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

Vol. 142 WASHINGTON, THURSDAY, JUNE 27, 1996 No. 97 Senate The Senate met at 8:15 a.m., and was We met in a casual way, as commuters 1745, the DOD authorization bill. Pend- called to order by the President pro on a train. A few years after that, Fa- ing will be a Nunn-Lugar-Domenici tempore [Mr. THURMOND]. ther Vaghi decided to continue his edu- amendment regarding terrorism, on The PRESIDENT pro tempore. To- cation and to seek to be a priest, and, which there will be 10 minutes of de- day’s prayer will be offered by our for three summers, while he was get- bate time remaining. guest Chaplain, Msgr. Peter Vaghi, St. ting educated, I had the luxury and Following the expiration or yielding Patrick’s Church, Washington, DC. privilege of having him work summers back of time, the Senate will proceed in my office. to a vote on or in relation to the Nunn- PRAYER I found him to be an extraordinary Lugar-Domenici amendment, to be fol- human being. As I saw his extraor- The guest Chaplain, Msgr. Peter lowed by a vote on a motion to invoke dinary qualities then, I am privileged, Vaghi, offered the following prayer: cloture on the DOD authorization bill, from a distance, to watch those ex- Let us pray: if necessary. Almighty God, we call upon You this traordinary qualities develop as he at- day. Make each one of us more deeply tempts in his ministry to lead people in If all debate time is used, Senators conscious of Your presence in our the way of the Lord. I am very grateful can expect those rollcall votes to occur midst and in our lives. Because of You, that he chose to come today, and I at 9:40 a.m. Rollcall votes are expected ‘‘we live and move and have our thank our Chaplain for inviting him. throughout the day on the DOD au- being.’’—Acts 17:28. O Lord, help us see I yield the floor. thorization bill, and a late night ses- sion is expected in order to complete You more clearly in all that we do and f are—particularly in this Chamber action on the bill. where laws are made. RESERVATION OF LEADER TIME I yield the floor. It is Your law, after all, the law of The PRESIDENT pro tempore. Under love which You continue to inscribe on The PRESIDENT pro tempore. The the previous order, the leadership time distinguished Senator from Wash- our hearts which alone gives us peace. is reserved. Lifting our hearts and voices to You, ington, [Mrs. MURRAY] is recognized to f we pray on this June day that ancient speak for up to 10 minutes. Hebrew psalm: ‘‘O Lord, great peace MORNING BUSINESS Mrs. MURRAY. Thank you, Mr. have they who love Your law.’’—Psalm The PRESIDENT pro tempore. Under President. 119. the previous order, there will now be a As servants and guardians of the law period for the transaction of morning f on Earth, give us that peace in abun- business not to extend beyond the hour dance. Fill us with Your peace and of 9:30 a.m., with Senators permitted to SYMPATHIES TO THE FAMILIES love, a love which makes us ever more speak therein for not to exceed 5 min- OF UNITED STATES SERVICE sensitive and vigilant to You and Your utes each. PERSONNEL IN SAUDI ARABIA presence in those we are called to Mr. HATFIELD addressed the Chair. serve. Mrs. MURRAY. Mr. President, let me Almighty Father, continue to en- f just take this opportunity to extend to courage us in all our humble efforts RECOGNITION OF THE ACTING the families of the young men and carried out in Your life-giving name. MAJORITY LEADER women who lost their lives, and who Amen. were injured in Saudi Arabia a few Mr. DOMENICI addressed the Chair. The PRESIDENT pro tempore. The days ago, my heartfelt thoughts and The PRESIDENT pro tempore. The Senator from Oregon is recognized. prayers. able Senator from New Mexico. f It is certainly our duty to protect f SCHEDULE those who we send overseas to protect APPRECIATION TO MSGR. PETER Mr. HATFIELD. On behalf of the Re- us, and we cannot allow terrorist ac- VAGHI publican leader, I would like to indi- tivities to threaten the lives of our Mr. DOMENICI. Mr. President, I rise cate, as the Chair already stated, this young Americans. to thank Msgr. Peter Vaghi for leading morning there will be a period for I really want to commend the Presi- the Senate in prayer this morning and morning business until the hour of 9:30 dent this morning for his strong and to tell the Senate that Reverend Vaghi a.m. Following morning business, the swift action, and again extend my and I have been friends for a long time. Senate will resume consideration of S. deepest sympathies to those families.

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

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VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7068 CONGRESSIONAL RECORD — SENATE June 27, 1996 MFN TRADE STATUS FOR CHINA wan Straits and in the Spratly Islands. changing China, we are having an im- Mrs. MURRAY. Mr. President, I come China is a nuclear power and maintains pact on China today. The next genera- to the floor today to discuss most-fa- a permanent seat on the U.S. Security tion of Chinese leaders will not be So- vored-nation trade status for the Peo- Council. The prospect of China assum- viet trained engineers like the current ple’s Republic of China. The Congress ing the leadership role in Asia has the leaders. Rather, they will be American is set to begin the sixth annual review entire region rattled. Most events in and Western educated; familiar with of China’s trade status. In my mind, Asia—including North Korea, the ex- the United States and receptive to the this is one of the most important pansion of ASEAN, and talk of Japan ideals we preach. Each year, thousands issues, one of the most important de- forming an Army—are all related to of Chinese university students experi- bates the U.S. Senate will undertake and impacted by China. Asia is looking ence America. Every major university this year. This is the first in a series of for signs that the United States will re- in this country is engaged in a quiet di- remarks I will make regarding the im- main an active and engaged player in plomacy that will pay democratic divi- portance of United States-China rela- the region. The United States role in dends for decades. tions. It is my hope that the Congress Asia remains fundamental to United U.S. law enforcement personnel, and this country can begin to view our States strategic and economic secu- judges and legal scholars are aiding in China relations in the broadest possible rity; we are a stabilizing force in Asia the development of the rule of law in terms. Whether we like it or not, our and we must continue this peaceful China. United States Customs per- future interests are intertwined with role. sonnel are assisting the Chinese to im- China. And today’s choices will greatly Some in this country, as a result of plement accepted international trade influence whether our interests coin- China’s military expansion and bellig- norms. American students and univer- cide or collide. erent threats against Taiwan, argue sity professors are scattered through- This month many Americans took that the United States should take a out China interacting with fellow stu- time to remember the Tiananmen more adversarial, confrontational ap- dents and academics, local government Square massacre and the horrible proach to China. We borrowed and leaders, and the business community. events of 7 years ago. Tiananmen spent several trillion dollars to win the Cultural, athletic, military, and sci- Square forever changed the China de- cold war. I think it is foolish to listen entific exchanges are all quietly open- bate in the Congress and in this coun- to those who preach another cold war ing China up to the world. try. This year, on June 4, a young for this country. We owe our children, I recently had a young man from woman was dragged from Tiananmen indeed the children of the world, more China visit my office. He graduated Square by the police for placing a bou- than a second cold war confrontation from a Chinese university in 1980 and quet of yellow chrysanthemums near that will take valuable and limited re- was assigned to a work unit as a teach- the Memorial to the People’s Heroes. sources away from food and shelter, er. As Deng’s economic reforms began, To this day, the Chinese leaders fail to education, health care, and the oppor- this young man was one of the first recognize that actions like this only tunity to prosper in peace. Chinese nationals to leave his work serve to remind the international com- Rather than view China as a threat unit for employment with a foreign in- munity of the ongoing struggle for per- to the United Stats, we must view vestor. Today, he owns an apartment sonal and political freedom in China. China as a challenge and an oppor- many times the size of his childhood The promotion of human rights will al- tunity to shape the world of the 21st home. When we talked about his 6- ways be a fundamental element of my century. China’s evolution from isola- year-old daughter, I could see he has work on China, indeed, human rights tion to world player cannot be stopped aspirations for her that were alien to should always be a priority for United or contained, our task is to work with Chinese thought just a few years ago. States policymakers. the world to integrate the giant as she These types of successes are difficult When this issue is considered by the awakes. for the Congress to factor into the Senate later this summer, I will vote China’s economy is now the third MFN debate because they carry no or- again to renew China’s MFN status. I largest in the world currently growing ganized constituency, and they rarely will vote to renew MFN because it is at an annual rate of 10 percent. It will make headlines. But they are hap- immensely important to every corner become the world’s largest economy pening. of Washington State—where thousands shortly after the turn of the century. As the Senate turns to MFN for of current jobs rely on China trade and China wants to join the World Trade China I am encouraged that so many of where thousands of new jobs stand to Organization and is currently negoti- my colleagues—Democrat and Repub- be created as China integrates into the ating with the United States over ac- lican—have indicated their strong sup- world economy. Having acknowledged cession terms. We have a responsibility port for renewal. Many distinguished the economic importance of this issue to bring China into the global trade Senators from all regions of the coun- to Washington State, I want to stress community and to ensure that China try have spoken on the floor and this and demonstrate that MFN for China is plays by the accepted rules. issue clearly enjoys bipartisan support. in our national interest. I believe the annual congressional In a year filled with partisan Presi- One in five people on Earth live in MFN exercise for China has outlived its dential rhetoric, it is truly noteworthy China. More than 1.5 billion people usefulness. The annual review, in my that so many public officials including speak a Chinese dialect. More than mind, encourages uncertainty and in- both Presidential candidates are speak- one-half of the world’s population lives consistency and may actually harm, ing out in favor of MFN renewal. within 5-hour flight radius of Hong not help, United States interests. Each Next year, I intend to urge the ad- Kong on China’s southern border. It is year, as the MFN debate approaches, ministration and Congress to end the an immense population that impacts us the administration and the Chinese en- annual MFN renewal debate for China. all in so many ways—the world’s food gage in a chest thumping nationalistic Some may consider this an optimistic supply, pollution problems, and the use exercise; each side claims to have co- view, but I genuinely believe that we of natural resources to name a few. erced and resisted the other. The Re- will make more progress on human Thanks to technology—in communica- sult is every summer the United rights, on trade matters, and on Asia tions and in travel—the world is States-China relationship is put on security if we move away from the an- shrinking. Neither the United States hold or setback for many months. Dur- nual review of MFN. nor China can hide from the fact that ing this period, all constructive en- Instead of the annual MFN vote, I in- we are being drawn closer together gagement with the Chinese is slowed or tend to urge the administration, re- each and every day. The United States halted—CD’s continue to be pirated, gardless of political party, to take has the ability to cooperatively influ- activists continue to be arrested, and China relations to the next important ence China’s development; we must not United States jobs are lost as trade op- level. This has to include a state visit shy from this opportunity to aid both portunities go elsewhere. to China by the President and a recip- the American and the Chinese people. One of my greatest frustrations with rocal visit to Washington by China’s China’s military presence in Asia is the annual MFN exercise is our failure President Jiang Zemin. A regular dia- increasing; as demonstrated in the Tai- in Congress to realize that we are log between our two leaders can make

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7069 a significant difference in our efforts to The PRESIDING OFFICER (Mr. many generations that were connected engage China on all of the issues of im- BURNS). The Senator from Vermont, that day, from her Italian immigrant portance to the United States. Mr. LEAHY, is recognized for the next 15 parents, my grandparents, who came to I do not suggest that Congress cede minutes. this great country with nothing but all interest in China to the administra- Mr. LEAHY. I thank the Chair. the faith in our Nation and their own tion. Rather, Congress and the admin- f skills, to the children and the grand- istration have to work together to de- children and the great grandchildren MY MOTHER, ALBA LEAHY ploy all of our policy and legal tools to surviving her today. influence Chinese behavior. It is time Mr. LEAHY. Mr. President, 12 years Throughout it all, we talked of the for the Congress to trade in the annual ago, I stood on the Senate floor to give total love of Alba and Howard Leahy summer verdict on China for a more the most difficult speech I have ever and how she had mourned him since he activist, longer term approach to China given. I gave a eulogy to my father and died even as she continued the love and the important Asia Pacific region. a remembrance of his life. Today is they both had for their children and The administration’s intellectual also such a difficult time as I remem- their children’s children. property rights dispute with China is ber my mother, Alba LEAHY, and her Her physician, Dr. David Butsch, told one example of United States interests life which ended last month. us of the influence she had had on him working cooperatively on a specific It was an ending not really expected and his wife and their children and how China problem. Congress backed the because while she was aging, she was of she was one of those special people one administration throughout this proc- a family where so many lived well into often meets only once in a lifetime. ess, and as a result we had a widely their 90’s, but it appeared that she was Her granddaughter, Theresa Leahy, supported, justifiable response to Chi- more ready to leave than we were told how she always turned to her nese piracy. The Chinese knew the seri- ready to have her go. grandmother for advice and encourage- ousness with which the United States So as I stand on the floor of the Sen- ment—and it was always there for her viewed this issue, and there is no doubt ate today, I remember a trip with my even to the last day of her life. As The- in the United States resolve. United mother just a matter of weeks before resa stood on the altar and faced that States negotiators were invited by the she died. It was one of those beautiful congregation, it was so obvious the Chinese back to the negotiating table, clear days in Vermont when our State special bond they had. and as a result an agreement was moves from winter to spring, and even Her grandson, Kevin Leahy, said, reached. China has taken or agreed to though there was snow on the ground, ‘‘My grandmother defined her life by a number of important steps to address the sky was a bright blue and the warm the people who shared it with her. It our concerns. Sun caused the snow to drip from the was family; it was relationships; it was These Chinese actions include the trees and the brook to run in and out her friends and the friends she made confirmed closing of 15 factories that through the ice beside our home. into family that defined her, and it was were pirating our technologies, a sus- My mother and I had driven to our through the stories she would tell of tained police crackdown in regions farmhouse in Middlesex, VT. It was the the people that meant so much to her where piracy is rampant, and closer co- same farmhouse that she and my fa- that Grandma showed how much she operation with United States and Hong ther bought back when I was only 17 loved so many people.’’ Kong custom officials to stop these pi- years old. We talked of the hundreds of Marcelle and I had talked with her rated exports. friends my parents had for meals and just a few hours before she died as we I want to take this opportunity to conversation and companionship at were actually making plans for our commend Charlene Barshefsky, our that farm. We talked about how my next time together, plans for just a few acting U.S. Trade Representative, and wife, Marcelle, and I had our first date days later. her negotiating team. Ambassador at that farm and our honeymoon there My brother John and his wife Jane, Barshefsky, I am convinced, will be a and how eventually the farm became had seen her just a few days before. spectacular Trade Representative, and Marcelle’s and mine. And my sister Mary, who gave so much I am anxious for the Senate to begin I still remember sitting in that living of herself in caring for our mother her confirmation process. room, the mountains in the distance, after Dad died, was with her at the end, I believe the IPR example serves as a and the Sun coming through the win- as she had been every time Mother had useful model to move our China rela- dows behind where my mother was sit- needed her. tionship forward. Our relationship with ting, Sun that glowed on her white When we left the funeral, and re- China is our most complex and our hair. Then we talked, as we had occa- turned to the farm in Middlesex where most difficult. Our successes are hard sionally during the past year, of death my mother and I had talked of the day to measure and our frustrations with and dying, and I promised to give this I would give this eulogy, it was to cele- them are difficult and easily recog- eulogy as I had for my father when brate her life. nized. that time came, and she quickly said, Her grandchildren, Theresa, Kevin, Before concluding, let me restate my ‘‘Don’t make it sad. I have had a very Alicia, and Mark, together with purpose in speaking this morning. The good life except that I miss your fa- Kevin’s wife, Christianna, Alicia’s hus- United States and China are at a cru- ther.’’ band, Rob were there and we were cial moment in time. Our interests So as I prepared for today, the memo- joined by Mark’s wife, Kristine, by today and into the next century are ries came back of the mother I knew phone. Mother’s older sister, Enes and linked. They cannot be separated or ig- who read to me, who stayed awake all sister Anne, husband, Matt, and broth- nored. As policymakers, what we do in night to care for me when I nearly died er Louis and wife Myrth joined John, this Chamber will go a long way to- of pneumonia as a child, who baked me Jane, Mary, and Marcelle and me as we wards determining whether those cookies to bring back to college, who remembered with joy her life. She shared interests coincide to the mutual stood with my father at my wedding, would have been so pleased as she saw benefit of the American and the Chi- the christening of our children, all the people who came through the nese people or whether those interests through election nights, and as I took house representing friendships going collide and create an adversarial rela- the oath of office in the Senate. back more than 50 years straight tionship clouded by suspicions. I thought of the number of times she through to the present. I believe we have to engage the Chi- would go to functions with me in Stories were told of the years my nese side—on all of the issues of impor- Vermont, especially after my father parents owned and ran the Waterbury tance to the American people—and in died. Both of them enjoyed going to Record newspaper, how they founded the coming days I look forward to en- such events with me. and ran the Leahy Press until selling it gaging my colleagues in greater discus- So at the funeral in Vermont last upon retirement, of their early court- sion about the importance of United month, friends and family joined us at ship, life at 136 State Street and Three States-China relations. St. Augustine’s Church in Montpelier, Dover Road, Mom’s volunteer stint as a I thank the Chair. I yield the floor. the church where my parents had been State House guide after Dad died, her Mr. LEAHY addressed the Chair. married 60 years ago. We spoke of the caring for us all with love and ‘‘good

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7070 CONGRESSIONAL RECORD — SENATE June 27, 1996 butter and eggs’’ and a smile that lit Wheeler. Reflections were offered by Dr. the students are going to be the ones to the room. David Butsch, Theresa Leahy and Kevin light the candle. And as we laughed and cried, remem- Leahy. I think that this resolution and this bered boisterously and loved silently, Bearers were Kevin Leahy, Mark Leahy, Robert Zambon, Carl Zambon, Rob Wheeler, pledge effort is important because it Kevin’s words as he finished his eulogy J. Wallace Malley Jr., and Tim Heney. Ush- calls upon the students to be their own in the church, came to me: ers were Fred Bertrand, Tom Ford and Paul best selves, and I think the students We are not sad today. No matter how much H. Guare. are ready to do so. we may hurt, no matter how much we miss Burial was in Green Mount Cemetery in It is really shocking to me that when you, we are happy about and grateful for ev- Montpelier where committal prayers were I am in schools and I ask students, erything you showed us and for bringing so offered by Father Gaudreau, Father Haskin ‘‘What are the most important issues many of us together with your stories, your and Father Davignon. laughter, and your love. to you, what are the concerns of your Mr. LEAHY. Mr. President, I suggest lives; you do not have to be an expert, Today, I remember with joy with the the absence of a quorum. just tell me,’’ almost always, whether life of my mother. The PRESIDING OFFICER. The it is in the inner-city schools or wheth- I ask unanimous consent that two ar- clerk will call the roll. er it is in rural Minnesota or whether ticles from the Times-Argus, in The legislative clerk proceeded to it is suburban schools, they say vio- Vermont, be printed in the RECORD, call the roll. lence. and yield the floor. Mr. WELLSTONE. Mr. President, I I do not remember the exact statis- There being no objection, the articles ask unanimous consent that the order were ordered to be printed in the tics, but I think about every 2 hours a for the quorum call be rescinded. young person is killed by someone RECORD, as follows: The PRESIDING OFFICER. Without using a gun in our country. I think ALBA Z. LEAHY objection, it is so ordered. every 4 hours a young person, that is 18 MONTPELIER.—Alba Zambon Leahy, 86, died f years of age and under, takes his or her May 5, 1996, in Central Vermont Hospital in Berlin. A PLEDGE AGAINST VIOLENCE life. These are pretty devastating sta- tistics for any of us in the Senate to Born in South Ryegate on Aug. 21, 1909, she Mr. WELLSTONE. Mr. President, I accept, for any of us who are parents or was the daughter of Peter and Vincenza come here to the floor today to speak Zambon, and attended schools in Vermont grandparents to accept, for any other on a resolution that later will be sub- and New Hampshire. citizens in our country to accept. mitted by Senator BRADLEY from New On June 1, 1936, she was married to Howard I do not know that there is any guar- Francis Leahy in St. Augustine Church in Jersey. It is a resolution that I intend antee of success for this resolution Montpelier. They owned and operated the to submit with him. Senator BRADLEY Waterbury Record, a weekly newspaper, and was unable to be here this morning at that Senator BRADLEY and I will sub- Leahy Press in Montpelier. Their interest in this time. I am faced with a personal mit, which will be part of a pledge ef- Leahy Press was sold when they retired in health situation with my daughter fort around the country. But I think the 1970s. During retirement, Mrs. Leahy was back in Minnesota, so I do not have many students are willing to step for- a volunteer guide at the Vermont State ward and to light a candle. I think House, an active parishioner of St. Augus- any prepared remarks, but I think the resolution is important, and I just there are going to be students around tine Church and a member of Vermont Fed- the country who will do this as an ex- eration of Women’s Clubs of Vermont in want to take a minute or two to speak emplary action. Montpelier. about it. Survivors include one daughter, Mary This is going to be a resolution that You know what, Mr. President, some- Leahy of Marshfield; two sons, John Leahy deals with asking students throughout times it just takes a few people to step of Clayton, N.Y., and Sen. Patrick Leahy of our country to declare that they will forward and, through their actions, Middlesex; several grandchildren and great- never bring weapons to school, that they provoke the hopes and aspirations grandchildren; one brother, Louis Zambon of they will not use a weapon to settle of other people. I think students will Ohio; two sisters, Enes Zambon of Shelburne step forward and will sign this pledge and Anna Donovan of West Yarmouth, Mass. disputes, and that they will use their Mr. Leahy died in Feb. 7, 1984. Two broth- influence among their friends to say, in a lot of different schools across our ers, Severino Zambon and John Zambon, are ‘‘There’s no place for guns and vio- country, in rural and suburban and also deceased. lence.’’ inner-city schools. I think by doing so, A Mass of Christian Burial will be cele- As I said, I am not prepared to speak it will not be cynical, it will be posi- brated Wednesday at 11 a.m. in St. Augustine about the resolution at great length tive, it will be full of hope, and I think Church. Burial will be in Green Mount Ceme- this morning, but I do think it is im- a lot of discussion will take place tery. around this effort. Calling hours will be held Tuesday from 7 portant—very important. I think the to 9 p.m. at Guare & Sons Funeral Home, 30 cynical view about such a resolution is, I think those students who do this School St., Montpelier. ‘‘Sure, to ask students across the coun- first will be setting an example, setting Memorial contributions may be made to: try to take such a pledge, how many of a model. I think just by signing the Sisters of Mercy Retirement Fund, 100 Mans- them are going to do it and is it really pledge and talking to others about field Ave., Burlington, VT 05401. going to make any difference at all? signing the pledge, about not bringing guns to school, not using guns to settle ALBA LEAHY RITES Those students who bring guns to schools, for a whole myriad of reasons, disputes, taking a nonviolent approach, MONTPELIER.—A con-celebrated funeral will be the last ones to sign a pledge or trying to deal with guns and violence Mass for Alba Zambon Leahy who died May among young people, it can be one real- 5, 1996 in Central Vermont Medical Center in who, if they sign a pledge, the last ones Berlin, was offered Wednesday at 11 a.m. in to ever live by it.’’ ly significant thing for our country. St. Augustine Church. Con-celebrants were I actually think maybe it is the cyni- I am pleased to speak about this, al- the Most Rev. Moses Anderson S.S.E., the cism that we ought to overcome. There though today I do not have prepared Rev. Bernard E. Guadreau, pastor of the is a wealth of talent. I am in a school text. When Senator BRADLEY submits church; the Rev. Rick Danielson, parochial in Minnesota every 21⁄2 to 3 weeks dur- his resolution, I will be very proud to vicar of the church; the Rev. Charles ing the school year. There is a wealth submit it with him. Davignon, the Rev. Marcel Rainville, S.S.E.; Mr. President, I suggest the absence and Deacons Regis Cummings and Dan of talent and good will and positive at- Pudvah. The Rev. Jay C. Haskin was the titudes in students across our country. of a quorum. principle celebrant. We do not hear enough about them. The PRESIDING OFFICER. The Organist Dr. William Tortolano, provided There are other students who bring clerk will call the roll. accompaniment for soloist Martha guns to school because they feel they The bill clerk proceeded to call the Tortolano, who sang ‘‘All Creatures of Our have no other choice but to protect roll. God and King,’’ ‘‘Ave Maria,’’ ‘‘Agnes Dei,’’ themselves. Someone has to light a Mr. BRADLEY. Mr. President, I ask ‘‘Panis Angelious,’’ ‘‘I Love You Truly’’ and unanimous consent that the order for ‘‘Hymn of Joy.’’ candle. Somebody has to light a candle. Scriptures were read by Sister Rose I think this resolution we are going to the quorum call be rescinded. Rowan. Offertory gifts were brought to the submit and this pledge effort across the The PRESIDING OFFICER. Without altar by Theresa Leahy and Alicia Leahy country is important, because I think objection, it is so ordered.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7071 YOUNG PEOPLE AND GUN both sides of the aisle to make this know. And there is some merit to the VIOLENCE very clear statement. 200 years thing. Mr. BRADLEY. Mr. President, I I might say, this is an initiative that I want to talk a little bit this morn- would like to alert the Senate that in was started in the State of Minnesota, ing—and I will be joined by a number the week of July 9, when the Senate re- and it was started by some very public- of my colleagues—about health care turns after the recess, Senator spirited citizens who will have a big and about the issues that surround WELLSTONE and I, and a number of impact on, I think, the whole history health care. I suppose, in a broader other Senators on both sides of the of this country if we can get this sense, we are talking about choices, aisle, will be submitting a resolution pledge as popular in schools across this talking about issues, and the choices that will designate October 10, 1996 as a country as Reeboks are today or Nikes we have among issues, the choices that day of national concern about young or any of the other shoes that people we have as to the ways in which we can people and gun violence. want to wear when they are younger accomplish the things that all of us The announcement, I think, will be than you or me. want to accomplish. broad enough to include all segments Mrs. BOXER. Will the Senator yield I do not think there is a soul in here of the political spectrum in a resolu- for one more question? who does not want to move forward tion to urge the reduction of gun vio- Mr. BRADLEY. Certainly. with health care. There is no one in the lence among young people in this coun- Mrs. BOXER. The reason I have Congress, there is no one in the coun- try. I believe that this is a very impor- asked the Senator to yield again is be- try who does not want to create a pro- tant initiative. There will be more in- cause I am so pleased about this initia- gram in which there are greater oppor- formation to come. This is simply to tive. tunities for American families to have highlight the point that the first week What the Senator is saying is that access to superior health care. Nobody back will be a major effort to get the responsibility is very key here. Clearly, quarrels with that. Senate on record to make a very clear if young people decide it is out of fash- The quarrel, of course, comes in, how statement about young people taking ion to carry a weapon of choice, even do you do it? There are legitimately pledges against the use of guns in their though they can still buy one for $25 different views as to how you accom- lives. because they can get these junk guns, plish the things that we want to ac- Senator WELLSTONE spoke about that that will be a tremendous step forward. complish. earlier today in morning business. I thank the Senator for bringing it to Unfortunately, some of it is pro- Mrs. BOXER. Will the Senator yield the Senate’s attention, and I hope he motional rhetoric. We make great for a question on that point? will add me as a cosponsor to this ef- speeches about wanting to do this, ac- Mr. BRADLEY. Yes. fort. complish health care for American Mrs. BOXER. I thank the Senator, Mr. BRADLEY. I thank the Senator families and so on, but then when we and I want to ask him a question. I from California. I certainly will. I hope get down to it, why, there are dif- have introduced a bill with the Senator that by the time we introduce this res- ferences. One of the differences, of from New Jersey and with the Senator olution in July we will have 100 cospon- course, was highlighted in the last 2 from Rhode Island, Senator CHAFEE, sors. years when the proposal was to have a which would essentially extend the ban Mrs. BOXER. I agree. federalized health care program—a le- on imported junk guns to junk guns Mr. BRADLEY. This is something gitimate point of view: Have the Fed- made here. I cannot praise the Senator that should be an unequivocal message eral Government provide basically enough for bringing this issue to our for anybody in the Senate that cares health care for everyone in this coun- attention. about gun violence and young people in try. That idea was rejected, soundly re- Is it not true that nationally now the America, which I presume is every jected, I think, throughout the coun- leading cause of death among young Member of the U.S. Senate. try. I happen to think that was a good people from date of birth to age 19 is I thank the Chair and the managers idea to reject it, that we are better off guns? In my home State of California, for yielding. to strengthen the opportunities for it is the first leading cause of death. Mr. President, I suggest the absence health care in the private sector. Is that the Senator’s understanding, of a quorum. So that is where we are. I have to tell and will he, at the time he brings this The PRESIDING OFFICER. The you that sometimes one wonders if the resolution, look at legislation like clerk will call the roll. opposition to what we are doing now is this, discuss it so that the American The bill clerk proceeded to call the not an effort to move back to the idea people can be aware there are things roll. of having the Federal Government pro- we can do to stop the proliferation of Mr. THOMAS. Mr. President, I ask vide health care for everyone. But nev- these junk guns? unanimous consent that further pro- ertheless, now we are on a new track. Mr. BRADLEY. As the Senator from ceedings under the quorum call be re- Now we are on the idea of, how do we California knows, I agree with her and scinded. strengthen the health care program in with Senator CHAFEE wholeheartedly The PRESIDING OFFICER (Mr. the private sector? on the handgun issue. But the resolu- DEWINE). Without objection, it is so or- I guess the real question we ought to tion that we will be bringing forward dered. The Senator from Wyoming is ask ourselves is, can we do better in when we come back in July is a very recognized for 30 minutes. providing health care? And the answer simple resolution. It is aimed at young Mr. THOMAS. Thank you. is, yes, of course, we can. We have people in the country to get them to f made some progress in the last couple take action. years, made it in the private sector. It will establish October 10 as a na- HEALTH CARE IN AMERICA In my State of Wyoming, there has tional observance to counter gun vio- Mr. THOMAS. Mr. President, we been substantial progress made in lence, and it will ask young people wanted to continue our effort with the terms of recognizing what can be done across this country to take a pledge freshmen focus to bring to the Senate to bring together the doctors and the that, one, they will never carry a gun some of the views that from time to hospitals and to share among different to school; two, they will never resolve time may be unique because we are towns the kinds of services that are a dispute with a gun; and three, they freshmen, unique because this is the available but cannot be available in will try to use their influence with first term we have served here, I sup- every small town. So we are making their friends to keep them from resolv- pose unique because, perhaps, we are a progress. ing disputes with guns. little impatient to move forward. We have the opportunity to make a That is the resolution. That is what Of course, all of us have great respect good deal more progress right here in our hope is that this will become a for the traditions, but sometimes it is this place in the next week. We should very popular thing in the country a little discouraging to say, ‘‘Gee, we have made it 3 weeks ago, but we have among young people; that we will begin ought to be doing something a little not, because there has been an obstacle to see that influence felt across Amer- different,’’ and to hear, ‘‘Well, it’s the to progress. It is sort of discouraging ica; that we will have cosponsors on way we’ve done it for 200 years,’’ you that my friends on the other side of the

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7072 CONGRESSIONAL RECORD — SENATE June 27, 1996 aisle put out a statement saying, There are philosophical differences, preexisting conditions should not keep health security, we want the port- and I understand that. There are philo- someone from having private health in- ability of health care, elimination of sophical differences in most everything surance. preexisting conditions, guaranteed re- we approach here. That is healthy. It allows small businesses to join and newability. This is what the Democrat There are going to be philosophical dif- form purchasing cooperatives so that leadership committee put out a month ferences in the election. That is what you get some kind of volume advantage ago. elections are about. That is what we in small businesses. Pretty simple We have that bill before us, Mr. will be deciding, the direction, whether stuff, but it is useful and can help with President. We have that bill. We have or not we are going to have more Fed- the problems that exist there. had that bill since April, ready to be eral Government, more expenditures at moved forward. But, unfortunately, we the Federal level, or whether, in fact, All these measures go, I think, to the have had the objection of Members on we move some of these decisions closer core of what American families want. the other side of the aisle that have to people and move them closer to the They want availability of health care, not allowed it to move. I hope that we States and to the cities from which they want it in the private sector, they can do that. families will receive the services. want choice. That is what this bill is We support reform of health insur- So, of course, there will be dif- about. ance. We support reform of availability ferences in philosophy. Republicans be- I certainly urge our friends on the of health care and have done a great lieve Americans should be in charge of other side of the aisle to not resist deal about it over the last couple of their own decisions with respect to movement on this bill. We have an op- years, starting, I suppose, with Medi- health care. One of the great con- portunity now. That is why we are care, the idea of strengthening Medi- troversies in this bill, one of the things here, to accomplish things. We are care so that over a period of time that that has kept it from moving, is the moving down to where I think there is available to the elderly. There is no idea of medical savings accounts. Med- are 25 or 26 work days left in this ses- question that if we do not make some ical savings accounts provide an oppor- sion. We have a lot of things to do. We changes in Medicare, it will not be tunity for people to make their own de- have spent a lot of time on this. It is there. We have proposed those changes. cisions with respect to expenditure of not as if it has not been discussed. We We have been for those changes, those money. They provide the opportunity need to move forward. changes to strengthen Medicare, to for people to save, to cut down on the The question, I suppose, we ask our- make it available to the elderly, to utilization of health care, and at the selves in health care, as in other areas, make it continue to be available after same time be able to choose the health but particularly in health care because 2001, at which time the trustees say it care program they think is best for all of us are involved, it affects every- will fail if we do not change it. their family. one, all of our kids, and all of our fami- Medicaid, health care to the low-in- Employers can accumulate over the lies, the question is, can we do better? come families of this country, we sug- years dollars that can be spent for em- Of course we can. Of course we can. It gested much of that be transferred to ployees. It has been proven and several is not the job of the Federal Govern- the States so that decisions can be recent reports confirm that out-of- ment or the Senate to provide health made that fit the needs of the various pocket expenses would decline and ben- care for everyone. It is the job of the States. Mr. President, our health care efit all Americans. That is part of this Senate, in my view, the job of the Fed- needs, our distribution system in Wyo- package. Unfortunately, our friends eral Government, to provide an envi- ming must be different than the pre- across the aisle would prefer the status ronment in which the private sector siding officer’s State of Ohio. So we quo and refuse to give medical savings can do what we want to have it do, and need to have the opportunity for our accounts a try. They think it deviates that is provide an opportunity for all too far from the idea of the Federal States to work in Medicaid. That has Americans to have access. We ought to Government controlling. We think that been a proposal that we have been for- just do it. The time has come to just do warding. is the right thing to do. We have favored, and continue to The Kassebaum-Kennedy bill has a it. favor and urge, the acceptance of re- good many things that we need to do. Mr. President, I yield to my friend form in the private sector. We have Certainly it is not a panacea for all from Minnesota who has joined in the been eager to pass insurance reform, health care, but it moves us in the di- freshman focus this morning. which is out there, which is available rection of fixing some of the things The PRESIDING OFFICER. The Sen- now. In March, the House passed his- that need to be fixed. I happen to be ator from Minnesota. toric legislation to make insurance very interested and involved in rural Mr. GRAMS. Mr. President, I join my more portable for families. In April, health care. There are unique things colleagues today in issuing our call and the Senate did the same thing. Sixty- about rural health care that need to be asking our Democratic friends on the five days have passed, and still no bill. changed. Unfortunately, this does not other side of the aisle to end that fili- I think we have to say to ourselves, address them, but it does make some of buster of the Kassebaum-Kennedy ‘‘Let’s just do it. Let’s do it.’’ But the changes that we need to make to Health Insurance Reform Act. there continues to be opposition. The cause health care to be more available, Democrats have blocked appointment more useful for Americans and Amer- Most Americans probably are un- of the conferees, so there is no move- ican families. aware that the Democrats are blocking ment in this area in which they say Job lock—we all know of people who a final vote for portable health insur- they are for: portability of health care, would like to move forward with the ance for millions of Americans, as our elimination of preexisting conditions, opportunities of jobs and to change friend from Wyoming has pointed out guaranteed renewability. I say, come jobs and to move up in the economic this morning. on, let us do it. You say you want to do stratosphere, but they are concerned Mr. President, our Founding Fathers it. Now is the time. about doing that because they lose established the filibuster as the par- President Clinton has hinted at health care, particularly folks that are liamentary tool for use by the minor- vetoing the bill. I hope that does not a little older. This changes that and ity in the Senate to ensure that, unlike happen. On the other hand, Mr. Presi- provides portability for health care, in the House of Representatives, any dent, frankly I am getting a little something most everyone agrees with. issue would have a full and open de- weary of the idea, ‘‘We don’t do that It has to do with allowing people to bate—without limitation by the major- because the President may veto it.’’ have insurance, despite the fact that ity. In the past, it was common to have That is the President’s prerogative, but there are preexisting conditions. If we only about one, maybe two filibusters it is our opportunity and responsibility are going to be in the private sector throughout a session of Congress. Yet, in the Congress to do those things we with health care, then people have to despite President Clinton’s remarks think are right, to pass bills we think be insured. It may cost more for every- lately that the Senate Democrats are right. If the President vetoes them, one. I guess that is what insurance is ‘‘have not abused the filibuster in their that is his decision, but we ought not about, spreading the risk. We think we minority position the way Republicans to fail in moving, in doing our part can do something about it in our State. did * * *’’ their record shows dif- simply because of that. We have risk pools. They work. But ferently.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7073 Unfortunately, the President and I from American people who desperately Over the last few weeks, the majority disagree in our interpretation of the need this legislation, I believe it is rep- leader has sent numerous compromise word ‘‘abused.’’ In the 102d Congress, rehensible that the Senator from Mas- proposals to opponents of MSA’s, and when the Republicans were in the mi- sachusetts has decided to filibuster the they still complain that our proposal is nority, we filibustered 40 times. Yet joint priority of health insurance re- too broad. I disagree. the Democrats, this Congress, have al- form for political power rather than Mr. President, when President Clin- ready filibustered more than 66 times good policy. ton has indicated his support for the and we still have another 6 months to Since it has been 2 months since we Kassebaum-Kennedy bill, the Senate go before the end of this legislative ses- debated the Kassebaum-Kennedy legis- passed the same bill unanimously and sion. lation, I want to highlight again what we have continued to compromise on Mr. President, I will highlight just a the Senator from Massachusetts is de- the main issue of concern for the Sen- few of bills that our Democratic col- nying to 15 million Americans who will ator from Massachusetts who claimed leagues have filibustered in the last 15 benefit from this legislation. First, earlier this year that Republicans were months. Those bills include term lim- portability, ensuring that when an in- denying a vote on the bill, I find it all its, the line-item veto, welfare reform, dividual wants to change a job they very suspicious in this year of Presi- product liability reform, and others. can take their health care with them. dential elections. Despite Republican willingness to com- They will not lose it. Next, limiting We should pass the Kassebaum-Ken- promise and to work with the minority preexisting condition exclusions. That nedy conference report, and we should to achieve legislation amenable to all, is, ensuring that individuals who have urge the President to sign the bill at they have continued to filibuster legis- played by the rules when they are the earliest date possible, again, so lation which national polls have shown healthy get to maintain their health that 15 million Americans awaiting its most Americans want passed by over- insurance when they are diagnosed enactment can go to bed knowing that whelming margins. with a potentially costly medical con- they have portable health insurance. Mr. President, I want to again em- dition. We should not allow insurance Mr. President, I yield the floor to my phasize that these are Democrat-led companies to only insure the healthy. good friend from Wyoming. filibusters—nothing more and nothing If this were to occur, taxpayers would Mr. THOMAS. I thank the Senator. I less than Democrat gridlock. There is be required to pay for their care under am now glad to be joined by our col- no question that the most egregious the Medicaid Program, which we all league from Pennsylvania. First of all, Democratic filibuster this session has know is having difficulty sustaining its on April 23, this was published, the Senate Democratic Action Agenda. It been by the Senator from Massachu- current number of beneficiaries today. says, ‘‘health security, payroll secu- setts in his effort to delay final passage Most importantly, Mr. President, rity.’’ Then it turns to health security of the Health Insurance Reform Act. this Democrat filibuster is denying working Americans the opportunities and says ‘‘portability of health care.’’ The Senate considered this legislation to save money to pay for unexpected This is on the 23d of April, this action almost 2 months ago, yet the Senator health care costs. agenda. We have that available. We from Massachusetts, the original co- A recent study reported by the Bu- have it here. We have had it for 65 author with Senator KASSEBAUM, is reau of National Affairs stated in its days. filibustering this important bill be- June 6 edition that a Workplace Pulse So I guess the real issue is that it is cause he wants to deny hard-working Survey of 1,000 workers, conducted one thing to talk the talk and another Americans the ability to put a portion back on May 20 to May 24 by the Mar- thing to walk the walk. We have an op- of their pretax earnings into a savings keting Research Institute, for Colonial portunity here to do that, to make it account that would be designated for Life & Accident Insurance and the Em- available to families, to have health medical expenses. ployers Council on Flexible Compensa- care for children. What we really ought Mr. President, if you will recall ear- tion, found the following: 87 percent of to do is just do it. lier this year, the Senator from Massa- respondents believe that Congress I yield to my friend from Pennsyl- chusetts and the distinguished minor- should allow medical savings accounts vania. ity leader, a number of times, alleged to be tax free; 4 of 10 full-time working Mr. SANTORUM. I thank my col- that Republicans were holding up the Americans, with health insurance, league. bill, even refusing to allow a vote on it. would be more likely to change jobs if Mr. President, I think it is inter- Unfortunately, our desires to review Congress enacted legislation man- esting to, first, understand why this the final legislation in consultation dating the portability of their insur- bill is being held up. It is being held with our Governors, State health offi- ance. up—at least the reason given that it is cials, industry officials, health and Now, the Senator from Massachu- being held up—because there is an ob- care providers, and, most importantly, setts alleges that medical savings ac- jection to the concept about the pro- our constituents, were perceived as ob- counts are only for the wealthy; yet, posal known as medical savings ac- jections or opposition to the Kasse- one of the wealthy groups who would counts. Now, I have had town meetings baum-Kennedy bill. benefit from MSA’s is a group the Sen- about medical savings accounts ever This, however, was not the story told ator usually rallies behind, and that is since I first introduced a medical sav- by our Democratic colleagues. A final the United Mine Workers. Currently, ings account bill. I was the first Mem- agreement for consideration was en- the United Mine Workers have medical ber of the House to do so in January tered into on February 6 to debate the savings accounts; however, they do not 1992. I had been holding town meetings Kassebaum-Kennedy Health Insurance get fair tax treatment because they are in the Pittsburgh area when I was a Reform Act on April 18 and 19, giving taxed on the amount that they have in Congressman, as well as across Penn- all 100 Senators ample time to consult, those savings accounts for health care. sylvania. review, and improve, prior to floor de- Mr. President, continued efforts by a I consistently find one thing—most bate. When all the statements were few Senators on the other side of the people do not know what medical sav- made and amendments considered, this aisle are undermining the ability of ings accounts are. The few that do, body approved the Kassebaum-Kennedy this body to prove to the American when I ask them to explain them, usu- legislation by a margin of 100 to 0. De- people that we do listen, we do care, ally do not do a very good job explain- spite our diverse membership, the and that we can come together on im- ing what they are. unanimous vote shows our strong sup- portant issues to find a compromise Let us explain what is the big holdup port for expanding health insurance to and ultimately enact serious and sen- here. Why are medical savings ac- more Americans. Even President Clin- sible health insurance reform legisla- counts so bad? What do they threaten? ton urged passage of this legislation in tion. What damage can they do? How will his State of the Union Address early Now, the definition of compromise, they disrupt the health care system? this year. according to Webster’s, is ‘‘meeting Why is this such a horrible thing that Mr. President, in light of President halfway, coming to terms by giving up we can hold up what most Members—in Clinton’s support, the unanimous Sen- part of a claim.’’ Mr. President, Repub- fact, I think all Members—would like ate support, and the millions of cries licans have compromised. to see done and believe needs to be

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7074 CONGRESSIONAL RECORD — SENATE June 27, 1996 done to help the current system be bet- to giving individuals powers to make AMENDMENT NO. 4349 ter. That is what the Kassebaum-Ken- medical decisions on their own, giving The PRESIDING OFFICER. Under nedy bill does. It improves the current individual power in America? the previous order, there will now be 10 system of health care delivery in the I think you sort of have to step back minutes of debate equally divided on private market health insurance sys- and say, well, let us recall who were amendment No. 4349. tem. moving forward with the Clinton care Mr. NUNN. Mr. President, what is the So let us ask what medical savings health plan and what that plan did. pending amendment? accounts do. Well, I like to call med- What Clinton care did—sponsored by The PRESIDING OFFICER. The ical savings accounts patient choice the Senator from Massachusetts—was pending amendment is No. 4349. accounts, because I think those who take power from individuals, give it to Mr. NUNN. Mr. President, I ask are tuned into what is going on in Government-run organizations, and unanimous consent that Senator health care will tell you—and I am not private sector insurance organizations, HATCH be added as a cosponsor to the talking just health care providers or to manage care for everyone—big orga- pending amendment. insurers, I am talking about everybody nizations controlling decisions of peo- The PRESIDING OFFICER. Without who sees what is going on in health ple. That is the model that many who objection, it is so ordered. Mr. NUNN. Mr. President, we had a care—realizes that managed care is were opposing this bill see as what we good debate last night after most Mem- coming to dominate the marketplace should be doing with health care. They bers had gone home and after all the and, in fact, will be, eventually, I be- do not believe—as Mrs. Clinton said, votes had been cast for the day. But, lieve, if nothing is done, take over the when asked about medical savings ac- nevertheless, I hope some of our col- marketplace in most areas of the coun- counts—that individuals have the abil- leagues and their staff—and, indeed, try. So the choices will be limited to ity to make decisions on their own, the American people—heard some of just managed care options. The old fee- that you are not informed enough, edu- that debate because, to me, this is an for-service, doctor-patient relationship cated enough to make your own health enormously important subject and a in medicine will go by the wayside. care decisions. What I believe medical savings ac- There are people—and I hope and be- very important amendment. This amendment is sponsored by Sen- counts do is give us a chance to keep lieve it is not a majority in this body— ator LUGAR, myself, Senator DOMENICI, that relationship available to patients who believe that we need large organi- Senator BIDEN, Senator GRAMM, Sen- who want that, to people who want the zations, whether it is Government or ator HATCH, and others. doctor-patient relationship. And what large insurance companies, to dictate It has three major thrusts. managed care is, you have a doctor, a to you what services are available to First, it recognizes that one of our patient, and you have a third party, an you. That is the fundamental debate most serious national security threats insurance company, who sort of regu- here. That is the rub; that is the reason is the proliferation of weapons of mass lates the transaction between doctor we are not moving forward with this. It destruction—not just nuclear weapons and patient. They are the ones who is, who has the power to make deci- but also chemical and biological weap- sort of dictate what services you can sions? ons. and cannot have. Well, before managed The Senator from Massachusetts be- Just this week ‘‘The Nuclear Black care, the doctor and patient deter- lieves it is large insurance companies Market’’ report came out by the Global mined what services you had. Well, the or big Government. Those of us on this Organized Crime Project, which is problem with that was that neither had side of the aisle—and I think many on chaired by William Webster, former incentive to control costs. On the pa- the other side of the aisle—believe in- head of the FBI and CIA, with the tient’s side, you had fee-for-service dividuals should at least have the project Director Arnaud de Borchgrave. medicine with very low deductibles, so choice to make those decisions them- That publication made it very clear you did not pay anything for the serv- selves. in the findings of this very distin- ices you got. You had no concern about Mr. President, I yield the floor. guished group of Americans with con- how much they cost. Nobody asked how f siderable national security experience. much it costs for health care. On the CONCLUSION OF MORNING Quoting from that report: physician’s side, the more you did, the BUSINESS The most serious national security threat more services you provided, the less facing the United States, its allies, and its chance you were going to be sued, and The PRESIDING OFFICER. Morning interests is the theft of nuclear weapons or the more money you made. So there business is closed. weapons-usable materials from the former were no incentives here to control f Soviet Union. The consequences of such a theft—measured in terms of politics, eco- costs. Then managed care came in. NATIONAL DEFENSE AUTHORIZA- Well, what we are trying to do with nomics, diplomacy, military response, and TION ACT FOR FISCAL YEAR 1997 public health and safety—would be cata- medical savings accounts is very sim- The PRESIDING OFFICER. Under strophic. ple—that is, to put some incentives the previous order, the hour of 9:30 a.m. Arnaud de Borchgrave said at the with the patient to be cost conscious, having arrived, the Senate will now re- press conference: to encourage them to be careful about sume consideration of S. 1745, which what kind of health care services they We have concluded that we’re faced now the clerk will report. with as big a threat as any we faced during consume and how much they consume The assistant legislative clerk read the cold war, when the balance of terror kept and where they consume them, to cre- as follows: the peace for almost half a century. ate some sort of a marketplace for A bill (S. 1745) to authorize appropriations We also have a quote that makes it health care. That is what medical sav- for fiscal year 1997 for military activities of clear that the foundation for this ings accounts do. the Department of Defense, for military con- amendment is based on some of the I can explain the specifics of how it struction, and for defense activities of the findings in this report, as well as ex- works, but the bottom line is that it Department of Energy, to prescribe per- tensive hearings. empowers, it gives the individual the sonnel strengths for such fiscal year for the We had reports from the Harvard ability to control their own health care Armed Forces, and for other purposes. group headed by Graham Allison; re- decisions again. It gives power to indi- The Senate resumed consideration of ports from the Monterey Institute, and vidual patients when it comes to their the bill. others. health care needs. Pending: So this is not the only report. This is Now, why—why—would anyone be Nunn-Lugar amendment No. 4349, to au- the most recent and, I think, one of the against giving an option to individ- thorize funds to establish measures to pro- tect the security of the United States from more thorough reports that has been uals? It does not require everyone to done on this subject. take a medical savings account, by any proliferation and use of weapons of mass de- struction. But this report says: stretch of the imagination. It does not Warner (for Pressler-Dashcle) amendment A layered defense against nuclear traf- require anything. It just gives you an No. 4350, to express the sense of the Congress ficking is essential. Countermeasures must option to have a medical savings ac- on naming one of the new attack submarines continue to emphasize securing warheads count. Why would anyone be opposed the ‘‘South Dakota’’. and

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7075 materials at the source because there are few For these reasons, I commend this ance, and reduce the amount of unnec- opportunities for detecting, interdicting, and amendment. I am hopeful it will have essary duplication by the various agen- neutralizing these materials once they are very strong support in the Senate this cies involved. beyond the source site.... [A]ttention and morning. As I indicated in my remarks last resources must be directed toward post-theft I thank the Chair. measures as well. April, I examined closely a number of The magnitude of the problem, especially Mr. SPECTER. Mr. President, this possible organizational changes. One in Russia, remains enormous. The greatest amendment is of critical importance to option, I noted, was the creation of a need is for a sustained effort with sufficient the security of the United States and high-level czar, such as the drug czar resources and a clear, long-term vision of its allies: The proliferation of weapons empowered to coordinate activities what needs to be accomplished. of mass destruction. In my remarks on against drug trafficking. I also men- So, Mr. President, we are trying to the Senate floor on April 17, 1996, I ad- tioned that I have considered the cre- have three thrusts forward with this dressed this issue stating that we can ation of a high-level position on the amendment. One is to beef up the no longer afford to treat this prolifera- National Security Council [NSC] staff. Nunn-Lugar legislation which already tion as some merely hypothetical I was very pleased, therefore, to find is helping contain these weapons of threat. while reviewing the Nunn-Lugar mass destruction at their source; The United States could soon be at amendment now under consideration Second, we want to beef up the Cus- risk from long-range Taepo Dong II by the Senate that my distinguished toms Department so that they can pro- missiles now being developed by North colleagues advocated the creation of tect our borders better and also help Korea. We have also seen evidence of both a ‘‘national coordinator on non- the former Soviet states—not just Rus- Saddam Hussein’s biological weapons proliferation,’’ and a new standing NSC sia but all those states—protect their program confirmed by Saddam’s son- committee on nonproliferation, com- borders from this dangerous material in-law who defected from Iraq last posed of the Secretary of Defense, and know-how leaking out; year. We have seen China sell missiles State, Treasury, the Attorney General, And, third, to make sure that we are and other nuclear technology to Paki- the Director of Central Intelligence, prepared here at home. stan, and a tremendous missile race be- and other cabinet-level officials. This We are not prepared at home now. We tween India and Pakistan on the sub- committee, chaired by the national co- need a major thrust forward to help continent. Finally, we have seen the ordinator, would be responsible for re- our cities, to help our States to use murderous activities of the Supreme viewing and coordinating all Federal certain National Guard units, to use Truth cult in Japan, which was respon- programs, policies, and directives re- the Department of Energy and the De- sible for a poison gas attack that in- lating to proliferation. partment of Defense to train and equip jured more than 5,500 Tokyo subway Mr. President, I believe that this leg- over a period of time our State and passengers. islation is a critically important step local law enforcement officials so that As chairman of the Senate Intel- in our efforts to improve the ability of we will be able to deal with this kind of ligence Committee, and as chairman of the United States to combat prolifera- crisis, if it occurs, and that we will be the Judiciary Committee Sub- tion. Creating a single body with over- able to prevent it from occurring in the committee on Terrorism, I have long all responsibility for this critical na- first place. been concerned about the proliferation tional security responsibility is a step So that is the essence of the amend- of weapons of mass destruction. I be- in the right direction. ment. I know that Senator DOMENICI lieve the administration was correct U.S. efforts to combat proliferation and Senator LUGAR will also want to when it stated in the most recent edi- are not well organized. Significant in- speak on this. We have a very short pe- tion of ‘‘A National Security Strategy stitutional and organization changes in riod of time. of Engagement and Enlargement’’ that the U.S. Government are required if I urge approval of the amendment. I ‘‘weapons of mass destrucion—nuclear, the United States is to improve its reserve any time I have remaining. biological, and chemical—along with ability to combat proliferation of Mr. LUGAR addressed the Chair. their associated delivery systems, pose weapons of mass destruction. The PRESIDING OFFICER. The Sen- a major threat to our security.’’ Mrs. KASSEBAUM. Mr. President, I ator from Indiana. I also believe that the administration want to strongly support this initiative Mr. LUGAR. Mr. President, I com- has not done nearly enough to prevent and to commend Senators NUNN and mend to the Senate this morning an the spread of these weapons. In my LUGAR, as well as Senator DOMENICI, amendment that I believe will make a view, Mr. President, we have a tremen- for their continued strong leadership in historic difference in American secu- dously unwieldy U.S. Government bu- this area vital to our national security. rity, and it is our security we are talk- reaucracy for combatting proliferation. The single greatest threat to Amer- ing about, the security of Americans, By my estimate, some 96 departments, ican soil today is that nuclear, chem- who would like relief from the possi- agencies and other organizations have ical or biological weapons will be used bilities of an ICBM attack in nuclear, some responsibility in this area. Mech- against us by terrorist organizations or chemical, or biological terms coming anisms for effectively integrating the other rogue entities. Perhaps the su- out of the former Soviet Union—or out activities of the Department of State, preme irony of the cold war’s end is of any country, for that matter—which Defense, Justice, Treasury, and Com- that while the risk that America will might jeopardize it and who want some merce, to name just a few, are lacking. be devastated from coast to coast has assurance that we here in the United Given the complexity of the tasks in- abated, the prospects that a weapon of States are prepared to coordinate the volved, the need for marshaling re- mass destruction will in fact detonate remarkable work of our Department of sources from many agencies, and the on our soil have grown substantially. Defense in historic research efforts to necessarily protracted nature of these The threats today are much more combat potential difficulties for Amer- efforts, the failure to assign clear and complex, and our response must be ican personnel from biological, chem- empowered leadership has impeded the more complex as well. In plain terms, ical, or nuclear attack that might be U.S. effort. it is no longer enough that America’s transferred to local officials who will It was for that reason that I intro- defenses be strong—they must also be work with these people. duced legislation on April 17, 1996, that smart, agile, flexible, and intuitive. All of these objectives are ap- would create a high-level commission, The Senate, for example, has yet to proached. They will never be fully appointed by the White House and the consent to ratify the Chemical Weap- achieved, but clearly the passage of Congress, to conduct a governmentwide ons Convention that President Bush this amendment will bring a greater study of the complex organizational negotiated. I think we should do so sense of security to all Americans that structure charged with combatting without delay. It is another of the our Government works, that we have proliferation. Members of this commis- many tools we need to meet the diverse talented people in our military and in sion would also be responsible for pro- new threats to our security. our civilian components of government viding Congress and the President with For several years, we have been en- at all levels that will make a difference a set of recommendations designed to gaged in the Nunn-Lugar program to in the safety of Americans. improve U.S. Government perform- help secure and destroy weapons of

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7076 CONGRESSIONAL RECORD — SENATE June 27, 1996 mass destruction at their source in tion of plutonium in Russian for use in countries, nor does it show the current sta- parts of the former Soviet Union. This weapons. I regret, however, that the tus of the nuclear materials (e.g., irradiated, program has been successful, and I be- amendment contains a provision (sec. unirradiated, fabricated, burned up, or re- processed). Thus, the NMMSS may not con- lieve it should be expanded while that 1332(a)(2)(C)) that also encourages Rus- tain correct data on where (at which facility) is still possible. sia to convert this plutonium into non- these materials are located within foreign Today we are considering the so- weapons uses, which to me looks like a countries or on their current status. called Nunn-Lugar II program. While green light to a larger U.S. role in en- OK, so that was the situation in 1994. the existing program seeks to contain couraging large scale stockpiling and In August 1995, GAO released another dangerous weapons material at its transportation in plutonium for dubi- report bearing a now-familiar title: source, this new proposal would put in ous commercial purposes. This is, in ‘‘Poor Management of Nuclear Mate- place mechanisms to deal with mate- other words, a friendly pat on the back rials Tracking System Makes Success rial that leaks. for the plutonium economy in Russia. Unlikely.’’ This report found that the This amendment would let us help I am not at all confident that the Department of Energy, ‘‘has not imple- strengthen the export control regimes United States, any of our friends in Eu- mented any of the recommendations of countries that are the source of rope and Japan, and indeed any coun- contained in our prior report and has much of the weapons material. It is in try on earth—not just the countries in no plans to do so.’’ According to GAO, our interest to help countries like Rus- the former Soviet Union—has truly ‘‘Due to its lack of sound planning, sia to keep weapons material inside adequate capabilities not just to pro- DoE does not know if the [NMMSS] their borders and out of international tect but even to track or account for system will fulfill the needs of its commerce. the disturbingly large amounts of major users or be cost-effective.’’ The amendment also would strength- weapon-useable nuclear materials that Well how about 1996? On May 29, 1996, en our own border controls to help are floating around the world in the ci- I received a letter from GAO com- keep illicit weapons material out of vilian sector. This is not the type of menting once again on the U.S. system the United States. trade we should be promoting, either for tracking nuclear materials abroad. Finally, it would put in place a co- directly or indirectly. Here is what GAO had to say: ‘‘We con- ordinated effort to ensure that the pub- It is quite easy to stereotype this tinue to believe that the nuclear mate- lic safety personnel in communities problem—as many of the findings of rials tracking system is significantly across America know how to respond in this particular amendment regrettably limited in its ability to track nuclear the terrible event of a nuclear, chem- do—as one that is limited to Russia, materials internationally and that the ical or biological incident. rogue nations, rogue regimes, fanatic replacement system faces a high prob- I hope this contingency planning is third world dictators, maniacal terror- ability of failure because it has not never needed, but I support this amend- ists, and underworld gangsters. But the been completely developed and tested.’’ ment in case it is. problem is of course much more com- This letter is available from GAO as Mr. GLENN. Mr. President, I rise to plex than this caricature indicates. As document B–271592, 5/29/96. express my intention to vote in favor I have stated many times before, the Let us keep in mind what we are of the amendment offered by my col- problem of controlling these materials talking about here. The Department of leagues, Senators NUNN, LUGAR, and and getting them out of world com- Energy described the NMMSS system DOMENICI, concerning America’s ac- merce is truly global in scope. Pluto- in a news release dated June 27, 1994, as tions to alleviate threats to our coun- nium and highly enriched uranium can follows: ‘‘* * * it is the official record try’s security coming from Russia and be made into devastating city-busting used to maintain compliance with the from terrorists. This is important leg- nuclear weapons even if they do not Nonproliferation Treaty.’’ islation, perhaps one of the most sig- come from facilities in the former So- So are these limitations in America’s nificant provisions in this entire bill, viet Union—the national origin of such ability to track nuclear materials of and I think it deserves some high materials is less significant than their recent origin? Hardly. GAO issued a re- port on August 2, 1982—that is almost praise and a few cautionary notes. potential availability for illicit uses 14 years ago—bearing the title, ‘‘Obsta- First, the praise. I cannot think of a and, surely, the ability of our country cles to U.S. Ability to Control and better investment in America’s secu- and international organizations to Track Weapons-Grade Uranium Sup- rity than working to reduce the num- keep close track of the precise location plied Abroad.’’ Then on January 14, ber of weapons of mass destruction and disposition of such materials. 1985, GAO issued another report enti- that could be targeted or used against If anybody of my colleagues doubts tled, ‘‘The U.S. Nuclear Materials In- that the problem of tracking such ma- our country. The assistance provided in formation System Can Improve Service terials is exclusively a Russian prob- this bill aims at enhancing the security to Its User Agencies,’’ once again docu- lem, I would encourage each and every of controls over materials in the menting numerous shortcomings in former Soviet Union that are associ- Member to read closely the recent America’s own system of nuclear mate- ated with such weapons, and reducing work of the General Accounting Office rials accounting. the amounts of these materials. It is to on this subject. My point here is to emphasize that me without doubt a sound public in- On December 27, 1994, GAO issued a we should not be deluding ourselves vestment. report entitled, ‘‘U.S. International that the amendment before us today The bill provides funds for improving Nuclear Materials Tracking Capabili- will address the kinds of problem that the material protection, control, and ties Are Limited,’’ which reached the GAO has been documenting or almost accounting of materials that could be following conclusions concerning the two decades in America’s ability to used in nuclear weapons—material that system—called NMMSS or the Nuclear monitor global—I repeat, global— someday could otherwise either be il- Materials Management and Safeguards tracking of nuclear materials. Sce- licitly exported to dozens of countries System—used by our government to narios involving so-called loose nukes around the world or even targeted track U.S. nuclear materials that are just flowing out of Russia make for against the United States. It just exported to other countries. Listen to great speeches and play well in the makes sense to enhance controls over what GAO had to say about America’s media, but they offer just too sim- these materials. own system for nuclear material track- plistic an approach for understanding a The bill also provides funds for im- ing— vastly more complex and, once again, proving the means to verify the dis- The United States relies primarily on the more global threat. mantlement of nuclear warheads, a NMMSS to track the nuclear materials ex- I would like to turn now to the sec- functions that is vital if we are to have ported to foreign countries. However, this ond highly positive feature of this bill, the confidence to proceed with deep system does not have all the information its emphasis on the need for greater at- needed to track the specific current location cuts of United States and Russian stra- (facility) and status of all nuclear materials tention to the problem of domestic pre- tegic arsenals under the START proc- of U.S. origin that are supplied to foreign paredness to cope with incidents in- ess. countries. For example, the system does not volving the use or threatened use of The bill contains a program aiming track exported U.S. nuclear materials that weapons of mass destruction by terror- at the total elimination of the produc- are moved from facility to facility within ists inside the United States. This

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7077 year’s hearings of the Permanent Sub- a catastrophic nuclear explosion or act many diverse organizations throughout committee on Investigations has ade- of terrorism involving radiological our Government and our military. It quately and competently documented weapons to inspire a reexamination of involves research and analysis. It in- the scope of this threat as well as this longstanding Government practice volves a huge number of Government America’s lack of preparedness to deal of neglecting a potentially useful tool contractors, subcontractors, labora- with it. It may be that history will against both nuclear weapons prolifera- tories, think tanks, academic estab- record that the sums provided in this tion and terrorism. I believe that re- lishments, consultants, and the media. bill to correct this problem were, if wards will have to play a role dealing And it involves Congress. anything, inadequate to the job, given with these threats. So when we create a coordinator in the magnitude of the challenges that It seems to me pretty ironic to watch charge of what we call nonproliferation lie ahead. Nevertheless, the authors of all these heroic efforts now underway we are talking about quite a lot—hence this legislation deserve credit for hav- to enhance our preparedness to deal the notion of a czar. ing spotted a key deficiency in Amer- with future weapons of mass destruc- With such an expansive authority, ica’s responses to the global weapons tion threats here at home, without rec- one would have perhaps expected that proliferation threat and for taking ognizing the need for the U.S. Govern- any such individual occupying such a some concrete steps to correct the ment to obtain information about the post would be expected to be account- problem. nature of these threats. It is a regret- able to the public for that person’s ac- I regret that the bill merely contains table fact of life, one that may well re- tions. But there is no provision in his hortatory language about increasing flect a less admirable feature of human bill for Senate confirmation of this of- the penalties for offenses relating to nature, that obtaining such informa- ficial. Moreover, as a member of the the importation, attempted importa- tion sometimes does require the pay- National Security Council, it is doubt- tion, exportation, and attempted ex- ment of rewards. ful that Congress could even succeed in portation of nuclear, biological, and The final subject I would like to ad- inveigling such individual to come to chemical weapons materials or tech- dress today concerns subtitle D of the Capitol Hill to testify on the activities nologies. Even this hortatory language, bill, which will create a ‘‘National Co- of that office. Honestly, as a former moreover, does not include the Atomic ordinator for Nonproliferation Mat- chairman of the Committee on Govern- Energy Act in its list of relevant laws ters’’—in other words, a de facto non- mental Affairs and present ranking that need to be reexamined. The Atom- proliferation czar. I am not at all en- member of that committee, I think it ic Energy Act is the law that governs thusiastic about this proposal and be- is absolutely essential for individuals America’s foreign trade in nuclear lieve that its best feature might well inside our Government with such equipment and materials. turn out to be its sunset clause, which sweeping authorities to be held strictly There is also nothing in this bill en- relieves the President of having such a accountable to Congress and the pub- lic. couraging the Government to make use post after September 30, 1999. Will the so-called coordinator prove of the reward authorities that were I do not dispute the need for greater to be a zealous advocate of commercial created in the Nuclear Proliferation coordination between the various agen- uses of plutonium? Will the coordi- Prevention Act of 1994, which as I un- cies in many areas relating to non- nator come to this office with a dis- derstand it, the State Department is proliferation policy. The recent hear- position that proliferation only has reluctant to implement. In this re- ings of the Permanent Subcommittee military solutions? Will this coordi- spect, I would like to comment briefly on Investigations, for example, re- nator place commercial considerations on a letter dated March 18, 1996, that I vealed serious lack of coordination at ahead of America’s global nonprolifera- have received from Mr. Andrew Fois, both the Federal-State-local levels and tion treaty obligations? Will this coor- and Assistant Attorney General in the at the interagency level. I suspect that dinator take the view that prolifera- Justice Department, addressing the one could add to this list, coordination tion is merely a problem dealing with subject of the payment of Government between the Executive and Congress, or so-called rogue regimes instead of a rewards for information about illicit even the organization of Congress for genuinely global threat? Will this coor- transfers of nuclear materials or nu- dealing with these threats, but such dinator simply be ignored by the cur- clear weapons. My specific inquiry fo- topics were omitted from the scope of rent or future President by means of an cused on the record of the U.S. Govern- this bill. internal organizational mechanism ment in implementing the Atomic I find it rather extraordinary that worked outside the NSC? Will this co- Weapons and Special Nuclear Materials the so-called Committee on Non-Pro- ordinator have adequate staff, budget, Rewards Act of 1955. The Justice De- liferation would be composed of such and control over budgets to give the in- partment’s response states that: ‘‘The agencies as Commerce, Treasury, and dividual the ability to perform the os- FBI has not promulgated special guide- the Federal Emergency Management tensible coordinating functions that lines addressing the payment of re- Agency—but not the Arms Control and the office is supposed to have under wards for information pursuant to the Disarmament Agency, the entity with- this legislation? Atomic Weapons and Special Nuclear in our Government that has an explicit These are just some of the too-many Materials Rewards Act.’’ The letter statutory nonproliferation mission. unanswered questions concerning the goes on to say: ‘‘The FBI is not aware This amendment might have offered an nonproliferation czar. of any previous payment of a reward excellent opportunity to enhance the Overall, however, I must support this for information relating to the illicit role of ACDA in our Government, but legislation because of the good it does. transfer of nuclear materials or weap- instead the agency was not even cited I will work to address the short- ons.’’ Furthermore, the letter adds, in this portion of the amendment. I am comings in this amendment the best I ‘‘The FBI has not utilized the nuclear very disappointed by the structure of can and am optimistic that, without trafficking information rewards au- this committee. doubt, this legislation is in the overall thority because the opportunity to do The function of the coordinator also interest of our country. so has not arisen.’’ The letter also indi- gives me some serious concerns. Mr. HARKIN. Mr. President, I com- cates some concern that the act of of- Though the word ‘‘czar’’ is not used in mend my colleagues, Senators NUNN, fering rewards ‘‘might generate a ‘mar- descriptions of this office, it is an apt LUGAR, and DOMENICI, for developing ket’ which does not now exist, and term. Nonproliferation, after all, is a this amendment which is a good first would not resolve any existing prob- unbelievably complex activity. It in- step in addressing the principal secu- lem.’’ volves intelligence matters. It involves rity threat facing the citizens of the It might come as somewhat of a sur- diplomacy. It involves export controls United States today. I am pleased to prise to most observers that the United which touch upon—or occasionally are join them in sponsoring this important States has not used a rewards author- even driven by—commercial consider- antiterrorism proposal. I have always ity which has been on the statute ations. It involves extremely technical been in favor of the wise use of tax- books for 41 years, almost as long as issues. It involves the weighing of com- payers’ funds and this amendment the entire existence of the Nuclear peting values and policy priorities. It meets that test. We have to be pre- Age. I only hope that it does not take involves coordinating the activities of pared to combat terrorism.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7078 CONGRESSIONAL RECORD — SENATE June 27, 1996 Currently we have precious few Mr. President, once again, the efforts ment contains provisions relating to means to deal with the threat of a ter- of the sponsors of this amendment are military assistance to civilian law en- rorist attack of any kind, let alone nu- laudable. However, we are not merely forcement officials in emergency situa- clear, chemical, or biological ter- talking about increasing funding for tions involving weapons of mass de- rorism. This amendment focuses on the two cooperative threat reduction struction. I have long expressed my op- that vacuum. programs. We are expanding the scope position to the concept underlying Events from Oklahoma City to of activities within those two pro- these provisions. This language is Tokyo show that there is a major secu- grams. I would ask the sponsors of the based upon provisions included in the rity risk in the ordinary—a rental amendment to provide the committee truck or a subway. Training local antiterrorism bill considered by the with information on how much money Senate last year. When the terrorism emergency officials to recognize the Russia is contributing for these ef- bill was voted on in the Senate, I ex- signs of weapons of mass destruction in forts? these mundane circumstances will help The amendment broadens the author- pressed my opposition to those provi- prevent these insidious attacks in the ity of the program to include all the sions and indicated that I could not first place. Further training will allow independent states of the former Soviet support such an exception to the posse local officials to ameliorate the impact Union. However, the bulk of the fund- comitatus law, the 1878 statute which should such a tragedy occur. ing in this amendment is specifically limits the role of the military in do- Mr. President, this is the right going toward activities with Russia. mestic law enforcement activities. I amendment at the right time for the I support the efforts of the sponsors fundamentally do not believe that we people of Iowa and the United States. If of this amendment to combat ter- should give the military arrest powers my colleagues care about protecting rorism. We need to provide assistance within the United States. If the mili- Americans on American soil, I urge to our State and local authorities so tary needs to be involved in a domestic them to support this amendment. that they are prepared to respond to Mr. THURMOND. Mr. President, once investigation, I believe that civilian terrorist incidents where weapons of again, I congratulate the Senators law enforcement officials should be from Georgia, New Mexico, and Indi- mass destruction are used. present and available to make any ar- We will work together in the con- ana, on their efforts to craft an amend- rests needed. If authority is needed to ference to enlist the support of the Na- ment to authorize the establishment of detain an individual until a civilian tional Academy of Sciences, increase an emergency assistance program to law enforcement official arrives, argu- the funding for the emergency assist- train and equip State and local au- ments can be made for that authority, ance program, and provide the regional thorities to respond to domestic ter- NBC emergency stockpile. but that does not justify, in my view, rorist use of weapons of mass destruc- Mr. FEINGOLD. Mr. President, I granting a direct power to make an ar- tion. voted for the Nunn-Lugar amendment, rest by the military under any type of I want to reiterate my concerns with circumstances. parts of the amendment that would in- but there are provisions included in crease funding and expand authorities that amendment that are quite trou- The amendment offered by the Sen- for the Cooperative Threat Reduction bling for me. ator from Georgia does make an im- Program, both in DOD and in DOE. Obviously, like every Member of this provement in the language considered I trust that the sponsors will provide body, I am deeply concerned about the last year. It provides that the military us with information on the justifica- need for the United States to be fully does not have the power to make such tion for these new activities and the prepared to protect our people from the an arrest unless the action is consid- impact on the DOD future years de- threat of terrorist attacks, particu- ered necessary for the immediate pro- larly those involving weapons of mass fense plan and DOE as soon as possible. tection of human life, and civilian law The sponsors submitted letters from destruction. The amendment contains provisions enforcement officials are not capable of the Secretary of Defense and the Sec- taking the action. The provision relat- retary of Energy in support of this new to provide military assistance to State and local officials responsible for crisis ing to the unavailability of civilian initiative last night. I assume that the personnel is a step in the right direc- sponsors will provide us with copies of management to deal with nuclear, tion; however, I remain fundamentally these two letters as well. chemical, or biological emergencies. Mr. President, I have urged the spon- This assistance includes areas such as opposed to the military taking a direct sors of this amendment to consider a locating, neutralizing, dismantling, arrest role. Moreover, the decision as few recommendations that would enlist and disposing of nuclear, chemical, and to whether a civilian law enforcement the assistance of the National Acad- biological weapons, and generally sup- official is capable of taking action, emy of Sciences in developing the porting State and local preparedness to under this amendment, would clearly emergency assistance program; that deal with potential emergencies in this be made by the military official in- would specifically authorize a chem- area. I support these provisions as they volved. Thus, the military itself is ical-biologial emergency response take the proper approach of having the vested with the decisionmaking power team; and, that would specifically au- Federal Government provide training as to whether such an arrest should be thorize funding for a regional NBC and technical assistance to local enti- carried out by military personnel rath- emergency stockpile from which the ties who might face these disasters. er than civilian law enforcement. I am also very strongly in support of State and local authorities could draw Although I support the other impor- in an emergency. efforts to reduce the worldwide threat Lastly, I want to mention just a few of nuclear weapons getting into the tant provisions of this amendment, I other concerns I have with this amend- hands of potential terrorists, and the want the record to show that for the ment. There are no appropriations for amendment contains important provi- reasons stated I do not support this these new initiatives. The amendment sions aimed at helping reduce these provision which would permit the mili- contains a broad transfer authority threats. In particular, the Nunn-Lugar tary to arrest individuals within the that would allow funds to be trans- program, which is aimed at disman- United States. ferred from accounts within the de- tling of Russian nuclear warheads and Mr. BIDEN. Mr. President, I rise as fense budget, as well as from within converting the plutonium removed an original cosponsor of the proposed the defense activities portion of the en- from those warheads into other forms amendment by Senators NUNN, LUGAR, ergy budget, for the two CTR pro- that are not likely to be used for weap- and DOMENICI to better protect our Na- grams. ons is critical to reducing the threat of tion against the threat posed by weap- I am also concerned with language in misuse of nuclear weapons from the ons of mass destruction. Here is a De- the amendment that would promote former Soviet Union. The provisions in fend America Act that we should all the import of foreign weapons-grade the amendment build upon and expand support because, unlike the bill which material to the United States for stor- this program to help make this Nation age. Currently, the Department of En- and the world safer from this threat. bears that title, this amendment re- ergy is not prepared, nor does it have However, there is one section of the sponds to a clear and present threat. the ability to accept more weapons- amendment that I do not support. Sec- In my mind, the possibility that grade material. tion 1313 of subtitle A of the amend- weapons of mass destruction could be

