain ex- over 70 percent of the total growth in tions were introduced, read the first penditures by the Federal Reserve Sys- the Fed’s operating expenses during and second time by unanimous con- tem to be made subject to congres- the years examined by the GAO. This sent, and referred as indicated: sional appropriations, to prohibit the runaway spending is remarkable given By Mr. DORGAN (for himself and Mr. maintenance of surplus accounts by Chairman Greenspan’s rhetoric about REID): Federal Reserve banks, to provide for the need for belt-tightening in the rest S. 1993. A bill to require certain expendi- annual independent audits of Federal of the government. tures by the Federal Reserve System to be Reserve banks, to apply Federal pro- Inexplicably the Federal Reserve also made subject to congressional appropria- curement regulations to the Federal tions, to prohibit the maintenance of surplus keeps a $3.7 billion cash surplus ac- accounts by Federal reserve banks, to pro- Reserve System, and for other pur- count of taxpayer’s money to protect vide for annual independent audits of Fed- poses; to the Committee on Banking, against losses, despite the fact that the eral reserve banks, to apply Federal procure- Housing, and Urban Affairs. Fed hasn’t suffered a loss for 79 con- ment regulations to the Federal Reserve THE FEDERAL RESERVE FISCAL RESPONSIBILITY secutive years. System, and for other purposes; to the Com- ACT OF 1996 mittee on Banking, Housing, and Urban Af- Mr. DORGAN. Mr. President, today Senator REID and I are introducing fairs. Senator REID and I are introducing leg- legislation today to address these prob- By Mr. PRESSLER: lems. Our bill, the Federal Reserve Fis- S. 1994. An original bill to amend title 49, islation to eliminate the kinds of budg- etary excesses and accountability cal Responsibility Act of 1996, includes United States Code, to reauthorize programs many of the changes recommended by of the Federal Aviation Administration, and lapses at the Federal Reserve Board for other purposes; from the Committee on that were recently uncovered by the the GAO. It would do the following: Commerce, Science, and Transportation; General Accounting Office [GAO]. At a First, the GAO, in consultation with placed on the calendar. time when many Federal agencies are the Federal Reserve, will identify and By Mr. WARNER (for himself, Mr. downsizing and making tough choices report to Congress a list of the Federal FORD, Mr. ROBB, Mr. MOYNIHAN, Mr. about their spending priorities, the Reserve System activities that are not SIMPSON, Mr. COCHRAN, and Mr. Federal Reserve ought to be tightening related to the making of monetary pol- GLENN): S. 1995. A bill to authorize construction of its belt too. Regrettably, however, the icy. After the report is completed, all the Smithsonian Institution National Air opposite appears to be the case at the nonmonetary policy expenditures, as and Space Museum Dulles Center at Wash- Federal Reserve. identified by the GAO, would be subject S8990 CONGRESSIONAL RECORD — SENATE July 26, 1996 to the congressional appropriation tem losses. In its entire 79 year his- requires the transfer of all Fed surplus process. We do not intend to inject pol- tory, however, the Fed has never oper- funds to the Secretary of the Treasury itics into monetary policy with this ated at a loss. The GAO report indi- for deposit in the general fund of the provision. However, over 90 percent of cates that this fund could be safely re- Treasury. This would occur 30 days the Fed’s operations have nothing to duced or eliminated and returned to after enactment of the legislation. An- do with interest rate policy according the Treasury Department, as is stand- nually thereafter, the Comptroller to the GAO. And there is simply no ard practice with surplus revenues. It General of the United States will deter- good reason why the Fed’s nonmone- is nonsensical for this cash to be sit- mine what percentage of the net earn- tary expenditures are immune from the ting idle at the Fed instead of being ings of the Federal Reserve banks same kind of oversight and review re- used to reduce the deficit. should be deposited back in the Treas- quired of other Federal agencies. While the rest of the Federal Govern- ury. This provision would free-up this Second, the Federal Reserve is re- ment has tightened its belt and down- money for use in deficit reduction. quired to immediately return more sized, the GAO report revealed that the Our bill also will apply regular Fed- than $3.7 billion of taxpayer’s money Fed has enjoyed enormous growth in eral procurement procedures to the Fed that has unnecessarily accumulated in its operating costs and highly ques- Board and to each Federal Reserve its surplus account to the Treasury. In tionable growth in its staffing. The bank. This will eliminate the possibil- addition, the bill asks the GAO to de- GAO study found that operating costs ity of favoritism and conflict of inter- termine the extent to which any of the at the Fed have grown 50 percent be- est in procurement and contracting Fed’s future net earnings should be tween 1988 and 1994, a rate twice that of policies. transferred to the general fund of the inflation and much greater than over- Finally, and perhaps most signifi- Treasury each year. all Federal discretionary spending. The cantly, our measure would require an Third, the regional Federal Reserve study also uncovered salary growth at annual, independent audit of the Fed. banks will be subjected to annual inde- a rate of 44 percent between 1988 and An annual audit is fiscally sound pol- pendent audits. This provision merely 1994. During the same time period, per- icy which would instill greater public codifies what the Federal Reserve has sonnel benefits skyrocketed nearly 90 confidence in our banking system. been doing for the most part in recent percent. Further, the GAO report re- I want to make it very clear that I practice. vealed nonuniform travel policies and am not attempting to interfere with, or Finally, the Federal Reserve will be an excessive 66 percent increase in impugn, the monetary policy of the required to follow the same procure- travel expenses. Fed. I am merely seeking greater ac- ment and contracting rules that apply The picture the GAO report paints of countability in the operating expenses to other Federal agencies. These rules the internal management of the Fed is and internal management of one of our should help to prevent the kinds of fa- one of conflicting policies, question- most influential institutions. voritism highlighted in the GAO report able spending, erratic personnel treat- I look forward to greater discussion and increase competition among con- ment, and favoritism in their procure- of this issue by Congress, and encour- tract bidders with the Fed. This re- ment and contracting policies. The re- age the committee to give favorable quirement ought to substantially re- port makes it clear that the Fed could consideration to our legislation. duce procurement costs on a system- do much more to increase its fiscal re- wide basis. sponsibility, particularly as it urges By Mr. WARNER (for himself, I invite my colleagues to join us as parsimonious practices by all other Mr. FORD, Mr. ROBB, Mr. MOY- cosponsors of this much-needed legisla- Federal agencies. NIHAN, Mr. SIMPSON, Mr. COCH- tion. The compelling evidence offered by RAN, and Mr. GLENN): Mr. REID. Mr. President, I rise today the GAO report indicates that many of S. 1995. A bill to authorize construc- with the Senator from North Dakota to the practices of our Nation’s central tion of the Smithsonian Institution introduce legislation which we believe bank should change, especially when National Air and Space Museum Dulles will improve fiscal management within their budgetary excesses represent a di- Center at Washington Dulles Inter- the Federal Reserve System. rect cost to taxpayers. The surplus national Airport, and for other pur- In September 1993, Senator BYRON fund, along with increasing bloat, poses; to the Committee on Rules and DORGAN and I requested a General Ac- perks, and benefits begs greater ac- Administration. counting Office [GAO] investigation of countability. For these reasons, I rise THE SMITHSONIAN INSTITUTION NATIONAL AIR the operations and management of the today with my colleague from North AND SPACE MUSEUM DULLES CENTER AT Federal Reserve System [Fed]. We were Dakota, Senator DORGAN, to introduce WASHINGTON DULLES INTERNATIONAL AIR- concerned because no close examina- the Federal Reserve Fiscal Responsibil- PORT AUTHORIZATION ACT OF 1996 tion of the Fed’s operations had ever ity Act of 1996. This measure follows Mr. WARNER. Mr. President, I am been conducted before. As Congress some of the recommendations of the pleased to introduce legislation on be- scrutinizes each Federal expenditure in GAO report and seeks to improve the half of myself, and Senators FORD, an attempt to balance the budget, it is Fed’s fiscal management. ROBB, MOYNIHAN, SIMPSON, COCHRAN, imperative that we be well informed on The Federal Reserve Fiscal Respon- and GLENN. This legislation would au- all activities that affect the Govern- sibility Act of 1996, requires the Comp- thorize the Board of Regents of the ment’s finances. Surprisingly, this troller General of United States, in co- Smithsonian Institution to construct GAO study was the very first look into operation with the Fed Board, to iden- the Smithsonian Institution National the internal operations of the Fed and, tify the functions and activities of the Air and Space Museum Dulles Center to date, there has never been an an- Board and of each Fed bank which re- at Washington Dulles International nual, independent audit of the Nation’s late to U.S. monetary policy. After Airport. The legislation clearly states central banking system. Further, be- September 30, 1997, all nonmonetary that no appropriated funds may be used cause of its self-financing nature, the policy expenses of the Federal Reserve to pay any expense of the construction Fed’s operating costs have largely es- System will be subject to the congres- of the center. Funds for the construc- caped public investigation. It was high- sional appropriations process. Surpris- tion will be privately raised and in fact time we opened the door and examined ingly, the monetary policy expenses this legislation permits the Smithso- the workings of this large and influen- represent less than 7 percent of the nian to move forward with a fundrais- tial public entity. Fed’s annual expenses. Our bill would ing drive. The landmark GAO report, issued in subject the Fed to the cost reduction In 1983, the Smithsonian Board of Re- June 1996, raises serious questions pressures that affect other public agen- gents first approved the National Air about management within the Fed. One cies, and ensure congressional over- and Space Museum plan to expand at of the most astonishing findings of this sight over the Fed’s questionable Washington Dulles International Air- comprehensive, 2-year study was that spending of taxpayer money. port. In 1993, after 10 years of hard the Fed had squirreled-away $3.7 billion Further, the Federal Reserve Fiscal work by the Smithsonian Institution, in taxpayer money in a surplus fund, Responsibility Act addresses the dis- the Virginia congressional delegation, which it claims is needed to cover sys- turbing matter of the surplus fund. It five Virginia Governors, and many July 26, 1996 CONGRESSIONAL RECORD — SENATE S8991 local officials, Congress passed and the crime is becoming ever more clear. Ac- the death of a sitting President. In gen- President signed legislation authoriz- cording to a 1992 Justice Department eral, these laws clearly and precisely ing the Smithsonian Institution to report, 68 percent of youths arrested provide for the transfer of Presidential plan and design the National Air and had a prior history of abuse and ne- power. Space Museum Extension at Washing- glect, and abused girls were 77 percent The laws of succession, however, do ton Dulles International Airport. more likely than nonabused girls to be not adequately address the possibility This legislation would serve to fur- arrested as juveniles. that a Presidential candidate might die ther the objectives of the National Mu- The healthy families initiative has during the voting period itself—by that seum Amendments Act of 1965 which proven to be very successful in combat- I mean during the period beginning directs the National Air and Space Mu- ing this cycle of violence. The program roughly with the popular election in seum to ‘‘collect, preserve, and display was pioneered in Hawaii in the 1980’s. mid-November and ending with the for- aeronautical and space flight equip- According to the Hawaii Department of mal naming of the President-elect in ment of historical interest and signifi- Health, 2,254 at-risk families received early January. cance.’’ healthy families services over a 5-year A candidate’s death during this 2- I believe that it is accurate to state period. Out of that total, abuse was re- month period could seriously disrupt that the National Air and Space Mu- ported in only 16 families. This success the voting process and raise doubts seum now holds the most impressive shows that the program was able to about the election results. The serious- and significant collection of air and prevent abuse in 99.3 percent of at-risk ness of these problems would depend on spacecraft in the world. However, due families in Hawaii. the precise point in time at which the to the limited exhibition space in The The success of this program is based death occurred. A hearing that was Mall building coupled with the size and on the voluntary, comprehensive, and held in the 103d Congress on this sub- weight of many of the artifacts, only 20 culturally appropriate home visitor ject highlighted the various scenarios percent of the museum’s collection is systems. These systems provide in which legal ambiguities could lead on display. Therefore, such significant parenting education that focuses on to electoral crises. air and spacecraft as the Boeing 367–80, parenting skills, child development, Broadly speaking, the act, which I in- the Saturn V launch vehicle, the Boe- child health, and support services for troduced in the last Congress, address- ing Flying Fortress, the B–29 Enola Gay new parents, in order to prevent or de- es three distinct situations: and the space orbiter Enterprise cannot crease the risk of child abuse. First, let us suppose that a Presi- be displayed and enjoyed by the nearly As a result of this success, the pro- dential candidate dies after the elec- 10 million visitors the museum receives gram has now spread to other commu- toral delegates have cast their votes each year. In addition, the museum’s nities throughout the United States. but before those votes are counted. If space limitations inhibit the interpre- The money which would be provided the deceased would have won the elec- tation of aerospace technology’s sig- under the block grant, would help tion, who is now President elect? nificant contribution to America and other communities create these greatly Scholars disagree on the answer. the possibilities which it holds for the needed healthy families programs. Second, suppose that a major party future. Spending money on child-abuse pre- candidate dies immediately before the The Air and Space Museum Dulles vention is a sound investment. Not popular election, or immediately prior Center will allow approximately 65 per- to the time that the electoral college cent of the Smithsonian’s air and only will it create future savings in the judiciary system and other social serv- delegates vote. Would it not make spacecraft collection to be on display. sense to give the voters a couple of The center will also allow visitors to ices, but even more importantly it’s an investment in the lives of our children. weeks to adjust to this unsettled situa- view the restoration operations and see tion? first-hand how historic air and space- Mr. President, I ask unanimous con- sent that the text of the legislation I Third, suppose that no candidate craft are preserved. wins a majority of the electoral votes, Mr. President, I call on every Mem- am introducing today appear in the RECORD. and that the election is thrown into ber of the Senate to support this legis- the House of Representatives as a re- lation which will make the expansion The being no objection, the bill was ordered to be printed in the RECORD, as sult. If one of the candidates should die of the National Air and Space Museum at this point, is the House permitted to at Washington Dulles International follows: S. 1996 consider an alternative candidate? Airport a reality. Air and space tech- The act provides answers for each of nology has and will continue to greatly Be it enacted by the Senate and House of Rep- these, admittedly complex, questions. impact every facet of our lives. The resentatives of the United States of America in Congress assembled, None of these scenarios, of course, is creation of this extension will enable likely to occur during any election visitors from all over the world to ex- SECTION 1. PARENT EDUCATION SYSTEM. Section 30201(a)(2) of the Violent Crime cycle. But any one of them could lead perience first-hand the magnitude and to confusion and uncertainty at a time significance of America’s technological Control and Law Enforcement Act of 1994 is amended by adding at the end the following: when clarity and stability would be achievements. ‘‘(O) Voluntary, comprehensive, and cul- vital. Prudence dictates that we should turally-appropriate home visitor systems By Mr. BIDEN: act now, while we have the time for that provide parenting education that fo- calm reflection, rather than wait for a S. 1996. A bill to amend the Violent cuses on parenting skills, child development, Crime Control and Law Enforcement possible crisis to catch us unprepared. child health, and support services for new By Mr. ASHCROFT: Act of 1994 to allow certain grant funds parents to prevent or decrease the risk of to be used to provide parent education; child abuse. To avoid duplication of services, S.J. Res. 57. A joint resolution re- to the Committee on the Judiciary. a system developed pursuant to this para- quiring the Congressional Budget Of- THE HEALTHY FAMILIES ACT OF 1996 graph shall be coordinated with other orga- fice and the Joint Committee on Tax- Mr. BIDEN. Mr. President, I rise to nizations that provide services to children, ation to use dynamic economic model- offer a bill that I believe represents an particularly infants.’’. ing in addition to static economic mod- important step forward in the fight By Mr. SIMON: eling in the preparation of budgetary against child abuse and crime. S. 1997. A bill to clarify certain mat- estimates of proposed changes in Fed- This legislation will make healthy ters relating to Presidential succes- eral revenue law. families programs eligible for funding sion; to the Committee on Rules and GROWTH ECONOMIC AGENDA JOINT RESOLUTION under the local crime prevention block Administration. Mr. ASHCROFT. Mr. President, the grant, in the 1994 crime law. Essen- THE PRESIDENTIAL SUCCESSION CLARIFICATION joint resolution I am introducing lays tially, this bill would add the healthy ACT the groundwork for the progrowth eco- families program to the list of preven- Mr. SIMON. Mr. President, today I nomic agenda of the next millennium. tion programs eligible for funding introduce the Presidential Succession Senator ABRAHAM, Senator CRAIG, Sen- under the block grant. Clarification Act. ator GRAMS, and Senator KYL have The link between child abuse and Much has been said and written joined with me in offering this pro- later involvement in violence and about the laws of succession following posal. S8992 CONGRESSIONAL RECORD — SENATE July 26, 1996 The method of analysis we now use Annual Blue Chip Economic Forecast- calculating the amount of spending to determine how much a tax cut costs ing Award in 1993 and 1995, but Law- cuts needed to offset a tax cut so that the Government, or a tax hike costs rence Meyers himself was recently ap- we accurately measure any reduction the taxpayers, is hopelessly inaccurate. pointed by President Clinton as a Gov- in revenue and do not increase the defi- For example, the 1990 luxury tax in- ernor to the Federal Reserve. cit. For example, using dynamic scor- crease took in $14 million less than the By relying on static analyses, Con- ing for the payroll tax deduction I pro- $31 million the Joint Tax Committee gress is limited to a dangerously my- posed—The Working Americans Wage [JCT] predicted it would in fiscal year opic and usually inaccurate view of Restoration Act S. 1741—the tax deduc- 1991. The 1986 Tax Reform Act lowered how our laws and our actions affect the tion would be budget neutral in the income tax rates while hiking capital Nation. There is a formidable argu- first year. In other words, the relief of- gains taxes. The Congressional Budget ment that static analysis has played an fered by the payroll tax deduction Office at the time underestimated in- integral role in exploding our deficits. would generate enough new revenue by come tax revenues over the following 3 That is because static analysis often growing the economy, that the pro- years by $56 billion and overestimated overestimates the Government’s reve- posal would pay for itself. the 5-year take from capital gains tax nue from a tax increase and then relies Here is how. Based on a preliminary revenues by $115 billion. It has also on such overestimates as the basis for analysis, the payroll tax deduction is been established that the CBO grossly projecting decreases in the Federal projected to increase the Gross Domes- overestimated capital gains tax reve- deficits and the Nation’s debt. As a re- tic Product [GDP] by 0.5 percent annu- nues by over 100 percent in most years sult the projected revenues never mate- ally. According to the Office of Man- between 1989–95. Finally, the fiscal year rialize and annual deficits increase. agement and Budget, a 0.5 percent rise 1991 budget, issued before the 1990 This problem is compounded by the in GDP would expand the tax base and budget summit at Andrews Air Force fact that static analysis also generally increase Federal receipts by $30 billion Base, contained a 5-year forecasting underestimates the actual cost to the per year—more than enough to pay for error of $1 trillion. Government of spending increases and the payroll tax deduction in the first Every Member of Congress relies on thus contributes to even larger than year. However, the Budget Act require- CBO’s and the Joint Tax Committee’s expected budget deficits. Such inac- ment that tax cuts be paid for by [JCT] projections in deciding how to curate predictions of what programs spending cuts would still apply. Dy- vote on legislation. Quite simply, we will cost lead legislators to make bad namic analysis would simply allow cannot make good decisions if we do decisions. This phenomenon helps ex- lawmakers and the public to under- not have good data. plain why every dollar raised in higher stand the growth effects and judge this These flawed calculations were made taxes has traditionally resulted in $1.58 proposal’s—and other proposals’—wor- using a static economic model that as- in new Government spending since 1947. thiness accordingly. sumes generally that Americans do not By adding a more accurate method of In calculating a tax cut’s dynamic change their behavior, such as their analyzing fiscal proposals, Congress economic effects, the government spending habits and investment levels will have better information as it eval- would be more realistic in its view of when Congress saddles them with high- uates legislation. Adding dynamic scor- how government economic policies af- er taxes. The consistent level of inac- ing analysis will help us eliminate Con- fect the economy. Under the current curacy in static economic analysis gress’ institutional bias toward higher system of static analysis, our budget threatens our ability to both reduce taxes, increased spending, bigger defi- forecasters produce skewed numbers the deficit and reduce the current un- cits, and a ballooning national debt. causing Congress to make flawed deci- precedented tax burden on the Amer- Mr. President, I emphasize that this sions that drain the wallets of working ican public. resolution does not seek to replace the Americans. The problem with static economic current static analysis model. It mere- This proposed resolution also opens analysis is its failure to account for ly states that dynamic estimating up the congressional economic analysis the impact that changes in the level of techniques should also be used, in addi- process to much needed sunshine. Pres- taxes, or the amount of Government tion to current techniques, in deter- ently, we draft changes to the Federal spending, will have on the average citi- mining the fiscal impact of proposed Tax Code, submit these changes to the zen’s behavior. Static estimates as- changes in Federal revenue law. Under Joint Committee on Taxation for a rev- sume that the economy’s overall per- this resolution, the Joint Committee enue estimate and wait for the magic formance is generally unaffected for on Taxation [JCT] and the Congres- numbers to appear. It is time to bring the most part by changes in policy, re- sional Budget Office [CBO] would pre- sunshine into the black box of Federal gardless of how much individuals or pare an estimate of each proposed forecasting. This resolution would do businesses must pay in taxes. When we change in Federal revenue law on the just that. Any report made by the JCT assume that Americans will not change basis of assumptions that estimate the or the CBO that contains an estimate their spending and investment patterns probable behavioral responses of indi- of revenue effects must be accompanied to avoid paying new taxes, we ignore vidual and business taxpayers, and the by a written statement fully disclosing human nature. People generally seek macro-economic feedback effects of the economic, technical, and behav- to maximize the value of their dollars any proposed change. This requirement ioral assumptions that were made in and their paychecks. will only apply to changes in the law producing both the static and the dy- One well-known apostle of the static which would have an effect of $100 mil- namic estimate. economic model; the current Chairman lion or more. Last, under this joint resolution the of the Council of Economic Advisors, I want to note that this proposal is a JCT and the CBO may enter into con- Laura Tyson, recently went so far to as companion measure to House Resolu- tracts with universities or other pri- to state that ‘‘* * * there is no rela- tion 170, introduced by Representative vate or public organizations to perform tionship between the levels of taxes a TOM CAMPBELL of California and to a dynamic analysis or to develop proto- nation pays and its economic perform- similar proposal included in the 1997 cols and models for making such esti- ance.’’ Such an attitude is the equiva- legislative appropriations bill passed mates. lent of an ostrich hiding its head in the by the House. TOM CAMPBELL has By reforming the way we calculate sand. Dynamic economic analysis is worked tirelessly to promote a pro- the economic effects of congressional the principal tool used in private firms growth agenda. He has refused to sac- proposals, we pave the way for an over- and most universities which make esti- rifice the standard of living of hard- all lowering of the average American’s mates and construct models for eco- working Americans on the altar of tax burden by reducing the current nomic analysis for the private sector. static economic analysis. forecasting method’s prejudice against One of the most successful economic Dynamic economic analyses of tax pro-growth policies. This resolution models is the dynamic model used by cut proposals would take into account will simply provide more information Lawrence H. Meyers & Associates, an the acknowledged growth effects of tax to Members of Congress and the public economic forecasting firm in St. Louis. cuts on the American economy. In fact, so that Congress can better determine Not only has this model received the these growth effects could be used in the benefits of proposed legislation. It July 26, 1996 CONGRESSIONAL RECORD — SENATE S8993 will open up the budget forecasting SENATE RESOLUTION 283—REL- President Clinton to live up to his com- process and permit more tools of meas- ATIVE TO THE CREATION OF A mitment, made in January 1996, to ap- urement, so that over time we will NEW POSITION IN THE WHITE point a White House senior advisor on have a clearer and more accurate un- HOUSE religious persecution. derstanding of the effects of the laws Mr. SPECTER (for himself, Mr. The persecution of Christians and we pass. HELMS, Mr. BENNETT, and Mr. other religious minorities is a growing f FAIRCLOTH) submitted the following problem. In countries such as Saudi Arabia, Sudan, China, and Ethiopia, ADDITIONAL COSPONSORS resolution; which was referred to the Committee on Foreign Relations: among other countries, Christians are S. 773 systematically denied their religious S. RES. 283 At the request of Mrs. KASSEBAUM, liberties. Christians have been the vic- (a) FINDINGS.