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7079 acquired by rogue states, criminal or- What it does is make sure that—if we longer exists. We regularly hear stories ganizations, or individual terrorists were ever faced with such a night- of nuclear facilities with no perimeter and used against American targets is mare—the people who are best trained, fences, no security monitors, and work- the single greatest security threat to best equipped and most capable will be ers who have not been paid in months. our Nation in the post-cold war world. on the scene assisting our State and The key challenges before the United I commend my distinguished col- locals. States and Russia are to develop an ac- leagues from Georgia and Indiana for Mr. President, I want to make clear counting system for all nuclear mate- their tireless resolve in exposing the for the record that I intend to seek ad- rial in the former Soviet union, to potential magnitude of this threat, and ditional vehicles to restore the other physically protect this material in a for their diligence in crafting legisla- two key provisions excluded from the limited number of sites, to safely dis- tion that addresses it head on. Anti-Terrorism Act—those dealing pose of excess nuclear weapons and ma- The legislative package has four im- with wiretapping and prohibiting infor- terial, to prevent theft and smuggling portant sections that together make up mation on the Internet about making of nuclear material, and to prevent a comprehensive and strategic response bombs. former Soviet nuclear experts from to the threat of weapons of mass de- The second section of the Nunn- selling their know-how to rogue states struction. Lugar-Domenici amendment addresses or terrorists. First, the amendment would improve our ability to interdict weapons of These are exactly the challenges that our domestic preparedness. This is mass destruction before they reach the Nunn-Lugar programs address. The really the last line of defense against U.S. soil. The Department of Defense Materials Protection, Control and Ac- weapons of mass destruction. In the would provide to the U.S. Customs counting Program has provided safe horrible case that our prevention and Service specialized training and equip- storage and security monitors at nu- non-proliferation efforts fail, we need ment capable of detecting weapons of clear facilities in Russia. The Indus- to be prepared to deal with a biologi- mass destruction. Additional funds for trial Partnership Program has found cal, chemical, or nuclear emergency the Departments of Defense and En- productive employment for thousands here in the United States. ergy would help develop new tech- of former Soviet technicians with the The amendment includes an impor- nologies to better detect such weapons know-how to build nuclear weapons. tant counter-terrorism provision to au- and material. These programs have proven effective thorize the Department of Defense to Mr. President, the border controls and should be expanded. provide badly needed training and ad- throughout the former Soviet Union Under the amendment, funds would vice to local, State, and Federal offi- are notoriously weak. This amendment be provided to the Department of En- cials. These are the men and women also seeks to assist the Customs offi- ergy to verify the dismantlement of who would be the first to respond to a cials of these countries in improving Russian nuclear warheads and convert nuclear, chemical, or biological emer- their ability to detect and interdict nu- the plutonium removed from the war- gency. clear weapons or material. heads. Funds also would be provided to The extensive hearings held by the The third area this amendment ad- convert the remaining three weapons- Senator from Georgia earlier this year dresses is the need to continue the im- grade plutonium reactor cores in Rus- demonstrated that police and fire de- portant work of the Nunn-Lugar pro- partments in our cities are not trained sia. Clearly, such efforts are in the in- grams that over the past 4 years have and equipped to detect or contain bio- terest of the United States. quietly worked to enhance the security The fourth section of the amendment logical or chemical agents used in a of all Americans by dismantling nu- creates a nonproliferation coordinator, terror attack. Indeed, local officials clear weapons and protecting material who will chair a committee on non- would be risking their own safety while attempting to respond to such an at- at its source in the former Soviet proliferation, and report to the Presi- tack. Union. These prevention programs dent. The many levels of the threat At present, only the Armed Services form our first line of defense. posed by weapons of mass destruction have the expertise and equipment need- Mr. President, in many ways the do not fit neatly into our current bu- ed in locating, neutralizing, disman- world has never seemed a safer place in reaucratic structure. There are a pleth- tling, and disposing of such weapons or which to live for our citizens. Our ora of agencies with some connection deadly material. Only the military can democratic way of life prevailed over to the problem—including Justice, En- impart this desperately needed train- totalitarian communist ideology in the ergy, Commerce, Treasury—which do ing on the urgent basis that it is re- cold war; Soviet nuclear missiles no not immediately come to mind as tra- quired. longer point at American cities; we are ditional national security departments. This bill, moreover, gives the Armed the undisputed world power. The coordinator would ensure a Forces the authority to actually assist But these events should not give us a clear, comprehensive U.S. policy to- law enforcement if, God forbid, we false sense of security. Russia and ward proliferation, terrorism, and glob- should ever face an emergency involv- other States of the former Soviet al crime. By bringing together these di- ing a chemical or biological weapon. Union are literally strewn with nuclear verse agencies to form a common pol- This is a provision that I worked weapons and material. By some esti- icy, we will be able to use their specific hard on last year with Senator NUNN mates there is at present enough nu- strengths and expertise in combating on the Anti-Terrorism Act. The provi- clear material in the former Soviet the greatest security threat to our Na- sion was included in the Senate version Union to make over 100,000 weapons. It tion. of the act but taken out by Members in only takes a tiny fraction of this abun- I wish to add that although the the House of Representatives. The dant supply, finding its way into the amendment does not require it, I be- Nunn-Lugar-Domenici amendment pro- wrong hands to wreak unspeakable lieve that the Arms Control and Disar- vides an opportunity to restore this damage. mament Agency must play a central important anti-terrorism measure. We also know that there is demand role in the coordinator’s activities. Right now, the Armed Forces have for such material by, among others, Mr. President, the question will un- the authority to provide assistance dangerous rogue States, such as Iran doubtedly be asked as to whether we when it comes to a nuclear attack. But and Libya. Once they have secured the can afford to add funds for these ef- that authority does not extend to an requisite nuclear material, the rest is forts? I believe that we cannot afford emergency situation involving a chem- relatively easy. Bomb designs are not not to. ical or biological weapon of mass de- difficult to find. Transport of a device Over the last 5 years, funding for the struction. to its intended target in an open soci- Nunn-Lugar program has totaled $1.5 It should. ety such as ours is painfully simple, as billion—an average of $300 million per This is a carefully tailored provision. terrorists have demonstrated in New year, or about one-tenth of 1 percent of It doesn’t give the military the power York and Oklahoma City. our annual defense budget. The amend- to make arrests or to conduct searches The centralized Soviet system that ment today could lead to an additional or seizures—unless necessary for the prevented the possible theft or diver- expenditure of $235 million in the next immediate protection of human life. sion of these tons of fissile material no fiscal year. These are meager sums

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7080 CONGRESSIONAL RECORD — SENATE June 27, 1996 when compared to the magnitude of The PRESIDING OFFICER. The ma- Mr. GREGG. Mr. President, I ask the threat we face. This is not a give- jority leader. unanimous consent that further pro- away program for Russia and other Mr. LOTT. Mr. President, I move to ceedings under the quorum call be dis- independent states of the former Soviet reconsider the vote by which the pensed with. Union. These expenditures serve our in- amendment was agreed to, and I move The PRESIDING OFFICER. The Sen- terests. to lay that motion on the table. ator from New Hampshire. Mr. President, we are already on bor- The motion to lay on the table was PRIVILEGE OF THE FLOOR rowed time. We are fortunate that an agreed to. Mr. GREGG. Mr. President, I ask attack involving weapons of mass de- UNANIMOUS-CONSENT AGREEMENT—CLOTURE unanimous consent that Bill Parlett, a struction has not yet occurred on U.S. VOTE congressional fellow in my office, be soil. But we cannot continue to rely on Mr. LOTT. Mr. President, I ask unan- granted floor privileges during the con- fate to prevent the proliferation of imous consent that the cloture vote to sideration of the Department of De- these deadly weapons. begin immediately be postponed to fense authorization bill, S. 1745, and This amendment offers us a sub- occur later today at a time to be deter- that immediately after the approval of stantive means to act, prevent, and mined by the two leaders. this unanimous consent request we go prepare against the menace of weapons The PRESIDING OFFICER. Without back into a quorum call. of mass destruction. I urge its adop- objection, it is so ordered. The PRESIDING OFFICER. Without tion. Mr. LOTT. Mr. President, for the in- objection, it is so ordered. The clerk Mr. NUNN. Mr. President, I ask for formation of all Senators, it is the will call the roll. the yeas and nays on the amendment. hope of the leadership the Senate can The legislative clerk proceeded to The PRESIDING OFFICER. Is there a reach a consent agreement that will call the roll. sufficient second? limit the number of amendments that Mr. BYRD. Mr. President, I ask unan- There is a sufficient second. remain in order to the DOD authoriza- imous consent that the order for the The yeas and nays were ordered. tion bill. quorum call be rescinded. The PRESIDING OFFICER. The While these negotiations are con- Mr. PRYOR. Mr. President, I object. question now is on agreeing to amend- tinuing and an effort is being made to The PRESIDING OFFICER. Objec- ment No. 4349. The yeas and nays hav- identify the amendments that are seri- tion is heard. ing been ordered, the clerk will call the ous and need to be offered and dealt Mr. BYRD. Mr. President, I ask unan- roll. with or voted on, we are trying to sus- imous consent that the order for the The assistant legislative clerk called pend the cloture vote to give us time to quorum call be rescinded. the roll. get this list worked up. If we can, then The PRESIDING OFFICER. Is there Mr. NICKLES. I announce that the the cloture vote will not be necessary objection? Senator from Missouri [Mr. ASHCROFT], and could be vitiated. Without objection, it is so ordered. the Senator from Missouri [Mr. BOND], So I urge the Senators to come for- Mr. BYRD. Mr. President, I thank and the Senator from Arizona [Mr. ward now. It is Thursday morning. We Senator PRYOR and Senator HELMS for MCCAIN] are necessarily absent. would like to finish up before too late their forbearance and consideration in Mr. FORD. I announce that the Sen- tonight, but if we do not, we will be allowing the quorum call to be called ator from Arkansas [Mr. BUMPERS] is here tomorrow. off. I promise that I will reinstitute the necessarily absent. Mr. THURMOND. I wish to thank the quorum call upon the completion of my The PRESIDING OFFICER (Mr. majority leader for the statement he remarks. FRIST). Are there any other Senators in has made, and I am in accord with him. f the Chamber who desire to vote? Mr. GREGG. Will the leader yield? ALCOHOL INDUSTRY ADVERTISING The result was announced—yeas 96, Mr. LOTT. I yield. nays 0, as follows: Mr. GREGG. Mr. President, I would Mr. BYRD. Mr. President, this is a [Rollcall Vote No. 177 Leg.] like to note for the RECORD, Senators time when our Nation is working to YEAS—96 BOND and ASHCROFT were unavoidably curb alcohol abuse. I am troubled by a Abraham Frahm Lugar absent at the last vote due to the at- disturbing step backward by at least Akaka Frist Mack tendance of the funeral of Congressman one member of the alcohol industry Baucus Glenn McConnell Emerson. that I consider a significant threat to Bennett Gorton Mikulski our society. There has been much re- Biden Graham Moseley-Braun Mr. LOTT. I yield the floor. Bingaman Gramm Moynihan Mr. PRYOR addressed the Chair. cent opposition expressed by other Boxer Grams Murkowski The PRESIDING OFFICER. The Sen- Members of Congress to the Joseph E. Bradley Grassley Murray ator from Arkansas. Seagram & Sons Corp. blatant viola- Breaux Gregg Nickles Brown Harkin Nunn Mr. PRYOR. Mr. President, may I in- tion of a liquor industry advertising Bryan Hatch Pell quire of the Chair as to what the pend- ban. Burns Hatfield Pressler ing business is of the Senate? In 1948, the liquor industry in this Byrd Heflin Pryor country adopted a code of good prac- Campbell Helms Reid The PRESIDING OFFICER. The Chafee Hollings Robb pending amendment is the Warner tice, a self-imposed decision not to ad- Coats Hutchison Rockefeller amendment No. 4350. vertise distilled spirits products over Cochran Inhofe Roth Mr. PRYOR. Mr. President, I ask the airwaves of the emerging radio and Cohen Inouye Santorum Conrad Jeffords Sarbanes unanimous consent that the Warner television technology. In the past 38 Coverdell Johnston Shelby amendment be temporarily set aside. years that I have been a U.S. Senator, Craig Kassebaum Simon Mr. NUNN. Mr. President, reserving liquor companies have voluntarily D’Amato Kempthorne Simpson the right to object—Mr. President, I complied with that agreement, abstain- Daschle Kennedy Smith DeWine Kerrey Snowe suggest the absence of a quorum. ing from advertising on the influential Dodd Kerry Specter The PRESIDING OFFICER. The mediums of radio and television—until Domenici Kohl Stevens clerk will call the roll. now. Dorgan Kyl Thomas Earlier this month, Seagram Corp. Exon Lautenberg Thompson The legislative clerk proceeded to Faircloth Leahy Thurmond call the roll. began airing commercials for its Crown Feingold Levin Warner Mr. GREGG. Mr. President, I ask Royal Canadian Whiskey on a tele- Feinstein Lieberman Wellstone unanimous consent that further pro- vision station in Texas, defiantly Ford Lott Wyden ceedings under the quorum call be dis- breaking the industry’s promise to our NOT VOTING—4 pensed with. country, and self-indulgently putting Ashcroft Bumpers Mr. PRYOR. Mr. President, I object. sales dollars ahead of the future of our Bond McCain The PRESIDING OFFICER. Objec- children. The amendment [No. 4349] was agreed tion is heard. I have long decried the quality of to. The legislative clerk continued with much of television programming. The Mr. LOTT addressed the Chair. the call of the roll. overwhelming influences of television

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7081 on our Nation have contributed might- James Hewlett. James Hewlett was Farrell. So I got the directions and ily to the moral decay in our commu- from Fayette County, a neighboring drove down to see Father Farrell. He nities. No group is affected more by the county to my own county of Raleigh in was very ill. But we talked a little irreverent programming than our chil- West Virginia. while. dren. In all too many homes, today’s Hewlett had asked a cabdriver to And how I came to tell this story, I youth are reared by the ‘‘electronic take him from Huntington to Logan. do not know how it occurred to me to babysitter.’’ Studies show that the av- On the way to Logan, Hewlett shot the tell this particular story. I had never erage child will view 25,000 hours of cabdriver in the back, robbed him, seen Father Farrell before, to my programming by the age of 18. While dumped his body by the side of the recollection. So I told the story, and he this broadcasting brew is already being road, and went on his own way with the listened very carefully. When I had fin- polluted by commercials from the beer cab. He was later apprehended in a the- ished telling the story of witnessing and wine industries, it is even more im- ater at Montgomery, West Virginia. He this execution and having visited the portant to guard against mixing hard was sentenced to die in the electric cell of Jim Hewlett prior to the execu- liquor ads into the cauldron. chair. tion, Father Farrell said, ‘‘Yes. That is The Seagram commercial not only For months he rejected the idea of the way it was. You see, I was the defies the industry’s own longtime having a chaplain in his cell. But as chaplain in the cell that night when agreement, but it also aims to appeal the months and weeks and days went you visited Jim Hewlett,’’ which shows to a younger audience. The liquor ad- by, and Governor Patteson of West Vir- that there is, indeed, a wheel that vertisement portrays two dogs grad- ginia declined to commute his sen- turns, and we never know when we will uating from ‘‘obedience’’ school. One tence, Hewlett knew that he was going see someone in later years whom we holds a mere newspaper, while the to have to die, and he asked for a chap- have met before, perhaps in some dis- other carries a bottle of Crown Royal. lain to be with him in his cell. tant land and different clime. The canine with the newspaper is la- On this particular occasion, I drove The point here is that this young beled simply ‘‘graduate,’’ while the from Charleston, the capital, to man, who stood staring death and eter- other dog with a bottle of whiskey is Moundsville where the West Virginia nity in the face, said, ‘‘Tell them not titled ‘‘valedictorian.’’ Penitentiary is located. to drink the stuff that I drank.’’ In addition to the youth appeal of I asked the warden if I might go So alcohol consumption leads to a animal characters, the propaganda is down and talk with Jim Hewlett in his higher crime rate. It is a contributing further propelled by the background cell. About an hour before the execu- factor, as I say, in assaults and mur- tune ‘‘Pomp and Circumstance,’’ recog- tion, I was allowed to enter the cell of ders and other violent crimes. It was a nized as the music played at countless Jim Hewlett. I shook his hand, and contributing factor in the crime that high school and college graduations shook hands with the chaplain in his was committed by Jim Hewlett. It this time of year. cell. leads to numerous health problems as I said to Hewlett, ‘‘From time to I find it reprehensible that the Sea- well as to the gradual death of habitual time I speak to young people; Boy gram Corp. would associate academic drinkers. Oftentimes, it leads not only Scout groups, Girl Scout groups, 4–H achievement with hard liquor. Think of to the death of the drinker but leads clubs. I wonder if you might have a it; associating academic achievement also to the death of someone else—an message that I can pass on to these with hard liquor. How preposterous. innocent mother who is driving a car— Alcohol is the No. 1 drug problem young people as I have an opportunity perhaps, with some children in the car among young Americans—and some to visit and speak with them around with her. Oftentimes, the intoxicated older ones as well. It is the leading the State.’’ He said, ‘‘Tell them to go driver escapes without injury or ends cause of death and injury for teenagers to Sunday school and church.’’ He said, up with only a few bruises after he has and young adults. Drinking impairs ‘‘If I had gone, I might not be here to- killed someone else. one’s judgment. And alcohol mixed night.’’ An individual of legal drinking age with teenage driving is a lethal com- We exchanged a few more words. And makes his or her decision to drink, but bination. as I was about to leave, he said, ‘‘Tell The Senate recently approved an them one more thing. Tell them not to surely it is careless to impose messages amendment which I introduced that re- drink the stuff that I drank.’’ ‘‘Tell relating valedictorian status—how ob- quires States to adopt a zero tolerance them not to drink the stuff that I noxious, how obscene, is such a state- standard for drivers under the nation- drank.’’ ment—impose messages relating val- wide legal drinking age of 21. The zero I have told that story many times to edictorian status with whiskey and to tolerance law corrects a loophole to young people around my State. broadcast these messages through the help ensure that underage drivers who ‘‘Tell them not to drink the stuff seducing medium of television. register blood alcohol levels as low as that I drank.’’ Those were Hewlett’s My concern is for the future quality .02 percent are subject to State im- exact words. of life of the citizens of this country. posed drunk driving sanctions. I said, ‘‘What do you mean by that?’’ Television’s impact on our society is This action not only will help to save The chaplain broke in, and said, ‘‘You already excessive, bombarding viewers lives—and it may be your life, and it see that little crack in the wall up with scenes of violence and obscenity. may be your life, and it may be your there?’’ He said, ‘‘If he were to take a Results of one study found that, on life to save—but it will also serve to drink right now, he would try to get average, by the time a child reaches send a message, the right message, to through that little crack in the wall. the seventh grade he or she has already our Nation’s youth that drinking and That is how alcohol affects him.’’ been exposed to more than 100,000 as- driving just will not work. I then said goodbye to Mr. Hewlett sorted acts of violence. And while, in I have been asked upon some occa- and to the chaplain, went on back to my own estimation, television industry sions to participate in advertising that the warden’s office, and at 9 o’clock he executives have largely failed to exer- would say, ‘‘Do not drink and drive.’’ I called us up to his desk. And he said, cise proper responsibility for the qual- did not say ‘‘Do not drink and drive.’’ ‘‘We will now go over to the death ity of their shows—as a matter of fact, I said, ‘‘Do not drink, period. Do not chamber. If you have cameras leave there are very few shows that have any drink, period.’’ There is nothing good them here. There will be no picture quality at all, any positive quality; in it. Alcohol consumption leads to a taking, and when the execution is over they have, instead, a negative qual- higher crime rate. It is a contributing we will return here.’’ ity—I do give them credit today be- factor in assaults, murders, and other I witnessed the execution. cause, since the ban, the three major violent crimes. Several years later I was in the broadcasting networks have thus far As a member of the West Virginia northern panhandle of West Virginia, refused to run hard liquor advertise- State Senate in 1951, I requested of the and someone suggested to me that I go ments, and I encourage them to con- warden of the West Virginia Peniten- down and see the local priest who was tinue this prudent policy. tiary that I be a witness at the execu- very ill. I did not know the priest. I did The liquor industry’s trade associa- tion of a young man by the name of not recognize the name. It was Father tion, the Distilled Spirits Council of

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7082 CONGRESSIONAL RECORD — SENATE June 27, 1996 the United States, claims that the ad- of the work being done there for a long quired by the Atomic Energy Commis- vertising ban is outdated, old fash- time. sion from over 1,600 individual owners. ioned, and is a throwback to Prohibi- Located on the Savannah River in Once acquired, the land was taken over tion era concerns. But distilleries know South Carolina along the Georgia/ by an army of construction workers. as well as I know that television has South Carolina border and known lo- Building the facilities was a tremen- grown increasingly influential in our cally as just Savannah River, this site dous task that included relocating a society, which makes the code of good is 16 miles from Augusta, GA, and 12 small town. Even today, the remains of practice ban more important than it miles from Aiken, SC. The Chairman of house foundations, sidewalks, and ever was. the Senate Armed Services Committee, streets can still be seen. As a nation that purports to care Senator THURMOND, and I have worked Most of the original production fa- about the health, safety and well-being together for over 23 years on issues re- cilities at the site were built in just 2 of its people, and as a nation that lated to Savannah River. He has really years. These included: five nuclear ma- spends billions of dollars every year on been the leader here. We have teamed terials production reactors; two areas the health care of its people, the very together over the years to insure that for reprocessing and recovering the ma- least we can do is to try to address the the Savannah River complex meets the terials produced in the reactors; facili- dangers of alcohol by discouraging the Nation’s national security needs. ties for heavy water production; reac- early drinking that often results in Today, I want to address the future of tor fuel and reactor target facilities; later addiction, alcohol dependency, or that complex. and a large number of support facili- even more unfortunate consequences. The end of the cold war and the sign- ties. It is dangerously irresponsible for ing of two landmark strategic arms re- E.I. du Pont Co. was asked both to liquor companies to merchandise their duction treaties will produce dramatic build and to run the facility. Du Pont vices using the influential power and reductions both in the future role of accepted the challenge, and for the sum looming ubiquity of television. Shame. nuclear weapons in our Nation’s na- of $1 per year, du Pont constructed and Shame on the Seagram Corp.—shame tional security planning, and in the then operated Savannah River for 40 on the Seagram Corp.—for defying its size of our nuclear weapons stockpile. years. Today, a subsidiary of Westing- own agreement with the people of this Moreover, the building momentum to- house runs Savannah River for the De- country. ward a comprehensive test ban treaty, partment of Energy. I urge every member of the liquor in- if it occurs, could eliminate the design Over the last half-century, Savannah dustry to comply with the 48-year-old and production of new nuclear weapons River and its 20,000 employees have decision to keep liquor ads off the air- with new military requirements. Thus, played a major role in winning the cold waves—off the airwaves. The health, the Department of Energy has begun to war. But that confrontation is now the well-being, and moral character of reduce the size and complexity of its over. As a result, Savannah River, like our Nation far outweighs the profit nuclear weapons production facilities. so many other defense facilities, must that might be generated from broad- As part of this process, the Savannah find new roles and a new future. What cast advertisements peddling hard liq- River Site must adapt to the changing is the future of the Savannah River and uor. national security picture, and must what new missions are possible? How Mr. President, ‘‘Tell them not to broaden its long-standing focus beyond can the Nation best utilize the Savan- drink the stuff that I drank.’’ the production of nuclear weapons ma- nah River Sites—unique talents of its I yield the floor. I suggest the ab- terials. skilled work ‘force and its large and sence of a quorum. At the close of World War II, the easily accessible physical plant? How The PRESIDING OFFICER (Mr. United States was the only nation in can Savannah River draw on its his- INHOFE). The clerk will call the roll. the world with the technological capa- tory, its skills, and lessons learned to The bill clerk proceeded to call the bility to design and build nuclear weap- make a substantial contribution to our roll. ons—weapons which became an essen- national security for the next 50 years? Mr. NUNN. Mr. President, I ask tial element of our national security These questions are important to the unanimous consent that the order for and deterrent posture. In the early Department of Energy, the Department the quorum call be rescinded. I say to years of the Atomic Age, the tech- of Defense, the communities in Georgia my colleagues, this is only for a nology was crude and the materials and South Carolina affected by the Sa- speech, after which I will put the needed for these weapons were scarce. vannah River complex, and, of course, quorum call back in. To remedy this situation, the United those dedicated employees who work in The PRESIDING OFFICER. Without States embarked on a massive post-war that facility. objection, it is so ordered. effort to develop a nuclear weapons I believe that there are at least three production complex that could design, new and challenging missions for Sa- f test, build, modify, and disassemble nu- vannah River: a cleanup technologies NATIONAL DEFENSE AUTHORIZA- clear weapons on an industrial scale, mission; an energy and environmental TION ACT FOR FISCAL YEAR 1997 and that could produce all the nec- research mission; and a new national essary materials, such as plutonium, The Senate continued with the con- security mission. highly-enriched uranium, and tritium, First, the Cleanup Mission. Over the sideration of the bill. in the quantities needed to support past 50 years of operation, the Depart- PRIVILEGE OF THE FLOOR such a program. In the 1950’s, the ment of Energy’s nuclear weapons pro- Mr. NUNN. Mr. President, I ask, on Atomic Energy Commission, built most duction complex has generated enor- behalf of Senator HARKIN, that Kevin of what we know today as the nuclear mous amounts of waste materials. This Ayelsworth be accorded the privilege of weapons production complex. This has led to extensive environmental the floor during debate on this bill. complex, scattered among 13 States contamination of the 17 facilities in 13 The PRESIDING OFFICER. Without and located on thousands of square States that make up the complex. The objection, it is so ordered. miles, produced tens of thousands of challenges facing the Department of THE SAVANNAH RIVER SITE nuclear warheads over the last half- Energy as it moves to clean up this Mr. NUNN. Mr. President, I would century. These warheads were the very complex are enormous. Neither the like to take this opportunity, while we foundation of our deterrence strategy exact cost nor the timetable for this are in the process of trying to work that, to date, has worked with no weap- cleanup is known, but most estimates matters out, so we do not waste the ons being used—and thank God for have been in the hundreds of billions of time of the Senate, to discuss the fu- that. dollars range, over decades of activity. ture of a facility that has long been a One of the major facilities of the nu- Today, cleanup is complicated by the key component of our Nation’s secu- clear weapons production complex is absence of agreed, legally-binding rity, the Department of Energy Savan- the Savannah River Site. Savannah cleanup standards. No one knows for nah River Site. I know my colleague, River consists of over 300 square miles sure what clean really means, or how the chairman, the Senator from South on what was originally farmland in much cleanup is enough. Identification Carolina, has been a devoted supporter rural South Carolina. This land was ac- of the extent of the contamination is

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7083 difficult, and most technologies for added advantage is that compared to this reprocessing option. The adminis- cleanup are either time-consuming, ex- the tanks, they will not leak. This tration will also have to carefully pensive, and not terribly efficient, or process is known as ‘‘vitrification.’’ weigh the impact of reprocessing on not yet invented, or some combination I am pleased that this new plant has U.S. nonproliferation policy against of the above. finally started operation; it is a badly the growing reluctance of States and The Department of Energy has set a needed addition to cleanup technology. their citizens to be burdened with addi- 30-year goal to complete the cleanup, In this year’s defense authorization tional radioactive and hazardous but the former Office of Technology bill, we have authorized an additional wastes, particularly when brought Assessment [OTA] suggested that that $15 million to accelerate the rate of from abroad, and this is certainly true goal was unreachable. The OTA also production of the glass logs at this in Georgia, and I think also in South found that, quote: plant. At DOE’s proposed long-term Carolina. The current regulatory process is not suffi- funding levels and planned operating Savannah River faces a massive cient to identify effectively urgent health- rate, it would take until the year 2028— cleanup challenge, apart from the liq- based remediation needs or to comprehen- that is over 30 years—to vitrify just the uid storage challenge. In just the last 2 sively identify public health impacts. liquid wastes stored in the tanks years, the Energy Department has Thus, it is virtually impossible to today. In my judgment, that is too spent over a billion dollars at Savan- make a reasoned assessment as to what long to have to rely on storage in un- nah River on environmental restora- should be cleaned up immediately and derground tanks. It is my hope that fu- tion and waste management activities. what can wait. In the absence of agreed ture Congresses will fund this plant for Between 1991 and 1997, it will have cleanup standards, the political process operation at its maximum design rate, spent between $3.5 and $4.5 billion for tends to set priorities for cleanup fund- in which case, the storage tanks could cleanup activities at Savannah River. ing—and this is not simply at Savan- be emptied about a decade sooner. Unfortunately, much of this money nah River but throughout the whole Another of the potential cleanup mis- will be spent on managing the storage Energy Department; it is one of our sions for the Savannah River site has of the accumulated wastes, not on biggest problems—according to the come into focus with the recent brief cleaning up waste sites. These funds squeaky wheel principle, rather than run of the H-canyon reprocessing facil- are just the tip of a total cleanup ice- based on scientific and immediate ity. The H-canyon was restarted in berg at Savannah River that will prob- needs. order to reprocess an accumulation of ably take decades—and additional bil- The success of Savannah River as one surplus materials left throughout the lions of dollars—to complete. of DOE’s production sites has not been plant complex when operations were In carrying out this long-term clean- without its costs. Like most industrial suspended, supposedly temporarily. up, we need to focus on more than the sites, and the other sites in the nuclear This brief operation of the H-canyon ultimate goal of restoring the land and weapons production complex, Savan- has removed radioactive and hazardous water at Savannah River to a more ac- ceptable condition. We also must focus nah River generated many waste materials from numerous areas across on developing more cost-effective tech- streams from its operations, including the site and consolidated it with al- nologies with which to carry out the large amounts of toxic, hazardous, and ready stored waste. This has reduced cleanup in future years. This is enor- radioactive wastes in a variety of hazards across the complex, improving mously important. If we do not develop forms. Some of these materials were worker health and safety in many new technologies, there will not be stored on-site, and some were disposed plant locations. enough money in the Treasury to clean of at the site. Other wastes were sim- Last year, the Secretary of Energy up all this, plus the other sites all over ply discharged into the on-site environ- announced that the Savannah River the country. From the perspective of ment. In some instances, the practices site had been designated to receive cleanup technologies, Savannah River employed were fully acceptable at the shipments of highly radioactive spent is already ahead of many of the other time; in other instances, the urgency of fuel from a number of foreign research Department of Energy facilities. For production to meet cold war threats reactors to which we had provided new that reason, Savannah River has the meant that little thought was given to fuel many years ago. This decision potential to make positive contribu- means that Savannah River will be- the long-term consequences of certain tions, not only to ongoing cleanup ac- come a so-called temporary storage production, storage, and disposal prac- tivities at other sites, but also to new site for additional quantities of spent tices. waste treatment technologies that will Over time, huge amounts of haz- fuel. On nonproliferation policy allow us to avoid a repeat of the experi- ardous wastes were generated and grounds, this administration has re- ences of the last 50 years. stored because there was no known fused to reprocess either this returning For example, horizontal drilling method either to treat or to dispose of research reactor fuel or the large accu- methods, borrowed from the oil drilling the waste. Unfortunately, when exist- mulation of spent fuel from the old re- industry and used at Savannah River, ing storage sites were filled, the usual actors on site. Yet, I do not believe have succeeded for the first time in re- practice was to build more waste stor- that we can allow the Savannah River moving volatile contaminants from age areas. Little thought and less site to continue to accumulate spent soils. This project was so successful money went to identify ways to treat fuel while we wait—and wait—and that the Department of Energy was or dispose of the waste and to reduce wait—for some ultimate long-term able to remove the contaminants 11 the amounts of waste in storage. Thus, spent- fuel storage plan to emerge. times more quickly than by previous wastes continued to accumulate over There are other options, and those cleanup methods. the years. Today, Savannah River options need to be addressed. Obvi- Much of the hazardous material con- stores, in underground tanks, more ously, one option would be to begin re- taminating Savannah River is not ra- than 34 million gallons of liquid, highly processing of spent fuel stored at Sa- dioactive. The nonradioactive haz- radioactive waste—enough to cover vannah River, followed by vitrification ardous materials are for the most part nearly 120 football fields 1 foot deep. of the resulting liquid waste streams at solvents and other materials com- The good news is that, earlier this a second Defense waste processing fa- monly used in industrial operations. year, DOE achieved startup of the De- cility. A second facility would be a ne- Savannah River has been, and should fense Waste Processing Facility at the cessity. Even at full capacity, the continue to be, a test bed for new, in- Savannah River site. This new plant DWPF plant that just opened will take novative cleanup and waste treatment takes those highly radioactive liquid too long, in my judgment, to rid the methodologies. Industry does not have wastes from the tanks, mixes the waste site of the already stored liquid wastes, the same ability and latitude as Savan- with melted glass, and molds the with all their hazards of leakage and nah River to develop and test innova- cooled waste in glass cylinders glass accident. We dare not add to those tive cleanup and waste treatment tech- logs. Although the glass logs are also risks by reprocessing spent fuel, and nologies. This unique Savannah River highly radioactive, they are easier to then storing new liquid wastes in the capability should be fully utilized. handle, and ultimately transport to a old tanks being emptied. I believe DOE The requirement to clean up the high-level waste storage facility. The will soon have to consider seriously water and the land at Savannah River

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7084 CONGRESSIONAL RECORD — SENATE June 27, 1996 also presents the opportunity to de- THE NATIONAL SECURITY MISSIONS be provided through the use of com- velop new, environmentally sound, The third mission, of course, is the mercial reactors. Expanded tritium ex- manufacturing and waste treatment national security mission. In the traction capability will have to be con- technologies. The development of an search for new missions, Savannah structed at Savannah River to support environmental restoration and waste River must not lose sight of its tradi- this contingency capability. The De- management research center at Savan- tional national security mission, which fense Authorization bill reported by nah River would contribute signifi- will continue for the foreseeable fu- the Senate Armed Services Committee cantly to increased efficiency in reme- ture. But this mission must be carried contains funding to begin the design diation technologies. Development of out in an environmentally sound man- process for this new tritium extraction environmental technologies like these ner. facility. would greatly assist the United States The continuing national security In the years to come, whatever tech- in restoring its reputation as the mission for Savannah River is built nology is selected in 1998 by the De- world’s environmental leader. around tritium. Tritium is a key ingre- partment of Energy, Savannah River THE ENVIRONMENTAL AND ENERGY RESEARCH dient in U.S. nuclear weapons. Tritium will continue to play the lead role in MISSION gas decays over time, and, thus, the ensuring that all nuclear weapons re- When Savannah River was under con- tritium in our nuclear weapons must maining in the United States inventory struction in the 1950’s, the AEC was be replaced at regular intervals. Trit- have an assured supply of tritium. concerned about the safety of the sur- ium formerly was produced in reactors Savannah River should also play a rounding population, particularly in at Savannah River, but tritium produc- new role in an emerging area of na- the event of an accident. As a result, tion ended with the shutdown of those tional security. The end of the cold war the reactors and other production fa- reactors in the late 1980’s. Since the and the negotiations of new arms con- trol agreements means that both this cilities are located in the center of the number of U.S. nuclear weapons has country and the Russian Federation site, and occupy only 5 percent of the been declining as a result of START are about to embark on the most mas- total site area. Surrounding these pro- agreements, Savannah River has been sive drawdown and dismantlement of duction facilities is a large, relatively able to recover and recycle the tritium untouched natural area. This buffer nuclear weapons in history. This proc- from retired nuclear weapons. This re- ess introduces new problems for the zone, designed to protect the public, covered tritium has then been reused has also protected a broad array of weapons complex. As nuclear weapons in the weapons remaining in the stock- are dismantled, the fissionable mate- wildlife, including five currently en- pile. These efforts have allowed the dangered species. rials remaining—plutonium and ura- United States to postpone new produc- The seeds of change to support an en- nium—must be safely and reliably ac- vironmental and energy research mis- tion for some time. But that time will counted for and stored pending perma- sion were planted back in 1972 when, to run out in the next few years. nent disposal. Long-term storage of New production of tritium will be protect this rich buffer zone, the AEC these materials raises a number of en- designated the Savannah River site as needed early in the next decade, pos- vironmental, proliferation, as well as, the Nation’s first national environ- sibly as early as 2005. That means that of course, political issues. Of course, mental research park. Today, Savan- a source of new tritium production these issues are extremely difficult. nah River is home to the Savannah must be identified in the next year or New, innovative, peaceful uses for River Ecology Laboratory, a major en- two. As a Nation, we must ensure that, these fissile materials, particularly vironmental research center operated once the current excess inventory of plutonium, must be developed. Savan- by the University of Georgia. The lab- tritium is depleted, we have in place a nah River, long a production site for oratory should serve as one foundation new, safe, and highly reliable source of plutonium, has the specialized skills to for this major new and positive mission tritium. With its special tritium-han- help identify methods to account for, for Savannah River. The physical at- dling capacity, newly constructed trit- to use for nonweapons purposes, or to tributes of the site, coupled with the ium handling facilities and long- destroy plutonium. Savannah River unique expertise of the Savannah Ecol- standing expertise, Savannah River should play a key role in the dis- ogy Laboratory, make Savannah River will remain a key player in preserving mantlement process through the iden- an ideal choice for energy and ecology our nuclear arsenal. tification, development, and dem- research. Location of an accelerator for new onstration of reuse and/or destruction Mr. President, development of envi- tritium production capacity at Savan- technologies for plutonium. This is ronmentally sound energy sources is nah River would be a natural and log- quite a challenge, but the challenge one important key to the ability of the ical complement to the existing trit- must be met. United States to remain competitive in ium handling and loading capacity al- NEXT STEPS manufacturing. Greater energy inde- ready located there. Savannah River’s new course must pendence is also critically important Another feasible, and probably more emerge over the coming years. A new to our national security interests. En- cost-effective, option would be to course for the Savannah River site can vironmentally sound, renewable energy produce tritium in an existing com- only be successful with the participa- production can simultaneously reduce mercial reactor, either through pur- tion and support of the communities the Nation’s dependence on foreign oil chase of irradiation services or through surrounding the site, the States of and ensure that we need not risk ex- purchase by DOE of an existing com- Georgia and South Carolina, the De- ploring for oil in environmentally sen- mercial reactor, to be operated by a partment of Energy and its operating sitive coastal and offshore areas. contractor. In this option, the tritium contractor, the environmental and reg- Savannah River’s size and location targets would be shipped to Savannah ulatory communities, and the Con- make it a unique site in the south- River, where it would be recovered and gress. I have outlined this morning a eastern United States for development made ready for the inventory. If this number of suggestions for the future of of solar energy research, for clean coal option were selected, Plant Vogtle, the Savannah River site, and I look research, and as a possible research owned by the Georgia Power Co. and forward to working with all of these park for nuclear power and the next located directly across the Savannah important players, and particularly generation of nuclear power reactors. River from the Savannah River site, with the chairman of this committee, The Ecology Laboratory is a leader would be a leading candidate. DOE will Senator THURMOND, who is an expert in the study of radiation and its effects select the technology for new tritium and really understands the challenges on the environment, and thus is a nat- production at the end of 1998. there, in defining, shaping, and imple- ural player in the quest to identify en- All of these options have to be menting the future missions of the Sa- vironmentally sound energy sources. weighed both to their advantages and vannah River site—‘‘The second 50 This special capability, coupled with disadvantages. years.’’ the exceptional technical skills of the In the meantime, the DOE has to de- Mr. President, that completes my re- Savannah River work force, presents a velop a nearer term contingency capa- marks. In accordance with my agree- rare opportunity for environmentally bility in the event of a national emer- ment, I suggest the absence of a sound energy research. gency. This contingency capability will quorum.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7085 The PRESIDING OFFICER. The requested by the administration, not that the current language does not, but clerk will call the roll. mentioned by any of the services in I have included in my remarks an in- The assistant legislative clerk pro- their so-called wish list for priority tent to modify the amendment when ceeded to call the roll. items that did not make the budget re- formally taken up so that both the au- Mr. THURMOND. Mr. President, I quest and not even a part of DOD’s thorizing and the appropriating com- ask unanimous consent that the order long-range 5-year plan. mittees would be affected by the lan- for the quorum call be rescinded. To this effect, I am offering this guage. It is very much in concert with The PRESIDING OFFICER. Without sense-of-the-Senate resolution, along the intent long expressed in the leader- objection, it is so ordered. with the distinguished Senator from ship provided by the distinguished Sen- Mr. ROBB addressed the Chair. Arizona, Senator MCCAIN, that urges ator from Georgia and many others The PRESIDING OFFICER. The Sen- the Senate, to the extent practicable, who have worked long and hard with ator from Virginia. to authorize military equipment and to the military committees, both the au- Mr. ROBB. Mr. President, if no other appropriate military equipment only if thorizing and the appropriating com- Senator is desiring to take the floor at that equipment is, first, in the admin- mittees. this particular moment, I would like to istration’s request; or second, in the Mr. President, the criteria that I am speak on an amendment that I have long-range plans of the Department of referring to, the inspiration for this filed at the desk but do not plan to Defense; or third, in a supplemental re- particular amendment, call for the offer until the current matter is re- quest issued by the Office of the Sec- Senate to authorize only those mili- solved. retary of Defense, the military depart- tary construction projects that are in The PRESIDING OFFICER. The Sen- ments, the National Guard Bureau, or the request in the DOD’s future years ator from Virginia. the Reserve chiefs, after the initial re- defense plan and that meet other im- AMENDMENT NO. 4363 quest is made. portant criteria or similarly are af- Mr. ROBB. Mr. President, the amend- If an item meets one or more of these fected by the appropriations process. ment that I have filed at the desk is criteria, we would be assured that at a Those criteria have already served the number 4363. It is designed to bring minimum it is something that the national interest well by substantially more discipline to the manner in which military believes that it needs either curtailing the authorization of con- we authorize and appropriate military now or in the future if more funds were struction projects not requested by the programs. Each year we receive from available. If an item cannot meet these department. the administration a request for au- minimal criteria, then I think at the In an era when defense dollars are be- thorization of defense programs for the very least it deserves very careful and coming tougher to find, while our upcoming fiscal year. That request is critical examination. sources are stretched thin overseas, it the product of a lengthy and thorough Mr. President, this amendment, when seems to me critical that we exercise process at the Department of Defense, formally offered, does not state that extraordinary prudence and foresight Department of Energy, the Office of the Senate should never authorize re- in avoiding the expenditure of taxpayer Management and Budget, the White quests that did not meet these criteria. dollars for purposes other than those House, and many other Federal agen- I am not urging that we advocate our recommended by the Department of cies, to forge the best military force legislative responsibilities by deferring Defense. By highlighting these items in possible in the face of some rather se- without question to the Department. the committee report, we increase the vere fiscal constraints. Indeed, the reason I voted against the visibility of these add-ons and ensure The process of building DOD’s budget amendment offered yesterday that that they are fully justified in and is an enormously complicated process. would have deleted all spending not evaluated by the Congress and the pub- It is unique in scope among Govern- specifically requested by the Depart- lic at large. ment departments. It involves at least ment is that I thought it could be in- Let me be clear, Mr. President, all of 2 years of preparation explicitly for one terpreted as a complete abdication of us have at one time or another re- fiscal year’s budget submission. It in- legislative responsibility, and I did not quested projects that do not meet the volves hundreds of thousands of want to go that far. criteria established in this amendment, manhours by experts throughout the Rather, the amendment that I have myself included. But if these are defense community. It involves careful filed at the desk calls for the Senate projects that we feel strongly about in analysis, computer modeling, war-gam- Armed Services Committee to include terms of their national security value, ing, tradeoffs, and compromise. It is a separate section in the committee re- we ought to be prepared to have those not a process that we in the Congress port, and it will be amended to include items highlighted as adds in the com- should take lightly. We have extraor- similar language to affect the appro- mittee report and defend them on their dinary expertise here in the Senate priating committee, that would provide merit. among both Members and staff, but I a detailed national security justifica- Let me make a comment about the believe we would be naive to ignore the tion for any equipment that does not National Guard and Reserves. We are complexity and delicate nature of meet the criteria. all aware of the DOD’s perpetual un- maintaining a defense program that The amendment also calls for a sepa- willingness to adequately fund Guard best serves the national interests. rate section in the Armed Services and Reserve equipment and military Mr. President, I am not suggesting Committee report, justifying any mili- construction accounts. Too often, with- that we defer carte blanche to the De- tary construction projects that do not out congressional leadership, the partment of Defense. I am suggesting meet the military construction project Guard and Reserves would be using that we exercise considerable caution criteria that was set forth by my good outmoded equipment and operating out in making significant changes to the friend from Arizona in the fiscal year of tents. request, especially in the areas of mili- 1995 defense authorization bill. Similar The criteria set forth in this amend- tary equipment and construction, areas language will be inserted to effect the ment include any requests from the where Members are particularly in- appropriations process. National Guard Bureau and the Re- clined to make adds which may have Mr. NUNN. Will the Senator yield? serve components. In addition, much of nothing to do with national security. Mr. ROBB. Mr. President, I am happy the Guard and Reserve equipment and Mr. President, this year alone the to yield to the Senator. military construction we authorize committee has added more than $13 bil- Mr. NUNN. I have not studied the each year is, in fact, in the future lion to the administration’s fiscal year amendment, and I would like to look at year’s defense plan of the Department 1997 request. I support most of that in- it more. I suggest, and I believe the of Defense, but we just do not see it. crease because I believe we are not Senator may have said this, if this ap- To remedy this, I introduced an doing enough to modernize and replace plies to the authorization committee, amendment, along with my distin- our aging weapons inventory. I am it certainly should also apply to the guished senior colleague from Virginia, very much concerned that too much of appropriation committee. Senator WARNER, that was agreed to that increase, almost $2.2 billion by Mr. ROBB. Mr. President, I say to the yesterday to require in permanent law one estimate, involves programs not distinguished Senator from Georgia the submission to Congress of the

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7086 CONGRESSIONAL RECORD — SENATE June 27, 1996 DOD’s future plan, or FYDP, for the Not surprisingly, such an event as some background here because our Guard and Reserves. The DOD is cur- the centennial games is too big for any friends in Utah, Senator HATCH and rently required to submit its FYDP single municipal or State government Senator BENNETT, are going to be faced only for the active forces. That amend- to take care of the safety and security with the same kind of challenges in ment will, at a minimum, allow the without appropriate help from the Fed- terms of security in the years ahead as Congress to make more informed judg- eral Government. they prepare for the Winter Olympics ments about what should be added for Those who won the selection of At- which has already been awarded to Guard and Reserve forces. lanta as the Olympic venue understood that State and to our country. All of the men and women of our at the beginning that they would be re- Some of these accounts have ques- Armed Forces—active, Reserve, and sponsible for providing the cost of put- tioned in particular the appropriate- Guard—deserve to have equipment and ting on the games, and they are spend- ness of Department of Defense per- facilities that meet their needs. In ing about $1.5 billion to do so. They sonnel and equipment being used to short, Mr. President, we owe it to them should not and did not, however, plan provide security and security-related to avoid authorizing those items that to pay the bill to guarantee the secu- support for the Atlanta Olympic the Department of Defense has shown rity of millions of visitors from all games. no interest in now or in the future, or over the world and all of the athletes I realize that an important part of appropriating those items which the in an era of terrorism. In the era of our democracy is public scrutiny of government actions. Elected officials Department of Defense has shown no modern terrorism, safety for an event and others in government must be held interest in now or for the future, and to of this type simply cannot be guaran- accountable for their actions. It is en- have the courage explicitly to high- teed without help from the Federal tirely appropriate for the public, the light debate and justify any such items Government. So if you remove the Fed- news media, and Members of Congress that we decide to go ahead with and eral Government from the scene, there to ask the tough questions about stew- authorize. would be no venue in America, in my With that, Mr. President, at the ap- opinion, that could host international ardship of public funds and resources. However, the media and the Congress propriate time, I will modify the games, certainly not of this magnitude. have a responsibility to provide the amendment at the desk, and I will urge Mr. President, I support appropriate public with facts—not half-truths, in- its adoption. I suggest the absence of a Department of Defense assistance for nuendo, and unsubstantiated opinion quorum. the Atlanta Olympics. My friend, Sen- without factual foundation. Given the The PRESIDING OFFICER. The ator COVERDELL, and I have supported numerous inaccuracies contained in clerk will call the roll. this funding, and we have done so vig- many of the media and congressional The assistant legislative clerk pro- orously, and many of our colleagues, in statements regarding the Olympics, I ceeded to call the roll. fact a vast majority on the floor of the rise today to provide what the news Mr. NUNN. Mr. President, I ask Senate and in the House, have joined unanimous consent that the order for commentator Paul Harvey called the us. rest of the story. the quorum call be rescinded. This is not simply because it is At- In 1991, Congress authorized the De- The PRESIDING OFFICER. Without lanta. I supported similar funding and partment of Defense to provide per- objection, it is so ordered. support for the Olympic games at Lake sonnel and logistics support for the 1996 ATLANTA OLYMPIC GAMES Placid in 1980 and Los Angeles in 1994, Centennial Olympic games as well as Mr. NUNN. Mr. President, over the the PanAmerican games in Indianap- the Paralympics—the inspiring com- course of recent weeks, there has been olis in 1987 and the Special Olympics in petition of some 4,000 disabled athletes growing interest and excitement in the New Haven in 1995, as well as other from 102 counties who have overcome a 1996 Atlanta Olympic games. This has international contests hosted by the handicap to become a world-class ath- been highlighted by the Olympic torch United States. It simply has to be lete. Believe me, these are, indeed, relay across the country and here at done. It is one of those elements of na- world class athletics. The Paralympics the U.S. Capitol last week. It was fur- tional security that is very, very im- take place 11 days after the conclusion ther enhanced by the electrifying portant, and it must be defined as na- of the Olympics, although they are not record-breaking runs at the Olympic tional security because no city or under the direction or direct auspices trials held this past weekend. The Cen- State can possibly deal with the kind of the Atlanta Committee for the tennial Olympic games begin in less of threats of terrorism we have in the Olympic Games [ACOG]. In other than 4 weeks and will be held prin- world today. words, they are not under ACOG, but it cipally in Atlanta. However, additional For events of such magnitude, the will take place in many of the same venues are scattered throughout the Congress has long authorized the use of venues and will be in the Atlanta vicin- State of Georgia as well as Florida, military personnel and equipment—in ity. Alabama, Tennessee, and the District carefully prescribed circumstances—to Taxpayer-funded DOD support for the of Columbia. be used in support of these events. In Olympics is provided for functions to All in all, more than 10,000 athletes some cases, this support requires full protect the safety of participants and and 2 million spectators from around reimbursement, and in some cases— spectators in four States and the Dis- the world will participate in the games, such as security activities—there is no trict of Columbia. Requests for DOD making this event the largest peace- reimbursement requirement. For the services have been jointly compiled time gathering in history. By compari- Atlanta games, Federal support for the over a 4-year period of study by secu- son, the Atlanta games will be approxi- Olympics and Paralympics has been a rity personnel and others representing mately twice the size of the Los Ange- bipartisan effort from day one under over 50 local, State, and Federal Gov- les Olympics in terms of the number of the Bush administration. This bipar- ernment agencies. The DOD and the participants and spectators. tisan effort has continued through the military services reviewed these re- In addition, Atlanta will host ath- years as the Congress has provided the quests and accepted only those they letes from 197 countries around the appropriate authorization and appro- considered appropriate for security and globe. That is an additional 57 coun- priation to support the games in both security-related support. DOD can pro- tries from those 140 which participated Republican and Democratic adminis- vide non-security support for special in the 1984 games. trations, both Republican and Demo- events on a reimbursable basis—and, To give my colleagues a point of ref- cratic Congresses. DOD is doing so for the Atlanta Olym- erence, particularly for the football Unfortunately, there have been a pic and Paralympic games. Where DOD fans among them, the Atlanta Olympic number of glaringly inaccurate or mis- has a unique capability not readily games will be the equivalent of one leading reports about support provided available elsewhere they have been city hosting six Super Bowl games each to the Atlanta Olympics. providing some of the support on a re- day for 17 days straight. I think it is important, before we imbursable basis. So it is a Super Bowl times six each have an Olympic amendment which we This is not a comprehensive list of day for 17 days. That is quite an under- are going to have which hopefully will everything that has been said, but it is taking. be worked out, it is important to have my best effort to deal with some of the

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7087 more egregious accounts or distortions vans to transport spectators to the lanta. The use of military personnel in that I have come across about the Olympic Games. Fact: Military per- driving the buses has many advan- Olympics and the Paralympics and the sonnel will not drive spectator buses tages. These include the fact that the facts that respond to these allegations and vans. Military personnel will be danger of infiltration of the driver pool which have been, in some cases, mis- used to transport athletes and law en- is virtually eliminated in comparison leading and in other cases completely forcement officials moving between the to the danger of using volunteer or false. Olympic Village and event venues. This commercial drivers. In addition, mili- This is an up-to-date list as of today, has been a part of the security plan tary personnel are both disciplined and but I must say the critics of the At- since its inception. Of the 1,058 mili- reliable—all personnel are specially lanta Committee on the Olympic tary drivers provided to support the trained in varying degrees for perform- games seem to come up with new alle- Olympics, 419 will remain in Atlanta ance in combat or other difficult cir- gations as fast as old ones are refuted. after the Olympics to provide support cumstances. Let me just deal with a few of them to the Paralympic athletes. The Jus- Once again, prudent planning and today because I think it is important tice Department and the FBI subse- precaution in this security arena may for the record to be straight. I cer- quently determined that this function make the difference between life and tainly think it is important as we con- is a valid and essential part of the com- death, and here I, for one, will defer to sider a later amendment, and also as prehensive security plan. This was the the experts in security who felt this Senator HATCH and Senator BENNETT recommendation of our top law en- was an essential security need. deal with the security requests that forcement officials as to what was Misleading report No. 4: DOD per- will be forthcoming for the games that needed for security. While some may sonnel will be assigned to wash the will be held in Utah. Olympic buses. Fact: DOD personnel Misleading report No. 1: DOD has ac- want to second-guess or Monday morn- ing quarterback this decision, I cer- will not be washing buses. In fact, ceded to all requests from ACOG and ACOG has established and paid for a State and local law enforcement groups tainly am not one of those. Mr. Presi- dent, I ask unanimous consent that a vehicle wash and transportation stag- without making measured judgments ing facility located at Fort Gillem in of what type of military-related assist- letter from the Assistant Attorney General of the United States con- Atlanta. ACOG employees and Olympic ance is justified and appropriate. That volunteers will operate the facility to is the charge. Fact: DOD received nu- cerning the use of military drivers at the Olympics be printed in the RECORD. wash the Olympic buses. At the conclu- merous requests for assistance from sion of the Olympic and Paralympic ACOG and law enforcement agencies There being no objection, the letter was ordered to be printed in the games, this facility and improvements, which DOD considered inappropriate valued at $108,000, will be donated to for military personnel to execute and RECORD, as follows: OFFICE OF THE DEPUTY the U.S. Army—providing a continuous these were denied. For example, re- benefit to activities and personnel at quest for DOD to: operate ATTORNEY GENERAL, Fort Gillem. magnetometers at entry points—re- Washington, DC, March 27, 1996. Hon. SAM NUNN, Misleading report No. 5, and this one quest denied; guard local communica- U.S. Senate, Senate Dirksen Office Building, has popped up over and over again. It tions and power infrastructure—re- Washington, DC. almost seems to be one that cannot be quest denied; provide security support DEAR SENATOR NUNN: The Department of put to rest. The State of Georgia has at the International Press Center, Cen- Justice (DOJ) is pleased to respond to your charged DOD over $100,000 for military tennial Park, International Olympic inquiry concerning the Department of De- fense (DOD) reprogramming as it relates to personnel to obtain State-issued com- Committee Headquarters, and VIP ho- mercial drivers licenses. Fact: The tels—request denied. security issues for the Olympic Games in At- State of Georgia has not charged DOD Neither I nor DOD would contend lanta. Security for the Olympics will be pro- vided by a combination of federal, state and anything for the testing and licensing that these requests were frivolous. It is local law enforcement, private guards, vol- simply that within the scope of avail- of the military drivers. The military unteers, and DOD personnel. It is the opinion determined that for its own require- able resources and the best analysis of of this Department that the DOD component the type of security threat that re- ments—liability, interstate travel, is critical to the safety of the Games. We etc.—it would be prudent to obtain quires U.S. military help, careful judg- have reviewed the reprogramming submis- ments were made from the perspective sion and concur in DOD’s assessment that commercial licenses for their per- of stewardship of resources and the the requested functions all are essential. sonnel. General Tilelli of U.S. Army proper use of military personnel. These include venue and route security, EOD Forces Command [FORSCOM] stated Misleading report No. 2: That $13,325 support, vehicle and package sanitization, for the record before the Armed Serv- spent by DOD was wasted on what a athlete bus drivers, and administrative sup- ices Committee on July 11, 1996, ‘‘the port for the DOD personnel. It is imperative Georgia Department of Safety is pro- May 7, 1996 Washington Post article de- that each of these functions, especially mili- scribed, ‘‘something called aviation viding testing and licenses for military tary drivers for athlete buses, be included in drivers stationed in Georgia and sup- planning and landing zones.’’ That is the reprogramming as they have been in- the charge. Fact: DOD spent this sum cluded in DOD support requests from the porting the Olympics at no cost to for aerial surveys to determine the best outset and have been approved through var- DOD.’’ GAO confirmed this information locations to bring in military or law ious stages of review. in a June 14 report which stated that enforcement helicopters in an emer- This reprogramming will play a vital role the 358 DOD drivers from bases in Geor- gency. We must remember that the ma- in providing a secure environment for the gia will obtain Georgia-issued commer- jority of the Olympic events will occur Olympics and ensuring the public safety of cial drivers licenses at no cost to DOD the visitors to and residents of the Atlanta as agreed to in a Memorandum of within a 3-mile area in downtown At- area. lanta, which has restricted airspace Of course, DOJ staff are available to pro- Agreement of May 14, 1996 between the and will be flooded with Olympic par- vide more information to members of Con- Department of the Army and the Geor- ticipants and spectators. Route plan- gress on the Department’s position on this gia Department of Public Safety. ning for emergency airlift situations is issue should they so desire. Earlier disinformation contending a critical security function and does Sincerely, that Georgia was charging for commer- not require the DOD to be reimbursed. JAMIE S. GORELICK. cial licenses may have given the im- It is my great hope that medical Mr. NUNN. I find it ironic that these pression that the State of Georgia is teams, hostage rescue forces or explo- recent press accounts would make light nickel and diming the Federal Govern- sive ordnance or chemical/biological of this security mission. We need look ment to death over the Olympics. In teams will not be called upon to fly no further than the bombings in Egypt, fact, the State is leaning over back- into an event area. However, if they Israel and the recent one in Saudi Ara- ward to accommodate the military, as are, this prudent planning will save bia as well as other nations to realize well they should. I also would like to time and perhaps precious lives in an that buses and other transportation point out that the State of Georgia is emergency. hubs are frequent targets of terrorists. spending more than $72 million of its Misleading report No. 3: Military per- It would be unthinkable for security own funds on Olympic security, includ- sonnel will be used to drive buses and personnel to ignore this prospect in At- ing the salaries of law officers who will

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7088 CONGRESSIONAL RECORD — SENATE June 27, 1996 be assigned to full-time Olympic secu- 1995 for the costs associated with the their own performance and their tre- rity duties. Not counting state prison use of these barges. Again, a fact that mendous courage that the definition of guards, some 73 percent of all State of could have been ascertained before the ‘‘incapacitated″ needs reexamination Georgia employees who have law en- misleading reports were printed. by our society. forcement credentials will be assigned Also ignored in the media reports Mr. President, I imagine there are to the Olympics. This is not just At- was the fact that the yachting com- other inaccurate accounts that have lanta, but the whole State. So almost petition will take place in waters sur- been publicly disseminated but have 75 percent of all credentialed law en- rounding environmentally sensitive not come to my attention. I do not pre- forcement officials will be used by barrier islands. In total, 25 barges—3 tend that I am answering everything Georgia in the Olympics. from the Navy—will be used as spec- that has been in the media. I have not Misleading report No. 6: DOD per- tator platforms in an effort to protect read it all. Unfortunately, it seems sonnel will be watering the Olympic the sensitive coastal areas from irrep- that many members of the media in field hockey fields. That is the charge. arable damage. I am advised that the this area have not taken the time to Fact: DOD personnel will not be water- three Navy barges are over 45 years check the facts. I simply urge, when ing Olympic playing fields. Media ac- old, were in storage until they were these other reports or charges come up, counts have led the public to believe brought up to a usable condition—at that someone check with the Depart- that DOD personnel engaged in this ac- ACOG’s expense—and were moved to ment of Defense, check with the ACOG tivity, conjuring an image of teams of Savannah by the Army’s 7th Transpor- committee before they write these soldiers acting as laborers with garden tation Group at Fort Eustis, VA. The kinds of articles. Hopefully, in the hoses. In fact, one television news read- DOD Office of Special Events deter- weeks ahead, the critics will check er asked, ‘‘doesn’t the military know mined that movement of the barges by some of the cynicism at the door and that water won’t make artificial turf the Army was a non reimbursable ex- focus on the many good and positive grow?’’ This claim is simply not true. pense. All other costs associated with stories associated with the aspirations This watering equipment was requested the barges were deemed reimbursable and preparations involved with the for use during the games because local by the Office of Special Events and Olympics and the Paralympics, a very water department officials and the At- were reimbursed by ACOG. special part of our modern history. lanta fire chief feared that water pres- Misleading report No. 8: DOD pur- Mr. President, I have previously sure in their municipal water system chased ice chests for the Atlanta Police asked that the attachment from the would fall to dangerous levels under Department. Fact: DOD is not pur- deputy attorney general that I alluded the known demand to dispense 4,500 chasing new ice chests for the police as to be printed in the RECORD. gallons of water over a field in a 7 the public has been led to believe. DOD Mr. COVERDELL addressed the minute period twice during each com- will provide 35 chests from current Chair. petition. DOD will provide four 50,000 DOD stock inventory on a use and re- The PRESIDING OFFICER. The Sen- gallon water bladders, two 20,000 gallon turn basis. Once again, General ator from Georgia is recognized. water bladders, and six water pumps Tilelli’s responses to questions at the Mr. COVERDELL. Mr. President, I which will be used to water three June 11 Committee hearing confirmed ask unanimous consent that I be al- Olympic field hockey fields. As GAO that DOD will loan the stock coolers to lowed to speak as in morning business noted in its June 14 letter to Senator the police. This is the stock of material for up to maybe 10 minutes. MCCAIN that military personnel will that is retained by the Office of Special The PRESIDING OFFICER. Without operate the bladders and ‘‘ACOG per- Events for just such use. objection, it is so ordered. sonnel will operate the above ground Misleading report No. 9: DOD has f watering systems distributing water on provided nonsecurity support for the the fields . . . in accordance with Field Atlanta Olympic games, but it has not ROHYPNOL, THE DATE RAPE DRUG Hockey International Federation been reimbursed. Fact: For the non se- Mr. COVERDELL. Mr. President, as rules.’’ The military uses this equip- curity items that have been provided chairman of the Western Hemisphere ment to store and distribute water to to date, ACOG has reimbursed DOD in subcommittee of the Foreign Relations its personnel in extreme environments, full and will reimburse when any fu- Committee, I have recently come upon and similar equipment was used in Op- ture nonsecurity support is provided. a very serious crisis beginning to de- erations Desert Storm and Desert To date, ACOG and associated Olympic velop in our country. As you know, we Shield. As a matter of fact, similar organizing committees have reim- have been exceedingly interested in the equipment was used when we had the bursed DOD almost $600,000. Future re- drug epidemic for which this country is huge floods in Georgia and we had imbursements are expected to exceed currently exposed, with drug use whole cities that could not be supplied $100,000. among our young teenagers virtually with water, where people literally had Misleading report No. 10: DOD con- doubling in the last 36 months. no water to drink. DOD came in that structed a new dining facility for ath- But in the course of the inquiry and emergency and helped, as they have letes use during the Olympic games. the hearings, we have come across a with other floods around the country. Fact: DOD provided a relocatable facil- new drug called Rohypnol. This drug is A similar DOD bladder system was ity at the Paralympic Athletes Village now being characterized in the media tested for the Olympics in 1995 at a in support of the Paralympic games. as a date rape drug. I will share with cost of $11,884 for setting up and oper- After its use at the games, this the Senate some of the horrible and ating the system. relocatable facility will be transported tragic effects of this new drug that has The important thing here, as with to Blount Island, FL, to support main- found its way increasingly into our other nonsecurity activities, expenses tenance activities for active duty Ma- country, particularly in our southern to the military are reimbursed. ACOG rines stationed at this facility. Person- States, Florida, in Texas, but through- reimbursed the costs in 1995 and will ally, I am proud that our military is out the South. reimburse all associated costs for the able to assist the Paralympics in this I quote, ‘‘It is an ideal drug for preda- water system when it is used during fashion. tors to give women for the purpose of the games. Any diligent reporter could If anyone objects to this, let it be sexual assault.’’ This is a quote from a have ascertained these facts before criticized in the effect of it being the former Los Angeles police officer who printing the misleading information. Paralympics, not the Olympics. I be- said, ‘‘The victim is defenseless, and Misleading report No. 7: The Navy lieve our soldiers take great pride in she doesn’t have a memory of it when has contributed $39,750 worth of barges participating in a project that assists she comes to.’’ to support the Olympic yachting athletes of such astounding, astound- ‘‘We’ve never come up with a pill competion. Fact: The Navy has pro- ing great courage. Members of our that has these specific characteris- vided three barges for use at Olympic military sadly are no strangers to the tics,’’ Bob Nichols, Broward County, yachting competitions outside of Sa- impact of injury or illness that some FL, prosecutor said. ‘‘I know of no vannah, but not at taxpayer expense. define as ‘‘incapacitating.’’ But the other pill that erases your memory and ACOG reimbursed the DOD $39,750 in Paralympic athletes have proved by takes effect in 10 minutes.’’

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7089 Michael Scarce, director of the Rape cans. And in a most tragic form be- being put upon the citizens of our Education and Prevention Program at cause it is now being used as a lethal country. I yield the floor. Ohio State University, recently re- weapon. It is not just a matter of f ceived a call from a rape crisis center choice, a bad choice to use drugs, this in another State and recounted it to a is an innocent victim, this is a victim NATIONAL DEFENSE AUTHORIZA- Columbus, OH, newspaper. ‘‘An em- not necessarily involved in drugs, who TION ACT FOR FISCAL YEAR 1997 ployee of the center informed me that is being victimized by a predator. The Senate continued with consider- they had had a long conversation with As a result of these findings, Mr. ation of the bill. President, we will hold a hearing on an OSU student who was looking for AMENDMENT NO. 4350, WITHDRAWN July 16 in the Western Hemisphere the drug over the Internet to use it for Mr. WARNER. Mr. President, last Subcommittee to further explore the sexual purposes.’’ night I was joined by the distinguished vast and new growth of this violent Mr. President, in a Washington, DC Senator from Georgia, and during drug that is being brought into the suburb, two men, ages 18 and 19, were wrap-up I inadvertently sent to the United States. charged with rape and contributing to desk amendment No. 4350. I wish to the delinquency of a minor after giving Mr. President, later this afternoon I will introduce legislation that creates correct that and withdraw the amend- Rohypnol to two 15-year-old girls. The ment. men slipped Rohypnol into the a new Federal cause of action to com- bat rapists and other felons who use The PRESIDING OFFICER. Without unsuspecting girls’ sodas. objection, it is so ordered. One Broward County, FL, man who Rohypnol or other illegal imported controlled substances as a weapon to The amendment (No. 4350) was with- pleaded guilty to Rohypnol rape in a drawn. 1993 case told authorities that he used exploit innocent victims. Under the bill, a criminal who admin- Mr. NUNN. Mr. President, I suggest this drug to rape as many as 20 women. the absence of a quorum. A 17-year-old Coral Springs girl was isters Rohypnol against the will of an- The PRESIDING OFFICER. The raped on January 7 while she was under other person in order to commit rape clerk will call the roll. the influence of Rohypnol, lost 10 hours or other felonies would face stiff new The legislative clerk proceeded to between having dinner with friends and prison sentences and fines. The meas- call the roll. waking up in a strange hotel bed. ure will take a tough stand against Mr. SMITH. Mr. President, I ask An incident involving a 15-year-old this new threat which is growing as unanimous consent that the order for from Cooper City, FL, that happened in this drug is smuggled into our country the quorum call be rescinded. June at a sweet-16 party at the from Mexico, Colombia and other Na- The PRESIDING OFFICER. Without Merrimac Hotel in Ft. Lauderdale. Po- tions in our hemisphere. objection, it is so ordered. lice have charged two brothers and an- It will send a clear message to rapists other gentleman with repeated rape in and other predators that attempting to UNANIMOUS-CONSENT REQUEST this case. use this new drug as a weapon against Mr. SMITH. Mr. President, I ask The list of this type of incident goes innocent victims will not be tolerated unanimous consent that notwith- on and on, and with increasing fre- in the United States. This new crime is standing rule XXII, at the hour of 4 quency across our country. An necessary due to the unprecedented o’clock p.m. today the Senate lay aside unsuspecting victim has somebody danger this new criminal tool poses to any pending amendments to the DOD offer them a drink or a soda, slips one unsuspecting victims—Americans. authorization bill and Senator PRYOR We desperately need to deter this in- of these pills into the drink, and the be recognized to offer his amendment sidiously effective technique which person begins immediately, within 15 regarding GATT, and immediately fol- both disables victims and wipes out minutes, to lose control of their senses. lowing the reporting by the clerk, Sen- their memories, making it almost im- Some are unable to walk, so the help- ator HATCH be recognized to offer a rel- possible to mount evidence against ing partner is helping this person, that evant, perfecting amendment limited these criminals. to 30 minutes, equally divided in the seems to have too much to drink, to The bill is also needed so that as this usual form, with an additional 10 min- the car, takes the keys, looks at the li- drug is smuggled across our borders utes under the control of Senator SPEC- cense, goes to the person’s apartment and spreads across new State lines, TER, and following the disposition of or home, obviously enters, and rape oc- prosecutors in all parts of the Nation the second-degree amendment, if curs. are given the tools to deter this agreed to, Senator PRYOR be recognized The problem is that the victim is un- scourge. able to defend themselves, unable to The Federal prosecution of this of- to offer a further second-degree amend- even maintain a conscious memory of fense would require consultation with ment, and there be 30 minutes’ time for what transpired, and is unable to recall State and local authorities having ju- debate prior to a motion to table, to be what took place. When you read these risdiction over the felonies. equally divided in the usual form, with stories, one after the other, it raises a Mr. President, in conclusion, I say an additional 10 minutes under the con- sense of alarm in any American that that the review of the cases involved trol of Senator SPECTER, and following would hear of this situation. with this Rohypnol drug conjure up the the conclusion or yielding back of The typical abuser is age 15 to 22, worst kind of tragedy that could befall time, Senator LOTT be recognized to white, and uses other substances such a next door neighbor, a member of your move to table the second-degree Pryor as marijuana and alcohol. The drug is a family, a community or business. It is amendment, and no other amendments common fixture at raves, all-night an ugly, ugly picture. When we look at or motions be in order prior to the mo- dance parties frequented by the under- the data of the increased usage and the tion to table. 21 set. potential for violence that this drug The PRESIDING OFFICER. Is there The drug is widely used in Texas, represents, I am hopeful this Congress objection? Florida, Louisiana, Arizona, and Okla- will move swiftly and quickly to get Mr. PRYOR. Mr. President, reserving homa. DEA officials also predict the our arms around any effort, any poten- the right to object—I do not think I am use of the drug will spread and has al- tial to restrain the use of this drug in going to object—I think we are just ready been found as far north as Mary- our country and to protect our citizens. about to achieve this agreement. land and as far west as California. I think, also, Mr. President, in the ef- Mr. President, I suggest the absence The majority of this drug is coming fort, we are also in the business of edu- of a quorum. from production in Mexico and Colom- cating unsuspected youth in our coun- The PRESIDING OFFICER. Does the bia and being smuggled into the coun- try of the vast danger. One of the other Senator from New Hampshire yield for try. The problem with it is that it is le- problems with this drug is, because of that purpose? gally manufactured in other countries. its manufacturer and packaging, it is Mr. SMITH. The Senator from New So it is just poised to become yet an- thought to be semi-OK. It is not. It is Hampshire does have a further item on other lethal target for coming into the deadly and painful. the unanimous-consent request that I United States and disrupting the lives I hope others will join me in at- would like to finish, but I think it is of thousands upon thousands of Ameri- tempts to corral this horrible scourge contingent upon whether or not there

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7090 CONGRESSIONAL RECORD — SENATE June 27, 1996 is objection to the first unanimous- Let us pass this bill. Let us send a the front end—‘‘Are Federal regula- consent request. Whatever the Chair bill now that says we are going to take tions being followed to the letter?’’—to feels is appropriate. you on, and that we are going to give one which looks at the results—‘‘Are The PRESIDING OFFICER. The our President the ability to deal with training program participants getting clerk will call the roll. these terrorist nations and invoke jobs?’’ The legislative clerk proceeded to strong action. Not all of our actions Throughout the process in com- call the roll. should be military, but we have the mittee, on the floor, and in conference, Mr. NUNN. Mr. President, I ask ability to take on the Iranians and various accommodations were made in unanimous consent that the order for Libyans and to punish them for their the inevitable process of resolving the quorum call be rescinded. continuous support of terrorist activi- competing concerns. Some programs The PRESIDING OFFICER. Without ties. which I had believed were appropriate objection, it is so ordered. I hope we can pass this bill today. for consolidation, for example, were UNANIMOUS-CONSENT AGREEMENT There is no reason for us not to do it. dropped out of the bill. Many of the Mr. NUNN. Mr. President, I ask It passed in December unanimously changes made to the bill I originally unanimous consent that the Senator here. I hope that we will act on this. introduced were not things which I from New York be recognized for 3 min- I yield the floor. would have preferred. utes for a morning business statement, The PRESIDING OFFICER. The Sen- Nevertheless, these revisions were and that the Senator from Kansas, Mrs. ator from Kansas is recognized. made at the margin. As we near the KASSEBAUM, then be recognized for 5 f conclusion of the conference, which has minutes for a morning business state- THE WORKFORCE DEVELOPMENT been ongoing since October, the core ment, and that Senator SMITH be able ACT DOESN’T DESERVE TO DIE objectives of the bill remain intact and to interrupt when he gets a unanimous remain worthy of the support they re- Mrs. KASSEBAUM. Mr. President, consent agreement ready, and imme- ceived in overwhelming votes in both when I assumed the chairmanship of diately following the statement of the the House and Senate. the Senate Labor and Human Re- Senator from Kansas, the quorum call Specifically, the bill consolidates 80 sources Committee last year, one of my automatically recur. separate programs into a work force The PRESIDING OFFICER. Is there top priorities was to bring to fruition a and career development block grant to objection? comprehensive reform of our many job the States. Consolidating these pro- Without objection, it is so ordered. training programs. The Senator from New York is recog- My colleague in that effort on the grams will permit the States to de- nized. other side of the aisle is the Senator velop cohesive systems, with employ- ment and training activities being de- f from Nebraska, Senator KERREY, who has been a stalwart supporter of this livered on a one-stop basis. LEGISLATION ON TERRORISM Second, the bill assures a foundation effort. We both felt strongly there was of support for the four basic activity Mr. D’AMATO. Mr. President, we much that could be done that would that have traditionally received Fed- have just witnessed one of the worst significantly improve and enhance Fed- eral support: employment and training; terrorist incidents against the United eral job training programs. States since the Beirut bombing in Over the past several years, the Gen- vocational education; adult education; 1983. To date, we have lost 19 young eral Accounting Office, the inspector and services for at-risk youth. At the Americans in this cowardly attack general, the Department of Labor, and same time, the bill permits each State that has taken place in Saudi Arabia. others, have churned out report after to supplement the activities which it One of those killed was a constituent report documenting both the prolifera- needs most, by reserving 25 percent of from Long Island, Capt. Christopher J. tion of Federal job training efforts and the funds in a flex account to be dis- Adams, of Massapequa Park. the inability of these programs to show tributed among the four core activities With this as a background, Mr. Presi- results. in the way chosen by the State. dent, I implore my colleagues to move The roughly $5 billion which the Fed- Third, it creates real incentives for as expeditiously as we can in seeing to eral Government invests in these pro- cooperation and coordination among it that the Iranian-Libyan sanctions grams is small potatoes in our annual educators, trainers, and the business bill, which passed the Senate unani- trillion-dollar-plus budget. The work of community by providing a collabo- mously and passed the House of Rep- these programs are not front-page rative process both for the develop- resentatives, 415–0, last week—a simi- news, and the issues they raise are ment of a single State plan and for de- lar bill—be taken up, that we appoint probably regarded as boring and tedi- cisionmaking regarding the allocation conferees, and that we act on it now, ous. of flex funds. because it sends a clear message to Mr. President, nevertheless, the Finally, the bill gets rid of thousands Iran and Libya. It provides our Presi- Workforce Development Act, which of pages of statutory and regulatory dent with the tools necessary to see to was approved by a vote of 95 to 2, of- prescriptions and allows State and it that sanctions are imposed. fered an ideal opportunity to find ways local officials to concentrate on re- We are not saying who, nor do we to make Government work better. sults. States must establish bench- know who has sponsored this par- The legislation was designed to marks—a process which entails setting ticular act of terrorism. But both Iran achieve four basic objectives: specific goals their programs are sup- and Libya have been the chief sponsors One, to consolidate overlapping and posed to achieve. Incentives and sanc- of state-sponsored terrorism—war— narrowly focused Federal categorical tions will be based on performance rel- against the United States, and that is programs to allow for the development ative to the benchmarks. the most cowardly kind of war. I think of statewide systems to address the Unfortunately, the opportunity to it is important for us to move now and needs of all individuals. achieve these goals is on the verge of not to hold this legislation up, because Two, to provide the States with suffi- slipping from our grasp. If this bill our version might be slightly different cient flexibility to focus trading re- dies, it will not do so because it is bad from that in the House of Representa- sources on their areas of greatest need, policy. Rather, it will have fallen vic- tives. We can work out those dif- while preserving the core activities tim to two disparate but powerful po- ferences. I may not get all that I want. supported by the Federal Government litical agendas. I am for tough sanctions. I am actu- in the past. On the one hand, many Democrats ally for sanctions that would say, if Three, to develop true partnerships see the demise of this bill as an oppor- you are going to deal with Iran and among the educators who provide the tunity not only to preserve the status Libya and you are going to buy their academic foundation, the trainers who quo and the individual interests it pro- oil, you are going to invest with them, provide the technical expertise, and the tects, but also to use it as fodder in the then we are not going to do business business people who create the jobs for sound bites leading to the November with you. Other colleagues may have a which individuals are being trained. elections. difference of opinion, but we can work Four, to shift the focus of account- Despite recent allegations to the con- that out. ability from one which looks only at trary, this legislation has not been an

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7091 all-Republican effort. Both the House conspiracy to undermine the rights and approximately 80 other federal programs will and Senate have made every effort to freedoms of individuals. Both sides be repealed. After that time, states would be obtain bipartisan support, and large bi- would settle for the status quo. able to use block grant funds to continue Mr. President, I think it is very sad their school-to-work programs. partisan majorities in both bodies ap- Any state wishing to participate in the fed- proved the legislation. No one could be to see us at a point when we should be eral school-to-work program will have the a stronger defender of the need of this able to survive these potent political opportunity to sign up prior to this repeal type of innovative approach to Govern- forces and being willing to take some date. By all accounts, the program is popular ment than Senator KERREY of Ne- small steps forward to address the very with governors and other officials—who braska. thing that most Americans would like would presumably exercise their discretion I would like to suggest, however, to see, and that is, the control of the to continue it with block grant funds. It that the conference proposal reflects a Federal Government dictating every makes no sense, however, to maintain a sep- number of concessions that were made aspect of initiatives that could bear arate school-to-work program operating on a parallel track with the block grant. in an attempt to address concerns real fruition at the State and local Accountability. The Administration indi- raised by the administration—and I be- level. cates that the bill lacks ‘‘accountability.’’ lieve that we have done so, not all of I would like to yield a minute or Accountability for results—which is vir- them exactly as the administration whatever time I have left, if I may, to tually non-existent in current programs—is would have wished but now the admin- Senator KERREY of Nebraska to make a a major focus of this reform legislation. It istration has withdrawn support—in- brief comment. appears that the Administration’s view of ‘‘accountability’’ is maintaining maximum cluding the establishment of manda- EXHIBIT 1 federal control over job training programs. tory career grant programs for dis- ANALYSIS OF CONCERNS EXPRESSED BY The conference agreement addresses strong located workers in every State; a 50- PRESIDENT CLINTON IN LETTER TO CONFEREES concerns voiced earlier by the Administra- percent reduction in the size of the flex Authorization Level. The President be- tion about provisions of the Senate bill account; the separation of Wagner- lieves the authorization level for the bill which combined offices within the Depart- Peyser funds from the block grant; the should be set at $5.7 billion, which represents ment of Labor and the Department of Edu- abandonment of the Federal partner- his fiscal year 1997 budget request for the cation into a Federal Partnership to admin- ship in favor of enhancing the authori- programs included in the block grant. ister the block grant. I had felt it was impor- The conference proposal is to authorize tant to have at the federal level the same co- ties of the Secretary of Labor and the ‘‘such sums,’’ which implies no limit on fu- ordination and cooperation we were seeking Secretary of Education; and the estab- ture appropriations and which is a practice at the state level, but I abandoned that ap- lishment of mandatory local boards. used many times in the past in launching proach in the face of the Administration’s We are now in the position of being new initiatives. objections. These new Administration con- told that not only are these conces- Disclocated Workers. Administration offi- cerns seem to undercut the objective of the sions which were made insufficient, but cials have requested that a minimum of $1.3 legislation to enhance state responsibility also that provisions which were never a billion be earmarked for dislocated workers. and flexibility. It makes little sense to me to The conference proposal does not include part of either bill, such as the $1.3 bil- develop a bill which repeals current restric- such an earmark, as such a proposal was tions, only to establish a situation where lion earmark for dislocated workers, never part of either the House or the Senate federal Cabinet Secretaries are in the posi- are the price of the administration’s bill. The purpose of this legislation is to get tion of re-creating them through regulation support. away from the ‘‘categorization’’ of individ- Local Elected Officials. The Administra- At the opposite end of the spectrum uals to allow the development of a system tion would like the local workforce develop- are those who have seized the bill as a which works for all in need of its services. ment boards to be structured more like the platform to debate issues which have States with large dislocated worker popu- existing Private Industry Councils [PICS]— nothing to do with the purpose or pro- lations can allocate flex account funds to particularly with respect to the role of local visions of this legislation. For exam- serve them, and dislocated workers are spe- elected officials. cifically identified as a group for which The conference proposal gives substantial ple, one of the major specific criticisms benchmarks must be developed. responsibility to local elected officials, but leveled by family groups is that the Vouchers. The President believes that all it admittedly and intentionally does not re- legislation does not abolish the Depart- services (with a few limited exceptions) to create PICs. Local elected officials are part ment of Education. Our efforts to as- dislocated workers should be delivered of the collaborative process at the state sure that individuals get the informa- through vouchers or ‘‘skill grants.’’ level, making a variety of key decisions re- tion and training they need to make The conference agreement requires every garding the statewide system. In addition, at their own choices and to pursue their state to establish a pilot program to serve the local level, they appoint members of the dislocated workers with ‘‘career grants.’’ own dreams have been turned on their local board, assist in developing the local The pilot must be of sufficient size, scope, plan, and provide continuous input to the head and have been mischaracterized and quality to demonstrate the effectiveness board in carrying out its functions. as a Federal plot to dictate career and of career grants. States are specifically au- Again, earlier Administration concerns education choices. thorized to deliver all training services were addressed when Senate conferees agreed Each of these groups has set a list of through career grants, should they choose to to require the establishment of local their complaints about the bill. do so. boards—something which was not required in I ask unanimous consent that an The bill approved by the Senate did not re- our original bill. analysis of these complaints, along quire that vouchers be used under any cir- Control of Education. The Administration cumstances—due to concerns that man- believes that education programs should re- with a brief summary of the conference dating vouchers would impose substantial main under the jurisdiction of the state and proposal, appear in the RECORD fol- administrative burdens on states and reduce local education entities which currently lowing my remarks. state flexibility in determining the most ef- oversee them. The PRESIDING OFFICER (Mr. fective means of service delivery. In addi- This has always been the objective of the THOMAS). Without objection, it is so or- tion, past experience with federal student Senate bill and is included in the conference dered. loan programs has underscored both the im- proposal. (See exhibit 1.) portance and the difficulty of putting into Mrs. KASSEBAUM. Mr. President, to place appropriate ‘‘gate-keeping’’ procedures ANALYSIS OF CONCERNS EXPRESSED IN ‘‘CAP- ITOL HILL EAGLE ALERT’’ DATED MAY 3, 1996 conclude, the alliance of those who to assure that participants are not ripped off want continued preeminence of Federal by training providers. Schools as ‘‘Workforce Development’’ Cen- Given the seriousness of these concerns, I ters. The alert indicates that schools will bureaucracies with those who will set- believe we have met the President more than ‘‘train’’ students, not ‘‘educate’’ them. tle for nothing less than their total dis- half way. If vouchers work as well as he be- A solid academic foundation is critical for mantlement threaten to turn a solid lieves, they will undoubtedly be expanded. If every student. Nothing in the Workforce De- piece of legislation into nothing more they present the problems I anticipate, the velopment Act changes the fundamental than a fundraising tool. pilot projects can offer guidance regarding mission of our schools to ‘‘educate’’ stu- Good Government is pretty boring whether or not they can be corrected. dents. stuff compared to the adrenalin charge School-to-Work. The Administration wants Workforce Development Boards. The alert the School-to-Work Opportunities Act to be indicates that workforce development boards that can be produced by allegations authorized and funded as a separate program will decide what jobs are needed and what that Republicans are insensitive to the outside the block grant. youth can be trained for them. needs of American workers, or that the The conference agreement would repeal That is an inaccurate description of the Federal Government is engaged in a this Act on July 1, 1998, the same date that function of workforce development boards.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7092 CONGRESSIONAL RECORD — SENATE June 27, 1996 The primary function of workforce develop- Improve the effectiveness of federal work- from the Secretaries in developing their ment boards is to bring together business force development efforts by focusing on pro- state plans. and community leaders who can accurately gram results. Federal Administration.—The Secretary of identify the economic development and TITLE I: STATEWIDE WORKFORCE AND CAREER Labor and the Secretary of Education will workforce training needs in a local commu- DEVELOPMENT SYSTEMS enter into an interagency agreement on how nity, in order to maximize the number of the new system will be administered at the State Systems.—Statewide workforce de- jobs available for individuals seeking work Federal level. velopment systems are established through a in the community. Such information will be National Programs.—National activities single allotment of funds to each State. Min- useful in designing training programs that include: national assessments of statewide imum percentages of funds will be allocated meet the needs of the unemployed and busi- systems; the continuation of the Bureau of to specific activities, as follows: 34 percent— nesses seeking qualified employees. Local Labor Statistics labor market information Employment and Training; 24 percent—Voca- workforce development boards do not re- programs; the establishment of a national tional Education; 16 percent—At-Risk place, nor take authority away from, local center for research in education and work- Youth; 6 percent—Adult Education and Lit- school boards and parent organizations force development; national emergency eracy. whose focus is on secondary school students grants for dislocated workers; and programs The remaining 20 percent of the funds may for Native Americans, migrant and seasonal and programs. be distributed among any of these four ac- Labor Market Information System. The farm workers, and the outlying areas. tivities, as the State may decide. Decisions alert contends that a Labor Market Informa- Authorization Levels.—‘‘Such sums’’ for regarding the allocation of funds from this tion System ‘‘would compile data about fiscal yeas 1998 through 2002. ‘‘flex account’’ is made through a collabo- every child—academic, medical, personal, TITLE II: WORKFORCE DEVELOPMENT-RELATED rative process involving, among others, the family, attitudinal, and behavioral—into a ACTIVITIES Governor, the eligible agencies for voca- computer data base, then give access to all tional and adult education, local elected offi- Employment Service.—The Wagner-Peyser future employers and the government.’’ cials, and the private sector. The purpose of Act is amended to provide that the activities There is no truth to this statement. Labor carried out by the Employment Service will market information serves a critical purpose the flex account is to permit each State to allocate resources to the activities most be linked to the one-stop career center sys- in providing accurate information about na- tem established in each State; tional unemployment rates and workforce needed in that State. State Plans.—An overall strategic plan for Vocational Rehabilitation.—Title 1 of the trends (such as whether more jobs are avail- the State is also developed through the col- Rehabilitation Act of 1973 is amended to link able in manufacturing, retail, or service in- laborative process. The plan describes: vocational rehabilitation services with the dustries.) At the state and local level, labor State goals and benchmarks for the sys- statewide systems including, to the extent market information includes listings of job tem, including how the State will use its feasible, the State goals and benchmarks. openings supplied voluntarily by employers, Job Corps.—Job Corps remains a separate, funds to meet those goals and benchmarks; which individuals seeking employment can federal residential program for at-risk How the State will establish systems for review through public employment service youth. A National Job Corps Review Panel one-stop career centers to effectively and ef- offices. Nothing in the Workforce Develop- will conduct a review of the Job Corps pro- ficiently deliver training services to all indi- ment Act authorizes the collection of per- gram and make recommendations on im- viduals; and sonal information on individuals (including provements, including the closure of 5 Job How the vocational, adult education and youth) for use by employers or the govern- Corps centers by September 30, 1997, and an literacy, and at-risk youth needs of the ment. additional 5 centers by September 30, 2000. State will be met. Department of Labor Authority over Edu- State Governance.—The Governor admin- TITLE III: MUSEUMS AND LIBRARIES cation. The alert contends that the legisla- isters and exercises authority over the em- The bill provides for the establishment of tion gives Labor Secretary Reich control ployment and training and at-risk youth ac- an Institute of Museums and Library Serv- over local schools. ices, consolidating the functions of the Insti- Elementary and secondary education is the tivities in the State. The agencies eligible tute of Museum Services, the Library Serv- responsibility of state and local officials and for vocational education and adult education ices and Construction Act, Title II of the remains so under this bill. Neither Secretary administer and exercise authority over voca- Higher Education Act, and Part F of the Reich nor any other federal official is as- tional education activities and adult edu- Technology for Education Act. signed ‘‘control’’ over local schools. cation activities, respectively, in accordance State Legislatures and School Boards. The with State law. TITLE IV: HIGHER EDUCATION alert contends that responsibility for local Local Workforce Development Bonds.— Connie Lee.—The bill provides for the pri- schools is taken from State legislatures and Each State must establish local workforce vatization of the College Construction Loan local school boards and transferred to the development boards which, at a minimum, Insurance Association (Connie Lee). Governor and local workforce development include a majority of business representa- Sallie Mae.—The bill provides for the pri- boards. tives, and representatives of education and vatization of the Student Loan Marketing This statement is not accurate. The con- workers. The boards: (1) develop a local plan Association (Sallie Mae). ference proposal makes no changes in edu- outlining the workforce development activi- Higher Education Repeals.—The bill re- cation governance at the state and local lev- ties to be carried out in the local area: (2) peals approximately 45 programs authorized els. From the beginning, the Senate bill has designate or certify one-stop career center under the Higher Education Act which did assured that responsibility for schools providers (consistent with criteria in the not receive appropriations in fiscal year 1996. stayed in the hands of those currently des- state plan); (3) conduct oversight of local TITLE V: GENERAL PROVISIONS ignated under State law. programs; and (4) award competitive grants Repeals. Department of Education. The alert criti- to eligible at-risk youth providers. The Gov- The following programs will sunset imme- cizes the bill because it does not abolish the ernor certifies the boards annually, based in diately upon enactment: Department of Education. part on how well the local programs it over- State Legalization Impact Assistance That is accurate; it doesn’t. Bills written sees are meeting expected levels of perform- Grant (SLIAG) with the express purpose of abolishing the ance. Displaced Homemakers Self-Sufficiency Department have been introduced in Con- Accountability.—Each State must, at a Assistance Act gress. The purpose of the Workforce Develop- minimum, establish specific benchmarks de- Title II of Public Law 95–250 ment Act is to reform federal job training signed to meet the goals of providing mean- Appalachian Vocational and Other Edu- programs and to enhance the responsibility ingful employment and improving academic, cation Facilities & Operations and flexibility of state and local officials. occupational, and literacy skills. These Job Training for the Homeless Demonstra- benchmarks will be used to measure progress tion Project SUMMARY OF WORKFORCE AND CAREER toward goals established for populations in- The following programs will sunset on July DEVELOPMENT ACT cluding, at a minimum: (1) low-income indi- 1, 1998, the date by which each State must The Workforce and Career Development viduals; (2) disclosed workers; (3) at-risk implement its statewide system: youth; (4) individuals with disabilities; (5) Job Training Partnership Act Act consolidates approximately 80 job train- Carl Perkins Vocational and Applied Tech- ing and training-related programs into a sin- veterans; and (6) individuals with limited lit- eracy skills. nology Education Act gle grant to the States. The purposes of the Adult Education Act The Secretaries of Labor and Education Act are to: School Dropout Assistance Act Provide greater flexibility to the States in may award incentive grants or impose sanc- Adult Education for the Homeless designing workforce systems which fit their tions, depending upon the success or failure Library Services and Construction Act specific needs; of the State toward meeting such goals and School-to-Work Opportunities Act benchmarks. Eliminate duplication of effort and reduce The PRESIDING OFFICER. The Sen- the regulatory burden created by numerous Transition.—States may obtain waivers in categorical federal programs; order to begin establishing their statewide ator from Nebraska. Encourage greater coordination of job systems prior to the implementation of the Mr. KERREY. Mr. President, I thank training and training-related education pro- block grant on July 1, 1998. In addition, the Senator from Kansas [Mrs. KASSE- grams; States may request technical assistance BAUM]. As a consequence of making the

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7093 judgment that this bill is too impor- not agreed to, it be in order for the ma- SEC. 1083. REPEAL OF CHARTER LAW FOR THE tant to let die because perhaps 10, 20, jority leader to make a motion to table CORPORATION FOR THE PRO- MOTION OF RIFLE PRACTICE AND or 30 million American families can following 30 minutes of debate to be SAFETY. benefit from the Workforce Develop- equally divided in the usual form, with (a) REPEAL OF CHARTER.—The Corporation ment Act, and will benefit. 10 additional minutes under the control for the Promotion of Rifle Practice and Fire- There are not very many pieces of of Senator SPECTER and 5 additional arms Safety Act (title XVI of Public Law legislation quite like this one where I minutes under the control of Senator 104–106; 110 Stat. 515; 36 U.S.C. 5501 et seq.), am 100 percent certain that 2, 3, or 4 PRYOR, and no further amendments or except for section 1624 of such Act (110 Stat. years from now someone will come up motions be in order prior to that mo- 522), is repealed. (b) RELATED REPEALS.—Section 1624 of on the street and say, ‘‘My family has tion to table. such Act (110 Stat. 522) is amended— $6,000 more income as a consequence of The PRESIDING OFFICER. Is there (1) in paragraphs (1) and (2) of subsection this piece of legislation. It has bene- objection? (a), by striking out ‘‘and 4311’’ and inserting fited me in that fashion.’’ Without objection, it is so ordered. in lieu thereof ‘‘4311, 4312, and 4313’’; I am quite convinced this is one of Mr. LAUTENBERG addressed the (2) by striking out subsection (b); and the most important pieces of legisla- Chair. (3) in subsection (c), by striking out ‘‘on tion that this Congress has taken up. I The PRESIDING OFFICER. The Sen- the earlier of—’’ and all that follows and in- serting in lieu thereof ‘‘on October 1, 1996.’’. am very, very grateful to the Senator ator from New Jersey. Mr. LAUTENBERG. Mr. President, from Kansas for saying, get all parties AMENDMENT NO. 4218 this amendment would prevent the back together, Republicans and Demo- (Purpose: To eliminate taxpayer subsidies crats. There is not a lot of big money for recreational shooting programs, and to Government from providing a $76 mil- trying to push this thing one way or prevent the transfer of federally-owned lion Federal endowment to American the other. That sometimes makes weapons, ammunition, funds, and other gun clubs. things more difficult. But on behalf of property to a private Corporation for the Senators SIMON, BUMPERS, FEINSTEIN, 20 or 30 million American families out Promotion of Rifle Practice and Firearms and KENNEDY are original cosponsors of there who could be tremendously bene- Safety) this amendment. The amendment ad- fited if we change this law in this fash- Mr. LAUTENBERG. Mr. President, I dresses what I view as a fatal flaw in ion, I hope the advice of the distin- call up an amendment that is at the the new version of the Civilian Marks- guished Senator from Kansas is taken desk. manship Program, which was estab- and that we are able to produce a piece The PRESIDING OFFICER. The lished by the Congress in the fiscal 1996 of legislation that will be supported clerk will report. Department of Defense authorization and get this law changed. The bill clerk read as follows: bill—last year’s bill. Before I explain why this amendment f The Senator from New Jersey (Mr. LAU- TENBERG), for himself, Mr. SIMON, Mrs. FEIN- is necessary, I think it is important to NATIONAL DEFENSE AUTHORIZA- STEIN, Mr. BUMPERS, and Mr. KENNEDY, pro- understand the history of the old Civil- TION ACT FOR FISCAL YEAR 1997 poses an amendment numbered 4218. ian Marksmanship Program. The CMP The Senate continued with the con- Mr. LAUTENBERG. Mr. President, I was first begun in 1903, soon after the sideration of the bill. ask unanimous consent that reading of Spanish-American War, and at a time Mr. SMITH addressed the Chair. the amendment be dispensed with. when civilian marksmanship training The PRESIDING OFFICER. The Sen- Mr. SMITH. Mr. President, reserving was believed to be important for mili- ator from New Hampshire. the right to object, I want to hear at tary preparedness. Back then, some UNANIMOUS-CONSENT AGREEMENT least a portion of the amendment read Federal officials were concerned that Mr. SMITH. Mr. President, I ask to get some understanding of what the recruits often were unable literally to unanimous consent that notwith- amendment is. I do not choose to con- shoot straight. The officials believed standing rule XXII, at the hour of 4 tinue the objection. At this point, I that a trained corps of civilians with p.m. today the Senate lay aside any want to object. marksmanship skills would be useful to pending amendments to the DOD au- The PRESIDING OFFICER. The prepare for future military conflicts. thorization bill and Senator PRYOR be clerk will continue reading. Mr. President, that may have made recognized to offer his amendment re- The bill clerk read as follows: sense in 1903, but we are in 1996. The garding GATT; and immediately fol- At the end of title X, add the following: Spanish-American War ended more lowing the reporting by the clerk, Sen- Subtitle G—Civilian Marksmanship than 90 years ago, and, not to surprise ator HATCH be recognized to offer a rel- people, but things have changed. So SEC. 1081. SHORT TITLE. has the Civilian Marksmanship Pro- evant perfecting amendment limited to This subtitle may be cited as the ‘‘Self Fi- 30 minutes equally divided in the usual nancing Civilian Marksmanship Program gram. Over the years, the program has form, with an additional 10 minutes Act of 1996’’. been transferred from the training pro- under the control of Senator SPECTER SEC. 1082. PRIVATE SHOOTING COMPETITIONS gram for military personnel to a plain and an additional 5 minutes under the AND FIREARM SAFETY PROGRAMS. old shooting program for gun enthu- control of Senator PRYOR; and fol- Nothing in this subtitle prohibits any pri- siasts. lowing the disposition of the second-de- vate person from establishing a privately fi- Tax dollars have been used for noth- gree amendment, if agreed to, Senator nanced program to support shooting com- ing more than promoting rifle training petitions or firearms safety programs. PRYOR be recognized to offer a further for civilians through over 1,100 private second-degree amendment and there be Mr. SMITH. Mr. President, I ask unani- gun clubs and organizations. Through 30 minutes time for debate prior to a mous consent that reading of the amend- the program, the Federal Government ment be dispensed with. has joined forces with the National motion to table to be equally divided The PRESIDING OFFICER. Without Rifle Association to sponsor annual in the usual form, with an additional 10 objection, it is so ordered. summertime shooting competitions for minutes under the control of Senator The text of the amendment is as fol- civilians. The program has included do- SPECTER and an additional 5 minutes lows: under the control of Senator PRYOR; nations, loans, and the sale of weapons, At the end of title X, add the following: that following the conclusion or yield- ammunition, and other shooting sup- ing back of time, Senator LOTT be rec- Subtitle G—Civilian Marksmanship plies. It has purchased bullets for Boy ognized to move to table the second-de- SEC. 1081. SHORT TITLE. Scouts, taught them how to shoot gree PRYOR amendment, and no other This subtitle may be cited as the ‘‘Self Fi- guns. amendments or motions be in order nancing Civilian Marksmanship Program Mr. President, the Defense Depart- Act of 1996’’. prior to the motion to table. ment concluded long ago that the SEC. 1082. PRIVATE SHOOTING COMPETITIONS Army-run Civilian Marksmanship Pro- The PRESIDING OFFICER. Is there AND FIREARM SAFETY PROGRAMS. objection? Without objection, it is so Nothing in this subtitle prohibits any pri- gram does not serve any military pur- ordered. vate person from establishing a privately fi- pose. It concluded that there is no ‘‘dis- Mr. SMITH. Mr. President, I further nanced program to support shooting com- cernible link’’ between the program ask that if the HATCH amendment is petitions or firearms safety programs. and our Nation’s military readiness.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7094 CONGRESSIONAL RECORD — SENATE June 27, 1996 Even so, until recently, the program In 1994, the General Services Admin- ciation, has been funding these shoot- was sustained by an annual $2.5 million istration reconfirmed the longstanding ing matches for years, and it can con- Federal subsidy. Government policy when it convened a tinue to do so under our amendment, In the face of growing criticism Federal weapons task force to review but it sure should not receive Federal about the program’s dubious benefit to the Government’s policy for the dis- financial backing. our Nation’s military readiness, con- posal of firearms. General Services I expect some who oppose our effort cerns of links between the program and brought together a group, a weapons will argue that shooting is an Olympic anti-Government militia groups, and task force, to try to understand the sport and that the program provides the Army’s interest in extricating Government’s policy for the disposal of important training for future Olym- itself from responsibility for managing firearms. pians. Those attempting to make this the program, Congress drastically Under that policy, the Federal Gov- argument should remember one thing: changed the program last year. ernment does not sell federally owned Ping-Pong is also an Olympic sport, Keep in mind, this was to accommo- weapons to the public. Excess weapons but we do not provide Ping-Pong pad- date the problems that existed before. are not sold or transferred out of Gov- dles or Ping-Pong balls or Ping-Pong Once again, to repeat, there were con- ernment channels. Excess weapons, cerns of links between the anti-Govern- training by the Federal Government. those that we no longer need, are not They should be reminded also the Gov- ment militia groups and the Army’s in- supposed to be out there being distrib- terest in getting out of the game, so ernment does not provide Federal sub- uted. sidies for our Olympic swimming, ten- Congress made a change. Under title I The Federal regulations are clear. of the 1996 Department of Defense Au- nis, volleyball, or other sports. Like- They say that ‘‘surplus firearms and wise, the Federal Government should thorization Act, Congress established a firearms ammunition shall not be do- so-called ‘‘private, nonprofit’’ Corpora- not be supporting shooting. nated’’ to the public. That is what the Supporters of this $76 million boon- tion for the Promotion of Rifle Prac- policy says. They say, ‘‘Surplus fire- tice and Firearms Safety. In fact, the doggle will argue that promoting gun arms may be sold only for scrap after safety is a laudable goal. We can debate corporation is private and nonprofit in total destruction by crushing, cutting, name only. According to the U.S. De- that question. But I do not think it is breaking or deforming to be performed the role of the Federal Government to partment of the Army, when the cor- in a manner to ensure that the fire- poration becomes fully operational in give away $76 million worth of guns arms are rendered completely inoper- and ammunition in the name of gun October of this year, October 1996, it ative and to preclude their being made will take control of—hear this—176,000 safety. Frankly, when I look at the operative.’’ That is what this Federal numbers, we see 140 million rounds of Army rifles worth more than $53 mil- weapons task force recommended to lion. It will receive at least $4.4 million ammunition are going to be put out the General Services Administration, in cash. It will be given Federal prop- there by the Federal Government. We and that was the policy. have seen enough of the gun influence erty, vehicles, and computers worth Simply put, they say the Federal in our society. I just think the Federal $8.8 million, and, even more remark- Government has made the decision Government ought not to be a cocon- able, the U.S. Government is going to that it should not be an arms mer- spirator. It is not our job to give away give 146 million rounds of ammunition chant. I could not agree more. There guns and ammunition. The private sec- estimated to be worth $9.7 million, are many of my colleagues who feel tor should promote gun safety, if it with all of these totaling $76 million, similarly. Those are sound regulations. taxpayer money, all free: Here, take it; chooses to, for recreational shooters, There is no compelling public policy have a good time. not the Federal Government. The NRA reason to exempt Army guns and am- Imagine, in these days of spartan and others already do this. If they munition in order to turn control of budgets, inadequate programs, when choose to continue, they may. enough guns and ammunition to start need is desperate there, we are giving When the 1996 Defense Department away $76 million of Government assets, a small war over to the private non- profit Corporation for the Promotion of authorization bill was approved, the and worse is that we are giving them implications of the provision that es- bullets and rifles, the kind of rifle I Rifle Practice and Firearms Safety. Given the abundance of weapons tablished the private, nonprofit cor- carried when I was a soldier in World readily available through the private poration were not clear, but now they War II. The total tab to the American sector, guns for which the Federal Gov- are quite clear. We have a duty to act taxpayer for this gift is over $76 mil- and to stop this boondoggle dead in its lion. ernment no longer has a use ought to be, as planned, destroyed—put it away, tracks. The giveaway of $76 million Even more, this private group of citi- worth of weapons and ammunition is zens will be able to sell the federally get rid of the requirement to guard it, keep records, et cetera. The federally terrible public policy. In fact, it is out- purchased rifles without returning any rageous. The Government must not profits to the Federal Government. The subsidized corporation ought to be abolished. Our amendment would do work to add to the proliferation of nonprofit corporation will reap 100 per- guns in the country. We have enough cent of the benefit of the profit from just that. It would abolish the so-called private corporation, block the transfer without adding to the supply with this the Federal weapons and ammunition big freebie. sales. Not one penny will be returned of this $76 million endowment and end Once again, I think it adds insult to to the taxpayers of this country. Not a the federally run Civilian Marksman- injury when we think of the critical dime will be used to reduce the Federal ship Program once and for all. Impor- deficit or to pay for other meritorious tantly, it would bring the Army into need that we have for programs in this Federal programs. conformity with the Government-wide country, whether it be breast cancer From 1985 to 1995, the Federal Gov- policy of not transferring Federal guns research, whether it be education, ernment spent roughly $38 million on and ammunition outside Government whether it be housing, whether it be this Civilian Marksmanship Program. channels. nutrition, whether it be health care. A healthy $76 million Federal endow- Our amendment only addresses feder- How can we, in good conscience, say to ment ought to keep the so-called pri- ally owned guns and ammunition. It the American people we are now going vate corporation afloat for the next 20 would not prohibit private gun clubs to give $76 million to those who like years even if it never solicits one dime from existing and it would not prohibit guns and who want the Federal Gov- from private corporations. the annual national shooting matches ernment to subsidize their activity. Mr. President, the old Civilian that are held in Camp Perry, OH, from I think it is recognized there are gun Marksmanship Program was a bad pro- taking place as long as the guns and clubs. There are people who belong to gram, an example of waste in Govern- the ammunition and the staff are fund- them. They are OK. But we ought not ment. The new version of the program ed through the private sector. Camp to add to the confusion about this, nor makes even less sense than the old, Perry is a State-owned facility. The perhaps the occasional violent eruption which at least maintained a measure of State of Ohio can let the national that can come from having this exces- Defense Department control over the matches go forward if it chooses to do sive supply of guns and ammunition weapons and ammunition. so. The NRA, the National Rifle Asso- available in the public.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7095 Mr. President our amendment would policy is going to be reversed. If we sume we have moved beyond that prevent the Government from pro- were just taking $76 million and send- stage. I see Senator GLENN, who is an viding a $76 million Federal endow- ing it down the drain, that would be expert on the Armed Services Com- ment to American gun clubs. bad enough. But, frankly, I would vote mittee. But this kind of nonsense, $9.5 If this amendment is not adopted, a for sending it down the drain rather million worth of ammunition we are private, nonprofit corporation estab- than doing what we are doing; 176,218 going to hand out. I have seen ridicu- lished by the Congress last year will rifles are going to be handed over by lous things pass this U.S. Senate. I take control of 176,218 Army rifles the Federal Government. To whom? I have never seen anything as ridiculous worth more than $53 million. It will re- do not know. But if anyone in here be- as this move ahead. We ought to be ceive at lest $4.4 million in cash from lieves, of those 176,000 there are not doing something about it. the Army, and it will be given Federal going to be some people who are going It is interesting, who are the people property, such as vehicles and com- to abuse those rifles, you are living in who are going to take advantage of puters, valued at $8.8 million. Even a dream world. this? In the State of Michigan, the more remarkable, the corporation will I just had a conversation this morn- Michigan Militia took advantage of be given control of 146 million rounds ing with my colleague, Senator Carol even the marksmanship program we of ammunition worth $9.7 million. MOSELEY-BRAUN, who has been trying have had at the National Guard base at I did not make these numbers up. to get money for school construction. Camp Grayling. These are the counter- They came directly from the Army. The GAO says we are $15 billion in ar- parts to the Freemen out in the West. If this amendment is adopted, it will rears on elementary and secondary But this kind of a giveaway? You can cost the Army less than $2 million to school construction. She has been un- argue for all kinds of subsidies in this demilitarize all of the M–1’s currently able, at this point, to get one penny of country, but this is a subsidy that no slated to be turned over to the private Federal Government money for school one can defend with any logic. corporation. construction. I see my friend from North Dakota If the amendment is adopted, it will We say we do not have money for just walked onto the floor. He has been bring the Army in line with Govern- school construction. But here we have in the Budget Committee and has been ment-wide policy prohibiting the pub- $76 million we are going to give away a bulldog in trying to see our money is lic sale of Federal weapons. According as a boondoggle to the National Rifle spent wisely. Here we have the Federal to GSA regulations, reconfirmed by a Association and the gun clubs. If we Government giving away $76 million to Federal weapons task force in 1994, have 176,000 surplus rifles, we ought to the National Rifle Association, giving ‘‘Surplus firearms may be sold only for destroy them. One of the reasons we away 176,000 rifles. We are going to be the No. 1 gun deal- scrap after total destruction by crush- have made progress in this country, in er in the Nation with this sale, and in- ing, cutting, breaking, or deforming to terms of murders in this country, is stead of destroying these weapons, we be performed in a manner to ensure that a few years ago this Congress are going to be handing them out to that the firearms are rendered com- adopted a change so that you have to people with no control on who gets go through photos and fingerprints and pletely inoperative and to preclude them. their being made operative.’’ The regu- some other things in order to become a It is terrible policy, and the Lauten- lations say ‘‘surplus firearms, and fire- gun dealer. We had a situation where berg amendment ought to be adopted arms ammunition shall not be do- we had more gun dealers than service by voice vote. It should be unanimous, nated’’ to the public. stations in this country. And three- but I recognize the power that our If the amendment is adopted, the na- fourths of the gun dealers were not friends in the National Rifle Associa- tional matches will still go forward. stores as we know them. They were in tion have. They have used the demo- They just will have to be privately fi- the kitchens of homes, they were in the cratic process very effectively. But the nanced. basements, they were in trunks of cars. U.S. Senate should stand up to them. If the amendment is adopted, Ameri- We had all kinds of illegal activity I say to staff members who may be cans will still be able to take courses going on, and the ATF did not have the watching this on television, I do not in firearms safety. They just will have resources to handle it. care what your party affiliation, what to be privately financed. Now, if the Lautenberg amendment is your background, look at this care- If the amendment is adopted, there not adopted, do you know who is going fully. This is bad news for the country will still be a well-trained U.S. Olym- to be the No. 1 gun dealer in the United if the Lautenberg amendment is not pic shooting team. States of America, with no control on adopted. Mr. President, the Department of De- where those guns go? The No. 1 gun I thank my colleague for his courage fense has opposed the Civilian Marks- dealer in the country, if the Lauten- and vision in offering it. I am pleased manship Program. According to Army berg amendment is not adopted, is to be a cosponsor of this legislation Under Secretary Reeder: ‘‘DOD repeat- Uncle Sam. that I hope will pass this body, I hope, edly has conveyed to Congress that How many people are going to be overwhelmingly, but I know the power while it will continue to administer the killed because of what we are doing that our friends in the National Rifle program as directed by Congress, it with this sending out to the public Association have. will also continue to support legisla- 176,000 weapons? I do not know. Illinois Mr. LAUTENBERG addressed the tion ending this program.’’ is 5 percent of the Nation’s population. Chair. This giveaway of $76 million worth of That means we are probably going to The PRESIDING OFFICER. The Sen- weapons it terrible public policy. In get 8,500 additional weapons. The State ator from New Jersey. fact it is outrageous. The Government of Illinois has a lot of needs. We do not Mr. LAUTENBERG. Mr. President, must not add to the proliferation of have any need for 8,500 more weapons first, I thank my colleague, Senator guns in this country. We have enough scattered around the State of Illinois, SIMON from Illinois for his remarks. I without adding to the supply through given out by the National Rifle Asso- think he clarified the situation pretty this giveaway. ciation, or sold by them. effectively, that this is almost like a I urge my colleagues to support this I heard my friend from New Jersey shock when you consider what could be amendment. use the word ‘‘boondoggle.’’ That is ex- done with the $76 million, what ought The PRESIDING OFFICER. The Sen- actly what this is. Why, with the Fed- to be done with these weapons. ator from Illinois. eral Government short of funds, we The policy of the country in the past Mr. SIMON. Mr. President, I rise in should have a subsidy to the National has been to destroy them. This goes strong support of the amendment of Rifle Association and these gun clubs back to Biblical recommendations: my colleague from New Jersey, and I is beyond me. We are going to give turn the weapons into plowshares, get am pleased to be a cosponsor of this them $8,800,000 worth of property and rid of them. These are no longer valu- legislation. $4,400,000 in cash—let somebody stand able for the military, they are passe. The policy of the Federal Govern- up and defend that—and 176,000 rifles. I I said earlier that I carried one of ment up to this point has been not to do not know what they are. When I was these in World War II, and I see our dis- sell weapons to the public. Now that in the Army, M–1’s were the rifle. I as- tinguished colleague and friend from

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7096 CONGRESSIONAL RECORD — SENATE June 27, 1996 Ohio on the floor, and I know that he, going to destroy them just as they Johnson issued orders that have ‘‘revoked all too, carried one of the weapons of this should be,’’ and that we will have good previously issued waivers and determined type in the military service of this support in that effort. that the General Services Administration country, which was, indeed, distin- Mr. President, I ask unanimous con- will not in the future grant waivers from ex- isting regulations prohibiting the donation, guished. sent that the several documents I men- sale or exchange of firearms.’’ Mr. President, I want to point out a tioned be printed in the RECORD. couple of things here that I think There being no objection, the mate- NRA–ILA FAX ALERT ought to be in the RECORD. rial was ordered to be printed in the ANTI-GUNNERS’ HYPOCRISY ABOUNDS First, there are several documents, RECORD, as follows: Remember a few weeks ago when the anti- including a Washington Post article, a [From the GSA News Release, Jan. 6, 1994.] gunners were criticizing NRA for working to GSA news release going back to 1984 re- GAS ADMINISTRATOR STOPS SALES OF EXCESS repeal the misguided Clinton gun ban? You porting on their view of what should FEDERAL FIREARMS may recall they were imploring NRA to get back to teaching firearms safety and pro- happen with these weapons, which I am WASHINGTON, DC.—In an attempt to curtail going to ask be printed in the RECORD. the flow of handguns into American commu- moting marksmanship. However, showing The regulations, which I will just nities, the head of the General Services Ad- their true colors this week, the anti-gunners ministration today announced that the agen- are now focusing their sights on the creation paraphrase, state: of the Corporation for the Promotion of Rifle Firearms no longer needed by an agency cy will no longer issue waivers that have al- lowed federal agencies to sell excess firearms Practice and Firearms Safety, which was es- may be transferred to those Federal agencies tablished to replace the DCM (see Fax Alert authorized to acquire firearms for official to dealers in the private sector. ‘‘After consulting with Attorney General Vol. 3, No. 5). This program seeks to provide use. Janet Reno and other administration offi- surplus firearms and ammunition to law- However, it also prohibits the dona- cials, I have issued orders today that have abiding Americans to enhance firearms safe- tion, sale or exchange of firearms and revoked all previously issued waivers and de- ty and marksmanship. The anti-gunners states they may be sold only for scrap termined that the General Services Adminis- beef—since the shooting clubs involved with the program may be NRA-affiliated, they after destruction. tration will not in the future grant waivers from existing regulations prohibiting the do- argue this program is ‘‘new funding mecha- I particularly want to note, because nism’’ for the Association! Even more ridicu- some of the questions that are asked nation, sale or exchange of firearms,’’ GSA Administrator Roger W. Johnson said. lous, Sen. Frank Lautenberg (D–N.J.) thinks are: ‘‘Well, you’re accusing the NRA, The prohibition is part of the Federal the distribution of surplus government fire- blaming the NRA for these things, Property Management Regulation (FPMR) arms to groups like Boy Scouts and Future pointing a finger at them.’’ I am look- that control various items in the federal gov- Farmers of America amounts to ‘‘aid[ing] ing at an article that is issued by the ernment’s property inventory, including fire- and abett[ing]’’ the ‘‘rising tide of gun vio- NRA. They say in this article, dated arms. The regulations state, in part, that lence.’’! This is just yet another example of the enemies of our firearms freedoms putting May 10, 1996: ‘‘firearms no longer needed by an agency may be transferred only to those federal aside common sense for sake of politics. For Remember a few weeks ago when the agencies authorized to acquire firearms for more information on the Corporation for the antigunners were criticizing NRA for work- official use.’’ The FPMR also prohibits the Promotion of Rifle Practice and Safety, call ing to repeal the misguided Clinton gun ban. donation, sale or exchange of firearms and 202/761–0810. You may recall they were imploring— states that they may be sold only for scrap ANTI-GUN AMENDMENT DEFEATED IN Again, my unanimous consent re- after total destruction. U.S. HOUSE: An amendment to a Public quest will include the document I am A waiver, or ‘‘deviation’’, from the regula- Housing bill offered by U.S. Senate candidate reading, as well as others to be sub- tions can be granted by the GSA Adminis- Rep. Dick Durbin (D–Ill.), that would have outlawed self-defense in public housing mitted for the RECORD. trator upon request by a federal agency, which can then sell its excess firearms to units, was overwhelmingly rejected by a However, they talk about these veto-proof majority on Thursday. Durbin’s antigun votes. They say: federally licensed gun dealers. The money collected from these transactions has been proposal would have criminalized public They showed their true colors this week. used to purchase other firearms for federal housing residents who use a firearm in self- This is May 10, 1996, just a few weeks use or to defray other agency administrative defense, thereby federalizing state and local costs. offenses—discriminating against people liv- ago. ing in public housing. Our thanks to Reps. The antigunners are now focusing their SURPLUS FIREARMS EXCHANGE POLICY FACT Harold Volkmer (D–Mo.), Bob Barr (R–Ga.), sights on the creation of the Corporation for SHEET Bill McCollum (R–Fla.) & Denny Hastert (R– the Promotion of Rifle Practice and Firearm The Federal Property Management Regula- Ill.) for leading the charge against the pro- Safety which was established to replace the tion (FPMR) Parts 101–42.1102–10(A–C) state, posal. Side Note: the anti-gun Durbin will DCM. This program seeks to provide surplus in part, that firearms no longer needed by an face NRA-endorsed candidate Al Salvi (R) for firearms and ammunition to law-abiding agency may be transferred to those Federal U.S. Senate seat vacated by this fall. Americans to enhance firearms safety and agencies authorized to acquire firearms for U.S. HOUSE TO LOOK AT BAITING marksmanship. officials use. Firearms may not be donated ISSUES: On May 15, the House Resources They criticize me and they say: and may be sold only for scrap metal after Committee will hold a hearing on the en- total destruction. Additionally, FPMR Part forcement of baiting regulations that pro- Even more ridiculous, Senator Lautenberg 101.46.202 states, in part, firearms are ineli- hibit hunting waterfowl and other migratory thinks that the distribution of surplus Gov- gible for exchange or sale. game birds, such as doves, ‘‘by the aid of ernment funds to groups amounts to aiding The Administrator of the General Services baiting, or on or over any baited area.’’ Fol- and abetting the rising tide of gun violence. Administration has the authority to grant lowing passage of the 1918 Migratory Bird This is just yet another example of the en- waivers to these prohibitions upon request Treaty Act, hunting over bait was prohibited emies of our firearms freedom putting aside by an individual agency, thereby allowing an by regulations in 1935 to better regulate the common sense for the sake of politics. agency to sell its excess or surplus firearm harvest of migratory waterfowl. The Interior I do not want to go through chapter inventory to private sector gun dealers. The Department’s Fish and Wildlife Service has and verse now of people in my State money from these sales then go back to the enforcement responsibility. However, in re- who lost loved ones to gun violence or agency to defray costs of upgrading future cent years, these regulations have caused to recall the stories that we read al- firearm inventories or other administrative considerable confusion and disagreement most every day about guns in the costs. over how they’re enforced. We’ll keep you Since 1982, a total of 61,901 firearms have posted! schools, shots across the street in ran- been excessed and sold. The agencies that STACK BACKS OUT: Charles ‘‘Bud’’ dom shootings. That is not the subject. have excessed these firearms most fre- Stack, President Clinton’s nominee for a This subject is one about whether or quently are the Customs Service, Internal seat on the 11th Circuit Court of Appeals, not the Federal Government gives $76 Revenue Service, U.S. Marshal Service, Im- withdrew his name from consideration after million worth of guns and ammunition migration and Naturalization Service and his nomination was criticized by a number of to organizations, the primary sponsor Drug Enforcement Agency. A large percent- groups, including NRA. In his writings, Mr. of which is the NRA. I think not. I age of these firearms were acquired through Stack had called for the firearms industry to hope, when we have a chance to have confiscations during arrests. be held liable when their products are mis- GSA Administrator Roger W. Johnson used by criminals, thereby removing respon- our vote, that this body will stand up started investigating this issue in October, sibility from criminals and placing it instead and say, ‘‘No, we’re not going to give when he was asked to grant a waiver. After on the manufacturers. away those weapons, we’re not going to consulting with Attorney General Janet LEADERSHIP TRAINING SET FOR give away the Nation’s assets, we’re Reno and other administration officials, Mr. MICHIGAN: Next Sunday, May 19, NRA—in

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conjunction with the Citizens Committee for Senator LAUTENBERG. The people on the youth groups that have taken part in its the Right to Keep and Bear Arms and the other side very cleverly figured out a way to marksmanship training. This M–1s that are Second Amendment Foundation—will host a give away the store, and give away the weap- sold are not used in crimes, they said, be- FREE Leadership Training Conference in ons, and continue the program, and pay for cause the strict background probes of the Romulus, Michigan. Don’t miss this chance it. It’s outrageous. guns’ potential buyers cull out criminals. to learn how you can become a more effec- MITCHELL. But the NRA may have bigger They also point out that nine of the 10 mem- tive citizen-lobbyist! To reserve your seat or guns in Congress to keep this FLEECING OF bers of America’s 1992 Olympic shooting for more information, please call (206) 454– AMERICA alive. Andrea Mitchell, NBC team learned marksmanship in the program. 4911. News, Camp Perry, OH. ‘‘Any link opponents try to draw between this program and urban violence is com- EXCERPT FROM NBC NIGHTLY NEWS, MAY 16, [From the Washington Post, May 7, 1996] parable to linking Olympic boxing competi- 1996 tion with hoodlum street fighting,’’ said Rep. UPINARMS OVER RIFLE GIVEAWAY Paul E. Gillmor (R–Ohio), who sponsored the TOM BROKAW. Tonight, The Fleecing of A provision of the defense budget that new measure and whose district draws 7,000 America. If it wanted to, the federal govern- went into effect earlier this year requires the visitors and $10 million in revenue during the ment could have the world’s largest yard Pentagon to give away 373,000 old rifles from summertime rifle competition. sale. Think about it for a moment, all that World War II and the Korean War, spurring Gillmor added that it would cost the mili- surplus furniture, used vehicles, military protests from gun-control advocates who be- tary $500,000 to destroy the guns, while the equipment; it goes on and on. And in these lieve the government shouldn’t add to gun cost is nothing if it gives them away. days of tight cash, why would the govern- commerce. Chip Walker, a National Rifle Association ment give anything away? Which brings us The little-noticed measure was promoted spokesman, said Lautenberg and other crit- to this FLEECING question from NBC’s An- by the National Rifle Association and the ics of the program ‘‘don’t want to promote drea Mitchell. congressional delegation in Ohio, home to an firearms safety and responsibility.’’ He added ANDREA MITCHELL. Dawn, on the world’s annual marksmanship competition that will that it’s ‘‘ironic’’ that gun-control advocates largest firing range, Camp Perry, Ohio, an be financed by the sale of the venerable M– for years have criticized the NRA for its Army base. Civilians issued rifles. The Army 1 rifles and other aged guns with a resale harsh rhetoric, urging it to stick to its tradi- will soon give away 76,000 surplus M–1s just value of about $100 million. tional mission of teaching firearms safety— like these, free. They’re also giving away of- The heavy, nine-pound M–1s are unlikely and now raise questions about its efforts to fice space, computers, and $4 million in cash. to be used in street crimes such as drug pursue even that goal. Grand total: at least 67 million taxpayer dol- killings, the program’s advocates say, be- Almost all the guns the Army is to give lars. The Army will turn all this over to a cause the main buyers have been and likely away are M–1s, the bolt-action rifle lugged by GIs onto the beaches at D-Day and Gua- new private organization which will sell the will continue to be gun collectors who must dalcanal. Replaced in 1958 by the M–14 as firearms to finance gun tournaments around be trained in shooting rifles and pass a strin- standard infantry issue, and later by today’s the country. gent background investigation. M–16, the M–1 is prized by collectors and war Mr. ROBERT WALKER (Handgun Control, In- But critics say the recent congressional ac- buffs—especially the pristine guns sold in corporated). It is a recreational program. It tion is in effect a subsidy to the NRA. It re- their original boxes by the Army. is pork, NRA pork. quires the Army to transfer control over the Last year the Army charged $310 each for MITCHELL. In fact, critics say, not only a rifles for free to a new nonprofit corporation. the M–1s stored at its Anniston Army Depot FLEECING OF AMERICA but a big benefit The corporation will sell them to benefit in Alabama—an increase from its recent to the National Rifle Association. How did marksmanship programs and the yearly tar- price of $250. In any case, those are dis- Congress pass the gun giveaway? Very quiet- get tournament in Camp Perry, Ohio, which counts, because M–1s usually sell for $400 to ly. Gun opponents though they had killed is managed by the NRA. $500. In recent years the program sold a max- this program. They didn’t count on the pow- The old Army-administered program also imum of 6,000 guns a year. erful gun lobby, the NRA. Its friends in Con- co-sponsored the annual Ohio tournament The measure recently signed into law by gress slipped this 12-page amendment into with the NRA, and over the years the NRA President Clinton in essence privatizes the the massive defense spending bill. Its pur- used its close relationship with the project program and transfers ownership of the pose: the promotion of rifle practice and fire- to market itself, critics of the group said. 373,000 rifles to the new Corporation for the arms safety among civilians. Congress’s action marked the death of the Promotion of Rifle Practice and Firearms Senator FRANK LAUTENBERG (Democrat, Army-administered program, called the Ci- Safety, whose board is to be named by the New Jersey). It irritates the devil out of me vilian Marksmanship Program, which critics Army. It will then sell the weapons for what- that people who work here representing the called one of the U.S. government’s oddest ever price the market will bear, and at what- best interests of our country are so suscep- pork-barrel projects. The Pentagon ran it for ever rate it chooses. (the guns will remain at tible to narrow special interests like the decades but has sought to disentangle itself the Anniston facility until they are sold.) NRA. in recent years. The law requires the Army to transfer to MITCHELL. This summer at this Army base The program harkens to 1903, just after the the new corporation $5 million in cash the in Ohio, the world series of gun tournaments, Spanish-American War. U.S. military offi- Army program has on hand, $8 million in financed largely by this government give- cials were upset to learn farm boys con- computers and other equipment, about 120 away. So, your tax dollars bought the rifles scripted for that conflict were not the rus- million rounds of ammunition and the 373,000 which sell for up to $600 to pay for programs tics of romantic American novels who could guns. It’s estimated that only about 60 per- critics say help the NRA recruit. nail a jack rabbit from 200 yards—in fact, cent of the guns—about 224,000—are usable, Ms. SHANNON MCNEILY (Age 12). This is my they couldn’t hit a barn. Congress estab- and they could fetch about $100 million. The Pentagon has sought to remove itself first time shooting here. lished the project, supported by U.S. mili- as administrator of the program, under MITCHELL. And how did it feel? tary guns and money, to promote sharp- which it sold 6,000 guns a year and donated Ms. MCNEILY. It felt pretty cool. shooting in future wars. $2.5 million annually to the Ohio competi- MITCHELL. Supporters say these programs ‘‘The gift of millions of dollars worth of tion, military officials said. The main rea- teach gun safety, important lessons that can weapons and ammunition is terrible public son, they said, is that they concluded that be taught to anyone, even someone who’s policy,’’ said Sen. Frank R. Lautenberg (D- the program years ago stopped contributing never handled a firearm. N.J.) in a column in USA Today. ‘‘In fact, to ‘‘military readiness.’’ Moreover, Pentagon Mr. CRAIG SWIHART (Volunteer Instructor). it’s outrageous. The government must work officials were uncomfortable being involved Very good. You squeezed that off real nice. to stem the rising tide of gun violence in this in an issue as controversial as firearms. Let’s do it again. country, not aid and abet it.’’ Finally, last year, military officials were MITCHELL. They say good, clean fun. But ‘‘This program historically has been a fed- upset by the taint the program suffered when should taxpayers foot the bill, permit the eral subsidy to the NRA’s marketing,’’ said it was learned that members of a Michigan Army to give the surplus guns away? Josh Sugarmann, a gun-control activist and militia had formed a gun club that became Mr. SWIHART. Good question. Is this a good author of a 1992 book critical of the NRA. officially affiliated with the Army program. use of tax dollars? These guns were paid for Congress’s latest action, he added, is ‘‘a new Using that affiliation, the militia members in the early ’40s and very late ’30s when we funding mechanism’’ that also helps the had taken target practice at a Michigan fought the Second World War. NRA. military base until they were stopped. MITCHELL. Critics say the rifles should be The great majority of the gun clubs that Mr. SMITH. Mr. President, I suggest destroyed. The NRA calls that a real waste take part in the marksmanship program are the absence of a quorum. of tax dollars. Although they co-sponsor and affiliated with the NRA, he said. For dec- The PRESIDING OFFICER. The run the annual tournament, they say: ades, in fact, the guns’ buyers had to prove clerk will call the roll. Ms. TANYA METAKSA (National Rifle Asso- to the Army they were NRA members—until ciation). This is not a program that benefits a federal judge stopped the requirement in The assistant legislative clerk pro- the NRA at all. It’s one we spend millions of 1979. ceeded to call the roll. dollars and—to support. Promoters of the 93-year-old program say Mr. GLENN. Mr. President, I ask MITCHELL. Gun opponents are now trying it’s no more sinister than the Boy Scouts, unanimous consent that the order for once again to kill the gun giveaway. the Future Farmers of America and other the quorum call be rescinded.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7098 CONGRESSIONAL RECORD — SENATE June 27, 1996 The PRESIDING OFFICER. Without matches, is what leads them into a po- ons and difficult to conceal. In addi- objection, it is so ordered. sition where they can even participate tion, before a rifle can be purchased, a Mr. GLENN. Mr. President, regret- in the Olympics. So it is a legitimate background check is required. The ar- tably, I must rise today in opposition sport. So, in addition to providing fire- guments about the program have never to the amendment offered by my col- arms safety training, they conduct the been about gun control before. The league from New Jersey. I do this re- national marksmanship competition Army has been selling rifles and am- luctantly. I think this whole program each year. munition to the public under the aus- is being mischaracterized, to a large The third element of the program has pices of the Civilian Marksmanship degree, here. I think that is unfair. been the sale of World War II vintage Program since 1924. Civilian marksmanship is an old pro- M–1 rifles out of which some of the Finally, I note these weapons are ob- gram. It has been run since way back costs of the competition and the fire- solete. They are not usable by the in the early 1900’s. It has been, basi- arms training has been funded. Army. So this is not a valuable give- cally, a good program. I would like to Now these are M–1’s as my distin- away where you can say these cost $400 disabuse anybody of the idea that this guished colleague from New Jersey or $500 to produce. These weapons, if is somehow just an NRA program. You said, M–1’s that everybody who was they are stored by the Army—it will bring up NRA and you immediately get around the military back during World cost more to store them. I also add, the strong feelings on both sides of wheth- War II days certainly and the Korean estimates of what it would cost to de- er you should support something or not war are very, very familiar with. This stroy these as opposed to selling them just by the fact whether NRA approves is not a weapon of crime. I do not think has been running—we do not have an it or does not approve it. But this is there is a single time on record where accurate estimate, but the estimates not an NRA program and it is not a an M–1 rifle has been taken in and been have been between $500,000 and $3 mil- giveaway program and it is not a gun used to conduct a crime or rob a bank lion to destroy these things. I do not control issue. I want to address these or a 7–11 or anything else. know what the true figure is here, but things. Last year’s defense authorization leg- the lowest estimate we have had was Senator LAUTENBERG’s amendment islation simply took the old program $500,000. would terminate a program that rep- run by the Army, with appropriated But in any event, these are not usa- resents a compromise. It was a com- funds, and moved it into a federally ble now. They will be destroyed if they promise which was worked out last chartered—federally chartered—not- are not transferred and sold into this year as a way of changing from Army for-profit corporation that would con- program. So to the Government these support with taxpayer money, Army duct the training, the national rifles are not truly assets. Rather, they support of the Civilian Marksmanship matches, and sell collector-type rifles would be reflected on the books as a li- Training Program that is conducted at to defray the costs of the operations. ability since their destruction would Camp Perry in Ohio, and has been, I do This was a transition program to cost the Government money. not know, for how many decades it has help them change to this nonprofit op- So I think that sort of lays out the been run there. But it was a way of eration. That was the only purpose of program, puts it in a little different converting from Army control and tax- it. The program has not changed in the light. It is not a program concerned payer money being used over to a civil- last year, other than to move it out of with crime prevention. It is not a gun ian nonprofit organization that would the Army and stop using Army appro- control issue; never has been. These are run a legitimate sport that is run as a priated funds and put it into a self-sus- not the weapons of crime at all. It is gun sport, not hunting or anything like taining corporation called the Corpora- not a giveaway because, if the Army that, but target shooting, marksman- tion for the Promotion of Rifle Prac- does not want them, it will cost money ship, gun safety, and that has been the tice and Firearms Safety. The use of to destroy them. focal point of the matches that have appropriated funds was the complaint What it is is a way of getting from been held at Camp Perry for a long, of the program’s detractors last year, the transition of the old Army-sup- long time. and that complaint was addressed by ported, taxpayer-supported matches This way to convert over to a civilian last year’s legislation, Mr. President. that the Army used appropriated funds program without just killing the whole I regret this issue is being character- for and transferring that over to a non- program outright was the compromise ized as a gun control issue because I be- profit corporation to continue the that was worked out last year. No. This lieve that characterization is mis- marksmanship training, safety train- program, Mr. President, has not even leading, to say the least. Like Senator ing, Olympic-hopeful training, and so had a chance to go into effect yet. So LAUTENBERG, I have been a strong sup- on, that has occurred at Camp Perry what we are doing is dumping the com- porter of gun control, but I do not be- for many decades now. promise that we thought there was lieve the sale of these 50-year-old 9- So I urge my colleagues to oppose the agreement on last year. pound rifles raises a gun control issue. amendment offered by my colleague This program’s predecessor, the Ci- As I said, as far as I know, there is not from New Jersey. vilian Marksmanship Program, was es- on record a single crime, not a single Mr. SMITH addressed the Chair. tablished by Congress in the very early one, no robbery that anybody has on The PRESIDING OFFICER. The Sen- 1900’s. They have promoted firearms record as I understand it, of an M–1 ator from New Hampshire. safety and marksmanship training ever rifle ever having been used. Mr. SMITH. Mr. President, in this since that time. What is the attraction of these? The amendment the Senator from New Jer- Up until this year, the Civilian attraction of these rifles is nostalgic, sey argues that the private, nonprofit, Marksmanship Program was run by the quite frankly, for collectors, those who self-sustaining entity established by Army, using appropriated funds, as I literally lived with that rifle back dur- Congress, the CMP, the Civilian Marks- said. In addition to providing firearms ing World War II days and who want manship Program, is neither private safety training, the Civilian Marks- one to hang above the fireplace or on nor self-sustaining. The amendment manship Program conducts a national the wall or someplace or to show their appears to make the program self-sus- marksmanship competition each year. kids. It is something they literally taining, but in fact it terminates the Quite legitimate; great. It is like peo- lived with in combat and which became program flat out. ple shooting bows and arrows get to an important symbol to them. You do He says that the CMP should be self- have their competition. People shoot- not see a picture of World War II with sustaining. He states that the program ing little .22 pistols have their com- the troops going up without the M–1’s is terrible; in fact, it is outrageous, he petition. And people who want to fire a slung over everybody’s back here. That says. I think the goal here is to portray little heavier fire caliber rifles have is the attraction of them to collectors. the Civilian Marksmanship Program as their competition. It is not a matter of gun control at dangerous and wasteful, perhaps an Indeed, it is an Olympic sport in all. These rifles are being bought by agenda here which is to terminate the marksmanship. The training many of collectors. They have never been re- entire program. these people receive at Camp Perry, corded as involved in the commission Let me just use some phrases that the competitions they were in in these of a single crime. They are heavy weap- the Senator from New Jersey has used