—The Senate finds that— the name of the Senator from Illinois (1) Americans are increasingly concerned tims of rape, torture, enslavement, im- [Ms. MOSELEY-BRAUN] was added as a about anti-Christian persecution overseas, prisonment, killings, mutilations, and cosponsor of S. 773, a bill to amend the including rape, torture, enslavement, impris- discrimination simply because of their Federal Food, Drug, and Cosmetic Act onment, killings, mutilations, discrimina- religious beliefs. The governments of to provide for improvements in the tion and mistreatment of Christians, and the these countries all too often tacitly, or process of approving and using animal fact that far too many foreign governments even openly, endorse this sectarian vio- drugs, and for other purposes. systematically deny their Christian citizens lence. religious liberty; S. 1355 (2) reports indicate that the Government of According to human rights organiza- At the request of Mr. DORGAN, the Sudan is currently involved in the enslave- tions, the Sudanese Government is es- name of the Senator from Wisconsin ment of the Christian populations of south- sentially waging a war against its [Mr. KOHL] was added as a cosponsor of ern Sudan. Today in Sudan, a human being Christian population. The govern- S. 1355, a bill to amend the Internal can be bought for as little as fifteen dollars. ment’s campaign against the Christian Revenue Code of 1986 to end deferral for It has been estimated that in the last six and non-Muslim populations of south- U.S. shareholders on income of con- years, more than 30,000 children have been ern Sudan has resulted in more than 1.3 taken from their homes, forcibly interned in million deaths and the displacement of trolled foreign corporations attrib- ‘‘cultural cleansing camps,’’ forced to accept utable to property imported into the Islam and then moved to the front lines of over 3 million people. Equally shocking United States. Sudan’s civil war; are reports that the Sudanese Govern- S. 1386 (3) in China, there are reports of the im- ment is involved in the enslavement At the request of Mr. BURNS, the prisonment and detention of many Chinese and forced internment and conversion name of the Senator from Minnesota Christians under a 1994 law which restricts of the Christian populations from the religious freedom. It has been reported that [Mr. GRAMS] was added as a cosponsor southern regions of Sudan. In the last 6 in 1992, Protestant leader Zheng Yunsu was of S. 1386, a bill to provide for soft-met- years more than 30,000 non-Muslim arrested and sentenced to twelve years in children have reportedly been abducted ric conversion, and for other purposes. jail simply for practicing his religion. Addi- S. 1505 tionally, between October 1994 and June 1995, by agents of the Sudanese Government, At the request of Mr. LOTT, the name more than 200 Christians were apparently de- taken from their homes and families, of the Senator from Louisiana [Mr. tained in the Henan province. One of those forcibly interned in high-security ‘‘cul- JOHNSTON] was added as a cosponsor of arrested, Ren Ping, was sentenced, without tural cleansing’’ camps, forced to con- S. 1505, a bill to reduce risk to public trial, to three years of reeducation through vert to Islam and then sent to the front labor. According to Amnesty International, safety and the environment associated lines of Sudan’s civil war. more than thirty Chinese Catholics in Of course anti-Christian persecution with pipeline transportation of natural Jiangzi province were arrested and severely gas and hazardous liquids, and for and sectarian violence extends far be- beaten while celebrating Easter Mass earlier yond Sudan. In the Muslim-controlled other purposes. this year; Oromo region of Ethiopia, reports indi- S. 1726 (4) in the Muslim-controlled Oromo region cate that government officials raided At the request of Mr. THOMAS, his of Ethiopia, reports indicate that in 1994, of- the area’s largest Christian church and name was added as a cosponsor of S. ficials raided the area’s largest Christian Church and arrested most of its congregants. arrested most of its congregants. Many 1726, a bill to promote electronic com- Many of those arrested died while in prison. of those arrested in this 1994 raid died merce by facilitating the use of strong The leader of the congregation was tortured while in prison. The leader of the con- encryption, and for other purposes. and his eyes were plucked out; gregation was tortured and his eyes S. 1908 (5) in several Islamic countries conversion to Christianity from Islam is a crime punish- were torn from their sockets. At the request of Mrs. FEINSTEIN, the In Egypt, a country generally noted name of the Senator from Maine [Ms. able by death; (6) it has been reported that Christians for its religious tolerance, Christians SNOWE] was added as a cosponsor of S. have been effectively excluded from the po- are increasingly the targets of militant 1908, a bill to amend title 18, United litical process in many countries. In Paki- Islamist terrorist attacks on the States Code, to prohibit the sale of per- stan, for example, Christian can vote only streets as well as more subtle persecu- sonal information about children with- for token representatives to the National As- tion in the courts and businesses. out their parents’ consent, and for sembly; Christians are also often denied par- other purposes. (7) there is no Senior Advisor on religious persecution in the White House to ensure ticipation in the Egyptian political S. 1964 that anti-Christian persecution overseas is process. At the request of Mr. BINGAMAN, the given top priority by White House and to co- Persecution of Christians is by no name of the Senator from Maine [Ms. ordinate efforts to combat such persecution; means limited to the Islamic world. It SNOWE] was added as a cosponsor of S. and is reported that the Chinese Govern- 1964, a bill to amend title XVIII of the (8) the President had committed, in Janu- ment has harassed and imprisoned Social Security Act to provide for cov- ary 1996, to appoint a White House Senior many Chinese Christians simply for erage under part B of the Medicare Advisor on religious persecution, but has yet practicing their religion. In 1992, Program of medical nutrition therapy to do so. (b) SENSE OF THE SENATE.—It is the sense Protestant leader Zheng Yunsu was ar- services of registered dietitians and nu- of the Senate that the President should pro- rested and sentenced to 12 years in trition professionals. ceed forward as expeditiously as possible by prison because of his faith. Other re- AMENDMENT NO. 5059 appointing a White House Senior Advisor on ports indicate that between October At the request of Mr. D’AMATO his religious persecution. 1994 and June 1995, more than 200 Chris- name was added as a cosponsor of Mr. SPECTER. Mr. President, on be- tians were detained in the Hunan Prov- amendment No. 5059 proposed to H.R. half of Senators HELMS, BENNETT, and ince in a crackdown on unregistered 3540, a bill making appropriations for FAIRCLOTH I am submitting a sense-of- Protestant house churches. One of foreign operations, export financing, the-Senate resolution to highlight the those arrested, Ren Ping, was sen- and related programs for the fiscal top priority that must be given to com- tenced, without trial, to 3 years of ‘‘re- year ending September 30, 1997, and for bating religious persecution in foreign education’’ through labor. According to other purposes. countries. This resolution calls on Amnesty International, more than 30 S8994 CONGRESSIONAL RECORD — SENATE July 26, 1996 Chinese Catholics were arrested and se- (1) INTERSTATE TRANSPORTATION OF MUNICI- ‘‘(II) the Governor of the importing State verely beaten by the police while cele- PAL SOLID WASTE.— has notified the Governor of the exporting brating Easter Mass earlier this year. (A) AMENDMENT.—Subtitle D of the Solid State and the Administrator of the violation Examples of such religious persecu- Waste Disposal Act (42 U.S.C. 6941 et seq.) is by the exporting State of this section at tion abound. The time has come for the amended by adding at the end the following least 90 days prior to taking any such action; new section: and United States to stand up for the right ‘‘SEC. 4011. INTERSTATE TRANSPORTATION OF ‘‘(III) the restrictions imposed by the Gov- of all people to enjoy the fundamental MUNICIPAL SOLID WASTE. ernor of the importing State are uniform at freedom of religious faith. Without fur- ‘‘(a) AUTHORITY TO RESTRICT OUT-OF-STATE all facilities and the Governor of the import- ther delay, the White House should ful- MUNICIPAL SOLID WASTE.—(1) Except as pro- ing State may only apply subparagraph (A) fill its commitment to appoint a senior vided in paragraph (4), immediately upon the or (B) but not both. advisor to the President dedicated to date of enactment of this section if requested ‘‘(C) The authority provided by subpara- combating religious persecution over- in writing by an affected local government, a graphs (A) and (B) shall apply for as long as Governor may prohibit the disposal of out- a State exceeds the permissible levels as de- seas. of-State municipal solid waste in any land- termined by the Administrator under para- f fill or incinerator that is not covered by the graph (6)(C). exceptions provided in subsection (b) and ‘‘(4)(A) A Governor may not exercise the SENATE RESOLUTION 284—TO AU- that is subject to the jurisdiction of the Gov- authority granted under this section if such THORIZE THE PRODUCTION OF ernor and the affected local government. action would result in the violation of, or RECORDS BY THE PERMANENT ‘‘(2) Except as provided in paragraph (4), would otherwise be inconsistent with, the SUBCOMMITTEE ON INVESTIGA- immediately upon the date of publication of terms of a host community agreement or a TIONS the list required in paragraph (6)(C) and not- permit issued from the State to receive out- withstanding the absence of a request in of-State municipal solid waste. Mr. LOTT (for himself and Mr. writing by the affected local government, a ‘‘(B) Except as provided in paragraph (3), a DASCHLE) submitted the following reso- Governor, in accordance with paragraph (5), Governor may not exercise the authority lution; which was considered and may limit the quantity of out-of-State mu- granted under this section in a manner that agreed to: nicipal solid waste received for disposal at would require any owner or operator of a S. RES. 284 each landfill or incinerator covered by the landfill or incinerator covered by the excep- Whereas, the court-appointed monitor of exceptions provided in subsection (b) that is tions provided in subsection (b) to reduce the amount of out-of-State municipal solid the Hotel Employees and Restaurant Em- subject to the jurisdiction of the Governor, waste received from any State for disposal at ployees International Union (HEREIU) has to an annual amount equal to or greater such landfill or incinerator to an annual requested that the Permanent Subcommit- than the quantity of out-of-State municipal quantity less than the amount received from tee on Investigations provide him with cop- solid waste received for disposal at such such State for disposal at such landfill or in- ies of subcommittee records relevant to the landfill or incinerator during calendar year cinerator during calendar year 1993. monitor’s oversight of a consent decree en- 1993. ‘‘(3)(A) Except as provided in paragraph (4), ‘‘(5) Any limitation imposed by a Governor joining members of the HEREIU from violat- any State that imported more than 750,000 under paragraph (2) or (3)— ing the Racketeer Influenced and Corrupt tons of out-of-State municipal solid waste in ‘‘(A) shall be applicable throughout the Organizations Act (RICO) or knowingly asso- 1993 may establish a limit under this para- State; ciating with organized crime figures; ‘‘(B) shall not directly or indirectly dis- Whereas, by the privileges of the Senate of graph on the amount of out-of-State munici- criminate against any particular landfill or the United States and Rule XI of the Stand- pal solid waste received for disposal at land- incinerator within the State; and ing Rules of the Senate, no evidence under fills and incinerators in the importing State ‘‘(C) shall not directly or indirectly dis- the control or in the possession of the Senate as follows: criminate against any shipments of out-of- can, by administrative or judicial process, be ‘‘(i) In calendar year 1996, 95 percent of the State municipal solid waste on the basis of taken from such control or possession but by amount exported to the State in calendar place of origin and all such limitations shall permission of the Senate; year 1993. Whereas, when it appears that documents, ‘‘(ii) In calendar years 1997 through 2002, 95 be applied to all States in violation of para- papers, and records under the control or in percent of the amount exported to the State graph (3). ‘‘(6) ANNUAL STATE REPORT.— the possession of the Senate may promote in the previous year. ‘‘(A) IN GENERAL.—Within 90 days after en- the administration of justice, the Senate will ‘‘(iii) In calendar year 2003, and each suc- actment of this section and on April 1 of take such action as will promote the ends of ceeding year, the limit shall be 65 percent of each year thereafter the owner or operator of justice consistently with the privileges of the amount exported in 1993. each landfill or incinerator receiving out-of- the Senate: Now, therefore, be it ‘‘(iv) No exporting State shall be required Resolved, That the Chairman and Vice under this subparagraph to reduce its ex- State municipal solid waste shall submit to Chairman of the Permanent Subcommittee ports to any importing State below the pro- the affected local government and to the on Investigations, acting jointly, are author- portionate amount established herein. Governor of the State in which the landfill ized to provide to the court-appointed mon- ‘‘(B)(i) No State may export to landfills or or incinerator is located, information speci- itor of HEREIU copies of memoranda and incinerators in any 1 State that are not cov- fying the amount and State of origin of out- transcripts of interviews conducted by Sub- ered by host community agreements or per- of-State municipal solid waste received for committee staff that the monitor has re- mits authorizing receipt of out-of-State mu- disposal during the preceding calendar year, quested for use in connection with the mon- nicipal solid waste more than the following and the amount of waste that was received itor’s oversight of the consent decree. amounts of municipal solid waste: pursuant to host community agreements or ‘‘(I) In calendar year 1996, the greater of permits authorizing receipt of out-of-State f 1,400,000 tons or 90 percent of the amount ex- municipal solid waste. Within 120 days after AMENDMENTS SUBMITTED ported to the State in calendar year 1993. enactment of this section and on May 1 of ‘‘(II) In calendar year 1997, the greater of each year thereafter each State shall publish 1,300,000 tons or 90 percent of the amount ex- and make available to the Administrator, THE ENERGY AND WATER DEVEL- ported to the State in calendar year 1996. the Governor of the State of origin and the OPMENT APPROPRIATIONS ACT, ‘‘(III) In calendar year 1998, the greater of public, a report containing information on 1997 1,200,000 tons or 90 percent of the amount ex- the amount of out-of-State municipal solid ported to the State in calendar year 1997. waste received for disposal in the State dur- ‘‘(IV) In calendar year 1999, the greater of ing the preceding calendar year. COATS (AND OTHERS) 1,100,000 tons or 90 percent of the amount ex- ‘‘(B) CONTENTS.—Each submission referred to in this section shall be such as would re- AMENDMENT NO. 5092 ported to the State in calendar year 1998. ‘‘(V) In calendar year 2000, 1,000,000 tons. sult in criminal penalties in case of false or Mr. COATS (for himself, Mr. LEVIN, ‘‘(VI) In calendar year 2001, 750,000 tons. misleading information. Such information Mr. SPECTER, Mr. BAUCUS, Mr. MCCON- ‘‘(VII) In calendar year 2002 or any cal- shall include the amount of waste received, NELL, and Mr. ROBB) proposed an endar year thereafter, 550,000 tons. the State of origin, the identity of the gener- amendment to the bill (S. 1959) making ‘‘(ii) The Governor of an importing State ator, the date of the shipment, and the type appropriations for energy and water de- may take action to restrict levels of imports of out-of-State municipal solid waste. States to reflect the appropriate level of out-of- making submissions referred to in this sec- velopment for the fiscal year ending State municipal solid waste imports if— tion to the Administrator shall notice these September 30, 1997, and for other pur- ‘‘(I) the Governor of the importing State submissions for public review and comment poses; as follows: has notified the Governor of the exporting at the State level before submitting them to At the end of the bill, add the following: State and the Administrator, 12 months the Administrator. SEC. ll. INTERSTATE TRANSPORTATION OF MU- prior to taking any such action, of the im- ‘‘(C) LIST.—The Administrator shall pub- NICIPAL SOLID WASTE. porting State’s intention to impose the re- lish a list of importing States and the out-of- (a) INTERSTATE WASTE.— quirements of this section; State municipal solid waste received from July 26, 1996 CONGRESSIONAL RECORD — SENATE S8995 each State at landfills or incinerators not The authority to prohibit the disposal of grams administered by the State or its polit- covered by host community agreements or out-of-State municipal solid waste provided ical subdivision that incur costs for which permits authorizing receipt of out-of-State under subsection (a)(1) shall not apply to the surcharge is collected. municipal solid waste. The list for any cal- landfills and incinerators in operation on the ‘‘(6) CONDITIONS.—(A) Subject to subpara- endar year shall be published by June 1 of date of enactment of this section that— graphs (B) and (C), a State covered by this the following calendar year. ‘‘(A) received during calendar year 1993 subsection may impose and collect a cost re- For purposes of developing the list required documented shipments of out-of-State mu- covery surcharge on the processing or dis- in this section, the Administrator shall be nicipal solid waste; and posal within the State of out-of-State munic- responsible for collating and publishing only ‘‘(B)(i) in the case of landfills, are in com- ipal solid waste if— that information provided to the Adminis- pliance with all applicable Federal and State ‘‘(i) the State demonstrates a cost to the trator by States pursuant to this section. laws and regulations relating to operation, State arising from the processing or disposal The Administrator shall not be required to design and location standards, leachate col- within the State of a volume of municipal gather additional data over and above that lection, ground water monitoring, and finan- solid waste from a source outside the State; provided by the States pursuant to this sec- cial assurance for closure and post-closure ‘‘(ii) the surcharge is based on those costs tion, nor to verify data provided by the and corrective action; or to the State demonstrated under clause (i) that, if not paid for through the surcharge, States pursuant to this section, nor to arbi- ‘‘(ii) in the case of incinerators, are in would otherwise have to be paid or sub- trate or otherwise entertain or resolve dis- compliance with the applicable requirements sidized by the State; and putes between States or other parties con- of section 129 of the Clean Air Act (42 U.S.C. ‘‘(iii) the surcharge is compensatory and is cerning interstate movements of municipal 7429) and applicable State laws and regula- not discriminatory. solid waste. Any actions by the Adminis- tions relating to facility design and oper- ‘‘(B) In no event shall a cost recovery sur- trator under this section shall be final and ations. charge be imposed by a State to the extent not subject to judicial review. ‘‘(2) A Governor may not prohibit the dis- posal of out-of-State municipal solid waste that the cost for which recovery is sought is ‘‘(D) SAVINGS PROVISION.—Nothing in this pursuant to subsection (a)(1) at facilities de- otherwise paid, recovered, or offset by any subsection shall be construed to preempt any scribed in this subsection that are not in other fee or tax paid to the State or its polit- State requirement that requires more fre- compliance with applicable Federal and ical subdivision or to the extent that the quent reporting of information. State laws and regulations unless disposal of amount of the surcharge is offset by volun- ‘‘(7) Any affected local government that in- municipal solid waste generated within the tarily agreed payments to a State or its po- tends to submit a request under paragraph State at such facilities is also prohibited. litical subdivision in connection with the (1) or take formal action to enter into a host ‘‘(c) ADDITIONAL AUTHORITY TO LIMIT OUT- generation, transportation, treatment, proc- community agreement after the date of en- OF-STATE MUNICIPAL SOLID WASTE.—(1) In essing, or disposal of solid waste. actment of this subsection shall, prior to any case in which an affected local govern- ‘‘(C) The grant of a subsidy by a State with taking such action— ment is considering entering into, or has en- respect to entities disposing of waste gen- ‘‘(A) notify the Governor, contiguous local tered into, a host community agreement and erated within the State does not constitute governments, and any contiguous Indian the disposal or incineration of out-of-State discrimination for purposes of subparagraph tribes; municipal solid waste under such agreement (A)(iii). ‘‘(B) publish notice of the action in a news- would preclude the use of municipal solid ‘‘(7) DEFINITIONS.—As used in this sub- paper of general circulation at least 30 days waste management capacity described in section: before taking such action; paragraph (2), the Governor of the State in ‘‘(A) The term ‘costs’ means the costs in- ‘‘(C) provide an opportunity for public which the affected local government is lo- curred by the State for the implementation comment; and cated may prohibit the execution of such of its laws governing the processing or dis- ‘‘(D) following notice and comment, take host community agreement with respect to posal of municipal solid waste, limited to the formal action on any proposed request or ac- that capacity. issuance of new permits and renewal of or tion at a public meeting. ‘‘(2) The municipal solid waste manage- modification of permits, inspection and com- ‘‘(8) Any owner or operator seeking a host ment capacity referred to in paragraph (1) is pliance monitoring, enforcement, and costs community agreement after the date of en- that capacity— associated with technical assistance, data actment of this subsection shall provide to ‘‘(A) that is permitted under Federal or management, and collection of fees. the affected local government the following State law; ‘‘(B) The term ‘processing’ means any ac- information, which shall be made available ‘‘(B) that is identified under the State tivity to reduce the volume of solid waste or to the public from the affected local govern- plan; and alter its chemical, biological or physical ment: ‘‘(C) for which a legally binding commit- state, through processes such as thermal ‘‘(A) A brief description of the planned fa- ment between the owner or operator and an- treatment, bailing, composting, crushing, cility, including a description of the facility other party has been made for its use for dis- shredding, separation, or compaction. size, ultimate waste capacity, and antici- posal or incineration of municipal solid ‘‘(e) SAVINGS CLAUSE.—Nothing in this sec- pated monthly and yearly waste quantities waste generated within the region (identified tion shall be interpreted or construed— to be handled. under section 4006(a)) in which the local gov- ‘‘(1) to have any effect on State law relat- ‘‘(B) A map of the facility site that indi- ernment is located. ing to contracts; or cates the location of the facility in relation ‘‘(d) COST RECOVERY SURCHARGE.— ‘‘(2) to affect the authority of any State or to the local road system and topographical ‘‘(1) AUTHORITY.—A State described in local government to protect public health and hydrological features and any buffer paragraph (2) may adopt a law and impose and the environment through laws, regula- zones and facility units to be acquired by the and collect a cost recovery charge on the tions, and permits, including the authority owner or operator of the facility. processing or disposal of out-of-State munic- to limit the total amount of municipal solid ‘‘(C) A description of the existing environ- ipal solid waste in the State in accordance waste that landfill or incinerator owners or mental conditions at the site, and any viola- with this subsection. operators within the jurisdiction of a State tions of applicable laws or regulations. ‘‘(2) APPLICABILITY.—The authority to im- may accept during a prescribed period: Pro- ‘‘(D) A description of environmental con- pose a cost recovery surcharge under this vided That such limitations do not discrimi- trols to be utilized at the facility. subsection applies to any State that on or nate between in-State and out-of-State mu- ‘‘(E) A description of the site access con- before April 3, 1994, imposed and collected a nicipal solid waste, except to the extent au- trols to be employed, and roadway improve- special fee on the processing or disposal of thorized by this section. ments to be made, by the owner or operator, out-of-State municipal solid waste pursuant ‘‘(f) DEFINITIONS.—As used in this section: and an estimate of the timing and extent of to a State law. ‘‘(1)(A) The term ‘affected local govern- increased local truck traffic. ‘‘(3) LIMITATION.—No such State may im- ment’, used with respect to a landfill or in- ‘‘(F) A list of all required Federal, State, pose or collect a cost recovery surcharge cinerator, means— and local permits. from a facility on any out-of-State munici- ‘‘(i) the public body created by State law ‘‘(G) Any information that is required by pal solid waste that is being received at the with responsibility to plan for municipal State or Federal law to be provided with re- facility under 1 or more contracts entered solid waste management, a majority of the spect to any violations of environmental into after April 3, 1994, and before the date of members of which are elected officials, for laws (including regulations) by the owner enactment of this section. the area in which the facility is located or and operator, the disposition of enforcement ‘‘(4) AMOUNT OF SURCHARGE.—The amount proposed to be located; or proceedings taken with respect to the viola- of the cost recovery surcharge may be no ‘‘(ii) the elected officials of the city, town, tions, and corrective measures taken as a re- greater than the amount necessary to re- township, borough, county, or parish exercis- sult of the proceedings. cover those costs determined in conformance ing primary responsibility over municipal ‘‘(H) Any information that is required by with paragraph (6) and in no event may ex- solid waste management or the use of land in State or Federal law to be provided with re- ceed $1.00 per ton of waste. the jurisdiction in which the facility is lo- spect to compliance by the owner or operator ‘‘(5) USE OF SURCHARGE COLLECTED.—All cated or is proposed to be located. with the State solid waste management plan. cost recovery surcharges collected by a State ‘‘(B)(i) Within 90 days after the date of en- ‘‘(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT covered by this subsection shall be used to actment of this section, a Governor may des- OUT-OF-STATE MUNICIPAL SOLID WASTE.—(1) fund those solid waste management pro- ignate and publish notice of which entity S8996 CONGRESSIONAL RECORD — SENATE July 26, 1996 listed in clause (i) or (ii) of subparagraph (A) the physical and chemical state of the indus- nicipal solid waste or recyclable material shall serve as the affected local government trial waste, and composition, including con- that is generated within the boundaries of for actions taken under this section and struction and demolition debris; the State, political subdivision, or public after publication of such notice. ‘‘(G) any medical waste that is segregated service authority be delivered to waste man- ‘‘(ii) If a Governor fails to make and pub- from or not mixed with municipal solid agement facilities or facilities for recyclable lish notice of such a designation, the affected waste (as otherwise defined in this para- material or a public service authority identi- local government shall be the elected offi- graph); or fied by the State, political subdivision, or cials of the city, town, township, borough, ‘‘(H) any material or product returned public service authority. county, parish, or other public body created from a dispenser or distributor to the manu- ‘‘(2) FLOW CONTROL AUTHORITY.—The term pursuant to State law with primary jurisdic- facturer for credit, evaluation, or possible ‘flow control authority’ means the authority tion over the land or the use of land on reuse. to control the movement of municipal solid which the facility is located or is proposed to ‘‘(5) The term ‘compliance’ means a pat- waste or voluntarily relinquished recyclable be located. tern or practice of adhering to and satisfying material and direct such solid waste or vol- ‘‘(C) For purposes of host community standards and requirements promulgated by untarily relinquished recyclable material to agreements entered into before the date of the Federal or a State government for the a designated waste management facility or publication of the notice, the term means ei- purpose of preventing significant harm to facility for recyclable material. ther a public body described in subparagraph human health and the environment. Actions ‘‘(3) MUNICIPAL SOLID WASTE.—The term (A)(i) or the elected officials of any of the undertaken in accordance with compliance public bodies described in subparagraph schedules for remediation established by ‘municipal solid waste’ means— (A)(ii). Federal or State enforcement authorities ‘‘(A) solid waste generated by the general ‘‘(2) HOST COMMUNITY AGREEMENT.—The shall be considered compliance for purposes public or from a residential, commercial, in- term ‘host community agreement’ means a of this section. stitutional, or industrial source, consisting written, legally binding document or docu- ‘‘(6) The terms ‘specifically authorized’ and of paper, wood, yard waste, plastics, leather, ments executed by duly authorized officials ‘specifically authorizes’ refer to an explicit rubber, and other combustible material and of the affected local government that specifi- authorization, contained in a host commu- noncombustible material such as metal and cally authorizes a landfill or incinerator to nity agreement or permit, to import waste glass, including residue remaining after re- receive municipal solid waste generated out from outside the State. Such authorization cyclable material has been separated from of State, but does not include any agreement may include a reference to a fixed radius sur- waste destined for disposal, and including to pay host community fees for receipt of rounding the landfill or incinerator that in- waste material removed from a septic tank, waste unless additional express authoriza- cludes an area outside the State or a ref- septage pit, or cesspool (other than from tion to receive out-of-State waste is also in- erence to any place of origin, reference to portable toilets); but cluded. specific places outside the State, or use of ‘‘(B) does not include— ‘‘(3) The term ‘out-of-State municipal solid such phrases as ‘regardless of origin’ or ‘out- ‘‘(i) waste identified or listed as a hazard- waste’ means, with respect to any State, mu- side the State’. The language for such au- ous waste under section 3001 of this Act or nicipal solid waste generated outside of the thorization may vary as long as it clearly waste regulated under the Toxic Substances State. Unless the President determines it is and affirmatively states the approval or con- Control Act (15 U.S.C. 2601 et seq.); inconsistent with the North American Free sent of the affected local government or ‘‘(ii) waste, including contaminated soil Trade Agreement and the General Agree- State for receipt of municipal solid waste and debris, resulting from a response action ment on Tariffs and Trade, the term shall in- from sources outside the State. taken under section 104 or 106 of the Com- clude municipal solid waste generated out- ‘‘(g) IMPLEMENTATION AND ENFORCEMENT.— side of the United States. Notwithstanding prehensive Environmental Response, Com- Any State may adopt such laws and regula- any other provision of law, generators of mu- pensation, and Liability Act of 1980 (42 tions, not inconsistent with this section, as nicipal solid waste outside the United States U.S.C. 9604, 9606) or any corrective action are necessary to implement and enforce this shall possess no greater right of access to taken under this Act; section, including provisions for penalties.’’. disposal facilities in a State than United ‘‘(iii) medical waste listed in section 11002; (B) TABLE OF CONTENTS AMENDMENT.—The States generators of municipal solid waste ‘‘(iv) industrial waste generated by manu- table of contents in section 1001 of the Solid outside of that State. facturing or industrial processes, including Waste Disposal Act (42 U.S.C. prec. 6901) is ‘‘(4) The term ‘municipal solid waste’ waste generated during scrap processing and means refuse (and refuse-derived fuel) gen- amended by adding at the end of the items scrap recycling; erated by the general public or from a resi- relating to subtitle D the following new ‘‘(v) recyclable material; or dential, commercial, institutional, or indus- item: ‘‘(vi) sludge. trial source (or any combination thereof), ‘‘Sec. 4011. Interstate transportation of mu- ‘‘(4) PUBLIC SERVICE AUTHORITY.—The term consisting of paper, wood, yard wastes, plas- nicipal solid waste.’’. ‘public service authority’ means— tics, leather, rubber, or other combustible or (2) NEEDS DETERMINATION.