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7099 in debate here. The Senator from New and a waiting period of 10 to 15 months Now, let me answer this point about Jersey says, ‘‘Located deep inside the after the completion of all these re- gun enthusiasts. This is a large pro- massive 1996 Defense Authorization quirements. gram, a very large program. It has the Act, there is a small provision that was Now, the Senator from New Jersey, direct involvement of over half a mil- slipped into the defense bill.’’ and I will use his language, said, ‘‘The lion young adults, maybe some older Both the House and the Senate bills total tab to the American taxpayer for adults. Nine out of 10 members of the contained very detailed provisions to this boondoggle is over $76 million.’’ 1992 U.S. Olympic rifle team partici- transition this Civilian Marksmanship That is simply not true. The value of pated in this program, 9 out of 10, to in- Program from the Federal Govern- obsolete M–1 rifles is zero. How would clude female gold and silver medalists. ment. This is not something that was one put a value of $76 million on obso- Congress considered the issue, recog- deep inside a massive bill that was lete items that no one wants to buy? nized the value of the program, and de- slipped in. It is actually 14 sections in They are a liability. They cost money veloped the transitional aspect of this a separate title. Title 16, Corporation if they are destroyed. legislation in close cooperation with for the Promotion of Rifle Practice and No real property is here being trans- the Army to enhance those people to Firearms Safety. It is almost 10 pages. ferred to the corporation. So the $76 use those weapons in their training on So it is not a little, insignificant item million, I do not know where it came the U.S. Olympic team. that was somehow slipped into this from. It has no basis, in fact. However, CMP, the Civilian Marksman Pro- bill. It is very clear. It is not a small there are some savings. Mr. President, gram, is conducted through 1,100 for- provision. It certainly is not in any 28 Government employees would leave mally affiliated clubs in all 50 States, way hidden. It is very much a part of the program, $83,000 in annual rent for whose volunteers teach young people the bill and easy to find. a commercial building would be saved, the safe and responsible use of firearms The Senator from New Jersey also and $850,000 in conducting national in conjunction with competitive sport says that, ‘‘The law directs the Depart- matches would be saved, a cost avoid- shooting, competitive sport shooting. ment of Defense to turn over 176,000 ance by not having to store and destroy Who belongs? Clubs in New Jersey, for guns and 150 million rounds of ammu- 287,000 obsolete firearms. example, include the Vernon Township nition in buildings in Washington, DC, Another statement that was made Police Athletic League, the Queen of and Ohio worth $8.8 million.’’ here, Mr. President, by the Senator Peace High School, the 44th infantry The law directs DOD to transition from New Jersey is, ‘‘Why should tax- Division Historical Reenactment Soci- the program to the private sector— payers be delivering cost free to Amer- ety, the Boy Scout Troop 46, and Kear- transition the program to the private ican gun enthusiasts more than 176,000 ny Police Junior Rifle Club. We forget sector. No transfer of an obsolete M–1 rifles and enough ammunition to start that when we go to see these reenact- Garand rifle can occur by law unless a small war?’’ If we could try to look ments of military battles or marchers, strict criteria are met. No buildings or through that kind of inflammatory that they do carry these weapons. real property are going to be given to rhetoric, it is fair to ask a public pol- Where would they get them? We are the corporation. One building at Port icy matter, I think, as to whether the providing them to them. That is a serv- Clinton, OH, may be leased back to the CMP should be transitioned or termi- ice. These are not placed in the hands corporation. nated. That is a fair question. No con- of fanatics who are going out shooting Ammunition held in this Civilian cern was raised while the issue was people. Yet that is the image that is Marksmanship Program is surplus am- considered in markup nor on the floor being presented here. munition. Eighty-five percent of it was nor in conference. This is not a gun A typical club secretary, who also is purchased with revenues generated by control issue. That is what the other a New Jersey police officer, commented CMP from fees and dues. There are no side is making this into. It is not a gun to our staff on the committee, ‘‘Our U.S. forces or allies, for that matter, control issue. The program promotes club has 21 young people in grades 6 to who have any need for this 30-caliber safety and conducts matches—national 8 and 40 on a standby list. We have ammunition. So the 287,000 M–1 Garand matches. The disposals of these obso- turned away countless others because rifles now being stored by the defense lete weapons, the M–1’s, comply with we do not have instructors. The local logistics agencies are obsolete. They all current law and further require a schools and parents fully support our are carried by DOD as unserviceable. formal training program and a waiting club.’’ I repeat, ‘‘The local parents and So I do not understand where all this period of 10 to 15 months after all these schools fully support our club. Ours is tremendous monetary value comes requirements are complete. the only basic firearms safety program from that somehow we are wasting or We have heard today that somehow in the area. We believe that educating giving away. They are obsolete. They this is a great benefit to the NRA and kids in safety is the best way to are not worth anything to the Federal we are carrying water for the NRA. demystify guns and achieve responsi- Government. So this transition saves This is not even about the NRA. The bility, safety, and respect. We teach the Government, does not cost the NRA does not have a thing to do with kids how to handle these situations Government, saves the Government this program, nothing, not one bit of a where a friend may try to take out a millions—millions of dollars—because role does the NRA have in this pro- gun in a house,’’ for example. It is a you have to destroy this inventory. If gram. The essential question is wheth- team program. you did not get rid of it by giving it er the program contributes sufficient Another secretary commented, ‘‘We away, you would have to destroy am- value to the United States to merit its have more than 400 members in our munition, you would have to destroy continuation. That is the issue. The club. This is a family program, lots of these weapons. Plus, in the meantime program of safety education and the fathers and daughters. Most adults are before you destroyed them, you would contribution to the U.S. Olympic in the National Guard, the Reserves, or have to have storage costs. The esti- teams alone would answer that ques- have had military experience. We mate of that is somewhere around $2.5 tion in the affirmative. stress the safe handling of firearms and million annually. In addition to that, Now we have heard to the contrary, dispel myths. We instruct the police you would preserve the program and but considering the program’s value as auxiliary and active Reservists without avoid other significant costs. an outreach program, conducted by a the use of public funds. Our community M–1’s are obsolete and have value large network of volunteers, its proven has found in 15 years of club affiliation only if they are sold. They do not have value in military recruitment and the this is an excellent program for kids.’’ value if they sit. They have value only savings to taxpayer, all of those items So, ‘‘The CMP,’’ again, using the if they are sold. Criticism that the pro- support its continuation. What we are words of the Senator from New Jersey, gram is a giveaway for selling obsolete hearing is a misrepresentation of the ‘‘has sponsored summertime shooting rifles that have no value unless they facts, turning this into a gun issue. The competitions for civilians and it even are sold does not make any sense. Dis- fact that there is no cost to the tax- purchased bullets for Boy Scouts and posals comply with all current law. All payers to continue the program as a taught them how to shoot guns.’’ Now, current law is complied with, and fur- private entity further supports its con- that is really an outrageous statement, ther, require a formal training program tinuation. Mr. President. The program conducts

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7100 CONGRESSIONAL RECORD — SENATE June 27, 1996 annual national matches, supports pro- apt to have accidents, or go to people Nonetheless, I rise in support of what grams like 4–H, Future Farmers of who do not understand guns. But to say Senator LAUTENBERG is doing, because America, and, yes, the Boy Scouts. It we are putting bullets and guns into to me this kind of program is not one does furnish .22 caliber ammuni- the hands of Boy Scouts, that is ter- in which the Federal Government tion—formerly free of charge, soon at a ribly misleading, Mr. President. should be involved. It is not one in nominal price—for certified youth pro- At this point, I suggest the absence which we should be providing cash and grams paid from revenues that this of a quorum. leased space and weapons to a civilian program generates. Without this pro- Mrs. FEINSTEIN addressed the program. My view is that the groups gram, there would be no national Chair. who are interested in this are well- matches. The PRESIDING OFFICER. Does the funded, they have a fee base, and they Again, the Senator from New Jersey Senator withhold the quorum call? can handle this program on their own, says in reality the new corporation will Mr. SMITH. Mr. President, let me and that is an appropriate thing to do. be private in name only. That is not just say, the Senator from New Hamp- I also have a problem in that I do not true, either. The legislation states, shire would object to calling off the believe that military weapons should ‘‘The corporation shall not be consid- quorum call, unless the Senator from be sold by the U.S. military to civil- ered a department, agency, or instru- California would agree to be recognized ians. Military weapons may be out-of- mentality of the Federal Government. for debate only while the managers are date weapons, but, nonetheless, they An officer or employee of the corpora- working on an agreement with respect are designed with a purpose, and that tion shall not be considered to be an of- to the Lautenberg amendment, and purpose is combat. Heaven knows we ficer or employee of the Federal Gov- that I be recognized when the Senator have enough combat on our streets. ernment.’’ from California yields the floor. I looked at the background of this The Senator from New Jersey also Mr. LAUTENBERG. I object. program. It was actually established, says, ‘‘There was also evidence of links Mr. SMITH. Then I object to the call- interestingly enough, in 1903 as a mili- between the program and ing off of the quorum call. tary program prior to the Spanish antigovernment militia groups.’’ Of The PRESIDING OFFICER. The American War to take young recruits course this is a hot button, which is clerk will call the roll. and would-be military and teach them why it is brought up. Again, this is The legislative clerk proceeded to how to shoot prior to their coming into simply not true. Now, facts are facts. call the roll. the military. This comment may refer to a group not Mrs. FEINSTEIN. Madam President, Last year, under title XVI of the 1996 affiliated with the program that tried I ask unanimous consent that the order Defense Authorization Act, the non- to use a military installation range for the quorum call be rescinded. profit, so-called private Corporation and was turned away by the installa- The PRESIDING OFFICER (Ms. for the Promotion of Rifle Practice and tion commander because they were af- SNOWE). Is there objection? Firearm Safety was put forward. In ef- filiated with the militia. The Army Without objection, it is so ordered. fect, this is a change in name only. It conducted an investigation of possible Mrs. FEINSTEIN. Madam President, is the same program. It may have a dif- militia involvement in a program and I rise as a cosponsor of Senator LAU- ferent board of directors, but it will be can find absolutely no indication of mi- TENBERG’s amendment and to both the same identical program—sort of litia involvement. commend him and support him for this the same program with a different This M–1 is not the type of firearm amendment. name on it. that such a group or a criminal would Prior to making my remarks, I would So essentially, when it becomes oper- prefer. It cannot be used as a full auto- like to address a comment made by the ational in October of this year—and it matic. It is heavy and it is impossible very distinguished Senator from New has not yet become operational—it will to conceal. This is an old military Hampshire that these guns have no take control of 176,218 Army rifles and weapon, Mr. President. value, that the $76 million price tag on 146 million rounds of ammunition The legislation prohibits explicitly them is outrageous. worth more than $62 million. Even participation in the program by any- Well, we called a number of gun more remarkable, it will receive at body who is a convicted felon, firearm shops around the Nation to determine least $4.4 million in cash from the violator, and any individual who would whether the M–1 and the M–1 carbine Army, and it will be given leased Fed- advocate the violent overthrow of the had a value. I would like to share with eral property such as vehicles and com- U.S. Government or any overthrow of the Senator what I found. The M–1, puters valued at $8.8 million at no cost the U.S. Government. The require- which the Army puts a value of $310 on, to the corporation but at a cost of $76 ments to purchase an M–1 through the can be purchased at the Old Town Ar- million to the taxpayers. So the tax- program are probably the most vig- mory in Alexandria, VA for $425. It can payers are essentially giving to a to- orous in the country. be purchased at the Old Sacramento tally civilian program $76 million of An applicant must comply with all Armory in California for $549. It can be their funds. existing laws, have a background purchased at Segal Guns in Oakland for Is training people to shoot straight a check, be fingerprinted, attend a for- $495. worthy cause? Of course it is. But it is mal training program, fire 50 rounds Remember, the Army’s value is $310. not the Government’s responsibility. under supervision as part of the train- The M–1 carbine, which the Army puts I do not know about you, Madam ing, and wait 10 to 15 months after a value of $76.90 on, can be purchased President, but I have not received one completion of all of the requirement to at the Old Town Armory for $389, and phone call or letter from a constituent receive a rifle. the Old Sacramento Armory for $425, at complaining that we are not funding It is regrettable, Mr. President, that the San Francisco Gun Exchange for enough shooting competition. I have, this program has come under attack $278.50 and $325, at the National Shoot- however, heard from constituents and this thing is being made into an ing Club in Santa Clara at $400 and about the $11 million that was cut from NRA issue or a gun issue. $425. Healthy Start, a program to reduce in- Again, in summary, these are out- As a matter of fact, if you average fant mortality among low-income preg- moded weapons that are used in com- these prices and say what market nant women, and I have heard about petition, or in military reenactments, prices are for these weapons, the M–1 the $384 million that was cut from stu- or hobbyists, or for competitive shoot- and the M–1 carbine, and the other dent financial assistance grants, and I ing, and that is all. They have no value items, actually increase the amount to have heard about the $12 million cut whatsoever to anyone. So to say they about $86.5 million rather than $76 mil- from the school dropout prevention are worth $76 million is simply out- lion. program and the $4 million cut from rageous. They have no value. So I respectfully submit to this body the National Health Service Corpora- So by providing this opportunity for that it is not true that these guns have tion that sends doctors and nurses into people to get some use out of them, no value. They are, in many cases, col- underserved areas. some training, I think we enhance the lectors items, and they bring a sub- So what this boils down to—and I possibility that they would be less be stantial value. recognize there is a firewall between

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7101 defense and social programs—is really that appears clearly to be the case of This new program and the director of a sense of priority. Is this where we the two Senators and the votes that civilian marksmanship that would be want Army weapons going? Is this how they have cast over the last several created by it have this responsibility: we want Federal dollars used? years, and certainly the Senator from the instruction of marksmanship and My own State of California will have New Jersey has made no secret about the conducting of national matches cut $12 million for the Commerce De- the fact that he has been opposed to and competition—and out of those na- partment’s Tourism and Travel Admin- the Civilian Marksmanship Program tional matches and competition grow istration. This is a big deal in Cali- and has for many years tried to termi- our Olympic athletes who compete in fornia. It is one of our major indus- nate it—I would not be surprised that this legitimate international sport, the tries. Local communities feel a very this amendment would come at this sport of marksmanship shooting, com- real impact from the $35 million lost in time. What happened last year was a petition shooting—the awarding of the impact aid to make up for lost tax rev- recognition of the concern of the Sen- enue. ator from New Jersey. trophies, the prizes, the badges and in- So this, again, is about priorities. I But as important as getting it off signias, the sale of firearms, ammuni- do not think—well, I know, because the from the Government role, if you will, tion and equipment. military has said they do not need the is the recognition as we have gone That becomes the responsibility of program. They do not really want the down through the decades that we real- this civilian-based, nonprofit corpora- program. $76 million—think of what ly did find it a legitimate and a respon- tion, and I think that is what we ought that could do put to use. sible position for our Government to to be doing. That is responsible. I think I am also very much aware of the promote firearm safety and, certainly, this is an amendment that ought to be legitimate civilian marksmanship. fact that there are many guns in this tabled, and I hope that sometime this Nation. We have 212 million guns in the Whereas, the Senator from California stated when this program was origi- afternoon we could get to that and my United States of America in private colleagues would join me in such ta- circulation and another 6 million being nally organized we found our need to bling action. added every single year. Do we really defend ourselves as a country but we need to use Federal money to add over found a civilian population who did not As the Senator from Ohio, who out- 175,000 Army guns to this street sup- know how to handle firearms, and the spokenly said he was an advocate of ply? This is not a question of gun con- length of time in training them was gun control, has said on this floor min- trol. This is not controlling guns. It is such that it was inadequate for the utes ago, the M–1 is not a weapon that a question of adding to the supply with need for protection. Since that time we we find in crime, used on the streets taxpayer dollars. I, for one, do not have had a department of civilian today. It is a collector’s item in large marksmanship, a program that has truly believe that the Federal Govern- part, and it is also used for marksman- been participated in, yes, by the Na- ment should do this. I believe, in a ship. Many of our veterans of World tional Rifle Association, but by a lot of sense, that it has as much social well- other civilian groups, private groups, War II like to collect them as memora- being and purpose as a Federal tea- who have been interested in responsible bilia. It is a way of raising money from tasting program. firearm handling and safety and accu- an obsolete item that our Federal Gov- In reports such as ABC’s Prime Time rate marksmanship. ernment now has. Live and a Boston Globe article, it is As the Senator from Ohio so clearly I certainly hoped that the words of true militia members brag that they spoke, this program is privatized. It is are adding to their stockpiles of weap- the Senator from New Hampshire, the being moved out of the area of subsidy. recognition that we heard the Senator onry and ammunition and have re- So if you are against a safety pro- from New Jersey and responded by tak- ceived training at U.S. Army bases gram, a responsibly controlled pro- from the Civilian Marksmanship Pro- gram, and you are just antigun, then ing this out of the Government role gram. What is to stop them from re- my guess is you would want to vote for and making it a private corporation, ceiving training at this program as this amendment. would have satisfied him. Apparently, well? But if you recognize the need for gun by his presence and this amendment in As a matter of fact, this group does safety, for a well-organized program the Chamber this afternoon, that sim- its own gun checks—not a Federal and for our military, the Army in this ply is not the case. He wants to termi- agency, not somebody independent, not instance, to be a participant in select- nate this program altogether and then somebody trained in it, but very ing the board of directors of this civil- withstand the expense of the destruc- progun, antiregulation, antilicensing ian, nonprofit group to handle the Ci- tion of these firearms and the ammuni- people would do the betting of who vilian Marksmanship Program and the tion involved. I hope that is something would have these weapons. sale of these obsolete firearms, then I we would not do. So I would say who do we really would ask you to oppose this amend- know? Where do we really think these ment; to do responsibly what we did in Yes, there is value to the weapon. weapons and ammunition will go? The 1996 in the defense appropriations bill, There is no question about that. The clear answer is we do not really know and that is to move it out of the Gov- Senator from California cited statistics because the new corporation would ernment and allow the sale of the M–1 from gun shops around the country, have the sole responsibility for deter- and the ammunition that remains, but only if it is in that shop and only mining who gets the guns and who does which is by all definition an obsolete if it is for sale. Right now, stored in a not. A group of private citizens will de- military weapon, to fund the program. warehouse, it is of no value except it termine who gets military weapons and Some would argue that is subsidy. I costs the Government annually over $2 who does not. would argue something different than million, about $2.5 million to store and That, to me, is wrong-headed. It is that. to maintain these weapons. I suggest that right now the storage ill-advised. Then when you fund it with So I certainly hope that as, once be- of these obsolete military weapons is taxpayer dollars, I think Senator LAU- fore, the Senate spoke clearly on the TENBERG is absolutely right on, it be- costing us well over $2 million a year. We are paying for that on an value of the Civilian Marksmanship comes a major boondoggle. Program, we would again concur as we I yield the floor. I thank the Chair. annualized basis. If we destroy the did last year. It is time to privatize. Mr. CRAIG addressed the Chair. arms, which the Senator from New Jer- The PRESIDING OFFICER. The Sen- sey is advocating, we do not know its That we are doing. We have moved in ator from Idaho. cost—millions of dollars to go out and the process to create the nine-member Mr. CRAIG. Madam President, the destroy not only the firearms but the board of directors, initially, as I said, amendment that the Senator from New ammunition. That has a fixed-cost to appointed by the Secretary of the Jersey has brought before us—cer- it. Or we can do as we are suggesting Army. The civilian director, also cho- tainly the Senator from California has here and legitimately fund this pro- sen then by that board, will continue just spoken in behalf of—in my opinion gram by the controlled sale of the M–1. to provide services to affiliated organi- rests largely on a matter of opinion And I hope we would choose to do so. zations and to follow through with and not as much on fact. I say so be- Certainly, I think that remains a re- those items with which I mentioned cause, if you really are antigun—and sponsible choice. this director is charged.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7102 CONGRESSIONAL RECORD — SENATE June 27, 1996 I hope we could conclude this debate convened a Federal weapons task force It was said, by our colleague and and move on with other issues directly to review the Government policy of dis- friend from Idaho, this was a board ap- affecting certainly the legislation be- posing of firearms. It confirmed a long- pointed by the Army Secretary. That fore us, the defense authorization bill. standing Government policy of not should give it some balance. But this Mr. LAUTENBERG addressed the transferring federally owned weapons board has the authority to replace Chair. to the public; excess weapons are not itself, replace members that retire or The PRESIDING OFFICER. The Sen- sold or transferred out of Government leave for whatever reason, so it can ator from New Jersey. channels. easily become a captive of a particular Mr. LAUTENBERG. Madam Presi- Federal regs are clear. They say that group. dent, I listened carefully to my friends ‘‘surplus firearms and firearms ammu- I do not want to stop gun practice, who take an opposite view to mine, nition shall not be donated’’ to the gun safety instruction, none of those who I think are accusing me at this public. ‘‘Surplus firearms may be sold things. I do not want my Government, moment of trying to foster gun con- only for scrap after total destruction I do not want these taxpayers, to have trol. Although that is something I do by crushing, cutting, breaking, or de- to pay to give it to the group. I think not shy away from, that happens not to forming to be performed in a manner to it is an absolutely unjustified process. be the motive of this amendment. They ensure that the firearms are rendered We ought to stop the program. We suggested that I may not like the Boy completely inoperative and to preclude ought to get out of the business. If peo- Scouts. I was a Boy Scout. They sug- their being made operative.’’ So that ple want to pay for ammunition and gested I do not like guns. I carried a they cannot be made operative again. guns and so forth, there is a market- gun. I climbed telephone poles with a Simply put, they said the Federal place out there, they can buy all they carbine over my shoulder in Europe Government has made a decision. It want. during World War II, in the northern should not be arms. This has nothing I hope, Madam President, we will tier, Holland and Belgium, that area. I to do with gun control or whether or bring this debate to a conclusion and even at one point got a marksman’s not FRANK LAUTENBERG is offending let the Senate speak for itself. badge. So I fired these weapons and did the sensibilities of the 4–H Clubs—we Madam President, I ask for the yeas what I had to do to learn how to shoot have them in New Jersey—or the Boy and nays. them. The Army program was pretty Scouts. I repeat, I was a Boy Scout. I The PRESIDING OFFICER. Is there a effective. never got to be an Eagle Scout, but I sufficient second? At this moment Now, again I said World War II. Some was OK. Nothing could be further from there is not. around here may think I was in the the truth. The Senator from Alaska is recog- Spanish-American War, but the fact is But, when it is suggested here these nized. that that war is what occasioned this weapons could never be used in a Mr. STEVENS. Madam President, I development. We had an Army that crime, they are too cumbersome, et do know the Senator from New Jer- could not shoot straight so they said, cetera, we have a transcript of a TV sey’s military background. Apparently well, let’s get a civilian force that can program in which a Mr. Mark Koernke I know something he does not know effectively be a kind of premilitia appeared and talked about the militia about the Army. group that can help us at moments of program, where they had access to an The Department of Army did inves- conflict. American military base where they tigate the militias to see if there was That was then, 90 years ago. But the could go in and out fire weapons, et any connection between the militias program has no value now, and it has cetera. This was Mark Koernke’s re- and the problems the Senator from been established by the Army as hav- sponse to Sam Donaldson. ‘‘As a mat- New Jersey has mentioned. It is my un- ing no value. The Under Secretary of ter of fact,’’ he said, in response to derstanding they found there was none. the Army writes in May that the Army Sam Donaldson, who said: As a matter of fact, just in the last 2 gets no direct benefit from the pro- You’re telling me, sir, that you did not, in weeks when I have been back to Alas- gram, that there is no ‘‘discernible any event, ever advocate an attack on Camp ka, twice, I have seen the Alaska Mili- link,’’ it is quoted, the Honorable Grayling [military base]—is that what tia working as volunteers at the fires FLOYD SPENCE, chairman of the House you’re telling me? that took place near Anchorage, National Security Committee, and the Mark Koernke: Absolutely. As a matter of around our lake country. We call it the fact, we can access Camp Grayling at our ranking member, RON DELLUMS, reit- discretion any time that we wish. Meadows Reach fire. They were in their erating, no discernible link between Sam Donaldson: What do you mean by uniforms, provided by my State. They this and the CMP. that? perform voluntary service, assisting Madam President, I think we ought Mark Koernke: We have access to it.... people in disasters. to get to the nub of the problem. Yes, This is someone who is a leader in They also perform the function of I think that it would be outrageous for the Michigan Militia: teaching our people, young people, how the Government of the United States We have access to it . . . for Department of to handle weapons, weapon safety, to give away $76 million worth of prop- Defense, D.C.M. [a civilian marksmanship weapons training. The unfortunate erty to people who want to learn how basis] shooting on a regular basis. We can thing is, I do not think the Senator to shoot a gun and hold a competition. enter the facility or any other military facil- from New Jersey realizes in the Presi- If they want to do that, that is fine ity. dent’s appropriations bill, in the bill with me. We do not provide golf balls, So, while this may not be a weapon the President submitted to us—and tennis balls, baseballs out of the Fed- of choice for criminals, the fact is if it this is the President’s budget I have eral Government for people who want is a weapon of choice for military peo- here—is this provision: to learn how to play baseball, basket- ple to train with—militia people, I None of the funds available to the Depart- ball, or otherwise. If they happen to be think it is a bad idea. ment of Defense may be used to demilitarize in the military or some branch of Gov- We are down to the nub here, frank- or dispose of M–1 carbines, M–1 Garand rifles, ernment that does that, fine. But for ly. Whether or not the process is ex- M–14 rifles, .22 caliber rifles or M–1911 pis- civilians we do not do that kind of actly as it should be, yes, Senator tols. stuff. FRANK LAUTENBERG wants to eliminate The impact of that is to continue in And since when do we now suddenly this program. That is what the Army the appropriations process the provi- see the sanctimonious character of this suggested. That is what the GSA sug- sion that we put in there for many being almost a moral obligation of the gested. We want to stop paying for it. I years to prohibit the Department of country? I disagree with that totally. want to stop paying for it altogether. I Defense from destroying these weap- We are talking about a giveaway of want those weapons destroyed, not ons. These are weapons that are now Government property contrary to pol- given over to a civilian organization stored by the Defense Logistics Agen- icy that says that in fact we ought to where they can sell them and use the cy. They are obsolete with regard to be destroying weapons. profit for their mission. It ought not to the activities of the Department of De- This was a GSA-inspired program. be that way. No place else in Govern- fense. The Department is required by The General Services Administration ment do we do that kind of thing. law to protect them. I think others

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7103 have already mentioned we have a se- militias into the problems that have any safer place to have them learn ries of people, 28 Government employ- occurred with regard to two or three than on a military base where we have ees, we pay $83,000 annually for rent of groups that call themselves militias. a range that is operated under all sorts a commercial building to store them, Particularly Western States have mili- of conditions that protect the safety of there is approximately $850,000 we cur- tias. My State has a militia of neces- all concerned. I am sure the Senator rently pay from the taxpayers’ money sity because of the number of disasters did as I did; he learned to shoot on a to conduct the national rifle matches. we have. I saw them last year at the range on a military base. What has happened in the last year, large, Kenai Peninsula flood area. They Mr. LAUTENBERG. In uniform. the Department of Defense bill, which were down there volunteering. They Mr. STEVENS. In uniform. A lot of was signed by the President, had a pro- came in and they helped everybody these kids are not going to be in uni- vision to require these rifles be turned who was suffering because of that dis- form now, thanks to those of us who over to them, and the ammunition, astrous flood. They are helping, this did away with the draft. They are which is surplus to the Department’s year, the people involved in the fire going to have to learn how to shoot needs. There is no U.S. ally or entity of area. guns, and if they are going to learn, our U.S. Department of Defense that I do not know why people have to at- they ought to learn right from military uses a .30 caliber ammunition now. tack a legitimate function of State people on military bases where safety Contrary to this chart, there is no government in order to try to make a is taught first. property being given to this corpora- point there are some people who go off The first two times I went to the tion. I do not know where the Senator the deep end, as far as the use of fire- range in the military, we did nothing from New Jersey got those figures. arms. We join with others who are try- but what we called ‘‘dry firing.’’ We This is not a giveaway. It is a creation ing to correct that. But this amend- learned how to handle those guns safe- of a foundation, in effect a corporation ment is not going to correct that. This ly. That is what goes on on those bases, that is required by law to pay the costs amendment will take us back to the and I think it is right. of preparing and transporting any fire- fight, what do we do with the rifles and I sincerely oppose the Senator’s arms or ammunition. It deals with the guns? Even the President of the United amendment. I call his attention to this surplusing of these rifles over a period States says none of the money in the provision. I assume when we get to the of time to this creature—it is a cor- bills—we are going to appropriate Defense Department appropriations poration, created by law. funds for the Department—can be used bill, that the Senator will try to take It was not deep inside the Defense to in any way demilitarize them or dis- this provision out. But I remind the Authorization Act, done in the dark of pose of them or destroy them. Senate, it was sent to us by the Presi- night, as the Senator from New Jersey I believe the concept of this corpora- dent of the United States. It says that would have us believe. It is legislation tion is a good one. It basically gives us none of the funds that we make avail- signed by the President, 14 separate the ongoing funding by taking those able to the Department of Defense can sections. This is the act that passed firearms that are no longer necessary be used to demilitarize or dispose of last year. That is an act of our Con- for defense purposes and makes them these weapons that he now opposes we gress last year. It was signed and there available for sale to gun collectors and transfer to this corporation for pur- are 14 sections in here that deal with others who want them or could use poses of supporting a legitimate edu- this corporation for the promotion of them. cational program on how to handle rifle practice and firearm safety. Many of us who are hunters still use firearms safely. We take the position it is a logical .30 caliber weapons. My hunting rifle is Mr. LAUTENBERG addressed the use of the power of Congress to create a .30 caliber. I do not see any reason Chair. a corporation and assign it a function why that ammunition should be de- The PRESIDING OFFICER. The Sen- that has previously been paid for by stroyed when it can be used by those of ator from New Jersey. the taxpayers. This is going to save us who still have those guns. We are Mr. LAUTENBERG. Madam Presi- money and continue the concept of try- not using them in criminal ways. We dent, whenever one has an opportunity ing to find ways to instruct our young are using them for our hunting activi- to engage in a debate with the distin- people on rifle practice and firearm ties, and I believe that ammunition guished Senator from Alaska, one al- safety. should be available. ways knows that the citizens of Alaska I am sad we disagree. But he is not The corporation will make it avail- have justly deserved the reputation for disagreeing just with those of us who able for distribution and will use the being focused on their mission and let are opposing him, he is disagreeing income from that to offset the $850,000 no holds bar them from their purpose— with the President of the United we have been spending annually to con- and with respect and admiration, by States. The President signed that bill. duct the national rifle matches and the way. I enjoy my moments of con- I do not remember objection being will use the income to continue the versation, sometimes a tiff, as we raised at the time. The President sent concept of these educational processes might call it, with the Senator from up to us again the same provision that to teach our young people how to use Alaska. I will tell you, he is never at a prevents the destruction of these rifles rifles, how to use firearms safely. loss for words and thoughts, and I re- and will require us to continue to store Sure, they have access to our mili- spect him. them and hire people to watch them tary bases for that purpose. That is In this case, the Senator happens to and to guard them. where the safe ranges are. I wonder be wrong. The situation, as the Senator The consequences of the amendment where the Senator from New Jersey describes it, I think, extends my re- of the Senator will not be to prevent a thinks in his State the safe firearms marks just a little bit. giveaway, it will be to require the tax- ranges are? Yes, I know the President signed the payers to continue to pay for functions I have a whole list of things here—I defense bill after having vetoed it once, that can be supported by this corpora- do not know if anybody read them— and, after having another bill put in tion. And I did support the corporation that people from New Jersey have said front of him, he signed it last year. I when it was included in the Depart- about the Senator’s amendment. I do assume the President carefully studied ment of Defense authorization bill for not think it is quite fair to quote his it, his people studied it, and he signed 1996. And so did the President of the constituents to him. He can talk to a bill that, like all pieces of legisla- United States. I thought we had found them himself. tion, some are excellent through and a logical compromise to avoid the an- Clearly, they have access to those through and some have problems with nual fight we have had over this pro- military bases for the purpose of rifle them, but on balance you say, ‘‘OK, gram, to try to teach young people how practice and to teach safety classes, this bill is good enough that I have to to conduct themselves and how to han- and I think that is a good idea. I do not swallow hard and take some things.’’ dle rifles and firearms safely. think there is anyone better qualified The Senator from Alaska knows very I still think it is a good function. I to teach our young people how to han- well that there is rarely a piece of leg- am disturbed the Senator from New dle firearms safely than people who are islation that is exempt from amend- Jersey apparently links all of the State in the military. I do not think there is ment, review, rewriting or otherwise.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7104 CONGRESSIONAL RECORD — SENATE June 27, 1996 That is life around here. So simply be- about. The taxpayers bought these ri- this program to develop responsibility, cause it was in the defense bill at one fles at one point for our military, and discipline, and sportsmanship in our point does not make it right. Now that now we are hearing complaints when youth. These organizations include Po- we have had a chance—one solid year— the taxpayers have the opportunity to lice Athletic Leagues, schools, and to examine the weaknesses of that bill, buy them again. churches, and numerous youth groups this is one that stands out sharply in A couple more quick points. On the such as the Future Farmers of Amer- my mind. question about what stops the militia ica, 4–H, the Boy Scouts, and Law En- When I talk about access to military from participating, the law stops the forcement Explorers. It is also an effec- bases—the Senator is gone—but Fort militia from participating. They can- tive recruiting mechanism for the Monmouth in my State still exists be- not participate, they cannot buy an M– Armed Forces. cause one of the things I worked hard 1 if they advocate the overthrow of the The Corporation is a self-financing to do was to make sure this prime fa- U.S. Government. No group like that program. It will be used by almost half cility continued to operate. Fort Dix in can get those. There is a background a million citizens, at no cost to tax- my State has some marginal oper- check on all the people. It must be a payers. The amendment appears to re- ations. McGuire Air Force Base. We certified program. There is a waiting quire that the program be self-financ- have military bases that are important period of 10 to 15 months. They are ing, but its language actually termi- in our society and important in our fingerprinted, and no felon can pur- nates the program. Since the program culture. But access to the base does not chase these. Again, this is excess in- will be self-financing, the amendment mean you can run in any time, go any- ventory. is unnecessary. place you want without typically some This is surplus. It is obsolete. These The enacted legislation states that specific purpose. If you are there for weapons are surplus, obsolete. They are the ‘‘Corporation shall not be consid- rifle practice or target practice, so be of no use to the military. They are ex- ered to be a department, agency, or in- it. cess, therefore, the Government, in all strumentality of the Federal Govern- What I was quoting was a person types of excess materials, disposes of ment.’’ Rather than expend public from the Michigan Militia who said, ‘‘I them. How do you advocate destroying funds, the program will save the Gov- have access any time I want to Camp $76 million in taxpayer assets if they ernment millions of dollars that would Grayling.’’ That is the kind of access I do not have value, are without value to have to be spent to store and demili- do not think ought be available. These the taxpayers? tarize obsolete firearms. are places, after all, that have dan- This business about military access, The assertion that these firearms gerous materials and information that militia access, and Camp Grayling, represent a $76 million asset is not cor- ought not to be accessible to someone that does not have anything to do with rect. In fact, they are a liability to the without the right to look at it. this program. CMP is a very tightly taxpayers, because they are obsolete, Madam President, in short and in controlled program. As a matter of surplus, and have no current military long, I think that we have examined fact, those people were thrown out who value. this question thoroughly. The distin- tried to get into Camp Grayling. U.S. This program is about rifles, not guished Senator from New Hampshire citizen access to military installations handguns. A citizen who satisfies all the provisions of current law for pur- talked privately with me about coming is another issue. chasing a firearm, completes a back- to an agreement so we can end the dis- Mr. THURMOND. Madam President, I ground check, and undergoes a formal cussion now and take up the vote at a am concerned that the amendment of- training program may purchase an ob- later time. If the Senator from New fered by the Senator from New Jersey solete M–1 rifle through the Corpora- Hampshire wants to propose it, I cer- is based on assertions and conclusions that do not appear to be based in fact. tion. tainly would like to hear him and see if The requirements to purchase an M– I am also concerned that adoption of we can arrive at a point in this discus- 1 rifle are the most rigid in the United this amendment would require the De- sion where we can terminate for a mo- States. They are set out in legislation. partment of Defense to divert millions ment. The waiting time for a purchaser to re- of dollars from the training and main- Mr. SMITH addressed the Chair. ceive an M–1, after paying for the rifle The PRESIDING OFFICER. The Sen- tenance of our Armed Forces. and meeting all the program require- ator from New Hampshire. Congress developed an approach to ments, is between 10 and 15 months. Mr. SMITH. Mr. President, while the transition the Civilian Marksmanship The inventory of surplus firearms is Senator from New Jersey gets a chance Program from a semifunded Federal not transferred to the Corporation. No to review the unanimous-consent re- program that had required an annual firearm will be transferred to the Cor- quest, I want to make a couple of appropriation of approximately $2.5 poration unless an affiliated club or in- points in response, very briefly, to million to a private, nonprofit Corpora- dividual has met the criteria for trans- some of the points that were made in tion. The transition plan was contained fer. this debate. in the National Defense Authorization There is no record of any crime ever The Senator from New Jersey and Act for Fiscal Year 1996, which the having been committed with a firearm the Senator from California, when she President signed into law. The plan purchased through the program. The was on the floor, argued about the was completed in full partnership with legislation explicitly prohibits both value of these guns, the M–1. Both Sen- the Department of the Army. participation in the program and the ators advocate that these rifles be de- According to police officers in the sale of firearms to convicted felons and stroyed. State of New Jersey, who are in charge individuals who advocate the over- You want to remember that in this of Police Athletic League clubs, the throw of the Government. There is no program, rifle sales are only a part of program is strongly supported by par- evidence of any subversive or so-called the program and the program is about ents, the local schools, and the commu- militia group ever having acquired safety, it is about competitive sport nity. It is highly effective in teaching these firearms. They are hardly state shooting, it is about instruction. But young people about safety, respect for of the art; they are basically suitable the thing that fascinates me is how can firearms, competition, and teamwork. for marksmanship training, competi- one argue that the rifle should be de- There are no incidents of crime or vio- tive sport marksmanship, and as col- stroyed on the one hand and, if they lence associated with club members. lector items. are destroyed, then the value is zero; The firsthand experience and judgment The National Rifle Association has yet, on the other hand complain that of police officers and others who under- no role in the Corporation. they are being sold? stand this program are significantly The legislation to which the Senator If I have a $10,000 porcelain artifact different from the opinions of the spon- now objects was not slipped into the that an antique dealer would buy from sor of this amendment. Defense authorization. Both the House me for $10,000 and I pick it up and I The program serves as a primary and Senate bills contained provisions throw it to the floor and break it, I do feeder for the U.S. Olympic Team and that transitioned the program. The not have anything of value. I think international competitors. More than provisions are clearly labeled in a sepa- that is really what this debate is 1,100 organizations in all 50 States use rate title of the act. The Senator raised

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7105 no objection when this matter was con- security of our Nation and the well- the quality of life of our troops and sidered last year. being of our men and women in uni- their families, and to improve readi- The Committee on Armed Services form. He has always shown great con- ness. has not had the opportunity to con- sideration for me, especially when I On that point, Madam President, it is sider the Senator’s amendment because first came to that committee. I was a often forgotten—we talk about the big it was submitted as a freestanding bill very junior member, sitting down at things, the submarines and the ships, after the committee had completed its the end of the table in the minority. the aircraft carriers and the airplanes markup. Our initial analysis indicates Mr. NUNN. I thank the Senator. We and the missiles and missile defense. that the Government would incur mil- enjoy very much the Senator being on These are the big-ticket items, so to lions of dollars in additional costs if the committee. I thank him very kind- speak, that we find in the defense budg- the amendment were adopted. ly. et. But we had testimony earlier this Mr. SMITH. Madam President, if Mr. SMITH. As the Senator leaves year from the Commandant of the Ma- there are no other Senators who wish this institution later this year to pur- rine Corps saying that at times he had to debate at this point, I ask unani- sue other interests, I want to take this leaky tents, sleeping bags that were mous consent that the Lautenberg opportunity, while I have it, while he is falling apart, clothing that was not amendment be temporarily set aside, here, to thank him for his service to enough to keep the soldiers warm. and that at the hour of 3:25 today the our Nation and certainly for his kind These are the kinds of things that we Senate resume consideration of the attention to me as both a majority and overlook. When you put a soldier or amendment, and there be an additional a minority member. sailor in a position like that, out there 5 minutes equally divided for debate, Madam President, the bill before us defending America, literally putting prior to Senator CRAIG or his designee provides a much needed increase of their lives on the line, they deserve the being recognized in order to make a about $11 billion to the President’s best we can provide them. I think we motion to table the Lautenberg amend- original budget request. I want to em- cannot overlook how important these ment and, further, that no second-de- phasize that this is still well below this so-called basics are. If you are out gree amendments be in order prior to year’s funding level when adjusted for there in that tent and it is leaking and the vote on the tabling motion. inflation. Since 1985, national defense you are soaking wet, it is very basic to The PRESIDING OFFICER. Is there funding has declined by 41 percent in you. objection? Without objection, it is so real terms. Let me say that again, par- There is no excuse for ever allowing ordered. ticularly for those who complain we that to happen to our Armed Forces. Mr. SMITH. Madam President, I sug- are spending too much. Since 1985, the So any time we can provide dollars in gest the absence of a quorum. defense spending has fallen 41 percent. there—that is not glamorous. It does The PRESIDING OFFICER. The That is 11 straight years of decline, not get a lot of attention. And some- clerk will call the roll. real decline. times it is overlooked because it is not The bill clerk proceeded to call the There are a variety of very important a glamour item. I am proud to support roll. initiatives contained in this bill that I increases in funding in that area. Mr. SMITH. Madam President, I ask want to briefly highlight. They in- Additionally, Madam President, the unanimous consent that the quorum clude, first and foremost, the 3-percent bill includes a number of important call be dispensed with. pay raise and a 4-percent increase in initiatives relating to ballistic missile The PRESIDING OFFICER. Without the basic allowance for quarters to our defense, and it authorizes nearly $900 objection, it is so ordered. military men and women. We forget million in increased spending along the Mr. SMITH. Madam President, I want that every day, 24 hours a day, our following lines: National missile de- to take this opportunity, since there is Armed Forces are out there protecting fense, Navy Upper Tier Program, and no one here offering amendments, to us, serving our country. the Theater High Altitude Area De- make a few remarks in support of this We found out this week how impor- fense Program as well, $134 million for defense authorization bill as reported tant that is and what sacrifice that a space and missile tracking system, by the Senate Armed Services Com- calls for. If one were to look at the pay and $50 million for the joint Israel- mittee. scale of those young men and women United States laser program known as I want to certainly commend my who were involved in that incident in Nautilus. leader on the committee, Senator Saudi Arabia, it is not a lot of money This national missile defense pro- THURMOND, for his outstanding leader- to risk their lives for. But they did not gram is so important, and we have had ship in formulating this legislation. do it for money, and we all know that. to fight, fight, fight, on the Senate The committee conducted an abbre- So I am proud to support that pay floor even to get language, let alone viated but thorough investigation of raise, that 3-percent pay raise and that dollars, for national missile defense. our defense requirements, examination 4-percent increase in the basic allow- We have no defense against ballistic of our defense requirements, and for- ance for quarters because these people missiles. None. We cannot defend our- mulated what I believe to be an excel- give their all; sometimes they truly selves against an Iraqi, Iranian, North lent blueprint for defense spending. give their all. Korean, or Libyan missile. We need to The Senator from South Carolina de- There is also $1.2 billion of additional be promoting this national defense pro- serves great credit for his leadership readiness funding for the unfunded re- gram. A lot of people do not realize and invaluable contribution, and his quirements of the service chiefs. There that. They say, ‘‘What about the Pa- diligence and hard work, on behalf of is an increase of $170 million for the triot missile during the Persian Gulf?’’ the defense of the United States of cruise missile defense programs, in- That was not designed to take out in- America and in the Armed Services. cluding $40 billion for the Patriot ACM coming missiles like the Scuds. We I want to take this opportunity to Program; legislation and funding to were able to do that. We were able to pay tribute also to the distinguished conduct competitive evaluations of use improvisations on the Patriot and ranking member, Senator NUNN. Sen- promising laser programs. Antisub- get it done, but we are not able to stop ator NUNN has served on this com- marine warfare programs are also in a ballistic missile. mittee for 23 years with great distinc- this bill. I am troubled by the administra- tion. He has been seen on both the ma- There is an increase of $134 million to tion’s failure to comply with the law jority and the minority sides of the buy additional night vision goggles, on missile defense. We tried to address table—probably prefers the majority thermal weapons sights and aiming it here last year in language and this side. He served as the full committee lights to enhance Army and Marine year in language. We had to resort to chairman, as well, at a very critical Corps night-fighting capabilities. writing a separate bill. time in our Nation’s history regarding There is service funding and direc- The Congress has established very defense matters. Throughout the 6 tion for the Navy to upgrade the effec- clear, firm schedules for the develop- years that I have been privileged to tive jamming capabilities of the EA–6B ment and deployment of theater mis- serve with Senator NUNN, he has al- also there, and a $700 million increase sile defenses in the fiscal year 1996 au- ways sought to promote the national in military construction to enhance thorization bill. The President signed

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7106 CONGRESSIONAL RECORD — SENATE June 27, 1996 the legislation and never once com- Corps’ Sea Dragon and the Army’s it has been a pleasure to work with plained about the schedule. In fact, for Force 21 initiatives, which seek to le- him on these issues. We will certainly 3 years, the Clinton administration has verage technology to change the na- miss him on the committee next year. stated that theater defense was their ture of warfare. It is the futuristic Let me close, Madam President, with No. 1 priority. We are talking theater things that we are looking at here. just some brief comments on a couple defense, not national defense. Yet in its What is war going to be like 10, 15, or of other observations. We know this is budget submittal, the administration 20 years down the road? Will we be an election year. We know that Mem- ignored the law and underfunded, I be- ready to help the soldier, sailor, ma- bers on both sides of the aisle are seek- lieve deliberately, the most important rine, air man or woman in the field? ing sometimes to gain political advan- theater missile defense programs What will it be like 20 years from now? tage by delaying, obstructing or —THAAD and the Navy upper tier. You need to have your think tanks and amending legislation that is brought Consequently, under the administra- the best minds in the services out there up on the floor. Unfortunately, this is tion plan, our troops are vulnerable to trying to get a handle on that, looking the case with this bill. This is not a hostile missile threats for as much as 4 at what that technology may be and partisan issue. The defense of America or 5 years longer than mandated into begin to fund it. The bill seeks to re- is not a partisan issue. How could one law. This is simply unacceptable. We ward, not discourage—reward—more of us with these dilatory amendments had a terrible tragedy this week in innovation, to challenge the services to and tactics look the families of those Saudi Arabia. It was terrible. It was a question traditional doctrine. Do not people in Saudi Arabia who lost their terrorist act. But that terrorist attack just do it tomorrow because we did it lives, look those families in the eye could very well have come from a mis- yesterday. Challenge the services to and say we ought to be out here debat- sile, from a theater missile, as well. We question this doctrine and to develop ing something about vitamins or some- have a lot of threats out there. It is not new strategies and tactics that lever- thing on the floor of the Senate while the cold war anymore, but we have a age the revolutionary capabilities that we are trying to pass a defense author- lot of threats. We have to be prepared technology now provides. ization bill. It is wrong. It is wrong. We to adapt to these threats. I emphasize the word ‘‘revolu- can do it. It is a misguided notion, The bill codifies the so-called dem- tionize.’’ Sometimes we get evolution- Madam President, to take these kinds onstrated capability standard for the- ary in our approach to things rather of things on the floor of the Senate ater defense as a formal U.S. compli- than revolutionary. I use the example during the Armed Forces debate, the ance policy. This action specifically of the Hubble telescope. That was a debate on the moneys we use to fund mirrors the criteria proposed by the revolutionary item because it allowed our national defense. Clinton administration in Geneva 2 us to see out into deep space things we Providing for the common defense is years ago. It is a responsible and appro- have never seen before. That was revo- a constitutional responsibility, prob- priate standard, Madam President, and lutionary. Those are the kinds of ably the most important one we have. its codification in law supports the ad- breaks with the past, breaks with the It should not be a political hot potato. ministration’s position. I am pleased to present, futuristic approaches that we It should not be a time to talk about be able to support the administration need to encourage. That is what we minimum wage or vitamins or some- on this issue. have tried to do in this committee. We thing else. That is not appropriate. As chairman of the Subcommittee on are a $9 billion budget out of a $262 bil- You can do it, and it is within the Acquisition and Technology, I want to lion budget, but we tried to make the rules, but it is not appropriate. speak just briefly on some initiatives best of what we had. The bill before us was reported out of included in the jurisdiction of my own The second priority is the increased the Armed Services Committee unani- subcommittee. Our review of the budg- use of commercial technologies by the mously, 20–0. There was no dissent. et request highlighted a continuing services. The bill provides a significant Yet, it is being delayed here on the trend within the administration of beginning for dual-use, cost-shared pro- floor. The reason I am speaking now is shortchanging investments in tech- grams in the services, as well as a por- because nobody is down here to offer nology, development, and moderniza- tion of the dual-use program in the amendments so that we can finish this tion in order to provide near-term re- budget requests. The key to inte- bill. That should indicate to my col- lief for readiness. This is simply unac- grating more commercial practices leagues the degree to which Senator ceptable. When you take dollars from into the acquisition framework is not THURMOND and members of this com- the programs of the future to put them simply to spend more money on some mittee have worked to formulate a bal- in some activity that you are con- stand-alone program, but rather to anced, responsible, and nonpartisan de- ducting today, you are going to short- make commercial practices and prod- fense bill. It is not easy. We lose some- change the troops of the future. We ucts part of the core service acquisi- times, we give in a little bit some- should be doing both. That is the truth. tion so this is routine rather than an times. We all do, and we do not like it. We should not be shortchanging the exception. There may be dual use be- We like to get our own way all of the troops in the field. We should not tween commercial and military. time, but we understand that getting a shortchange the troops in the field of Third, the bill focuses on an afford- good bill to support our men and the future. That is where the tech- ability initiative to lower cost and in- women in the armed services, with the nology and investment now in these crease the purchasing power of our lim- weapons they need, the clothing they technology programs is so important. ited defense dollars. The bill increases need, O&M funds, operations and main- Certainly today’s readiness is impor- funding for manufacturing technology tenance funds, they need—these are tant, but modernization is the key to programs of the Navy and the Air critical. long-term readiness. Force and funds a variety of initiatives Now, we are certainly sure that there If people in the 1950’s and 1960’s in the to improve the affordability of future are items in this legislation that some Pentagon had not been farsighted weapons systems. may oppose, but that is the nature of enough to come up with the weapons Madam President, since he is on the the legislative process. We ought to do that we used in the Persian Gulf, the floor, I take a moment—Senator it. If they are germane, let us have the price of oil would be a lot higher today COHEN, my colleague from Maine, re- amendments. That is the nature of the and the outcome of that war could very garding his information in the informa- constitutional separation of powers. well have been different. In order to tion technology area on last year’s ac- We have research, we discuss and de- have the weapons of the future, you quisition reform legislation, this is the bate and find common ground, and, have to invest today. kind of forward looking that the de- when necessary, we vote to resolve The acquisition and technology sec- fense community needs, and the com- issues. That is the way the Framers in- tion of the bill emphasizes three main mittee is fortunate to have benefited tended it, and that is democracy. It is concepts. First, it encourages more in- from Senator COHEN’s foresight and ac- not intended to be a polarizing bill, to novative thinking in the area of emerg- quisition reform. Although he is not draw political lines in the sand. It ing operational concepts, and, in par- chairing the subcommittee, his input should not be about gun control. Yet, ticular, the bill supports the Marine has been greatly appreciated by me and here we are talking about gun control.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7107 This leadership has decided to ad- shire, the vote to be taken at 3:30 is a ‘‘(A) the individual is convicted of such of- dress controversial issues, such as mis- motion to table the Lautenberg amend- fense committed after the date of the enact- sile defense and U.N. command and ment. Should the motion to table fail, ment of the Congressional, Presidential, and control, through separate legislation. Judicial Pension Forfeiture Act; then the Lautenberg amendment would ‘‘(B) the individual was a Member of Con- We did it deliberately, not because we be the pending business. gress (including the Vice President), a con- wanted to, but because we did not want Mr. GREGG. I simply ask unanimous gressional employee, or a Federal justice or to deny a 3-percent pay raise to our consent that I be allowed to proceed judge at the time of committing the offense; military and deny this bill. after the regular order has been com- and So the bill before us is designed to pleted on that vote. ‘‘(C) the offense is punishable by imprison- foster consensus, to promote the na- The PRESIDING OFFICER. Is there ment for more than 1 year. tional security objectives of the United objection? ‘‘(2) The offenses under this paragraph are States of America. Let us maintain a Mr. NUNN. Reserving the right to ob- as follows: ‘‘(A) An offense within the purview of— spirit of cooperation and avoid the ject, I was off the floor. ‘‘(i) section 201 of title 18 (bribery of public temptation to engage in election year Mr. President, I suggest the absence officials and witnesses); demagoguery and negativism, which of a quorum. ‘‘(ii) section 203 of title 18 (compensation everybody is sick of. The PRESIDING OFFICER. Does the to Members of Congress, officers, and others This is for the defense of the United Senator yield for that purpose? in matters affecting the Government); States of America. Kids were killed Mr. GREGG. No. ‘‘(iii) section 204 of title 18 (practice in this week defending our country. We Mr. NUNN. I object. United States Court of Federal Claims or the owe it to them to pass this bill. We The PRESIDING OFFICER. Objec- United States Court of Appeals for the Fed- eral Circuit by Members of Congress); should have passed it days ago. Let us tion is heard. AMENDMENT NO. 4364 ‘‘(iv) section 219 of title 18 (officers and em- pass it today in honor of them and stop ployees acting as agents of foreign prin- (Purpose: To amend chapter 83 of title 5, this bickering with nongermane, unes- cipals); United States Code, to provide for the for- sential items. The national security of ‘‘(v) section 286 of title 18 (conspiracy to feiture of retirement benefits in the case of this Nation is too important for this defraud the Government with respect to any Member of Congress, congressional claims); kind of stuff. employee, or Federal justice or judge, who ‘‘(vi) section 287 of title 18 (false, fictitious, I will conclude by thanking the is convicted of an offense relating to the or fraudulent claims); chairman, Senator THURMOND, who is official duties of that individual, and for ‘‘(vii) section 371 of title 18 (conspiracy to on the floor, and the ranking member, the forfeiture of the retirement allowance commit offense or to defraud the United for their service. I am proud to serve of the President for such a conviction) States; with them. I am proud to be a part of Mr. GREGG. Mr. President, I send an ‘‘(viii) section 597 of title 18 (expenditures this committee, and I will be proud to amendment to the desk and ask for its to influence voting); support and vote for this bill. immediate consideration. ‘‘(ix) section 599 of title 18 (promise of ap- Mr. THURMOND. Mr. President, I The PRESIDING OFFICER. The pointment by candidate); want to thank the able Senator from clerk will report. ‘‘(x) section 602 of title 18 (solicitation of New Hampshire for the kind words that The bill clerk read as follows: political contributions); he said about me as chairman of the The Senator from New Hampshire [Mr. ‘‘(xi) section 606 of title 18 (intimidation to Armed Services Committee. The Sen- GREGG], for himself and Mr. REID, proposes secure political contributions); ator from New Hampshire is a member an amendment numbered 4364. ‘‘(xii) section 607 of title 18 (place of solici- Mr. GREGG. Mr. President, I ask tation); of the Armed Services Committee and ‘‘(xiii) section 641 of title 18 (public money, renders a valuable service to our Na- unanimous consent that reading of the property or records); or tion. He stands for a strong defense, amendment be dispensed with. ‘‘(xiv) section 1001 of title 18 (statements or which is essential to the survival of The PRESIDING OFFICER. Without entries generally). this Nation. I just wish we had more objection, it is so ordered. ‘‘(B) Perjury committed under the statutes citizens in this Nation that feel as he The amendment is as follows: of the United States in falsely denying the does about the importance of maintain- In the appropriate place in S. 1745, insert commission of an act which constitutes an the following new section: ing a strong defense. offense within the purview of a statute I compliment him not only for his in- SEC. ll. CONGRESSIONAL, PRESIDENTIAL, AND named by subparagraph (A). JUDICIAL PENSION FORFEITURE. ‘‘(C) Subornation of perjury committed in tegrity and dedication, but his vision (a) SHORT TITLE.—This section may be connection with the false denial of another in realizing the importance of a strong cited as the ‘‘Congressional, Presidential, individual as specified by subparagraph national defense. We are very proud to and Judicial Pension Forfeiture Act’’. (B).’’. have him as a member of the Armed (b) CONVICTION OF CERTAIN OFFENSES.— (c) ABSENCE FROM THE UNITED STATES TO Services Committee. (1) IN GENERAL.—Section 8312(a) of title 5, AVOID PROSECUTION.— Mr. GREGG addressed the Chair. United States Code, is amended— (1) IN GENERAL.—Section 8313 of title 5, The PRESIDING OFFICER (Mr. (A) by striking ‘‘or’’ at the end of para- United States Code, is amended— graph (1); KEMPTHORNE). The Senator from New (A) by redesignating subsection (b) as sub- (B) by striking the period at the end of section (c); and Hampshire [Mr. GREGG]. paragraph (2) and inserting ‘‘; or’’; Mr. GREGG. Mr. President, I under- (B) by inserting after subsection (a) the (C) by adding after paragraph (2) the fol- following new subsection: stand that under the rules and under lowing new paragraph: ‘‘(b) An individual, or his survivor or bene- the unanimous consent agreement, we ‘‘(3) is convicted of an offense named by ficiary, may not be paid annuity or retired have about 10 minutes here of general subsection (d), to the extent provided by that pay on the basis of the service of the indi- debate, during which amendments can subsection.’’; vidual which is creditable toward the annu- be offered, and then there are 5 min- (D) by striking ‘‘and’’ at the end of sub- ity or retired pay, subject to the exceptions utes to be debated on the amendment paragraph (A); in section 8311 (2) and (3) of this title, if the (E) by striking the period at the end of individual— that is pending, with a vote at 3:30; is subparagraph (B) and inserting ‘‘; and’’; and ‘‘(1) is under indictment, after the date of that correct? (F) by adding after subparagraph (B) the the enactment of the Congressional, Presi- The PRESIDING OFFICER. The Sen- following new subparagraph: dential, and Judicial Pension Forfeiture Act, ator is correct. ‘‘(C) with respect to the offenses named by for an offense named by section 8312(d)(2) of Mr. GREGG. I note that the Senator subsection (d) of this section, to the period this title, but only if such offense satisfies from Maine and the Senator from Ari- after the date of the conviction.’’. section 8312(d)(1)(C) of this title; zona are here. I have an amendment (2) IDENTIFICATION OF OFFENSES.—Section ‘‘(2) willfully remains outside the United which I wish to offer. I suspect they 8312 of title 5, United States Code, is amend- States, or its territories and possessions in- have a colloquy they want to pursue. ed— cluding the Commonwealth of Puerto Rico, I ask unanimous consent that after (A) by redesignating subsection (d) as sub- for more than 1 year with knowledge of the indictment or charges, as the case may be; we return and complete the vote at section (e); and (B) by inserting after subsection (c) the fol- and 3:30, that I be allowed the floor to offer lowing new subsection: ‘‘(3) is an individual described in section my amendment. ‘‘(d)(1) The offenses under paragraph (2) are 8312(d)(1)(B).’’. The PRESIDING OFFICER. To clar- the offenses to which subsection (a) of this (2) CONFORMING AMENDMENT.—Subsection ify for the Senator from New Hamp- section applies, but only if— (c) of section 8313 of title 5, United States

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7108 CONGRESSIONAL RECORD — SENATE June 27, 1996 Code (as redesignated under paragraph century have been convicted of felo- LES. Senator NICKLES, Chairman of the (1)(A)) is amended by inserting ‘‘or (b)’’ after nies, which is obviously a serious act. Republican Policy Committee, and I ‘‘subsection (a)’’. Some of these individuals were con- have a similar job on the Democratic (d) REFUND OF CONTRIBUTIONS AND DEPOS- victed of felonies that involve a viola- side. We do our partisan things in this ITS.— Section 8316(b) of title 5, United States tion of the public trust. body. But there are certain things that Code, is amended— Under the laws of this country, in we have to express to the American (1) by striking ‘‘or’’ at the end of paragraph certain instances when the public trust public in a bipartisan fashion, and this (1); is violated, Members of Congress who is one of them. (2) by striking the period at the end of are convicted felons for doing that lose It is simply wrong for people who are paragraph (2) and inserting ‘‘; or’’; and their pensions—or at least the public convicted of felonies —especially felo- (3) by adding at the end the following new part of their pension, that which is nies related to their jobs; that is, being paragraph: supported by the taxpayers. Unfortu- Members of Congress, and then they re- ‘‘(3) if the individual was convicted of an sign and draw these hefty pensions. offense named by section 8312(d) of this title, nately, it does not apply to all actions for the period after the conviction of the vio- that involve violation of the public They are convicted of crimes and draw lation.’’. trust. these hefty pensions that are congres- (e) FORFEITURE OF PRESIDENTIAL ALLOW- For example, somebody could be con- sional pensions paid for by the tax- ANCE.—Subsection (a) of the first section of victed of bribery, of a conflict of inter- payers. And that is simply wrong. the Act entitled ‘‘An Act to provide retire- est, of defrauding or conspiring to de- So I publicly express my appreciation ment, clerical assistance, and free mailing fraud the United States, of theft or em- for the leadership of the Senator from privileges to former Presidents of the United New Hampshire on this issue and our States, and for other purposes’’, approved bezzlement of Government property, false or fraudulent statements to the friend, the majority whip. August 25, 1958 (Public Law 85–745; 72 Stat. I also want to extend my apprecia- 838; 3 U.S.C. 102 note) is amended— Government, perjury, insubordination (1) by striking ‘‘Each former President’’ in actions relative to their duties as a tion to my junior colleague, the Sen- and inserting ‘‘(1) Subject to paragraph (2), Member of Congress and, still, while ator from Nevada, who is also ex- each former President’’; and serving time for a conviction, receive tremely interested in this issue. Mr. President, you cannot reward (2) by inserting at the end the following pension benefits, which is rather ironic public officials who have engaged in new paragraph: and clearly inappropriate. ‘‘(2) The allowance payable to an indi- wrongdoing, and, I repeat, especially So this amendment simply expands vidual under paragraph (1) shall be forfeited wrongdoing connected with their jobs those areas of the present law which if— even though this legislation draws no terminates pension benefits for people ‘‘(A) the individual is convicted of an of- distinction between a felony that fense described under section 8312(d)(2) of who are convicted of crimes while serv- comes about as a result of working in title 5, United States Code, committed after ing in the Congress and when those the Congress or a wrong where you just the date of the enactment of the Congres- crimes are directly related to their sional, Presidential, and Judicial Pension do something wrong generally. service. You do not have to be a Democrat or Forfeiture Act; It means that, for example—I will use ‘‘(B) such individual committed such of- a Republican to reach this conclusion. fense during the individual’s term of office a hypothetical—a person convicted of a This is a problem that is seriously un- as President; and crime in recent times, who is receiving dermining the public’s confidence in ‘‘(C) the offense is punishable by imprison- a pension from the Federal Govern- Federal officials generally. It is my un- ment for more than 1 year.’’. ment of over $70,000, would no longer be derstanding—I see here on the floor the Mr. GREGG. Mr. President, I again able to receive that part of that pen- senior member of the appropriations propound my unanimous consent re- sion, which is basically a public tax committee and the chairman of the quest. I would be willing to proceed contribution. That person would still Governmental Operations Committee. I with this amendment after the regular receive the pension, to the extent that hope that the Senator from Alaska, if I order on the amendment, which is they contributed to it. They would get could just get his attention for a sec- going to be voted on at 3:30, is pursued, their money back, under the usual ond, would be willing to hold a hearing so that the Senator from Maine and course of law, but they would not get quickly on this issue. I think it is nec- the Senator from New Mexico could the additional benefit of having the essary that it be done no matter what proceed, with the understanding that I taxpayers support them—actually, in happens on this issue. would bring the first amendment up at many instances, while they are still in As I indicated to the body earlier, we the conclusion of that regular order. jail with these pension benefits. joined forces in May, and introduced Mr. NUNN. Mr. President, I will have This is an issue which is timely, and the Congressional, Judicial, and Presi- to object. it is important that we act on it in a dential Forfeiture Act. This legislation The PRESIDING OFFICER. Objec- timely manner. That is why I offered it will not apply only to the legislative tion is heard. The Senator from New on this bill, even though it is not di- branch of Government. It should apply Hampshire has the floor. The Senator rectly related to defense matters, al- the same to the executive branch of from New Hampshire is advised that, though it would obviously impact a de- Government and the judicial branch of under the previous agreement, at 4 fense individual who committed this Government. o’clock we are to take up the PRYOR sort of action. As a Member of this body, I sat on amendment. I would yield at this time to the Sen- impeachment committees. I have voted Mr. GREGG. At 3:25? ator from Nevada for any comments he for impeachment. I think it also should The PRESIDING OFFICER. At 3:25, might have. apply to Federal judges. We have Fed- we have the amendment by the Senator Mr. REID. I appreciate that very eral judges who are convicted of felo- from New Jersey. At 4 o’clock, we have much. nies. They should not be able to draw the amendment by the Senator from The PRESIDING OFFICER. Without their taxpayer driven pension. Arkansas. objection, the Senator from Nevada is So this legislation, the Congres- Mr. GREGG. Fine. After that, we will recognized. sional, Judicial, and Presidential For- be on my amendment. Mr. REID. Mr. President, I first of all feiture Act, should apply to all aspects I wish to proceed on my amendment. want to express my appreciation to the of Government. Our legislation now be- I understand I have 10 minutes to dis- Senator from New Hampshire for his fore this body in the form of an amend- cuss this amendment at this time. This leadership on this issue. He and I start- ment will help to restore trust in Gov- amendment is supported by myself and ed working on this matter in May of ernment. Senator REID of Nevada, and Senator this year, and it is an important issue. Mr. President, I express my apprecia- BRYAN of Nevada and Senator NICKLES It is something that I think is impor- tion to my friend for yielding, and I are also original cosponsors of this bill tant because this is an issue where we ask for the yeas and nays. as introduced. can go forward on a bipartisan basis. The PRESIDING OFFICER. Is there a This goes to the issue and the fact Joining us initially on this legisla- sufficient second? that a large number of—unfortunately, tion was the Chairman of the Repub- Mr. REID. I suggest the absence of a 34—Members of Congress over the last lican Policy Committee, Senator NICK- quorum.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7109 Mr. NUNN addressed the Chair. feiture of benefits such as this in the I have greatly appreciated the opportunity The PRESIDING OFFICER. There event of conviction. I am not disputing to meet with you, over the last few weeks, does not appear to be a sufficient sec- the fact that there could well be addi- regarding some very important National ond. tions to that. But I only ask that we be Guard issues. You have my utmost assur- Mr. REID. I suggest the absence of a ance, that I will continue to provide you allowed to know what is the impact. with the best information our department quorum. There is, I understand, a rollcall vote has to offer, regarding any matter con- The PRESIDING OFFICER. The scheduled now I am taking time on, fronting you. Your constituents and the peo- clerk will call the roll. but I would urge the gentlemen to ple of Michigan are served by the finest men The bill clerk proceeded to call the withdraw this, we hold the hearing and and women the National Guard has to offer. roll. come back to the floor at a later time Sincerely, Mr. NUNN. Mr. President, I ask in this Congress. E. GORDON STUMP, unanimous consent that the order for Mr. REID. Will the Senator yield? Maj Gen, MI ANG, the quorum call be rescinded. Mr. STEVENS. If I am able to, I will. The Adjutant General. Mr. REID. I object. Mr. GREGG. Will the Senator yield The PRESIDING OFFICER. Objec- for a question? DEPARTMENT OF Mr. STEVENS. I just said I would MILITARY AFFAIRS, tion is heard. Lansing, MI, May 1, 1995. The clerk will continue calling the yield to the Senator from Nevada. Memorandum for MG Gordon E. Stump, The roll. Mr. REID. I say to the distinguished Adjutant General. The bill clerk continued with the call Senator from Alaska, I serve on the Subject: Michigan Militia. of the roll. Appropriations Committee. The Sen- 1. On 30 March, Camp Grayling received a Mr. LAUTENBERG. Mr. President, I ator is chairman of the Governmental phone call from Mr. Andy Keller. He stated ask unanimous consent that the Operations Committee. I think it is ap- he was the unit leader of a Department of quorum call—— propriate that we have some hearings Defense, Director of Civilian Marksmanship Mr. REID. I object. or his staff does some detailed study of Unit No. 56132 from Caro, Michigan. Mr. Kel- The PRESIDING OFFICER. There is this before we go forward. So I take the ler indicated Camp Grayling had been des- ignated as their home range and, as such, objection. Senator’s word as his bond, as everyone was responsible for providing their ammuni- The bill clerk continued with the call does here, and on behalf of Senator tion and targets. He also indicated they had of the roll. JUDD GREGG I would be happy to with- previously used Camp Perry, Ohio. A mem- Mr. STEVENS. Mr. President, I ask draw the amendment, in fact, if the ber of the Camp Grayling staff contacted the unanimous consent that the order for Senator from New Hampshire is willing DCM Office in Washington D.C. at DSN 285– the quorum call be rescinded. to do so. 0810 on or about 3 April 1995. It was verified The PRESIDING OFFICER. Is there Mr. STEVENS. Does the Senator that DCN Unit 56132 was a Unit sanctioned objection? Without objection, it is so from New Hampshire wish me to yield? by the DCM. Based upon this verification and a written request from Mr. Keller, the ordered. Mr. GREGG. It is my understanding the Senator hopes to proceed with Unit was scheduled for range firing on 29–30 AMENDMENT NO. 4364, WITHDRAWN April. Mr. STEVENS. Mr. President, I have these hearings as soon as possible? 2. On Friday, 28 April at approximately conferred with the sponsors of this Mr. STEVENS. I will find some time 1830 hours, Mr. Keller arrived at Camp bill—it is a bill, a separate bill—that in July, if we need to hold the hearing Grayling in civilian clothing and checked has been referred to the Governmental on Saturday, Mr. President. into Camp Grayling Range Operations. On Affairs Committee. It is a matter on Mr. GREGG. I thank the Senator for Saturday morning at 0730 hours, the group his courtesy and ask the amendment be was provided the Camp Grayling Range Safe- which we are seeking the advice of ty briefing, a range flag and radio. They had many people in this country as to how withdrawn. Mr. REID. I withdraw the request for been assigned Range 8, an automatic pop-up it would affect the pension systems not the yeas and nays on the amendment. target range for high powered rifles. The only of our governmental employees The PRESIDING OFFICER. The Sen- group occupied this range at 1011 hours. but also of those in the private sector. ator may withdraw his amendment. 3. The undersigned and Captain Leask, a As I have said to the two Senators, Camp Grayling Range Officer, visited the The yeas and nays have not been or- range at approximately 1025 hours. Eleven whatever we do in this area has gen- dered. erally been followed in the private sec- personnel were on the range. All personnel The amendment (No. 4364) was with- had military BDU uniforms on and all had tor after we have taken a new course drawn. military rank insignia on both collars of the with regard to pensions. AMENDMENT NO. 4218 uniform shirt. The ranks ranged from O–6 to I have committed to the Senators, I The PRESIDING OFFICER. Under O–2. Mr. Keller was wearing the rank of O–5. am pleased to say, Senator GREGG, who the previous order, the Senate will now All members also had an Identification Card is the principal sponsor, and Senator continue the consideration of the attached to their right breast pocket. This card indicated Department of Defense affili- REID, cosponsor of the bill, that we will amendment offered by the Senator have a hearing and we will get the ation. A copy of both sides of this Identifica- from New Jersey for a period of 5 min- tion Card is attached as Enclosure 1. opinions of these people as quickly as utes. possible. If we can get to the place 4. Several personnel had a tape above the Mr. SMITH. Mr. President, I ask left breast pocket in place of the ‘‘U.S. where we can reach a conclusion in unanimous consent that a letter from Army’’ tag that read ‘‘SMRM’’ for Southern time to consider it at the time the leg- the adjutant general of Michigan and a Michigan Regional Militia. Several members islative appropriations bill comes up, I memorandum from the Camp Grayling also had an insignia on their left shoulder will be pleased to assist in that regard. Training Site Manager, Lt. Col. Gary that read ‘‘Civilian Militia’’. All other per- But I do think we have to have time to J. McConnell, be printed in the sonnel had velcro attached above both breast see how this is going to affect those pockets and on the left shoulder, which RECORD. would allow for the attachment of name tags people who rely on the pension sys- There being no objection, the mate- tems. I am thinking of widows and and shoulder insignia. rial was ordered to be printed in the 5. As the undersigned and Captain Leask spouses of those who might be incar- RECORD, as follows: walked up to the firing line, Mr. Keller ap- cerated and how it is going to happen DEPARTMENT OF MILITARY AFFAIRS, proached. He was advised that there were that we follow this process and what Lansing, MI, April 25, 1995. two problems and that he would not be al- happens to the economy if they do not Hon. VIRGIL C. SMITH, lowed to go ‘‘hot’’ on the range. have the money they have earned in Detroit, MI. a. Members of his organization had uni- the past through the retirement sys- DEAR SENATOR SMITH: Following our con- forms on that indicated membership in the tems. versation this morning, please be assured the Michigan Militia. He was advised that under So I commit that we will hold that Michigan National Guard has not and will no circumstances would identified members hearing as quickly as possible when we not authorize members of paramilitary orga- of the Michigan Militia be allowed to train nizations to train at Camp Grayling, or any at Camp Grayling. come back and work with them. I do other military training site in Michigan. b. The wearing of officer insignia on the applaud what they are doing. I do not Claims made by members of any organiza- military uniform. All eleven personnel wore disagree. There are provisions already tion to the contrary are grievously misrepre- officer insignia, and as such by doing so were in Federal law that authorize the for- senting themselves. giving the impression of being a Federally