—The Governor ‘‘(A) an authority or authorities created noncombustible materials such as metal or of a State may accept, deny or modify an ap- pursuant to State legislation to provide indi- glass (or any combination thereof). The term plication for a municipal solid waste man- vidually or in combination solid waste man- ‘municipal solid waste’ does not include— agement facility permit if— agement services to political subdivisions; ‘‘(A) any solid waste identified or listed as (A) it is done in a manner that is not in- ‘‘(B) other body created pursuant to State a hazardous waste under section 3001; consistent with the provisions of this sec- law; or ‘‘(B) any solid waste, including contami- tion; ‘‘(C) an authority that was issued a certifi- nated soil and debris, resulting from a re- (B) a State law enacted in 1990 and a regu- cate of incorporation by a State corporation sponse action taken under section 104 or 106 lation adopted by the governor in 1991 spe- commission established by a State constitu- of the Comprehensive Environmental Re- cifically requires the permit applicant to tion. sponse, Compensation, and Liability Act of demonstrate that there is a local or regional ‘‘(5) PUT OR PAY AGREEMENT.—(A) The term 1980 (42 U.S.C. 9604 or 9606) or a corrective ac- need within the State for the facility; and ‘put or pay agreement’ means an agreement tion taken under this Act; (C) the permit applicant fails to dem- that obligates or otherwise requires a State ‘‘(C) any metal, pipe, glass, plastic, paper, onstrate that there is a local or regional or political subdivision to— textile, or other material that has been sepa- need within the State for the facility. ‘‘(i) deliver a minimum quantity of munici- rated or diverted from municipal solid waste (b) FLOW CONTROL.— pal solid waste to a waste management facil- (as otherwise defined in this paragraph) and (1) STATE AND LOCAL GOVERNMENT CONTROL has been transported into a State for the ity; and OF MOVEMENT OF MUNICIPAL SOLID WASTE AND ‘‘(ii) pay for that minimum quantity of purpose of recycling or reclamation; RECYCLABLE MATERIAL.—Subtitle D of the municipal solid waste even if the stated min- ‘‘(D) any solid waste that is— Solid Waste Disposal Act (42 U.S.C. 6941 et imum quantity of municipal solid waste is ‘‘(i) generated by an industrial facility; and seq.), as amended by subsection (a)(1)(A), is not delivered within a required period of ‘‘(ii) transported for the purpose of treat- amended by adding after section 4011 the fol- time. ment, storage, or disposal to a facility that lowing new section: is owned or operated by the generator of the ‘‘(B) For purposes of the authority con- ‘‘SEC. 4012. STATE AND LOCAL GOVERNMENT ferred by subsections (b) and (c), the term waste, or is located on property owned by the CONTROL OF MOVEMENT OF MUNIC- generator of the waste, or is located on prop- IPAL SOLID WASTE AND RECYCLA- ‘legally binding provision of the State or po- erty owned by a company in which the gen- BLE MATERIAL. litical subdivision’ includes a put or pay erator of the waste has an ownership inter- ‘‘(a) DEFINITIONS.—In this section: agreement that designates waste to a waste est; ‘‘(1) DESIGNATE; DESIGNATION.—The terms management facility that was in operation ‘‘(E) any solid waste generated incident to ‘designate’ and ‘designation’ refer to an au- on or before December 31, 1988 and that re- the provision of service in interstate, intra- thorization by a State, political subdivision, quires an aggregate tonnage to be delivered state, foreign, or overseas air transportation; or public service authority, and the act of a to the facility during each operating year by ‘‘(F) any industrial waste that is not iden- State, political subdivision, or public service the political subdivisions which have entered tical to municipal solid waste (as otherwise authority in requiring or contractually com- put or pay agreements designating that defined in this paragraph) with respect to mitting, that all or any portion of the mu- waste management facility. July 26, 1996 CONGRESSIONAL RECORD — SENATE S8997 ‘‘(C) The entering into of a put or pay ‘‘(B) completion of the schedule for pay- solid waste is to be transported or at which agreement shall be considered to be a des- ment of the capital costs of the facility con- municipal solid waste is to be disposed of ignation (as defined in subsection (a)(1)) for cerned (as in effect May 15, 1994); or under that law, ordinance, regulation, plan, all purposes of this title. ‘‘(C) the end of the remaining useful life of or legally binding provision. ‘‘(6) RECYCLABLE MATERIAL.—The term ‘re- the facility (as in existence on the date of ‘‘(2) FACTORS DEMONSTRATING COMMIT- cyclable material’ means material that has enactment of this section), as that remain- MENT.—A commitment to the designation of been separated from waste otherwise des- ing life may be extended by— waste management facilities or public serv- tined for disposal (at the source of the waste ‘‘(i) retrofitting of equipment or the mak- ice authority is demonstrated by 1 or more or at a processing facility) or has been man- ing of other significant modifications to of the following factors: aged separately from waste destined for dis- meet applicable environmental requirements ‘‘(A) CONSTRUCTION PERMITS.—All permits posal, for the purpose of recycling, reclama- or safety requirements; required for the substantial construction of tion, composting of organic material such as ‘‘(ii) routine repair or scheduled replace- the facility were obtained prior to May 15, food and yard waste, or reuse (other than for ment of equipment or components that does 1994. the purpose of incineration). not add to the capacity of a waste manage- ‘‘(B) CONTRACTS.—All contracts for the ‘‘(7) WASTE MANAGEMENT FACILITY.—The ment facility; or substantial construction of the facility were term ‘waste management facility’ means a ‘‘(iii) expansion of the facility on land that in effect prior to May 15, 1994. facility that collects, separates, stores, is— ‘‘(C) REVENUE BONDS.—Prior to May 15, transports, transfers, treats, processes, com- ‘‘(I) legally or equitably owned, or under 1994, revenue bonds were presented for sale option to purchase or lease, by the owner or busts, or disposes of municipal solid waste. to specifically provide revenue for the con- operator of the facility; and struction of the facility. ‘‘(b) AUTHORITY.— ‘‘(II) covered by the permit for the facility ‘‘(D) CONSTRUCTION AND OPERATING PER- N GENERAL ‘‘(1) I .—Each State, political (as in effect May 15, 1994). MITS.—The State or political subdivision subdivision of a State, and public service au- ‘‘(5) ADDITIONAL AUTHORITY.— submitted to the appropriate regulatory thority may exercise flow control authority ‘‘(A) APPLICATION OF PARAGRAPH.—This agency or agencies, on or before May 15, 1994, for municipal solid waste and for recyclable paragraph applies to a State or political sub- substantially complete permit applications material voluntarily relinquished by the division of a State that, on or before Janu- for the construction and operation of the fa- owner or generator of the material that is ary 1, 1984— cility. generated within its jurisdiction by directing ‘‘(i) adopted regulations under State law ‘‘(d) FORMATION OF SOLID WASTE MANAGE- the municipal solid waste or recyclable ma- that required the transportation to, and MENT DISTRICT TO PURCHASE AND OPERATE terial to a waste management facility or fa- management or disposal at, waste manage- EXISTING FACILITY.—Notwithstanding sub- ment facilities in the State, of— cility for recyclable material, if such flow section (b)(1) (A) and (B), a solid waste man- ‘‘(I) all solid waste from residential, com- control authority— agement district that was formed by a num- mercial, institutional, or industrial sources ‘‘(A)(i) had been exercised prior to May 15, ber of political subdivisions for the purpose (as defined under State law); and 1994, and was being implemented on May 15, of purchasing and operating a facility owned ‘‘(II) recyclable material voluntarily relin- 1994, pursuant to a law, ordinance, regula- by 1 of the political subdivisions may exer- quished by the owner or generator of the re- tion, or other legally binding provision of cise flow control authority under subsection the State or political subdivision; or cyclable material; and ‘‘(ii) as of January 1, 1984, had imple- (b) if— ‘‘(ii) had been exercised prior to May 15, ‘‘(1) the facility was fully licensed and in 1994, but implementation of such law, ordi- mented those regulations in the case of every political subdivision of the State. operation prior to May 15, 1994; nance, regulation, or other legally binding ‘‘(2) prior to April 1, 1994, substantial nego- provision of the State or political subdivi- ‘‘(B) AUTHORITY.—Notwithstanding any- thing to the contrary in this section (includ- tiations and preparation of documents for sion was prevented by an injunction, tem- the formation of the district and purchase of porary restraining order, or other court ac- ing subsection (m)), a State or political sub- division of a State described in subparagraph the facility were completed; tion, or was suspended by the voluntary deci- (A) may continue to exercise flow control au- ‘‘(3) prior to May 15, 1994, at least 80 per- sion of the State or political subdivision be- thority (including designation of waste man- cent of the political subdivisions that were cause of the existence of such court action; agement facilities in the State that meet the to participate in the solid waste manage- ‘‘(B) has been implemented by designating requirements of subsection (c)) for all classes ment district had adopted ordinances com- before May 15, 1994, the particular waste and categories of solid waste that were sub- mitting the political subdivisions to partici- management facilities or public service au- ject to flow control on January 1, 1984. pation and the remaining political subdivi- thority to which the municipal solid waste ‘‘(6) FLOW CONTROL ORDINANCE.—Notwith- sions adopted such ordinances within 2 or recyclable material is to be delivered, standing anything to the contrary in this months after that date; and which facilities were in operation as of May section, but subject to subsection (m), any ‘‘(4) the financing was completed, the ac- 15, 1994, or were in operation prior to May 15, political subdivision which adopted a flow quisition was made, and the facility was 1994 and were temporarily inoperative on control ordinance in November 1991, and des- placed under operation by the solid waste May 15, 1994. ignated facilities to receive municipal solid management district by September 21, 1994. ‘‘(2) LIMITATION.—The authority of this waste prior to April 1, 1992, may exercise ‘‘(e) CONSTRUCTED AND OPERATED.—A polit- section extends only to the specific classes flow control authority until the end of the ical subdivision of a State may exercise flow or categories of municipal solid waste to remaining life of all contracts between the control authority for municipal solid waste which flow control authority requiring a political subdivision and any other persons and for recyclable material voluntarily re- movement to a waste management facility regarding the movement or delivery of mu- linquished by the owner or generator of the was actually applied on or before May 15, nicipal solid waste or voluntarily relin- material that is generated within its juris- 1994 (or, in the case of a State, political sub- quished recyclable material to a designated diction if— division, or public service authority that facility (as in effect May 15, 1994). Such au- ‘‘(1) prior to May 15, 1994, the political sub- qualifies under subsection (c), to the specific thority shall extend only to the specific division— classes or categories of municipal solid classes or categories of municipal solid ‘‘(A) contracted with a public service au- waste for which the State, political subdivi- waste to which flow control authority was thority or with its operator to deliver or sion, or public service authority prior to actually applied on or before May 15, 1994. cause to be delivered to the public service May 15, 1994, had committed to the designa- The authority under this subsection shall be authority substantially all of the disposable tion of a waste management facility). exercised in accordance with section municipal solid waste that is generated or ‘‘(3) LACK OF CLEAR IDENTIFICATION.—With 4012(b)(4). collected by or is within or under the control regard to facilities granted flow control au- ‘‘(c) COMMITMENT TO CONSTRUCTION.— of the political subdivision, in order to sup- thority under subsection (c), if the specific ‘‘(1) IN GENERAL.—Notwithstanding sub- port revenue bonds issued by and in the classes or categories of municipal solid section (b)(1) (A) and (B), any political sub- name of the public service authority or on waste are not clearly identified, the author- division of a State may exercise flow control its behalf by a State entity for waste man- ity of this section shall apply only to munic- authority under subsection (b), if— agement facilities; or ipal solid waste generated by households. ‘‘(A)(i) the law, ordinance, regulation, or ‘‘(B) entered into contracts with a public ‘‘(4) DURATION OF AUTHORITY.—With respect other legally binding provision specifically service authority or its operator to deliver to each designated waste management facil- provides for flow control authority for mu- or cause to be delivered to the public service ity, the authority of this section shall be ef- nicipal solid waste generated within its authority substantially all of the disposable fective until the later of— boundaries; and municipal solid waste that is generated or ‘‘(A) the end of the remaining life of a con- ‘‘(ii) such authority was exercised prior to collected by or within the control of the po- tract between the State, political subdivi- May 15, 1995, and was being implemented on litical subdivision, which imposed flow con- sion, or public service authority and any May 15, 1994. trol pursuant to a law, ordinance, regula- other person regarding the movement or de- ‘‘(B) prior to May 15, 1994, the political sub- tion, or other legally binding provision and livery of municipal solid waste or volun- division committed to the designation of the where outstanding revenue bonds were issued tarily relinquished recyclable material to a particular waste management facilities or in the name of public service authorities for designated facility (as in effect May 15, 1994); public service authority to which municipal waste management facilities; and S8998 CONGRESSIONAL RECORD — SENATE July 26, 1996 ‘‘(2) prior to May 15, 1994, the public service sion of a State may exercise flow control au- impairing, restraining, or discriminating authority— thority for municipal solid waste and for re- against interstate commerce. ‘‘(A) issued the revenue bonds or had issued cyclable material voluntarily relinquished ‘‘(l) EFFECT ON EXISTING LAWS AND CON- on its behalf by a State entity for the con- by the owner or generator of the material TRACTS.— struction of municipal solid waste facilities that is generated within its jurisdiction if, ‘‘(1) ENVIRONMENTAL LAWS.—Nothing in to which the political subdivision’s munici- prior to May 15, 1994, the political subdivi- this section shall be construed to have any pal solid waste is transferred or disposed; sion— effect on any other law relating to the pro- and ‘‘(1) had been authorized by State statute tection of human health and the environ- ‘‘(B) commenced operation of the facilities. which specifically named the political sub- ment or the management of municipal solid The authority under this subsection shall be division to exercise flow control authority waste or recyclable material. exercised in accordance with section and had implemented the authority through ‘‘(2) STATE LAW.—Nothing in this section 4012(b)(4). a law, ordinance, regulation, contract, or shall be construed to authorize a political ‘‘(f) STATE-MANDATED DISPOSAL SERV- other legally binding provision; and subdivision of a State to exercise the flow ICES.—A political subdivision of a State may ‘‘(2) had adopted a local solid waste man- control authority granted by this section in exercise flow control authority for municipal agement plan pursuant to State statute and a manner that is inconsistent with State solid waste and for recyclable material vol- was required by State statute to adopt such law. untarily relinquished by the owner or gener- plan in order to submit a complete permit ‘‘(3) OWNERSHIP OF RECYCLABLE MATERIAL.— ator of the material that is generated within application to construct a new solid waste Nothing in this section— its jurisdiction if, prior to May 15, 1994, the management facility proposed in such plan; ‘‘(A) authorizes a State or political sub- political subdivision— and division of a State to require a generator or ‘‘(1) was responsible under State law for ‘‘(3) had presented for sale a revenue or owner of recyclable material to transfer re- providing for the operation of solid waste fa- general obligation bond to provide for the cyclable material to the State or political cilities to serve the disposal needs of all in- site selection, permitting, or acquisition for subdivision; or corporated and unincorporated areas of the construction of new facilities identified and ‘‘(B) prohibits a generator or owner of re- county; proposed in its local solid waste management cyclable material from selling, purchasing, ‘‘(2) is required to initiate a recyclable ma- plan; and accepting, conveying, or transporting recy- terials recycling program in order to meet a ‘‘(4) includes a municipality or municipali- clable material for the purpose of trans- municipal solid waste reduction goal of at ties required by State law to adopt a local formation or remanufacture into usable or least 30 percent; law or ordinance to require that solid waste marketable material, unless the generator or ‘‘(3) has been authorized by State statute which has been left for collection shall be owner voluntarily made the recyclable mate- to exercise flow control authority and had separated into recyclable, reusable or other rial available to the State or political sub- implemented the authority through the components for which economic markets division and relinquished any right to, or adoption or execution of a law, ordinance, exist; and ownership of, the recyclable material. ‘‘(m) REPEAL.—(1) Notwithstanding any regulation, contract, or other legally binding ‘‘(5) is in a State that has aggressively pur- provision of this title, authority to flow con- provision; sued closure of substandard municipal land- trol by directing municipal solid waste or re- ‘‘(4) had incurred, or caused a public serv- fills, both by regulatory action and under ice authority to incur, significant financial cyclable materials to a waste management statute designed to protect deep flow re- facility shall terminate on the date that is 30 expenditures to comply with State law and charge areas in counties where potable water to repay outstanding bonds that were issued years after the date of enactment of this supplies are derived from sole source Act. specifically for the construction of solid aquifers. waste management facilities to which the ‘‘(2) This section and the item relating to ‘‘(i) RETAINED AUTHORITY.— political subdivision’s waste is to be deliv- this section in the table of contents for sub- ‘‘(1) REQUEST.—On the request of a genera- ered; and title D of the Solid Waste Disposal Act are tor of municipal solid waste affected by this ‘‘(5) the authority under this subsection repealed effective as of the date that is 30 section, a State or political subdivision may shall be exercised in accordance with section years after the date of enactment of this authorize the diversion of all or a portion of 4012(b)(4). Act. the solid waste generated by the generator ‘‘(n) TITLE NOT APPLICABLE TO LISTED FA- ‘‘(g) STATE SOLID WASTE DISTRICT AUTHOR- CILITIES.—Notwithstanding any other provi- ITY.—A solid waste district or a political making the request to an alternative solid subdivision of a State may exercise flow con- waste treatment or disposal facility, if the sion of this title, the authority to exercise flow control shall not apply to any facility trol authority for municipal solid waste and purpose of the request is to provide a higher that— for recyclable material voluntarily relin- level of protection for human health and the ‘‘(1) on the date of enactment of this Act, quished by the owner or generator of the ma- environment or reduce potential future li- terial that is generated within its jurisdic- ability of the generator under Federal or is listed on the National Priorities List tion if— State law for the management of such waste, under the Comprehensive Environmental, ‘‘(1) the solid waste district, political sub- unless the State or political subdivision de- Response, Compensation and Liability Act division or municipality within said district termines that the facility to which the mu- (42 U.S.C. 9601 et seq.); or is currently required to initiate a recyclable nicipal solid waste is proposed to be diverted ‘‘(2) as of May 15, 1994, was the subject of a materials recycling program in order to does not provide a higher level of protection pending proposal by the Administrator of the meet a municipal solid waste reduction goal for human health and the environment or Environmental Protection Agency to be list- of at least 30 percent by the year 2005, and does not reduce the potential future liability ed on the National Priorities List.’’. uses revenues generated by the exercise of of the generator under Federal or State law (2) TABLE OF CONTENTS AMENDMENT.—The flow control authority strictly to implement for the management of such waste. table of contents for subtitle D in section programs to manage municipal solid waste, ‘‘(2) CONTENTS.—A request under paragraph 1001 of the Solid Waste Disposal Act (42 other than development of incineration; and (1) shall include information on the environ- U.S.C. prec. 6901), as amended by subsection ‘‘(2) prior to May 15, 1994, the solid waste mental suitability of the proposed alter- (a)(1)(B), is amended by adding after the district, political subdivision or municipal- native treatment or disposal facility and item relating to section 4011 the following ity within said district— method, compared to that of the designated new item: ‘‘(A) was responsible under State law for facility and method. ‘‘Sec. 4012. State and local government con- the management and regulation of the stor- ‘‘(j) LIMITATIONS ON REVENUE.—A State or trol of movement of municipal age, collection, processing, and disposal of political subdivision may exercise flow con- solid waste and recyclable ma- solid wastes within its jurisdiction; trol authority under subsection (b), (c), (d), terial.’’. ‘‘(B) was authorized by State statute (en- or (e) only if the State or political subdivi- (c) GROUND WATER MONITORING.— acted prior to January 1, 1992) to exercise sion certifies that the use of any of its reve- (1) AMENDMENT OF SOLID WASTE DISPOSAL flow control authority, and subsequently nues derived from the exercise of that au- ACT.—Section 4010(c) of the Solid Waste Dis- adopted or sought to exercise the authority thority will be used for solid waste manage- posal Act (42 U.S.C. 6949a(c)) is amended— through a law, ordinance, regulation, regu- ment services or related landfill reclama- (A) by striking ‘‘CRITERIA.—Not later’’ and latory proceeding, contract, franchise, or tion. inserting the following: ‘‘CRITERIA.— other legally binding provision; and ‘‘(k) REASONABLE REGULATION OF COM- ‘‘(1) IN GENERAL.—Not later’’; and ‘‘(C) was required by State statute (en- MERCE.—A law, ordinance, regulation, or (B) by adding at the end the following new acted prior to January 1, 1992) to develop and other legally binding provision or official act paragraph: implement a solid waste management plan of a State or political subdivision, as de- ‘‘(2) ADDITIONAL REVISIONS.—Subject to consistent with the State solid waste man- scribed in subsection (b), (c), (d), or (e), that paragraph (2), the requirements of the cri- agement plan, and the district solid waste implements flow control authority in com- teria described in paragraph (1) relating to management plan was approved by the ap- pliance with this section shall be considered ground water monitoring shall not apply to propriate State agency prior to September to be a reasonable regulation of commerce an owner or operator of a new municipal 15, 1994. retroactive to its date of enactment or effec- solid waste landfill unit, an existing munici- ‘‘(h) STATE-AUTHORIZED SERVICES AND tive date and shall not be considered to be an pal solid waste landfill unit, or a lateral ex- LOCAL PLAN ADOPTION.—A political subdivi- undue burden on or otherwise considered as pansion of a municipal solid waste landfill July 26, 1996 CONGRESSIONAL RECORD — SENATE S8999

unit, that disposes of less than 20 tons of mu- (2) REINSTATEMENT OF REGULATORY EXEMP- (iii) SOLID WASTE.—The term ‘‘solid waste’’ nicipal solid waste daily, based on an annual TION.—It is the intent of section 4010(c)(2) of has the meaning provided the term under average, if— the Solid Waste Disposal Act, as added by section 1004(27) of the Solid Waste Disposal ‘‘(A) there is no evidence of ground water paragraph (1), to immediately reinstate sub- Act (42 U.S.C. 6903(27)). contamination from the municipal solid part E of part 258 of title 40, Code of Federal (B) IN GENERAL.— waste landfill unit or expansion; and Regulations, as added by the final rule pub- (i) STUDY OF SOLID WASTE MANAGEMENT IS- ‘‘(B) the municipal solid waste landfill unit lished at 56 Federal Register 50798 on October SUES ASSOCIATED WITH NORTH AMERICAN FREE or expansion serves— 9, 1991. TRADE AGREEMENT.—As soon as practicable ‘‘(i) a community that experiences an an- (d) STATE OR REGIONAL SOLID WASTE after the date of enactment of this Act, the nual interruption of at least 3 consecutive PLANS.— Administrator is authorized to conduct a months of surface transportation that pre- (1) FINDING.—Section 1002(a) of the Solid study of solid waste management issues as- vents access to a regional waste manage- Waste Disposal Act (42 U.S.C. 6901(a)) is sociated with increased border use resulting ment facility; or amended— from the implementation of the North Amer- ‘‘(ii) a community that has no practicable (A) by striking the period at the end of ican Free Trade Agreement. waste management alternative and the land- paragraph (4) and inserting ‘‘; and’’; and (ii) STUDY OF SOLID WASTE MANAGEMENT IS- fill unit is located in an area that annually (B) by adding at the end the following: SUES ASSOCIATED WITH UNITED STATES-CANADA receives less than or equal to 25 inches of ‘‘(5) that the Nation’s improved standard of FREE-TRADE AGREEMENT.—As soon as prac- precipitation. living has resulted in an increase in the ticable after the date of enactment of this Act, the Administrator may conduct a simi- ‘‘(3) PROTECTION OF GROUND WATER RE- amount of solid waste generated per capita, lar study focused on border traffic of solid SOURCES.— and the Nation has not given adequate con- waste resulting from the implementation of ‘‘(A) MONITORING REQUIREMENT.—A State sideration to solid waste reduction strate- the United States-Canada Free-Trade Agree- may require ground water monitoring of a gies.’’. ment, with respect to the border region be- solid waste landfill unit that would other- (2) OBJECTIVE OF SOLID WASTE DISPOSAL tween the United States and Canada. wise be exempt under paragraph (2) if nec- ACT.—Section 1003(a) of the Solid Waste Dis- (C) CONTENTS OF STUDY.—A study con- essary to protect ground water resources and posal Act (42 U.S.C. 6902(a)) is amended— (A) by striking ‘‘and’’ at the end of para- ducted under this paragraph shall provide for ensure compliance with a State ground the following: water protection plan, where applicable. graph (10); (B) by striking the period at the end of (i) A study of planning for solid waste ‘‘(B) METHODS.—If a State requires ground treatment, storage, and disposal capacity paragraph (11) and inserting ‘‘; and’’; and water monitoring of a solid waste landfill (including additional landfill capacity) that (C) by adding at the end the following: unit under subparagraph (A), the State may would be necessary to accommodate the gen- ‘‘(12) promoting local and regional plan- allow the use of a method other than the use eration of additional household, commercial, ning for— of ground water monitoring wells to detect a and industrial wastes by an increased popu- ‘‘(A) effective solid waste collection and release of contamination from the unit. lation along the border involved. disposal; and ‘‘(C) CORRECTIVE ACTION.—If a State finds a (ii) A study of the relative impact on bor- ‘‘(B) reducing the amount of solid waste release from a solid waste landfill unit, the der communities of a regional siting of solid generated per capita through the use of solid State shall require corrective action as ap- waste storage and disposal facilities. waste reduction strategies.’’. propriate. (iii) In the case of the study described in ATIONAL POLICY.—Section 1003(b) of the ‘‘(4) ALASKA NATIVE VILLAGES.—Upon cer- (3) N subparagraph (B)(i), research concerning tification by the Governor of the State of Solid Waste Disposal Act (42 U.S.C. 6902(b)) is methods of tracking of the transportation Alaska that application of the requirements amended by inserting ‘‘solid waste and’’ of— of the criteria described in paragraph (1) to a after ‘‘generation of’’. (I) materials from the United States to solid waste landfill unit of a Native village (4) OBJECTIVE OF SUBTITLE D OF SOLID maquiladoras; and (as defined in section 3 of the Alaska Native WASTE DISPOSAL ACT.—Section 4001 of the (II) waste from maquiladoras to a final des- Claims Settlement Act (16 U.S.C. 1602)) or Solid Waste Disposal Act (42 U.S.C. 6941) is tination. unit that is located in or near a small, re- amended by inserting ‘‘promote local and re- (iv) In the case of the study described in mote Alaska village would be infeasible, or gional planning for effective solid waste col- subparagraph (B)(i), a determination of the would not be cost-effective, or is otherwise lection and disposal and for reducing the need for solid waste materials safety train- inappropriate because of the remote location amount of solid waste generated per capita ing for workers in Mexico and the United of the unit, the State may exempt the unit through the use of solid waste reduction States within the 100-mile zone specified in from some or all of those requirements. This strategies, and’’ after ‘‘objectives of this sub- the First Stage Implementation Plan Report subsection shall apply only to solid waste title are to’’. for 1992–1994 of the Integrated Environmental landfill units that dispose of less than 20 (5) DISCRETIONARY STATE PLAN PROVI- Plan for the Mexico-United States Border, is- tons of municipal solid waste daily, based on SIONS.—Section 4003 of the Solid Waste Dis- sued by the Administrator in February 1992. an annual average. posal Act (42 U.S.C. 6943) is amended by add- (v) A review of the adequacy of existing ‘‘(5) NO-MIGRATION EXEMPTION.— ing at the end the following: emergency response networks in the border ‘‘(A) IN GENERAL.—Ground water monitor- ‘‘(e) DISCRETIONARY PLAN PROVISIONS RE- region involved, including the adequacy of ing requirements may be suspended by the LATING TO SOLID WASTE REDUCTION GOALS, training, equipment, and personnel. Director of an approved State for a landfill LOCAL AND REGIONAL PLANS, AND ISSUANCE (vi) An analysis of solid waste management operator if the operator demonstrates that OF SOLID WASTE MANAGEMENT PERMITS.