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7110 CONGRESSIONAL RECORD — SENATE June 27, 1996 recognized commissioned officer. When I gram as a private nonprofit. I think it The legislative clerk called the roll. asked Mr. Keller how he obtained the rank of ought to be allowed to move forward in The result was announced, yeas 71, O–5, he replied, ‘‘he was elected to this that direction. nays 29, as follows: rank’’. The PRESIDING OFFICER. Who 6. Mr. Keller was again advised they would [Rollcall Vote No. 178 Leg.] not be allowed to use the range and to return yields time? YEAS—71 Mr. LAUTENBERG addressed the the range flag and radio to Operations. Mr. Abraham Frahm Lugar Keller stated he would file a protest with the Chair. Ashcroft Frist Mack Department of Defense, Director of Civilian The PRESIDING OFFICER. The Sen- Baucus Glenn McCain Marksmanship, and he was advised by me ator from New Jersey. Bennett Gorton McConnell that he should go ahead and do so. All mem- Mr. LAUTENBERG. Mr. President, I Biden Gramm Murkowski Bingaman Grams Nickles bers of this DCM Unit cooperated and pleas- will try to be brief. I hear references Bond Grassley antly left the range and turned in range Nunn here to the fact that this organization Breaux Gregg Pressler equipment. will be self-sustaining. That is wonder- Brown Hatch Robb GARY J. MCCONNELL, Burns Heflin ful. Just give them $76 million worth of Rockefeller Campbell Helms LTC, EN, MI ARNG, Roth goods to start with and then from then Coats Hollings Training Site Manager. Santorum on we are self-sustaining. It is tax- Cochran Hutchison Shelby Mr. LAUTENBERG addressed the payers’ money. That is what we are Cohen Inhofe Chair. Coverdell Inouye Simpson giving away. Smith The PRESIDING OFFICER. The Sen- Craig Jeffords The Army says it has this kind of D’Amato Johnston Snowe ator from New Jersey is recognized. value. The value has been disputed, the Daschle Kassebaum Specter Mr. LAUTENBERG. While not stipu- Stevens value being $76 million, which is con- DeWine Kempthorne lated, I would certainly agree to divid- Domenici Kerrey Thomas servative because as we have heard ing the 5 minutes that we have as close Dorgan Kyl Thompson from the Senator from California and Exon Leahy Thurmond to evenly as possible if the Senator my personal investigation. I called a Faircloth Lieberman Warner from Idaho wanted to say a few words, Ford Lott Wellstone gun dealer that I know in Colorado. It if the Chair would watch the clock. may surprise some around here to NAYS—29 Mr. CRAIG addressed the Chair. know that I know a gun dealer, but I do Akaka Feinstein Moseley-Braun The PRESIDING OFFICER. The Sen- Boxer Graham Moynihan ator from Idaho. not buy guns from him. He confirmed that an M–1 can be anywhere from $400 Bradley Harkin Murray Mr. CRAIG. With that agreement, I Bryan Hatfield Pell ask that I be allowed to proceed no to $500, and so when we multiply that Bumpers Kennedy Pryor by 176,000 weapons, we know pretty Byrd Kerry Reid longer than 21⁄2 minutes on the issue of well what kind of value we have. Chafee Kohl Sarbanes the amendment of the Senator from Conrad Lautenberg Simon Very simply, Mr. President, this is Dodd Levin New Jersey. Wyden The PRESIDING OFFICER. Without not a gun control measure. If people Feingold Mikulski objection, it is so ordered. choose to have target practice, learn The motion to lay on the table the Mr. CRAIG. Mr. President, the Sen- how to use rifles, practice gun safety, amendment (No. 4218) was agreed to. ator from New Jersey by his amend- that is fine with me. Let them pay for Mr. COHEN. Mr. President, I move to ment is attempting to block or wipe it. When we send teams to the Olym- reconsider the vote and to lay that mo- out an action that this Senate took in pics or we encourage sports, we do not tion on the table. 1996 in the Defense authorization bill pay for ping-pong paddles or ping-pong The motion to lay on the table was to create the Corporation for the Pro- balls or tennis rackets or tennis balls agreed to. motion of Rifle Practice and Firearms or baseball bats or mitts. The PRESIDING OFFICER (Mr. That is not the Government’s respon- Safety, and in doing so to privatize the THOMPSON). Under the previous order, Civilian Marksmanship Program. sibility. This is something that ought the Senator from Maine, Senator As a result, the Corporation for the to be discontinued. These weapons COHEN, is recognized for 8 minutes. should be destroyed. They ought not to Promotion of Rifle Practice and Fire- f arms Safety was created. This is a pri- be out in the population. I hope that BOB DOLE AND AMERICAN vate, nonprofit, self-sustaining entity. we will have support for our amend- LEADERSHIP IN THE WORLD It will have a board of directors ap- ment. pointed by the Secretary of the Army. The PRESIDING OFFICER. The Sen- Mr. COHEN. Mr. President, early this The corporation will be allowed to ator from Idaho. week Senator Dole delivered an impor- Mr. CRAIG. Mr. President, I move to raise money, just like any other not- tant speech to the Philadelphia World table. Affairs Council in which he addressed for-profit association. Mr. President, I ask for the yeas and Of course, the intent of this organiza- the need for leadership in the 21st cen- nays. tury. tion is to instruct marksmanship, con- The PRESIDING OFFICER. Is there a Senator MCCAIN and I were privileged duct national matches and competi- sufficient second? tion, to award trophies, prizes, badges There is a sufficient second. to have witnessed Senator Dole’s first and insignias, and to promote the sale The yeas and nays were ordered. speech on foreign policy dealing with of firearms, ammunition, and equip- Mr. NUNN. Will the Senator withhold our relations with our Asian allies and ment. for a unanimous-consent request before friends. But in Philadelphia, Senator Under this new action, in addition, we start? Dole called attention to our relation- the corporation would be permitted to Mr. President, since Senators COHEN ship with Europe, an area which, of sell an existing 373,000 rifles and use and MCCAIN have been trying to get course, by his previous service in World money to fund the Civilian Marksman- recognized and I had to interpose an War II, he is infinitely familiar with. ship Program. objection before they were recognized, He talked about the need to call our at- The Senator from New Jersey has for I ask unanimous consent that at the tention back to leadership. a good number of years tried to dis- conclusion of this vote, the 4 o’clock He said our success has not been the continue this program. The Senate order be delayed by 8 minutes, with the result of luck, but of leadership. I clearly recognized the value of it and Senator from Maine having control of think he was absolutely correct in in so doing recognized that it probably that 8 minutes for the purpose of mak- pointing out that communism and the ought not subsidize it anymore and ing a statement. Berlin Wall did not fall. They were de- allow it to be privatized so that it The PRESIDING OFFICER. Without molished by a clear vision and con- could continue in that nature. objection, it is so ordered. sistent leadership. I hope that the Senate would reject The question is on agreeing to the I recall, Mr. President, that once the amendment of the Senator from motion to lay on the table the amend- when Mikhail Gorbachev came to the New Jersey and vote to table this ac- ment. United States, he made a statement, I tion. We are now in the midst of orga- The yeas and nays have been ordered. believe out in San Francisco, and he nizing this Civilian Marksmanship Pro- The clerk will call the roll. said: ‘‘The cold war is over. Let’s not

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7111 debate or argue about who won the quiet corners of Europe where America left It is time for a restoration of American war.’’ That prompted a prominent col- to rest so many thousands of her sons and leadership based on the democratic values umnist to observe that would be the daughters. Buried with them was any belief that are shared by our allies—and increas- that America could prosper undisturbed by ingly by other nations as well. equivalent of having Max Schmeling Europe’s recurrent calamities. We accepted For fifty years, American statesmen from knocked out by Joe Louis and getting then and recognize now that our security and both parties—Democratic and Republican— up from the canvas and saying, ‘‘This Europe’s are joined, and that our alliance of- have understood that the security of Europe fight is over. Let’s not argue about who fers the best hope for resisting any threat to is vital to the security of the United States. won the fight.’’ It was worth arguing the peace in Europe and to the civilization For fifty years, Americans have under- about who won the fight because of the we share. stood that aggression and conflict in Europe could lead to the domination of Europe by a demands placed upon the American In this city, this cradle of democracy, just steps from the Liberty Bell, stands the house hostile power, and that if all the power in people and their agreement to measure of Thaddeus Kosciuszko, the 18th-Century Europe were in hostile hands, the United up to those demands itself. Polish patriot whose love of liberty brought States would be directly threatened. Senator Dole touched on many as- him to Philadelphia as one of the first for- For fifty years, Americans have under- pects in his speech. I am going to ask eign volunteers in our struggle for independ- stood that the economic strength and grow- unanimous consent that the full state- ence. Kosciuszko understood that a love of ing prosperity of Western Europe were crit- liberty unites citizens from across the world. ical for our own economic success. ment be included in the Record. But he For fifty years, Americans have under- noted, for example, that when the We have an interest in helping Poland con- solidate its hard-won freedom today, just as stood that Germany’s full integration into United States was focused almost ex- a son of Poland once supported ours. the security structures of the West solved a clusively on Mikhail Gorbachev, he was America’s interests in Europe are as com- hundred-year-old problem that had made the one who reached out to Boris Yeltsin, pelling and as urgent as they were before the 20th Century one of the most violent in re- who at that time was being shunned by Berlin Wall was breached by the stronger corded human history. virtually everybody. He realized before forces of human yearning. Yet President These are America’s interests in Europe. Clinton has persistently deferred to our al- They are just as compelling and urgent Gorbachev’s star was eclipsed that oth- today as they have ever been. ers had to follow. Others recognized his lies and to the Russians, subordinating American interests to the interests of a dubi- Nothing better illustrates President Clin- demise later. So Bob Dole was in the ous or ineffective consensus. That’s not lead- ton’s failure of leadership than his uncertain forefront of not just focusing on one in- ership. And that has harmed the interests of and vacillating policies toward Bosnia. dividual, but focusing on our relation- all of us—Russian, Europe, and American After three years of opposing Congres- ship with the country. alike. sional efforts to enable Bosnia to defend What is urgently needed is a restoration of itself—arguing that lifting the arms embargo Mr. President, instead, we seem to would involve America in a Balkan quag- have pursued a grand bet instead of a American leadership in Europe—leadership that understands the purpose and promise of mire—President Clinton committed Amer- grand bargain. We are betting once America’s role in Europe. Let us begin by re- ican military forces on the ground in Bosnia. again on an individual. We had stuck affirming that Europe’s security is indispen- Although I believe this commitment would with Mikhail Gorbachev even as sable to the security of the United States, not have been necessary if we had done what Yeltsin was coming up to the forefront. and that American leadership is absolutely I recommended from the start. I made the Now we have shifted to a fascination indispensable to the security of Europe. The decision to support our troops. It was not Cold War’s successful conclusion has not al- popular, but I learned a long time ago that with Boris Yeltsin, who once mounted young Americans risking their lives should a tank in the streets of Moscow, who is tered this fundamental premise of our en- gagement in Europe. never doubt the support of this government now mounting tank assaults in the Let me be absolutely clear. With the end of and the American people. streets of the cities of Chechnya, kill- the Cold War, we should be building firm After haphazardly getting America into ing thousands of innocent citizens, foundations for a century of peace, fulfilling Bosnia, President Clinton now has no idea going from fighting a coup in the the promise of a new future for Europe. In- how to get Americans out or how to accom- Kremlin to fomenting coups in the stead, Bill Clinton’s policy of indecision, plish the mission they went to fulfill. Presi- vacillation and weakness is making the dent Clinton promised to lift the arms em- independent republics of the Caucasus. bargo, and then changed his mind. He al- Mr. President, we need to make very world a more dangerous place. And we are missing an opportunity that may never come lowed NATO to act as a subcontractor to the clear, in terms of our relationship with again. whims of the United Nations bureaucrats Russia, that we intend to maintain As president I will restore decisiveness and and Secretary General Boutros Boutros- help, maintain the independence of purpose to America’s foreign policy. Ghali. He refused to allow the Bosnian peo- countries in Europe, the Caucasus and Today’s great tragedy is that this adminis- ple the fundamental right to defend them- Central Asia, some of whom will be- tration is squandering the inheritance that selves, and instead gave a green light for the come as important to the United America—through 45 years of struggle and terrorists of Tehran to establish a beachhead sacrifce—won for free peoples everywhere in Europe. And, at long last, under Congres- States as the gulf states have been over when we won the Cold War. sional pressure, he committed the United the years, and whose states we fought a This victory for freedom in the Cold War States to the arming and training of Bos- war to preserve that independence. was achieved through leadership—leadership nia—‘‘I give you my word’’; he wrote. Yet six We need to make clear, as Senator that understood the vital importance of months after the Dayton Accords, not a sin- Dole did in his speech, ‘‘that Russian America’s power and America’s example to gle bullet has been delivered, and Bosnia re- economic blackmail and military med- the world. mains outgunned. Bill Clinton and his advisors didn’t under- dling in their former empire will carry American Presidents from Truman to stand that then. They don’t understand it Reagan proclaimed doctrines that affirm the costs in terms of relations with the now. It’s time we had an administration that right of self-defense against aggression. Yet United States.’’ did. I intend to give America that adminis- President Clinton still will not do what he Mr. President, I have a number of tration. has promised since 1994; give the Bosnian other points I would like to make. I The need for change could not be more ur- people the right to defend themselves. Does ask unanimous consent that the text of gent. the ‘‘Clinton Doctrine’’ provide for the right Senator Dole’s address to the Philadel- In an era of tectonic shifts in world affairs, of self-defense only if it is done covertly by we must not continue to entrust American phia World Affairs Council be printed sworn enemies of the United States? leadership to would-be statesmen still suf- Unless we vigorously move to train and in the RECORD. fering from a post-Vietnam syndrome. This equip the Bosnians, the U.S. and NATO will There being no objection, the mate- historic moment will not wait upon Adminis- face a ‘‘stay or fail’’ dilemma in Bosnia; ei- rial was ordered to be printed in the tration officials who believe that our Cold ther pull out and ignore the resulting dis- RECORD, as follows: War mission was mistaken—not principled aster, or become involved in an open-ended [Remarks prepared for delivery by Bob Dole, and noble—and who are still suffering from commitment with no clear purpose, no Republican candidate for President of the the illusion that communism merely fell in- achievable mission, and no realistic exit United States, Philadelphia World Affairs stead of being pushed. strategy. It is time to take our foreign policy out of Council, June 25, 1996] Today, the credibility of NATO is on the the hands of an administration engaged in line in Bosnia and, once again, American LEADERSHIP FOR A NEW CENTURY the dreamy pursuit of an international leadership is lacking. America came of age in the middle of this order, that cherishes romantic illusions Today, the Bosnian people do not have century, when the interests and ideals of about the soul of a former adversey—an ad- freedom of movement, but war criminals do. Western democracies faced their greatest ministration that doubts American power, Today, reports about widespread violations moment of peril. Our rite of passage is questions American purpose, and cannot ful- of the Dayton Accords are suppressed by marked by neat rows of white crosses in fill American promise. order of the Clinton Administration.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7112 CONGRESSIONAL RECORD — SENATE June 27, 1996 Today, despite the fact that conditions for counter-proliferation measures. In doing so, While the threat of immediate nuclear hol- free and fair elections quite plainly do not I will deal with the Russia that exists ocaust has receded, the risk of accidental exist in most of Bosnia, the Clinton Adminis- today—not the Russia we all hope to see. launch has increased. This makes missile de- tration continues to push for them anyway. Let’s look at the reality. fense more feasible and more necessary. Yet The whole world knows the Clinton Adminis- Russian hard-line security services have President Clinton is unwilling to have the tration has its eye more on American elec- regained much of their previous power. The United States defend itself against even a tions in November than Bosnian elections in communist-controlled Duma voted in March single incoming nuclear missile. September. to annul the treaty that formally dissolved At the same time, President Clinton has Let me turn now to Russia. the Soviet Union. Too often, the privatiza- been silent about Russian violations of arms President Clinton’s misguided roman- tion of state-owned enterprises has served to control treaties such as START I and the Bi- ticism towards Russia has led him and his enrich pervasive organized criminal net- ological Weapons Convention. He has ignored advisors to try to fine-tune the intrigues of works. The Jewish Agency, laboring might- the Russian decision to abandon the Bilat- Russian domestic politics instead of guard- ily to aid emigration from Russia, has been eral Destruction Accord on chemical weap- ing against the nationalist turn in Russian shut down, and ominous signs of anti-Semi- ons. He rewarded Russian violations of the foreign policy that has already occurred. tism are reappearing. conventional Armed Forces in Europe Treaty Post-Soviet Russia has proved all too willing Since December 1994, the world has wit- by giving Russia a better deal. to repeat old patterns, challenging the inter- nessed the specter of a Russian democrat, As President, I will not renegotiate arms ests of America and the West. And many of Yeltsin, permitting the bombing of cities in control agreements to indulge Russian ambi- those challenges were excused, ignored and Chechnya to appease Russian nationalists. tions in the Baltics, the Caucasus or any- even encouraged by the Clinton Administra- More than 30,000 people have been killed, the where else. tion. vast majority innocent bystanders. Yet, As President, I will link Russian adherence Just over a week ago, President Yeltsin President Clinton’s misguided romanticism to existing arms control treaties to the pro- narrowly won the initial round of Russia’s led him to compare Russian brutality in vision of U.S. assistance. first direct presidential elections. The sec- Chechnya to the American Civil War. This is I will end the misguided efforts to include ond round has been scheduled for July 3rd. a comparison as naive about history as it is theater missile defenses under the ABM trea- President Yeltsin appears to be ahead. Presi- offensive both to the memory of Abraham ty—no more ‘‘dumbing down’’ our missile de- dent Yeltsin has had a central role in the de- Lincoln and the brave people in Russia who fenses and dulling our technological edge. mise of the Soviet Union. He has earned his have called for an end to the bloodshed. The Clinton Administration views the ABM place in Russian history. I remember going By remaining passive in the face of these treaty as the cornerstone of its arms control out to meet him at Andrews Air Force Base and other troubling developments, President policy. I view it as an historical relic that near Washington in June of 1991. I was vir- Clinton has given a green light to the most does not reflect the new realities of pro- tually alone at the time, but I was convinced dangerous tendencies in the New Russia. I liferation, and seeks instead to preserve the that his contributions and his potential to will not let illusions about the Russia we Cold War balance of nuclear terror. change his country should be recognized. The hope to see prevent me from seeing clearly Russia also faces a growing threat from next year, he and I took a memorable trip to the Russia that truly exists. missile proliferation. As President, I will en- my home state of Kansas. Forces in Russia have waged a campaign of gage the Russians in a direct discussion Boris Yeltsin has changed Russia—its subversion, intimidation and economic about the mutual benefits of missile defense neighbors are independent, its economy is blackmail against other independent states and urge them to cooperate with us on this open, and its people are free. President of the former Soviet Union—from the Baltics critical issue. Yeltsin has taken positive steps since the and Ukraine to the Caucasus and Central But one thing will be certain in my admin- first round of elections, such as dismissal of Asia. In 1994, the stirrings of Russia’s neo- istration: the American people will no longer hard-line advisors. I hope he wins next imperial policy were excused by President be left vulnerable to ballistic missile attack. month’s elections. I hope the Russian people Clinton in this astonishing statement: When I am President, we will deploy an ef- decisively reject their communist past. But ‘‘There will be times when you are involved, fective national missile defense. We can af- whatever happens, America has interests and you will be more likely to be invoked in ford it. We can do it. We should begin now. that must be protected and values that some of these areas near you, just like the We must also understand that the linchpin should be promoted. United States has been involved in the last of U.S. and European security is NATO. But I am not here to engage in a debate over several years in Panama and Grenada near as the world has changed, so, too, must ‘‘Who lost Russia.’’ Russia was never ours to our area.’’ NATO change. As former Prime Minister lose. Russia is a great and powerful nation Now, President Clinton may not know the Margaret Thatcher recently said, ‘‘Our ener- with a proud people and a vibrant culture. difference between the liberation of Grenada gies must be directed toward strengthening Its future is for the Russian people to decide. from communist thugs and Russian intimi- NATO, which is as important in the post- But I am here to ask ‘‘Who looks out for dation of Georgia or the Baltic states, but I Cold War world as in the circumstances of its American interests in Central and Eastern do. creation.’’ And while our allies can and Europe today?’’ And if we answer that ques- I will make clear the U.S. interest and de- should take a greater share of the burden, we tion properly, we can avoid debates tomor- sire to maintain the independence of coun- should not nurture the illusion that this is a row over ‘‘Who lost Ukraine?’’ or ‘‘Who lost tries in Europe—from the Baltic Sea to the substitute for American leadership. the Baltics?’’ Black Sea—and in the Caucasus and Central We have the opportunity to forge a new Make no mistake: I want the Russian peo- Asia. consensus in support of a common defense ple to succeed in their quest for enduring lib- I will make clear that Russian economic that includes Central and Eastern Europe. erty and democracy. blackmail or military meddling in their Fifty years ago, in Fulton, Missouri, Win- I have a vision of: a free and prosperous former empire will carry costs in relations ston Churchill spoke his famous line: ‘‘From Russia living at peace with its neighbors; a with the United States. Anything less sends Stettin in the Baltic to Trieste in the Adri- new democratic Russia entering the G–7 a signal that the collapse of the Soviet atic, an iron curtain has descended across after its reforms have been consolidated; a Union in 1991 is reversible and that the hard- the Continent.’’ Today, the iron curtain has Russia with a special relationship with an fought freedom of formerly Captive Nations been raised, but a security vacuum remains enlarged NATO; a Russia willing to respect is not our concern. in Europe—from the coast of a democratic the independence and sovereignty of all its Russian officials have conducted a cam- Poland to the shores of a free Slovenia. neighbors; a Russia able to harness the en- paign of threats against NATO expansion, As the nations of Central and Eastern Eu- ergy of its people and the resources of its and President Clinton got the message. He rope stretch out their hand to the West, as territory to realize the promise of its future. deferred and delayed—placing the threats of they offer to stake the lives of their people But we should have no illusions about Rus- Russian nationalists before the aspirations in the common defense of our democracies, sia’s journey: it will be long, it will be dif- of democrats in countries like Poland, Hun- the Clinton Administration proudly pro- ficult and it will be uncertain. gary and the Czech Republic. It is an outrage claims their policy is ‘‘slow but deliberate.’’ As president, my foreign policy will strive that the patriots who threw off the chains of Seven years after the collapse of com- to consolidate our Cold War victory in Eu- Soviet bondage are told that they must wait. munism, it is clear President Clinton’s pol- rope. I will replace President Clinton’s mis- I will stand firmly with the champions of icy is deliberately slow. If the Clinton Ad- guided romanticism with leadership for a democracy. I will not grant Russia a veto ministration’s confused and timid approach new century—a century that can realize the over NATO enlargement. The Russians had been followed in 1990, we would still be peaceful promise of a new Europe . . . leader- should be told that NATO is a defensive alli- studying German unification today. ship that will avoid the mistakes that led to ance. It is not now and has never been the The enlargement of NATO will strengthen so much bloodshed in the century we are now NATO of old Soviet propaganda. Stable and security, freedom and peace in Europe. It leaving behind. secure democracies in Central Europe will be will secure the gains of democracy in Central My policy will reinforce the independence good for America, good for Europe, and, yes, Europe. It will stabilize the security of Eu- of all the states of the former Soviet Union, good for Russia. rope in which Russia also has a stake. It will will support the new democracies of Europe, My policy toward Russia will employ effec- ensure that security concerns in Eastern Eu- will lead to the enlargement of the North At- tive measures to defend against weapons of rope are addressed through NATO. It will lantic alliance, and will advance effective mass destruction and ballistic missiles. demonstrate to post-Soviet Russia that the

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7113 freedom that Eastern and Central Europe that will strengthen NATO and lead to last or opens up a new era of peace, gained in 1989 is permanent. And it will be an its enlargement. freedom, and security. unmistakable safeguard against a reversal of A policy that will deal with Russia as Mr. President, I want to again con- democratic trends in Russia. it exists today, so that we can effec- Poland, Hungary and the Czech Republic gratulate Senator DOLE on an out- should be offered full NATO membership tively use what leverage we have to en- standing speech. I commend it to all of today. Many other nations from Slovenia to courage Russia to become the country my colleagues and the American peo- the Baltics rightly aspire to this goal. And we hope it will be—free, prosperous, re- ple. I yield the floor. Ukraine, despite the great pressures of its spectful of and cooperative with its geography, remains a willing, dedicated, and neighbors. f welcome participant in cooperative activi- But not a policy that is based on the ties with NATO. As I said, NATO enlarge- illusion that Russia already has ment is a process that should begin with Po- NATIONAL DEFENSE AUTHORIZA- reached this stage of development. TION ACT FOR FISCAL YEAR 1997 land, Hungary, and the Czech Republic—but Mr. President, there are many impor- it should not end there. The Senate continued with consider- When I am elected President, I will urge tant elements to Senator Dole’s NATO to begin accession talks with Poland, speech, and I urge all Senators to take ation of the bill. Hungary, and the Czech Republic, and to set the time to read it. The PRESIDING OFFICER. The Sen- the goal of welcoming new NATO members Mr. President, I now yield my re- ator from Arkansas is recognized. at a summit in Prague in 1998—the 60th anni- maining 4 minutes to the Senator from AMENDMENT NO. 4365 versary of the betrayal of Munich, the 50th Arizona. anniversary of the communist takeover of (Purpose: To provide equitable relief for the The PRESIDING OFFICER. Without generic drug industry) Czechoslovakia, and the 30th anniversary of objection, it is so ordered. the Soviet invasion. There could be no more Mr. MCCAIN. Mr. President, I want Mr. PRYOR. Mr. President, I thank appropriate year or appropriate place to de- the Chair for recognizing me. For the clare that Central Europe has become a per- to join my friend and colleague from manent part of the Atlantic community. Maine in congratulating Senator Dole benefit of our colleagues, Mr. Presi- I will actively promote cooperative efforts on his second very important foreign dent, let me state what has gone on in NATO to develop and deploy Europe-wide policy/national security speech, this today and what I think will go on for missile defenses to protect against missile time concerning our relations with Eu- the next hour to hour and a half. attack by rogue states poised on NATO’s rope. I believe that he is establishing a Mr. President, first, I am going to be southern flank. I will support the integration of Central conceptual framework with a clear vi- sending an amendment to the desk in and Eastern European militaries into the sion and clear idea as to what we want the first degree. Immediately following NATO defense structure, using the Defense the world to look like in the next cen- that introduction, the Senator from Export Loan Guarantee program—ignored by tury and a clearer definition of those Utah will offer his amendment in the President Clinton. threats as they are today and as we en- second degree to my first-degree I fully recognize the importance of friendly vision them in the future. amendment. We will debate these relations with Russia. Lest we forget, in 1993 Although the speech was about Eu- issues and vote on the Hatch amend- during a summit in Warsaw, President Boris rope, I think it is important, although Yeltsin and then-President Lech Walesa ment some 45 minutes later. After that issued a joint declaration affirming that Po- tragic, to note that an act of terror was vote, it will be very possible that I will land’s desire to join NATO did ‘‘not run committed just about the same time offer the same amendment as my counter to the interests of any state, includ- this speech was given, which is a com- amendment in the first degree, which ing Russia.’’ But, as Bill Clinton dragged his pelling statement as to how fragile de- we will debate for 45 minutes and then feet, extremist elements in Russia began to mocracy is throughout the world and vote. set the agenda in Moscow again. We should how easily acts of terror can be com- I know this is somewhat of a Byzan- not be surprised that hesitation and vacilla- mitted which take the lives of Amer- tion fueled those who thought threats would tine situation, Mr. President, but I deter us. ican citizens. have been attempting since December 7 As President, I will not grant Russia a veto Mr. President, one of the major parts to have an up-or-down vote in this over NATO enlargement but I will offer Rus- of the Dole speech given in Philadel- Chamber on my amendment. It appears sia serious dialogue on long term relations phia was the subject of NATO. In it he I am not going to get a clear up-or- with NATO. NATO is a defensive organiza- says: down vote, but this is as near as pos- tion by its very nature, and its interests col- We must understand the linchpin of U.S. sible. lide with Russia only where Russia intrudes and European security is NATO. But as the Mr. President, with that explanation, upon sovereign nations. A non-expansionist world has changed, so, too, must NATO Russia is not threatened by an enlarged change. As former Prime Minister Margaret hoping our colleagues understand the NATO. Thatcher recently said, ‘‘Our energies must nature of this issue and the procedure The hope of the world still rests, as it has be directed towards strengthening NATO, that we will be following, I send my throughout this century, on American lead- which is as important in the post-Cold War amendment in the first degree to the ership. There is no escaping the fact that world as in the circumstances of its cre- desk and ask for its immediate consid- only America can lead—others cannot, or ation.’’ And while our allies can and should will not, or should not. How firmly we grasp eration. take a greater share of the burden, we should The PRESIDING OFFICER. The the remarkable opportunities before us in not nurture the illusion that this is a sub- Europe will determine whether the next cen- stitute for American leadership. clerk will report. tury repeats the violence and tragedy of the The legislative clerk read as follows: last or opens up a new era of peace, freedom, American leadership is what the Dole and security. speech was all about, Mr. President, The Senator from Arkansas [Mr. PRYOR], The promise of the future has never been American leadership in a world that is for himself, Mr. CHAFEE, Mr. BROWN, Mr. greater. With strong, decisive American fraught with danger, that has become BRYAN, Mr. DORGAN, Mr. LEAHY, and Mr. leadership, we can make that promise a re- BYRD, proposes an amendment numbered much less dangerous, but a much less 4365. ality for ourselves and the generations to predictable one. This speech that is ar- come. ticulated by Senator Dole is a clear vi- Mr. PRYOR. Mr. President, I ask Thank you and God bless America. unanimous consent that reading of the Mr. COHEN. Mr. President, we need sion and a clear call and challenge to the American people to again recognize amendment be dispensed with. to make it clear, that we will not ig- The PRESIDING OFFICER. Without nore continued Russian violations of that we cannot discard the mantle of leadership which was handed down to objection, it is so ordered. biological, chemical and conventional The amendment is as follows: arms control agreements. us early in this century. Finally, Mr. President, Senator Dole At the end of subtitle F of title X add the In contrast to an approach based on following: romanticism, Senator Dole outlined: said—I think it is worth repeating—— An approach based on realism and a The hope of the world still rests, as it has SEC. 1072. EQUITABLE TREATMENT FOR THE GE- NERIC DRUG INDUSTRY. clear understanding of American inter- throughout this century, on American lead- ership. There is no escaping the fact that (a) SENSE OF THE SENATE.—It is the sense ests. only America can lead—others cannot, or of the Senate that the generic drug industry A strategy that will reinforce the will not, or should not. How firmly we grasp should be provided equitable relief in the independence of the states of the the remarkable opportunities before us in same manner as other industries are pro- former Soviet Union, that will support Europe will determine whether the next cen- vided with such relief under the patent tran- the new democracies of Europe, and tury repeats the violence and tragedy of the sitional provisions of section 154(c) of title

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7114 CONGRESSIONAL RECORD — SENATE June 27, 1996 35, United States Code, as amended by sec- The legislative clerk read as follows: fective prior to the entry of the order de- tion 532 of the Uruguay Round Agreements The Senator from Utah [Mr. HATCH] pro- scribed in paragraph (1)(C). Act of 1994 (Public Law 103–465; 108 Stat. poses an amendment numbered 4366 to (4) APPLICABILITY.—The provisions of this 4983). amendment No. 4365. subsection shall not apply to any patent the (b) APPROVAL OF APPLICATIONS OF GENERIC term of which, inclusive of any restoration DRUGS.—For purposes of acceptance and con- Mr. HATCH. Mr. President, I ask period provided under section 156 of title 35, sideration by the Secretary of Health and unanimous consent that reading of the United States Code, would have expired on or Human Services of an application under sub- amendment be dispensed with. after June 8, 1998, under the law in effect on sections (b), (c), and (j) of section 505, and The PRESIDING OFFICER. Without the date before December 8, 1994. subsections (b), (c), and (n) of section 512, of objection, it is so ordered. (c) APPLICATION OF CERTAIN BENEFITS AND the Federal Food, Drug, and Cosmetic Act The amendment is as follows: TERM EXTENSIONS TO ALL PATENTS IN FORCE (21 U.S.C. 355 (b), (c), and (j), and 360b (b), (c), ON A CERTAIN DATE.—For the purposes of this Strike all after the word ‘‘Sec.’’ and insert section and the provisions of title 35, United and (n)), the expiration date of a patent that the following: is the subject of a certification under section States Code, all patents in force on June 8, SEC. ll. PHARMACEUTICAL INDUSTRY SPECIAL 1995, including those in force by reason of 505(b)(2)(A) (ii), (iii), or (iv), section EQUITY. 505(j)(2)(A)(vii) (II), (III), or (IV), or section section 156 of title 35, United States Code, (a) SHORT TITLE.—This section may be are entitled to the full benefit of the Uru- 512(n)(1)(H) (ii), (iii), or (iv) of such Act, re- cited as the ‘‘Pharmaceutical Industry Spe- spectively, made in an application submitted guay Round Agreements Act of 1994 and any cial Equity Act of 1996’’. extension granted before such date under prior to June 8, 1995, or in an application (b) APPROVAL OF GENERIC DRUGS.— submitted on or after that date in which the section 156 of title 35, United States Code. (1) IN GENERAL.—With respect to any pat- (d) EXTENSION OF PATENTS RELATING TO applicant certifies that substantial invest- ent, the term of which is modified under sec- NONSTEROIDAL ANTI-INFLAMMATORY DRUGS.— ment was made prior to June 8, 1995, shall be tion 154(c)(1) of title 35, United States Code, (1) IN GENERAL.—Notwithstanding section deemed to be the date on which such patent as amended by the Uruguay Round Agree- 154 of title 35, United States Code, the term would have expired under the law in effect on ments Act (Public Law 103–465; 108 Stat. of patent shall be extended for any patent the day preceding December 8, 1994. 4983), the remedies of section 271(e)(4) of title which encompasses within its scope of com- (c) MARKETING GENERIC DRUGS.—The rem- 35, United States Code, shall not apply if— position of matter known as a nonsteroidal edies of section 271(e)(4) of title 35, United (A) such patent is the subject of a certifi- anti-inflammatory drug if— States Code, shall not apply to acts— cation described under— (A) during the regulatory review of the (1) that were commenced, or for which a (i) section 505 (b)(2)(A)(iv) or drug by the Food and Drug Administration substantial investment was made, prior to (j)(2)(A)(vii)(IV) of the Federal Food, Drug, the patentee— June 8, 1995; and and Cosmetic Act (21 U.S.C. 355 (b)(2)(A)(iv) (i) filed a new drug application in 1982 (2) that became infringing by reason of sec- or (j)(2)(A)(vii)(IV)); or under section 505 of the Federal Food, Drug tion 154(c)(1) of such title, as amended by (ii) section 512(n)(1)(H)(iv) of such Act (21 and Cosmetic Act (21 U.S.C. 355); and section 532 of the Uruguay Round Agree- U.S.C. 360b(n)(1)(H)(iv)); (ii) awaited approval by the Food and Drug ments Act (Public Law 103–465; 108 Stat. (B) on or after the date of enactment of Administration for at least 96 months; and 4983). this section, such a certification is made in (B) such new drug application was ap- (d) EQUITABLE REMUNERATION.—For acts an application that was filed under section described in subsection (c), equitable remu- proved in 1991. 505 or 512 of the Federal Food, Drug, and Cos- ERM.—The term of any patent de- neration of the type described in section (2) T metic Act and accepted for filing by the scribed in paragraph (1) shall be extended 154(c)(3) of title 35, United States Code, as Food and Drug Administration prior to June from its current expiration date for a period amended by section 532 of the Uruguay 8, 1995; and of 2 years. Round Agreements Act (Public Law 103–465; (C) a final order, from which no appeal is (3) NOTIFICATION.—No later than 90 days 108 Stat. 4983 shall be awarded to a patentee pending or may be made, has been entered in after the date of enactment of this section, only if there has been— an action brought under chapter 28 or 29 of (1) the commercial manufacture, use, offer the patentee of any patent described in para- title 35, United States Code— to sell, or sale, within the United States of graph (1) shall notify the Commissioner of (i) finding that the person who submitted an approved drug that is the subject of an ap- Patents and Trademarks of the number of such certification made a substantial invest- plication described in subsection (b); or any patent extended under such paragraph. ment of the type described under section (2) the importation by the applicant into On receipt of such notice, the Commissioner 154(c)(2) of title 35, United States Code, as the United States of an approved drug or of shall confirm such extension by placing a no- amended by the Uruguay Round Agreements active ingredient used in an approved drug tice thereof in the official file of such patent Act; and that is the subject of an application de- and publishing an appropriate notice of such (ii) establishing the amount of equitable scribed in subsection (b). extension in the Official Gazette of the Pat- remuneration of the type described under (e) APPLICABILITY.—The provisions of this ent and Trademark Office. section 154(c)(3) of title 35, United States XPEDITED ROCEDURES FOR IVIL C section shall govern— (e) E P C A - (1) the approval or the effective date of ap- Code, as amended by the Uruguay Round TIONS.— proval of applications under section 505(b)(2), Agreements Act, that is required to be paid (1) APPLICATION.—(A) This subsection ap- 505(j), 507, or 512(n), of the Federal Food, by the person who submitted such certifi- plies to any civil action in a court of the Drug, and Cosmetic Act (21 U.S.C. 355 (b)(2) cation to the patentee for the product that is United States brought to determine the and (j), 357, and 360b(n)) submitted on or the subject of the certification. rights of the parties under this section, in- after the date of enactment of this Act; and (2) DETERMINATION OF SUBSTANTIAL INVEST- cluding any determination made under sub- (2) the approval or effective date of ap- MENT.—In determining whether a substantial section (b). proval of all pending applications that have investment has been made in accordance (B) For purposes of this subsection the not received final approval as of the date of with this section, the court shall find that— term ‘‘civil action’’ refers to a civil action enactment of this Act. (A) a complete application submitted described under subparagraph (A). under section 505 or 512 of the Federal Food, (2) SUPERSEDING PROVISIONS.—Procedures Mr. PRYOR. Mr. President, it gives Drug, and Cosmetic Act was found by the adopted under this subsection shall super- me great pleasure to announce I am Secretary of Health and Human Services on sede any provision of title 28, United States submitting this amendment on behalf or before June 8, 1995 to be sufficiently com- Code, the Federal Rules of Civil Procedure, of myself and Senator CHAFEE, Senator plete to permit substantive review; and or the Federal Rules of Appellate Procedure BROWN, Senator BYRD, Senator DOR- (B) the total sum of the investment made to the extent of any inconsistency. GAN, Senator LEAHY, and Senator by the person submitting such an applica- (3) PROCEDURES IN DISTRICT COURT.—No tion— later than 60 days after the date of the enact- BRYAN. (i) is specifically related to the research, ment of this Act, each district court of the With that, Mr. President, I see my development, manufacture, sale, marketing, United States shall adopt procedures to— friend from Utah is seeking recogni- or other activities undertaken in connection (A) provide for priority in consideration of tion. with, the product covered by such an appli- civil actions on an expedited basis, including The PRESIDING OFFICER. The Sen- cation; and consideration of determinations relating to ator from Utah. (ii) does not solely consist of that person’s substantial investment, equitable remunera- Amendment No. 4366 to Amendment No. 4365 expenditures related to the development and tion, and equitable compensation; (Purpose: To provide equitable relief for the submission of the information contained in (B) provide that— generic drug industry, and for other pur- such an application. (i) no later than 10 days after a party files FFECTIVE DATE OF APPROVAL OF APPLI- poses) (3) E an answer to a complaint filed in a civil ac- CATION.—In no event shall the Food and Drug tion the court shall order that all discovery Mr. HATCH. Mr. President, I send an Administration make the approval of an ap- (including a hearing on any discovery mo- amendment to the desk. plication under sections 505 or 512 of the Fed- tions) shall be completed no later than 60 The PRESIDING OFFICER. The eral Food, Drug, and Cosmetic Act, which is days after the date on which the court enters clerk will report. subject to the provisions of this section, ef- the order; and

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7115 (ii) the court may grant a single extension ican consumers have access to afford- the next several minutes. I am won- of the 60-day period referred to under clause able generic drugs as was intended by dering now if my colleague from Utah (i) for an additional period of no more than the GATT treaty. We are simply saying would like to respond, or if my col- 30 days upon a showing of good cause; that affordable generic drugs should be league from Rhode Island would like (C) require any dispositive motion in a Mr. CHAFEE addressed the Chair. civil action to be filed no later than 30 days able to come to the marketplace with- after completion of discovery; out the obstacles presented by Senator The PRESIDING OFFICER. The Sen- (D) require that— HATCH will not be allowed. ator from Rhode Island. (i) if a dispositive motion is filed in a civil The fourth thing we do, Mr. Presi- Mr. CHAFEE. Mr. President, first of action, the court shall rule on such a motion dent, is not affect medical research in all, I want to congratulate Senator no later than 30 days after the date on which any way. It is not an issue, although PRYOR, the Senator from Arkansas, for the motion is filed; we will debate that point later. Nor his tenacity in connection with this (ii) the court shall begin the trial of a civil does our amendment affect intellectual really outrageous situation that exists action no later than 60 days after the later property rights in any way. That has as a result of a mistake that was made of— and the failure of the Congress to cor- (I) the date on which discovery is com- been absolutely nailed down in con- crete. Since our amendment is con- rect that mistake. Senator PRYOR, rec- pleted in accordance with subparagraph (B); ognizing the cost that this is incurring or sistent with the GATT agreement, that (II) the last day of the 30-day period re- is a moot argument and is simply a upon the U.S. Government, our State ferred to under clause (i), if a dispositive mo- scare tactic. governments, and upon our citizens— tion is filed; Finally, Mr. President, our amend- especially our citizens—has, with tre- (E) require that if a person does not hold ment guarantees that the financial mendous tenacity, tried to correct it. I the patent which is the subject of a civil ac- windfall created by our mistake in the think Senator PRYOR deserves all of tion and is the prevailing party in the civil GATT agreement does not go to the our thanks for this. action, the court shall order the nonpre- Now, what are we doing here? What drug companies. Instead, it goes to the vailing party to pay damages to the pre- we are trying to do today, Mr. Presi- consumers, it goes to the elderly, it vailing party; dent, is to correct an inadvertent error (F) the damages payable to such persons goes to the veterans, and it goes to made in the 1994 GATT, General Agree- shall include— those who are vulnerable and in need of ment on Tariffs and Trade, that we (i) the costs resulting from the delay assistance in buying life-sustaining passed. This error, as I say, is costing caused by the civil action; and pharmaceuticals. Today, in the absence consumers and our Government, not (ii) lost profits from such delay; and of our amendment, you will find that (G) provide that the prevailing party in a just thousands of dollars, but millions these companies are gaining a multi- civil action shall be entitled to recover rea- of extra dollars, and is giving an unin- sonable attorney’s fees and court costs. billion dollar windfall as a result of our tended windfall to the drug companies. (4) PROCEDURES IN FEDERAL CIRCUIT error. It is well past time for the Senate to COURT.—No later than 60 days after the date Let me briefly state what the so- act. I do hope that the PRYOR amend- of the enactment of this Act, the United called Hatch substitute does. It codifies States Court of Appeals for the Federal Cir- ment will be adopted. and puts our original mistake into law. Now, what is this amendment that cuit shall adopt procedures to provide for ex- It guarantees that the American con- pedited considerations of civil actions we are working on this afternoon? It is sumer never gets the affordable, ge- very simple. As I say, it corrects an in- brought under this Act. neric drugs intended under the GATT Mr. PRYOR. Mr. President, I will advertent error. It is a mistake that agreement. was made that kept qualified generic speak only for a very few moments and Here is the so-called Rube Goldberg then I will yield time to my friend drugs from going to market. What is a chart, Mr. President, showing what the generic? It is something anybody can from Rhode Island, Senator CHAFEE, Hatch substitute actually does. This manufacture. It keeps these generic and those others who want to enter chart shows how the Hatch substitute drug manufacturers from going to mar- into this debate. guarantees that generic competition is ket, as they plan to do when the patent I had lunch with my interns a few locked out and leaves it up to the con- expired on these drugs, particularly moments ago, Mr. President. One of sumer to continue paying for the those that are manufactured, in cer- the young men at the table said, ‘‘What multibillion dollar windfall to a few tain instances, by Glaxo. Now, the re- is all of this GATT-Glaxo debate all drug companies as a result of a con- sult has been that a handful of brand about?’’ It is very hard to explain, and gressional mistake. name drug companies have received a sometimes it is arcane. Mr. President, Let me emphasize that affordable ge- staggering—and, as I say, this is not the bottom line was stated by our col- neric drugs will be something that will thousands, this is really billions—$4.3 league from Illinois recently as elo- not be within the grasp of our Amer- billion windfall at the expense of con- quently as I know how to frame this ican consumer should the Hatch provi- sumers, and neither the Congress nor debate. I quote Senator PAUL SIMON: sion prevail. The Hatch substitute U.S. trade officials, nor even the com- ‘‘This is a classic case of the public in- guarantees Glaxo and a few other drug panies themselves, expected this to terest versus the special interest.’’ companies that they get the entire $2.5 occur. This is indeed a classic case of the pub- billion windfall. It is an enormous Now, the cost to consumers, as I lic interest versus the special interest. Christmas gift, Mr. President, that we mentioned, is enormous. The drugs That is exactly what the issue is have no business doling out as a special covered by the windfall are widely pre- today on the floor. Let me anticipate, favor to undeserving companies. scribed. They are used for everyday ail- Mr. President, if I might, and I hope I Finally, Mr. President, the Hatch ments that affect millions of Ameri- am not being presumptuous, as to what substitute would also grant a 2-year cans, particularly the elderly. Keeping is going to happen and what the argu- patent extension for a drug called the generic version of these drugs off ments of the Senator from Utah might Lodine, manufactured in the State of the shelf for up to three additional be. Pennsylvania by Wyeth-Ayerst, a divi- years means that Americans—espe- First, Mr. President, the Pryor- sion of one of the major pharma- cially older Americans—are paying far Brown-Chafee amendment closes a ceutical companies in the country, more than was ever intended for these loophole that every expert in this field, American Home Products. This patent medications. from our Patent Office and the Food extension was added by the Judiciary Not only are consumers paying for and Drug Administration to our U.S. Committee, Mr. President. this error, but so are the govern- Trade Representative, says should be In addition, the Hatch substitute cre- ments—State governments and the closed. ates the Christmas tree of other gifts Federal Government—in the form of We are also seeking to have the pre- like additional patent protection to higher reimbursement for prescription scription drug industry play by the brand name companies like Zeneca and drugs. The military, likewise, is pay- very same rules as every other indus- Merck. These provisions were, once ing, because the military, as we all try in our country. again, added by the Judiciary Com- know, pays not only for drugs for the The third thing our amendment does, mittee. Mr. President, this is what I active duty personnel, but for retirees, Mr. President, is guarantee that Amer- think is going to be occurring during as well.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7116 CONGRESSIONAL RECORD — SENATE June 27, 1996 Now, we in Congress made a mistake. Unless the Senate gives the issue another What is really happening when the We all recognize that, and we ought to look, hundreds of Iowans suffering from ul- Senator from Arkansas is offering this fix it. In this case, the solution is obvi- cers and heartburn will each have to fork amendment is that nothing is going to over about $1,600 more than necessary for ous: Enact the conforming amendment their prescriptions over the next 18 months. happen for a lot longer than 70 days. presented by Senators PRYOR, BROWN, This matter has been pending for The NBC Nightly News said: myself, and others, who have been months. If the parties had agreed to ex- working likewise. This is one area where Congress could help pedited judicial proceedings, which the save millions of taxpayers dollars now. Enacting the conforming amendment Hatch amendment is prepared to ac- So, Mr. President, it is my hope that has a positive side effect, an important cept, if Senator PRYOR would accept we will prove to our constituents that one for our States. Back in December, that, we could have a determination of there is not business as usual around we had a vote on this, and because of any generic company which had made a here, that we can and we will correct a parliamentary maneuvering, we were substantial investment within a rel- mistake that was made and do the told repeatedly that it was important atively short period of time. That ge- right thing and fix this loophole now. to have a hearing on this. Ultimately, I urge my colleagues to vote against neric company could then begin to we lost by one vote. This was going to the Hatch amendment and for the market its product. I do not believe this matter ought to go to a hearing. Since that vote last Pryor-Chafee amendment, the only bill December, what has happened? Well, fi- that will close the loophole. I thank be left undefined. I think really we nally a hearing took place, 3 months the Chair. ought to have a definition of what is a later, at the end of February. What did Mr. SPECTER addressed the Chair. ‘‘substantial investment.’’ We hear a we find out at the hearing? Well, we The PRESIDING OFFICER. The Sen- great deal of talk about the undesir- found out exactly what we have been ator from Pennsylvania is recognized. ability of judicial legislation; that we saying all along. There were no new Mr. SPECTER. Mr. President, I be- ought to have Congress act on these discoveries at this hearing. The USTR, lieve that the problems presented in matters. U.S. Trade Representative, at the time the pending amendment could be My staff and I made a very concerted GATT was enacted, Mr. Kantor, testi- solved if the parties would get together and extended effort to try to define fied: ‘‘We did not intend for this to hap- and agree to a procedure which would ‘‘substantial investment’’ and ‘‘equi- pen, and we support the correction of provide for prompt judicial determina- table remuneration,’’ sitting down with this oversight through the appropriate tion as to what is a substantial invest- parties on both sides at some substan- amendment to the Food, Drug and Cos- ment. tial length. metic Act, and the Patent Act.’’ I agree with my distinguished col- I continue to believe that, if the par- That is what Mickey Kantor, our league from Rhode Island that this ties really wanted to resolve this and U.S. Trade Representative, said. matter ought to be cured and acted have a determination as to which Three months went by, and then two upon, because the more time that generics had made a ‘‘substantial in- more months went by, a markup being passes, the greater the potential dam- vestment’’ so that those generic prod- continuously postponed. We finally saw ages on one side or another, depending ucts would be made available to the our bill be marked up in the com- upon whether there has been a substan- public at large, that could be done in- mittee. What the result was, was a bill tial investment. That is the issue stead of this extended debate. that did not correct the loophole at all. which is outstanding, and it is my view But in the absence of that kind of an Senator PRYOR has touched on that al- that the generic manufacturer should agreement, it seems to me that what is ready. I thought it was very inter- be compelled to show that it has com- fair is to have the generic with its bur- esting. This is, as he showed on his plied with the provisions of law and den of proof of showing that a substan- chart—and perhaps the Senator could that it has, in fact, made a substantial tial investment had been made. And, go back to that original chart that investment before it can enter the mar- with the additions I have made to the shows this Rube Goldberg setup—how ketplace. pending amendment offered by the the generic drug companies could With all due respect, I do not believe Senator from Utah, we would have straighten out the situation. Well, it is that this is a matter for editorial com- those proceedings concluded within a ridiculous. I must say, I praise the in- ment, or for generalization. Instead, it few short months. If the Senator from genuity of those who worked out this requires a hard look at the facts and a Arkansas was willing to adopt that intricate process. careful analysis of the law. What we kind of a procedure, he could have set So the situation has become ludi- are dealing with here is public policy the judicial mechanism in place long crous. Unfortunately, it has been more to encourage pharmaceutical compa- ago so that we could have had a deter- than a year since the FDA first ruled nies to make very substantial invest- mination of this matter. that it did not have the power to per- ments to produce pharmaceutical prod- Mr. President, I reserve the remain- mit these generics to go to market. A ucts. The other public policy consider- der of my time. year ago, we found out there was a ation is to make available generic Mr. PRYOR. Mr. President, I thought problem. Instead of fixing it right products for the benefit of many par- that Senator HATCH would be speaking away, we have been stymied time and ties, once the patent has had a reason- now. I think he has stepped out of the time again by procedural motions and able life term. Chamber. Therefore, I will make a few talk of hearings. We all know the time Those who benefit from generics are remarks in response to my friend from is running out. many. They are the senior citizens. Pennsylvania. So, Mr. President, I want to conclude They are the veterans. They are the First, we are not changing the GATT by reading a couple of quotes from Government. Many interested parties language. We are keeping the GATT newspapers who have commented on ought to have access to generic prod- language as it relates to the term ‘‘sub- this. ucts. stantial investment.’’ This is simply This is what the New York Times had The critical key issue is whether the what we are trying to do with the to say: generic company has made a substan- Pryor-Brown-Chafee substitute amend- Congress finds it hard to remedy the sim- tial investment or not, and it is my ment at this time. We are trying to ba- plest mistakes when powerful corporate in- view that that has to be judicially de- sically reinforce what we already have terests are at stake. termined. built into the GATT treaty, adopt that The Washington Post said: We had a very extended discussion on language, and apply to the drug compa- It is doubly difficult to understand why the the Record back on June 20, just 8 days nies the exact same rules and defini- Senate refuses to do anything about a wind- ago. It is summarized really as follows: tional standards that we apply to every fall that, as far as the administration is con- I offered a procedure, first in the Judi- other industry in our country and in cerned, is based on nothing more than an ciary Committee and now incorporated our world today who are signatories to error of omission. into the amendment offered by the the GATT. We made an error and ought to cor- Senator from Utah, which would pro- I want to make a couple of more rect it. vide for expedited proceedings which points. The Senator from Pennsylvania The Des Moines Register said: could be completed within 70 days. has mentioned that we needed 70 days

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7117 in order to resolve all of this. What the damages for the period from the time procedure and the substantial invest- Senator from Pennsylvania must be that they could not sell the generic ment, is basically what the GATT aware of, and what the Senator from drug until the time the court deter- Treaty calls for and lays out the rules Arkansas is aware of, is that every day mined there was substantial invest- for every other industry in the world that goes by these companies are get- ment and they could sell the generic today with the exception of the phar- ting, in my opinion, egregious wind- drug? maceutical industry. falls totaling $5 million extra every Mr. PRYOR. Are we on the Senator’s We left out, by mistake, a con- day that we estimate could be used to time? forming amendment that would guar- purchase cheaper or less expensive ge- Mr. SPECTER. We are. antee the application of the GATT neric drugs. Mr. PRYOR. I ask that the time be Treaty to brand name drug companies What this is about, Mr. President, allocated to the Senator, if I might re- and as a result a few companies are really is about a few drug companies. spectfully say so. protected against any generic competi- For example, here is Zantac. If we had I have a letter from Donna Shalala, tion. a generic substitute today for Zantac, the Secretary of HHS, and I quote from Now, who pays the bill for that? Who we would be paying about 40 percent or the letter that has been distributed pays the ante? Well, we know who 50 percent less than we are paying with throughout the Senate this afternoon. pays. The consumer pays—the elderly Secretary Shalala says: the brand name Zantac today in our pay, the veterans pay, the Medicaid It will be nearly impossible to meet the Program pays, the government pays. drugstores. substantial investment requirement under Mr. President, this is an absurd situ- But across the board these windfall the Hatch substitute. profit dollars are going to the major ation. It is time for us to correct this. She concludes saying: drug companies, and we are asking We hope that the Senate will avail It would be virtually impossible for a man- today for the Senate to support less ex- itself of this opportunity. ufacturer to obtain FDA approval for a ge- pensive drugs. We are begging today for Mr. President, inadvertently a few neric drug product during this transition pe- competition in the pharmaceutical moments ago when I sent the amend- riod. marketplace. ment to the desk I did not mention our Mr. SPECTER. If the Senator from Just recently—and I ask that this original cosponsor from Vermont, Sen- Arkansas will also focus, in the very item be placed in the RECORD at the ap- ator LEAHY. limited time, just on the issue of sub- propriate place—Glaxo cut the cost of I ask unanimous consent that his stantial investment. What Secretary Zantac to the German people by 30 per- name be added as an original cospon- Shalala had to say, with all due re- cent. The concern they were respond- sor. spect, is totally irrelevant. I have a ing to was that a generic was about to The PRESIDING OFFICER. Without very crisp question. If your generic become available and be a competitor objection, it is so ordered. company has to have a determination to Zantac in that country—a 30-percent Mr. SPECTER. Mr. President, how of substantial investment within 7 decrease in the cost of that drug. I wish much time do I have remaining? months, would that not be a lot better they would give us the same cost de- The PRESIDING OFFICER. Five than this elongated, uncertain legisla- crease in this country. minutes. tive process? But what the Senator from Pennsyl- Mr. SPECTER. Mr. President, I inad- Mr. PRYOR. Mr. President, I simply vania is talking about—simply wait an- vertently referred to a judicial time respond by saying the generic compa- other 7 months for these drugs to be line of 70 days. I really meant 7 nies cannot get the market because available in generic form—is another $1 months. they cannot meet the requirements and billion in consumer losses and another My point is this. This controversy the obstacles set forth in the Hatch $1 billion windfall profits for three first arose on May 25, 1995. Had we had substitute. It is that simple. companies in this country. in effect a procedure, which I am sug- Mr. SPECTER. Mr. President, I want Mr. President, I do not think the gesting, for a maximum 7-month deter- to reclaim my time. I want to conclude Senate supports extension of this type mination regarding companies that the my argument in the very brief time of benefit to a few drug companies. Senator from Arkansas refers to, we that I have left. I see my friend from Utah. I would could have had a judicial determina- With all due respect for my very dis- like to ask how much time I have re- tion made on or about January 1, 1996. tinguished colleague from Arkansas— maining, please. The PRESIDING OFFICER. The Sen- It could have already been made. and I do agree with Senator CHAFEE in ator has 1 minute 20 seconds. This legislation is really not the best complimenting Senator PRYOR for his Mr. PRYOR. Mr. President, I will re- way to solve the problem. There is a tenacity here—this is a matter which serve the remainder of my time. question as to what will happen in con- requires a determination of what is a ference on this Department of Defense Mr. HATCH addressed the Chair. substantial investment. This matter The PRESIDING OFFICER. The Sen- authorization bill, and whether the has been pending now for more than a ator from Utah. amendment will be adopted in the first year—since May 25, 1995. If the parties Mr. HATCH. Mr. President, I would place. There is also a question of really wanted to resolve this, we could feel much more confident in the distin- whether the President will veto this come to terms on expedited judicial guished Senator from Arkansas’s com- Department of Defense authorization proceedings which Senator HATCH is ments if he were willing to turn back bill because it has substantially more prepared to accept. That would take, of all of the GATT blessings that Arkan- spending than he is prepared to accept. course, a maximum of 7 months. Then sas received. I have a list here which But, if the parties agree to a procedure the generic company would have a de- gives some of the examples of exten- where there was expedited judicial de- termination of substantial investment, sions made under GATT and the num- termination as to what is a substantial and they would be in the field. In addi- ber of days. investment, we could have generic tion, they would be entitled to collect Here are 25 Arkansas companies products on the market within 7 their damages in the interim. which received extensions, one of months. I believe, as a matter of fairness, that which had its patent extended as by 713 If my colleague from Arkansas would we ought to get the judicial determina- days, another by 667 days, another by engage in a brief discussion—it has to tions as promptly as possible. But we 665. The Jacuzzi Brothers had a patent be brief because I do not have too much also need to have fair protection for extended by 218 days. time left—what would the problem be the substantial investments made by None of their competitors has come with the generic companies that the the pharmaceutical pioneer companies. to us and complained that they are Senator from Arkansas refers to to ac- This expedited procedure would ensure being cheated. cept the procedure where there would justice for all parties, and I submit I might ask why we aren’t suggesting be a court determination made within 7 that we ought to proceed forward with that all those companies give back the months as to whether they had made a it. extensions they received? Because substantial investment. Then, if the I yield the floor. there were winners and losers in the court finds in their favor, they could Mr. PRYOR. Mr. President, I will re- GATT. Unfortunately, the distin- sell the generic drug plus recover full spond by saying that this expedited guished Senator from Arkansas does

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7118 CONGRESSIONAL RECORD — SENATE June 27, 1996 not happen to agree with some of the that there is no evidence that this was drugs and in the other respect primarily for winners. an oversight. generic drugs. Mr. President, what you have heard The Court of Appeals for the Federal Judge Bryson: this afternoon from our colleague, Sen- Circuit noted last November in the You think the URAA was written expressly ator PRYOR, admittedly is a compelling Royce case that it could not find any for generic drugs? populist argument that will have a definitive evidence on the question of Mr. Bass: great deal of surface appeal to some intent. Absolutely, and I’ll tell you why . . . I people. The court said: can’t think of a single act that was not in- Who among us would not want to The parties have not pointed to, and we fringing before June 8 that became infring- lower the price of drugs used by the el- have not discovered, any legislative history ing after June 8 except for the generic drug derly? on the intent of Congress, at the time of pas- industry. . . Who would not want to correct a mis- sage of the URAA, regarding the interplay With other patents, a company is limited take? between the URAA and the Hatch-Waxman in what they can spend their money for to Act. Who would not want to level the invest before the patent expires. Because if By the way, I coauthored the Hatch– they use the patent, that’s an act of infringe- playing field to promote fairness be- Waxman Act, and I do understand it. ment. tween two very important segments of When Senator PRYOR’s glitzy, diver- So we have the generic drug industry a very important industry? sionary charts are put aside, it seems lawyer actually arguing that the tran- Unfortunately, none of these argu- to me that my opponents must concede ments are accurate. All of them are sition rule was specifically intended for that they have no hard evidence that just this one industry. built on a foundation of sand. this is simply a case of legislative mis- With one strong wave of reality this That hardly sounds like a level play- take. It is not. And by the way, those ing field argument to me. That sounds dream castle will come crashing down charts, as much as they are curly-cued and we will be left with the truth of to me like an argument for special to death are misleading. Every generic treatment. the matter. patentee must go through the process The truth is that: And this apparently was not just one on that chart, under the URAA. It is There is no loophole; of those statements that inadvertently not just a process set up for generic There is no technical error; and slip out during the pressure of the mo- drugs. And there is no need for the over- ment in oral argument. Do not let their attempts at a revi- reaching Pryor/Brown/Chafee amend- The same argument was repeated by sionist history fool you. As the Federal ment. the generic company’s lawyer in his pe- circuit correctly noted, the true test of tition for writ of certiorari to the Su- Let me give you the facts. legislative history is what was stated preme Court. It should be no secret to anyone in when the bill passed, not what some The generic drug company attorney this body that GATT extended the are trying to say now, after the fact. stated to the Supreme Court: terms of patents. The GATT Treaty—a You will also hear today that the very important treaty that took dec- The most obvious intended beneficiary of Congress should adopt the Pryor the statutory licensing system was the ge- ades to get—was debated extensively in amendment so that generic drug manu- neric drug industry . . . In fact, since the open session. It was negotiated for a facturers have the same protections af- adoption of TRIPS and the URAA no indus- period of years, extending through forded to every other generic product try other than the generic drug industry has three Presidential Administrations. It manufacturer under the transition emerged as being potentially affected by the was one of the most talked-about rules. equitable remuneration system. pieces of legislation we have consid- This is the so-called level-the-play- So there you have it: plain evidence ered. ing-field argument. that contrary to what our colleague As a consequence of the GATT, the The truth of the matter is that there will allege, the generic drug industry terms of about 1 million patents were are no reported cases of any generic wants to tilt the playing field toward extended. I just mentioned 25 of those manufacturer, including those 25 in Ar- itself. were in Arkansas. They came from vir- kansas, for any other industry reach- Frankly, the Pryor amendment is tually every type of industry in the ing—or for that matter even seeking to nothing more than an attempt to see United States, including pioneer phar- reach—the marketplace through these that one industry, the generic drug in- maceutical patents. transition rules. dustry, gains a special, widespread, From this debate, you would think It is important for all involved in wholesale benefit that no other type of that only pharmaceutical patents were this debate to understand that under generic manufacturer will ever likely extended, but that is far from true. these transition rules, generic drugs get under the transition rules. In truth, only about 100 pharma- have not been treated differently than And why is this so harmful? ceutical patents were extended—100 out any other generic products. As much as we all sympathize with of 1 million—100 patents out of 1 mil- Not one individual in this body can the goal of getting lower priced generic lion. point to any other industry except ge- drugs to the American consumer—par- Today you will hear the argument neric drugs which has used, or even at- ticularly our elderly living on fixed in- that this issue is a simple case of Con- tempted to use the transition rules. In comes, we must not act in a fashion gress making an oversight in a piece of other words, out of the 1 million pat- that undermines the incentives to in- complex legislation. Again, that is not ents extended, not one other industry, vest in biomedical research. correct. or for that matter not one person from We want both new breakthrough In fact, the Food and Drug Adminis- one other industry, has attempted to therapies and cheap generic equiva- tration has said as much. In black and use the transition rules. lents. white. The playing field is level. The issue is how best to satisfy both Last May, the FDA’s Deputy Com- In fact, the generic drug industry is ends. missioner for Policy said: actually trying to tilt the playing field Over the years I have enjoyed work- (T)his apparently is not an example of Con- in its favor. ing with Dr. C. Everett Koop, former gress having overlooked a statutory provi- It may surprise some in this body to Surgeon General of the United States. sion it might have changed had it been aware see what the generic drug industry has I stood behind Dr. Koop when many in of its existence . . . been arguing in court. this body were anxious to prevent him So, it is clear that both the executive Let me just read to you for a few mo- from becoming Surgeon General. Time and legislative branches acknowledge ments from a transcript of the oral ar- has proven that Dr. Koop is one of the this was not an oversight, even though gument at the Federal circuit last Oc- world’s leading public health authori- we hear that over and over again. tober in the Royce case: ties. But, if the FDA statement were not Milton Bass, a lawyer for the generic drug I respect and value his opinion. I be- enough of an argument for you, con- industry, said: lieve that the American people know sider that the courts have also re- I suggest to this court that this statute in that Dr. Koop is a man of integrity and viewed this issue and have concurred one respect is written expressly for generic speaks his mind. Dr. Koop wrote me a

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7119 letter last week which shows just how benefiting the consumer, they are in- save trillions of dollars for the con- important it is to retain incentives for terested in benefiting their own—re- sumers, compared to the relatively few biomedical research. He said: gardless of what happens to consumers millions the Senator is complaining Because of my long-standing concerns and taxpayers. This is why we should about. about the effect on biomedical research of really call this proposal the PhRMA- In the short run, consumers are going weakened patent protection, I have been fol- Glaxo substitute. I hate to call it the to pay more for some products under lowing the efforts in the Senate to roll back Hatch substitute because I have such the treaty, because thousands of pat- the advances in intellectual property protec- respect for my friend from Utah. Cer- ents for all sorts of products and tech- tion established by the GATT amendment. The right to claim ideas as property allows tainly he would not want to have his nologies were extended. innovators in any discipline to invest time name associated with what he knows is Let us just be honest about it. There and money to bring those ideas to fruition. an enormous boon to special interests. is a lot riding here. This is especially true in the pharmaceutical Finally, the Hatch substitute has be- The overall goal of keeping the industry, where each new medicine requires come a Christmas tree, literally a URAA intact outweighs the concerns of an average investment of 12 years and $350– Christmas tree, of patent extensions any one of us that one company or an- 500 million. Stronger patent protection bol- and special favors for a variety of drug other may benefit somewhat from this. sters the incentives for these high-risk in- companies like Wyeth-Ayerst, Merck The fact of the matter is, there are a vestments, and thus represents a significant and Zeneca. Once again, I will quote leap forward in our effort to preserve and im- number of companies that benefit from prove the nation’s health. It is for this rea- our friend, Paul SIMON from Illinois. this. son that I submitted testimony to the Judi- Senator SIMON, who we will miss great- It is also important to note that, ciary Committee opposing legislation to roll ly in this body, said: ‘‘This is a classic under the Hatch-Waxman Act, the ge- back the GATT intellectual property protec- case of the public interest versus the neric industry gets something that no tions for pharmaceuticals. special interest.’’ other industry gets. They can infringe I think that Dr. Koop is focusing at- Mr. President, that is precisely what the pharmaceutical pioneer companies’ tention on the right issue when he this vote we are about to take is all patents like no other industry can. We points out the importance that strong about. included that provision in the best in- intellectual property laws have on bio- I yield the floor. terests of bringing pioneer drugs off medical research. Mr. HATCH. Mr. President, how patent into the marketplace as quickly Frankly, a strong case can be made much time remains? as we could. by those who argue that it is unneces- The PRESIDING OFFICER. The Sen- I am proud of that Waxman-Hatch sary to make any changes in our cur- ator has 5 minutes. Act. I worked my guts out to have it rent statutory framework. But in the Mr. HATCH. I have heard the argu- come to fruition. spirit of compromise the Judiciary ments of the distinguished Senator It was negotiated, every word of it, Committee passed on a 10–7 bipartisan from Arkansas over and over. right in my office. I know he is sincere. vote compromise legislation on this I know he means well. It saved consumers billions and bil- issue, to which Senator SPECTER is re- But his arguments fixate on one or lions of dollars. ferring. two companies. If we turn around now, just because, The Judiciary compromise is the text If you were to look at this in the con- as the Senator argues, one or two or of the amendment I offer today, with text of all of the companies, the thou- even eight out of a million companies small-but-important modification sug- sands of companies, that benefited may have benefited, we will undermine gested by Senator SPECTER last week from the GATT Treaty, it reduces his the very GATT Treaty that we fought which will ensure that the process en- arguments to nothing. so hard to get. That will be a mistake. visioned in the Judiciary bill is a If you look at the companies from This is not some insignificant battle speedy one. Arkansas that benefited from the between two good people here in the The Judiciary compromise is a re- GATT Treaty, you have to ask why U.S. Senate. This is a very, very impor- sponsible, reasonable alternative. It al- they should receive a benefit that oth- tant set of legal principles, legislative lows generic drug products to reach the ers did not? It is because they had to principles, treaty principles, and intel- marketplace before the expiration of draw the line somewhere. The simple lectual property principles. the GATT-extended patents. truth is that there were some who won Frankly, the arguments are not as The difference between my approach and some who did not. the distinguished Senator would por- and that of Senator PRYOR is that the The thrust of my colleague’s argu- tray. Judiciary bill protects intellectual ment is that consumers are spending At this point I would like insert in property by precluding the generic’s exorbitant amounts of money for the RECORD some examples of patents entry into the marketplace until a Zantac because one company, Glaxo, which were extended in Arkansas. I court has decided that a substantial in- has had its patent expanded under the would also like to insert a statement vestment has been made. As with the GATT Treaty. by former Senator and Trade Rep- Pryor approach, the manufacturer It does not matter if Glaxo or any resentative Brock, who rebuts the ar- must demonstrate that it has made a other company benefited under this guments that former Ambassador, now substantial investment. treaty. Secretary Kantor says. And, finally, I Mr. President, I reserve the remain- The important thing is that treaty be would like to insert the letter from Dr. der of my time. preserved. It took decades to bring this C. Everett Koop, former Surgeon Gen- Mr. PRYOR. Mr. President, did the treaty about. It is a treaty with impor- eral of the United States. I ask unani- Senator from Utah conclude his state- tant intellectual property provisions, mous consent to have those printed in ment? provisions important for the whole the RECORD. The PRESIDING OFFICER. He re- world. There being no objection, the mate- served the remainder of his time. We have taken decades to get other rial was ordered to be printed in the Mr. PRYOR. Mr. President, as I have nations to sign on to this treaty, many RECORD, as follows: only a few moments, let me point out of which did not want to. Some of them EXAMPLES OF ARKANSAS PATENTEES GRANTED that the Hatch substitute was born out would like nothing better than to un- EXTENSIONS UNDER GATT AND NUMBER OF of a proposal by PhRMA. PhRMA is the dermine this treaty. DAYS group that represents the major If the United States, pursuant to the Abilities Unlimited, 640. brandname drug companies. Every ele- Pryor amendment, were to adopt this AGL Corporation, 324. ment, according to a memo of April 30, language and undermine this treaty, Arthur W. Reed Machine Co., 660. 1996, of a draft PhRMA proposal which, right off the bat, I think it would send BC Pausch, Inc., 471. as they wrote to their members, ‘‘bene- the wrong message to all the nations BEI Electronics, Inc., 535. BEI Electronics, Inc., 240. fits members of PhRMA’’ wound up in which would like an excuse to under- BEI Electronics, Inc., 419. the so-called Hatch substitute. That, mine the treaty anyway. BEI Electronics, Inc., 466. Mr. President, is what they are inter- If we uphold the treaty, then, it Carroll Herring, 713. ested in. They are not interested in seems to me in the long run we will Citation Manufacturing Co., Inc., 454.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7120 CONGRESSIONAL RECORD — SENATE June 27, 1996 Cordell Tackle, Inc., 296. Please give careful consideration to the Also, at the suggestion of Senator Darrell Boyd, Kathy Sue Boyd, Mark negative impact this legislation would have. BIDEN, we have included language that Stodola, James Hall, Stuart Vess, J. Russell I would be delighted to give you additional would make clear that pioneer drug Reinmiller, 667. specifics if it would be helpful. patents could receive both the restora- Domination Incorporated, 663. Sincerely, tion extension afforded by the Hatch– DuraCraft Boats, Inc., 403. WILLIAM E. BROCK. Gator Products, Inc., 527. Waxman Act and any additional time Hustler Corporation, 189. BETHESDA, MD, June 20, 1996. received under the URAA. Jacuzzi Bros., 218. Hon. ORRIN G. HATCH, This is only fair, because these exten- Klipsch and Associates, Inc., 481. Chairman, Judiciary Committee, U.S. Senate, sions derive from separate statutory Malvern Minerals Company, 410. Washington, DC. sources. Norman Manufacturing Co., Inc., 611. DEAR MR. CHAIRMAN: Because of my long- Mr. President, I have worked long Roland Clardy Rogers, Ray Green Rogers, standing concerns about the effect on bio- and hard on this issue and have endeav- 541. medical research of weakened patent protec- ored to find a reasonable middle ground Shakespeare of Arkansas, Inc., 437. tion, I have been following the efforts in the Shakespeare of Arkansas, Inc., 552. Senate to roll back the advances in intellec- which will accommodate the interest Sprayrite Manufactoring Company, 465. tual property protection established by the of all my colleagues. The Judiciary bill SunPower Systems Corp., 688. GATT agreement. is a good compromise, and I urge my The right to claim ideas as property allows colleagues to support the amendment. BROCK GROUP, LTD., innovators in any discipline to invest time Mr. HELMS. Mr. President, there are Washington, DC, September 20, 1995. and money to bring those ideas to fruition. a number of red herrings flying across Senator WILLIAM V. ROTH, Jr., This is especially true in the pharmaceutical the Senate in an effort to politicize Hart Senate Office Building, industry, where each new medicine requires this issue and scare senior citizens and Washington, DC. an average investment of 12 years and $350– others. But the bottom line of this DEAR SENATOR ROTH: When I first proposed 500 million. Stronger patent protection bol- international agreements to extend intellec- sters the incentives for these high-risk in- issue is whether we will support the tual property protection worldwide under vestments, and thus represents a significant search for new medicines or undermine the GATT, no one believed it could be done. leap forward in our effort to preserve and im- it. Yet it was the crowning achievement of the prove the nation’s health. It is for this rea- Let me quote from an article that recently successful Uruguay Round—thanks son that I submitted testimony to the Judi- was written by Dr. C. Everett Koop and almost solely to the persistent and active ciary Committee opposing legislation to roll published in the March 28, 1996, issue of support of the U.S. business community and back the GATT intellectual property protec- The Washington Times: U.S. governmental leaders. tions for pharmaceuticals. Generic drugs play an important role in Now I hear that some pending proposals While I am still concerned about the im- helping lower the cost of medicines. But it is could imperil the implementation of that pact that any change in our intellectual the pharmaceutical research industry that agreement. I refer specifically to legislation property protections could have on the in- discovers and develops those medicines in recently introduced by David Pryor, called centives for medical R&D, the bill reported the first place, investing billions of dollars the Consumer Access to Prescription Drugs by the Judiciary Committee on May 2 is a in research and development that can span Act (S. 1191). S. 1191 creates special rules so significant improvement over the other pro- decades without any guarantee of success— that the generic pharmaceutical manufac- posals on this issue. I commend you and your an investment made possible by our system turers can take advantage of preferential colleagues for finding a way to accommodate of patent protection. treatment under the Drug Price Competition the varied political interests that have been Congress should stand firm in its decision and Patent Term Restoration Act of 1984 actively involved in this debate. to provide greater protection for American (‘‘Hatch/Waxman Act’’) without adhering to By allowing for the issues of ‘‘substantial innovators. This protection is a leap forward the 20 year patent term negotiated during investment’’ and ‘‘equitable remuneration’’ in our ongoing battle to preserve our long- the GATT Uruguay Round negotiations. to be resolved before generic medicine comes term national health. on the market, the proposal mirrors the sys- Proponents suggest that this legislation is Speaking of our long-term national only a ‘‘technical’’ correction to the Uru- tem that has worked well since it was insti- tuted by the Hatch-Waxman Act. It also ad- health, a company that Senator PRYOR guay Round Agreements Act (URAA) and frequently criticizes, was recently neither weakens patent protection under heres with the requirements of the GATT URAA nor diminishes the United States’ legislation itself, which requires a court to awarded the highest honor that can be ability to fight for stronger international determine these issues. bestowed on a company by the Amer- Most importantly, by requiring a court to patent protection. I disagree! This issue is ican Diabetes Association. establish ‘‘equitable remuneration,’’ the Ju- far too important to risk on the basis of On June 6, Glaxo Wellcome, Inc., diciary Committee’s proposal establishes a hoped-for ‘‘good intentions’’ in nations which is headquartered in North Caro- procedure for the value of intellectual prop- which have never favored intellectual prop- lina, was awarded membership into the erty to be recognized. This is crucial if we erty protection. are to sustain the research that will answer Banting Circle. According to the an- Countries around the world are still in the patient needs now and in the future. It is ab- nouncement, the award recognizes process of implementing the Uruguay Round solutely essential if we as a society genu- Glaxon Wellcome’s effort to cure diabe- Agreement. A number have withheld their inely care about the nation’s long-term tes. own action to wait and see what we do. We health. Dr. Bob Bell, vice president of re- all know those whose prior actions have cost Ideally, no change would be made in the search at Glaxo Wellcome, explained American inventors and entrepreneurs bil- relevant laws establishing stronger patent lions. They will see this retreat on our part that ‘‘If we can find that gene or com- protections. But given the political reality, bination of genes that causes diabetes, as a ready excuse to implement their own you have done a good job of developing a minimalist versions on intellectual property compromise that maintains some reasonable and link them to specific functions of protection. It will be difficult, if not impos- protection for the intellectual property con- their proteins, then we can use this in- sible for the United States to force other na- cepts that have made the U.S. a leader in sight to develop better treatments.’’ tions to adhere to the TRIPS agreement if medical innovation. Approximately, 15 million people suf- we set this unfortunate precedent. Sincerely yours, fer from type II diabetes. How much In sum, in exchange for the hope of short C. EVERETT KOOP, M.D., Sc.D., longer does the Senator from Arkansas term savings, the Pryor proposal could cost Surgeon General, 1981–1989. think they should have to wait for a all U.S. firms and workers the enormous long term gains we worked so hard to Mr. HATCH. With regard to my better treatment or even a cure for achieve in the Uruguay Round. That is penny amendment, which is the text of the their disease? wise and pound foolish. The United States Judiciary Committee bill, the court Ms. MOSELEY-BRAUN. Mr. Presi- must continue to be a leader on full imple- would consider expenses related to the dent, I would like to take this oppor- mentation of every aspect of the agreement generic drug application and other ac- tunity to express my support for the on intellectual property in both substance tivities, such as plant construction and Hatch substitute amendment. The Sen- and in form. equipment purchases, made specifically ate voted in December to require the One final additional point. Domestically, in connection with particular generic Judiciary Committee to hold hearings this legislation would upset the delicate bal- drugs. on the General Agreement on Tariffs ance provided for in the Hatch/Waxman Act, which already grants generic pharmaceutical Our compromise would prevent appli- and Trade [GATT] patent extension firms special treatment in the area of pat- cants from gaming the system by pre- provisions. As promised, the hearings ents not available to other industries. S. 1191 cluding approval of applications sub- were held, and a May 2 markup re- would further the bias against pioneer phar- mitted for products that come off-pat- sulted in a vote in favor of a bipartisan maceutical firms. ent beyond 1998. compromise proposal.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7121 The Hatch amendment, which rep- to increase our investment if we are to Others have asked why the Com- resents this bipartisan Judiciary Com- discover cures and effective treatments mittee bill fails to permit expenses re- mittee compromise, would allow the for diseases that continue to plague lated to filing of an abbreviated new Food and Drug Administration to ap- millions of Americans like AIDS, Alz- drug application [ANDA] to be counted prove a generic drug marketing prior heimer, Parkinson’s Disease, and can- toward the determination of a substan- to expiration of the GATT patent ex- cer. tial investment. The expenses related tension if the manufacturer complies Increased patent protection ensures to the filing on an ANDA are unique to with the GATT implementation law that research and development will the generic pharmaceutical industry. and the 1984 Hatch-Waxman law. This continue in, not only the medical field These activities would constitute pat- special exemption from patent laws is but also in all areas of innovation. This ent infringement for any other indus- permitted by no other sector. country leads the world in research and try. The intent of the GATT transition The Pryor amendment on the other innovation, it contributes to the public provisions is to allow those companies hand, would modify the current GATT good both here and abroad and every which had made capital expenditures— as it applies to patent protections for American benefits from our leadership. like building or expanding a plant, to pharmaceutical products. This amend- Changes to the GATT agreement that market their imitator product during ment, which was voted down in the Fi- seek to repeal patent extensions for the patent extension period. A generic nance Committee, has been portrayed only one class of innovations are, in pharmaceutical company should only as a technical correction to the GATT my opinion, shortsighted. Such benefit from the same type of expenses agreement. It is not. This amendment changes will decrease private sector available to all industries. opens up an international agreement revenues for research and development, Finally, the opponents of the Judici- on trade to resolve a domestic compromise U.S. leadership on intel- ary Committee compromise argue that intraindustry dispute. It is short-sight- lectual property, and adversely impact the Judiciary bill treats generic phar- ed, counterproductive, and will impede the competitiveness of U.S. companies maceutical companies unfairly. This the availability of life-saving drugs and in relation to their foreign counter- could not be farther from the truth. In therapies for all of us. parts. They do nothing to provide fact, the Hatch compromise offers the This is not an argument about greater access to affordable health care generic pharmaceutical industry spe- whether the American people should for consumers. cial protections not available to any generally have access to generic drugs. I have given careful consideration to other industry. The Judiciary bill I firmly believe that all persons who all of these issues. I am convinced that would permit a generic pharmaceutical are sick should have access to afford- the measures included in the GATT company to collect damages from the able and comprehensive health care and the Hatch amendment will con- innovator company if litigation be- services. My views on the GATT patent tinue to increase the ability of U.S. in- tween the innovator and generic com- extension issue are in no way incon- dustries to compete while also allowing panies caused an unwarranted delay an sistent with my support for health re- low-cost generic equivalents to reach imitator drug to the market. No other form. In fact, I believe present at- the market. It is for these reasons that industry is afforded a similar benefit. tempts to undo and reopen GATT could I support the Hatch amendment and Mr. President, it seems to me that have an adverse impact on the develop- oppose the Pryor amendment. the compromise reached by the Judici- ment of state of the art medicines and Mr. COATS. Mr. President, this is an ary Committee is both thorough and treatments, which in turn deny all of enormously complicated issue with fair. It answers the questions that have us the benefit of advances in medical very board implications. I understand been raised and does so in a very well science. that the Judiciary Committee has held thought out manner. This is a difficult This argument in support of chang- hearings on the issue and that as a re- issue and I appreciate the enormity in- ing the GATT patent extension for sult, voted 10 to 7 to report out a bipar- volved in reaching an agreement. While pharmaceutical products seems to rest tisan compromise. The compromise I would have preferred using the nor- primarily on the potential cost savings reached would allow the FDA to ap- mal Committee route to bring this leg- to consumers of accelerating the avail- prove a generic drug for marketing islation to the floor, I intend to sup- ability of a generic version of one anti- prior to expiration of the GATT patent port it. ulcer drug. Such an argument totally extension, but only after a generic drug Mr. KENNEDY. Mr. President, I want ignores the fact that the anti-ulcer manufacturer demonstrated in court the Senate to overwhelmingly support marketplace is highly competitive that they had made a substantial in- the Pryor-Brown-Chafee amendment, with a wide range of choices, including vestment before June 8, 1995. which is the text of the Prescription generics, for patients and physicians. This requirement is contained in Drug Equity Act. It is difficult to un- There are new medicines available and both the GATT implementing law and derstand why it has taken over 6 coming to the market that can cure the generic drug approval process in months for this bill to return to the peptic ulcer disease. The senior citizen the 1984 Hatch-Waxman law and applies floor for a vote. The legislation pro- on a fixed income will save far more to all generic manufacturers. The in- posed by Senator PRYOR, Senator from the availability of medicines that vestment of a generic drug manufac- BROWN, and Senator CHAFEE achieves eradicate the cause of his/her ulcer turer would have to be more than the result clearly intended by the after a few weeks of therapy than from merely the filing of an abbreviated new GATT treaty, and gives patients access a less expensive version of a medicine drug application [ANDA] for regulatory to expensive drugs they should have taken daily. approval with the FDA, although the had before now. Senate delay has cost On average, it takes 12 years and $360 costs of an ANDA could be included. American consumers, many living on million to bring a new drug to market. There have been a lot of questions meager incomes, millions of dollars. Research-based pharmaceutical firms raised concerning how this transition We owe it to them to close the Glaxo spend nearly $18 billion annually on re- would work and why, for example, cer- loophole today. search and development. This emphasis tain industries have been singled out GATT was intended to give longer on R&D has produced treatments not and required to meet special criteria patent terms to all patent holders. But, only for common conditions and ail- before they can bring their product to those drafting the legislation to imple- ments but also for life threatening dis- the market. In reality, under both cur- ment GATT recognized that longer pat- eases. The United States invests more rent law and the Judiciary Committee ent terms would be an injustice for than any other nation on research. I compromise, a generic company in any firms in many different industries who have received numerous letters from industry must go to court to prove sub- had been acting in good faith and pre- patient groups that are very concerned stantial investment, in order to bring paring to market products based on the that modifications to GATT will ad- its product to market. There is a prev- patent expiration date under prior law. versely impact research and develop- alent misconception that no other in- The GATT implementing law dealt ment particularly on orphan diseases dustry has to go to court to prove sub- with this problem through a fair com- for which it is not feasible to develop stantial investment. This is simply not promise, by permitting such firms to generic equivalents. We must continue true. begin marketing their products on the

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7122 CONGRESSIONAL RECORD — SENATE June 27, 1996 pre-GATT expiration date, if they had because of this mistake. Let’s not force late, seniors across this country have made a ‘‘substantial investment’’ or American consumers to absorb the cost continued to pay more than they commenced product activity before of Congress’s mistake any longer. The should for certain prescription drugs. June 8, 1995. The firm must, however, Senate should stop this price-gouging, The loophole is still open today. We pay the patent holder a fair price. support the Pryor amendment, and face the same issue—each and every Unfortunately, a mistake was made. close the Glaxo loophole. day. American consumers are paying Laws affecting all other industries Mr. PELL. I would like to clarify my millions of dollars more than they were modified to reflect the com- understanding of some language con- ought to. promise, but not the pharmaceutical tained in section 2(B) of the section of So let me suggest, as I view my re- industries. By an accidental oversight, the pending amendment entitled Deter- sponsibilities as a Member of this Congress failed to amend the relevant mination of Substantial Investment. Chamber, it is highly appropriate that FDA law. As a result, generic drug It is my understanding that this sec- we seek to correct this inequity and to companies that had planned in good tion of the legislation is meant to sim- provide the relief to which American faith to market products in reliance on ply set a standard for a determination consumers are entitled—and to do so the old law have been prevented from of ‘‘substantial investment’’ by a ge- immediately. taking their products to market as neric drug company at a level higher When the loophole closing amend- planned. The result is an unintended than the simple completion of paper- ment came to the Senate floor last fall, windfall worth vast sums to a handful work and testing necessary for filing of a critical vote was taken—and by a of brand-name pharmaceutical manu- an application submitted under section margin of only 1 vote—48 to 49—the facturers. One company in particular— 505 or 512 of the Federal Food, Drug, Senate defeated this important amend- Glaxo-Wellcome—has benefited im- and Cosmetic Act, the so-called ANDA, ment. A compromise was reached after that mensely from this windfall. To date, to the FDA. Is that so? vote. The Judiciary Committee would out of a total windfall of an estimated Mr. HATCH. That is correct. review the GATT Treaty problem, and $700 million; Glaxo-Wellcome alone has Mr. PELL. In that regard then, is it report back to the Senate with its rec- received $550 million. correct to say that under the language What has happened since discovery of of the amendment, when a company in- ommendation. This was to be a good the loophole is a lesson in greed. First, cludes information in its ANDA which faith effort to analyze the issue. It is fair to ask what the outcome of Glaxo and the other brandname manu- pertains to the capital investments it this review was? facturers began an intense lobbying has made in bringing a product to the The Judiciary Committee did report campaign to prevent this inadvertent market, such as the building of plants, out a substitute bill to our GATT mistake from being corrected. They buildings, or equipment or investments amendment—albeit 5 months after our claimed that correcting it would under- in developing manufacturing processes amendment was voted upon. cut pharmaceutical research and devel- or personnel, that that information can This substitute is called the Pharma- opment. But the windfall was com- be fully used in court proceedings to ceutical Industry Special Equity Act of pletely unexpected. Correcting the mis- prove its claim of substantial invest- 1996. It has a somewhat ironic ring to take will not deprive pharmaceutical ment. it. companies of any funds budgeted for Mr. HATCH. That is correct. Evi- Who does it benefit? research and development. In fact, cor- dence of plant construction, equip- It benefits the prescription drug in- porate profits, not research and devel- ment, and the like are exactly the type dustry in a very special way that is in- opment, will be the prime beneficiary of qualifying activities that the Judici- equitable to American consumers, and of the windfall. ary bill contemplates. particularly those on fixed incomes. Brand-name manufacturers also Mr. PELL. To be perfectly clear then, What we really are being asked to claimed that the correction would un- under the amendment, generic drug support today is a bill that CODI- dermine the GATT Treaty and weaken companies will be able to use all of the FIES—in my view codifies—the very the United States in world trade. information contained in their ANDA, GATT Treaty mistake our amendment That’s nonsense. Every other industry in addition to any other evidence they is trying to correct. A bill that con- in America is living successfully and wish, to assist in proving their claim of tinues the GATT treaty loophole for trading successfully under the GATT ‘‘substantial investment’’ in court. such drug manufacturers as Glaxco- compromise, and so can Glaxo- Mr. HATCH. That is correct. Wellcome, Inc. and its ulcer-heartburn Wellcome and other firms that are Mr. PELL. I thank the Senator for drug, Zantac—the world’s best selling reaping these windfall profits. that clarification. drug, which costs twice as much as it Once it became clear that the Senate Mr. BRYAN. Mr. President, last week should because of the loophole. would take action, brand-name manu- I joined my colleagues Senators PRYOR, More than 100 drugs are being pro- facturers helped shape the so-called CHAFEE, and BROWN in supporting and tected from generic drug competition Hatch ‘‘compromise,’’ which is no com- debating this loophole closing impor- because of this loophole. These include promise at all. Secretary of HHS tant amendment. I am glad that today the hypertension drug, Capoten, which Shalala has said that the Hatch bill we will get a vote on this issue. costs 40 percent more due to the loop- would be ineffective in giving generic As I said last week, what we are talk- hole—the cholesterol lowering drug drugs the same benefits available to ing about is money—big money—hun- Mevacor, the ulcer drug Prilosec, and other industries under GATT. The dreds of millions of dollars—even bil- the anti-fungal agent drug Diflucan. Hatch proposal will lead to years of lions of dollars. A bill that ensures that seniors litigation. It is a one-sided deal that When that kind of money is on the across this Nation will pay more than benefits Glaxo and other brand-name table, all kinds of special interests they should for prescriptions drugs drug companies at the expense of the come forward and seek to protect they need and that are essential to American consumer. The Senate is themselves. their health. awash in crocodile tears and campaign The fact is that the prescription drug A bill that ensures American tax- contributions. This scandal has to end. industry, through inadvertence and payers will pay more than they should The Pryor-Chafee-Brown proposal omission, has been given separate to provide prescription drugs for those corrects the error and achieves fairness treatment—separate, distinct, special essential programs offered by the De- for generic drug companies and con- treatment—that no other industry or partment of Defense, the Department sumers. The generic drug companies re- product in America receives. of Veterans Administration and other lied upon the law and made substantial Our amendment to correct this inad- agencies of the Federal Government investments to bring their products to vertence has the endorsement of the which purchase prescription drugs on market in good faith reliance on the U.S. Trade Representative, the Patent behalf of the clientele they serve. prior law. They should not be penalized Office, and the FDA plugs this loop- A bill that creates tremendous legal because Congress made a mistake. hole. barriers—in my view, insurmountable Consumers should not pay more for Since last December, as these wind- barriers—to the generic drug manufac- pharmaceuticals as they are now doing fall profits have continued to accumu- turing industry to ensure that these

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7123 manufacturers cannot bring to the dustry Special Equity Act—a mis- The U.S. negotiators indicated that marketplace lower priced prescription nomer if there ever was one. Its a spe- it was not their intent to exclude the drugs. cial interest provision. pharmaceutical industry from this pro- A bill that ensures the prescription My colleagues who talk the virtues of vision, and that the omission of the drug manufacturers keep their $2.3 bil- competition in the marketplace surely conforming language was an oversight. lion windfall, plus a bill that extends must find this substitute bill to be a According to former-U.S. Trade Rep- special patent extensions for two brand bit beyond the pale. resentative Mickey Kantor in a letter name drug companies—Zeneca and I remind my colleagues that there is to Senator CHAFEE, Wyeth Ayerst Laboratories which re- no reason to allow a limited number of This provision [the transition rules] was ceived a 2-year patent extension for prescription drug companies an unin- written neutrally because it was intended to Lodine, its anti-inflammatory medi- tended windfall profit to the detriment apply to all types of patentable subject mat- cine. of all Americans who depend upon pre- ter, including pharmaceutical products. Con- So what has occurred here? scription drugs in order to sustain forming amendments should have been made In my view, we have a situation to the Federal Food, Drug and Cosmetic Act their health. and Section 271 of the Patent Act, but were worse than before. Seniors, veterans, and the most vul- inadvertently overlooked. Not only do some prescription drug nerable in our country cannot fight the This oversight means consumers are companies retain their windfall prof- brand name pharmaceutical industry paying more for their drugs than would its—they are protected from nearly on their own. They deserve and need otherwise have been the case. If generic any possibility that any generic manu- our protection from an industry that is drug companies cannot bring their facturer will be able to compete trying to ‘‘codify’’ a mistake to ensure versions of drugs to market under the against them during the extended pat- their windfall profit margin. transition rules, consumers will be ent term. I hope my colleagues can see both forced to continue to pay more for Generic drug manufacturers will be this loophole for the mistake it is—and their prescriptions. As I stated pre- required to prove a substantial invest- this substitute bill for the even larger viously, nationwide, it is estimated the ment before being allowed to compete mistake it is. against any brand name drug. The key We have the ability to end this in- total cost to consumers may be $2.5 bil- change, however, is that this substan- equity now. The vote you cast today is lion. It has already cost consumers a tial investment requirement is being very clear. You vote for the pharma- great deal. The loophole is taking defined differently to ensure that ge- ceutical industry windfall, or you vote money out of the pockets of consumers neric manufacturers cannot—as a prac- for seniors and all consumers who need and adding additional costs to public tical matter—compete against any fair drug prices. Please join me in stop- health care programs that are cur- brand-name drug benefiting from the ping this travesty by supporting this rently putting a strain on Federal and extended patent period under the amendment. State budgets. We should not delay GATT Treaty. Mr. BYRD. Mr. President, Senator passing this legislation any longer. Under the substitute bill, substantial PRYOR has offered an amendment, of Senior citizens are especially im- investment is defined much differently. which I am a cosponsor, that would pacted by this Congressional oversight. Although seniors comprise 12 percent In addition, generic manufacturers are correct an unintended loophole created of the population, they use one third of required to make a determination of in the legislation implementing the all prescription drugs. At the same equitable remuneration to the brand General Agreement on Tariffs and time, seniors live on fixed incomes and name manufacturer before any generic Trade [GATT]. It is estimated that the oftentimes experience difficulty in af- drug to be manufactured. loophole will ultimately result in a You do not have to be a rocket sci- windfall profit of approximately $2.5 fording their prescriptions. It is out- entist to recognize those who are en- billion to certain drug companies. Con- rageous that Congress would worsen joying these windfall profits are not gress must take the responsible course the situation of seniors, and others who depend on prescription drugs, by going to be eager to agree as to what of action and correct its mistake by failing to enact legislation to correct equitable remuneration may be. In ef- passing the Pryor amendment. Time is running out to correct this this Congressional oversight. fect, we create a lawyers’ field day to Mr. President, this situation can eas- debate what is, in fact, equitable remu- matter. Each day of inaction results in increased costs to consumers. In addi- ily be remedied by adopting the Pryor neration. amendment. I urge my colleagues to The effect of the change is, first, it tion, to those who argue that this is support the Pryor amendment and to will be virtually impossible for any ge- not the appropriate vehicle, this oppose the substitute bill reported by neric manufacturer to meet the new amendment will result in savings to the Judiciary Committee. The Judici- substantial investment standard. the Department of Defense [DOD] via ary Committee version does not fix the Second, it will mean generic manu- the cost of prescription drugs pur- loophole. It will not ease the burden facturers will be tied up in court prov- chased through DOD health programs. this unintentional oversight by the ing substantial investment and what is How did this loophole come about? Congress has placed on the elderly, vet- equitable remuneration before they When Congress enacted the Uruguay erans, consumers, and taxpayers. The can bring any generic drug to be mar- Round Agreements Act [URAA], the Secretary of Health and Human Serv- keted. legislation implementing GATT, which Two obstacles, two hurdles, two bar- I opposed, it extended all patent terms ices, in a letter to Senator PRYOR on riers that, as a practical matter, are from 17 years from date of approval to the effect of the Judiciary Committee bill, states, going to be virtually insurmountable. 20 years from the filing date. In addi- Who is being forgotten? Who gets tion, the legislation allowed generic In brief, despite the bill’s declared intent hurt by this change? companies to market their products as to eliminate the unequal treatment of ge- of the 17-year expiration date if they neric drugs created by the URAA, S. 1277 as Those Americans particularly that ordered reported would be ineffective in af- are on a fixed income. That is pri- had made a substantial investment and fording generic drugs the same transitional marily our senior community. They would pay a royalty to the patent hold- period benefits given to other technologies, have been paying and will continue to er. The carefully constructed transi- leaving the generic drug industry for all pay more than they should—for lack of tion rules were meant to apply to all practical purposes at the same disadvantage a prescription drug alternative. industries. However, because con- as under current law. I am puzzled as to why anyone be- forming language to the Federal Food, The Judiciary Committee bill would lieves it is equitable to force seniors— Drug, and Cosmetic Act was inadvert- result in lengthy litigation keeping ge- many on very limited incomes—to pay ently omitted, this provision does not neric drugs off the market and the more for a drug than they should so apply to the generic pharmaceutical costs of certain prescription drugs high prescription drug manufacturers can industry. The result is that the drug for consumers. Whereas other indus- continue to reap the windfall profits industry is the only industry that is tries may go to market first and then that this loophole has created. shielded from generic competition have the questions regarding substan- I must say I am astonished by the under GATT during the extended pat- tial investment and equitable remu- provisions of this Pharmaceutical In- ent term. neration decided by the courts, the

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7124 CONGRESSIONAL RECORD — SENATE June 27, 1996 substitute would require these issues circumstances. They believed, in good ator PRYOR attempted to have this to be determined before a generic drug faith, that under the GATT they would matter attached to the bill to ban par- could be marketed. In addition, al- be able to proceed to market, with tial-birth abortions. The Senate voted though the legislation implementing some new limitations, on the same at that time to have the Judiciary GATT does not define substantial in- timetable which existed prior to Sen- Committee—that is the Committee vestment, the substitute includes a def- ate passage of the GATT implementing with proper jurisdiction—to consider inition of substantial investment that legislation. Only the Pryor amendment this important issue. The Judiciary is extremely onerous. The bottom line allows us to bring about what I believe Committee held a comprehensive hear- is that the substitute will not remedy is the fairest possible solution. ing on this matter on February 27 of the situation and consumers will be This is the primary reason why I can- this year and Senator PRYOR testified left to pay the price as they are now not support the amendment being of- at that time. because of Congress’ failure to adopt fered by the Senator from Utah. I un- Mr. President, following the hearing the Pryor amendment when it was derstand and respect his concerns on in the Judiciary Committee, of which I brought up last December. Let us not this issue. I, however, am concerned am a member, the committee amended squander this additional opportunity about whether under his amendment, a proposal similar to Senator PRYOR’s Senator PRYOR has given the Senate to the generic pharmaceuticals will be amendment with a bipartisan com- do the right thing. I urge my col- able to get to market in a timely fash- promise. The Judiciary Committee ap- leagues to pass the Pryor amendment. ion. While the Senator’s amendment proved the compromise. This bill will Mr. KEMPTHORNE. Mr. President, offers some relief to the generic drug be available for Senate floor consider- the issue of pharmaceutical patents makers if they are unnecessarily pre- ation in due course. It would be most under the General Agreement on Tar- vented from going to market, I do not appropriate to consider Senator iffs and Trade [GATT] has been under believe it truly restores fairness. It PRYOR’s amendment at that time. The review by this body for some time. Well also does not offer any protection to Department of Defense authorization respected individuals—from the Sen- the consumers who will be saddled with bill is not the proper vehicle on which ate, from the Administration, and from higher drug prices during the interim. to debate the Pryor amendment. Unfor- the private sector—weighed in on both Another issue which must be ad- tunately, we are now having to debate sides of the issue. Last December, I dressed is that of medical research. I this contentious intellectual property joined my Senate colleagues in voting have heard the concern expressed that issue and I am compelled to support to send this matter to the Judiciary if the Pryor amendment becomes law the second degree amendment offered Committee for hearings because I felt future research into new and improved by the chairman of the Judiciary Com- many questions remained unanswered pharmaceuticals will not occur or will mittee, Senator HATCH. about how certain patents were treated be significantly reduced. I simply do The second-degree amendment re- under the GATT. With no clear legisla- not believe this is true. Even if the flects the bipartisan compromise tive history to follow, I believed—and Pryor amendment is adopted, the re- agreed upon by the Judiciary Com- still believe—it was important for Con- search-based pharmaceutical manufac- mittee. Senator HATCH has spoken on gress to carefully review the issue and turers will benefit more than if the the practical effect of this amendment get to the heart of the matter. GATT had not been approved. The which he drafted with others when this I am pleased to note that my distin- claim that only the granting of an ex- matter was before his Committee. guished colleague from Utah, Senator clusive patent extension will guarantee Mr. President, as I noted earlier, this HATCH, followed through on his com- future advancements in pharma- is a very difficult and complex issue mitment to hold hearings on pharma- ceutical research is an argument I do which addresses how certain transition ceutical patents and the GATT, just as not accept. rules contained in the Uruguay Round I knew he would. With his long history The Pryor-Brown-Chafee amendment Agreements Act apply to the pioneer on addressing issues of concern to the will get certain generic medications pharmaceutical patents which have generic drug industry, I had no ques- into the hands of the people within the been extended by the act. The overall tion that he would do all he could to time frame all parties reasonably ex- approach to this issue is to find an ap- get to the bottom of this issue. The pected prior to the passage of the propriate balance to encourage re- subsequent hearings were sorely needed GATT implementing legislation, sav- search and development of break- so that the Senate could adequately ing consumers and the Government through innovator drugs while making consider the ramifications of the var- millions of dollars in the process. For low cost generic equivalents available ious courses of action proposed on this this reason, I believe the amendment is to the public. The Judiciary Com- matter. Taking some time to ade- the correct course of action for the mittee approved one approach which quately review an issue leads to better Senate to follow. many believe reaches the goal of en- legislation and better results for Amer- Mr. HATCH. Mr. President, how couraging research and development icans. This is a serious matter, and de- much time do I have left? but also expediting their generic served serious and thoughtful review. The PRESIDING OFFICER. The Sen- equivalents to the marketplace. Since those hearings concluded I ator’s time has expired. It would be my preference to debate have carefully reviewed the record on Mr. HATCH. I yield the floor. the Pryor amendment when the full this complex issue. Based on this infor- Mr. THURMOND addressed the Chair. Senate turns to consideration of the mation, I have concluded that the The PRESIDING OFFICER. The Sen- bill recently approved by the Judiciary question at hand is indeed the result of ator from South Carolina. Committee. That would seem to me to a drafting oversight in the GATT im- Mr. THURMOND. Mr. President, I be the appropriate time to consider the plementing language, and, as a result, I ask unanimous consent for 4 minutes Pryor amendment. Yet, here we are on will support the amendment offered by to make final remarks on this amend- the Defense bill debating the Pryor my colleague from Arkansas, Senator ment. amendment in a compressed manner PRYOR. The PRESIDING OFFICER. Without that does not avail itself to full discus- I believe very valid concerns were objection, it is so ordered. sion. I urge my colleagues to support raised when this amendment was first Mr. THURMOND. Mr. President, I the second-degree amendment which is introduced. Because of this, it is not an rise as a cosponsor and in support of essentially the compromise language easy task to choose between amend- the second degree amendment offered already approved by the Judiciary ments offered by my two distinguished by Senator HATCH. The underlying Committee. colleagues. In this case, however, I feel PRYOR first degree amendment con- Mr. President, I yield the floor. the right decision is the one which re- cerns the complex interrelationship The PRESIDING OFFICER (Mr. stores fairness to this matter. The ge- among the GATT Treaty, the Federal ABRAHAM). The question is on agreeing neric drug manufacturers moved ahead Food, Drug and Cosmetic Act, and the to the amendment of the Senator from with their plans on the good faith ef- Patent Code. Utah, amendment No. 4366. fort that they would be treated the We considered this very issue last De- Mr. HATCH. I ask for the yeas and same as other industries with similar cember on the Senate floor when Sen- nays.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7125 The PRESIDING OFFICER. Is there a before. But that is the prerogative of ary Committee, Senator BIDEN, who, I sufficient second? each Senator. think, made a real difference on this There is a sufficient second. Mr. President, I see no real reason to matter with the suggestions he made. The yeas and nays were ordered. put the Senate through this vote again Last but not least, Senator HEFLIN The PRESIDING OFFICER. The because I think there would probably played a significant role in this, as has question is on agreeing to amendment be no changes. Therefore, I congratu- Senator THURMOND, and others. No. 4366 of the Senator from Utah. The late the Senator from Utah in his real I will not take any more time of the yeas and nays have been ordered. The win today. I thought we were within Senate. I want everybody to know that clerk will call the roll. about one or two votes difference, but I appreciate those who voted with us, Mr. SIMPSON (when his name was evidently that was not the case. I do and I respect those who voted against called). Present. feel, Mr. President, and I would like to us—especially my dear friend from Ar- Mr. NICKLES. I announce that the say that I think, ultimately, this cor- kansas. Senator from Oregon [Mr. HATFIELD] is rection needs to be made in the GATT Mr. PRYOR. Mr. President, if I might necessarily absent. treaty. I feel very, very strongly about respond by thanking the Senator for The PRESIDING OFFICER. Are there this. his very kind and generous words. I am any other Senators in the Chamber de- If there is another way to frame this deeply grateful for that. I have enjoyed siring to vote? issue, or another way on another day a splendid relationship with Senator The result was announced—yeas 53, to have a debate on this matter so that HATCH through this fight and other nays 45, as follows: we can have more competition in the issues. He has always been a gentleman [Rollcall Vote No. 179 Leg.] drug market, then I am going to, once in every respect. He is a very eloquent YEAS—53 again, rise on this floor and try to adversary, I might say. Abraham Gramm McConnell present that case to my colleagues. Mr. President, I also want to say a Ashcroft Grams Mikulski Once again, I congratulate the Sen- special word of thanks to the Senator Bennett Grassley Moseley-Braun ator from Utah. I think I know when I from Rhode Island, Senator CHAFEE, Biden Gregg Murkowski am defeated. I think today we were de- who has been our ally in this fight, not Bond Harkin Nickles Burns Hatch Nunn feated. I am very sorry for the out- only in the Senate Committee on Fi- Campbell Heflin Pell come. But the Senate, Mr. President, nance, but on the floor of the Senate. Coats Helms Rockefeller He and his staff have been unfailing in Cochran Hollings has spoken, and I bow to the will of Roth Coverdell Hutchison this great body. their support. We are very grateful for Santorum D’Amato Inhofe Mr. HATCH. Mr. President, I want to the opportunity to work with him and Shelby DeWine Johnston compliment my colleague. I have been by his side. Also, I thank the Senator Dodd Kassebaum Specter Domenici Kyl Stevens debating with our fellow Senators here from Colorado, Senator BROWN, and the Faircloth Lautenberg Thomas for 20 years, and I have to say that no other cosponsors of this particular Frahm Lieberman Thompson one has worked me over with greater amendment. Frist Lott Thurmond regularity, or in a nicer way and with Once again, Mr. President, I see no Gorton Mack Warner greater decency, than my dear friend need to put the Senate through this NAYS—45 from Arkansas. I do not think anybody vote again. I guess I will ask the lead- Akaka Dorgan Levin in this body is going to miss him any ership if they would like to attempt to Baucus Exon Lugar vitiate the unanimous-consent agree- Bingaman Feingold McCain more than I. Boxer Feinstein Moynihan This has been a very difficult debate. ment. Bradley Ford Murray The Senator from Arkansas is very sin- Mr. President, I yield the floor. Breaux Glenn Pressler cere. He believes in what he is doing. VOTE ON AMENDMENT NO. 4365, AS AMENDED Brown Graham Pryor Bryan Inouye Reid He made arguments that I know he be- The PRESIDING OFFICER. The Bumpers Jeffords Robb lieved. I want everybody to know that question now is on agreeing to amend- Byrd Kempthorne Sarbanes I am very sincere, too. ment No. 4365 by the Senator from Ar- Chafee Kennedy Simon I really believe in this GATT treaty. Cohen Kerrey Smith kansas, as amended by the Senator Conrad Kerry Snowe My Committee has jurisdiction over from Utah. Craig Kohl Wellstone patent, copyright, and trademark The amendment (No. 4365), as amend- Daschle Leahy Wyden issues and I have worked with these ed, was agreed to. ANSWERED ‘‘PRESENT’’—1 issues during my whole Senate career. Mr. HELMS. Mr. President, I move to Simpson I believe this is a tremendously im- reconsider the vote, and I move to lay portant issue. that motion on the table. NOT VOTING—1 Although my colleague and I differ The motion to lay on the table was Hatfield here today—and I feel badly that my agreed to. The amendment (No. 4366) was agreed colleague feels badly—I know that no- Mr. BYRD. Mr. President, if no other to. body could have put up a more noble or Senator seeks recognition, I have a Mr. THURMOND. Mr. President, I hard fight than he did. I hope that this brief statement I will make. But I will move to reconsider the vote. is now resolved. be glad to yield the floor if another Mr. HATCH. Mr. President, I move to There are two good sides to this Senator wishes to proceed with an lay it on the table. issue. amendment. The motion to lay on the table was Senator PRYOR is trying to help con- Has the Pastore rule run its course agreed to. sumers. I am trying to help consumers. for the day? The PRESIDING OFFICER. Under We have people on the outside trying The PRESIDING OFFICER. We are the previous order, the Senator from to malign both of us, and both of us are calculating. The Pastore rule expired Arkansas is to be recognized. trying to do our jobs in the Senate. We at 12:30. Mr. PRYOR. Mr. President, earlier just happen to disagree on how it Mr. BYRD. I thank the Chair. today the Senate agreed to a unani- should be done. Mr. President, I will yield the floor mous-consent request agreement I respect my colleague from Arkan- to the distinguished Senator from whereby at this point I would be recog- sas. Georgia with the understanding that I nized to offer the Pryor-Chafee-Brown I also want to pay particular tribute do not lose my right to the floor. amendment. This last vote, of course, to the distinguished Senator from AMENDMENT NO. 4367 was an up or down vote on the amend- Pennsylvania, Senator SPECTER, who (Purpose: To require the President to submit ment offered by the Senator from has worked long and hard to try and a report on NATO enlargement to Congress.) Utah. make the agreement that came out of Mr. NUNN. Mr. President, I send an Mr. President, I think the Senate has the Judiciary Committee one that amendment to the desk and ask for its spoken. I am sorry the Senate spoke in would function and work. immediate consideration. this manner, as we lost some key Sen- I pay tribute to my distinguished The PRESIDING OFFICER. The ators who had supported our position ranking Democrat leader on the Judici- clerk will report.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7126 CONGRESSIONAL RECORD — SENATE June 27, 1996 The assistant legislative clerk read of us here in the Senate. He had told that helped him just as he helps me in as follows: his mother that he would deliver such this. The Senator from Georgia [Mr. NUNN], for a eulogy. At the time he talked about So I do thank him for doing that. I himself, Mrs. HUTCHISON, Mr. BRADLEY, Mrs. it with her, he thought that the time told my good friend from West Virginia KASSEBAUM, and Mr. COHEN, proposes an that eulogy would be expressed was that among my mother’s possessions amendment numbered 4367. perhaps some years away. But we have were letters that he had sent her on Mr. NUNN. Mr. President, I ask no way of knowing what another day different occasions—birthdays, and unanimous consent that reading of the will bring forth. whatnot. Among the things she had amendment be dispensed with. He bade his wonderful mother a beau- collected were speeches of his in the The PRESIDING OFFICER. Without tiful farewell. But, as with all fare- CONGRESSIONAL RECORD and poems that objection, it is so ordered. wells, things will forever be changed. he had spoken. (The text of the amendment is print- There are relationships and rituals in He is the only person I have ever seen ed in today’s RECORD under ‘‘Amend- the Leahy family often, but nothing who is able to recite poetry of all types ments Submitted.’’) will ever be quite the same anymore. at great length with nary a note. She Mr. NUNN. I thank the Senator from As Senator LEAHY and his family tra- read those. And in the later years, West Virginia. verse the familiar but ever difficult when her eyes failed, I would read to I yield the floor. process of letting go, my heart goes out her ‘‘The History of the Senate.’’ f to them. But, as he already knows, and So, my friend, thank you. as is so evident in his beautiful tribute I yield the floor. LETTING GO OF THE ONES WE to his mother’s life, as they always do, Ms. MOSELEY-BRAUN. Mr. Presi- LOVE the memories will never cease to sus- dent, at the outset, I would like to add Mr. BYRD. Mr. President, earlier tain us. my sympathy and my condolences to my friend, Senator PAT LEAHY. I would today, Senator Leahy rose to pay trib- Let Fate do her worst, there are relics of joy, ute to his late mother, Alba LEAHY, Bright dreams of the past, which she cannot not have known but for the eloquence who passed away last month. It was a destroy; of the Senator from West Virginia. Cer- beautiful tribute, filled with memories Which come, in the night-time of sorrow and tainly, I know that all of us join in our about the love that his mother radi- care, thoughts and prayers at a very sad ated throughout her life and about the And bring back the features that joy used to time. people which that love nourished. I was wear. (The remarks of Ms. MOSELEY-BRAUN moved by reading Senator LEAHY’s re- Long, long, be my heart with such memories pertaining to the introduction of S. marks. The memories he conveyed filled, 1911 are located in today’s RECORD were so vivid because, some 14 years Like the vase in which roses have once been under ‘‘Statements on Introduced Bills distilled, ago, I sustained a great loss. Upon two and Joint Resolutions.’’) You may break, you may shatter the vase, if Mr. SANTORUM. Mr. President, I or three occasions, I attempted to you will, make reference to that loss and give a But the scent of the roses will hang round it suggest the absence of a quorum. tribute to my departed grandson. still. The PRESIDING OFFICER. The I came to this same Senate floor and clerk will call the roll. Mr. LEAHY addressed the Chair. The assistant legislative clerk pro- gave a eulogy for my grandson, and it The PRESIDING OFFICER. The Sen- ceeded to call the roll. was a very difficult thing to do. And I ator from Vermont. Mr. HELMS. Mr. President, I ask know that Senator LEAHY’s remarks Mr. LEAHY. Mr. President, I thank unanimous consent that the order for today were very hard for him to de- my dear friend from West Virginia. I the quorum call be rescinded. liver. have been privileged to serve with him The PRESIDING OFFICER. Without Letting go of those whom we love is for now 22 years, and I daresay that ev- objection, it is so ordered. one of the most trying experiences, if erything I have learned about the rules not the most trying experience, in and protocol of this body I have f human existence. But looking back learned from him. But I have learned CONDEMNATION OF TERROR over a road of 78 years, it seems to me far more than that. ATTACKS IN SAUDI ARABIA that much of life is about the seem- I have learned from my good friend Mr. HELMS. Mr. President, I send a ingly simple process of letting go. It from West Virginia the special bond Senate resolution to the desk and I ask begins early in our human experience, that Senators have. It really goes be- that it be stated. as we let go of the security of our yond party, or region, or anything else. The PRESIDING OFFICER. The mother’s arms, our mother’s lap, of our And when my good friend from West clerk will report. favorite toys—if we were fortunate Virginia, Senator BYRD, called me the The assistant legislative clerk read enough to have any toys—of childhood weekend my mother died, when I was as follows. friends, of the house in which we grew at my farmhouse in Vermont, his A resolution (S. Res. 273) condemning ter- up, our favorite teachers, and the bliss- words touched me as a friend, as a Sen- ror attacks in Saudi Arabia: ful security of being still a child. ator, as a colleague, and as one who S. RES. 273 It continues throughout life, as we knew my mother and knew my late fa- Whereas on June 25, 1996, a massive truck let go of our youth, as we watch our ther. His words were a great comfort to bomb exploded at the King Abdul Aziz Air children grow up, as we watch them go me and to my family at that time, as Base near Dhahran, in the Kingdom of Saudi away, as we say our final goodbyes to they are today. Arabia; Whereas this horrific attack killed at least our parents and other loved ones, and He is right. There are times, of nineteen Americans and injured at least at last we let go even of our own earth- course, when we have to let go in our three hundred more; ly existence to progress along the path- lives. I know the great tragedy that Whereas the bombing also resulted in 147 way to an unknown final destination. the Senator from West Virginia had in Saudi casualties; Somehow, although we spend our his own life more than a decade ago— Whereas the apparent target of the attack lives letting go and moving on, it never almost a decade and a half ago now. I was an apartment building housing United States service personnel; becomes any easier. The practice never recall sitting in his office on a rainy Whereas on November 13, 1995, a terror at- seems to make perfect; never seems to evening once when we talked of that tack in Saudi Arabia, also directed against ease the pain of all of the goodbyes. great tragedy. I could understand, not U.S. personnel, killed five Americans, and The best that we poor humans can do is from a parental or grandparental feel- two others; to handle the letting go with a mod- ing, but more through my own experi- Whereas individuals with ties to Islamic icum of dignity, to soothe the outward ences as a prosecutor. I grieved for extremist organizations were tried, found signs of pain with ceremony and nour- him, and I know how much he has guilty and executed for having participated in the November 13 attack; ish the lingering void inside with the grieved over the years since then. But Whereas United States Armed Forces per- sustenance of memories. I think he found during that time, and sonnel are deployed in Saudi Arabia to pro- So, today Senator LEAHY shared since, that it is his own friends and the tect the peace and freedom secured in Oper- some of his precious memories with all words and thoughts of those friends ations Desert Shield and Desert Storm;

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7127 Whereas the relationship between the cowardly and contemptible attack on been lost. Last November, there was United States and the Kingdom of Saudi United States military personnel in another bombing. I think it is very im- Arabia has been built with bipartisan sup- Dhahran, Saudi Arabia. portant for us to recognize that this port and has served the interest of both All of us send our condolences to the administration has an obligation to countries over the last five decades and; Whereas this terrorist outrage underscores families of the 19 brave Air Force serv- take every possible measure to protect the need for a strong and ready military able icemen and women who died in the at- the lives of these young men and to defend American interests. tack, and we offer our prayers to the women in Saudi Arabia. Resolved, That the Senate— hundreds of wounded U.S. military per- Since the last bombing in November, (1) condemns in the strongest terms the at- sonnel. the President of the United States held tacks of June 25, 1996, and November 13, 1995 This tragedy has touched my home an antiterrorism summit which took in Saudi Arabia; State of North Carolina. Airman 1st place at a resort in Egypt. I have no (2) extends condolences and sympathy to Class Paul Blais of Kinston was among idea how many millions of dollars it the families of all those United States serv- those killed in the bombing. We send took to provide security. There was 240 ice personnel killed and wounded, and to the minutes of opening statements made at Government and people of the Kingdom of our condolences and prayers to his Saudi Arabia; family. Also we convey our deepest this antiterrorism summit, 40 minutes (3) honors the United States military per- sympathies to the people and the Gov- of discussion, and then all participants sonnel killed and wounded for their sacrifice ernment of Saudi Arabia for the many went out for a nice photo-op where in service to the nation; scores of Saudi citizens who were they all, in an almost teenage fashion, (4) expresses its gratitude to the Govern- wounded in the attack. raised each other’s arms in the air and ment and the people of the Kingdom of Saudi Mr. President, the United States is a celebrated the end of terrorism. Arabia for their heroic rescue efforts at the To my knowledge, Mr. President, scene of the attack and their determination world leader, a nation with global re- sponsibilities, and is therefore nec- there was no concrete action taken as to find and punish those responsible for this a result of this photo-op antiterrorism outrage; essarily obliged to assign young Ameri- (5) reaffirms its steadfast support for the cans in uniform to almost every corner summit. So now we have the next trag- Government of the Kingdom of Saudi Arabia of the world to protect the interests of edy and the next outrage. What is the and for continuing good relations between the American people and our allies. President of the United States going to the United States and Saudi Arabia; When and wherever young Americans do? He is going to raise it at the G–7 (6) determines that such terrorist attacks sacrifice their lives we are reminded of Summit and make the G–7 Summit an present a clear threat to United States inter- the big price paid to maintain Amer- antiterrorism summit. ests in the Persian Gulf; Meanwhile, the Secretary of State ica’s global obligations. This price has (7) calls upon the United States Govern- has just gone back to Damascus again. been especially high in Saudi Arabia, ment to continue to assist the Government I remind my colleagues that Syria is of Saudi Arabia in its efforts to identify where another bombing last November still a nation listed as a terrorist na- those responsible for this contemptible at- killed five Americans. Despite the cost, tion by the State Department. I might tack; Mr. President, we must stand firm in (8) urges the United States Government to point out it was his 25th trip to Syria. our support for Saudi Arabia. I saw Mr. Netanyahu, the new Prime use all reasonable means available to the Terrorists will not and cannot drive Government of the United States to punish Minister of Israel, last night, and he the parties responsible for this cowardly the United States out of Saudi Arabia. made a very important point I think, bombing and; U.S. interests in that country, and in and that is that first we have to have (9) reaffirms its commitment to provide all the Persian gulf, are clear and compel- security before we can have peace. necessary support for the men and women of ling. We have a vital national interest Perhaps some people have those pri- our Armed Forces who volunteer to stand in in maintaining the stability of this orities reversed. If we want to stop ter- harm’s way. strategically important region and rorism, we do not attack it at the end The PRESIDING OFFICER. Is there shielding our friends in the gulf from of the line, the end of the chain where objection to the immediate consider- the expansionist designs of rogue re- the act of terrorism takes place. We go ation of the resolution? gimes in Iran and Iraq. to the source. There being no objection, the Senate Mr. President, since the dust has I do not know whether this act of ter- proceeded to consider the resolution. barely settled from the blast, the facts ror or the one before were orchestrated Mr. HELMS. Mr. President, I wish to are not yet entirely clear. Nobody yet from within and are simply part of the stress that this is a bipartisan resolu- knows who is responsible for this cow- internal Saudi Arabian situation—al- tion, and I wonder if I might ask the ardly attack. I am confident that our though I should note that four individ- distinguished clerk to read the cospon- Saudi friends will make every effort to uals were beheaded by the Saudis re- sors so that they might be shown in the apprehend and punish those guilty of cently because they were supposed to RECORD. this outrage and if this bombing turns have been the culprits in the November The assistant legislative clerk read out to be the work of a hostile foreign bombing that took five American lives. as follows: government, I hope that the President I do not think many of us think that Mr. HELMS, for himself, Mr. PELL, Mr. will respond swiftly and harshly. trading of lives is really a satisfactory LOTT, Mr. DASCHLE, Mr. BROWN, and Mrs. Through this tragedy, we must re- answer, which emphasizes my point of FEINSTEIN. member to thank our friends in Saudi the President taking care of the prob- Mr. REID. Mr. President, I ask unan- Arabia for their rescue efforts, which lem after rather than before it has imous consent that I be allowed to be have won praise from United States of- done the damage. But I also do not listed as a cosponsor of this measure. ficials. We should be grateful for the know, nor do any of us yet know, if Mr. HELMS. I thank the Senator. lives that may have been saved by this act of terror was orchestrated Ms. MOSELEY-BRAUN. Mr. Presi- their prompt reaction. from without, by well-known terrorist dent, I ask unanimous consent to also Mr. MCCAIN addressed the Chair. organizations such as Hezbollah. be added as a cosponsor. The PRESIDING OFFICER. The Sen- I am not an expert on acts of ter- Mr. HELMS. I certainly thank the ator from Arizona. rorism. I do know something about the Senator. Mr. MCCAIN. Mr. President, I join conduct of warfare. From what I have Mr. BRYAN. Mr. President, I like- with my colleague from North Carolina seen of this act, it required a signifi- wise ask unanimous consent that I be and applaud his action and believe that cant amount of sophistication, plan- added as a cosponsor. all of us obviously share his view, his ning, and execution. Apparently, there Mr. HELMS. I thank all three Sen- outrage and his sorrow, especially for were people who were seen in and ators. the young man from the State of North around the compound, checking out The PRESIDING OFFICER. Without Carolina who was killed. the security points, passers-by asking objection, it is so ordered. I also think we should consider some questions, and of course, as we know, a Mr. HELMS. Mr. President, all de- salient facts. One is that this is not the warning was sounded but, unfortu- cent and honorable human beings join first act of terror that has been com- nately and tragically, too late. But I in the condemnation of the brutal ter- mitted in Saudi Arabia. It is not the suggest, if it is Hezbollah or if it is an- rorists who participated in Tuesday’s first time that American lives have other terrorist organization which has

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7128 CONGRESSIONAL RECORD — SENATE June 27, 1996 been provided training by either the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Iranians or the Syrians, then I suggest objection, it is so ordered. objection, it is so ordered. we should respond and respond in the f AMENDMENT NO. 4367 strongest fashion. Mr. NUNN. Mr. President, in the in- NATIONAL DEFENSE AUTHORIZA- I do not say every situation is simi- terest of time, while we are waiting on TION ACT FOR FISCAL YEAR 1997 lar, but I do remember with great clar- an amendment to be presented, I will ity after the bombing of a cafe in Ger- The Senate continued with the con- go ahead and make my remarks on the many where American lives were sideration of the bill. amendment which was pending and taken, and we traced it back to Mr. Qa- AMENDMENT NO. 4367 which has been temporarily laid aside. dhafi, and there was a bombing raid on Mr. BROWN. Mr. President, I want to This amendment has been offered on Mr. Qadhafi, Mr. Qadhafi has been very express my thanks to the distinguished behalf of myself, Senator HUTCHISON, quiet ever since then—ever since. I do Senator from Georgia. We have some Senator BRADLEY, Senator KASSEBAUM, not suggest we bomb Damascus. I am difference of opinion over the NATO and Senator COHEN. I note at the out- not suggesting that we do anything to expansion amendment. The Senator set this amendment is not intended to the Iranians militarily. That is a deci- has gone out of his way to advise me prejudice the case for or against NATO sion that the President as Commander that he was going to offer it, and out of enlargement or even the pace at which in Chief makes, sometimes in consulta- consideration, to let me have a copy in NATO might enlarge. tion with the leaders of Congress. advance. And he also was kind enough The amendment requires the Presi- What I am suggesting is that to adjust the time of which he would dent to submit a report on NATO en- antiterrorism photo ops do not do the offer it on the floor to fit my schedule. largement to the Senate Armed Serv- job. The United States should lead. The I was tied up in a meeting on Afghani- ices Committee and their counterpart United States should urge our allies to committee in the House at the same cooperate and assist us. I think it is stan I was chairing, and I could not be here. I think he exhibits exceptional time that the President submits the about time. There seems to be some budget request for fiscal year 1998 to problem between ourselves and our Eu- courtesy. I want to express my thanks to the Senator from Georgia for his the Congress. ropean allies as to how to treat Iran. I This amendment is designed to pro- consideration. would remind our European friends— vide the information that will stimu- Mr. NUNN. I thank the Senator very and they are indeed our close and dear late a comprehensive and informed dis- much. I look forward to working with friends—that there are 20,000 American cussion in the Congress on this impor- him. As I mentioned, I have not spoken troops in Bosnia as we speak, who have tant matter. If there are questions that on this subject yet. But as I talked to their lives on the line. We believe that are not in this amendment that people the Senator from Colorado and the Iran is a threat to the peace and secu- on the other side of the aisle or this Senator from Arizona, it is my intent rity, not only of the West, but the men side think should be added, I certainly in this amendment, and the intent of and women in our military. would be receptive to that. So I applaud the Senator from North all of us, not to tilt this amendment Mr. President, there have been a Carolina for his resolution. I know all one way or the other, but, rather, to number of editorials and op-ed pieces of us support it. All of us share in the ask the questions that need to be asked favoring a rapid pace for NATO en- anguish and the anger and the sorrow before we make this very important de- largement. These pieces generally of the families of Americans who have cision about expanding an alliance focus on two aspects. First, on the suffered death and injury in this latest where we extend article V protection. positive side, the need for greater secu- outrage. Words do not adequately de- And article V protection includes nu- rity for Poland, Hungary and the Czech scribe how strongly we feel about that. clear protection. That is a very serious Republic so they can continue on the But now, or very soon, our efforts matter. road toward democratization and free should be made to prevent a recurrence I think we have not started nor has market economies. On the second side of this tragedy, this kind of tragedy the administration thought through is the need to ensure that Russia does which has already happened twice in nor has NATO thought through some of not have a veto over the process by the country of Saudi Arabia. The an- the tough questions here. We all have which NATO decides to enlarge. swer is not to leave Saudi Arabia, Mr. an obligation to do that. This could be There have also been a number of edi- President, in my view, because when a matter before the Senate for ratifica- torials and op-ed pieces opposing NATO we leave countries because Americans tion of the expansion of the treaty next enlargement. These opposition pieces are killed, it only encourages our ad- year. tend to focus on the potential that versaries to kill other Americans in So it is my intent to have questions NATO enlargement would have to other countries. But we do owe these that are tough questions, the hard produce the very thing that we are try- men and women who have volunteered questions, but also fair questions, on ing to prevent; namely, a Russian mili- to defend the Nation, not only every both sides. I invite my colleagues that tary threat to European security and possible security measure—which I am may perceive that this is a tilt, one also the impact it would have on sure is being taken as we speak—but way or the other, to work on the lan- Ukraine, Latvia, Lithuania and Esto- we owe them a response. We owe a re- guage. And I would certainly be ame- nia if those nations were not included sponse to this act of terror, which will nable to taking a look at their sugges- in the first stage of NATO enlarge- prevent further acts of terror from tions. ment. being contemplated by the evil that So Mr. President, I ask unanimous What is missing, however, are a num- seems rampant through the world. consent that this amendment be tem- ber of other issues that are directly in- I yield the floor. Mr. President, I sug- porarily laid aside. We will continue to volved in NATO enlargement that have gest the absence of a quorum. work on it. So we are open for amend- not been discussed in the various com- The PRESIDING OFFICER (Mr. BEN- ment. I know Senator THURMOND and I, mentary on either side of the issue and NETT). The clerk will call the roll. The legislative clerk proceeded to as managers of this bill, encourage peo- that need to be carefully considered. call the roll. ple to come down with relevant amend- This amendment provides for the Presi- Mr. BROWN. Mr. President, I ask ments on the defense matter. dent’s report to comprehensively dis- unanimous consent that the order for The PRESIDING OFFICER. Without cuss a host of issues. In the interest of the quorum call be rescinded. objection the amendment is laid aside. time, I will mention only a few of the Mr. NUNN. I object. Mr. NUNN. I suggest the absence of a issues for purposes of illustration. The PRESIDING OFFICER. Objec- quorum. What would the cost be for NATO en- tion is heard. The clerk will continue The PRESIDING OFFICER. The largement and who would pay these to call the roll. clerk will call the roll. costs? Certainly that is a question the The legislative clerk proceeded to The legislative clerk proceeded to American people are entitled to have call the roll. call the roll. us debate and actually examine and Mr. BROWN. Mr. President, I ask Mr. NUNN. Mr. President, I ask present. There ought to be at least unanimous consent that the order for unanimous consent that the order for some projection of that by the adminis- the quorum call be rescinded. the quorum call be rescinded. tration and by NATO.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7129 Incidentally, the Congressional Budg- opportunity and the ability to trade have to address with respect to the et Office has concluded a study on the with the European nations and with ratification of any agreement to en- cost of defending the Visegrad coun- other nations in the world. What are large NATO, and that both the Senate tries—that is Hungary, the Czech Re- the Europeans going to do about open- and House will have to address with re- public, and Poland—over the 15-year ing the European Community to these spect to the funding of the costs associ- period from 1996 through 2010. That nations? I know the administration is ated with NATO enlargement, is the study concludes that the cost would going to have to give their best esti- question of extending our nuclear um- range from $61 billion to $125 billion. mate on this. Certainly we cannot brella over any new NATO members. Whatever part of that range you speak for the Europeans. But at least it Mr. President, this is an extraor- choose, this is a substantial amount of is something we ought to consider very dinarily serious decision, and I hope money. It seems to me the Senate of strongly. that a comprehensive report by the the United States is not performing its There is another very important part President, which is called for in this duty if we do not tell the administra- of this expansion that has not been amendment, would provide much of the tion we want an answer to this ques- talked about. What about the Conven- information needed for the debate on tion, at least their best projection, be- tional Forces Treaty? If we expand that question, and, most important, I fore they make a commitment commit- NATO enlargement, do we have to real- hope it will stimulate the kind of in- ting this country, which, of course, ly do that treaty over? Because basi- depth thinking that we need to have on would have to then be ratified by the cally, the CFE Treaty allocated forces this issue. and tanks and artillery based on the Senate. Mr. President, I know that my col- A second question: Since article V of two alliances that then existed. If part leagues who have cosponsored this— the North Atlantic Treaty provides for of that alliance now is on the other Senators HUTCHISON, BRADLEY, KASSE- a NATO member nation to treat an at- side, what does that do to the CFE BAUM and COHEN—would like to speak tack on one as an attack on all, what Treaty? Of course, we hope at some on this subject at some point as we is the general strategy that NATO point we will be able to say there are consider it. At this point in time, I would adopt to defend the potential no sides in Europe, that they are all yield the floor. new member nations, including defense basically working together in peace, against a possible nuclear threat? Do but I am not sure we have arrived at Mr. McCAIN addressed the Chair. we deploy forces? If so, are our allies that point at this point in time. The PRESIDING OFFICER. The Sen- prepared to join us in that deployment? The next question: The anticipated ator from Arizona. Would it be American troops in those impact of NATO enlargement on Rus- Mr. McCAIN. Mr. President, on this host countries without allies, or will sian foreign and defense policies, in- amendment, I think it is unfortunate allies join? Which allies are willing to cluding the emphasis Russia would timing to start with. Russian elections join? These are questions that have to place on defense planning on nuclear are coming up in barely a week. We all be answered. weapons. This at least has to be con- know the incredible sensitivity that The third question: The North Atlan- templated. Are we going to basically be issues like these have during a polit- tic Council recently decided to create prepared to respond if the Russians de- ical campaign. I am not sure if a debate more deployable headquarters and cide that they are going to go back to on the floor of the Senate concerning more mobile forces to mount non-arti- deploying tactical nuclear weapons be- the enlargement of NATO is appro- cle V operations, as well as traditional cause they do not have conventional priate at this time. collective defense missions and to de- defenses and if they perceive this en- Let me also say, Mr. President, that velop a European defense identity largement as being a threat? I am hop- I have given a cursory review to some within the alliance. The question is ing they will not have that perception of the provisions of the bill. I appre- whether the enlargement of NATO as we move forward in this regard, but ciate the fact that the Senator from should proceed prior to NATO’s reorga- it has to be carefully considered be- Georgia would be agreeable to other nization of its military command cause it will affect tremendously our questions, but I also suggest that there structure and the completion of the response and the cost and the question are questions that are raised here that other actions required to carry out of deploying American forces. All of really have no answer, or have a very these decisions. How is the enlarge- these are important questions that negative connotation. ment going to impact these kinds of need answers. Here are just a few examples: fundamental changes in NATO begin- Another question: The impact a ning to prepare itself to operate out of NATO enlargement would have on the The extent to which the European an area, and vice versa? political, economic, and security well- Union has opened its markets to pro- The next question is whether an en- being of the nations, such as Ukraine, spective new NATO members? larged NATO can continue to function Latvia, Lithuania, and Estonia, if they What would that have to do with on a consensus; that is, a basis of unan- are not included in the first stage of membership in NATO? That is none of imous consent, before major decisions NATO enlargement. our business. I do not know how you are made. Here on the Senate floor we Mr. President, this is a sampling of answer this question, or how anybody operate by unanimous consent. We the issues that the President would re- in the Pentagon could answer this. know sometimes that is difficult. If we port on. I stress once again that this The relationship of Russia with expand NATO, will we have a two- amendment was not drafted and is not NATO, including Russia’s participation thirds rule, three-fourths rule, or say designed to prejudice the case either in the Partnership for Peace Program any nation, including one of the new for or against NATO enlargement or and NATO’s strategic dialog with Rus- nations that may come into NATO, the pace of NATO enlargement, but it sia? would be able to veto any decision of does require the administration to That is related as to how we ap- NATO? That is a fundamental question begin to think through important proach Russia, related to who is con- that NATO, it seems to me, has to an- issues and questions, tough questions ducting our foreign policy and foreign swer. in my view, and lay them out on the Another question regards the rela- affairs. I can give the Senator right table. They need to be on the table so now several different scenarios in tionship of prospective new NATO that the Congress and the American members to the European Union and which they would all be the right an- people can start to consider the matter swer, depending on what happened. what the impact that gaining NATO of NATO enlargement in a comprehen- The anticipated impact of NATO en- membership would have on the possi- sive and informed manner. bility and timing of such nations gain- If there are other questions that need largement on Russian foreign and de- ing associate and then full membership to be added to this amendment that fense policies, including in particular in the European Union. What is the some Members are concerned about, I the implementation of START I, the plan of the European Union? My im- would be pleased to consider that lan- ratification of START II, and the em- pression of some of the countries is the guage and to work with my colleagues phasis placed in defense planning on main thing they need now is not a mili- on that. nuclear weapons. tary protective shield but rather an Finally, I would note that the ulti- I say to the Senator from Georgia, economic expansion, economic trade mate question that the Senate will again, that is directly related to who