—Ex- practices in the border region involved, in- there is no potential for migration of hazard- cept as provided in section 4011(a)(4), a State cluding an examination of methods for pro- ous constituents from the unit to the upper- plan submitted under this subtitle may in- moting source reduction, recycling, and most aquifer during the active life of the clude, at the option of the State, provisions other alternatives to landfills. unit and the post-closure care period. for— (D) SOURCES OF INFORMATION.—In conduct- ‘‘(B) CERTIFICATION.—A demonstration ‘‘(1) establishment of a State per capita ing a study under this paragraph, the Admin- under subparagraph (A) shall— solid waste reduction goal, consistent with istrator shall, to the extent allowable by ‘‘(i) be certified by a qualified ground- the goals and objectives of this subtitle; and law, solicit, collect, and use the following in- water scientist and approved by the Director ‘‘(2) establishment of a program that en- formation: of an approved State. sures that local and regional plans are con- (i) A demographic profile of border lands ‘‘(C) GUIDANCE.—Not later than 6 months sistent with State plans and are developed in based on census data prepared by the Bureau after the date of enactment of this para- accordance with sections 4004, 4005, and of the Census of the Department of Com- graph, the Administrator shall issue a guid- 4006.’’. merce and, in the case of the study described ance document to facilitate small commu- (6) PROCEDURE FOR DEVELOPMENT AND IM- in subparagraph (B)(i), census data prepared nity use of the no migration exemption PLEMENTATION OF STATE PLANS.—Section by the Government of Mexico. under this paragraph. 4006(b) of the Solid Waste Disposal Act (42 (ii) In the case of the study described in ‘‘(6) FURTHER REVISIONS OF GUIDELINES AND U.S.C. 6946(b)) is amended by inserting ‘‘and subparagraph (B)(i), information from the CRITERIA.—Not later than April 9, 1997, the discretionary plan provisions’’ after ‘‘mini- United States Customs Service of the De- Administrator shall promulgate revisions to mum requirements’’. partment of the Treasury concerning solid the guidelines and criteria promulgated (e) GENERAL PROVISIONS.— waste transported across the border between under this subchapter to allow States to pro- (1) BORDER STUDIES.— the United States and Mexico, and the meth- mulgate alternate design, operating, landfill (A) DEFINITIONS.—In this paragraph: od of transportation of the waste. gas monitoring, financial assurance, and clo- (i) ADMINISTRATOR.—The term ‘‘Adminis- (iii) In the case of the study described in sure requirements for landfills which receive trator’’ means the Administrator of the En- subparagraph (B)(i), information concerning 20 tons or less of municipal solid waste per vironmental Protection Agency. the type and volume of materials used in day based on an annual average: Provided (ii) MAQUILADORA.—The term maquiladoras. That such alternate requirements are suffi- ‘‘maquiladora’’ means an industry located in (iv)(I) Immigration data prepared by the cient to protect human health and the envi- Mexico along the border between the United Immigration and Naturalization Service of ronment.’’. States and Mexico. the Department of Justice. S9000 CONGRESSIONAL RECORD — SENATE July 26, 1996 (II) In the case of the study described in (II) includes— assistance from the Peer Review Groups, subparagraph (B)(i), immigration data pre- (i) domestic septage; shall review, on an annual basis, the results pared by the Government of Mexico. (ii) scum or a solid removed in a primary, of prior year expenditures based upon these (v) Information relating to the infrastruc- secondary, or advanced wastewater treat- criteria and submit its findings to the Coun- ture of border land, including an accounting ment process; and cil for its review. of the number of landfills, wastewater treat- (iii) material derived from sewage sludge (v) PUBLIC REVIEW.—Upon completion of ment systems, and solid waste treatment, (as otherwise defined in this clause); but the review of projects to be funded through storage, and disposal facilities. (III) does not include— BPA’s annual fish and wildlife budget, the (vi) A listing of each site in the border re- (i) ash generated during the firing of sew- Peer Review Groups shall submit their find- gion involved where solid waste is treated, age sludge (as otherwise defined in this ings to the Panel. The Panel shall analyze stored, or disposed of. clause) in a sewage sludge incinerator; or the information submitted by the Peer Re- (vii) In the case of the study described in (ii) grit or screenings generated during pre- view Groups and submit recommendations subparagraph (B)(i), a profile of the indus- liminary treatment of domestic sewage in a on project priorities to the Council. The tries in the region of the border between the treatment works. Council shall make the Panel’s findings United States and Mexico. (ii) SLUDGE.—The term ‘‘sludge’’ has the available to the public and subject to public (E) CONSULTATION AND COOPERATION.—In meaning provided in section 1004 of the Solid comment. carrying out this paragraph, the Adminis- Waste Disposal Act (42 U.S.C. 6903). (vi) RESPONSIBILITIES OF THE COUNCIL.—The trator shall consult with the following enti- (B) STUDY.—Not later than 3 years after Council shall fully consider the rec- ties in reviewing study activities: the date of enactment of this act, the admin- ommendations of the Panel when making (i) With respect to reviewing the study de- istrator of the environmental protection final recommendations of projects to be scribed in subparagraph (B)(i), States and po- agency shall conduct a study, and report to funded through BPA’s annual fish and wild- litical subdivisions of States (including mu- congress on the results of the study, to de- life budget, and if the Council does not incor- nicipalities and counties) in the region of the termine— porate a recommendation of the Panel, the border between the United States and Mex- (i) the quantity of sludge (including sewage Council shall explain in writing its reasons ico. sludge) that is being transported across state for not accepting Panel recommendations. In (ii) The heads of other Federal agencies lines; and making its recommendations to BPA, the (including the Secretary of the Interior, the (ii) the ultimate disposition of the trans- Council shall: consider the impact of ocean Secretary of Housing, the Secretary of ported sludge. conditions on fish and wildlife populations; Health and Human Services, the Secretary of and shall determine whether the projects Transportation, and the Secretary of Com- GORTON AMENDMENT NO. 5093 employ cost effective measures to achieve merce) and with respect to reviewing the project objectives. The Council, after consid- study described in subparagraph (B)(i), Mr. GORTON proposed an amend- eration of the recommendations of the Panel equivalent officials of the Government of ment to the bill, S. 1959, supra; as fol- and other appropriate entities shall be re- Mexico. lows: sponsible for making the final recommenda- (F) REPORTS TO CONGRESS.—On completion tions of projects to be funded through BPA’s of the studies under this paragraph, the Ad- On page 36, line 4, strike all of section 504, annual fish and wildlife budget. ministrator shall, not later than 2 years and insert the following: (vii) COST LIMITATION.—The cost of this after the date of enactment of this Act, sub- SEC. 504. Following section 4(g)(3) of the provision shall not exceed $2 million in 1997 mit to the appropriate committees of Con- Northwest Power Planning and Conservation dollars. gress reports that summarize the findings of Act, insert the following new section: (viii) EXPIRATION.—This paragraph shall the studies and propose methods by which (4)(g)(4) INDEPENDENT SCIENTIFIC REVIEW expire on September 30, 2000. solid waste border traffic may be tracked, PANEL.—(i) The Northwest Power Planning from source to destination, on an annual Council (Council) shall appoint an Independ- basis. ent Scientific Review Panel (Panel), which MCCAIN AMENDMENT NO. 5094 (G) BORDER STUDY DELAY.—The conduct of shall be comprised of eleven members, to re- Mr. MCCAIN proposed an amendment the study described in subparagraph (B)(ii) view projects proposed to be funded through shall not delay or otherwise affect comple- that portion of the Bonneville Power Admin- to the bill, S. 1959, supra; as follows: tion of the study described in subparagraph istration’s (BPA) annual fish and wildlife On page 36, line 1, strike all after the word (B)(i). budget that implements the Council’s annual ‘‘this’’ through line 3 and insert in lieu (H) FUNDING.—If any funding needed to fish and wildlife program. Members shall be thereof the following: ‘‘Act.’’ conduct the studies required by this para- appointed from a list submitted by the Na- tional Academy of Sciences, provided that graph is not otherwise available, the presi- MCCAIN (AND OTHERS) Pacific Northwest scientists with expertise dent may transfer to the administrator, for AMENDMENT NO. 5095 use in conducting the studies, any funds that in Columbia River anadromous and non- have been appropriated to the president anadromous fish and wildlife and ocean ex- Mr. MCCAIN (for himself, Mr. under section 533 of the North American perts shall be among those represented on FEINGOLD, Mr. GREGG, Mr. KERRY, and Free Trade Agreement Implementation Act the Panel. Mr. BUMPERS) proposed an amendment (19 U.S.C. 3473) that are in excess of the (ii) SCIENTIFIC PEER REVIEW GROUPS.—The to the bill, S. 1959, supra; as follows: amount needed to carry out that section. Council shall establish Scientific Peer Re- States that wish to participate in study will view Groups (Peer Review Groups), which At the end of the bill, add the following: be asked to contribute to the costs of the shall be comprised of the appropriate number SEC. . ADVANCED LIGHT WATER REACTOR PRO- study. The terms of the cost share shall be of scientists, from a list submitted by the GRAM. negotiated between the Environmental Pro- National Academy of Sciences to assist the None of the funds appropriated or other- tection Agency and the State.’’. Panel in making its recommendations to the wise made available by this Act may be used (2) STUDY OF INTERSTATE HAZARDOUS WASTE Council for projects to be funded through to carry out the advanced light water reac- TRANSPORT.— BPA’s annual fish and wildlife budget, pro- tor program established under subtitle C of (A) DEFINITION OF HAZARDOUS WASTE.—In vided that Pacific Northwest scientists with title XXI of the Energy Policy Act of 1992 (42 this paragraph, the term ‘‘hazardous waste’’ expertise in Columbia River anadromous and U.S.C. 13491 et seq.) or to pay any costs in- has the meaning provided in section 1004 of non-anadromous fish and wildlife and ocean curred in terminating the program. the Solid Waste Disposal Act (42 U.S.C. 6903). experts shall be among those represented on f (B) STUDY.—not later than 3 years after the the Peer Review Groups. date of enactment of this act, the adminis- (iii) CONFLICT OF INTEREST AND COMPENSA- NOTICE OF HEARINGS TION trator of the environmental protection agen- .—Panel and Peer Review Group mem- COMMITTEE ON ENERGY AND NATURAL cy shall conduct a study, and report to con- bers may be compensated and shall be con- RESOURCES gress on the results of the study, to deter- sidered as special government employees mine— subject to 45 CFR 684.10 through 684.22. Mr. MURKOWSKI. Mr. President, I (i) the quantity of hazardous waste that is (iv) PROJECT CRITERIA AND REVIEW.—The would like to announce for the public being transported across state lines; and Peer Review Groups, in conjunction with the that the hearing scheduled before the (ii) the ultimate disposition of the trans- Panel, shall review projects proposed to be full Energy and Natural Resources ported waste. funded through BPA’s annual fish and wild- Committee to receive testimony re- (3) STUDY OF INTERSTATE SLUDGE TRANS- life budget and make recommendations on garding S. 1678, the Department of En- PORT.— matters related to such projects to the Coun- ergy Abolishment Act, has been re- (A) DEFINITIONS.—In this paragraph: cil. Project recommendations shall be based scheduled. The hearing will take place (i) SEWAGE SLUDGE.—The term ‘‘sewage on a determination that projects: are based sludge’’— on sound science principles; benefit fish and on Wednesday, September 4, 1996, at (I) means solid, semisolid, or liquid residue wildlife; and have a clearly defined objective 9:30 a.m., in room SD–366 of the Dirk- generated during the treatment of domestic and outcome with provisions for monitoring sen Senate Office Building in Washing- sewage in a treatment works; and and evaluation of results. The Panel, with ton, DC. July 26, 1996 CONGRESSIONAL RECORD — SENATE S9001 For further information, please call Just as Miami was a pioneer in diver- Whereas concerns about the character Karen Hunsicker, counsel (202) 224–3543 sity a century ago, when its founder training of children have taken on a new or Betty Nevitt, staff assistant at (202) was a woman and one-third of the citi- sense of urgency as violence by and against 224–0765. zens who met to incorporate the city youth threatens the physical and psycho- logical well-being of the Nation; The PRESIDING OFFICER. Without were African-American, today it stands Whereas, more than ever, children need objection, it is so ordered. poised to lead a multicultural America strong and constructive guidance from their f into the next century. families and their communities, including And as the Gateway to Latin Amer- schools, youth organizations, religious insti- AUTHORITY FOR COMMITTEE TO ica and an important center of trade, tutions, and civil groups; MEET Miami will help the United States play Whereas the character of a nation is only as strong as the character of its individual COMMITTEE ON BANKING, HOUSING, AND URBAN an increasingly vital role in the new AFFAIRS citizens; global economy. Miamians will lead us Whereas the public good is advanced when Mr. DOMENICI. Mr. President, I ask as we move to extend ties of trade, cul- young people are taught the importance of unanimous consent that the Commit- ture, and friendship around the world. good character, and that character counts in tee on Banking, Housing, and Urban Miami is a community that has pro- personal relationships, in school, and in the Affairs be authorized to meet during foundly shaped my life. I was born here workplace; the session of the Senate on Friday, almost 60 years ago, attended Hialeah Whereas scholars and educators agree that July 26, 1996, to conduct an oversight Elementary and Junior High, and grad- people do not automatically develop good hearing to review the General Account- character and, therefore, conscientious ef- uated from Miami Senior High School. forts must be made by youth-influencing in- ing Office [GAO] report on the Federal This will always be my home. stitutions and individuals to help young peo- Reserve System. Again, I am delighted to be part of ple develop the essential traits and charac- The PRESIDING OFFICER. Without the centennial celebration for my teristics that comprise good character; objection, it is so ordered. hometown. I join my Senate colleagues Whereas character development is, first f and all Floridians in wishing Miami a and foremost, an obligation of families, ef- very happy 100th birthday.∑ forts by faith communities, schools, and ADDITIONAL STATEMENTS youth, civic, and human service organiza- f tions also play a very important role in sup- ORDER FOR RECORD TO REMAIN porting family efforts by fostering and pro- CELEBRATION OF MIAMI’S 100TH OPEN UNTIL 3 P.M. moting good character; BIRTHDAY Whereas the Senate encourages students, Mr. DOMENICI. Mr. President, I ask teachers, parents, youth, and community ∑ Mr. GRAHAM, Mr. President, it is a unanimous consent that the RECORD re- leaders to recognize leaders to recognize the very special pleasure for me to join main open until 3 p.m. today in order valuable role our youth play in the present with my Senate colleagues and the that Senators may introduce bills, sub- and future of our Nation, and to recognized State of Florida in wishing the city of mit statements and committees to file that character is an important part of that Miami a very happy birthday. On Sun- reported legislation. future; Whereas, in July 1992, the Aspen Declara- day, July 28, 1996, Miami will turn 100 The PRESIDING OFFICER. Without years old. tion was written by an eminent group of edu- objection, it is so ordered. cators, youth leaders, and ethics scholars for I am often staggered when I ponder f the purpose of articulating a coherent frame- how much the Greater Miami area has work for character education appropriate to changed in the last century. NATIONAL CHARACTER COUNTS a diverse and pluralistic society; One hundred years ago, when Julia WEEK Whereas the Aspen Declaration states that Tuttle, the mother of Miami, was badg- Mr. DOMENICI. Mr. President, I ask ‘‘Effective character education is based on ering Henry Flagler to extend his rail- unanimous consent that the Senate core ethical values which form the founda- road line south of Palm Beach, Miami tion of democracy society’’; proceed to the immediate consider- Whereas the core ethical values identified had one city street, several ation of Calendar No. 435, Senate Reso- by the Aspen Declaration constitute the six uncompleted stores, a hotel under con- lution 226. core elements of character; struction, and approximately 300 resi- The PRESIDING OFFICER. The Whereas the six core elements of character dents. clerk will report. are trustworthiness, respect, responsibility, Flagler was unconvinced. But after The assistant legislative clerk read justice and fairness, caring, civic virtue, and scores of Mrs. Tuttle’s letters, an offer- as follows: citizenship; ing of half of her land, and a cold snap Whereas the six core elements of character A resolution (S. Res. 226) to proclaim the transcend cultural, religious, and socio- that brought freezing temperatures to week of October 13 through October 19, 1996, economic differences; Florida but left Dade County un- as ‘‘National Character Counts Week.’’ Whereas the Aspen Declaration states that touched, he was persuaded to extend The PRESIDING OFFICER. Is there ‘‘The character and conduct of our youth re- his railroad, construct the Royal Palm objection to the immediate consider- flect the character and conduct of society; Hotel, lay out the city streets, and ation of the resolution? therefore, every adult has the responsibility build Miami’s water, power, and medi- There being no objection, the Senate to reach and model the core ethical values and every social institution has the respon- cal facilities. proceeded to consider the resolution. In many ways, Miami today barely sibility to promote the development of good Mr. DOMENICI. Mr. President, I ask character.’’; resembles the community that it was unanimous consent that the resolution Whereas the Senate encourages individuals in 1896. A tiny city has been replaced be agreed to, the preamble be agreed and organizations, especially those who have by an exploding metropolis. 300 resi- to, the motion to reconsider be laid an interest in the education and training of dents have become over 2 million. upon the table, and any statements re- our youth, to adopt the six core elements of A place that almost didn’t receive lating to the resolution appear at the character as intrinsic to the well-being of in- dividuals, communities, and society as a the private investment needed to build appropriate place in the RECORD. a railroad or town stores, is now one of whole; and The PRESIDING OFFICER. Without Whereas the Senate encourages commu- the nation’s most important transpor- objection, it is so ordered. nities, especially schools and youth organi- tation and commercial centers. The preamble was agreed to. zations, to integrate the six core elements of Each year, over 13 million visitors The resolution (S. Res. 226) was character into programs serving students come to the Greater Miami area to agreed to. and children: Now, therefore, be it visit South Beach, Coconut Grove, Key The resolution, with its preamble, is Resolved, That the Senate proclaims the Biscayne, Joe Robbie Stadium, Gulf- as follows: week of October 13 through October 19, 1996, as National Character Counts Week, and re- stream Park, and the many other at- S. RES. 226 tractions that give Miami its youthful quests the President to issue a proclamation Whereas young people will be the stewards calling upon the people of the United States vibrance. of our communities, Nation, and world in and interested groups to embrace the six But in some fundamental ways, critical times, and the present and future core elements of character and to observe Miami has not changed. Its pioneering well-being of our society requires an in- the week with appropriate ceremonies and spirit has thrived for the last 100 years. volved, caring citizenry with good character; activities. S9002 CONGRESSIONAL RECORD — SENATE July 26, 1996 EXECUTIVE SESSION the National Endowment for the Arts Senate resolutions urging the Presi- and the National Endowment for the dent to negotiate such a measure. Humanities, which he helped create in Those resolutions and a draft treaty EXECUTIVE CALENDAR 1965. that Senator PELL proposed in 1969 led Mr. DOMENICI. Mr. President, I ask Champion of international environ- first to the Seabed Arms Control Trea- unanimous consent that the Senate mental concerns and nuclear disar- ty, prohibiting nuclear weapons and proceed to executive session to con- mament treaties, crusader for human other weapons of mass destruction sider the following nominations on the rights, primary sponsor of legislation from the ocean floor, ratified by the Executive Calendar: Nos. 560, 682, 683, to assist the handicapped, originator of Senate in 1972. 684, 685, and all nominations on the the High-Speed Ground Transportation The Law of the Sea Convention Secretary’s desk in the Foreign Serv- Act; his vision has helped transform would not be opened for signatures for ice. this country he loves in so many tan- 10 more years until 1982. Senator Mr. President, might I inquire, are gible ways. But in light of his pending PELL’s long efforts in this regard are reflected in the achievements con- any of those numbered nominations nomination, it is appropriate to speak tained in the Convention which codi- the OMB Director? of CLAIBORNE PELL’s first real job. fies, among other things, freedom of I have just found out who they are. In the spring and summer of 1945, navigation rights, and the exclusive The OMB Director is not here. millions of us left military service. use of marine resources by countries I further ask unanimous consent that Most of us went back, as I did, to the within 200 miles of their shores. the nominations be confirmed en bloc, schooling or jobs we had left to fight CLAIBORNE PELL is a Senator for the the motions to reconsider be laid upon for our country. CLAIBORNE PELL did something a little different. He helped ages. We in the Senate shall miss him. the table, the President be imme- He will no doubt serve with distinction diately notified of the Senate’s action, change the world. In June 1945, he went to San Fran- as the United States Representative to and the Senate then return to legisla- the 51st session of the United Nations tive session. cisco as a member of the International Secretariat of the U.N. Conference on General Assembly. I congratulate Sen- The PRESIDING OFFICER. Without ator PELL for his numerous achieve- objection, it is so ordered. International Organization, the con- ference that drafted the U.N. Charter. ments and wish him well in his future The nominations were considered and endeavors. confirmed, en bloc, as follows: In all, 282 delegates representing 50 countries took part in drafting the f THE JUDICIARY U.N. Charter, though the bulk of the LEGISLATIVE SESSION Robert E. Morin, of the District of Colum- work was accomplished by the 1,058 bia, to be an Associate Judge of the Superior The PRESIDING OFFICER. Under persons working for the International Court of the District of Columbia for the the previous order, the Senate will now Secretariat. He may be the only gov- term of fifteen years, vice Curtis E. von return to legislative session. ernment official of those participating Kann, retired. f DEPARTMENT OF STATE in the organizational conference who is still in public office anywhere on this Rod Grams, of Minnesota, to be a Rep- AUTHORIZING PRODUCTION OF resentative of the United States of America planet—young CLAIBORNE PELL on as- RECORDS to the 51st Session of the General Assembly signment from his beloved Coast Mr. DOMENICI. Mr. President, I ask of the United Nations. Guard. unanimous consent that the Senate Claiborne deB. Pell, of Rhode Island, to be As Assistant Secretary of Conference proceed to the immediate consider- a Representative of the United States of III, the Enforcement Arrangements ation of a Senate resolution submitted America to the 51st Session of the General Committee, he helped draft articles 43, Assembly of the United Nations. earlier today by Senators LOTT and 44, and 45 of the United Nations Char- DASCHLE. Alan Philip Larson, of Virginia, a Career ter that gave the Security Council the Member of the Senior Foreign Service, Class The PRESIDING OFFICER. The of Minister-Counselor, to be an Assistant right to take military action to pre- clerk will report. Secretary of State. vent aggression. The assistant legislative clerk read Jeffrey Davidow, of Virginia, a Career He collected the ballots at the vote as follows: Member of the Senior Foreign Service, Class to confirm the Charter. And to this day A resolution (S. Res. 284) to authorize the of Minister-Counselor, to be an Assistant he is never caught without a copy of production of records by the Permanent Sub- Secretary of State. the Charter in his pocket. We in the committee on Investigations. IN THE FOREIGN SERVICE Senate are honored to have the beloved The PRESIDING OFFICER. Is there Foreign Service nominations beginning former chairman of the Senate Foreign objection to the immediate consider- Paul P. Blackburn, and ending Veda B. Wil- Relations Committee, CLAIBORNE PELL, ation of the resolution? son, which nominations were received by the counted among those who were present There being no objection, the Senate Senate and appeared in the CONGRESSIONAL at the creation of the Charter. proceeded to consider the resolution. RECORD of June 26, 1996. He has lived the promise of the Unit- Mr. LOTT. Mr. President, the Perma- Mr. MOYNIHAN. Mr. President, ed Nations Charter for 51 years—on nent Subcommittee on Investigations today the Senate will confirm the nom- State Department assignment in East- has received a request from the court- ination of our dear colleague, CLAI- ern Europe during the harshest early appointed monitor of the Hotel Em- BORNE PELL, as the U.S. representative days of the cold war; and as a private ployees and Restaurant Employees to the 51st session of the U.N. General citizen organizing the rescue of over International Union [HEREIU] for cop- Assembly. Senator PELL’s career and 100,000 Hungarian refugees after the be- ies of subcommittee records relevant accomplishments were what the Fram- trayal of the 1956 revolution against to the monitor’s oversight of a consent ers of the Constitution probably had in Soviet rule. In his efforts to enhance decree between the union and the U.S. mind when they created the position of environmental protection, he is one of Government. The consent decree en- U.S. Senator. the few persons—the only United joins members of the HEREIU from For 36 years CLAIBORNE PELL has States Senator—who attended both the violating the Racketeer Influenced and graced the United States Senate, pro- 1992 United Nations Conference on En- Corrupt Organizations Act [RICO] or viding thoughtful leadership on an ex- vironment and Development [UNCED] associating with organized crime fig- ceptional range of issues. in Rio, and its predecessor, the 1972 ures. Millions of Americans have been able Conference on the Human Environment Mr. President, the chairman and vice to attend college because of his his- in Stockholm. chairman of the Permanent Sub- toric role in creating the program He has championed the adoption of committee on Investigations believe which the Congress, in an unprece- an international legal regime for the that granting the monitor’s request dented honor for a sitting Senator, peaceful use of the seas. As such he has would serve the ends of justice. This named Pell grants in 1980. participated in the creation of the Law resolution would authorize them, act- Thousands of American communities of the Sea Convention. Beginning on ing jointly, to provide subcommittee have been immeasurably enriched by September 29, 1967 he introduced three records in response to this request. July 26, 1996 CONGRESSIONAL RECORD — SENATE S9003