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7130 CONGRESSIONAL RECORD — SENATE June 27, 1996 the President of the United States is, mitment on the part of the United I am worried with setting a stage who the President of Russia is, who the States and our allies is directly related that might in some ways prejudge in a Defense Minister of Russia is, and our to that. negative fashion what I think is crit- relations with Russia over time. To ask If the Senator from Georgia can envi- ical for the future of the spirit of Eu- that question, in my view—there is no sion every possible scenario that would rope. answer to it because it is directly re- be an attack on a new member or old Mr. President, earlier I stated on the lated to events, as to who the Presi- member of NATO, then fine. But I do floor when discussing Senator HELMS’ dent of Russia is. I say right now, if not see how anyone has the kind of amendment concerning the expression Mr. Zyuganov wins the election, you clairvoyance to know exactly what of sorrow over the tragedy that took will have one answer; if Mr. Yeltsin that would be. place in Saudi Arabia that I had heard wins, you will have another answer. So the fundamental premise of that the Secretary of State was going They will be dramatically different. NATO, as I understand it, of the Atlan- to Syria. That is not the case. I retract I still do not understand the effect tic Alliance is that, if one nation is at- that remark. that the gaining of membership in tacked, then all are attacked, and all I do think that I will stick to my pre- NATO by a nation would have on the will join in response to that attack. vious statement, though, that 24 times possibility and timing of that nation But nowhere in NATO doctrine do I see he has been in Damascus, which is gaining associate membership and sub- an ironclad, dictated response to an at- probably sufficient for some period of sequently full membership in the Euro- tack, because it depends on the kind of time. I do believe that the Secretary of pean Union. Again, that eludes me, as attack; it depends on what the threat State is doing a dedicated job. He is a to what membership in the European is. If it can be countered, obviously, by fine and outstanding man, and in no Union has to do with membership in a short-term conventional response, way do I mean my remarks to be in NATO. that is fine. But if there is a nuclear any way a diminution of the very out- Let me pursue it. attack, clearly, there is a nuclear re- standing and dedicated work that the The extent to which prospective new sponse, as well. Secretary of State has done. NATO members are committed to pro- Mr. NUNN. If the Senator will yield, Mr. President, I believe that the Sen- tecting the rights of all of their citi- I want to ask something on another ator from Colorado who has a second- zens, including national minorities. subject. I have a meeting to try to degree amendment with the Senator Should we now have a review of move this bill along back here in the from Georgia, and perhaps we can craft present members of NATO and how other room. It is one of those things an amendment and make changes in they treat the rights of their citizens, that happens to all of us. I need to be the amendment which hopefully would including minorities? in two places at one time. But I know more narrowly focus the questions and The extent to which prospective new the Senator from South Carolina would be able to move forward with this very NATO members have established demo- like for me to give my first priority to important amendment. cratic institutions, free market econo- working out some agreements to move I want to state again. It is not mies, civilian control of their armed the bill along. healthy at this point for the U.S. Sen- I would like to thank the Senator for forces, including parliamentary over- ate to debate the issue of the expansion yielding and say that I support the sight of military affairs and appoint- of NATO with Russian elections com- Harkin amendment. He will bring that ment of civilians to senior defense po- ing up in just a few days. up when he gets the floor. That has sitions, and the rule of law. I hope we can do whatever we can to been cleared on both sides, I believe. I I would suspect strongly that unless avoid that at this time. will be available to Senator THURMOND they were in compliance with those, Mr. President, I yield the floor. in Senator DASCHLE’s office, if I am there would be no prospect of them Mr. HARKIN addressed the Chair. needed. being engaged. The PRESIDING OFFICER. The Sen- Mr. MCCAIN. Could I say, first of all, The strategy by which attacks on ator from Iowa. I understand the concerns that the prospective new NATO member nations AMENDMENT NO. 4177, AS MODIFIED Senator from Georgia has. I believe he would be deterred, and, if deterrence is correct and that these questions (Purpose: To provide for defense burdensharing) fails, defended, including whether the must be answered. There has to be a Mr. HARKIN. Mr. President, I call up strategy would be based on conven- clear definition of exactly what the amendment No. 4177, and I send a modi- tional forces or on nuclear capabilities. United States is going to do. If based on conventional forces, the ex- What I ask the Senator is, perhaps fication to the desk and ask that it be tent to which the strategy would be we can sit down and maybe simplify considered at this time. based on host nation forces and the ex- these questions to some degree, so that The PRESIDING OFFICER. The tent to which it would be based on we can get answers to the questions, clerk will report. NATO reinforcement. but in a realistic fashion, and one that The clerk read as follows: I say to the Senator from Georgia, it might be agreeable to this side. Would The Senator from Iowa (Mr. HARKIN), for would be the same policy that applies that be all right? himself, Mr. KERRY, Mr. CONRAD, Mr. LAU- to every nation that is a member of TENBERG, and Mr. DORGAN, proposes an Mr. NUNN. I would be glad to work amendment numbered 4177, as modified. NATO and would be directly related to on that with my friend from Arizona the crisis and situation at the time. If and my friend from Colorado. The Mr. HARKIN. Mr. President, I ask there is a ground attack in one part of amendment is temporarily laid aside. unanimous consent that reading of the NATO that could be countered by con- I just ask this. I do not intend to amendment be dispensed with. ventional forces, then, clearly, you do have a second-degree amendment to it. The PRESIDING OFFICER. Without not launch a hydrogen bomb. I informed people that I was planning objection, it is so ordered. The thrust of these questions, I say on doing that, and I wanted to accord The amendment is as follows: to the Senator from Georgia, or of At the end of subtitle D of title X, add the other Senators a chance. I only ask following: these requirements, whether they are that there not be a second-degree SEC. 1044. DEFENSE BURDENSHARING. intended to or not, would, frankly, to amendment while we have not laid it (a) FINDINGS.—Congress makes the fol- the uninitiated, portray a situation aside and are working in good faith on lowing findings: where the United States of America is it. (1) Although the Cold War has ended, the departing from our traditional position Mr. MCCAIN. I thank the Senator United States continues to spend billions of and role in Europe, which is to abide by from Georgia. Again, I appreciate what dollars to promote regional security and to the fundamental premise of NATO, the Senator from Georgia is trying to make preparations for regional contin- which is that an attack on one is an at- find out. Those facts are going to have gencies. tack on all; and that, with the expan- to be made known to the U.S. Senate (2) United States defense expenditures pri- marily promote United States national secu- sion of NATO, I say to the Senator, and the American people prior to any rity interests; however, they also signifi- cannot be violated. And the response is two-thirds vote on the floor of the Sen- cantly contribute to the defense of our allies. directly dictated by the kind of attack, ate that would accompany enlarge- (3) In 1993, the gross domestic product of the kind of threat it is, and the com- ment. the United States equaled $6,300,000,000,000,

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7131 while the gross domestic product of other tization, economic stabilization, trans- (F) The financial contributions that allies NATO member countries totaled parency arrangements, defense economic of the United States make to common de- $7,200,000,000,000. conversion, respect for the rule of law, and fense efforts (to promote democratization, (4) Over the course of 1993, the United internationally recognized human rights) by economic stabilization, transparency ar- States spent 4.7 percent of its gross domestic 10 percent or at least to a level commensu- rangements, defense economic conversion, product on defense, while other NATO mem- rate to that of the United States by Sep- respect for the rule of law, and internation- bers collectively spent 2.5 percent of their tember 30, 1997. ally recognized human rights). gross domestic product on defense. (4) Increase the amount of military assets (G) The contributions that allies of the (5) In addition to military spending, for- (including personnel, equipment, logistics, United States make to meeting the sta- eign assistance plays a vital role in the es- support and other resources) that it contrib- tioning costs associated with the forward de- tablishment and maintenance of stability in utes, or would be prepared to contribute, to ployment of elements of the United States other nations and in implementing the multinational military activities worldwide, Armed Forces. United States national security strategy. including United Nations or regional peace (H) The annual expenditures of the United (6) This assistance has often prevented the operations. States and its allies on national defense, and outbreak of conflicts which otherwise would (c) AUTHORITIES TO ENCOURAGE ACTIONS BY the relative percentages of each nation’s have required costly military interventions UNITED STATES ALLIES.—In seeking the ac- gross domestic product constituted by those by the United States and our allies. tions described in subsection (b) with respect expenditures. (7) From 1990–1993, the United States spent to any nation, or in response to a failure by (2) The President shall submit to Congress $59,000,000,000 in foreign assistance, a sum any nation to undertake one or more of such a report on the review under paragraph (1). which represents an amount greater than actions, the President may take any of the The report shall be submitted not later than any other nation in the world. following measures: March 1, 1997, in classified and unclassified (8) In 1995, the United States spent over (1) Reduce the end strength level of mem- form. $10,000,000,000 to promote European security, bers of the Armed Forces assigned to perma- while European NATO nations only contrib- nent duty ashore in that nation. Mr. HARKIN. Mr. President, I also uted $2,000,000,000 toward this effort. (2) Impose on that nation taxes, fees, or ask that Senators CONRAD, LAUTEN- (9) With a smaller gross domestic product other charges similar to those that such na- BERG, and DORGAN be added as cospon- and a larger defense budget than its Euro- tion imposes on United States forces sta- sors. pean NATO allies, the United States shoul- tioned in that nation. The PRESIDING OFFICER. Without ders an unfair share of the burden of the (3) Reduce (through rescission, impound- objection, it is so ordered. common defense. ment, or other appropriate procedures as au- Mr. HARKIN. Mr. President, I be- (10) Because of this unfair burden, the Con- thorized by law) the amount the United lieve, as modified, this amendment is gress previously voted to require United States contributes to the NATO Civil Budg- agreeable to the managers. It has been States allies to bear a greater share of the et, Military Budget, or Security Investment costs incurred for keeping United States Program. worked out. I thank them. I thank the military forces permanently assigned in (4) Suspend, modify, or terminate any bi- manager and the ranking members for their countries. lateral security agreement the United States their help in working this out. I thank (11) As a result of this action, for example, has with that nation. also my colleagues for their coopera- Japan now pays over 75 percent of the non- (5) Reduce (through rescission, impound- tion in working out this important pro- personnel costs incurred by United States ment or other appropriate procedures as au- posal. military forces permanently assigned there, thorized by law) any United States bilateral while our European allies pay for less than 25 Basically, what this amendment, assistance appropriated for that nation. which passed the House recently by a percent of these same costs. Japan signed a (6) Take any other action the President de- new Special Measures Agreement this year termines to be appropriate as authorized by vote of 353 to 62, would do is begin to which will increase Japan’s contribution to- law. ask our allies in Europe to pay a fairer ward the cost of stationing United States (d) REPORT ON PROGRESS IN INCREASING AL- share of the costs for their own de- troops in Japan by approximately $30,000,000 LIED BURDENSHARING.—Not later than March fense. The CBO says this amendment a year over the next five years. 1, 1997, the Secretary of Defense shall submit would save taxpayers up to $11.3 billion (12) These increased contributions help to to Congress a report on— rectify the imbalance in the burden shoul- over the next 6 years. I personally (1) steps taken by other nations to com- think we need to go even further in re- dered by the United States for the common plete the actions described in subsection (b); defense. (2) all measures taken by the President, in- ducing the taxpayer subsidy for Europe (13) The relative share of the burden of the cluding those authorized in subsection (c), to and Japan’s defense, but this is a major common defense still falls too heavily on the achieve the actions described in subsection step in the right direction. It is a vic- United States, and our allies should dedicate (b); and tory for deficit reduction and the more of their own resources to defending (3) the budgetary savings to the United American taxpayers. themselves. States that are expected to accrue as a re- Again, I thank the managers for (b) EFFORTS TO INCREASE ALLIED sult of the steps described under paragraph BURDENSHARING.—The President shall seek their cooperation. (1). Mr. President, I rise to offer an to have each nation that has cooperative (e) REPORT ON NATIONAL SECURITY BASES military relations with the United States FOR FORWARD DEPLOYMENT AND amendment on behalf of myself, and (including security agreements, basing ar- BURDENSHARING RELATIONSHIPS.—(1) In order Senator KERRY of Massachusetts, Mr. rangements, or mutual participation in mul- to ensure the best allocation of budgetary re- CONRAD, Mr. LAUTENBERG, and Mr. tinational military organizations or oper- sources, the President shall undertake a re- DORGAN that calls on our NATO allies ations) take one or more of the following ac- view of the status of elements of the United tions: to share more of the burden for main- States Armed Forces that are permanently taining stability in Europe and their (1) Increase its financial contributions to stationed outside the United States. The re- the payment of the nonpersonnel costs in- view shall include an assessment of the fol- own defense. This amendment is nearly curred by the United States Government for lowing: identical to one on the House Depart- stationing United States military personnel (A) The alliance requirements that are to ment of Defense authorization bill that in that nation, with a goal of achieving the be found in agreements between the United was agreed to by a strong bipartisan following percentages of such costs: States and other countries. vote of 353 to 62 on May 14. The CBO (A) By September 30, 1997, 37.5 percent. (B) The national security interests that has scored our amendment as saving (B) By September 30, 1998, 50 percent. support permanently stationing elements of (C) By September 30, 1999, 62.5 percent. $11.3 billion over the next 6 years. the United States Armed Forces outside the It is time we stopped asking Amer- (D) By September 30, 2000, 75 percent. United States. An increase in financial contributions by (C) The stationing costs associated with ican taxpayers to underwrite the secu- any nation under this paragraph may include the forward deployment of elements of the rity of our European allies. We are all the elimination of taxes, fees, or other United States Armed Forces. justifiably proud of the role American charges levied on United States military per- (D) The alternatives available to forward played in rebuilding Europe after sonnel, equipment, or facilities stationed in deployment (such as material World War II. The Marshall plan stands that nation. prepositioning, enhanced airlift and sealift, as a monument to American generosity (2) Increase its annual budgetary outlays or joint training operations) to meet such al- and concern for our fellow citizens for national defense as a percentage of its liance requirements or national security in- around the world. gross domestic product by 10 percent or at terests, with such alternatives identified and least to a level commensurate to that of the described in detail. We not only helped our wartime al- United States by September 30, 1997. (E) The costs and force structure configu- lies, but we aided our former enemies (3) Increase its annual budgetary outlays rations associated with such alternatives to as they rebuilt their war-torn societies. for foreign assistance (to promote democra- forward deployment. Aiding our former enemies to restore

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7132 CONGRESSIONAL RECORD — SENATE June 27, 1996 their society is the true mark of Amer- Should our NATO Allies miss the tar- Our amendment is also supported by ican generosity. gets specified above, the President is the State Department and the Defense But that was then, and this is now. authorized by this amendment to do Department. Let me read from their re- Times have changed. one or more of the following: spective statements: Germany and Japan are no longer First, reduce the levels of troops sta- State Department: prostrate, exhausted from years of all- tioned in NATO countries. We support this amendment because it sup- out war. Far from it. Germany and Second, impose taxes or fees similar ports U.S. policy objectives in achieving eq- Japan are now economic giants, pro- to those that other nations impose on uitable responsibility sharing of global secu- viding significant competition to the the U.S. forces stationed in the foreign rity interests with our allies. This amend- United States across a broad spectrum nation. ment does not tie the hands of the Adminis- of industries. Third, reduce through rescission, im- tration in the execution of U.S. policy. This After World War II, we were justified poundments or line-item veto, the amendment does allow the President the in stationing troops in Europe and amount the United States contributes flexibility in pursuing different avenues in Japan to restore basic order, to provide to the NATO budget or other bilateral attaining the same objective without under- mining the credibility of the United States the security necessary for vibrant aid accounts. commitments to our allies. It recognizes economies to flourish and grow. But Fourth, take any other action that is that one formula does not fit every allied now it is time for our allies to take currently authorized by law to make country or every region and permit[s] our al- over the cost of their own defense. Not our NATO allies pick up a fair share of lies to choose to contribute on an equitable only has the threat of world domina- the defense burden. basis tailored to their own political, eco- tion by the Soviet Union evaporated, Mr. President, this amendment also nomic, cultural, and historical perspectives. but our allies now have the financial requires the President to report to Department of Defense: means and internal stability to provide Congress by March 1, 1997, the progress After detailed review, analysis and consid- their own defense. that has been made in achieving the eration of the provisions in the amendment, In 1991 Japan agreed to pay for 75 per- goals enumerated here. This deadline is the Department believes it provides a solid cent of the costs of stationing United set so that we may review the progress basis upon which to proceed in future discus- States troops on Japanese soil by this in time for next years’ Defense author- sions and negotiations with our allies around year, excluding salaries of United ization bill. the world to attain greater Responsibility States servicemen and women, and This is indeed a very modest amend- Sharing in defense and security issues of United States civilian contractors. Mr. ment. I think we should go much fur- common concern. President, Japan has done what it ther to reduce the American taxpayers’ This amendment has the over- promised. Our total nonpersonnel cost subsidy for Europe and Japan’s defense. whelming support of the House, and there is $5.8 billion and Japan contrib- As we work to balance our budget and the support of the administration. If utes $4.6 billion or 79 percent. That reduce the debt, I do not think we can you agree that our allies are now suffi- contribution should increase further, justify any subsidy. But this is a rea- ciently strong economically to pay a but they are making progress. sonable first step to that end. fair share for their security, then I Why can’t our NATO allies pick up a Mr. President, this amendment has urge that you also support this amend- larger share of their defense burden? been endorsed by Taxpayers for Com- ment. I ask unanimous consent that This amendment allows them to in- mon Sense and Citizens Against Gov- the letters of support be printed in the crease their contributions in one or ernment Waste. Let me read a couple RECORD. more of 4 areas to meet the goal of in- of paragraphs from their letters. There being no objection, the mate- creased burden sharing. Taxpayers for Common Sense: rial was ordered to be printed in the The NATO allies’ four options are: As the United States attempts to rein in RECORD, as follows: its defense budget, it is no longer acceptable First, gradually increasing their con- POSITION PAPER ON PROPOSED for the U.S. taxpayer to pay the lion’s share tributions over 4 years to 75 percent of BURDENSHARING AMENDMENT TO H.R. 3230 for keeping American troops in Europe. the nonpersonnel costs incurred by DESCRIPTION OF THE BILL U.S. military forces stationed on their While the Japanese Government pays over 75 percent of all non-personnel costs for Amer- soil. They currently contribute about The amendment to the DoD Authorization ican military bases in Japan, our wealthy Bill calls on our allies to equitably share in 25 percent of the $8 billion annual European allies typically make a collective the roles, risks, responsibilities as well as costs. contribution of less than 25 percent. We sup- costs in global security. The amendment rec- Second, increasing their defense port your amendment’s call for a 75 percent ognizes that the United States continues to spending as a percentage of GDP by 10 contribution standard. pay an unfair share of the ‘‘common defense percent or at least to a level equal to Citizens Against Government Waste: burden’’ and calls for our allies to take one that of the United States by September This amendment, which would require host or more of four actions to increase their con- 30, 1997. Although U.S. defense spend- countries to pay 75 percent of nonpersonnel tributions to share equitably in global re- ing is declining, the spending by the costs, is essential to maintaining a strong sponsibility sharing. NATO Allies is declining more rapidly. and cost-effective military partnership with These four actions include: increased cost- our allies around the world. If enacted, this sharing with established goals of 37.5%, 50%, This provision prevents the United 62.5%, and 75% by September 30 of each suc- States from picking up the growing dif- proposal would save taxpayers $11.3 billion by 2002. cessive year starting in 1997; or increasing ference in defense spending. As the United States continues to define national defense budgets by 10% or com- Third, increasing their budgetary its role in the post-Cold War era, we must re- parable to the U.S. by September 30, 1997; or outlays for foreign assistance by 10 per- alize that we can no longer afford to bear the increase its annual budget for foreign assist- cent or to a level equal to that of the brunt of maintaining a large presence over- ance by 10% or at least to a level commensu- United States. This provision gives the seas. However, we do recognize that Amer- rate to that of the U.S. by September 30, NATO allies a nonmilitary mechanism ican strength is necessary to maintain peace 1997; or increase the amount of military as- and cooperation worldwide. Your amendment sets that it contributes, or would be prepared to contribute to the security of Europe. to contribute, to multinational military ac- Fourth, increasing their contribu- successfully addresses both issues. The 104th Congress’ clear mission is to tivities worldwide, including United Nations tions of military assets to multi- eliminate unnecessary spending, while en- or regional peace operations. national, United Nations, or regional suring that vital obligations, such as pro- The amendment also provides authority peace operations. This provision will tecting our national security, are fulfilled. for the President to take certain actions prevent the United States from having Your amendment is a vital part of that mis- with our allies should they not meet any of to bear an unfair amount of the respon- sion. Not only does it provide for continued the four obligations above. Although threat- sibility in future peacekeeping mis- international cooperation, but it also saves ening and punitive in nature, these actions sions. the taxpayers billions of dollars. are non-binding. Mr. President, I reiterate, our NATO Your amendment makes a fundamental The amendment does direct the President contribution to the debate on the Defense to submit an annual report to Congress not Allies can choose any combination of Authorization and its passage is an impor- later than March 1, 1997 in classified and un- the above options to meet the require- tant step toward achieving a balanced budg- classified from reviewing the effects of our ments of this amendment. They need et. We strongly urge its adoption by the Sen- allies compliance to our responsibility shar- not do all four. ate. ing initiatives.

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DEPARTMENT POSITION of the provisions in the amendment, the tributions do not increase, the amendment We support this amendment because it sup- Department believes it provides a solid provides options for pressuring our allies to ports U.S. policy objectives in achieving eq- basis upon which to proceed in future discus- increase their contributions through meas- uitable responsibility sharing of global secu- sions and negotiations with our allies around ures such as a reduction of troops and/or a rity interests with our allies. This amend- the world to attain greater Responsibility recession of bilateral aid and NATO appro- ment does not tie the hands of the Adminis- Sharing in defense and security issues of priations. tration in the execution of U.S. policy. This common concern. The Department has long The Congressional Budget Office projects amendment does allow the President the sought such an orientation, as it offers us potential six year outlay savings, from the flexibility in pursuing different avenues in the most latitude in seeking greater con- amendment, to be around $11.3 billion. These attaining the same objective without under- tributions. Additionally, provisions in this savings are significant and would provide a mining the credibility of the United States amendment establish the basis for a renewed welcome relief to overburdened American commitments to our allies. It recognizes Executive-Legislative consensus on deter- taxpayers. We urge all members of the Sen- that one formula does not fit every allied mining progress in these matters, another ate to support your amendment. country or every region and permits our al- long-sought goal.] The Department is con- Sincerely, lies to choose to contribute on an equitable cerned however, with a couple of provisions JILL LANCELOT, basis tailored to their own political, eco- in the amendment. In paragraph (b) Efforts, Legislative Director. nomic, cultural, and historical perspectives. sub-paragraph (1), Congress proposes adopt- ing a specific schedule of financial contribu- COUNCIL FOR CITIZENS AGAINST TALKING POINTS AND BACKGROUND TO SUPPORT tions by allies between 1997–2000. We have GOVERNMENT WASTE, THE DEPARTMENT’S POSITION not found this to be a viable approach to at- Washington, DC, June 25, 1996. We agree with the findings of this amend- tain the goals the Department and Congress Hon. TOM HARKIN, ment that the United States continues to want to reach. We recommend deleting the Hon. JOHN KERRY, pay a higher cost for global defense com- schedule and instead substituting language U.S. Senate, pared to that of our allies. We also acknowl- (consistent with the other parts of this sec- Washington, DC. edge that many of our allies are sharing eq- tion) that encourages ‘‘greater allied equity DEAR SENATORS HARKIN AND KERRY: On be- uitably in the global responsibilities of de- in sharing roles, risks, responsibilities, and half of the 600,000 members of the Council for fense while others are beginning to assume costs for global security’’. This will afford Citizens Against Government Waste, I am increased roles, risks, and responsibilities. President more flexibility and options for at- writing to endorse the Harkin/Kerry amend- We support this amendment because it sup- taining increased contributions from various ment to the FY 1997 National Defense Au- ports U.S. policy objectives in achieving eq- sources. We also recommend, in paragraph thorization Act, S. 1745. This amendment, uitable responsibility sharing of mutual (d) Reports, that these two new reporting re- which would require host countries to pay 75 global security interests. This amendment quirements be combined into a single report, percent of nonpersonnel costs, is essential to does not tie the hands of the President, al- due 15 April each year, and that these report- maintaining a strong and cost-effective mili- lowing him the flexibility in pursuance of ing requirements supersede current tary partnership with out allies around the those goals while maintaining the credibility burdensharing reporting requirements (see world. If enacted, this proposal would save of the United States commitments to our al- PL 98–525, FY85 DOD Authorization Act, taxpayers $11.3 billion by 2002. lies. Title X, Section 1002, et seq.), which are both This amendment won overwhelming bipar- We believe that by working together with obsolete and inconsistent with the intention tisan support in the House by a vote of 353– Congress on this issue, U.S. interests are pre- of this amendment. The Department urges 62. It deserves the same in the Senate this served and that the basis for our policy or re- Congress to consider favorably these minor year. sponsibility sharing serves the best security adjustments. As the United States continues to define interests of our country and that of our al- its role in the post-cold War era, we must re- lies in promoting peace, stability, democ- SAVE U.S. TAXPAYER UP TO $11.3 BILLION— alize that we can no longer afford to bear the racy, and free-market economies. SUPPORT ‘‘BURDENSHARING’’ AMENDMENT brunt of maintaining a large presence over- We note with concern, however, that rigid seas. However, we do recognize that Amer- percentage cost-sharing goals by specified TAXPAYERS FOR COMMON SENSE, Washington, DC, June 25, 1996. ican strength is necessary to maintain peace dates are incompatible with recently con- and cooperation worldwide. Your amendment cluded and highly favorable cost-sharing DEAR SENATORS HARKIN AND KERRY: Tax- payers for Common Sense is please to sup- successfully addresses both issues. agreements. We ask that only one small The 104th Congress’ clear mission is to change to the amendment be incorporated. port your ‘‘burdensharing’’ amendment to the FY97 Defense Authorization Bill. This eliminate unnecessary spending, while en- amendment takes an important step towards suring that vital obligations, such as pro- POTENTIAL AMENDMENT tecting our national security, are fulfilled. (Prepared by Mike Walsh) reducing the $16 billion direct cash subsidy paid each year to our allies for their national Your amendment is a vital part of that mis- SERVICE AFFECTED defense. As you know, the House passed this sion. Not only does it provide for continued US military forces and activities around amendment during consideration of the De- international cooperation, but is also saves the world. fense Authorization. the taxpayers billions of dollars. Your amendment makes a fundamental AMENDMENT NUMBER As the United States attempts to rein in contribution to the debate on the Defense its defense budget, it is no longer acceptable Amendment 102 to H.R. 3230 Authorization and its passage is an impor- for the U.S. taxpayer to pay the lion’s share STATEMENT OF AMENDMENT tant step toward achieving a balanced budg- for keeping American troops in Europe. et. We strongly urge its adoption by the Sen- Amendment consists of four parts: Find- While the Japanese government pays over ate. ings, which detail discrepancies Congress 75% of all non-personnel costs for American Sincerely, perceives between US and allied defense military bases in Japan, our wealthy Euro- TOM SCHATZ, spending and resource allocation, generally pean allies typically make a collective con- President. concluding that the US continues to bear tribution of less than 25%. We support your greater defense burden than allies, and that amendment’s call for a 75% contribution Mr. HARKIN. Mr. President, I ask for they should do more to defend themselves; standard. the yeas and nays on the amendment. Efforts to Increase Allied Burdensharing, Despite the end of the Cold War and a The PRESIDING OFFICER. Is there a which provides President latitude to seek in- steadily decreasing defense budget, the U.S. creased allied contributions in four areas sufficient second? still spends more on defense than all of its There is a sufficient second. (i.e., cost sharing, defense spending, foreign allies. For example, while Japan spends 1.1% assistance, military assets to multinational The yeas and nays were ordered. of is GDP on defense and European nations Mr. THURMOND addressed the Chair. military activities); Authorities to Encour- average 2.5%, the U.S. spends 4.7% of its GDP age Allies, which provides President with au- on defense. The American taxpayer cannot The PRESIDING OFFICER. The Sen- thority to take specific actions to obtain al- afford to continue subsidizing our allies de- ator from South Carolina. lied compliance (i.e., wide range of options, fense budgets. Not only are taxpayers asked Mr. THURMOND. Mr. President, I including withdrawals, impositions, funding to shoulder higher defense spending and in- rise in support of the amendment of- or program rescissions, suspensions, termi- creased deficits, but as consumers and pro- fered by the Senator from Iowa and nations, reductions or similar actions); and ducers they face a competitive disadvantage Revised Reporting Requirements, stipulating Massachusetts. I appreciate their ef- from countries whose economies do not bear forts to craft an amendment that reporting on relevant measures and actions the full cost of defending their own terri- by allies to determine compliance. would provide a number of actions that tories. our allies could take to increase their DOD POSITION This year’s amendment gives the President The Department generally supports the and the Secretary of Defense more than a contributions to defense amendment, but has some reservations about year to negotiate increased contributions burdensharing. specific provisions, discussed below [After from our allies who benefit from the 200,000 I agree that the United States pays detailed review, analysis and consideration U.S. troops stationed abroad. If those con- an unfair share of the common defense

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7134 CONGRESSIONAL RECORD — SENATE June 27, 1996 burden and our allies should do more. 75 percent of the nonpersonnel costs in- The PRESIDING OFFICER. Without This amendment would provide the curred by our forces stationed on its objection, it is so ordered. United States with a basis by which to soil. Second, the President may require Mr. THURMOND. Mr. President, I achieve agreements with our allies to a host country to increase its defense urge adoption of the amendment. increase their share of costs for de- spending as a percentage of its GDP by The PRESIDING OFFICER. Is their fense. 10 percent or at least to a level equal to objection to the amendment? Let me emphasize that U.S. forces that of the United States. Third, the Without objection, the amendment is are deployed overseas to advance U.S. President may negotiate for a foreign agreed to. security interests. Although we seek country to increase its budgetary out- The amendment (No. 4177), as modi- common efforts with our allies to se- lays for foreign assistance by 10 per- fied, was agreed to. cure peace and promote U.S. interests cent or to a level commensurate with Mr. HARKIN. Mr. President, I move abroad, we do not always necessarily the United States. Finally, the Presi- to reconsider the vote by which the agree on how those interests are to be dent may choose to require an ally to amendment was agreed to. advanced. increase its contributions of military Mr. THURMOND. I move to lay that As a result, I am not comfortable assets to multinational, United Na- motion on the table. with the notion that one action an ally tions, or regional peace operations. The motion to lay on the table was could take to increase its cost share Although far from perfect, our agree- agreed to. would be to increase its peacekeeping ment with Japan is a good example of The PRESIDING OFFICER. The Sen- or humanitarian activities—that would what the President would be required ator from Colorado. be considered of equal value to an ally to negotiate under this amendment. AMENDMENT NO. 4367 increasing its participation in coali- Currently, Japan pays for 79 percent, of Mr. BROWN. Mr. President, one of tion operations or increasing its de- nonpersonnel costs incurred by sta- the items that I want to draw the Sen- fense budget. tioning troops on its soil. The adminis- ate’s attention to with regard to the Would Congress be satisfied if an ally tration recently negotiated an agree- Nunn amendment is really the as- agreed to increase its contributions to ment under which Japan will increase tounding story of the United State’s foreign assistance, and at the same its contributions by approximately $30 history with regard to central Europe time, reduce its defense expenditures? million a year over the next 5 years. since the Iron Curtain fell down. This would be counter to our efforts to This is an pretty good deal compared I think a decade ago, or two decades get our allies to contribute more for to the meager 24 percent that our Eu- ago Americans, would be amazed to global and regional security. Our objec- ropean NATO allies contribute to the think that the Iron Curtain could fall tive should be to get our allies to agree nonpersonnel costs the United States and that the world could change as it to increase their efforts in all areas. incurs in Europe. has. With those remarks, I recommend Budget estimates for fiscal year 1996– I do not know whether Members re- that my colleagues adopt the amend- 97 reveal that the United States will member watching the television cov- ment. incur $8 billion in nonpersonnel costs erage of President Reagan in Berlin Mr. LAUTENBERG. Mr. President, I in Europe and that our NATO allies talking about how in the future Rus- am pleased to join my colleague Sen- will only contribute $2 billion of that sian leaders would tear down that wall. ator HARKIN in offering an amendment amount. I think this is an outrage. But I confess my thoughts were that which seeks to relieve the American This amendment would remedy this the wonderful Irishman was engaging taxpayer of some of the enormous bur- situation by requiring the President to in wishful rhetoric, perhaps more than den of defending our allies. negotiate a better deal. a serious prediction. Lo and behold, the This amendment is straightforward. Mr. President, critics of this amend- President turned out to be more than It requires the President to seek in- ment may argue that it will com- correct, and his words were prophetic. creased contributions from countries promise U.S. troop presence and global I think more shocking than his state- which have cooperative military rela- national security interests. This just ments was the fact that the wall came tions with the United States. It re- isn’t the case. If this amendment is im- down and that the Soviet Union dis- quires the President to negotiate plemented, and I hope it will be, the solved. However, even more shocking is agreements under which our allies will United States will continue to pay the way this country has treated the be responsible for bearing a greater enormous amounts to defend collective central European governments. share of the common defense burden. security interests. We will still spend I simply do not know of a place in The end of the cold war has signaled billions defending our allies. the world where Americans are more the need for us to reevaluate our spend- This amendment provides the flexi- popular than central Europe; more pop- ing priorities. Despite the end of the bility necessary to preserve our com- ular than they are in America at times cold war, the United States continues mitments to our allies. It allows the even. to pay an unfair share of the costs of President to accommodate each coun- But, Mr. President, you cannot be in defending our allies. American tax- try’s unique economic, political, and central Europe and not experience the payers should no longer be responsible military situation while creating a warmth of people who love, admire, for the lion’s share of the common de- more equitable balance of the common and respect freedom and independence, fense burden. defense burden. Each of our allies has who are grateful to the United States According to the U.S. Arms Control different capabilities and limitations for championing freedom and independ- and Disarmament Agency’s data for to sharing the costs of the common de- ence, who want to be like Americans in 1993, we spent 20.1 percent of our budg- fense. This amendment recognizes many, many ways. et on military expenditures, while Eu- these differences and gives the Presi- I think to most Americans would be ropean NATO nations spent only 6.2 dent flexibility needed to secure great- shocked if they realized how we have percent of their combined budgets. er participation by our allies. treated those people who looked at us That’s $1,153 per capita spent by the Mr. President, American taxpayers so eagerly and with so much affection, United States on military expenditures deserve a better deal. If implemented, and so much thanks and so much hope compared to $419 per capita spent by this amendment would be a solid start- of making their countries like Amer- our European NATO allies. ing point for requiring our allies to ica; so much hope of bringing freedom It is simply time for the United chip in more for the common defense. to their countries. States to negotiate a better deal, and It would send a clear message to our What are the facts? The facts are this amendment represents a positive citizens that we are committed to re- that when the Iron Curtain fell and step in that direction. lieving them of some of the enormous those countries developed new govern- The amendment allows the President burden of defending our allies. This ini- ments, we did not react to them as we to negotiate an increase in our allies’ tiative is long overdue, and I urge my had reacted to Western Europe at the contributions in four areas. First, the colleagues to support it. end of World War II. President may require an ally to Mr. HARKIN. Mr. President, I ask I will remind Senators what hap- gradually increase its contributions to that the yeas and nays be vitiated. pened. At the end of World War II when

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7135 Western Europe had problems, we did a friends, to be our comrades, to be our much better to have hundreds of thou- couple of things because of concern allies, and to stand with us—in the sands of troops that were opposed to about their future and the future of the words of Americans, to pledge their you on your side. freedom and democracy there. lives and their sacred honor in a joint Is it an advantage to have Poland First, we opened our markets to enterprise with us. and the Czech Republic and Hungary them and ensured that they had a way I suppose you can turn the back of on our side, pledged to help defend our to earn their way out of the incredible your hand to people like that, but I freedom with the potential of very val- destruction and poverty that they were think they at least deserve an answer. uable bases and hundreds of thousands in. What this country has done and what of service men and women willing to The second thing we brought forth some Western European countries have help defend our freedom rather than was assistance to them to provide the done is turn their back on them, not the other side? I do not think, with all emergency needs and help give them a even given them the courtesy of an an- due respect, it takes a genius to figure boost to get things started again. swer. out that is a plus, not a minus. Mr. President, I do not think anyone It was this Senator’s belief, and I Reference is made here to a study as would doubt that those efforts were know it is not shared by all Senators to what could be spent in terms of the helpful. We can debate whether or not that the administration was very slow defense of that area. Mr. President, you we did too much, or too little, whether to respond to the situation in Central can spend any amount you want. The we gave it to the right or wrong coun- Europe. As Western Europe and the question comes back to two things. Is try, whether we gave it the right way United States have been slow to em- it better to have them on our side rath- or the wrong way. Those are legitimate brace the freedom-loving people of Cen- er than opposed to us? Of course. And questions and ought to be debated. The tral Europe, the forces of totali- maybe most importantly of all, what is key point is we came forward at a time tarianism in those countries have had the cost if we do not do it? How do they of need and we ensured that their spark a new boost of strength at the ballot react to the slap in the face that says, of freedom survived and grew, and de- box. ‘‘We do not want to stand with you’’? mocracy is greater and stronger in the I have listened to Ambassadors and What is the cost if we again fail to world because we did it. Members of Parliament from countries recognize that area as part of the I hope that the distinguished Senator all across Central Europe. They ask sphere of influence of other powers? I who offers this amendment and others me, where we should be aligned? Who submit to Members that the cost is who may be tempted to join him will should we be close to? Who do we work very heavy, indeed, and far outweighs look at the contrast of how the Central with? Where is our future? And they any other. Europeans were treated versus the way are shocked to find that America and Last, let me simply say this. I do not the Western Europeans were treated, Western Europe are slow to embrace know how any American can review where we came forward and opened our them and slow to want them to be part the history of what went on when the markets to them and gave them a of us. They want to go West. They want Soviet Union and Nazi Germany in- chance to earn their way out of the to be part of the free world. They want vaded Poland and free men and women dire circumstances they were in. The to stand up with us to protect against failed to understand that our freedom Western European powers said they totalitarianism. was in part dependent on their free- were going to study for 5 or 10 or 20 These people, who love Americans so dom. I do not know how we can ignore years whether or not Central European much, are confused and puzzled at our that history. I do not know how anyone countries will be let into Common Mar- slowness in allowing them to stand could ignore what happened when this ket. with us in NATO and are almost mys- country guaranteed the freedom of the Western European countries went tified at the slowness and reluctance of Polish underground if they would nego- through hell. When they went through the Europeans to allow them into the tiate with the Soviets and then refused hell, we opened our markets to them. Common Market. It is almost as if all to even speak up on their behalf when Now Western Europe says they are these years we thought of them as an they were arrested and tried and sen- going to study for a long, long period of enemy, and when they want to join our tenced to death, even though we had time whether they will let Central Eu- side, we will not let them. asked them to surrender. I do not know ropean countries into the Common Some people have said we have to how any American can look at the his- Market. consider the cost. We have to figure tory of what happened in the cold war That is not right. It is in our inter- out whether it is in our interest. We and see the flame of freedom snuffed est, in the interest of freedom-loving have to look at this detail and that de- out in Poland during the 1940’s by the people around the world to see Central tail and this detail. Soviets and not feel a twinge of horror Europe do well. To think of selfish sub- That was 5 years ago. Three years that another 40 or 50 years of enslave- sidies and self-interests at a time when ago, we finally passed a bill that re- ment followed. we ought to be opening the world of op- quired those things to be addressed, the I do not know how we as a country portunity to them is wrong. NATO Participation Act I, because the can turn our back on freedom in cen- Second, when Western Europe was administration had not done its work tral Europe, and so I look forward to threatened, we joined our arms with and because this Congress had not done working with the Senator from Geor- them. We offered them NATO, and we its work. Last year, we passed the gia. I hope very much this can be re- volunteered to stand side by side with NATO Participation Act II to urge the solved, but I do know one thing. I do them and not only carry our share of project on further. know that stalling and delay in endless the burden, but to do even more. And I want Members to ask themselves reports and endless studies and a Mis- what did the Western European coun- this: Toward the end of World War II sissippi literacy test to get into NATO tries do? When Central Europe asked to there was something of a coup or an are not the answer. join NATO, they decided to study it. overthrow of the Government in Italy. Mr. LIEBERMAN addressed the This Congress has acted on this issue. Italy, which had been fighting against Chair. Three years ago, we passed the NATO us and with the Nazis, switched sides, The PRESIDING OFFICER. The Sen- Participation Act I, and it was meant declared war on Germany and joined ator from Connecticut. to address the questions that are the Allies’ cause. Mr. LIEBERMAN. Mr. President, I brought up in the amendment of Sen- How much did it cost to have Italy rise, I might say with regret, to oppose ator NUNN and others. It was done be- join us? Was it to our advantage to the amendment introduced by the Sen- cause the administration was dragging have hundreds of thousands of troops ator from Georgia, now temporarily its feet and turning its back on the cry that had been fighting us to change laid aside. I rise with regret because I of those free people for help and assist- sides and join us? I suppose some peo- have such respect for the Senator from ance and participation. ple could come and say we ought to Georgia, Mr. NUNN. But on this issue I These are proud people. They are not have studied that seriously. But I do respectfully disagree. I associate my- coming and asking for a handout. They not think it would take too many peo- self with the eloquent remarks of the are coming and asking to be our ple very long to figure out that it is Senator from Colorado. The questions

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7136 CONGRESSIONAL RECORD — SENATE June 27, 1996 raised by the amendment introduced moral. Senator BROWN referred to this. NATO have, in a very profound sense, by the Senator from Georgia and oth- Throughout the cold war, we promised given up the use or threat of force in ers are important questions. They go these nations our support to achieve relationship to each other. That is to the heart of this great opportunity, freedom and democracy. The millions clearly at the heart of our hopes for challenge, and debate that is coming of people who come together to form continued stability in Europe in the on the question of NATO enlargement. these nations were forced to live under post-cold-war world. I certainly agree this body has to the yoke of Soviet dictatorship. And While some Russians view NATO en- consider all these questions. But I feel we reached out to them and tried to largement as a threat, NATO is a de- very strongly that this is not the right give them encouragement during those fensive alliance. NATO, as an organiza- time nor is it the right bill on which to years. We referred to them as ‘‘captive tion to maintain the peace among its carry out this debate. Let me state nations.’’ That is a term that seems so own members, does not pose any risk clearly from the outset where I stand. wonderfully dated today. Today they to Russian security. We are going to I believe a strong transatlantic part- are no longer captive. They are free have to work hard to make this point nership serves America’s interests. For and independent. They are working to some of those among our friends in reasons of history and economy, war or their way to strengthen democracy, Russia. We have to work hard, but we instability in Europe inevitably harms market economies, freedom, full ex- can do it, to make it clear that NATO American interests. In this century pression, better lives for their citizens. already has established and wants to alone, the United States has fought The question is whether we will re- build on a friendly and peaceful rela- two world wars and the cold war, all of member this promise we made to them, tionship with the new post-cold-war which had their origins in Europe. that if only they would persist through Russia. Today, we are involved in a conflict the dark years of Soviet domination, The NATO enlargement process is in the former Yugoslavia, keeping the Communist domination, we would moving forward, thanks to leadership peace, helping to provide the ground on greet them, we would embrace them, from President Clinton, Secretary Gen- which a country can regain its feet we would stand with them. So I think eral Solana, and a host of leaders in after the slaughter and aggression it we owe these people the opportunity to both parties in this country. Senator suffered, in Europe. There, as part of join with us in this alliance of free na- Dole is, obviously, a strong supporter an international implementation force, tions. of NATO enlargement, and others in we are again expressing what is a basic The second reason I believe NATO Europe are strong supporters as well. The study agreed to by the NATO de- fact of American history, which is that should be expanded is strategic. By en- fense ministers last December pro- what happens in Europe matters to us. larging NATO to include the free and vides, I think, a generally sound basis That is part of what NATO is all about. democratic states in Central and East- We are now developing a consensus, ern Europe, we can help to ensure the for the admission of new members. slowly, methodically—too slowly, stability and security of Europe. NATO This is not moving precipitously, it is frankly, for some, including this Sen- is often viewed as a defensive alliance, moving very methodically—in fact too slowly for some of us. The individual- ator—but a consensus moving forward, because of the cold war history, an alli- ized dialogues with interested coun- nonetheless, in the United States and ance to defend its members against the tries, an important stage in the proc- with our allies and like-minded coun- threat, that then existed, of Soviet ess, are now underway. tries of Europe, on the future of the movement across Western Europe. The fact is, NATO from the beginning, and Mr. President, I am concerned that North Atlantic alliance, this extraor- the amendment offered by the Senator dinarily successful alliance often re- particularly today in the post-cold-war world, has a second and I would say from Georgia to mandate yet another ferred to as the most successful defen- study would have the effect of delaying today much more important purpose, sive alliance in the history of the the NATO enlargement process already which is to serve as a body in which world. In fact, NATO did deter Soviet underway. aggression, the prospect of Soviet ag- the potential conflicts among its mem- The requirements of the study in the gression westward into Europe bers are moderated and defused. That amendment before us seem to empha- throughout the course of the cold war. is the role it has played and that is the size only the costs and commitments I hope, over the coming months, we role it will continue to play, once these that the United States would under- will be able to work together, Demo- fledgling democracies and market take and the anticipated impact on crats and Republicans, the President economies of Central and Eastern Eu- Russia. These questions, if I may say and Congress, to advance the adapta- rope reach the plateau which will be es- so with respect, seem to be the ques- tion as well as the enlargement of tablished, at which they can join tions of an attorney in a courtroom NATO to meet the challenges of the NATO. That is the role NATO will play leading the witness. post-cold-war world. for them as well. In another sense, Senator BROWN has The amendment before us raises Secretary General Solana, the Sec- referred to this as a literacy test, as a questions. But I do think it also ex- retary General of NATO, was here ear- pre-civil-rights-era literacy test that presses the underlying skepticism of lier this week and he made a very im- used to be applied to respective Afri- its sponsors about either the idea of en- portant point, which is that one of the can-American voters in the South with larging NATO or the pace of NATO en- standards for membership in NATO the intention of denying them the op- largement. The amendment, however, will be not only the extent to which portunity to vote. I am afraid the ef- does not express the views of many of human rights are recognized in the po- fect of these questions will lead to a us in this body who have thought tential NATO member, not only the ex- conclusion that there are not going to through the same issues and come, re- tent its market economy is flourishing, be any countries joining NATO in the spectfully, to a different conclusion. not only its military capacity to par- near future, and that is a result that I That is why I rise in opposition to the ticipate in the NATO alliance, et am opposed to. amendment. cetera, but also the extent to which it It is possible, as has been suggested In my view, we must look to the fu- has eliminated conflicts with its neigh- by the Senator from Colorado and the ture and expand the North Atlantic bors. That is a precondition of joining Senator from Arizona and the Senator Treaty Organization in two significant NATO. Conflicts between, for instance, from Georgia, that discussions can be ways. I think we need to deepen this Hungary and Romania over the rights carried on that would alter or at least great partnership to develop a reliable of ethnic minorities—it seems to me broaden the nature of the questions. coalition of like-minded countries to one of the preconditions of membership Some of these questions ought to ask share the burdens of maintaining inter- in NATO will be for those countries, if about the positive effects, of which national security and we need to en- they are to be considered, to resolve there are many, in expanding NATO: large NATO by admitting new democ- those conflicts. And that is a perfect standing true to American principles of racies of Central and Eastern Europe to indication of the way in which NATO human rights that we expressed so full membership. has had an internal purpose, to pre- often during the cold war, creating a I believe we should enlarge NATO for serve stability in Europe. It is impor- kind of burdensharing for ourselves two basic reasons. The first I will call tant to remember that the members of that NATO has represented.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7137 NATO for us, more and more, means magazine which Senator retiring would bill to provide aid for Poland in 1989, that we are not going to be called on to be missed the most, and the person who right after the change there. It has be the sole policeman of the world. Re- came out first in that contest was SAM been dramatic. I have been in touch member what happened in the gulf war. NUNN. I agree with that assessment. with the situation in Poland for some We did not have to fight that conflict I was home grabbing a bite to eat. We time. They have fears. Whether they alone; our allies from NATO were with just live about 10 minutes from here, are legitimate or not, that is a matter us. They are with us in Bosnia today. and I heard Senator NUNN speak and of judgment, but they have fears of Years into the future, as we worry Senator MCCAIN. I hope the Senator their neighbor to the east. about continued security and stability from Colorado will forgive me, but as Ultimately, the great threat that in the Middle East and in Asia, I think soon as he got up to speak, I got in my Russia faces militarily is from China, our allies in NATO will provide an op- car to come down here and heard the not from the West. I hope when we portunity to share the burdens and cost end of Senator LIEBERMAN’s comments. have a more stable democracy in Rus- The point that Senator MCCAIN made of world leadership that the United sia—and Russia is moving in that di- that this is ill-timed, I think, is appro- States would otherwise be called upon rection, clearly—I hope Russia can be- priate, and I hope my colleague from to expend. come a member of NATO. But I think The point is this: The process is un- Georgia will think about deferring this to adopt this amendment right now is derway under which Ministers of the amendment until we get to the foreign not in our interest. member nations of NATO will meet in ops bill after the election. December to make some key decisions This is an emotional issue in Russia. Frankly, I do not think even having about how to enlarge the alliance. We You can argue that it should not be an a vote on this amendment right now is cannot forego that opportunity while emotional issue, but the people in Rus- in our interest. I think—and I again we await the results of another study. sia were told year after year after year have a huge respect for my colleague I will say two things. Perhaps it is by the propaganda machine that NATO from Georgia, who is one of the giants worth trying to alter these questions represents a military threat, and even of this body—but I think it would be to make them more balanced. My pref- though the Soviet dictatorial appa- much better to consider this after the erence, frankly, is that this amend- ratus is gone, that fear of NATO is Russian election, the runoff election, ment be defeated, because I think it there. It is an emotional issue in Rus- which is not that many days off. But if confuses an ongoing process. In some sia. we have to vote, I will vote for a sub- ways, it begins to tie the hands of the For those who say, ‘‘Well, emotions stitute or vote against this amend- President and the executive branch. shouldn’t govern decisions on foreign ment. I yield the floor. These are all questions that, should relations,’’ take a look at—and I know Mr. BRADLEY addressed the Chair. there be a decision in NATO to enlarge, many of my colleagues will disagree will come back to this floor for a great with me on this—take a look at what The PRESIDING OFFICER. The Sen- debate, because no one can automati- the United States is doing vis-a-vis ator from New Jersey. cally be added to NATO without the Cuba. Our policy in Cuba is clearly a Mr. BRADLEY. Mr. President, I rise Senate of the United States—this reaction to national passion rather in support of the amendment offered by body—being asked to ratify an amend- than national interest. We could not the Senator from Georgia. I think this ment to the North Atlantic Treaty alli- have devised a policy ultimately that amendment is vitally important to pre- ance by a two-thirds vote. So I say is more favorable to Castro than the vent us from precipitously going down these questions are preliminary. policy that we designed. So in Russia, the path of NATO expansion without The first choice would be we defeat you have an emotional reaction to considering the consequences. the amendment. Second, perhaps we NATO. This amendment forces us to ask the The amendment that is before us is could work on some questions and who and the when, to take a hard look tilted. There is just no question about withdraw others to make it a more bal- at the consequence of NATO’s expan- it. I have enough confidence in the Sen- anced series of questions. sion before we leap. I and many in this Third, I hope we make it clear, and I ator from Georgia that if this were to body are absolutely thrilled by the dra- hope within the text of the amendment be withdrawn and then some of us get matic geopolitical changes in the last that these questions are not intended together before we have the foreign ops several years. The end of communism to delay in any way the process that is bill and try to fashion something, I as far as an active, vital, dominant now going on in NATO, meeting in De- think we can do it. force in the landmass of the Soviet cember, a presumed summit to occur I will add here, I think there are Union is a startling development. The sometime in the first 6 months of 1997, ways of defusing this a little bit in to formally continue the process of Eastern Europe. The President of the breakup of the Soviet Union itself was NATO enlargement. Parliament of Belarus was here about a startling development. If we are going to go forward in the 10 days ago and visited with me. One of When the cold war ended, it thrust spirit of compromise, let us make it the things he said to me was, ‘‘I hope the United States, Russia, the former clear it is not intended to inhibit the you don’t permit NATO to be expanded. republics of the Soviet Union, Eastern President or his designees in any way It’s a very emotional issue in Belarus.’’ Europe, Central Asia, and our NATO in what they will do between now and I said, ‘‘What if we were to say that allies all into uncharted waters. when the study will come forward. nuclear weapons could not be based in As long as the Soviet Union existed, I see other colleagues on the floor. I any of the additional countries that the United States-Soviet rivalry was ″ have spoken at length. It is an impor- come into NATO? defined as an era in fundamentally ide- He said, ‘‘That would be a very dif- tant issue. It is an issue we are going ological terms. It was the prominent ferent thing. That would make it much to debate and we ought to debate in the feature of the international system in interest of our national security. Re- more acceptable.’’ Frankly, because nuclear weapons a bipolar world, and it was the primary spectfully, I do not think this is the justification for NATO, one of the two right time to have this debate or adopt can reach anyplace in a matter of min- utes today, militarily it is not nec- treaties—the other with Japan—that this resolution, and I will vote against governed our sovereign commitments it, certainly, as it is before us at the essary. I think some compromises can be to allies around the world, commit- current time. ments that required us to send Amer- I thank the Chair, and I yield the worked out. Let me just add, for any- ican troops to defend the nations with floor. one from the Russian Embassy who is Mr. SIMON addressed the Chair. interested who may be listening, I whom we had made the treaty. The PRESIDING OFFICER. The Sen- think this is in the best long-term in- Now the Soviet Union no longer ex- ator from Illinois. terest of Russia. Yes, I am concerned ists. We are in a period of transition. Mr. SIMON. Mr. President, I join in about Poland and the Czech Republic As a result, NATO in particular is rede- questioning this amendment. I say to and Hungary and the other Central Eu- fining its role in the world, in a world my colleague from Georgia, for whom I ropean governments. without the Soviet Union, which was have great respect—I notice the Senate I had the privilege, some of you may the pretext for its founding. But just as staffers were asked by Washingtonian recall, of being the chief sponsor of the NATO is trying to redefine its role in

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7138 CONGRESSIONAL RECORD — SENATE June 27, 1996 the world, so Russia itself is struggling drop of sweeping change, of redefini- makers and NATO itself in its enlarge- to redefine its future. It is in the midst tion in the West as well as the East, I ment study, fears of Russian aggres- of that redefinition period now, in the think we have to be honest about what siveness are clearly a significant moti- midst of a Presidential election. we hope and what we can realistically vating force behind NATO expansion. In early May, I was in Moscow. I ar- expect to accomplish. That is a legitimate feeling on the part rived the day that there were 30,000 or First, on the issue of increased secu- of the peoples of Eastern Europe be- 40,000 supporters of Mr. Zyuganov in rity and stability, the primary ration- cause they were dominated, occupied, the streets, with red flags, pictures of ale voiced by the proponents of NATO by a Soviet Army for 45 years. Natu- Lenin, the whole thing, parading for enlargement is that it will increase se- rally, they have a fear, but to assuage their candidate. That same day I drove curity and stability in Europe. those fears, do we want to jump head- past the park and saw a candidate up How that can be accomplished, long before we consider some of the on a big platform speaking, with great though, in real terms has yet to be ex- larger strategic questions? plained. Achieving stability is a long- speakers, and four our five generals I think this fear of Russian aggres- term process that will require strategic with ribbons standing next to him. siveness is obviously the case for these I said, ‘‘Who’s that?’’ They said, dialogue with all parties. It will also Eastern European countries seeking ‘‘Zyuganov.’’ I said, ‘‘Stop.’’ I and a Re- require the completion of the funda- enlargement immediately. It could publican colleague melded into the mental economic and political reform very well be the motivating force for crowd. I know the Chair might think it process that the countries of Eastern many Western policymakers. is difficult for me to meld into any Europe and Central Asia are still un- crowd, but we did so. And I asked our dergoing. This is not going to happen What is the effect? While NATO’s interpreter, ‘‘What is he saying?’’ The overnight. It is far from certain that own study and others downplay the ef- interpreter said, ‘‘He has just said that NATO’s immediate expansion will pro- fect of NATO expansion on Russia, it is the German-Israeli-American con- mote either of those tasks. clear to even the most casual observer spiracy to destroy Russia will not suc- In fact, NATO expansion is likely to that NATO’s enlargement is viewed as ceed if I am elected President.’’ To cut off or possibly even polarize a stra- a threat by Russia, particularly given which my response was, ‘‘Well, at least tegic dialog between the West and Rus- that those who would expand NATO are we were third.’’ sia about Turkey or about Asia or seeking to do so because of their fears Indeed, he did not make a successful about where they perceive their of Russian aggressiveness reasserting showing in the Presidential election. threats coming from. itself as if it were a genetic quality. The first round has been held. Mr. Further, NATO enlargement is not an Russia’s view of NATO expansion is Zyuganov and Mr. Yeltsin are in a final automatic guarantee of security, par- not surprising when one looks at the runoff that will be decided in the next ticularly, as this amendment suggests, post-cold-war world from a Russian several days. as many important questions related vantage point. Russia has been stripped Russia is in a period of redefinition. to membership enlargement of NATO of its empire, gone the way of new re- It is beginning to say—will it cast its have yet to be answered, particularly publics, new countries, and is but one lot more in the direction of democracy, with regard to the effect that enlarge- of 15 countries—the largest, but one of market reform, moving into integra- ment will have on NATO itself, includ- 15—in the former Soviet space. By ex- tion into the world economic and polit- ing its nuclear posture and its security panding the West’s military bloc—and ical system, or will it once again re- guarantees. Indeed, an expanded NATO that is what NATO is, that is why it treat to a more isolationist position in is probably no more likely to respond was formed, that is what its primary the world? militarily to an invasion of Eastern funding is, let’s be honest—by expand- So the Presidential elections in Rus- Europe than an unexpanded NATO. ing the West’s military bloc along its sia are very much about all this. As If we consider these countries suffi- borders, Russia could not help but feel Russia defines itself internally, what ciently vital to our interest, the West boxed in by an organization whose pri- kind of system it wants, what kind of will act without a treaty; if we do not mary aim for most of its existence has democracy it wants, Russia will also consider them vital, no treaty is going been to act as a shield against a poten- continue to redefine itself in relation to force a President to send American tially aggressive Soviet Union. to both the West and the East. It has troops into the region. grave concerns and worries about Nor will NATO’s expansion guarantee If expansion is accelerated, a threat- China. It is very concerned about Turk- the vital political and economic reform ened and increasingly nationalistic ish influence in a lot of the Central that is a prerequisite to security. You Russia may further isolate itself from Asian republics. can have a lot of military armor de- the West, and the prophecy about Rus- It has much less concern about the ployed forward, a nuclear deterrent, sian aggressiveness could easily be- West. The war of ideology is over. and if you have an economy crumbling, come a self-fulfilling one. I think that There is no reason for them to fear the because the comparative advantages is unlikely because of the economic West. We know that. They see where available in Poland, Hungary, and circumstance in Russia. their geopolitical worries are, to the Czechoslovakia cannot bring full fruit However, immediate NATO expansion south and to the east. They are now in because the Western Europeans will enlargement gives a pretext for those the process of not only redefining block all their products from being im- who would play on those fears and themselves internally but also exter- ported into the markets of the West, it those who would stir that pot. We need nally. In this process the nature of is a hollow victory. to think about this and ask some tough those relationships are not a foregone In fact, one might argue that NATO questions. conclusion. expansion enlargement may hinder If expansion is accelerated, a threat- The Eastern European countries that such reform by encouraging the diver- ened and increasingly nationalistic are seeking NATO membership are also sion of limited resources in these coun- in a process of transition. They have tries to military modernization rather Russia may further, as I said, isolate turned their backs on Soviet Russian than to economic development. itself from the rest of the world. The influence and are firmly allying them- Mr. President, it is important we also hopes of Russia’s implementation of selves with the West. We welcome that. try to think through before we take START I or the ratification of START We want them to be integrated into the this step. The amendment, I think, II would become increasingly remote. West. We want them to become a mem- forces this thinking process. What does Tensions could increase. NATO’s imme- ber of the European Community. We it say about Russia? We have to be diate enlargement will not solve our want them to be a part of a Western fu- honest about the role of Russia, both in security concerns. Indeed, I believe it ture. They want to integrate as quick- our motivation toward expanding is very possible that it could heighten ly as possible to get the economic ben- NATO and in our assessment of the po- them. efits as well as the promise of greater tential stabilizing or destabilizing ef- Rather than isolating Russia, we security. fect of enlargement. should seek to engage Russia and oth- So, Mr. President, as we consider First, the motivation. Despite protes- ers in a long-term strategic dialog NATO’s expansion against this back- tations to the contrary by some policy- about what they perceive to be their

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7139 security concerns. If we engage that di- It is enormously important that we tions systems and conformity of mili- alog without a precipitous action of en- ask the questions before we leap and tary doctrine with those of NATO. largement in that dialog, it will be- find we have precipitated a response That is the purpose of the Partner- come clear that their concerns are that will create less security, not more ship for Peace. That is what they have more oriented toward China and to the security, for the very countries to been doing for the last 3 years. Why are Turkish activity in the former repub- whom the enlargement is expected to we reluctant to ask the question? I am lics of central Asia than it is to the give greater security. not sure why we would not want to West, particularly NATO, particularly So, Mr. President, I support the know the extent to which the new Western Europe, and certainly Eastern amendment. NATO members have established demo- Europe. I yield the floor. cratic institutions, free market econo- Mr. President, I think we should Mr. President, I suggest the absence mies, civilian control of their armed work to reduce the threat of nuclear of a quorum. forces, including parliamentary over- weapons by ensuring implementation The PRESIDING OFFICER. The sight of military affairs and appoint- of START I and START II, but I have clerk will call the roll. ment of civilians to senior defense po- some reservations about precipitously The assistant legislative clerk pro- sition, and the rule of law. expanding NATO at the expense of our ceeded to call the roll. Is there reluctance to find out or get own national security. Our consider- Mr. NUNN. Mr. President, I ask the assessment of the President of the ation of these concerns is not, as pro- unanimous consent that the order for United States sometime next year, giv- ponents of enlargement like to argue, the quorum call be rescinded. ing him plenty of time? This is not the result of Russia bullying the The PRESIDING OFFICER. Without something we are going to have an- United States or NATO. It is in our objection, it is so ordered. swers to tomorrow or the next day. It own self-interest to consider the im- Mr. NUNN. Mr. President, I know is not going to come until January of pact that enlargement would have on there is a good-faith effort to now see next year. Russia. It is in our own interest to do if we can draft some additional lan- One of our colleagues said that, of this. If the purpose of NATO expansion guage, or perhaps some substitute lan- course, the answers would vary as to is to increase security, our security, guage for some of this amendment. I whether Mr. Zyuganov is elected or Mr. obviously, its destabilizing impact on am certainly pleased to work with my Yeltsin is elected. Precisely. I would Russian-NATO and Russian-United friend from Arizona and others on that assume that any President would take States relations need to be a part of approach. that into account before they filed a that analysis. I am a bit curious, though, how a report next January. If they did not, What about the effect on NATO and vote on an amendment that is asking then I would be amazed. Certainly, the U.S. participation in NATO? Finally, what it is going to cost to expand circumstances will make a difference. we have to be honest about the effect NATO and how much the American I do not know why we would not of enlargement, as I said, on NATO taxpayers are going to pay—that that want to know the extent to which the itself and on the increased responsibil- information is tilted. I do not quite un- prospective new NATO members are ities it will entail for the United derstand that logic. I really do not un- committed to protecting the rights of States. derstand the logic that says that we do all of their citizens, including national Enlargement could have significant not want to know what the strategy is minorities. repercussions for how NATO operates. I going to be as we expand the defense Is there someone that does not want do not think these issues have been ac- alliance that involves possible commit- to ask that question? Is that a painful tually explored. That is really the pur- ment of American forces and the pos- question to ask? I know the Senator pose of the amendment of the distin- sible—in fact, automatic, if there is an from Connecticut made the state- guished Senator from Georgia. article V protection for full NATO Enlargement will also require NATO ment—and I think he is right—that one members, an automatic basic nuclear to devote less energy to important re- advantage of NATO is to keep the forms, helping it to adopt to the reali- umbrella being extended, meaning that countries from having armed conflict ties of the post-cold-war world, and the we are willing to, in an extreme situa- with each other. Certainly, that is the enlargement will impose even greater tion, use nuclear weapons, if we have case, I think, in the case of two allies, responsibilities and costs on the United to, to defend our allies. That is a seri- Greece and Turkey. Their membership States without any serious assessment ous undertaking. in NATO has helped prevent that—al- of whether such responsibilities and I am not sure why there is any reluc- though the animosities are, unfortu- costs are in the United States’ interest. tance to ask the President to tell us nately, still present. Mr. President, as the foregoing illus- what the strategy is. Is that something Why would we not want to know trates, NATO expansion is not an easy we do not want to know? If he cannot something about the treatment of na- issue. It is a quick fix, a form of what give us the complete strategy, and if he tional minorities? It seems to me that I call ‘‘cold war lite,’’ that is likely to says there are certain contingencies, was a fundamental question that cause a lot more harm than good. It is fine, that is what he will answer. But should have been asked by our allies more a leftover from cold war thinking why should we be afraid to ask the and the United States of the newly than it is a rethinking of U.S. security question? I am not sure why we would emerging states in the former Yugo- interests worldwide. It is more a pre- not want to ask the question of wheth- slavia before we recognized them. We dictable human response to the call to er it is going to involve prepositioning should have asked the question about assuage the worries and historical con- American equipment and how much their treatment of minorities and their cerns of our friends in Eastern Europe that is going to cost. Why would we not respect for human rights and their rule than it is a longer term view of how to want to know the answer to that? of law. guarantee their security over time. I am not sure why we would not want Is there really a sentiment in the Mr. President, I have serious con- to know the answer to whether air Senate that we do not want to know cerns about precipitously rushing into forces are going to be involved, or the answer to that question, or we do NATO expansion. At a minimum, we whether there is going to be forward not even want to ask it? Is that tilting? should ask some difficult questions and stationing of ground forces. Are we It does not seem to me that it is. take the time to study the issue seri- really going to expand the alliance and Is there somebody who does not want ously. I think that is precisely what not ask ourselves those questions? I am to ask the question whether the pro- the amendment offered by the Senator puzzled. spective new NATO members are in a from Georgia requires. I am not sure why we would not want position to further the principles of the I support the amendment fully. It is to know the extent to which prospec- North Atlantic Treaty and to con- his amendment to decide how to pursue tive new NATO members have tribute to the security of the North At- in the remaining hours. If he chooses achieved, or are expected to achieve, lantic area? Is that a painful question? to have a vote, I will be for it. If he interoperability of their military Is this some kind of inside-the-beltway chooses to wait and have a vote a little equipment, air defense systems, and steamroller that is going so strong bit later, I will be for it then. command, control, and communica- with people, having taken positions

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7140 CONGRESSIONAL RECORD — SENATE June 27, 1996 about NATO expansion and not asking years of warning time before any kind let us pick out the members by a legis- these questions, that we cannot ask of threat to certainly some of the coun- lative fiat amendment, basically which them now? What is going on? tries that we are talking about taking is put on the Foreign Relations Com- Are the American people not entitled in. mittee bill the same day? I find that to know what it is going to cost? Are Does anyone really not want to ask also puzzling. they entitled to know whether we are the question, and ask the President to Mr. President, these are all questions going to forward deploy our forces? Are think before we agree to immediate ex- that need to be asked. I will not be they entitled to know whether we are pansion of NATO, of the effect on here when this debate takes place next going to preposition our equipment? Or Ukraine? If you look at the map, year, or whenever it takes place, on the are they at least entitled to have the Ukraine geographically may be the NATO expansion. But I will be watch- President tell the Congress what we most vulnerable and may be the most ing the debate as will other people all are going to do in terms of strategy? important country to retain its sov- over this country, and I will certainly Some of it may be classified. Is that ereignty. But if they are not going to hope that all of these questions would something that we are going to do, put be in the first tier, not going to be part have not only been asked but also to blinders on and say, let us charge out of NATO but we expand NATO and na- the best extent possible been answered. and see who can take the strongest tionalism kicks up in Russia in re- You cannot forecast every scenario stance and expand NATO the quickest, sponse to it and they start basically and every possible type of conflict. But without asking questions? Is that what putting pressure on Ukraine, are we that does not mean you do not have a our colleagues are concerned about? ready to deal with that, or do we not strategy. I know that there are people who want to ask that question? Is the NATO strategy something we have taken the position we should ex- Is that one that is too hard to ask? cannot talk about? For 45 years we pand NATO. I think there is a case that Should we restrain ourselves and not have had a strategy in NATO. The first we should. I, myself, believe we should ask it because it might be a hard ques- report out of the U.S. Senate was on expand NATO. I believe that the logical tion? NATO’s strategy; a critique of it. It step, though, as the Senator from New What about the Baltics? What about was not classified. We had a strategy. Jersey said so well, is to make sure the countries that have been sup- We had a strategy of forward defense. that countries which are not now under pressed for years and years by the America has had a strategy for years military threat secure their economy former Soviet Union that are now not not only of conventional deterrence in and their political system. only building their own sovereignty NATO that was avowed, but we had a I really find it a little puzzling that but are doing pretty well in democracy, declared open strategy of being willing some of our European colleagues could and in their economy? If they get left to use nuclear weapons in response to a say it is too difficult to expand the Eu- out of the NATO expansion in the first conventional attack. That was not a ropean Community. They need access round, are they likely to come under secret. Maybe somebody did not know to trade. What they need is markets. It real pressure from a nationalistic kind it. But we had that as a strategy. That is too difficult to decide whether we of response in Russia? Is this some- was part of our strategy. If the NATO are going to let new countries in that thing we do not want to think about? alliance were overwhelmed with con- grow vegetables and they might ship Do we want to just say let us not think ventional weapons, we reserved the them across the border. It is easier for about it? right by declaration of being the first the US. to extend a nuclear guarantee. Mr. President, I am perfectly willing ones to use tactical nuclear weapons in I mean, we can be the country that de- to work out language. I think there are response to that. That was our strat- cides that question, but we do not want some questions that can be added to egy; an open declared strategy. to ask the question. this. Now are we going to expand NATO I mean, is it really harder to open up Certainly it seems to me that every and not have a strategy? Is that what markets and let countries that are question in here is relevant, and every we are being told? If so, then I dissent. newly emerging and need the mar- question in here I would be appalled if NATO has to have a strategy. That is kets—is it harder to give them access I did not think the President of the why when the politicians start telling than it is to extend a nuclear guar- United States leading our country as the military, ‘‘OK. Folks, it is too hard antee, saying that if there is a war, we Commander in Chief had thought to talk about economic expansion. It is would go even to the extent, in ex- through these questions before we too hard to talk about access to mar- treme situations, of using nuclear make the final decisions. I would be ap- kets. Those are tough questions. But weapons? palled if I did not think NATO had you go out and you expand and give Are we basically saying that politi- thought through them. these military guarantees, and we are cians cannot deal with economic I know they have not all been not going to ask any hard questions issues; let us all turn it over to the thought through now. I understand about how you are going to do it.’’ military? that. But by the time NATO makes Well, if we ever have to do it, if there I favor a logical sequence of expan- these decisions, if they do not ask is ever a threat and we have to re- sion of NATO. I think it makes all themselves these questions, and if our spond, we will demand that our mili- sorts of sense as the European Commu- leadership in the Congress does not ask tary have thought through that strat- nity expands to take those new mem- these questions, and if the President egy, and any of them who have not in bers, and, if they meet NATO standards does not ask these questions, then we leadership positions would be properly to give them serious consideration for are not fulfilling our constitutional ob- criticized. They would not have ful- membership, then I think in most cases ligation to the American people. filled their duty, and they know that. they would be eligible for membership. Mr. President, I am perfectly willing That is why they are busy scratching I also think if there is a threat that to work with people on this amend- their heads with these questions, and we ought to be willing to respond to ment. I find it a little bit puzzling that basically trying to figure some of them that threat where it makes sense mili- the argument is being made that this out when we may be reluctant to even tarily and where we can be effective amendment asking the questions might ask them to think about it. militarily. If the Russians elect an ex- place some adverse effect on the Rus- Mr. President, I find it puzzling. But tremist or nationalist who decides they sian elections when we are asking the I am sure that we can continue to work are going to rebuild the threat against questions but a NATO expansion and perhaps work out some language Central Europe, of course, we ought to amendment that pushes forward with on this. I can assure my colleagues, if be alert to that. The difference now it that is put on the Foreign Relations we do not work out language now, we though is that—in the cold war we may appropriations bill today has no bear- will be revisiting this issue this year have had 15 days of warning time or we ing. because at least I am determined that may have had 3 months warning time One amendment—this one—asks the we have a framework—a kind of frame- of any kind of attack—now all of our questions. How could that have an ad- work that the American people have intelligence and military people would verse effect on the Russian elections every right to expect of us where the tell us we have years of warning time; when NATO let us expand quickly and Congress of the United States will be