Mr. DOMENICI. Mr. President, I ask bill and remain on it for amendments put a statement in the RECORD at that unanimous consent that the resolution until the hour of 5 o’clock. time. It is, I think, an important be agreed to, the preamble be agreed Mr. President, I further ask unani- amendment and statement, a sense-of- to, the motion to reconsider be laid mous consent that at the hour of 12 the-Senate resolution, because it deals upon the table, and any statement re- noon on Monday, the Senate conduct a with the necessity to bring to justice lating to the resolution appear at the period for morning business, with the those who have been indicted by the appropriate place in the RECORD. time between 12 noon and 1 p.m. under International Criminal Tribunal from The PRESIDING OFFICER. Without the control of the Democratic leader; the former Yugoslavia, which is meet- objection, it is so ordered. from 1 p.m. to 2 p.m. under the control ing now in The Hague, to bring them to The preamble was agreed to. of Senator COVERDELL from the State justice because they, as the tribunal The resolution (S. Res. 284) was of Georgia. has said, are perpetrators of gross vio- agreed to. The PRESIDING OFFICER. Without lations of international law. The resolution, with its preamble, is objection, it is so ordered. Mr. President, I was stimulated in as follows: f my desire to say just a few words to my S. RES. 284 colleagues here before we leave for the Whereas, the court-appointed monitor of PROGRAM weekend about this by an interview the Hotel Employees and Restaurant Em- Mr. DOMENICI. Mr. President, for that was in the New York Times this ployees International Union (HEREIU) has the information of all Senators, on morning with Antonio Cassese, an Ital- requested that the Permanent Subcommit- Monday at 9:30, the Senate will resume ian law professor who is the president tee on Investigations provide him with cop- the energy and water appropriations of the International Criminal Tribunal. ies of subcommittee records relevant to the bill. An agreement was reached limit- The article begins: monitor’s oversight of a consent decree en- The Italian law professor who is president joining members of the HEREIU for violat- ing the first-degree amendments in order and provides all first-degree of the War Crimes Tribunal here is known ing the Racketeer Influenced and Corrupt for his cheerful nature, his expertise in inter- Organizations Act (RICO) or knowingly asso- amendments must be offered during national law and his even temper. So his ciating with organized crime figures; the session of the Senate on Monday. public outburst in a quiet hall here the other Whereas, by the privileges of the Senate of At 12 noon, the Senate will conduct 2 day was all the more shocking. the United States and Rule XI of the Stand- hours of morning business, and at the ‘‘Go ahead! Kill, torture, maim! Commit ing Rules of the Senate, no evidence under hour of 2 p.m. will resume the energy acts of genocide!’’ said Antonio Cassese, the control or in the possession of the Senate president of the tribunal, his voice rising, can, by administrative or judicial process, be and water appropriations bill. At ap- proximately 5 p.m., the Senate will re- ‘‘You may enjoy impunity!’’ taken from such control or possession but by This, he said, was the message that would permission of the Senate; turn to the consideration of the legisla- go ‘‘to military leaders and all dictators’’ if Whereas, when it appears that documents, tive branch appropriations bill under a the Bosnian Serb leaders indicted for atroc- papers, and records under the control or in similar consent, in that all first-degree ities in the Bosnian war were not brought be- the possession of the Senate may promote amendments would have to be offered fore the tribunal. the administration of justice, the Senate will during the session of the Senate on Mr. President, thanks to my col- take such action as will promote the ends of Monday. justice consistently with the privileges of leagues, the Senate has now spoken the Senate: Now, therefore, be it Any votes ordered with respect to the clearly on this issue. I was honored to Resolved, That the Chairman and Vice two appropriations bills will be stacked be joined by Senators LUGAR, BIDEN, Chairman of the Permanent Subcommittee to begin at 10 a.m. on Tuesday on a SPECTER, FEINSTEIN, MOYNIHAN, HATCH, on Investigations, acting jointly, are author- case-by-case basis. Therefore, votes LEVIN, and D’AMATO, a wonderfully bi- ized to provide to the court-appointed mon- will not occur during Monday’s session partisan group, as cosponsors of this itor of HEREIU copies of memoranda and of the Senate, and the next votes will amendment. transcripts of interviews conducted by Sub- begin at 10 a.m. on Tuesday. The Sen- The point is this, as we state in the committee staff that the monitor has re- ate can be expected to be in session quested for use in connection with the mon- findings of this resolution: The United itor’s oversight of the consent decree. late into the evening each day next Nations did create this International week in order to consider available ap- f Tribunal. A Security Council resolu- propriations bills and conference re- tion was adopted on May 25, 1993, early ORDERS FOR MONDAY, JULY 29, ports as they become available. in this horrific episode, which requires 1996 f states to cooperate fully with the tri- Mr. DOMENICI. Mr. President, I ask bunal. The signatories to the Dayton ORDER FOR ADJOURNMENT unanimous consent that when the Sen- peace accord, signed December 14, 1995, ate completes its business today, it Mr. DOMENICI. Mr. President, if have accepted, in article IX of that ac- stand in adjournment until the hour of there is no further business to come be- cord, the obligation ‘‘to cooperate in 9:30 a.m. on Monday, July 29; further, fore the Senate, I ask unanimous con- the investigation and prosecution of that immediately following the prayer, sent that the Senate stand in adjourn- war crimes and other violations of the Journal of proceedings be deemed ment under the previous order follow- internationally humanitarian law.’’ approved to date, the morning hour be ing the remarks of Senator LIEBERMAN. This means all the signatories of the deemed to have expired, and the time The PRESIDING OFFICER. Without accord, including Serbia, Bosnia, Cro- for the two leaders be reserved for their objection, it is so ordered. atia, and the Republika Srpska. use later in the day, and the Senate Mr. LIEBERMAN. I thank my friend In fact, the Constitution of Bosnia immediately resume consideration of from New Mexico. I appreciate his and Herzegovina, which was accepted the energy and water appropriations kindness and courtesy and wish him a as annex 4 to the Dayton peace accord, bill under a previous consent agree- good weekend. provides in article IX that— ment. f No person who is serving a sentence im- The PRESIDING OFFICER. Without posed by the International Tribunal for the former Yugoslavia, and no person who is objection, it is so ordered. WAR CRIMES IN THE FORMER YUGOSLAVIA under indictment by the tribunal and who Mr. DOMENICI. Mr. President, I will has failed to comply with an order to appear comment here for those Senators who Mr. LIEBERMAN. Mr. President, I before the tribunal, may stand as a can- want to offer amendments that are rise as in morning business, and thank didate or hold any appointive, elective, or contained on the list heretofore agreed the Chair very much, to say just a few other public office in Bosnia and to, we will start that process at 9:30 in words about an amendment to the for- Herzegovina. the morning. As I understand, we will eign operations appropriations bill that The tribunal has now issued 57 in- proceed with that process until 12 was adopted earlier today, an amend- dictments against individuals. It con- o’clock. From 12 to 2, there will be ment which I was privileged to offer tinues to investigate gross violations other business before the Senate. At 2 with a distinguished list of colleagues. of international laws. Specifically, on o’clock, we will return to the matter of It was accepted by agreement last July 25, 1995, almost 1 year ago to the the energy and water appropriations night without debate, although I did day, the tribunal issued an indictment S9004 CONGRESSIONAL RECORD — SENATE July 26, 1996 of Radovan Karadzic, President of the large. Just a few weeks ago, on July 11, Third, it is the sense of the Senate Bosnian Serb administration of Pale 1996, the International Criminal Tribu- that the President of the United States and Ratko Mladic, commander of the nal actually issued international arrest should support the request of the Presi- Bosnian Serb administration, and warrants for Karadzic and Mladic. dent of the International Criminal Tri- charged them with genocide, with The fact is—and we have heard this bunal for the former Yugoslavia to re- crimes against humanity. from all parties there in Bosnia; and it impose full economic sanctions on Ser- This was no opposition politician is just common sense as we move for- bia and Montenegro and the Republika standing up and making a charge. This ward to the elections there on Septem- Srpska in accordance with the relevant was an international tribunal which, ber 14 of this year, which we hope will U.N. Security Council resolution, if having heard evidence, charged them be the next step in rebuilding this Serbia and Montenegro and the with genocide, crimes against human- country in going back to some form of Bosnian Serb authorities have not ity, violations of the law or customs of cooperation among the various peoples complied with their obligations under war and grave breaches of the Geneva there—these elections could not go on the relevant agreements and resolu- Conventions. All of these charges arise with any credibility were these war tions to cooperate fully with the Inter- from atrocities perpetrated, not criminals at large and, in Karadzic’s national Criminal Tribunal. against soldiers, but against the civil- case, actually running a political Finally, it is the sense of the Senate ian population throughout Bosnia and party, perhaps even at one point think- that all the States in the former Yugo- Herzegovina, as we remember from ing about running for office himself. slavia should not be admitted to inter- those painful, frustrating and infuriat- So now, thanks to Ambassador national organizations until and unless ing pictures, and including the taking Holbrooke, we have Karadzic out of po- they have complied with their obliga- of U.N. peacekeepers as hostages for litical office and out of political leader- tions under the Dayton peace agree- their use as human shields. ship. But the truth is, he should be out ment and the relevant U.N. Security On November 16, 1995, Karadzic and of that country. He should be taken to Council resolutions. Mladic were indicted a second time by The Hague for trial, to be brought to The Senate has said clearly in this the International Tribunal, this time justice. resolution now adopted as part of the charged with genocide for the killing of That is exactly the intention of the foreign operations appropriations bill up to 6,000 Moslems in Srebrenica, resolution that the Senate has now that while we take some comfort and Bosnia, in July 1995. adopted, accepting the principle that we have some appreciation for Ambas- The U.N. Security Council, in adopt- the human, but also the practical, prin- sador Holbrooke for the statement that ing its own resolution 1022 in November ciple of the apprehension and prosecu- Karadzic has made that he is removing of last year, decided that economic tion of indicted war criminals—these himself from politics, this is a small sanctions on Yugoslavia and Srpska two and all others—is essential for step toward what should be done. We would be reimposed if at any time the peace and reconciliation to be achieved are not leaving the field here. We have High Representative, Carl Bildt, or the and for democracy to be established stated here quite clearly that we will IFOR commander, soon to be, perhaps throughout Bosnia and Herzegovina. not redeem our investment in the end already, Admiral Lopez, informs the Mr. President, we have sent 20,000 of this war and the reconstruction of Security Council that either of these American soldiers to be part of the im- Bosnia until we settle the moral ac- two Governments, Serbia or the plementation force, the IFOR, that has counts here, and bring those who have Bosnian Serb Republika Srpska, have performed magnificently in separating been indicted by this very legitimate failed to meet their obligations under the warring parties and creating a International Criminal Tribunal to jus- the peace agreement. sense of stability. We have spent a lot tice. Until that happens, we cannot The fact is that these two entities of money in doing that and put some of rest. Until that happens, there will not have failed to arrest and turn over for our finest men and women in uniform be a genuine hope of reconnecting and prosecution indicted war criminals, in- on the line as part of that process. rebuilding this war-torn country. Mr. GORTON. Will the Senator yield? cluding Karadzic and Mladic. We know But unless we remove these indicted Mr. LIEBERMAN. I am happy to war criminals, the prospects of redeem- where they are, particularly Karadzic. yield to the Senator. A while ago one of these two went to ing the investment of courage and Mr. GORTON. Mr. President, I had Belgrade for a funeral. Authorities in bounty that we have made in avoiding the privilege of listening to most of the Serbia knew that he was there. Noth- broader conflict and ethnic partition in remarks of the Senator from Connecti- ing was done to apprehend this indicted Bosnia will be for naught, because the cut, and I simply wanted to express my war criminal. end result, when our troops pull out, agreement with his views and say on Last week, again, in an extraor- will be that we will have divided camps this occasion how much I admire his dinary act of public service and diplo- again, with no trust, not even the dedication to the administration of jus- matic skill, Ambassador Richard minimal elements of trust. So long as tice, both here at home but, particu- Holbrooke convinced Slobodan these indicted criminals are walking larly in this connection. Milosevic, the President of Serbia—for around flaunting their freedom, that I can remember even in previous Con- fear of having the reimposition of eco- trust will not be possible, that trust gresses his frustration, our frustration, nomic sanctions against his country— that is necessary to rebuild a civil soci- over the way in which we conducted to use his power to take Karadzic out ety within Bosnia. our relationships with Bosnia and the of power, to take him out of the leader- So this resolution said very clearly, tragedy that has continued there for so ship of the Serbian Democratic Party, and I am very grateful to my col- many years. His position on this reso- and to remove any chance that he leagues for supporting it, that it is the lution, coming through this morning’s would be a candidate for office in the sense of the Senate that the Inter- foreign operations appropriations bill I elections. national Criminal Tribunal merits the think greatly strengthens it and I be- It is startling, when you think about continued and increased U.S. support lieve the other Members of the Senate it. It is as if at the end of the Second for its efforts to investigate and bring and the people of the country owe him World War some leaders of the coun- to justice the perpetrators of these a debt of thanks for his dedication to tries that we fought in the Second gross violations of international law. this cause. World War remained in their countries Second, it is the sense of the Senate Mr. LIEBERMAN. Mr. President, I and ran in the first postwar elections. that the signatories of the peace agree- thank my friend from Washington very It would have so infuriated the public ment and those nations and organiza- much for the very gracious words that here, understandably, that we probably tions participating in the Dayton peace mean all the more to me because they would have done what we are asking agreement and the relevant mandates come from him who I first met in our here, which is to arrest them and bring of the United Nations and Security shared service as attorneys general of them to justice. Council must continue to make it an our respective States. But Ambassador Holbrooke did take urgent priority to bring to justice per- The rule of law is the rule of law. It a step forward. Unfortunately, though, sons indicted by the International is what separates civilized from uncivi- these two war criminals remain at Criminal Tribunal. lized people. It is true not just here for July 26, 1996 CONGRESSIONAL RECORD — SENATE S9005 us but in countries around the world, stand in adjournment until 9:30 Mon- ALAN PHILIP LARSON, OF VIRGINIA, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- and insofar as we fail to bring to jus- day morning. ISTER-COUNSELOR, TO BE AN ASSISTANT SECRETARY OF tice indicted criminals in an inter- Thereupon, the Senate, at 2:04 p.m., STATE. adjourned until Monday, July 29, 1996, JEFFREY DAVIDOW, OF VIRGINIA, A CAREER MEMBER national situation like this, it is no OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- better than if we failed to bring to jus- at 9:30 a.m. COUNSELOR, TO BE AN ASSISTANT SECRETARY OF tice murderers and rapists here in our f STATE. own communities in the United States. CONFIRMATION The above nominations were ap- But I mostly just thank my friend from proved subject to the nominees’ com- Washington for his kind words and also Executive Nominations Confirmed by for his consistent and very important the Senate July 26, 1996: mitment to respond to requests to ap- support of this effort to make sure that THE JUDICIARY pear and testify before any duly con- there is both peace and justice in ROBERT E. MORIN, OF THE DISTRICT OF COLUMBIA, TO stituted committee of the Senate. BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF Bosnia, since without justice there will THE DISTRICT OF COLUMBIA FOR THE TERM OF 15 FOREIGN SERVICE ultimately never be peace. YEARS. FOREIGN SERVICE NOMINATIONS BEGINNING PAUL P. I thank the Chair. I yield the floor. DEPARTMENT OF STATE BLACKBURN, AND ENDING VEDA B. WILSON, WHICH NOMI- f ROD GRAMS, OF MINNESOTA TO BE A REPRESENTA- NATIONS WERE RECEIVED BY THE SENATE AND AP- TIVE OF THE UNITED STATES OF AMERICA TO THE 51ST PEARED IN THE CONGRESSIONAL RECORD ON JUNE 26, ADJOURNMENT UNTIL 9:30 A.M. SESSION OF THE GENERAL ASSEMBLY OF THE UNITED 1996. NATIONS. MONDAY, JULY 29, 1996 CLAIBORNE DEB. PELL, OF RHODE ISLAND, TO BE A REPRESENTATIVE OF THE UNITED STATES OF AMERICA The PRESIDING OFFICER. Under TO THE 51ST SESSION OF THE GENERAL ASSEMBLY OF the previous order, the Senate will THE UNITED NATIONS. July 26, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1385 EXTENSIONS OF REMARKS

AMERICAN INTERESTS, USE OF more serious thinking about our security in- end of the Cold War has ‘‘radically trans- FORCE IN THE POST-COLD WAR terests is overdue. formed the security environment.’’ While it WORLD In and of itself, the dramatic reduction is true that Red Army divisions no longer that the U.S. military has undergone in the face NATO across a West German border last decade ought to be sufficient reason to that no longer exists, what is perhaps most HON. TILLIE K. FOWLER compel us to do a better job of establishing noteworthy about the post-Cold War world is OF FLORIDA priorities. ‘‘Doing more with less’’ is an ac- the remarkable continuity of American secu- curate description of the U.S. military over IN THE HOUSE OF REPRESENTATIVES rity interests. the past several years, but it is a slogan, not Treating the Cold War conflict as a radical Friday, July 26, 1996 a plan, and a recipe for eventual failure. One aberration in the history of international Mrs. FOWLER. Mr. Speaker, in the post- certain constant of a post-Cold War world is politics quickly leads to dangerous assump- that American might and global presence tions about the desired ends and means of cold war world, one of the most pressing is- will remain central to the promotion and U.S. national security policy in the post- sues that faces this Nation is determining protection of our interests and will, simi- Cold War world. Why did we consider the So- where our Nation's true security interests lie. larly, play an instrumental role in shaping viet Union a threat? For three fundamental There has been a dearth of real debate on and sustaining an international order that is reasons: their massive nuclear arsenal could this topic, and U.S. defense policy and foreign consistent with these interests. destroy the American homeland in a matter policy sometimes seem to be on auto-pilot, in In the immediate chaotic aftermath of the of minutes; their large conventional forces spite of the fact that the current administration Cold War’s end, the implosion of the Soviet endangered the broader balances of power in is deploying our defense forces around the empire, the reunification of Germany, and Europe, East Asia, and the energy-producing the conduct of the Gulf War were the central regions of the Middle East; and their spon- globe with some regularity to address various security preoccupations of the Bush adminis- sorship of destabilizing political movements concerns. tration. While the Bush administration’s in the Third World threatened to undermine I strongly believe that we can no longer af- ‘‘New World Order’’ represented a rhetorical the foundations of the international state ford this kind of a policy vacuum, and that we embrace of the impending international un- system. must undertake a comprehensive review of certainty, in practice, the administration’s Today, American security interests and our national security status in order to fill it. I employment of American military power strategic objections have changed very lit- recently read an article by my National Secu- nonetheless reflected a cautious, measured tle, except that rather than facing the same approach toward the use of force. adversary in every theater, we now confront rity Committee chairman, Mr. SPENSE, in the ‘‘Cautious’’ and ‘‘measured’’ do not charac- multiple antagonists driven less often by Brown Journal of World Affairs, which echoed terize the Clinton administration’s evolving ideology than by deeply felt national, ethnic, my concerns and contained some excellent approach to the use of American military and religious hatreds. And our tasks remain commonsense suggestions. I would like to ask force. The current national security strategy constant. As essayist Charles Krauthammer for unanimous consent to include it in the of engagement and enlargement seems more recently testified to the National Security RECORD following my remarks. a prescription for solving the world’s prob- Committee, ‘‘The role of the United States is lems, without discriminating between those WHAT TO FIGHT FOR? AMERICAN INTERESTS to be the ultimate balancer of power in the problems that affect the United States and AND THE USE OF FORCE IN THE POST-COLD world, and to intervene when a regional bal- those that do not. President Clinton sees vir- WAR WORLD ance has been catastrophically overthrown tually limitless opportunities to use the and global stability threatened.’’ (By Floyd D. Spence) smaller U.S. military in an untraditional Protection and promotion of U.S. security Last fall, the House National Security and quixotic manner ‘‘to construct global in- interests in the post-Cold War world will re- Committee held a series of hearings explor- stitutions.’’ Where previous administrations quire as much effort, and arguably more, as ing the issue of American troops being de- have used force to advance American na- before the Berlin Wall crumbled. There is no ployed to Bosnia. Yet, even while the com- tional security interests, the current admin- single, overwhelming threat, as was the case mittee immersed itself in the particulars of istration seeks to secure ‘‘the ideals and hab- with the former Soviet Union, that will serve the Balkan crisis, there was a more pro- its of democracy’’ with little regard for as the central planning factor in addressing found, overarching issue that remained where, how, or at what cost. The deployment questions of national interest, the use of unaddressed: in the post-Cold War World, of more than 23,000 soldiers and Marines to force, and the linkage between the two. But what U.S. interests justify the use of Amer- Haiti, costing more than $1 billion in even if the monolithic global threat of So- ican military force? unbudgeted funds, is a perfect example. viet military aggression and communist ide- In this context, the debate over Bosnia was The result, as Michael Mandelbaum con- ology has dissipated, global questions en- joined too late and ended too quickly. In- cluded in a recent article in Foreign Affairs, dure. If American policymakers hope to find deed, Americans have studiously avoided has been ‘‘foreign policy as social work.’’ answers relevant to today’s environment, confronting the issue of the relationship be- Mandelbaum, who served as one of President they need to begin by taking at least three tween national interests and the use of mili- Clinton’s early policy advisors, observed that steps. tary force, and for good reason. It is a com- where previous administrations had been First, policymakers must realize that the plex and difficult issue, and one that five concerned with the ‘‘the powerful and poten- United States cannot afford to take its stra- decades of Cold War containment policy ob- tially dangerous members of the inter- tegic alliances for granted. Indeed, the lack scured. This nation simply has not com- national community, which constitute its of a clear and present Soviet threat has al- prehensively addressed the most basic ques- core,’’ the Clinton administration has paid ready revealed the fragility of the alliances tion about what interests are worth fighting more attention to ‘‘the international periph- that this nation relies upon, in large part to and dying for since the early 1950s. ery.’’ protect its regional interests and promote Much of this inertia is a natural result of In fact, by repeatedly deploying U.S. regional stability. One of the more serious almost fifty years of preoccupation with the armed forces to ‘‘the international periph- lessons of the Bosnia conflict is that NATO Cold War. The timing of the Soviet empire’s ery,’’ the Clinton administration has strayed will not go where America does not lead it, collapse was so sudden that is has left Amer- further even than Madelbaum suggests. It is and that an alliance constructed to contain ican policymakers somewhat stunned. While one thing to divert national attention to the Soviet Union cannot be reworked over- we were successfully waging the Cold War, matters of peripheral strategic importance; night to do things it was never designed to policymakers never planned for victory, es- it is quite another to employ American mili- do. But alliance leadership, while necessary, pecially one so complete. tary might repeatedly and put national pres- is not sufficient; wise leadership is essential. Still, it has been more than six years since tige at risk where true security interests are In Bosnia, the Clinton administration is the Berlin Wall came down. One has only to not involved. In a world where the United leading NATO in pursuit of what a majority reflect on the number and variety of major States remains the only superpower, con- of Americans see as a peripheral national in- operations conducted by the U.S. military ducting national security policy as social terest. since 1989—Panama, the Gulf War, Somalia, work is a grave mistake. Security policy Second, we must be measured in the appli- Haiti, the enforcement of the no-fly zones must always remain focused on the powerful cation of military force. This does not mean over northern and southern Iraq and Bosnia, ‘‘core’’ of the international community. employing the minimal force necessary to and now the commitment of 25,000 U.S. The administration’s national security pol- accomplish a mission. Such false economies ground troops to Bosnia—to recognize that icy seems premised upon the idea that the lose wars and kill soldiers. Rather, it means

∑ 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. E1386 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 1996 maintaining a parsimonious attitude— HONORING TINA HANONU consideration the bill (H.R. 3814) making ap- grounded in a realist’s appreciation of na- propriations for the Departments of Com- tional interests—about how and where the merce, Justice, and State, the Judiciary, and U.S. military should be employed. America’s HON. VERNON J. EHLERS related agencies for the fiscal year ending shrinking armed forces must remain the pre- OF MICHIGAN September 30, 1997, and for other purposes: eminent tool of U.S. international diplomacy IN THE HOUSE OF REPRESENTATIVES Mr. GUTKNECHT. Mr. Chairman, I rise in times of peace and the ultimate arbiter in Friday, July 26, 1996 today to offer my support for the amendment times of war. Thus, their capabilities and re- offered by the gentleman from Florida [Mr. Mr. EHLERS. Mr. Speaker, I rise today to sources should not be expended on the inter- DEUTSCH]. This national training initiative is a national periphery. recognize and honor Tina Hanonu, a 12-year good next step in our continuing efforts to pro- employee of the U.S. House of Representa- tect communities all across our Nation. And finally, here at home, we must pre- tives, who recently served as a staffer with serve properly sized and shaped military Dealing responsibly and effectively with Representative SHERWOOD BOEHLERT of the cases of missing and exploited children is an forces in anticipation of continued chal- 23d District of New York and as the volunteer immense undertaking, and we here in Con- lenges to our security interests. A shrinking president of the House System Administrators military establishment, devoted to a growing gress should strive to assist our law enforce- Association. number of peacekeeping and humanitarian ment officials to the best of our abilities. Tina began her career on the Hill in 1984. operations, will not be able to respond to Whether we offer guidelines for community no- She served as an advisor and consultant to more ominous challenges to U.S. interests or tification systems, Federal tracking plans, or Representative CONNIE MORELLA and went on threats to regional and international stabil- now Federal training programs, our end goal to become a senior systems administrator for ity. If history is any guide, it is only a mat- is always public protection. But a coordinated Representative BOEHLERT. She recently ad- ter of time before such broad challenges and professional response by law enforcement vanced her career in the House of Represent- emerge. As Donald Kagan concludes in his officials from all over the country will help en- atives, from that of a systems administrator, to epic survey, On the Origins of War and the sure quick and decisive action if such horrific become a senior technical representative for Preservation of Peace, ‘‘The current condi- cases occur. House Information Resources. tion of the world * * * where war among the I am proud to support the inception of the Tina has a real knack for organizing and major powers is hard to conceive because one Jimmy Ryce Law Enforcement Training Act, problem solving. She has always taken the of them has overwhelming military superi- along with the dedicated personnel of the Na- lead in mobilizing systems administrators and ority and no wish to expand, will not last.’’ tional Center for Missing and Exploited Chil- We stand a far better chance of helping to other computer user groups on the Hill. She dren [NCMEC]; Federal Bureau of Investiga- stabilize the post-Cold War world if we prove has worked tirelessly to help solve problems tion, Criminal Justice Information Services Di- ourselves wise stewards of our superpowers and find solutions for others in performing their vision, National Crime Information Center status, continue to devote the resources nec- daily jobs. With her busy schedule she also essary to prepare our soldiers, sailors, air- [NCIC]; Federal Bureau of Investigation, Child found time to be a cofounder of the House men, and Marines who preserve it, and judi- Abduction and Serial Killer Unit [CASKU]; Mor- Systems Administrators Association in 1990. ciously employ armed force where the stra- gan P. Hardiman Task Force on Missing and She served as president of the group from tegic stakes justify the risks. Exploited Children; and the U.S. Department 1993 until leaving to work with House Informa- The optimistic supposition of Western de- of Justice, Office of Juvenile Justice and De- tion Resources. mocracies that peace is the normal human linquency Prevention [OJJDP]. Under her leadership the House System Ad- condition is prevalent in the Clinton admin- This is a good effort to wage a collective ministrators Association has become a key or- istration’s approach to national security is- fight against some of the worst criminals in our ganization in the House's efforts to use tech- sues. But change (often accompanied by tur- country. I look forward to seeing this training nology to better serve the country. Tina has moil and conflict), not peace, is the natural program established. human condition. The United States must been a great help not only to her employing office, but to the entire House of Representa- preserve and reserve its military to deter f and, if necessary, to resist those violent tives. changes that threaten the peace or our glob- Over the years Tina has worked to forge APPOINTMENT OF CONFEREES ON al security. Conversely, we must be willing better relationships between Member offices H.R. 3734, WELFARE AND MEDIC- to accept change, even violent change, that and House resource organizations. She can AID REFORM ACT OF 1996 we do not like but that occurs at the inter- be credited with aiding in the growth and de- national periphery. Thus, while the nation velopment of her peers and colleagues SPEECH OF recoiled in horror from the brutalities of eth- throughout her career in the House of Rep- nic cleansing in Bosnia, fundamental ques- resentatives. HON. DONALD A. MANZULLO tions of national security interest were not As chairman of the Computer and Informa- OF ILLINOIS adequately confronted and certainly never tion Resources Working Group of the House IN THE HOUSE OF REPRESENTATIVES answered prior to the commitment of a large Oversight Committee, I am determined to Wednesday, July 24, 1996 force of American ground troops. have our new computer system as user-ori- One of the notions now in fashion among ented as possible. Individuals like Tina are in- Mr. MANZULLO. Mr. Chairman, Paul Swan- defense intellectuals is the idea of ‘‘strategic valuable in helping us develop such a system. son from Lake in the Hills, IL, which I rep- uncertainty.’’ In sum, it reflects the belief I, as well as the entire U.S. House of Rep- resent, knows what welfare reform means to that because the United States does not resentatives, recognize and congratulate Tina him. Paul is a carpenter, a secretary for a know who will challenge its vital interest or Hanonu for all of her hard work and dedication union PAC committee and believes in welfare exactly where or when such challenges will to this institution. reform. Let me quote from Mr. Swanson's let- occur, we are unable to adequately size or f ter: shape our military forces. However, if we ap- More people going to work will reduce the proach the coming century by focusing on DEPARTMENTS OF COMMERCE, welfare burden and thereby reduce taxes. our consistent and central security inter- JUSTICE, AND STATE, THE JUDI- You see, Paul is one of those forgotten ests—defense of the homeland; preventing a CIARY, AND RELATED AGENCIES Americans, who get up at the break of day, hegemonic power from dominating Europe, APPROPRIATIONS ACT, 1997 East Asia, and the world’s energy supplies; pack their lunch, send their kids off to school, and are working harder than ever in their lives, and preserving a degree of international sta- SPEECH OF bility—the heralded uncertainty of the post- but having less money to spend. The reason Cold War era will prove less perplexing. De- HON. GIL GUTKNECHT Paul has less to spend is that taxes are too fining what interests should be protected, OF MINNESOTA high, and it takes high taxes to support the while still challenging, will be a more IN THE HOUSE OF REPRESENTATIVES welfare state. Our goal is to help the Paul straightforward exercise. and as a nation we Swansons of this world by reforming welfare will be in a far stronger position to know Wednesday, July 24, 1996 so that less money is spent on welfare, and when we should ask our sons and daughters The House in Committee of the Whole Paul Swanson would have more money to to fight, shed blood, and sacrifice their lives. House on the State of the Union had under spend on his family. July 26, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1387 PROVIDING FOR CONSIDERATION congratulating this extraordinary priest on his TRIBUTE TO BROOKE BENNETT OF H.R. 3816, ENERGY AND retirement. WATER DEVELOPMENT APPRO- Father Cronin was ordained into the priest- HON. CHARLES T. CANADY PRIATIONS ACT, 1997 hood on May 22, 1952, at St. Thomas Semi- OF FLORIDA nary in Bloomfield, CT by the Most Reverend IN THE HOUSE OF REPRESENTATIVES SPEECH OF Henry J. O'Brien, who was then the bishop of Friday, July 26, 1996 Hartford. Following his ordination, Father HON. ZACH WAMP Mr. CANADY of Florida. Mr. Speaker, I rise OF TENNESSEE Cronin served as assistant pastor at three churches in the New London area, a time he today to congratulate Brooke Bennett of Plant IN THE HOUSE OF REPRESENTATIVES recalls as being marked by personal growth. City, FL. As America watched, this 16-year-old Wednesday, July 24, 1996 While living in New London, he directed the swam her way to Olympic gold in the 800- The House in Committee of the Whole Office of Catholic Charities, which provides so- meter freestyle competition last night. Brooke House on the State of the Union had under cial work services as parishes in Connecticut took the lead early and never looked back, consideration the bill (H.R. 3816) making ap- and Rhode Island. Father Cronin played a sig- and in just under 81¤2 minutes, she claimed propriations for energy and water develop- nificant role in building a strong advisory board victory for the United States. ment for the fiscal year ending September 30, at the Catholic charities. The Olympic spirit has warmed the hearts of 1997, and for other purposes: Father Cronin's first pastorate was St. Mau- Americans everywhere, as we have cheered Mr. WAMP. Mr. Chairman, I rise in opposi- rice Church in Bolton, where he began serving for Brooke and her fellow athletes in the cen- tion to the amendment offered by the gentle- in 1965. After the Second Vatican Council he tennial games. We are so proud of each of men from Wisconsin to eliminate funding for was called upon to implement the liturgical themÐas they have demonstrated strength, the Department of Energy's [DOE] Advanced changes in this parish. Father Cronin recalls commitment, and determination in their Light Water Reactor [ALWR] program. The fis- that it was ``wonderful to inaugurate those events. They have represented our country in cal year 1997 House energy and water devel- changes.'' He was particularly excited about stellar fashion, unifying us as a nation and in- opment appropriations bill provides $17 million the opportunity to get the members of the con- spiring each one of us to go for the gold every for this program, which will conclude the Fed- gregation more involved in the mass. Before day. eral Government's participation in the develop- moving to St. Agnes Church in Niantic in As we look ahead, we look forward to ment of the ALWR. 1980, Father Cronin presided over the con- watching Brooke Bennett continue to develop This program is a joint DOE-nuclear industry struction of Bolton's parish center. He has said her swimming talent and expect to see many program with the industry contributing more that these parishes shared a great spirit and more shining medals in her bright future. Con- than 50 percent in matching funds. Although I sense of community and liturgy. gratulations, Brooke. We're very proud of you. opposed funding for the ALWR last year, it He was appointed to his current post at St. f has become apparent to me that this program Coleman Church in Middlefield in 1991. Father A TRIBUTE TO PROFESSOR represents our Nation's last hope of building Cronin's time at St. Coleman Church has been STEPHEN SMALE the most technologically advanced nuclear re- marked by his tremendous involvement in the actors. More importantly, I have learned that lives of his parishioners. Parishioners have termination costs built into the contract create noted Father Cronin's generosity, kindness, HON. GEORGE MILLER a potential liability far exceeding the $17 mil- and genuine interest in people. In particular, OF CALIFORNIA lion provided for in this appropriations bill. he has always enjoyed working with the IN THE HOUSE OF REPRESENTATIVES Therefore, it will be more expensive to termi- parish's children. He oversaw the religious Friday, July 26, 1996 nate this project under the Obey amendment education program and is known for frequently Mr. MILLER of California. Mr. Speaker, I than to let the authorization expire. It should stopping by classes to talk with the children. rise today to pay tribute to Mr. Stephen also be noted that the Federal Government Father Cronin has a unique talent for draw- Smale, a constituent and professor emeritus of will receive royalties from the sale of these ing a congregation together. During his tenure mathematics at the University of California at newly designed reactors. in Middlefield, the members of St. Coleman Berkeley, who received the National Medal of It is well known that our Nation's growing worked together to build a storage barn on the Science today from President Clinton and Vice dependence on imported oilÐparticularly from church property. Father Cronin has said of his President GORE. the Middle EastÐposes a serious threat to our years of work in the priesthood, ``It was won- Proof is abundant that Professor Smale is national security. I firmly believe we must derful to be able to be of help to people, to one of the great minds in mathematics of that maintain a strong Federal commitment to re- make a difference positively in people's lives. last few decades: The Veblen Prize for geom- searching alternative fuel sources. As the Every parish has good people, and they are etry in 1965, the Chauvenet Prize in 1988 by world becomes more dangerous and less sta- one's blessings.'' the Mathematical Association of America, the ble, it is all the more important that we reduce I am delighted to join Father Cronin's parish von Neumann Award in 1989 by the Society our dependence on foreign sources of fuel to in congratulating him on his retirement. I know for Industrial and Applied Mathematics, the Al- meet our energy needs. your retirement will be a productive time and fred Sloan Research Fellowship from 1960 to Mr. Chairman, for these reasons and others will give you the chance to pursue your inter- 1962, and the Fields Medal, considered the I have decided to cast my vote against the ests with renewed energy and enthusiasm. I Nobel Prize of mathematics. amendment offered by the gentleman from commend you for a lifetime of service to both Professor Smale's accomplishments span a Wisconsin, and I urge my colleagues to defeat the Catholic Church and the many parishion- broad range of topics. He has made major dis- the Obey amendment. ers whose lives you have touched in very spe- coveries in the fields of topology, mathemati- f cial ways. cal economics, and the mathematics of com- puter computation. He also has made signifi- FATHER ROBERT CRONIN f HONORED cant contributions in the fields of dynamical PERSONAL EXPLANATION systems, geometry, and operations research. Mr. Speaker, I ask that my colleagues join HON. ROSA L. DeLAURO me in congratulating Professor Stephen Smale OF CONNECTICUT HON. DONALD A. MANZULLO on his receiving the National Medal of Science IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS and on his lifetime of achievements. Friday, July 26, 1996 IN THE HOUSE OF REPRESENTATIVES f Friday, July 26, 1996 Ms. DELAURO. Mr. Speaker, Father Robert SNOW BASIN LAND EXCHANGE W. Cronin's service in the priesthood has Mr. MANZULLO. Mr. Speaker, on Monday spanned 44 years, and during this time he has last, due to a family emergency, I missed roll- HON. WILLIAM J. MARTINI faithfully served people throughout the State of call votes 332 through 337. Had I been OF NEW YORK Connecticut. On July 28, 1996 Father Cronin present, I would have voted ``no'' on rollcall IN THE HOUSE OF REPRESENTATIVES will retire from active parish ministry and his vote 332 and ``yes'' on rollcall votes 333, 334, post at the Roman Catholic Parish of St. Cole- 335, 336, and 337. I request unanimous con- Friday, July 26, 1996 man in Middlefield, where he has served since sent that my statement be included following Mr. MARTINI. Mr. Speaker, I am pleased 1991. I would like to join his parishioners in the vote in the permanent record. Thank you. today to introduce, along with my colleague, E1388 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 1996 Resources Subcommittee on Parks, Forests the Palisades Interstate Park Commission, a those whose guiding principle is a desire to and Lands Chairman JAMES HANSEN, legisla- State agency. pump more money in politics. tion to authorize both the acquisition of Ster- Furthermore, this legislation offers a unique We should instead be imposing a tough new ling Forest and the Snow Basin land ex- approach to the land protection opportunity for cap on contributions from political action com- change. Sterling Forest. In addition to the direct author- mittees and wealthy contributors. The dense woodlands, undisturbed mead- ization of $17.5 million for the most environ- We should instead be eliminating the soft ows, majestic ridgetops, and clear water of mentally sensitive portion of the forestÐap- money loopholes and making it less costly for Sterling Forest comprise a resource area of in- proximately 90 percent of the tractÐthe bill the airwaves to be used for political discourse. comparable value to the public. Located just also includes a land swap option for the pur- We should instead be promoting greater 35 miles from New York City and within 1 chase of the remaining 10 percent of the prop- balance among candidates through a spend- hour's drive for 1 in 10 Americans, these lands erty. I proposed such a land swap concept last ing limit, especially in the absence of other host a broad array of unusual biological com- Fall in my attempt to break the logjam that methods. munities and are home to scores of sensitive surrounded Sterling Forest legislation for sev- Should, and couldÐbut we aren't. wildlife species including the American bald eral years. The new bill would direct the Sec- Instead, we're engaged in a determined ex- eagle. Sterling Forest also contains a major retary of the Interior top designate excess ercise to block legitimate campaign finance re- portion of the Appalachian Trail, which tra- Federal lands to be sold in order to raise form. If you believe it's time to control spend- verses the property's northern reaches offering money beyond the $17.5 million to fund the ing, to reform soft money, and to reduce the remarkable scenic vistas and recreation op- purchase of the additional 10 percent of the influence special interests exert over elections, portunities. land, if that purchase were to be undertaken. the best steps today along that path are to Most importantly, this undisturbed, undevel- I want to emphasize that we only have a support the Farr substitute, and to defeat the oped acreage is a major portion of the water- limited time to accomplish the task of protect- campaign finance deformed bill offered by the shed for the reservoirs that provide the house- ing this critical and environmentally sensitive majority leadership. hold water to 25 percent of all residents in my watershed. We are at a crucial juncture in our f State. To maintain the high quality of these efforts on behalf of the millions of people who TRIBUTE TO THE KANSAS CITY waters and to safeguard this diversity of re- depend on Sterling Forest for clean and safe METROPOLITAN LUTHERAN MIN- sources, public acquisition of Sterling Forest drinking water and for the solitude that it pro- ISTRY has been a widely recognized priority for many vides to one of this Nation's most densely years; and, in fact, some portions of the prop- populated areas. erty have already been acquired. Let us also not forget that the efforts to pre- HON. KAREN McCARTHY My interest in protecting the forest goes serve Sterling Forest have been going on for OF MISSOURI back to my days as a Passaic County several years to no avail. Even when Wash- IN THE HOUSE OF REPRESENTATIVES Freeholder, where in 1993 I supported the ington had a Democratic Congress, as well as Friday, July 26, 1996 Passaic County acquisition of 2,076 acres of a Democrat in the White House, the goal of Ms. MCCARTHY. Mr. Speaker, I rise today Sterling Forest in West Milford and Ringwood, acquiring Sterling Forest was never achieved. to salute Kansas City Metropolitan Lutheran NJ. The purchase followed a 5-year con- We now have a wonderful opportunity to meet Ministry [MLM] as it celebrates its 25th anni- demnation battle for the property. this goal and I invite and encourage each and versary aiding the low-income and disadvan- The owners of the remainder of Sterling every Member of Congress to join us in this taged citizens of Greater Kansas City. Forest recently agreed to sell to the public the cause. Metropolitan Lutheran Ministry plays a criti- vast majority of the propertyÐincluding all of Sterling Forest is clearly an invaluable prop- cal role in Greater Kansas City. MLM annually the most critical watershed, natural, and recre- erty, that will provide far-reaching public bene- serves over 50,000 people in need, including ation lands. This agreement truly presents a fits that greatly exceed its costs. I ask my col- 10,000 homeless people. These services instill once-in-a-lifetime opportunity, but this oppor- leagues to join me, other members of the New dignity and self-respect in individuals. MLM tunity will not last. Unless the more than Jersey and New York delegations, the Speak- brings strength to the community, helping citi- 15,000 acres being offered can be purchased er, and the administration in supporting this ef- zens find jobs, transportation, and places for within 2 years, the owners will proceed with fort. them to live. These selfless acts serve as a plans to build many thousands of homes and f beacon of compassion and a glimmer of hope millions of square feet of office and commer- not only to those who benefit directly from THE CAMPAIGN FINANCE DEFORM cial space on Sterling Forest, forever impairing them, but to all who live and work in the met- ACT OF 1996 Sterling Forest's natural resources and char- ropolitan area. acter, and putting at risk the quality of water Annually the volunteers and staff bring holi- consumed by millions of New Jersey resi- HON. SANDER M. LEVIN day cheer to over 1,400 destitute families by dents. And the price tag for the purchaseÐ OF MICHIGAN providing them with gifts and the food for a $55 millionÐis formidable. IN THE HOUSE OF REPRESENTATIVES holiday meal. In all, MLM will provide nearly Fortunately, an innovative partnership strat- Friday, July 26, 1996 42,000 hours of volunteer service to those in egy has been developed to bring preservation Mr. LEVIN. Mr. Speaker, one of the glaring difficult circumstances in the coming year. The of Sterling Forest within reach. The States of shortcomings of this Congress is the utter lack Metropolitan Lutheran Ministry provides all of New Jersey and New York each have set of serious interest from the majority leadership these services with a dedicated staff of 31 aside $10 million as their contributions toward in reforming the broken campaign finance sys- highly trained individuals and over 1,500 vol- the purchase. Private philanthropy has pro- tem. unteers from the Greater Kansas City area. vided another $7.5 million, and efforts are un- Unfortunately, from the very beginning, the MLM has set the standard for social service derway to attract significantly more charitable authors of this bill have clung to a series of in Kansas City. Metropolitan Lutheran Ministry support for the acquisition. The linchpin in this concepts denounced by Common Cause as has helped to implement programs such as funding partnership, though, is the proposed ``phony,'' by Public Citizen as ``fundamentally Harvesters Food Bank, the Community Gar- $17.5 million Federal share. Without this help wrong,'' by business as ``pandering,'' by labor dens project, Project Warmth, as well as low from the Federal Government, the acquisition as ``a sellout'' and which are, by any sensible to moderate-income housing programs such of Sterling Forest will not be possible. standard, perversely bizarre. as Parvin Estates and Sheffield Place, which The House Appropriations Committee has The bill before us today is campaign finance provides housing to homeless women with recently responded to this need by affirming deformed, not reformed. small children. These initiatives are at the core the high national priority of Sterling Forest pro- It offers reelection protection to those with of the social service backbone of Kansas City. tection, and by recommending first-year fund- the richest friends. MLM continues to produce new and impor- ing in the amount of $9 million, or roughly half It expands the ability of political elites to tant endeavors for the community. Most re- of the total Federal contribution to this 2-year dominate elections with soft money. cently, they embarked on a child abuse pre- project. it is important to note that Federal And it drives a stake into the heart of grass- vention program to train and educate teach- funds will be matched more than 2 to 1 by roots activism by turning elections over to ers, counselors, and the clergy about how to State and private dollars to complete the pur- those who would, under this bill, control assets recognize abuse, how to intervene, and where chase. There will be no long-term Federal ex- far beyond what they currently do. to go for help. Last year this program reached pense once the purchase is completed, since That's what we're doing here todayÐvoting out to 7,400 people and trained 500 people in all management burdens will be assumed by on a bill carefully and skillfully constructed by 33 workshops. July 26, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1389 Mr. Speaker, I congratulate the Metropolitan believe the most important thing to remember The United States cannot afford to be on Lutheran Ministry on this, their 25th anniver- with this legislation is to hold a beliefÐor if the trailing edge of this issue. already, over 80 sary and for their valiant efforts in the war on you don't have the belief, work on developing countries ban medical procedure patents. poverty. oneÐthat focuses on the future and instills These countries include Britain, France, and f faith that common sense coupled with sci- Israel, as well as countries like South Africa, entific reason will always provide a reasonable Colombia, and Saudi Arabia. For the sake of PERSONAL EXPLANATION solution to such complex issues as this. patients in this country, this Congress must f take a stand and protect patients from oppor- HON. MICHAEL P. FORBES tunistic health providers and rising health care DEPARTMENTS OF COMMERCE, OF NEW YORK costs. JUSTICE, AND STATE, THE JUDI- IN THE HOUSE OF REPRESENTATIVES I urge my colleagues to support the Ganske CIARY, AND RELATED AGENCIES Friday, July 26, 1996 amendment. APPROPRIATIONS ACT, 1997 f Mr. FORBES. Mr. Speaker, yesterday I ac- companied the President of the United States SPEECH OF NATIONAL KOREAN WAR to Long Island to meet with the families of the HON. CHARLIE NORWOOD VETERANS ARMISTICE DAY victims of the tragic TWA Flight 800. The en- OF GEORGIA tire Nation has been paralyzed by this disas- IN THE HOUSE OF REPRESENTATIVES HON. WILLIAM J. COYNE ter. My prayers and thoughts are with those Wednesday, July 24, 1996 OF PENNSYLVANIA families and it is my hope that as a nation we IN THE HOUSE OF REPRESENTATIVES can begin to move beyond the hurt and anger. The House in Committee of the Whole House on the State of the Union had under Friday, July 26, 1996 Therefore, I was unavoidably detained from consideration the bill (H.R. 3814) making ap- being here to cast my vote on H.R. 3816, the propriations for the Departments of Com- Mr. COYNE. Mr. Speaker, I rise today to re- Energy and Water Development Appropria- merce, Justice, and State, the Judiciary, and member the 43d anniversary of the end of the tions Act of 1997. Had I been here I would related agencies for the fiscal year ending Korean war. have voted ``no'' on rollcall No. 357, ``yes'' on September 30, 1997, and for other purposes: This war, often referred to as the forgotten rollcall No. 358, ``no'' on rollcall No. 359, and Mr. NORWOOD. Mr. Chairman. I rise to ex- war, played an important role in modern world ``yes'' on rollcall No. 360. press my support for the gentleman from history. Its impact on the course of the cold Finally, on rollcall No. 361 I would have Iowa's amendment. This amendment would war cannot be understated. The United States voted ``yes'' and on rollcall No. 362 I would prevent the U.S. Patent Office from issuing response to the North Korean invasion of have voted ``no.'' patents to health care providers for medical South Korea demonstrated that the United f procedures they create. States would not idly stand by and allow Com- The fact that I must speak on such an issue munist countries to invade their neighbors. FOOD QUALITY PROTECTION ACT greatly disturbs me. As a health care provider, Our response indicated that even after the OF 1996 I have always understood that my job was to carnage of World War II, Americans were still help patients. It is not to make myself rich. It willing to make heavy sacrifices to defend SPEECH OF is not to make myself famous. My job is to im- freedom and fight Communist dictatorships HON. CHARLES W. STENHOLM prove the health and well-being of those peo- around the globe. OF TEXAS ple who place their trust in my hands. Following its liberation from the Japanese in IN THE HOUSE OF REPRESENTATIVES When I became a dentist, I vowed to act in 1945 at the end of World War II, Korea was my patients' best interest. It is the moral and divided into two temporary zones of occupa- Tuesday, July 23, 1996 ethical duty of every health care provider to be tion, controlled by the United States and the Mr. STENHOLM. Mr. Speaker, can we fault a patient advocate. Patenting medical proce- Soviet Union, pending the establishment of a the legislative process in any way in bringing dures, which essentially forces other health legitimate Korean national government. Sub- forth this bill? I don't think so. providers to compensate the original provider sequently, the Soviets refused to relinquish Was a compromise reached? With much for their procedure, is a twisted way to prac- political control over North Korea. U.N.-sanc- give and take, yes. tice medicine. Congress has a moral duty to tioned elections were held in the south on May Is this the very best policy for all parties ensure that we do not allow the Federal Gov- 10, 1948, but the Soviet Union established a concerned? I am sure some have reservations ernment to place its stamp of approval on this puppet regime in the north which boycotted about that. essentially selfish act. the elections. The following year, the United Do I still have reservations? Most definitely. In addition to the ethical implications of States forces completed their withdrawal from This is not same Food Quality Protection Act medical procedure patents, there is also the South Korea. The United Nations attempted to that I originally cosponsored. matter of increased costs. Unlike the Clinton mediate the disagreement between the North However, knowing full well that the jury is administration, which took its one shot at im- Korean regimeÐthe People's Democratic Re- still out, and will be for some time, on the suc- proving the health care of Americans by na- public of KoreaÐand the Republic of Korea cess of this major piece of legislation, we have tionalizing the health care system, this Con- [ROK] in the south, but tensions remained to first look at its evolutionÐyears of debate gress has made significant and substantive ef- high as both governments insisted on reunifi- and struggle to reach the middle ground and forts to make health care more accessible and cation under their exclusive control. now, finally, almost overnight, the end is in more affordable. Allowing health providers to On June 25, 1950, North Korean forces sight. Perhaps this suddenness after so long patent procedures they develop to help their equipped with Soviet-made weapons invaded of a time where nothing seemed possible has patients will not only create perverse incen- South Korea with the intent of reunifying the made me a little overcautious. Perhaps in tives in the health care market, it will also country by force. The United States and the hindsight too much was left on the table. drive up the cost of health care. If we do not free world responded to this aggression rap- Every concerned party could make these ar- pass this amendment, we will be condemning idly. On June 27, the U.N. Security Council guments today. You can about most any legis- patients and their employers to escalating passed a resolution calling upon its member lation offered that finally becomes law, but can health care costs. We may also be forcing states to help the Republic of Korea repel the you argue that the process was circumvented? providers into using less advanced procedures North Korean invasion. The same day, Presi- Not very easily. because they want to avoid the additional dent Truman ordered U.S. forces into action There would be few to deny that passing costs of using the patented procedure. on the side of the South Koreans. this legislation this year was a top priority. I The health provider community must not The North Korean Army met with initial suc- have always pushed for reform based on allow itself to succumb to those corrupt forces cess. They shattered the South Korean Army, sound science and will continue to do so. H.R. that have overtaken the health payer industry. captured the South Korean capital, Seoul, and 1627 makes a move in that direction. Let us Once the provider turns his back on the pa- swept south to occupy almost the entire Ko- take this opportunity to address these issues tient, there will be no one to ensure that the rean peninsula. The first United States ground in that light. I respect the process and the patients interests are protected. The health troops to go into combat were badly out- need to move when the opportunity presents provider community must never forget the numbered and inadequately supportedÐand itself, but I remind you that agriculture must be great privilege it has to improve their patient's they suffered heavy lossesÐbut the United diligent in striving for a good compromise. I physical condition. States and ROK forces eventually established E1390 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 1996 a stable perimeter around the South Korean I urge my colleagues and my fellow Ameri- So Richard Head moved his family of seven port of Pusan. cans, each in their own fashion, to honor the some six miles down the road, to tiny unin- The U.N. counterattack led by the United veterans of the Korean war on this anniver- corporated Henrietta in neighboring States in September 1950 rolled back the Cheatham County. Then, Trish could play sary of the armistice. ball over at Cheatham County High School North Korean invaders, forcing the North Ko- f in Ashland City. Her first year, she caught a rean Army up the Korean peninsula nearly to Trailways bus home every day. the Chinese border. The amphibious landing A TRIBUTE TO COACH PAT HEAD ‘‘Everybody thought I had lost my mind,’’ at Inchon was a brilliant strategic move that in SUMMITT Hazel Head says. The family moved from a one bold stroke transformed defeat into victory new home to an old, drafty house near their and destroyed the bulk of the North Korean HON. JOHN J. DUNCAN, JR. community grocery. ‘‘That old house was Army. The Chinese entrance on the side of OF TENNESSEE cold as kraut.’’ the North Koreans changed the nature and the Richard Head says simply: ‘‘I just knew she IN THE HOUSE OF REPRESENTATIVES wanted to play ball.’’ dynamic of the war. For the next 6 months, Friday, July 26, 1996 Pat Summitt coaches basketball the way the battle lines surged back and forth along she played basketball—intensely. the Korean peninsula as U.N. and Communist Mr. DUNCAN. Mr. Speaker, I recently had ‘‘The amount of work it takes to be suc- offensives met with varying degrees of suc- the privilege of hosting a luncheon in honor of cessful does not detour Pat,’’ says former cess before the front stabilized just north of the Tennessee Lady Vols basketball team, the UCLA coach Billie Moore, who coached 1996 national champions. The team was later Summitt on the 1976 silver medal U.S. Olym- the 38th parallel. For the next 2 years, a bitter pic team. ‘‘In the coaching game, she is not but more limited war was fought as truce ne- honored along with the Kentucky men's team in a special ceremony and reception at the going to leave anything for granted. She was gotiations dragged on. Chinese tactics often that way when I first met her.’’ neutralized the U.N. forces' superior firepower, White House. Growing up on the family’s Middle Ten- and the war became a brutal battle of attrition. Coach Pat Head Summitt, who has coached nessee dairy farm meant working—and work- An armistice agreement was signed in Pan- the Lady Vols for more than 20 years now, is ing hard. ‘‘Daddy said he wanted Mama to munjom on July 26, 1953, and hostilities finally unquestionably one of the finest coaches in have a girl, but he treated me like one of the guys,’’ Summitt says. came to an end. this Nation. She has achieved her great suc- cess through much hard work, determination, Summitt wasn’t any older than 10 or 11 The valor of U.S. troops in Korea is legend- when she was driving a tractor. She set and ary. The U.S. forces that served in Korea con- and perseverance. The Knoxville News Sentinel recently ran a harvested tobacco, raked and baled hay, ducted themselves bravely in difficult cir- plowed fields and raised 4-H calves. cumstances, fighting at times against over- very fine article about Coach Summitt which I When the doors were open at Mount Car- whelming odds and often in brutal, life-threat- would like to call to the attention of my col- mel United Methodist Church near Ashland ening weather. Names like Task Force Smith, leagues and other readers of the RECORD. I City, the Heads were there. Summitt Dean's delay, the Pusan perimeter, Inchon, was particularly impressed by the great influ- couldn’t date until she was 16. Living 15 Chosan, the Iron Triangle, and the Punch ence that this article shows that Coach miles from town, she didn’t go out for pizza until her senior year in high school. ‘‘We Bowl all call to mind the heroism, sacrifice, Summitt's family had in helping her become the great leader she has become. worked, and we played basketball in the hay- and resilience that American troops displayed loft,’’ she says. in the course of this war. TENNESSEE’S PAT SUMMITT CREDITS FAMILY Richard Head ran the farm and the store, One and a half million Americans served in FOR HER ZEAL FOR HARD WORK built houses, served as water commissioner the Korean Theater during this conflict. 5.7 (By Amy McRary) and on the county court. ‘‘Miss Hazel’’ million Americans served in the military during Minutes after winning her fourth national worked as hard as her husband, mowing the the conflict. 54,246 Americans died in KoreaÐ basketball crown, Tennessee Lady Vols yard and cooking huge, country meals. The 2,300 of them from Pennsylvania. 8,000 Amer- Coach Pat Summitt went looking for the first to bring food to families after the death icans remain missing in action. people who taught her about the game. of a loved one, Hazel Head is ‘‘the hardest Tennessee had just trounced Georgia 83–65 working person I know,’’ Summitt says. Last year the Congress passed and the in the March 31 NCAA finals at the Charlotte ‘‘I’ve often said I wish I had more of my President signed legislation designating July Coliseum in North Carolina. When Summitt mom in me. I think I learned a lot from my 27 of each year through the year 2003 as Na- got to the seats where her parents, Richard mom about being a good mother. You can al- tional Korean War Veterans Armistice Day. and Hazel Head, sat, the 43-year-old coach ways count on Miss Hazel.’’ Under this law the President is directed to call got a reward she’d waited for all her life. Today, the Heads are likely the hardest- upon the American people to observe the day Tall, stern Richard Head wrapped his daugh- working retired people in Tennessee. Richard with the appropriation ceremonies and activi- ter in a bear hug and gave her a kiss. Head still works the family farmlands and ties in honor of the Americans who died as a ‘‘I’m glad you finally got to see one,’’ does some work in Springfield, over at the Summitt said to the quiet Middle Tennessee tobacco warehouse. Hazel Head helps over at result of their service in Korea. farmer with a gruff voice and sometimes the family laundry in Ashland City almost It is only appropriate that we take such ac- gruffer manner. every afternoon. The friendly and down-to- tions to remember these heroes of America's It was only the second hug and first kiss earth 70-year-old still fills three freezers of forgotten war, and to honor the supreme sac- the 73-year-old Head had ever given this her own and keeps friends and family sup- rifice that they made. We must also use this child he raised as a hardworking fourth son, plied with vegetables from the Heads’ 10-acre occasion to remember, praise, and thank the the young woman he cheered for to play garden. They still live in Henrietta, but in a veterans of the Korean war who put them- harder, the demanding coach he’d once wor- newer and warmer house Richard Head built. selves in harm's way but survived that terrible ried would be fired. Except for Summitt, all their now-grown and Patricia Sue ‘‘Trish’’ Head’s first basket- conflict. These men and women served their married children live within a five-mile ra- ball court was one end of a 100-foot hayloft. dius. country faithfully and well in a distant and Her daddy hung a goal at one end and strung In the Head family, good work was ex- often inhospitable part of the world. some lights. Her first teammate was her old- pected and didn’t need praising. Excuses Several years ago a group of concerned citi- est brother, Tommy, seven years older than weren’t accepted; laziness wasn’t tolerated. zens in western Pennsylvania decided to build his little sister and now a state legislator. Not that the Head kids questioned. a memorial in Pittsburgh to honor the men and Her first opponents were older brothers Ken- ‘‘Rebel? Are you kidding?’’ laughs women who served our country in the Korean neth and Charles. Summitt. ‘‘A lot of discipline came as a re- war. The Korean War Veterans Association of Trish gave as good as she got when they sult of fear. We had to get our own switch Western Pennsylvania Memorial Fund, Inc., played two-on-two after raking hay, milking out of the yard. And if you got a little one, cows, working tobacco. Summitt praises her Mama would get her own. I hated that.’’ was established in 1993 to design and build parents, saying they protected her from her Trish’s 16th birthday was spent on a trac- this memorial. The city of Pittsburgh donated brothers. Her only sister, Linda, is six years tor. Friends were feting her and a friend at a a site for the memorial in 1994. A national de- younger than Summitt. country club. But rain was coming and bales sign competition was held in the spring of To hear the family tell it, Trish didn’t of hay were still in the field. Richard Head 1995 and a winner was selected. An armistice need any protecting. refused to let his daughter leave. She had day memorial ceremony will be held this ‘‘I reckon she was just one of the boys,’’ work to finish. weekend on July 27 at the future site of the says Charles Head, a farmer and greenhouse ‘‘I think I wound up getting in trouble with memorial to remember and honor all of the operator. ‘‘In that hayloft, she was right in my dad that day,’’ Summitt remembers. ‘‘I the middle of us. That’s what made her was so mad I wasn’t paying attention (to her brave Americans who served in the Korean tough.’’ work). I think I got a switch that day and it war. I am proud to note that I have been As tough and as good as she was, she had wasn’t birthday licks.’’ asked to participate in this important cere- no team to play for in 1966. The high school ‘‘Richard was far more the patriarch than mony. in Clarksville didn’t have a girls’ team. Hazel was the matriarch,’’ says R.B. July 26, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1391 Summitt, Summitt’s husband of nearly 16 Consider how far she has come. Pat Head When she jogs, Summitt has to run two years. ‘‘Pat didn’t hear anything if things began coaching the year Title IX, which re- steps ahead of everyone else and has to finish were OK. If something went wrong, boom. quired equal athletic opportunities for at least a step ahead. ‘‘And the whole time Pat responds to that. Most women, I think, women, became law. she’s running—she’s talking basketball,’’ do not.’’ She was a 22-year-old graduate assistant says Warwick, a three-time All-American Affectionate expressions simply weren’t who also taught four courses. Four of her when she played for Summitt from 1976 to Richard Head’s way. ‘‘I never did like that players were 21; 50 people came to see them 1980. stuff,’’ Head says matter-of-factly. lose their first game by one point to Mercer Summitt readily admits she’s not the ‘‘Some families hug and kiss all the time, University. Between coaching, Summitt world’s most observant woman. Her narrow but we just never really did,’’ defends Hazel worked on her master’s in physical edu- focus tapers to tunnel vision during basket- Head. ‘‘It’s just the difference in people. But cation and rehabilitated an injured knee so ball season. Her assistants swear Summitt that didn’t mean you didn’t love them. He’d she could try out for the ’76 Olympics. comes to work not knowing if she’s walked work his toenails off for either of our five She was her own assistant, own trainer and in through rain or 20-degree cold. Last kids.’’ sometimes team driver. R.B. Summitt re- spring, she jogged the same route for three Attempting to win her father’s approval members hauling team equipment to games weeks before realizing a building she passed helped drive Summitt early in her career as in his Ford van after he met his future wife daily had burned. she took a program only slightly above in 1977. Current events don’t get any more atten- intramurals and made it the best in women’s Twenty years later, it’s still a family tion. Summitt was once to go to Las Vegas basketball. Her teams have won four cham- event, but the coach doesn’t drive the team to pick up an award. ‘‘Today’’ show host Bry- pionships in 13 trips to the Final Four. For 20 bus and her husband doesn’t have to load ant Gumbel and Dallas Cowboys running consecutive years, the Lady vols have won at equipment. Richard and Hazel Head drive 31⁄2 back Emmitt Smith were to attend. least 20 games. For eight seasons, including hours to some contests. R.B. Summitt has Summitt didn’t want to go—she didn’t recall the last three, Summitt’s teams have won 30 seats near the court where he can yell—loud- who those other people were. or more games. Summitt played on the 1976 ly—at officials and opposing coaches. ‘‘I have asked her before, if she will just Olympic team and coached the 1984 women’s The Summitts’ only son, 5-year-old Tyler, read one story on the front page of the paper team to a gold medal. She has repeatedly has been Summit’s traveling companion before turning to the sports section,’’ been named Coach of the Year by athletic or- since he was just months old. This spring, he DeMoss says. ‘‘And it’s not necessarily ganizations. stood on a ladder to help his mother cut the sports—it’s basketball. It’s women’s basket- ‘‘It was obvious when he (Head) was in the nets in Charlotte. ball. It’s Lady Vols basketball.’’ stands, Pat played at a different level,’’ Bil- During this season’s 18-point thrashing by One of the best stories about Summitt’s lie Moore says. ‘‘I like to kid him and say Stanford, Summitt walked to the end of the single-minded determination can be told in a it’s all a front, that he’s really a softie on bench near her son. ‘‘Mama,’’ he said sol- true story that sounds more like a tale. the inside. They are a very close, supportive emnly, ‘‘I’m doing all I can.’’ Consider the birth of sandy-haired, blue- family and having that is part of (having) ‘‘Son, she replied, ‘‘I don’t think that will eyed Ross Tyler Summitt. your confidence.’’ be enough.’’ Tyler, who can’t talk defense and rebound- Today, Pat Summitt has coached half her The Heads and Moore tell of Richard Head ing with the best of them, was nearly born life, compiling a 22-season record of 596–133. yelling ‘‘Trish, Trish’’ at his player-daughter while his mother was recruiting UT point some 8,000 fans regularly cheer the Lady through one pre-Olympic game. Teammate guard Michelle Marciniak. Vols during home games. After working 20 Trish Roberts thought that man in the The story goes like this: years without a contract, Summitt now stands was yelling at her. Summitt knew ex- Summitt was about two weeks away from earns an annual $135,000. That’s the highest actly who her daddy was hollering at. ‘‘The her due date when she and DeMoss flew to base pay of any UT coach, male or female. coach said afterward she’d never seen two Pennsylvania in September 1990 to recruit But for those first couple of years, the girls play so hard,’’ Richard Head says. Maricinak. While there, Summitt went into Lady Vols won only 16 games a season. The You’d likely zip right through Henrietta labor. third season, they hit 28 wins and never up Highway 12 from Ashland City to Clarks- But she wasn’t going to have her son any- looked back. where but in Knoxville. And it didn’t matter ville except for that big green-and-white And over in Henrietta, Richard Head was she was states away. ‘You know, Pat can be highway sign proclaiming. ‘‘Home of Pat trying to get his daughter to quit the coach- pretty stubborn,’’ DeMoss says. Head Summitt.’’ ing game. Under the green sign is a smaller, hand- ‘‘I felt like she might have a bad season, DeMoss raced her boss to the UT plane. On made one shaped something like the state of and they’d get rid of her. They won’t now for the way, Summitt’s pains increased. The Tennessee. Fashioned and fastened by the awhile, but at one time I figured they pilot offered to land in Virginia. Heads’ mail carrier, that sign reads ‘‘Lady might.’’ That sounded like a great idea to DeMoss. Vols #1 and Always #1 Here’’ in bright or- A sometimes blind, always demanding pas- Forget that archrival Virginia had defeated ange letters. sion drives the woman who is arguably the Tennessee in overtime in the NCAA East Re- Two satellite dishes stand in the Heads’ best coach in women’s basketball. gional that March. back yard, gifts from Summitt so her par- ‘‘I’ve always said, ‘Teams may beat us, but ‘‘Pat told me, ‘Mickie, you let them land ents won’t miss a game. She phones after they better not outwork us. Coaches may in Virginia, you’re going to have a mad contests. beat me, but they better not outwork me,’’’ woman on your hands.’ That was all I needed ‘‘If they lose, she doesn’t call right Summitt says. ‘‘I guess you have to be a lit- to know,’’ DeMoss recalls. straight; she’s too down,’’ Hazel Head says. tle crazy to be this driven, but I enjoy work- The plane landed at McGhee Tyson Airport ‘‘But she likes to know what we think.’’ ing.’’ in a fast two hours, black exhaust fumes Today, her assistant coaches and husband Says Mickie DeMoss, Summitt’s assistant streaking its sides. Tyler was born a few insist Summit is self-motivated. ‘‘I think she coach for 11 years: ‘‘She coaches with a lot of hours later at St. Mary’s Medical Center. is pretty well content with her folks, her passion; she does everything with a lot of The doctors said if the baby’s head had been family, her career, her life. I think it took a passion. turned differently, DeMoss would have had while,’’ says R.B. Summitt, who’s executive ‘‘If she owned Weigel’s up the road, it’d be an assist in his birth. ‘‘It was the longest two vice president of Sevier County Bank. ‘‘I the best Weigel’s in the city of Knoxville. hours of my life,’’ DeMoss says. think she always worried what her dad would Because she’d work from sun-up to sun- Down the sidelines she strides, pointing, say or think.’’ down. yelling, snarling. Her blue eyes glare ‘‘the The first hug Summitt got from her daddy ‘‘Holly (Warwick, also an assistant coach look’’ that makes an All-American cower. was last year, a conciliatory hug after a bit- for 11 years) and I often say we do things the In the comfort of your den, in the safety of ter loss to Connecticut in the NCAA cham- hard way around here,’’ DeMoss laughs. ‘‘If your Thompson-Boling seat, you’re very, pionship game. The second came with a kiss the competition is doing it one way, we’re very glad you’re not wearing Tennessee or- after this year’s championship. going to find a way to do it a little better.’’ ange. Even Richard Head thinks Trish is ‘‘To hug me and give me a big old kiss, Says Shelley Sexton, point guard on sometimes too hard on those girls. that was a first,’’ Summitt says. And she Summitt’s first 1987 championship team and ‘‘I think Daddy’s gotten more relaxed since says, her father has now told her he is now women’s basketball coach at Karns High his children have married . . . since he’s got proud—in his own matter-of-fact, under- School, ‘‘Nobody questions themselves hard- nine grandkids and two great-grandkids,’’ stated manner. er, nobody puts themselves through more, Summitt says. The Heads spent a day at the Summitts’ than Pat Head Summitt. She is a perfection- Watching Summitt, it’s hard to imagine Blount County home after this year’s NCAA ist.’’ this woman was once so reserved she dreaded tournament. As Richard Head was leaving, The slender 5-foot, 11-inch Summitt walks taking college speech classes. The nickname he told his daughter: ‘Now I don’t want to faster, drives much, much faster. ‘‘If Pat’s ‘‘Pat’’ stuck when she was too shy to tell hear any more about how I’ve never hugged not driving, putting on her makeup and talk- college classmates everybody called her you or kissed you or told you I was proud of ing all at the same time, she’s wasting her ‘‘Trish.’’ you.’’ time,’’ DeMoss says. Warwick and DeMoss Gracious one-on-one, Summitt keeps in ‘‘That was Daddy’s way of telling me he half-joke Summitt only slows down when touch with and often advises former players. was proud,’’ Summitt grins. Tyler is riding. Involved in community causes, she’s E1392 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 1996 chairing the 1996 local United Way campaign called Warwick and DeMoss with the worst tor Garcia of Corpus Christi, who was my per- with men’s basketball coach Kevin O’Neill. of news—UT star Bridgette Gordon had se- sonal hero and one of the most important So maybe, just maybe, those flashes of vere food poisoning. sideline temper aren’t as bad as they seem. ‘‘She really had us going. And then she Americans of our time. Or maybe the end justifies the means. said, ‘April Fool.’ Ninety percent of the time Dr. Garcia was a different breed of patriot she is so serious, she can really get you,’’ Summitt makes no excuses. and citizen. Long before the issue of civil ‘‘I’m not really concerned about what peo- DeMoss says. ple say about the way I coach or my style,’’ Mellow or mature, Summitt remains one rights was on anyone else's agenda, Dr. Hec- Summitt says. ‘‘Because unless you are real- very poor loser. tor Garcia recognized the need for equal rights ly on the inside, I don’t think you can to- ‘‘She’s more like her daddy. I want them to for the citizens of the United States, particu- win, but he really is disappointed if they tally understand and appreciate communica- larly in our little corner of the world in south tion. don’t,’’ Hazel Head says. ‘‘I try to tell her, ‘‘My volume can be on 10, but my message ‘When you go out there, you know one’s Texas. Rather than make the larger elements can be very positive. My volume may be a going to lose, and one can’t do it all. You of society uncomfortable with a direct public two and it can be one of constructive criti- can’t always be on top.’ ’’ Says R.B. Summitt, ‘‘If we should have assault on the status quo, Dr. Garcia began cism. I can’t spend my career trying to lost, Pat’s not a good loser and it’s not any making quiet inroads into the system. please everybody. When I concern myself fun. But if we should not have lost, if the with people, it’s the people right here.’’ Dr. Garcia encouraged all of us to become team didn’t give effort, if we sort of gave the Through the years, 13 players have trans- game away with mistakes, then it’s worse.’’ involved. He articulated clearly, then, why it ferred out. ‘‘I’m sure my personality, my ex- ‘‘I get really sick inside,’’ Summitt says, was necessary for Hispanics to show an inter- pectations for us, had something to do with putting one hand to her chest. ‘‘I just have a est in the workings of our city, our community, it,’’ she says. terrible feeling. I cannot get it off my mind. Those around her say Summitt today yells I replay every play. I always feel there’s and our country. He underscored the basic more selectively, having adapted to changes something I could have said or done to make workings of democracy, preaching his mes- in players and differences in teams’ chem- the difference.’’ sage about the strength of numbers, the ne- istries. She’s still tough. She is hard on herself and on her players. cessity of registering to vote, and the power of ‘‘Now she still gets in their faces and she Game mistakes are replayed in hard prac- expects a lot out of them, but I think she has tices. ‘‘I’m sure the players get sick of hear- voting. really made an effort to compliment them ing it. But that’s OK. Then they’ll remember Today, Dr. Garcia's message is the political when they do well, tell them how proud she how they felt when they lost,’’ she says. is of them,’’ DeMoss says. ‘‘There’s never If you really want to feel the Summitt gospel to which we all adhere. While others been a question that she cares about her wrath, be lazy or dishonest. fought the system, often unsuccessfully, Dr. players.’’ Team policy is sacred. Going to class and Garcia worked within the system to open it up Says former Lady Vol center and current being on time are not mere suggestions. You for everyone to participate. He amazed us all University of Richmond assistant coach don’t go to class, you don’t step on the court. Sheila Frost: ‘‘Pat will drive you to the All players who remained at Tennessee four with his wisdom, foresight, and longevity. brink, but she won’t break you. I was just a years have graduated, a fact that coaches are Dr. Garcia began fighting for the cause of little farm girl when I got to Tennessee. She as proud of as those national championships. civil rights in 1948Ðlong before others joined took me under her wing and she kicked me Players who break team rules get sus- in the rear too.’’ pended. Most recently, Lady Vols center that cause. He fought for basic, fundamental The idea of playing for a demanding bas- Tiffani Johnson was not allowed to make civil, human, and individual rights. The seeds ketball icon with a temper can be intimidat- last Monday’s team trip to the White House he planted all those years ago have grown ing not just to 18-year-olds. DeMoss works to because of an undisclosed rules violation. Word is that Summitt knows everything. into ideas whose roots are firmly planted in ‘‘humanize’’ Summitt to recruits and par- south Texas. Those seeds have produced to- ents. ‘‘I tell them up front, ‘Yes, she’s tough, ‘‘She just looks at you and says, ‘I know she’s demanding. . . . She expects nothing what you’ve been doing and you just con- day's leaders, and laid the foundation for to- but your best. And if you come here, basket- fess,’’ Warwick says. morrow's leaders. Summitt suspended point guard Tiffany ball needs to be important to you because Woosley for three games her senior year As a veteran, I am particularly grateful to Dr. it’s very important to Pat.’ ’’ after Woosley made comments reportedly Call it maturity. Call it security. Don’t Garcia for his very special serviceÐboth dur- criticizing some teammates. ‘‘It doesn’t mat- call it mellow. ing conflict with the enemy, and within the bu- ‘‘Pat hates it when people use that word,’’ ter who you are, if you do one thing wrong, you get punished. It’s Pat’s way or no way,’’ reaucracy. The American GI forum, which he DeMoss says. Summitt agrees she’s more apt to ask for says Woosley, now coach at Fayetteville’s founded, was originally intended to guide WWI input from DeMoss, Warwick and assistant Lincoln County High School. ‘‘That’s the and WWII veterans through the maze of bu- Al Brown and from her players. ‘‘I’m more way it should be. She’s tough. But I learned reaucracy to obtain their educational and med- flexible today than I was at 27, more toler- from it, the good and the bad.’’ Says Sexton: ‘‘There’s a price to be paid to ical benefits, and it grew into the highly ac- ant. Starting out I guess I was kind of a dic- be a part of that program. You have got to be claimed Hispanic civil rights organization. tator type. I thought I had all the answers.’’ above reproach. It’s a responsibility, a com- There’s no question who’s in charge, but mitment on and off the floor. The seeds of Dr. Garcia's inspiration and Summitt is more comfortable letting players Recruits ask DeMoss ‘‘Can I play for Pat? leadership have sprouted, and they will con- make some decisions. ‘‘I’ve heard her ask the Can I handle Pat?’’ I tell them, ‘‘Two things tinue to grow and succeedÐjust as he players during a time-out, ‘You want to play will keep you out of the doghouse. Work planned. Dr. Garcia was a tremendously de- zone or man-to-man?’ ’’ DeMoss says. ‘‘I hard and be honest,’’ DeMoss says. think she knows now you can laugh and have Says Summitt, ‘‘I think I have very little cent man, and his legacy to us is to treat each fund and still win. Used to, she didn’t think patience with people that are not motivated other decently as human beings. He embodied the two ever could go together.’’ to work hard. It’s hard for me to under- the Golden RuleÐ``Do unto others as you She gets help laughing from practical jok- stand.’’ would have them do unto you.'' There are a ers DeMoss and Warwick. Once, Summitt f was ragging the players about her playing host of people in south Texas who received days. The coach swore she always rebounded THE DEATH OF DR. HECTOR free medical care from him because they sim- and never tossed fancy passes. DeMoss and GARCIA ply couldn't afford to pay him. Warwick showed the team a grainy, black- and-white video of Summitt’s playing days. I will miss him, and I will miss his decencyÐ ‘‘She threw hook passes; she didn’t re- HON. SOLOMON P. ORTIZ I believe all Americans will. I believe the best bound. The whole team had to wait for her to OF TEXAS way for us to remember him is to follow his get down the court,’’ Warwick laughs. ‘‘But IN THE HOUSE OF REPRESENTATIVES example. she took it very well.’’ Friday, July 26, 1996 Summitt can slip in a joke herself. Ten- nessee was to play Louisiana Tech in April Mr. ORTIZ. Mr. Speaker, I rise today to ad- in the 1988 Final Four semifinal. Summitt vise my colleagues of the passing of Dr. Hec- Friday, July 26, 1996 Daily Digest

HIGHLIGHTS Senate passed Foreign Operations Appropriations, 1997. Senate appropriate endorsement for the vessel Alpha Tango, Chamber Action and for other purposes. Routine Proceedings, pages 8943–S9005 S. 1349, to authorize the Secretary of Transpor- Measures Introduced: Five bills and three resolu- tation to issue a certificate of documentation with tions were introduced, as follows: S. 1993–1997, S.J. appropriate endorsement for the vessel Old Hat. Res. 57, and S. Res. 283–284. Page S8989 S. 1358, to authorize the Secretary of Transpor- Measures Reported: Reports were made as follows: tation to issue a certificate of documentation with S. 1994, to amend title 49, United States Code, appropriate endorsement for employment in the to reauthorize programs of the Federal Aviation Ad- coastwise trade for the vessel Carolyn. ministration. (S. Rept. No. 104–333) S. 1362, to authorize the Secretary of Transpor- S. 1505, to reduce risk to public safety and the tation to issue a certificate of documentation with environment associated with pipeline transportation appropriate endorsement for employment in the of natural gas and hazardous liquids, with an amend- coastwise trade for the vessel Focus. ment in the nature of a substitute. (S. Rept. No. S. 1383, to authorize the Secretary of Transpor- 104–334) tation to issue a certificate of documentation and S. 1962, to amend the Indian Child Welfare Act coastwise trade endorsement for the vessel Westfjord. of 1978. (S. Rept. No. 104–335) S. 1384, to authorize the Secretary of Transpor- S. 1149, to authorize the Secretary of Transpor- tation to issue a certificate of documentation and tation to issue a certificate of documentation with coastwise trade endorsement for the vessel God’s appropriate endorsement for employment in the Grace II. coastwise trade for the vessel Babs. S. 1454, to authorize the Secretary of Transpor- S. 1272, to authorize the Secretary of Transpor- tation to issue a certificate of documentation with tation to issue a certificate of documentation and appropriate endorsement for employment in the coastwise trade endorsement for the vessel Billy Buck. coastwise trade and fisheries for the vessel Joan S. 1281, to authorize the Secretary of Transpor- Marie. tation to issue a certificate of documentation with S. 1455, to authorize the Secretary of Transpor- appropriate endorsement for employment in the tation to issue a certificate of documentation with coastwise trade for the vessel Sarah-Christen. appropriate endorsement for employment in the S. 1282, to authorize the Secretary of Transpor- coastwise trade for the vessel Movin On. tation to issue a certificate of documentation with S. 1456, to authorize the Secretary of Transpor- the appropriate endorsement for employment in the tation to issue a certificate of documentation with coastwise trade for the vessel Triad. appropriate endorsement for employment in the S. 1319, to authorize the Secretary of Transpor- coastwise trade for the vessel Play Hard. tation to issue a certificate of documentation with S. 1457, to authorize the Secretary of Transpor- appropriate endorsement for employment in the tation to issue a certificate of documentation with coastwise trade for the vessel Too Much Fun. appropriate endorsement for employment in the S. 1347, to authorize the Secretary of Transpor- coastwise trade for the vessel Shogun. tation to issue a certificate of documentation with S. 1545, to authorize the Secretary of Transpor- appropriate endorsement for the vessel Captain Daryl. tation to issue a certificate of documentation with S. 1348, to authorize the Secretary of Transpor- appropriate endorsement for employment in the tation to issue a certificate of documentation with coastwise trade for the vessel Moonraker. D820 July 26, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D821 S. 1566, to authorize the Secretary of Transpor- Gorton Amendment No. 5093, to establish a tation to issue a certificate of documentation with panel to review proposed fish and wildlife programs appropriate endorsement for employment in the funded through the Bonneville Power Administra- coastwise trade for the vessel Marsh Grass Too. tion’s annual budget. Pages S8977±78, S8980 S. 1588, to authorize the Secretary of Transpor- Pending: tation to issue a certificate of documentation and McCain Amendment No. 5094, to clarify that re- coastwise trade endorsement for the vessel Kalypso. port language does not have the force of law. S. 1631, to authorize the Secretary of Transpor- Page S8980 tation to issue a certificate of documentation with McCain Amendment No. 5095, to prohibit the appropriate endorsement for employment in the use of funds to carry out the advanced light water coastwise trade for the vessel Extreme. reactor program. Pages S8980±85 Measures Passed: A unanimous-consent agreement was reached pro- viding for further consideration of the bill and cer- Foreign Operations Appropriations, 1997: By 93 tain amendments to be proposed thereto, on Mon- yeas to 7 nays (Vote No. 248), Senate passed H.R. day, July 29, 1996, with votes to occur thereon, on 3540, making appropriations for foreign operations, Tuesday, July 30, 1996. Page S8978 export financing, and related programs for the fiscal year ending September 30, 1997, after agreeing to Legislative Branch Appropriations—Agreement: a committee amendment in the nature of a sub- A unanimous-consent agreement was reached provid- stitute, and taking action of amendments proposed ing for the consideration of H.R. 3754, making ap- thereto, as follows: Pages S8943±65 propriations for the Legislative Branch for the fiscal Adopted: year ending September 30, 1997 and certain amend- By 73 yeas to 27 nays (Vote No. 247), Lieberman ments to be proposed thereto, on Monday, July 29, Amendment No. 5078, to reallocate funds for the 1996, with votes to occur thereon, on Tuesday, July Korean Peninsula Energy Development Organiza- 30, 1996. Pages S8978±79 tion. Pages S8944±45 Nominations Confirmed: Senate confirmed the fol- Rejected: lowing nominations: By 22 yeas to 78 nays (Vote No. 246), Simpson Robert E. Morin, of the District of Columbia, to Amendment No. 5088, to strike the provision which be an Associate Judge of the Superior Court of the extends reduced refugee standards for certain groups. District of Columbia for the term of fifteen years. Pages S8943±44 Alan Philip Larson, of Virginia, to be an Assistant Senate insisted on its amendments, requested a Secretary of State. conference with the House thereon, and the Chair Jeffrey Davidow, of Virginia, to be an Assistant appointed the following conferees: Senators McCon- Secretary of State. nell, Specter, Mack, Jeffords, Gregg, Shelby, Ben- Rod Grams, of Minnesota, to be a Representative nett, Hatfield, Leahy, Inouye, Lautenberg, Harkin, of the United States of America to the 51st Session Mikulski, Murray, and Byrd. Page S8964 of the General Assembly of the United Nations. National Character Counts Week: Senate agreed Claiborne deB. Pell, of Rhode Island, to be a Rep- to S. Res. 226, to proclaim the week of October 13 resentative of the United States of America to the through October 19, 1996, as ‘‘National Character 51st Session of the General Assembly of the United Counts Week’’. Page S9001 Nations. A routine list in the Foreign Service. PSI Records: Senate agreed to S. Res. 284, to au- thorize the production of records by the Permanent Pages S9002, S9005 Subcommittee on Investigations. Pages S9002±03 Messages From the House: Page S8988 Energy and Water Appropriations, 1997: Senate Measures Placed on Calendar: Page S8988 began consideration of S. 1959, making appropria- Communications: Page S8989 tions for energy and water development for the fiscal Statements on Introduced Bills: Pages S8989±93 year ending September 30, 1997, taking action on amendments proposed thereto, as follows: Additional Cosponsors: Page S8993 Pages S8965±72, S8974, S8977±78, S8980±88 Amendments Submitted: Pages S8994±S9000 Adopted: Notices of Hearings: Pages S9000±01 Coats Amendment No. 5092, to provide authority for States to limit the interstate transportation of Authority for Committees: Page S9001 municipal solid waste. Pages S8969±72, S8974 Additional Statements: Page S9001 D822 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 1996 Record Votes: Three record votes were taken today. the operations and management of the Federal Re- (Total—248) Pages S8944, S8946 serve System, and S. 1993, to require Federal Re- Adjournment: Senate convened at 9:30 a.m., and serve System expenses, excluding any related to the adjourned at 2:04 p.m., until 9:30 a.m., on Monday, establishment and conduct of monetary policy, be July 29, 1996. (For Senate’s program, see the re- subject to the congressional appropriations process, marks of the Acting Majority Leader in today’s after receiving testimony from Senators Dorgan and Record on page S9003.) Reid; Charles A. Bowsher, Comptroller General of the United States, and James L. Bothwell, Director, Committee Meetings and Helen Hsing, Associate Director, both of Finan- cial Institutions and Market Issues, all of the General (Committees not listed did not meet) Accounting Office; and Alan Greenspan, Chairman, FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve System. Committee on Banking, Housing, and Urban Affairs: Committee concluded hearings to review a report on h House of Representatives Working Families Flexibility: By a yea-and-nay Chamber Action vote of 228 yeas to 175 nays, Roll No. 367, the Bills Introduced: 6 public bills, H.R. 3907–3912; House agreed to H. Res. 488, the rule providing for and 4 resolutions, H. Con. Res. 203–204, and H. consideration of H.R. 2391, to amend the Fair Labor Res. 490–491 were introduced. Page H8598 Standards Act of 1938 to provide compensatory time Reports Filed: Reports were filed as follows: for all employees. Pages H8562±73 H.R. 2636, to transfer jurisdiction over certain Military Construction Appropriations Con- parcels of Federal real property located in the Dis- ference: It was made in order to disagree with the trict of Columbia, amended (H. Rept. 104–368, Part Senate amendments to H.R. 3517, making appro- II); priations for military construction, family housing, H.R. 3006, to provide for disposal of public lands and base realignment and closure for the Department in support of the Manzanar Historic Site in the State of Defense for fiscal year ending September 30, of California, amended (H. Rept. 104–709); 1997, and agree to a conference. Page H8573 H.R. 3491, to repeal the American Folklife Pres- Appointed as conferees Representatives Vucano- ervation Act, amended (H. Rept. 104–710); vich, Callahan, McDade, Myers of Indiana, Porter, H.R. 3579, to direct the Secretary of the Interior Hobson, Wicker, Livingston, Hefner, Foglietta, to convey certain property containing a fish and Torres, Dicks, and Obey. Page H8573 wildlife facility to the State of Wyoming, amended Agreed to the Hefner motion to instruct conferees (H. Rept. 104–711); not to provide funding for projects which have not H.R. 3868, to extend certain programs under the been authorized. Page H8573 Energy Policy and Conservation Act through Sep- tember 30, 1996 (H. Rept. 104–712); District of Columbia Appropriations Conference: H.R. 3024, to provide a process leading to full It was made in order to disagree with the Senate self-government for Puerto Rico, amended (H. Rept. amendments to H.R. 3845, making appropriations 104–713 Part I); and for the government of the District of Columbia and H.R. 3539, to amend title 49, United States other activities chargeable in whole or in part Code, to reauthorize programs of the Federal Avia- against revenues of said District for the fiscal year tion Administration, amended (H. Rept. 104–714 ending September 30, 1997, and agree to a con- Part I). Page H8597 ference. Page H8573 Appointed as conferees Representatives Walsh, Journal Vote: By a yea-and-nay vote of 229 yeas to 51 nays, Roll No. 366, the House agreed to the Bonilla, Kingston, Frelinghuysen, Neumann, Parker, Speaker’s approval of the Journal of Thursday, July Livingston, Dixon, Serrano, Kaptur, and Obey. Page H8573 25. Pages H8559±60 July 26, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D823 District Work Period: By a yea-and-nay vote of Amendments: Amendments ordered printed pursu- 232 yeas to 167 nays, Roll No. 368, the House ant to the rule appear on pages H8598–99. agreed to H. Con. Res. 203, providing for the ad- Senate Messages: Messages received from the Senate journment of both Houses. Pages H8573±74 today appear on pages H8560 and H8573. Small Business Job Protection: It was made in Quorum Calls—Votes: Four yea-and-nay votes de- order to disagree with the Senate amendments to veloped during the proceedings of the House today H.R. 3448, to provide tax relief for small businesses, and appear on pages H8559–60, H8572–73, to protect jobs, to create opportunities, to increase H8574, and H8580–81. There were no quorum the take home pay of workers, and agree to a con- calls. ference. Pages H8574±81 Adjournment: Met at 9:00 a.m. and adjourned at Appointed as conferees from the Committee on 2:55 p.m. Ways and Means for consideration of the House bill (except for title II) and the Senate amendment num- bered 1, and modifications committed to conference: Committee Meetings Representatives Archer, Crane, Thomas, Gibbons, SECTION 8 CONTRACTS AND FHA and Rangel; as additional conferees from the Com- INSURANCE mittee on Economic and Educational Opportunities Committee on Banking and Financial Services: Sub- for consideration of sections 1704(h)(1)(B) and committee on Housing and Community Opportunity 1704(1) of the House bill and sections 1421(d), held a hearing on Expiring Section 8 Contracts and 1442(b), 1442(c), 1451, 1457, 1460(b), 1460(c), FHA Insurance. Testimony was heard from Judy 1461, 1465, and 1704(h)(1)(B) of the Senate amend- England-Joseph, Director, Housing and Community ment numbered 1, and modifications committed to Development, GAO; and public witnesses. conference: Representatives Goodling, Fawell, SOLID WASTE DISPOSAL ACT Ballenger, Clay, and Owens; as additional conferees AMENDMENTS from the Committee on Economic and Educational Opportunities, for consideration of title II of the Committee on Commerce: Subcommittee on Commerce, House bill and the Senate amendments numbered Trade, and Hazardous Materials held a hearing on 2–6, and modifications committed to conference: H.R. 3391, to amend the Solid Waste Disposal Act Representatives Goodling, Fawell, Ballenger, Riggs, to require at least 85 percent of funds appropriated Clay, Owens, and Hinchey. Page H8581 to the Environmental Protection Agency from the Agreed to the Clay motion to instruct conferees to Leaking Underground Storage Tank Trust Fund to report as soon as possible their resolution of the dif- be distributed to States for cooperative agreements ferences between the Houses, because the minimum for undertaking corrective action and for enforcement wage is at its lowest real value in 40 years and be- of subtitle I of such Act. Testimony was heard from cause working families deserve a raise (agreed to by Jim Matthews, Deputy Assistant Administrator, Of- yea-and-nay vote of 365 yeas to 26 nays, Roll No. fice of Solid Waste and Emergency Response, EPA; and public witnesses. 369). Pages H8574±81 Legislative Program: The Majority Whip an- CONSUMER HEALTH INFORMATICS nounced the legislative program for the week of July Committee on Government Reform and Oversight: Sub- 29. Agreed to adjourn from Friday to Monday. committee on Human Resources and Intergovern- Pages H8581±82 mental Relations held a hearing on Consumer Health Informatics. Testimony was heard from Pat Meeting Hour: Agreed that when the House ad- Taylor, Director, Health, Education and Human journs today, it adjourn to meet at 12:30 p.m. on Services Information Systems, GAO; Mary Jo Monday, July 29 for morning hour debates. Deering, Director, Health Communications and Page H8582 Telehealth, Office of Disease Prevention and Pro- Calendar Wednesday: Agreed to dispense with Cal- motion, Department of Health and Human Services; endar Wednesday business of July 31. Page H8582 and public witnesses. Agriculture Market Transition: The House passed BRIEFING—PROPOSED NATIONAL H.R. 3900, to amend the Agricultural Market Tran- PETROLEUM RESERVE—ALASKA LAND sition Act to provide greater planting flexibility. EXCHANGE Pages H8582±83 Committee on Resources: Held a briefing on proposed Referrals: Two Senate-passed measures were referred National Petroleum Reserve—Alaska Land Exchange to the appropriate House Committees. Page H8596 contained in the House counter-offer to the Senate D824 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 1996 on the Presidio legislation. The Committee was hold oversight hearings to examine the conditions that briefed by public witnesses have made the national forests in Arizona susceptible to fires and disease, 10:30 a.m., SD–366. August 1, Subcommittee on Oversight and Investiga- Joint Meetings tions, to hold oversight hearings to review the propriety HEALTH INSURANCE REFORM of a commercial lease issued by the Bureau of Land Man- Conferees met to resolve the differences between the agement and Lake Havasu, Arizona, including its consist- ency with the Federal Land Policy and Management Act Senate- and House-passed versions of H.R. 3103, to and Department of the Interior land use policies, 9 a.m., amend the Internal Revenue Code of 1986 to im- SD–366. prove portability and continuity of health insurance August 1, Full Committee, to hold oversight hearings coverage in the group and individuals markets, to on the implementation of Section 2001, Emergency Tim- combat waste, fraud, and abuse in health insurance ber Salvage, of Public Law 104–19, 2 p.m., SD–366. and health care delivery, to promote the use of medi- Committee on Environment and Public Works: July 31, cal savings accounts, to improve access to long-term Subcommittee on Transportation and Infrastructure, to care services and coverage, and to simplify the ad- hold hearings on the Intermodal Surface Transportation ministration of health insurance, but did not com- Efficiency Act and the role of Federal, State, and local plete action thereon, and recessed subject to call. governments in surface transportation, 9:30 a.m., SD–406. SAFE DRINKING WATER ACT Committee on Finance: July 30, Subcommittee on Inter- Conferees met to resolve the differences between the national Trade, to resume hearings in conjunction with Senate- and House-passed versions of S. 1316, to au- the Caucus on International Narcotics Control to examine thorize funds for programs of the Safe Drinking how drug trafficking and money laundering may pose threats to United States trade and financial systems, and Water Act, but did not complete action thereon, and efforts to combat international drug trafficking and recessed subject to call. money laundering, 10 a.m., SD–215. f Committee on Foreign Relations: July 29, to hold hearings to examine international drug trafficking and its local im- CONGRESSIONAL PROGRAM AHEAD pact, 2 p.m., SD–419. Week of July 29 through August 3, 1996 July 30, Full Committee, to hold hearings on the nominations of Pete Peterson, of Florida, to be Ambas- Senate Chamber sador to the Socialist Republic of Vietnam, Genta Haw- kins Holmes, of California, to be Ambassador to Aus- On Monday and Tuesday, Senate will resume con- tralia, Arma Jane Karaer, of Virginia, to be Ambassador sideration of S. 1959, Energy and Water Appropria- to Papua New Guinea, and to serve concurrently and tions, 1997, and consider H.R. 3754, Legislative without additional compensation as Ambassador to Solo- Branch Appropriations, 1997. mon Islands, and as Ambassador to the Republic of On Wednesday, Senate will consider S. 1936, Nu- Vanuatu, and John Stern Wolf, of Maryland, for the rank clear Waste Policy. of Ambassador during his tenure of service as U.S. Coor- Also, during the week, Senate may consider fur- dinator for Asia Pacific Economic Cooperation, 10 a.m., ther appropriations bills, and any cleared executive SD–419. and legislative business, and conference reports, July 30, Subcommittee on Western Hemisphere and when available. Peace Corps Affairs, to hold hearings on the implementa- tion of the Cuban Liberty and Democratic Solidarity Act (Senate will recess on Tuesday, July 30, 1996 from (Libertad) (P.L. 104–114), 3 p.m., SD–419. 12:30 p.m. until 2:15 p.m. for respective party con- July 31, Subcommittee on African Affairs, to hold ferences.) hearings on food security issues in Africa, 2 p.m., Senate Committees SD–419. August 1, Full Committee, to hold hearings to review (Committee meetings are open unless otherwise indicated) foreign policy issues, 10 a.m., SD–419. Committee on Armed Services: August 1, to hold hearings Committee on Governmental Affairs: July 31, to hold hear- to examine current U.S. participation in the NATO Im- ings on S. 1724, to require that the Federal Government plementation Force Mission in Bosnia, 10 a.m., SR–222. procure from the private sector the goods and services Committee on Banking, Housing, and Urban Affairs: July necessary for the operations and management of certain 31, to hold hearings on provisions of H.R. 361, to pro- Government agencies, 10 a.m., SD–342. vide authority to control exports, 10 a.m., SD–538. Committee on the Judiciary: July 30, to hold hearings to Committee on Commerce, Science, and Transportation: Au- examine the incidents of drug smuggling at U.S. borders, gust 1, to hold hearings on aviation security issues, 9:30 10 a.m., SD–226. a.m., SR–253. July 30, Subcommittee on Constitution, Federalism, Committee on Energy and Natural Resources: July 30, Sub- and Property Rights, business meeting, to mark up S.J. committee on Forests and Public Land Management, to Res. 8, proposing an amendment to the Constitution of July 26, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D825 the United States to prohibit retroactive increases in 15. H.R. 3846, the Microenterprise Act; taxes, and proposed legislation authorizing funds for the 16. H.R. 3870, to Provide Severance Payments to United States Commission on Civil Rights, 2 p.m., Employees of AID who Voluntarily Resign; SD–226. 17. H. Con. Res. 191, Recognizing and Honoring July 31, Full Committee, to hold hearings on pending nominations, 2 p.m., SD–226. the Filipino World War II Veterans; and August 1, Full Committee, business meeting, to con- 18. H. Con. Res. 155, Concerning Human and sider pending calendar business, 10 a.m., SD–226. Political Rights and in Support of a Resolution of Committee on Labor and Human Resources: July 30, to the Crisis in Kosova; hold hearings on S. 1035, to permit an individual to be Note: Any recorded votes will be postponed until 2:00 treated by a health care practitioner with any method of p.m. on Tuesday, July 30. medical treatment such individual requests, 9:30 a.m., Tuesday and the Balance of the Week: Consideration SD–430. of 17 Suspensions: July 31, Full Committee, business meeting, to mark 1. H.R. 3867, Amend the Development Disabil- up S. 1490, to improve enforcement of Title I of the Em- ities Assistance and Bill of Rights Act; ployee Retirement Income Security Act of 1974 and ben- efit security for participants by adding certain provisions 2. H.R. 3868, to Extend Certain Programs Under with respect to the auditing of employee benefit plans, the Energy Policy and Conservation Act through 9:30 a.m., SD–430. September 30, 1996. Committee on Indian Affairs: July 30, business meeting, 3. H.R. 3815, Technical Corrections to Trade to mark up S. 1983, to amend the Native American Laws; Graves Protection and Repatriation Act to provide for 4. H.R. 3592, Water Resources Development Act; Native Hawaiian organizations, and S. 1973, to provide 5. H.R. 3907, to Facilitate the 2002 Winter for the settlement of the Navajo-Hopi land dispute, 9:30 Olympic Games in the State of Utah at the a.m., SR–485. Snowbasin Ski Area and to Provide for Acquisition Special Committee on Aging: July 30, to hold hearings to of Lands within the Sterling Forest Reserve; examine incidents of suicide among the elderly, 9:30 6. H.R. 1786, to Regulate Fishing in Certain a.m., SD–628. Waters of Alaska; House Chamber 7. H.R. 3198, National Geologic Mapping Reau- Monday, Consideration of the following 18 Sus- thorization Act; pensions: 8. H.R. 3557, Marion National Fish Hatchery 1. H.R. 3387, J. Phil Campbell Conservation Conveyance Act; Center; 9. H.R. 3287, Crawford National Fish Hatchery 2. H.R. 2670, Release of Reversionary Interest in Conveyance Act; Michigan Property; 10. H.R. 3287, Walhalla National Fish Hatchery 3. H.R. 3464, Boundary Adjustment in Missouri; Conveyance Act; 4. H.R. 3215, to Repeal the Provision Relating to 11. H.R. 885, Designating Oscar Garcia Rivera Federal Employees Contracting with Indians; Post Office Building; 5. H.R. 2297, to Codify without Substantive 12. H.R. 2700, designating Amos Longoria Post Change Laws Related to Transportation; Office Building; 6. S. 531, Authorizing a Circuit Judge who has 13. H.R. 3139, Redesignating Rose F. Caracappa Taken Part in an En Banc Hearing of a Case to Con- Post Office Building; tinue to Participate After Taking Senior Status; 14. H.R. 3834, Redesignating the Roger P. 7. H.R. 1734, National Film Preservation Act of McAuliffe Post Office in Chicago, Illinois; 1995; 15. H.R. 3768, Designating the Augusta Horn- 8. H.R. 740, Allowing Isleta Pueblo to File blower Post Office in Groton, Massachusetts; Claims in U.S. Claims Court; 16. H.R. 3586, Veterans’ Employment Opportu- 9. H.R. 3680, War Crimes Act of 1996; nities Act of 1996; and 10. H.R. 3435, Lobbying Disclosure Technical 17. H.R. 3118, Veterans’ Health Care Eligibility Amendments Act of 1996; Act; 11. H.J. Res. 113, Granting Consent of Congress Consideration of H.R. 2391, Working Families to Jennings Randolph Lake Project; Flexibility Act (modified open rule, 1 hour of gen- 12. H.J. Res. 166, Granting consent of Congress eral debate); to the Mutual Aid Agreement; Consideration of H.R. 2823, International Dol- 13. H. Con. Res. 142, Regarding Human Rights phin Conservation Program Act (modified closed in Mauritania; rule, 1 hour of general debate); and 14. H.R. 3735, to Reauthorize the Development Consideration of H.R. 123, English as Common Fund for Africa; Language of Government Act (subject to a rule). D826 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 1996 House Committees July 31, Subcommittee on the District of Columbia, hearing on H.R. 3244, District of Columbia Economic Committee on Agriculture, July 31, Subcommittee on Recovery Act, 10 a.m., 2154 Rayburn. General Farm Commodities, hearing to review the Na- August 1, full Committee, hearing on Security of FBI tional Soybean Check-Off Program, 9:30 a.m., 1300 Longworth. Background Files, 9 a.m., 2154 Rayburn. August 1, Subcommittee on Livestock, Dairy, and Committee on House Oversight, July 31, to discuss pend- Poultry, hearing on the following bills: H.R. 3393, Fam- ing business, 10:30 a.m., 1310 Longworth. ily Pet Protection Act of 1996; and H.R. 3398, Pet Safe- Committee on International Relations, July 30, hearing on ty and Protection Act of 1996, 9:30 a.m., 1300 Long- U.S. Interests in the Caucasus Region, 11:30 a.m., and worth. 2 p.m., 2172 Rayburn. Committee on Appropriations, July 31, to consider a re- July 31, hearing on Review of U.S. Foreign Policy, 2 vised 602(b) Subdivision for fiscal year 1997, 10 a.m., p.m., 2172 Rayburn. 2360 Rayburn. August 1, Subcommittee on Western Hemisphere, Committee on Banking and Financial Services, July 29, hearing regarding an Overview of U.S. Policy in Latin hearing on China’s Economic Ascendance: Implications America, 2 p.m., 2172 Rayburn. for the U.S., 1 p.m. 2128 Rayburn. Committee on the Judiciary, July 30 and 31, to markup July 30, Subcommittee on Financial Institutions and the following bills: H.R. 3307, Regulatory Fair Warning Consumer Credit, to markup H.R. 3727, ATM Fee Re- Act; H.R. 3565, Violent Youth Crime Act of 1996; H.R. form Act of 1996, 2 p.m., 2128 Rayburn. 3723, Economic Espionage Act of 1996; H.R. 1499, July 31, Subcommittee on Capital Markets, Securities Consumer Fraud Prevention Act of 1995; S. 1507, Parole and Government Sponsored Enterprises, to continue over- Commission Phaseout Act of 1995; H.R. 3676, sight hearings regarding Fannie Mae and Freddie Mac, 10 Carjacking Correction Act of 1996; H.R. 3874, Civil a.m., 2128 Rayburn. Rights Commission Act of 1996; H.R. 2128 Equal Op- July 31, Subcommittee on Domestic and International portunity Act of 1995; and H.R. 1802, Reorganization of Monetary Policy, to mark up H.R. 3793, 50 States Com- the Federal Administrative Judiciary Act, 1 p.m., on July memorative Coin Program Act, 10 a.m., 2220 Rayburn. 30 and 10 a.m., on July 31, 2141 Rayburn. Committee on the Budget, August 1, to continue hearings August 1, Subcommittee on Courts and Intellectual on ‘‘How Did We Get Here From There?’’ A Discussion Property, hearing on H.R. 3386, Ethical Standards for of the Evolution of the Budget Process from 1974 to the Federal Prosecutors Act of 1996, 1 p.m., 2226 Rayburn. Present, Part III, 10 a.m., 210 Cannon. August 1, Subcommittee on Immigration and Claims, Committee on Commerce. July 31, Subcommittee on Over- oversight hearing regarding the possible shifting of refu- sight and Investigations, hearing on FDA Integrity Issues gee resettlement to private organizations, 10 a.m., 2237 Raised by the Visx, Inc. Document Disclosure, 10 a.m., Rayburn. 2322 Rayburn. Committee on National Security, July 30, Subcommittee August 1, Subcommittee on Health and Environment, on Military Installations and Facilities, hearing on mili- hearing on reauthorization of Existing Public Health tary housing and other quality-of-life infrastructure, 2 Service Act Programs, 10 a.m.; and to mark up the Food p.m., 2212 Rayburn. and Drug Administration Reform Act of 1996, 2 p.m., Committee on Resources, July 30, Subcommittee on Na- 2123 Rayburn. tional Parks, Forests, and Lands, oversight hearing on In- Committee on Economic and Educational Opportunities, July spector General Audit Report of Land Management land 31, to mark up the following measures: H.R. 3876, Juve- transactions in Nevada, 10 a.m., 1324 Longworth. nile Crime Control and Delinquency Prevention Act; July 31, full committee, to consider pending business, H.R. 3863, Student Debt Reduction Act of 1996; and H. 11 a.m., 1324 Longworth. Res. 470, expressing the sense of the Congress that the July 31 and August 1, Subcommittee on Native Amer- Department of Education should play a more active role ican and Insular Affairs, hearing on H.R. 3595, to make in monitoring and enforcing compliance with the provi- available to the Santee Sioux Tribe of Nebraska its pro- sions of the Higher Education Act of 1965 related to portionate share of funds awarded in Docket 74–A to the campus crime, 10:30 a.m., 2175 Rayburn. Sioux Indian Tribe, 2 p.m., 1334 Longworth. Committee on Government Reform and Oversight, July 30, August 1, Subcommittee on Fisheries, Wildlife and Subcommittee on Human Resources and Intergovern- Oceans, oversight hearing on the economic effects of the mental Relations, oversight hearing on Management of New England Groundfish Management Plan, 10 a.m., HUD’s Section 8 Multi-Family Housing Portfolio, 10 1334 Longworth. a.m., 2247 Rayburn. Committee on Rules, July 31, to consider H.R. 123, Eng- July 30, Subcommittee on National Economic Growth, lish Language Empowerment Act of 1996, 3 p.m., Natural Resources and Regulatory Affairs, hearing on H–313 Capitol. EPA Mismanagement of Grants, 9 a.m., 2154 Rayburn. July 31, Subcommittee on Rules and Organization of July 30, Subcommittee on National Security, Inter- the House and the Subcommittee on Legislative and national Affairs, and Criminal Justice, hearing on the De- Budget Process, to continue hearings on Building on partment of Defense’s Bulk Fuel: Appropriations vs. Change: Preparing for the 105th Congress, 9:30 a.m., Usage, 10 a.m., 311 Cannon. H–313 Capitol. July 26, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D827

Committee on Science, July 30, Subcommittee on Energy August 1, Subcommittee on Public Buildings and Eco- and Environment, hearing on Partnership for a New Gen- nomic Development, hearing on the oversight of eration of Vehicles (PNGV) Program, 1 p.m., 2318 Ray- NEXCOM Lease, 1 p.m., 2253 Rayburn. burn. Committee on Ways and Means, July 30, Subcommittee July 31, Subcommittee on Space and Aeronautics, hear- on Health, hearing on H.R. 2976, Patient Right to ing on Space Commercialization Promotion Act of 1996, Know Act of 1996, 1 p.m., 1310 Longworth. 1 p.m., 2318 Rayburn. July 30, Subcommittee on Human Resources and the August 1, Subcommittee on Energy and Environment, Subcommittee on Early Childhood, Youth and Families of hearing on funding Department of Energy Research and the Committee on Economic and Educational Opportuni- Development in a constrained Budget Environment, 10 ties, joint hearing on H.r. 3467, Saving Our Children: a.m., 2318 Rayburn. The American Community Renewal Act of 1996, 10 Committee on Small Business, July 31, Subcommittee on Government Programs and Subcommittee on Education, a.m., 1100 Longworth. Training, Employment and Housing of the Committee on July 31, full Committee, to continue hearings on the Veterans’ Affairs, joint hearing on SBA programs to assist impact of replacing the Federal Income Tax, with empha- veterans in readjusting to civilian life, 10 a.m., 2359 sis on domestic manufacturing and on energy and natural Rayburn. resources, 10 a.m., 1100 Longworth. August 1, full Committee, to continue markup of H.R. August 1, Subcommittee on Trade, to continue hear- 3720, Small Business Investment Company Reform Act ings on the Status and Future Direction of U.S. Trade of 1996, 10 a.m., 2359 Rayburn. Policy, with emphasis on U.S. Trade with Sub-Saharan Committee on Transportation and Infrastructure, July 30, Africa, 10 a.m., 1100 Longworth. Subcommittee on Surface Transportation, to continue Permanent Select Committee on Intelligence, August 1, exec- hearings on ISTEA Reauthorization, Metropolitan Plan- utive, hearing on Bosnia/Iran Arms, 10 a.m., H–405 ning: Metropolitan Planning Organizations and the Plan- Capitol. ning Process, 9:30 a.m., 2167 Rayburn. August 1, Subcommittee on Aviation, hearing on H.R. Joint Meetings 1309, to amend title 49, United States Code, to require National Commission on Restructuring the Internal Revenue the use of child safety restraint systems approved by the Service: July 29, to hold a closed executive session, 2 p.m., Secretary of Transportation on commercial aircraft, 9:30 a.m., 2167 Rayburn. SD–192. D828 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Monday, July 29 12:30 p.m., Monday, July 29

Senate Chamber House Chamber Program for Monday: Senate will resume consideration of S. Program for Monday: Consideration of the following 18 Sus- 1959, Energy and Water Appropriations, 1997. At 12 Noon, pensions: Senate will conduct morning business (not to extend beyond 2 1. H.R. 3387, J. Phil Campbell Conservation Center; p.m.); following which, Senate will resume consideration of S. 2. H.R. 2670, Release of Reversionary Interest in Michigan 1959 (listed above). Property; Senate will also consider H.R. 3754, Legislative Branch Ap- 3. H.R. 3464, Boundary Adjustment in Missouri; propriations, 1997. 4. H.R. 3215, to Repeal the Provision Relating to Federal Employees Contracting with Indians; 5. H.R. 2297, to Codify without Substantive Change Laws Related to Transportation; 6. S. 531, Authorizing a Circuit Judge who has Taken Part in an En Banc Hearing of a Case to Continue to Participate After Taking Senior Status; 7. H.R. 1734, National Film Preservation Act of 1995; 8. H.R. 740, Allowing Isleta Pueblo to File Claims in U.S. Claims Court; 9. H.R. 3680, War Crimes Act of 1996; 10. H.R. 3435, Lobbying Disclosure Technical Amendments Act of 1996; 11. H.J. Res. 113, Granting Consent of Congress to Jen- nings Randolph Lake Project; 12. H.J. Res. 166, Granting consent of Congress to the Mu- tual Aid Agreement; 13. H. Con. Res. 143, Regarding Human Rights in Mauri- tania; 14. H.R. 3735, to Reauthorize the Development Fund for Africa; 15. H.R. 3846, the Microenterprise Act; 16. H.R. 3870, to Provide Severance Payments to Employees of AID who Voluntarily Resign; 17. H. Con. Res. 191, Recruiting and Honoring the Filipino World War II Veterans; and 18. H. Con. Res. 155, Concerning Human and Political Rights and in Support of a Resolution of the Crisis in Kosova; Note: Any recorded votes will be postponed until 2:00 p.m. on Tuesday, July 30.

Extensions of Remarks, as inserted in this issue

HOUSE Duncan, John J., Jr., Tenn., E1390 Levin, Sander M., Mich., E1388 Norwood, Charlie, Ga., E1389 Ehlers, Vernon J., Mich., E1386 McCarthy, Karen, Mo., E1388 Ortiz, Solomon P., Tex., E1392 Canady, Charles T., Fla., E1387 Forbes, Michael P., N.Y., E1389 Manzullo, Donald A., Ill., E1386, E1387 Stenholm, Charles W., Tex., E1389 Coyne, William J., Pa., E1389 Fowler, Tillie K., Fla., E1385 Martini, William J., N.J., E1387 Wamp, Zach, Tenn., E1387 DeLauro, Rosa L., Conn., E1387 Gutknecht, Gil, Minn., E1386 Miller, George, Calif., E1387

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