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7141 called on to ratify this treaty, this ex- your interest to have Hungary on your take for us to hold out a hand of friend- pansion of the NATO alliance. We will side rather than opposed to you. Does a ship and then not answer their ques- be called on to ratify it, and I think war cost less if they are on your side tion when they ask to stand side by our constituents—the American peo- than if they are opposed to you? Of side with us. If we really want someone ple—have every right to expect that we course it does. This is phrased in the else to have a sphere of influence over will be asking these questions and that terms of reference of the Congressional them, we ought to be straightforward President Clinton, or President Dole, Budget Office—how much more does it enough to say it. I think it would be a or whoever is President, when this de- cost to do it? bad policy, but we ought to be straight- cision is made will have asked and have That is stupidity. I am not referring forward about it. But year after year a projection of the answers to these to individuals. I am referring to con- after year to say: kinds of questions. cept. The question is not what it costs Oh yes, we want you as part of NATO Mr. President, I yield the floor. to defend them. The question is, what but just not this year. Mr. COATS addressed the Chair. does it cost if we do not defend Central Well, when? The PRESIDING OFFICER (Mr. Europe? To suggest that if you have Well, maybe next year. Maybe the GRAMS). The Senator from Indiana. more allies and more troops and more year after. We are certainly talking Mr. COATS. Mr. President, I suggest strength it is more costly to defend about the year after that. the absence of a quorum. that than with less is not a serious These are smart people. They are not The PRESIDING OFFICER. The question. To ask if it increases your foolish. If we treat them that way they clerk will call the roll. cost to have a bigger enemy or a small- will understand what is happening to The legislative clerk proceeded to er enemy, I do not think is a serious them and they will react. Is it in our call the roll. question. interests to give the back of our hand Mr. BROWN. Mr. President, I ask Now, what is the question? The ques- to people who want to be our friends unanimous consent that the order for tion is basically this. Do we want to and allies, our comrades? I do not the quorum call be rescinded. recognize a sphere of influence by Rus- think so. But we ought, at least, to be The PRESIDING OFFICER. Without sia over the future fate and defense straightforward. objection, it is so ordered. policies of Central Europe? That is the If the question is recognized sphere of Mr. BROWN. Mr. President, I wanted real question that we have to address. influence of other countries over them, to just talk for a moment or two about My sense is that if we are clear that we ought to at least face up to that. the amendment of the distinguished they must be masters of their own des- But if we think they should have an op- Senator from Georgia dealing with tiny, or at least have that option, we portunity to be independent and free, NATO expansion. put the question to rest. It would be and this country stood for that for a Obviously, the immediate step that solved. It would be decided. But if we long, long time, and we think the addi- both NATO and the United States and leave it open, as has happened the last tion of their forces standing side-by- Central Europe have talked about is 4 years, then we invite people in coun- side with ours would make that more the potential of the Czech Republic, tries that might want to control Cen- likely to be realized, their freedom and Poland, and Hungary jointly. There are tral Europe to imagine that we would long-term independence, then we ought other countries that wish to join as sit idly by and allow them to dictate to get on with it. We should not play well, and in time they will be evaluated their future. games. A 2- or 3-year study on top of 4 and pass the standards that have al- Mr. President, if there is a lesson or 5 years of study is not a way to de- ready been developed. that comes out of World War II, it is crease our problems. While this amendment is put in the that uncertainty as to your intentions I yield the floor. framework of asking a whole series of can be devastating at times. But I hope Mr. MURKOWSKI addressed the new studies, I compare it to the old- we will debate that issue, because a Chair. style Mississippi literacy test because sphere of influence is a reasonable de- The PRESIDING OFFICER. The Sen- it is this Senator’s belief that they are bate. It is an important question. It ator from Alaska. designed to have the same effect. That may be there are those who think giv- Mr. MURKOWSKI. Mr. President, I is to take on the pretense of a study or ing others a control, a sphere of influ- am not sure what our state of affairs ascertaining a fact, but in reality to ence over Central Europe is a wise pol- is, but I wonder if I may speak as in simply flatly prohibit anyone from icy that will placate them. That may morning business for 3 or 4 minutes. ever entering. well be. There is a case to be made Mr. NUNN. Yes, we are waiting on I understand that is not the intent of there, a debate to be had. But to sug- amendments. There is an amendment the Senator from Georgia, and I do not gest it is less costly to have troops and pending, a NATO amendment, my mean to attribute that intent to him, allies based on the other side than our amendment, but it is temporarily laid but that is my belief of its impact. side I do not believe is a serious ques- aside so if anyone wants to bring a de- I wanted to deal specifically with one tion. fense-related amendment in we would of the issues raised, and that is the I must say, Mr. President, there is a welcome it. cost. The amendment discusses a study suggestion here that somehow we are In the meantime, we will all be fas- done by the Congressional Budget Of- going to be the ones to pay for the cinated with the Senator’s remarks. fice as to what it might cost to defend troops in Poland and pay for the troops Mr. MURKOWSKI. I appreciate my Central Europe. Mr. President, the in Hungary and pay for the troops in friend from Georgia. I am sure he will question is not the cost of defending the Czech Republic. No one from those be fascinated. Central Europe in the event of a mili- countries has suggested that. They The PRESIDING OFFICER. Without tary conflict. With all due respect, it is have not asked for it. We have not vol- objection, it is so ordered. the difference in cost of defending Cen- unteered it. I do not think it makes tral Europe if they are part of NATO any sense, nor should it. But I do think f and if they are not part of NATO. it makes sense for them to be on our You do not have to have a CPA to side and not opposed to us. ENERGY POLICY CONSERVATION figure out this question. If 400,000 Pol- We have talked about sharing surplus ACT EXTENSION ish troops are on your side instead of material with them as we do with Mr. MURKOWSKI. Mr. President, I opposed to you, does it cost more to de- other countries around the world. But would like to bring the attention of fend Central Europe or does it cost let me suggest that there is a real plus this body to a piece of legislation that less? That is why I feel this the amend- in the development of joint material is pending, S. 1888, the Energy Policy ment is so ludicrous. Of course it is with those countries. It helps develop a Conservation Act extension. I think better to have 400,000 Polish troops on common bond, a bigger production base my friend from Georgia will find it your side than opposed to you. Of and more unity, and I think it is worth does have an application to the defense course it is in your interest to have the pursuing. So I hope we will discuss the of our Nation, because this bill is very Czech Republic on your side rather issue and debate it and will move simple, and its immediate passage is than opposed to you. Of course it is in quickly on it. But I think it is a mis- extremely important to our Nation’s

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7142 CONGRESSIONAL RECORD — SENATE June 27, 1996 energy security as well as our Nation’s money in the stockpiles. The oil is controversy because some have ques- national security. there, ready to dampen the effects of tioned the consequences of and even The administration strongly supports an energy emergency on our economy. the motivation for such an amendment the passage of this bill and the lan- However, if we do not ensure we have at this time. But I would just like to guage is not controversial. However, as the authority to use the oil when it is indicate that I think it is important chairman of the Energy Committee, we needed, we will have thrown tax dollars that we try, as best we can, to return have been trying to clear this for 2 away. So, as I stand here before you, I to a bipartisan approach to foreign pol- weeks now. We continue to have, unfor- implore my colleagues to release the icy. tunately, objections from our friends hold and allow this simple extension to I would include within foreign policy on the other side of the aisle, the take place in the interests of our na- our defense policy as well. This is Democrats. But I know it is not the tional security and our national energy something that, when I came to the content of S. 1888 that they are object- security. If we do not ensure that there Senate in 1979, we assumed would be ing to. So let me make the situation is authority to use the oil when it is the policy of this body—at least to try very clear. I appeal to my friend from needed, it simply will be to no avail. to forge a bipartisan coalition that Georgia, the manager of the bill, that So, as I stated earlier, the content of would support foreign policy initiatives the authorization for two vital energy this legislation is noncontroversial. I and certainly our defense policy, know- security measures, the Strategic Petro- understand the Department of Energy ing unless we are united, we can only leum Reserve and the U.S. participa- has been strongly urging Members on cause confusion, certainly within the tion in the International Energy Agen- the other side to remove their objec- country, and confusion amongst our al- cy are due to expire at the end of this tion. It is clear the objection from a lies as well. month. few Democratic Members has nothing The issue of NATO expansion is not new. We have been talking about it for S. 1888 simply extends those two vital to do with the substance of this bill. It some time. Yet suddenly, by virtue of authorities through September, until a is intended only to gain leverage on un- the submission of this amendment, more comprehensive reauthorization related issues. bill can be enacted. So if we do not pass Some of my fellow Republican Sen- some of my colleagues assumed there S. 1888 by the time we recess, the Presi- ators have problems with other parts of may be some political agenda, some hidden agenda on the part of my col- dent will not have the authority to EPCA that they would like to raise on league from Georgia and the cospon- withdraw oil from the Strategic Petro- the larger reauthorization legislation. sors that would have implications for leum Reserve if an energy emergency However, they have acted in concert to occurs in this country. Further, our our Presidential candidate. agree to allow this bill to proceed with- Let me indicate from the very begin- Government will not have the author- out amendment simply because of the ning, I favor the expansion of NATO. I ity to participate in International En- strategic significance of it. also support the candidacy of Bob Dole. ergy Agency emergency actions in an So I think it is reckless, I think it is I hope he becomes our next President. international energy emergency. irresponsible to knowingly place our I know that he feels very strongly that It has been evident in the last few Nation’s energy security at risk, to try NATO should be expanded. I intend to days, the significance of our depend- to gain some small political advantage. lend whatever support I can to his can- ence on Mideast oil, and the fact we are American service men and women, as didacy, as I have indicated. willing to have United States troops in we have seen time and time again, have But I believe that before we make a Saudi Arabia to ensure that peace is given their lives to ensure our Nation’s decision on enlargement, which carry maintained and that energy from that energy security. We have seen that some fairly serious consequences, we part of the world flows. Currently we with the tragic bombing in Saudi Ara- ought to know a number of things. We are about 51.4 percent dependent on im- bia the other day. Make no mistake ought to know what the implications ported oil. It is estimated by the De- about it, part of our presence there is are in terms of costs. We ought to partment of Energy that by the year to ensure the supply of oil for the know, at least get an assessment from 2000, roughly 4 years from now, that Western World would continue uninter- our intelligence community, what the will increase up to about 66 percent. rupted. We fought a war over that. We likely consequences would be for our Here we are with our authority to op- tried to put Saddam Hussein in a cage. allies and what the reaction will be in erate the Strategic Petroleum Reserve So I think it is shameful that today we Russia, to the extent we can calculate in jeopardy. There will be no antitrust would hold this legislation hostage to a it. Notwithstanding what the Russian exemption available to our private oil political will. reaction might be, we are likely to companies to allow them to cooperate I encourage my colleagues to allow take the steps necessary to enlarge. with the International Energy Agency the immediate passage of S. 1888. I But we should at least be aware of and our Government to respond to the think it certainly is germane to the de- what our intelligence community can crisis. Although it appears to be an fense matters we are discussing here on tell us about it so that we can make in- easy one for some to simply disregard the floor tonight, because you cannot formed judgments. these dangers, I again indicate that re- move military or defense capability if It seems to me that is not asking too cent events have underscored exactly you do not have the oil availability. So much. And perhaps it comes at a polit- how precarious the Nation’s energy se- I encourage my colleagues to address ical time, but these are issues that we curity is. As I have indicated, the their attention to the fact that, unless should raise in advance. We should not bombing in Saudi Arabia is further evi- we get this authority, SPR will simply find ourselves coming in at the tail end dence of the instability of the region be unable to be utilized if there is an of a decision where a President has that we rely on to supply the oil that emergency. made recommendations either to en- keeps the Nation moving. I thank the Chair and yield the floor. large or not to enlarge, where NATO As proven during the Persian Gulf The PRESIDING OFFICER. The Sen- has gone on record in favor, and sud- war, the stabilizing effect of a Stra- ator from Maine. denly the President turns to the U.S. tegic Petroleum Reserve drawdown far f Senate and says, ‘‘Well, the decision outstrips the volume of oil sold. The has been made. NATO is in favor of the NATIONAL DEFENSE AUTHORIZA- simple fact that the Strategic Petro- expansion. Now the Senate must go TION ACT FOR FISCAL YEAR 1997 leum Reserve is available can have a along.’’ Ipso facto, we must approve be- calming influence on oil markets. AMENDMENT NO. 4367 cause NATO has approved. There are those, myself included, The Senate continued with the con- That, I think, would put this Senate who were dismayed to some extent by sideration of the bill. in an untenable position—to have a a recent trend toward use the SPR as a Mr. COHEN. Mr. President, there has President of the United States make a piggy bank to pay for other programs. been a good deal of discussion this decision and then simply submit it to We will continue to debate the long- evening about the amendment offered us for ratification without us having term prospects for the SPR in the fu- by my colleague from Georgia, an any prior input into the decision itself ture. In any case, we have already in- amendment which I cosponsored. I or any kind of prior analysis of the evi- vested a large amount of taxpayer know it has generated considerable dence that we ought to be considering.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7143 There are other questions that can be try to overcome that and shape it to of many on this side of the aisle. But, added to the list of questions contained follow our leadership on that par- nonetheless, a deployment for 1 year, in this amendment. Indeed, one con- ticular issue. and at the end of 1 year we are coming cerns the benefits of enlargement. I might say in connection with an- home. That is the pledge. That, I think, is a very appropriate other subject matter, that of Bosnia, I What is taking place now, however, is question to add. A whole list of ques- do not think we have asked enough a suggestion that we need a new force, tions can be added. It is not locked in questions on the subject of Bosnia. and that new force necessarily will concrete. These were not written on Things are going well; apparently they have to include U.S. ground forces. We Mount Sinai. They can be added to; are going quite well now. There is less ought to start discussing that now and they can be subtracted from. But it bloodshed, virtually no bloodshed tak- not wait until after the fact. Not wait seems to me we ought to start the dis- ing place. The sides appear to have until after November. Not wait until cussion now. stepped back from this warfare that the Congress has dispersed either at One of my biggest criticisms is that has been waged for so many years, and the end of September or early October, NATO expansion has been bandied there seems to be a positive role that when we are spread to our constitu- about, but the American people have we have played during this interim pe- encies, and suddenly a decision is made not been asked about it. I hope we can riod, a period of trying to maintain a that we are now formulating a new pol- persuade them that it is in our na- truce. icy. tional security interest to expand the President Clinton and Secretary The elections will come, and whether coverage and the protection and the Perry each have pledged publicly time it is President Clinton who is reelected benefits of NATO membership to coun- and time again this is a 1-year commit- or President Dole who is elected, a de- tries that have long been under the ment. I think most of us would raise cision could be made in that interim heel and boot of tyranny, who are questions initially as to whether you between November and January to cre- yearning to become part of this won- should ever make a time commitment ate a new NATO force committing U.S. derful experiment in democracy and on the deployment of American troops participation. And then we would be capitalism. They are eager to come in anywhere, but a political decision has told: ‘‘Well, it’s a done deal. Our NATO under our umbrella, as such. been made that 1 year and 1 year only allies are in favor of it, and now we I hope that we can start the dialog is the amount of time we would deploy must go along or we undermine the now, to start going to the American our men and women to that region on credibility of the NATO force itself.’’ people and pointing out exactly what is the ground. Our NATO allies would no longer trust involved, understanding what the risks President Clinton has stated it pub- the United States if we should back are, what the calculated risks are, if licly many times, Secretary Perry has away from such a commitment. any. I, frankly, think we have suc- testified before the Armed Services That is a subject matter that is cumbed too often to Soviet, and now Committee on a number of occasions worth discussing. It may be necessary Russian, indication. Mr. Lebed once in- that they will start taking troops out, to do that. I have yet to identify a dicated if we were to expand NATO, as a matter of fact, beginning in either vital national security interest in Bos- that is world war III. Since that time, late September or early October. nia, which is an artificial state, but he has modified that suggestion. Now So there will be no October surprise. nonetheless that is this Senator’s judg- that he is a candidate for vice presi- It will not be a politically astute move- ment. But we ought to be talking dent, as such, he is taking a more mod- ment on the part of the President, about that. We should not wait until erate approach. ‘‘Aha, we’re going to have troops com- after the Bosnia elections in Sep- Nonetheless, we cannot ignore the ing home; unbeknownst to the Amer- tember. We should not wait until after statements made. We may take an ac- ican people, they will come on the eve the Congress is dispersed and we ad- tion in the face of such a threat, but at of the election.’’ We know in advance journ sine die. We should not wait until least it should be an informed decision they will be coming home before the after the November elections and then on our part. And I find nothing wrong election. suddenly find, my God, the President of with raising these issues now, even Yes, I am sure there will be some po- the United States has made a commit- though there is a Presidential cam- litical benefit from that which Presi- ment to deploy our troops in a new paign underway, because President— dent Clinton will seek to reap. We type of IFOR in the region, maybe well, I speak too soon—Senator Dole, know that is going to take place. We smaller, but nonetheless still signifi- candidate for President Dole has been also know, according to Secretary cant in size. on record for a long time about his fa- Perry, that all of our troops will be out So, Mr. President, we ought to get voring expansion. We will support him by the end of December. back to the business of having an ac- as best we can in that regard. IFOR will no longer exist, according tive, intelligent discussion of these But I think it is critically important to the stated plan. But there is some- issues. We ought to try to do so on a bi- that we start raising these issues now, thing else afoot, I must say, Mr. Presi- partisan basis if at all possible. It that we not blind side the American dent. We have not talked about it, but seems to me we ought not to look for people and say, ‘‘Well, the President of I see it starting to take place. It is hidden agendas. Does the Senator from the United States and the Congress somewhat undefined right now. It is Georgia have an agenda to try to slow have now gone on record that we are like a cloud very distant on the horizon the process down? I do not think so. all favoring expansion.’’ We have never that is coming our way, and we ought Others may come to a different conclu- asked them. We do not know if there to try to identify it, because, Mr. sion. He is raising these issues because are tax implications for them or President, there is afoot an attempt it is important that we prepare the whether we are simply going to borrow and a movement, I should say, in which American people for an analysis of ex- the money, or if any money will be nec- the IFOR—the so-called IFOR that is actly what the pros and what the cons essary at all. there today, the NATO force—will be are, what the benefits are, what the We have not asked them whether or replaced with a new force. costs are. not they would be willing to do it for That new force, presumably, will be Are we placing ourselves in greater not only Danzig, but Poland or the made up of NATO members, including jeopardy? Are we reducing the jeopardy Czech Republic or any of the other na- the United States. The size of that to our new friends and allies? All of tions that may come in, Hungary and force has yet to be determined, but it that is of critical importance, and we others, Slovenia. We have not asked will still have to be a sizable force if we ought to discuss it before we take ac- the American people as to whether or are going to deter and discourage any tion, rather than bemoan the fact that not they would support our sending our attempt to attack our men and women someone has taken action and we are troops to those regions should there be who are serving there. called to ratify it with no prior role or an attack upon any one of them. It is So now we have a situation in which participation. important we ask them now to get we have pledged to the American peo- I hope we can amend the language to some sense of what the public opinion ple it is 1 year, and that 1 year came make it more positive, to ask about is going to be, and if it is negative, to over the strong objection, I might say, the benefits of expanding NATO, which

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7144 CONGRESSIONAL RECORD — SENATE June 27, 1996 I support. But I hope we do not simply terials under subsection (a) to the extent So the administration, as required by defer these questions until some time that the disposal will result in— last year’s bill, has submitted such off- after the decision has been made and (1) undue disruption of the usual markets set legislation. They have now sub- then have the American people say, of producers, processors, and consumers of mitted offset legislation which would the materials proposed for disposal; or ‘‘We don’t want it. We don’t want to (2) avoidable loss to the United States. cover the lost revenues by selling as- pay for it. We don’t want the benefits (d) TREATMENT OF RECEIPTS.—(1) Notwith- sets from the strategic stockpile. The of it. We don’t want to defend Poland standing section 9 of the Strategic and Crit- Congressional Budget Office has given or Hungary or the Czech Republic or ical Materials Stock Piling Act (50 U.S.C. its stamp of approval to the adminis- Slovenia or the Baltics. We don’t want 98h), funds received as a result of the dis- tration’s plan. any part of that.’’ And suddenly the posal of materials under subsection (a) shall For several months there was some United States is placed in the position be deposited into the general fund of the confusion over whether the administra- of saying, ‘‘Well, we can’t back out of Treasury and used to offset the revenues lost as a result of the amendments made by sub- tion’s bill would work because it sig- it now. We have made the pledge.’’ nificantly overestimated how much So I think these are important issues section (a) of section 4303 of the National De- fense Authorization Act for Fiscal Year 1996 lost revenue needed to be offset, calling to be discussed. I hope that we can help (Public Law 104–106; 100 Stat. 658). into question whether the Department shape public opinion in favor of expan- (2) This section shall be treated as quali- of Defense could sell off sufficient sion, and I continue to lend whatever fying offsetting legislation for purposes of stockpile assets without interfering support I can to Presidential Candidate subsection (b) of such section 4303. with the market. Dole, Senator Dole, whom I expect and (e) RELATIONSHIP TO OTHER DISPOSAL AU- THORITY.—The disposal authority provided in Earlier this month, however, CBO hope will become the new President of concluded that waiving the R&D the United States. subsection (a) is new disposal authority and is in addition to, and shall not affect, any recoupment fee per last year’s bill AMENDMENT NO. 4369 other disposal authority provided by law re- would cost roughly $415 million (Purpose: To authorize additional disposals garding the materials specified in such sub- through the year 2005. That is about of material from the National Defense section. half of what the administration origi- Stockpile) (f) DEFINITION.—The term ‘‘National De- nally projected would be the cost. Mr. COHEN. Mr. President, I send an fense Stockpile’’ means the National Defense amendment to the desk and ask for its Stockpile provided for in section 4 of the At the time that the Armed Services immediate consideration. Strategic and Critical Materials Stock Pil- Committee marked up this bill, CBO The PRESIDING OFFICER. The ing Act (50 U.S.C. 98c). had yet to produce its analysis. So the clerk will report the amendment. Mr. COHEN. Mr. President, this is an issue simply was not addressed at that The bill clerk read as follows: amendment which I am offering, actu- time. But after we completed the The Senator from Maine [Mr. COHEN] pro- ally, on behalf of the administration. It markup, President Clinton’s adminis- poses an amendment numbered 4369. is something that involves what we tration said that unless we included Mr. COHEN. Mr. President, I ask call research and development this provision in the offset, they would unanimous consent that further read- recoupment. recommend a veto of the DOD bill. ing of the amendment be dispensed The state of affairs is as such: The So, in essence, I am acting on behalf with. U.S. companies that sell defense equip- of the administration to try to avoid a The PRESIDING OFFICER. Without ment abroad are charged a fee by the veto of the measure by now offering objection, it is so ordered. Department of Defense for the purpose that provision in the form of an amend- The amendment is as follows: of recouping the research and develop- ment, the provision that the com- At the end of title XXXIII, add the fol- mittee had failed to include. So I am lowing: ment investment that the Department has made in developing the equipment. serving here, I think, a bipartisan pur- SEC. 3303. ADDITIONAL AUTHORITY TO DISPOSE pose; namely, the administration said OF MATERIALS IN NATIONAL DE- These fees can run anywhere from 5 FENSE STOCKPILE. percent of the unit cost to as high as 25 we are going to veto this bill unless (a) DISPOSAL REQUIRED.—Subject to sub- percent of the unit cost. you include this amendment, so now I section (c), the President shall dispose of These recoupment fees often put our am offering the amendment to help materials contained in the National Defense industries at a substantial competitive avoid a veto. Stockpile and specified in the table in sub- disadvantage because the fees result in I know that some Members from section (b) so as to result in receipts to the States that produce materials that United States in amounts equal to— higher sales costs, leading some of the (1) $110,000,000 during the five-fiscal year buyers to simply purchase foreign-pro- would have to be sold have indicated period ending September 30, 2001; duced systems, instead. some concern about the effect that (2) $260,000,000 during the seven-fiscal year The Bush administration eliminated selling these strategic minerals would period ending September 30, 2003; and the R&D recoupment fee for commer- have on the markets. But I emphasize, (3) $440,000,000 during the nine-fiscal year the amendment explicitly prohibits period ending September 30, 2005. cial arms sales, but in the case of for- (b) LIMITATION ON DISPOSAL QUANTITY.— eign military sales, so-called FMS, any sale that would have an undue dis- The total quantities of materials authorized those in which the U.S. Government ruption on the markets involved. for disposal by the President under sub- acts as a middleman, the fee is actually Also, I am aware that some Senators section (a) may not exceed the amounts set required by law. might look at this amendment and ask, forth in the following table: Last year—let me emphasize this— ‘‘Aren’t we promoting international last year the Defense Authorization arms sales?’’ I agree that we should al- AUTHORIZED STOCKPILE DISPOSALS Act included a provision to allow the ways be careful about what arms we Material for disposal Quantity President to waive the fee under two sell and to whom we sell them. But this conditions. First, if imposing the fee amendment does not pose any problem Chrome Metal, Electrolytic ...... 8,471 short tons Cobalt ...... 9,902,774 pounds would cause us to lose the sale, then in terms of unwise arms sales. Columbium Carbide ...... 21,372 pounds the President can waive that First of all, the amendment only Columbium Ferro ...... 249,395 pounds Diamond, Bort ...... 91,542 carats recoupment fee. Second, if the foreign deals with FMS sales, which the Gov- Diamond, Stone ...... 3,029,413 carats sale would result in unit cost savings ernment has complete control and dis- Germanium ...... 28,207 kilograms Indium ...... 15,205 troy ounces to the Defense Department when it cretion over. If a proposed sale is un- Palladium ...... 1,249,601 troy ounces buys the same equipment and those wise or against our interest, this Platinum ...... 442,641 troy ounces Rubber ...... 567 long tons fees would substantially offset the rev- amendment in no way creates any in- Tantalum, Carbide Powder ...... 22,688 pounds contained enue lost from waiving the fee. centive for U.S. officials to approve the Tantalum, Minerals ...... 1,748,947 pounds contained Tantalum, Oxide ...... 123,691 pounds contained Here is the problem, Mr. President. sale. In fact, it would create a disincen- Titanium Sponge ...... 36,830 short tons Since allowing the fee to be waived tive because waiving the fee would re- Tungsten ...... 76,358,235 pounds Tungsten, Carbide ...... 2,032,942 pounds would on a net basis lower Government duce revenues. Tungsten, Metal Powder ...... 1,181,921 pounds revenues, last year’s bill delayed the I also note a Presidential commission Tungsten, Ferro ...... 2,024,143 pounds waiver authority until the enactment on conventional arms proliferation just (c) MINIMIZATION OF DISRUPTION AND of legislation to offset the projected last week released its report. That LOSS.—The President may not dispose of ma- lost revenues through the year 2005. commission was chaired by Janne

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7145 Nolan, known to many Senators be- would have to sell large amounts of its in- Washington should show more leadership to cause of her service in the Carter ad- ventories of NDS materials on to the world slow the proliferation of advanced weaponry ministration and as a Democratic Sen- market in order to meet the mandatory and ensure that civilian technology are not ate staffer. Another commission mem- schedule of receipts even if this would ad- being diverted to military use overseas. versely impact world markets for these ma- Although the panel noted that some arms ber was Paul Warnke, who was Presi- terials and harm both domestic and foreign sales to friendly regimes can add to U.S. se- dent Carter’s head of the Arms Control producers. Moreover, such action could af- curity, it warned that modern arms ‘‘have in and Disarmament Agency. So we have fect the market value of the remainder of some cases attained degrees of military ef- two very strong individuals who have the NDS inventories of these materials mak- fectiveness . . . [previously] associated only served in past Democratic administra- ing it impossible to meet the schedule of re- with nuclear weapons’’ and expressed par- tions who served on this commission. ceipts in future years. ticular concerns about the risks from selling The commission came out with some The second amendment would authorize to unstable regimes in Asia and the Persian strong recommendations to limit the sales of 10,000 short tons of Titanium Sponge. Gulf. This amendment is duplicative of the dis- In particular, the panel called for U.S. pol- sale of conventional arms to other posal authority for Titanium Sponge in sec- icymakers to stop approving some weapons countries. The relevant point for this tion (b) of the first floor amendment regard- exports to prop up declining U.S. defense amendment is that the commission ing FMS offsets which authorizes disposal of firms, a recommendation at direct odds with called for the complete repeal of FMS our total Titanium Sponge inventory of a U.S. conventional arms control policy R&D recoupment fees. 36,830 short tons. Therefore, these amend- adopted by Clinton in February 1995. Na- My amendment does not go that far. ments are mutually inconsistent. We believe tional security interests should be the sole Perhaps we ought to eliminate the the FMS offset amendment should have pri- criteria for making such exports, and domes- ority. tic economic pressures should ‘‘not be al- recoupment fee altogether. But my lowed to subvert’’ decision-making, the amendment is not trying to establish Sincerely, JOHN B. GOODMAN, panel said. new policy. It merely finances the pol- Deputy Under Secretary ‘‘The world struggles today with the impli- icy decision that Congress made last (Industrial Affairs and Installations). cations of [exporting] advanced conventional year when we approved the DOD au- Enclosure. weapons,’’ including the promotion of re- gional arms races or political instabilities, thorization bill. EXCERPT FROM THE REPORT OF THE PRESI- and risks to U.S. soldiers overseas, the panel So, Mr. President, the President’s DENTIAL ADVISORY BOARD ON ARMS PRO- said. It warned of even greater problems in commission on preventing the pro- LIFERATION POLICY the future, as ‘‘yet another generation of liferation of conventional arms sales THE R&D RECOUPMENT CHARGE weapons’’ with greater destructive power is totally supports this particular ap- Current law provides that when certain exported. proach. They want to eliminate the weapons developed for U.S. use are sold As a result, the five-member, bipartisan recoupment fee entirely. This is a abroad by the U.S. Government, a charge is panel said it was ‘‘strongly convinced that much more modest step. It is some- to be added to the price and remitted to the control of conventional arms and technology thing that the administration has re- Department of Defense. This requirement, transfers must become a significantly more quested. I hope that my colleagues will intended to recover part of the U.S. govern- important and integral element of United ment’s original investment, is called an R&D States foreign and defense policy if the over- see fit to support it. recoupment charge. The case-by-case appli- all goals of nonproliferation are to succeed.’’ Also, Mr. President, I ask unanimous cation of this charge has historically been The report—the result of an 18-month study consent to have printed in the RECORD both uneven and controversial. Various ad- with assistance from the Rand Corp.—was a letter from the Department of De- ministrations have obtained numerous ex- presented to the White House on Friday, and fense supporting the amendment, an ceptions from Congress, allowing the charge is to be formally released this week. excerpt from the report of the Presi- to be reduced or waived for foreign policy The U.S. shares of the global arms market dent’s Advisory Board on Arms Pro- reasons. General exceptions currently exist is 52 percent, up from around 25 percent nine liferation Policy, an article from the in law for individual nations, including years ago, and will likely expand to about 60 NATO allies. percent by the end of the decade, according Washington Post describing the gen- Industry has argued that the charge dis- to the report. But the size of the market has eral findings of the commission calling criminates against defense contractors, since shrunk by more than half during the same for greater restraint in arms sales, and, such recoupment rules have no such parallel period, primarily at the expense of Russia, finally, a letter from the Aerospace In- in other areas where the U.S. government which no longer ships arms to client states dustries Association, which endorses has made major R&D investments in devel- such as Afghanistan, Cuba, Iraq, Syria and the amendment. oping and purchasing capital equipment—for Vietnam. U.S. domestic arms procurement There being no objection, the mate- example, power generation, telecommuni- also declined by $60 billion between 1985 and rial was ordered to be printed in the cations, computer systems, and nuclear reac- 1993. tor technology. Further, American firms cite The result is what the report describes as RECORD, as follows: the R&D recoupment charge as a clear and an ‘‘excess production capability’’ in weap- OFFICE OF THE sometimes significant price discriminator ons factories around the world that has cre- UNDER SECRETARY OF DEFENSE, against them as they compete for sales in ated enormous corporate pressures to sell Washington, DC. third countries against foreign producers. products abroad. The Clinton administration Senator STROM THURMOND, These foreign competitors have no equiva- paid heed to these pressures when it decided Chairman, Committee on Armed Services, U.S. lent added costs, and may even benefit from that safeguarding the U.S. ‘‘defense indus- Senate, Washington, DC. overt or covert subsidies from their respec- trial base’’ or certain key U.S. defense firms DEAR SENATOR THURMOND: Your staff has tive governments. Based upon its review of should be among the criteria used in arms asked for the Department of Defense views this issue, the Board supports the Adminis- export decisions. on two draft floor amendments to S. 1745, the tration’s stated intent to seek repeal of the The panel said, however, that the export DoD Authorization Act for Fiscal Year 1997. current R&D recoupment charge. market remains too small to compensate for The first amendment would reinsert into the domestic business losses, and that ‘‘means bill offsets valued at $440 million over nine [From the Washington Post, June 26, 1996] other than questionable arms sales’’ are years for funding Foreign Military Sales available to protect vital U.S. defense firms. ARMS TRADE MENACES U.S. SECURITY, PANEL (FMS) from sales of excess inventories of the It said that ‘‘the best solution to over capac- SAYS: CLINTON-APPOINTED GROUP URGES National Defense Stockpile (NDS). The ini- ity in defense industries is to reduce supply RESTRAINT IN SELLING CONVENTIONAL tial Department of Defense legislative pro- rather than increase demand.’’ WEAPONS TO OTHER COUNTRIES posals for FY97 also contained such an offset This conclusion was hailed by House Budg- provision. The draft floor amendment is (By R. Jeffrey Smith) et Committee Chairman John R. Kasich (R– worded somewhat differently from DoD’s An advisory panel appointed by President Ohio), who sponsored legislation creating the original offset proposal for FMS sales. How- Clinton has warned that the $22 billion glob- panel. ‘‘‘It’s the economy, stupid,’ is a cute ever, we support the amendment as long as it al trade in increasingly sophisticated con- slogan, but must never be the justification contains language in subsection (c) sub- ventional arms threatens to undermine the for arms sales abroad. I am glad the commis- jecting the stockpile sales to a provision security of the United States and its friends sion rejected the industrial base argument that would prohibit disposals to the extent and has called on Washington and its allies and hope the administration will implement that they would result in ‘‘undue disruption to exercise more restraint in selling such the recommendation.’’ of the usual markets of producers, proc- weaponry to other countries. The panel was also sharply critical of the essors, and consumers of the materials pro- Noting that the end of the Cold War has re- way the administration reviews arms ex- posed for disposal.’’ shaped the world market for armaments and ports, accusing the National Security Coun- Without the market impact provision, the given the United States the predominant cil of paying insufficient attention to the Department could be in a position where we share of all such exports, the panel said that issue and urging it to exercise more power to

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7146 CONGRESSIONAL RECORD — SENATE June 27, 1996 restructure interagency mechanisms for thority to waive these surcharges are border disputes that are not so greater efficiency, including improved intel- when, and only when doing so would friendly. We must know exactly what ligence-gathering. It also said regulations improve the prospects of winning con- the resolution of border disputes will created by a half-dozen or more laws that tracts from foreign countries or low- be, how will it be handled, what are the govern exports should be formed into a ‘‘sin- gle, coherent framework.’’ ering the cost of acquiring similar mechanisms that will be set forth for ‘‘It looks like a very thorough, thoughtful, equipment by the Department of De- the resolution of border disputes. comprehensive report and we look forward to fense. With the downsizing of our mili- Most certainly, had Yugoslavia been studying its recommendations closely,’’ a tary force structure and the concomi- a member of NATO, it would have put senior administration official said. tant reduction in demand for equip- us in a very difficult situation. Yugo- The panel chairman was Janne E. Nolan, a ment, it has become increasingly im- slavia was not a member of NATO, so it senior fellow at the Brookings Institution portant for us to ensure that we can was not in the perimeter of the actual who was a delegate to international arms maintain a minimum industrial base transfer negotiations during the Carter ad- NATO alliance. I think these are very ministration. Its other members were Ed- and the skilled workforce necessary to valid questions. I am certainly going to ward R. Jayne II, a business executive; Ron- preserve our production capabilities so support the informed expansion of ald F. Lehman, a former director of the as to provide for an adequate defense of NATO. I want to be there for especially Arms Control and Disarmament Agency in our Nation. These sales will help us the countries that are trying so hard the Bush administration; David E. McGiffert, maintain these manufacturing and and are succeeding at having strong a former assistant secretary of defense; and manpower capabilities. economies and are putting democracies Paul C. Warnke, a former U.S. arms nego- In addition, the requirement for the in place that are beginning to work. I tiator and assistant secretary of defense. stockpiles that would be reduced by think we are looking at the time ele- this amendment was established in AEROSPACE INDUSTRIES ASSOCIATION, ment here. We need to have a test of Washington, DC, June 27, 1996. case they would be needed in a pro- time before we go into the mutual de- Senator SAM NUNN, tracted war with the Soviet Union. fense pact. That is what we are saying Ranking Member, Senate Armed Services Com- Clearly, this threat has significantly here. mittee, Russell Senate Office Building, abated, and the stockpiles in question I think it is a very positive thing for Washington, DC. are in excess of any near term require- all of us to ask these questions and to DEAR SAM: The Arms Export Control Act ment. currently requires the government to add a make sure that if we are going to have Mr. President, for these reasons it is before us the ratification of the expan- charge on all Foreign Military Sales (FMS) important that these stockpile sales be of major defense equipment to recoup costs sion of the NATO treaty, that we have incurred by the government for the research authorized. I urge my colleagues to all of the answers to these questions, and development, and non-recurring costs for vote for this amendment. because a two-thirds vote will be re- production of the products being sold. The Mr. COHEN. I yield the floor. quired in the Senate. We want to make Bush and Clinton Administrations, recog- Mrs. HUTCHISON addressed the sure there is overwhelming support. Chair. nizing that this fee is essentially a tax on ex- Last but not least, Mr. President, I ports, asked Congress to rescind this require- The PRESIDING OFFICER. The Sen- ment. Furthermore, the recently published ator from Texas. want to make sure that we protect the Report of the Presidential Advisory Board on Mrs. HUTCHISON. Thank you, Mr. underlying NATO alliance. I think it is Arms Proliferation Policy, also recommends President. very important we keep the commit- that this charge be eliminated. ment that we have in this country to AMENDMENT NO. 4367 Congress ultimately included an authority our transatlantic friendships and our Mrs. HUTCHISON. Mr. President, I in the FY 96 DoD Authorization bill to waive transatlantic allies and alliances. To rise to speak on behalf of the Nunn- FMS recoupment requirement should failure do this, we must make sure if we ex- Hutchison amendment. Let me just say to do so likely result in the loss of a sale or pand this very important alliance, should U.S. Government procurement cost that I appreciate what has been said on which I think probably has been the savings associated with a sale substantially the floor, and I think that all of us are most successful alliance perhaps in the offset the foregone recoupment revenue. moving in the same direction. I think history of the world, that we need to do However, this waiver authority is not effec- that we are moving in a very positive tive until qualifying budget offset legislation it judiciously and carefully and in a and responsible way. This is not an is enacted. Recently, DoD has identified such very informed way. a budget offset. issue of, are you for NATO expansion or not? This is an issue of a responsible I think we have seen great disagree- It is my understanding that Senator Cohen ment on American troops in Bosnia. (R ME) will offer an amendment to the FY97 approach to the expansion of NATO. DoD Authorization bill that will enact the What we are asking for is a report We did this in a NATO mission. I do budget offset legislation. As I mentioned that would ask and answer the ques- not want there to be a question in the above, the recently published Presidential tions that anyone coming into a mu- future about the strength of NATO or Advisory Board report states that tual defense pact would want to be an- our commitment to NATO. This is our recoupment charges should be completely swered. Very clearly, if we are going to important alliance. I want to keep it eliminated. Senator Cohen’s amendment strong. I think the way to do that is to would provide only partial repeal, and we put up the resources of the United States and the lives of our young men make sure when we expand, we do it in feel that this is a fair compromise position. an informed way. We believe that the time has come to and women who are in our armed serv- eliminate this tax on exports, and we urge ices, we want to do it in a very respon- It is not a question if you are for or you to support the Cohen Amendment. sible and studied way. against the expansion of NATO, but Sincerely, We have simply said we want this de- whether you are for a deliberate and DON FUQUA. cision to be a fully informed decision. informed expansion of NATO. I think Mr. LIEBERMAN. Mr. President, I We want to know the extent to which there can be no question that when the am offering my support to and cospon- any prospective new NATO members lives of our citizens are at stake and sorship of Senator COHEN’s amendment have established democratic institu- when the money of our hard-earned to the fiscal year 1997 defense author- tions, free market economies, civilian taxpaying citizens is at stake, we ization bill which authorizes additional control of their armed forces, the rule should know exactly what we are get- disposals of material from the national of law, parliamentary oversight of ting into, as should every member na- defense stockpile. The revenues gen- military affairs. I think these are very tion of this alliance and every prospec- erated by these sales are needed to off- important questions to ask because tive member nation of this alliance. set the revenues lost as a result of they determine how strong a democ- I speak in favor of the amendment. I waiving certain surcharges on sales of racy will be in any country that would hope we can work out the language so U.S. defense equipment to foreign be part of this very important alliance. that every single Member of the Senate countries aimed at recouping some of I think it is important that we know will be comfortable that this is the the original costs of developing those what are the mechanisms for border right thing to do. I yield the floor, and products. dispute resolutions. Certainly, we I suggest the absence of a quorum. Last year, this Congress correctly know there are going to be border dis- The PRESIDING OFFICER. The saw fit to expand the President’s au- putes among friendly nations. There clerk will call the roll.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7147 The bill clerk proceeded to call the trade abroad is critical to America’s Mr. GRASSLEY. Madam President, roll. long term well-being and international the amendment that I am offering does Mr. THURMOND. Mr. President, I competitiveness. not need a great deal of discussion. The ask unanimous consent that the order If we encourage appropriate and re- reason it does not need a great deal of for the quorum call be rescinded. sponsible commercial foreign military discussion at this point is because it The PRESIDING OFFICER. Without sales, we do three things. Jobs is one. has been considered on the floor of the objection, it is so ordered. Second, we save the industrial base. Senate and has been the subject of Mr. THURMOND. Mr. President, I The United States can use the advan- hearings before the Senate Finance support the adoption of the amendment tage of a strong industrial base later as Committee. offered by the able Senator from our own national security problems This amendment incorporates the Maine. arise. Third, and this is very important language contained in S. 1438, the bill The Department of Defense proposed in terms of saving money for the Gov- introduced by our former colleague, this amendment allowing the President ernment, we are able to manufacture Senator Dole. It would create a review to waive recoupment charges on for- more units of whatever is exported. Be- commission, consisting of Federal ap- eign military sales. This measure to re- cause of these exports, we lower the pellate judges, who would review the peal the recoupment provision is per-unit cost of whatever the item decisions of the World Trade Organiza- strongly supported by this administra- might be. This means that when the tion. It would review those decisions tion, which feels that recoupment is an U.S. Government purchases that item made against the United States. The impediment to foreign military sales. in the future, it will cost the United judges would determine whether any Eliminating recoupment was also sup- States less. If, for instance, C–17’s are decision was arbitrary or capricious, or ported by President Bush’s administra- sold abroad, the per-unit cost of is otherwise constituted an abuse of the tion. So this is not a partisan issue. Be- lower to the U.S. Government. We save World Trade Organization’s authority. cause of its support by the executive the industrial base; we lower the cost If such an abuse were found by our branches under both Republicans and of defense purchases for the U.S. Gov- appellate judges, that determination Democrats and because of the support ernment. For all these reasons I think would be transmitted to the Congress. on both sides of the aisle in Congress, this proposed change in the law is a At that time, any Member of Congress this matter needs to be addressed. worthy idea. would be authorized to introduce a Some will no doubt contend that Mr. President, the question of joint resolution calling for the renego- eliminating recoupment charges will recoupment is also a question of na- tiation of the World Trade Organiza- encourage an arms race. Those against tional security. If we can keep defense tion dispute settlement rules. repealing recoupment argue that we industry healthy doing business that is Upon the third such determination are going to become an arms merchant, fully supported by our laws and U.S. within a 5-year period, a joint resolu- and that we are going to contribute to foreign policy, then this same industry tion could be introduced withdrawing the escalation of arms sales all over will be alive and healthy to produce congressional approval of U.S. mem- the world if this recoupment provision weapons and defense assets for the fu- bership in the World Trade Organiza- is repealed. There is no basis for such ture in the event the need arises in this tion. claims. In fact, the decision as to increasingly unstable world. This is It should be remembered that this whether or not to buy a particular one strong measure in which we can language was approved by the White weapons system is made primarily by help preserve our industrial base. If our House as part of the compromise need- countries and their particular defense industrial base shrinks, it would jeop- ed to assure passage of the Uruguay needs. Elimination of recoupment is ardize us in the event we have hos- Round and, as more and more cases not an incentive to additional arms tilities elsewhere in the world. We will be going to the WTO in the future, sales. However, its elimination will must respect these long-range national this amendment will provide a crucial have the result of making the United security implications. The issue has safety valve to assure that our inter- States much more competitive in jobs, economic, and security implica- ests in free and fair trade will be given terms of being able to compete with tions for our country. For these rea- a proper hearing. those nations which are now both our sons, I support adoption of this amend- It should also ease the fears of any of allies in the world and also now our in- ment. our constituents that the United dustrial competitors. The United (Mrs. HUTCHISON assumed the States has somehow surrendered its States initially enacted laws requiring chair.) sovereignty by joining the World Trade recoupment payments primarily for Mr. GRASSLEY. Madam President, I Organization. I think such an argu- the benefit of our allies, especially to ask unanimous consent that the Cohen ment is not very factual, does not have enable our NATO allies to have these amendment be set aside for the purpose any basis whatsoever; but those argu- weapons. Now that is no longer solely of my offering an amendment. ments are made. And it was a major the case. Our friends are also com- The PRESIDING OFFICER. Is there issue of concern during the debate on peting internationally with U.S. busi- objection? the approval of the World Trade Orga- nesses, and in many cases they are Without objection, it is so ordered. nization 2 years ago. So we now know overtaking us on some of these arms AMENDMENT NO. 4370 that not to be true. sales. This ultimately affects U.S. jobs. (Purpose: To establish a commission to re- But Senator Dole, because of that Mr. President, recoupment payments view the dispute settlement reports of the concern at the time of the approval, were initially instituted in the early World Trade Organization, and for other worked out this agreement with the 1960’s. The intent of recoupment was to purposes) administration, in order to assure pas- enable our Government to recover part Mr. GRASSLEY. Madam President, I sage of the Uruguay Round. President of the cost of developing the tech- send an amendment to the desk and Clinton strongly supports this bill, and nology needed to fight at the side of ask for its immediate consideration. it is supported by the special trade rep- our NATO allies and win the cold war. The PRESIDING OFFICER. The resentative office. I believe that now is However, our allies—especially in Eu- clerk will report. a good time to put this commission rope—have now also become our eco- The bill clerk read as follows: into place. So I ask my colleagues to nomic competitors. Now, when Amer- The Senator from Iowa [Mr. GRASSLEY] vote for this amendment. ican corporations attempt to sell mili- proposes an amendment numbered 4370. I yield the floor. tary goods, their products are burdened Mr. GRASSLEY. Madam President, I Mr. HOLLINGS addressed the Chair. with a surcharge that makes American ask unanimous consent that reading of The PRESIDING OFFICER. The Sen- products less competitive. These ex- the amendment be dispensed with. ator from South Carolina, Mr. HOL- ports create and protect thousands of The PRESIDING OFFICER. Without LINGS, is recognized. American jobs and contribute billions objection, it is so ordered. Mr. HOLLINGS. Madam President, I of dollars to our national economy. (The text of the amendment is print- was just notified that the amendment Lowering barriers and expanding op- ed in today’s RECORD under ‘‘Amend- was called up, and I do not have my en- portunities for American companies to ments Submitted.’’) tire file on this subject here. But I have

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7148 CONGRESSIONAL RECORD — SENATE June 27, 1996 a mental file because this has been dis- pute. If the WTO found against Japan United States, and he will tell you cussed back and forth over the past and for the United States in that par- these Federal district judges have no several months. ticular case, I can tell you right now authority to serve on such a commis- What really occurred, Madam Presi- that would be the end of the WTO. If sion. In fact, they will be forbidden to dent, is that we made a disastrous mis- the WTO rules in favor of the Japanese serve on it. take in joining in the World Trade Or- in the Kodak case I can tell you right This is hogwash, a cover-your-back- ganization. We joined the WTO without now, we won’t need a review commis- side kind of resolution to show that the caution exercised in joining the sion, the pressure to withdraw from the they are concerned and they are dis- United Nations. We would never have WTO will be overwhelming. This case turbed and they are watching it care- really joined the United Nations and amply displayed that we have lost our fully, as they berate, ‘‘I am for jobs, I maintained our support for its oper- independence in trade policy, the WTO am for jobs, I am for jobs.’’ They are ations had we not had our veto power has achieved its principal objective, nothing but pollster politicians run- in the U.N. Security Council. the elimination of U.S. unilateralism ning around—‘‘I am for the family and The creation of a security council in trade policy. against crime. I am for jobs and with an absolute veto by any one mem- There are two very important indi- against taxes.’’ And all they do is they ber was debated at length at the time viduals that are worried about these take these seven or eight hot buttons, of the adoption of the United Nations. strains. One is the President of the and they make their little TV squibs, Here we were, in the family of some 117 United States, and the other is the 20-second bites. As long as they can ar- countries at the time—and I think likely Republican nominee for the ticulate a lot of them with a lot of maybe 137 have joined since—and in Presidency here come November. These money, a lot of TV shots and every- this family of nations, we were looked two folks are unindicted coconspirators thing, come to public service, and they upon as the rich nation that could af- if you will conspiring to pass the do not know anything else to do. ford any and every kind of contribution GATT. The Senator from South Caro- They get in this sort of game here to- for the freedom of man the world lina would then charge them—that is night where we have the armed serv- around. This was particularly true the President and the Republican ices bill, a very important measure. I when it came to economic affairs. We nominee—as conspirators unindicted to serve on the Defense Appropriations agreed to act as the market of first re- cover their backsides. Subcommittee, so I am familiar with sort in order to rebuild the shattered The Senator from Iowa has put in S. many of the particular issues that need economies and in order to develop the 1437, the Dole bill, Calendar No. 253, to be decided here by the U.S. Senate on third world. If we had any illusions establish a commission to review the the armed services authorization. But, about how we are perceived in most dispute settlement reports of the World instead of that, we got any and every- international organizations we need Trade Organization. thing—cattle, dog—bring it up with re- Madam President, this is not a well- only to look back to 3 weeks ago when spect to this. This is a grab bag for the conceived thing. It need not be well the—the People’s Republic of China— Presidential race, and we do it, so- conceived because it really is to get faced condemnation by a U.N. resolu- called, with dignity and in seriousness the people past the Presidential elec- tion criticizing the People’s Republic of purpose, and treat it seriously by tion. But the commission shall be com- for human rights abuses. In the United this news crowd that my friend James posed of five members, all of whom Nations they passed a resolution, Fallows has written an entire book shall be judges of the Federal judicial joined in the Assembly with the Euro- about, now, about breaking the news, circuits and shall be appointed by the pean Community and the United how the media undermine American President, after consultation with the States, to get a hearing before the democracy. majority leader and minority leader of So it will be my purpose this Human Rights Commission. Our the House of Representatives, the ma- evening—and I will be taking up a good friends, the People’s Republic of China, jority leader and the minority leader of part of the evening, I would think, be- immediately went down to Africa and the Senate, the chairman and the rank- cause I do not have some of the col- corralled the votes, and when the issue ing member of the Committee on Ways leagues alerted, but I will be taking up came up 3 weeks ago, the People’s Re- and Means of the House of Representa- a good part of the evening reading this public of China had the votes within tives, and the chairman and ranking bill and the Fallows book about how the U.N. Human Rights Commission member of the Committee on Finance the media has undermined American that it was what they called a of the Senate. nonissue, and not to be discussed. Here is a high-level commission of democracy by refusing to engage in the So here is an example of the prob- Federal district judges from the Fed- real issues the American people should lems we face in the international orga- eral judicial circuit, plus these leaders be engaged in. nizations, rather than the United in both Houses, and everything else, to Fallows really has a very interesting States being the leader we were imme- get together to do what? To determine approach, Madam President. He de- diately put on the defensive and round- if three adverse rulings by the World scribes the dichotomy between Walter ly condemned in the developing world. Trade Organization are, of course, ad- Lippmann, on the one hand, and John We may think of ourselves as the light verse, being against us, and, if so, then Dewey on the other. Lippmann con- upon nations leading the way to de- they can memorialize Congress to pass tended that the press should be an eru- mocracy but in international organiza- a resolution to withdraw from the dite, an unusually trained and skilled tions we are viewed as the hypocritical World Trade Organization. group on all the complicated subjects, rich uncle constantly lecturing others We can do that now. We do not need and together they should decide the on how they should behave. a commission. more or less bill of particulars for the With respect to the World Trade Or- This crowd has certainly got political American public and the programs and ganization itself, we argued at the gall to buck the responsibilities of the way they emitted the news. time—and I will argue at length here being Senators and Congressmen to In contrast, John Dewey said, yes, this evening—how we lost our rights any and everybody else. It is sort of they should be well trained and skilled, under section 301. So we have lost hit-and-run driving in politics in this fully informed of this particular sub- those rights under 301. day—‘‘I am concerned. I am concerned. ject matter, but, more particularly, Again, not just 3 weeks ago but this I am disturbed.’’ This crowd should they should engage the American pub- past week, you see where the United quit getting concerned and disturbed, lic in subject matters that need to be States of America has abandoned the and let us start to do some things. engaged in—and that, they have not. Eastman Kodak case, instead of using This does nothing. It can be used on And to tell the American people the sanctions for unfair practices not cov- the political stump in the Presidential truth even at times they do not want ered under the WTO the Japanese have debates later on. ‘‘Oh, yes, don’t worry to hear the truth. The truth is the called our bluff and said in the new it. We got a high-level commission that most important subject totally ne- WTO era all disputes must be taken to we passed this year to review it.’’ glected in this particular session of the the WTO. We had no choice but to com- Well, go over there and ask the Chief 104th Congress is the subject matter of ply with their desire to settle this dis- Justice of the Supreme Court of the trade. The helter-skelter treatment

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7149 given trade in November year before very much opposed to it. I did not The Finance Committee held a hearing on last was just that. We were force fed think too much of the legislation that S. 16 on May 10, 1995. Judge Stanley S. Harris without the proper leadership, without was being drawn up by Mr. Dole be- testified in opposition to the bill on behalf of the Judicial Conference. A copy of the the proper hearings. We tried our best cause it included a number of judges, Judge’s statement is enclosed. Judge Harris at the level of the Commerce, Science five I believe. They do not have time to explained that of the 179 authorized circuit and Transportation Committee that I engage in matters of this kind. As a court judgeships, 16 positions are vacant; chaired at that particular time to matter of fact, I received a letter dated that circuit court judges have, on average, bring the witnesses from all the dif- August 31, 1995, from the Administra- dockets of nearly 300 pending cases, up from ferent trade organizations. tive Office of the United States Courts 120 cases in 1970; and that the forecast is that Madam President, I am getting good in which they objected to this legisla- the caseload will continue to increase. In sum, forcing five judges off the bench, for at news. I feel that my good friend from tion. least six months each year, will have a nega- Iowa realizes how serious we are. I do So I thought, well, I would like to get tive effect on judicial resources. not want to just act like we do not that judgeship panel out of there, but I During the Finance Committee hearing, have a point here and we are just po- was unable to get it out, and so I de- the issue of the constitutionality of this bill litically rejoining. cided I would try for an amendment was raised by Senator Grassley. Judge Harris I happen to be a friend of the distin- that would create some other entities, pointed out in his prepared statement that guished former majority leader, the one of which would be made up of busi- the Judicial Conference does not offer advi- ness men and women and labor rep- sory opinions on such an issue, although he Republican nominee for the Presi- urged the committee to study the constitu- dency. I will never forget the early resentatives, so that they would have tionality of this bill for itself. A witness at days when I had suggested the appoint- some idea of what is happening, what the hearing, Alan M. Wolff, testified that the ment of Clement Furman Haynesworth the impact of WTO decisions was going use of federal judges on the commission to the U.S. Supreme Court, a distin- to be on our own economy, jobs, and so ‘‘does not present constitutional problems’’. forth. Given that, Senator Grassley asked Judge guished South Carolinian, and I turned Harris his personal opinion of whether Con- to then freshman Senator Robert Dole, So that was the amendment I was going to offer if this thing was going to gress has the authority to assign non-judi- of Kansas, who stayed in the Chamber cial duties to Article III judges in light of intermittent hours on end to help me move, and I am sure the distinguished Mistretta v. United States, 488 U.S. 361 (1989). with that particular appointment. We Senator, while he opposed the then In that case, the Supreme Court held that have been close friends ever since. But Dole proposal and now the proposal by sitting Article III judges could serve on the I had explained to the distinguished the Senator from Iowa, would not op- U.S. Sentencing Commission. Judge Harris pose my amendment if it had to go said that the ‘‘linchpin’’ of the Mistretta de- former majority leader that this was a cision was that the Court recognized that the subject matter not to be glossed over along with this thing. If the Senate is going to act on it and take it, I would U.S. Sentencing Commission operated ‘‘with- with one of these cover-your-backside in the essential framework of the Judicial kind of amendments to get a judicial like to have my amendment on it. But Branch of Government’’, that the duties to council like they are studying it and I am personally happy just to rest and be performed by judges on this commission they are watching it closely—all, of let matters take their course, and if on were clearly not judicial functions but rath- course, apple sauce to get us past the another day this comes up, I will have er functions ‘‘sort of in between the Execu- my amendment ready if need be. tive Branch and the Legislative Branch’’, November election and then once again I thank the Senator. I think he has Judge Harris then summarized as follows: the total drain of America’s industrial done yeoman’s work here, and he has ‘‘I commend the purposes of S. 16. I think backbone. been successful. I will sit down. I will it would be extremely unfortunate to have it I would be delighted to continue. I begin to be implemented, get down the take my seat along with him. track, and then get thrown off the track by know my distinguished former major- Mr. HOLLINGS. I thank the distin- ity leader, the former President pro a conclusion that it involves an unconstitu- guished Senator. tional use of Article III judges.’’ tempore of the Senate, the Senator Mr. BYRD. Madam President, I ask In conclusion, I commend you for your ac- from West Virginia, had a studied unanimous consent to insert in the tion on August 11. Hopefully, if and when the amendment here. I wanted to be able to RECORD the letter to which I referred Finance Committee considers S. 16, it will discuss that. But I have just been noti- from the Administrative Office of the decide that all federal judges should con- fied that the distinguished Senator United States Courts. tinue to judge as the Constitution com- from Iowa has a different idea perhaps There being no objection, the letter mands, and that others can decide whether at the moment for this particular the United States has been treated fairly by was ordered to be printed in the the World Trade Organization. If I can pro- evening about his amendment. And I RECORD, as follows: vide anything further to convince you to per- learned in the courtroom long ago, ADMINISTRATIVE OFFICE OF THE sist in opposing this bill, please advise. when the judge is ruling with you, to UNITED STATES COURTS, Sincerely, hush, so I yield the floor. Washington, DC, August 31, 1995. L. RALPH MECHAM, Mr. BYRD. Madam President, will Hon. ROBERT C. BYRD, Secretary. the Senator yield before he does? United States Senate, Mr. THURMOND. Madam President, Mr. HOLLINGS. Yes. Washington, DC. there is no question that the new rules DEAR SENATOR BYRD: The Judicial Con- Mr. BYRD. Madam President, I con- of the World Trade Organization, espe- gratulate the distinguished Senator. ference of the United States opposes the en- actment of S. 16, the WTO Dispute Settle- cially the new dispute settlement re- He will perhaps remember that one ment Review Commission Act, so long as five gime, can create a situation of unprec- Friday afternoon, I believe it was, most sitting federal judges are required to become edented opportunity. It also creates a everyone had gone home and the dis- members of this commission. Accordingly, situation of potential harm to Amer- tinguished former majority leader, Mr. we applaud your action of August 11, 1995, ican interests if we do not enact re- Dole, wanted to call up this bill and get when you declined to give consent to Sen- sponsibilities by Congress on this mat- it passed by unanimous consent, and ator Dole’s request to allow the Senate to ter. we contacted, I believe, Senator HOL- pass this bill. Americans have been generally sus- While you said on the floor that you do not LINGS’ office and Senator DORGAN’s of- have a full understanding of the merits and picious of the GATT Agreement and fice because I knew how they felt about demerits of S. 16, your instincts were en- the corresponding powers given to the it. I think everybody was gone. I said, tirely correct. There is no compelling reason World Trade Organization. Many Amer- well, who am I to object to this, but I why sitting federal judges have to comprise icans feel our country might be giving just do not feel right in letting this bill the membership of this commission. As you up far more than we are getting under pass with nobody here, so I objected to say, the judiciary has a very heavy work- this agreement. Most importantly, passing the bill by unanimous consent load, and also the responsibility to the pub- what we appear to be giving up is some on that afternoon, which irritated the lic and to litigants to promptly deal with the of our sovereignty, some of our ability cases assigned to them. In response to your then-majority leader, but I was sure I second point, federal judges have no special to decide for ourselves, and control did the right thing in objecting to competence or experience to decide whether over the laws and practices which gov- unanimous consent. a WTO dispute resolution panel complied or ern us. The biggest potential threat to I voted against the GATT, as did the failed to comply with GATT-related rules in our sovereignty is the new dispute set- Senator from South Carolina; I was reaching a decision. tlement process.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7150 CONGRESSIONAL RECORD — SENATE June 27, 1996 If we are to be comfortable with the long time ago. This amendment has the gain than any other country has to international dispute settlement proc- support of the President of the United gain by the freeing of trade because we ess, above all else, it must be com- States. This amendment has the sup- already have lower barriers than any pletely impartial. If the United States port of the person who will be the Re- other country has. If other countries does not perceive impartiality and if publican nominee for President of the under those agreements bring their the WTO oversteps its authority, then United States, a former Member of this barriers down, we are the winners, not our country must be prepared to re- body, Bob Dole. I would imagine, if we the losers. And $1 billion more in trade spond. That is what this amendment could get this amendment to a vote, it is 20,000 more jobs. That is not bad for calls for. The Dispute Settlement Re- would carry overwhelmingly. America. view Commission will help us respond. If anybody wonders why sometimes So I hope sometime we will be able to The Commission will review every ad- the political process does not work, the get this legislation passed. Again, the verse decision issued by the WTO. Fed- decisionmaking process does not work, President of the United States, Presi- eral appellate court judges, which this this is a perfect example. How much dent Clinton, agrees it should be done, amendment proposes as Commission better of a position should the Senate and Bob Dole agrees that it should be members, are especially qualified to re- be in to get work done, passing very done. We should do it. view these decisions, because the ques- good legislation, when the President of Mr. HOLLINGS addressed the Chair. tions will be complex international the United States, who is a Democrat, The PRESIDING OFFICER. The Sen- legal issues of whether the WTO as an thinks it ought to be done and the Re- ator from South Carolina. international tribunal acted within its publican nominee to be thinks it ought Mr. HOLLINGS. Madam President, authority, abused that authority or to be. If they agree on it, it seems to right to the point, that is exactly what acted arbitrarily or capriciously. me it ought to have a pretty good is the trouble right this minute. The I believe establishing this review chance of passing the Senate but not Finance Committee approved GATT commission will enhance the credi- so. and the WTO. The President of the bility of the WTO. It will be a powerful Just remember, that is the situation. United States approved GATT and the signal to WTO panelists that their Also remember the situation is this in WTO. Senator Bob Dole approved and work must be absolutely impartial. regard to the World Trade Organiza- led the fight for the approval of GATT And, a reminder of their obligation to tion, the WTO. It builds on 50 years of and the WTO. observe the bounds in negotiated trade dispute settlement within the GATT Now, why is the President this very agreements. And perhaps, most impor- process. There has been a dispute set- minute in France beating up on the tantly, it will demonstrate that the tlement process to have trade disputes council of the seven economic min- U.S. Congress takes a strong and long- between two countries settled for al- isters? Why is he beating up on the term interest in the dispute settlement most a half a century. The United Japanese, trying to get their atten- process and its proper functioning. States had a lot of trade disputes with tion? Because the World Trade Organi- Confidence in the WTO process was not other countries before GATT over the zation and the GATT agreement has created merely by signing a trade last half century. We would win a fair chilled progress in trade disputes. agreement. Confidence must be built majority, a good number of those dis- Specifically, the Japanese will not up over a long time. putes. even talk to us. They have WTO. They I believe the President has already But under the old process, the United know they have the vote. So, under 301, expressed support for this legislation in States could win and not win. We could we found out we could not use the its earlier form as a bill. This is not a win because we had the facts on our sanctions, and if we tried to, they partisan measure. It gives Congress side, the decisions were made in our would retaliate against us. Not retali- some authority and some responsi- favor, but if the country we defeated ate as the distinguished Senator just bility required in international trade. wanted to ignore the decision, they referred—that is exactly our dilemma. We know the American people are con- could thumb their noses at the process, So they say, point 1, it probably is a cerned about job loss, about exporting thumb their noses at the United matter of terrorism. Because publicly jobs, and about international organiza- States. If we were to take action, we the public can understand that, and we tions making decisions that might af- could be guilty of violating the GATT all really regret the loss. I have had 10 fect their jobs. In this light, the Con- agreement, just because we were will- of those airmen—we did not lose gress should have some comment on ing to take action to do what was said them—we had 10 hurt in Charleston, the WTO’s activities, and if necessary, to be right for ourselves in the first and we had from the 9th Air Force, I authority to initiate withdrawal from place. would say, 30 or 40 at least flying those participation if U.S. interests are So the World Trade Organization has F–16’s out of Shaw Air Base. So I do abused. a process that will allow disputes be- not talk casually about that. It would also send a strong enough tween countries to be settled, but it But the real No. 1 trade issue is this signal that some of our unfair competi- also allows retaliation by a country if dilemma we have gotten into with the tors in foreign countries understand the country that is the loser in the World Trade Organization. We are not that we are serious about this. We are process is not going to honor and re- making any progress at all. We had a concerned about American jobs, fair- spect the decision. semiconductor agreement. Instead of ness in international trade, and the ac- It seems to me that anybody who adhering to the agreement, they ignore countability of Congress in these mat- wants the United States to advance as it now. They said, go to the WTO, go to ters. a result of the freeing up of trade, and the WTO. We know that is a loser now. AMENDMENT NO. 4370, WITHDRAWN to have disputes settled, ought to wel- So, politically, before the American Mr. GRASSLEY. Madam President, I come the opportunity when there is a people can appreciate —and my distin- will withdraw my amendment and do dispute settlement process in which guished colleague from Iowa can appre- withdraw it, but I want to make some not only will the United States have as ciate—the fact that the WTO is a loser, points. much of a chance of winning as ever, before we can learn that, let us get in The PRESIDING OFFICER. The Sen- which seems to always be in our favor, ahead of the curve here, of public de- ator from Iowa is recognized. and be able to enforce that, because if spondency over the trend of trade in Mr. GRASSLEY. My amendment is the other country will not respect it, this so-called globalization, withdrawn. unlike in the past, if we were to take globalization, globalization. The PRESIDING OFFICER. The action, it would be GATT illegal. If we Specifically, I want to make one amendment is withdrawn. are to take retaliatory action at this good reference that is categorically Mr. GRASSLEY. I want to make a time, it will be GATT legal. And every- uncontested. In 1981, we had before couple of points, some of them on the body understands that the world is bet- then-President Reagan a textile bill. issue and some of them the situation ter off with the freeing up of trade. The deficit and the balance of trade in we are in with this amendment. Any of the speakers on free trade, textiles in the United States was $4 bil- This amendment has been approved any of the speakers on GATT, have to lion. The deficit in the European Com- by the Senate Finance Committee a realize that our country has more to munity in textile trade was $4 billion.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7151 I noted just recently, of course, that pert computer operators. Are you going culture and jobs and wheat. We want to the Europeans enforce their trade to hire the expert computer operator, sell it, too, but we have to have a bal- agreements. We do not. We act like we 47 years of age, or the 21-year-old com- anced approach to try to maintain have these rights, and we are in there puter operator? The answer is obvious. America’s industrial backbone. moving and we are watching and every- You are not going to take on the re- So I appreciate the position of the thing else of that kind. We just never tirement costs. You are not going to distinguished Senator from Iowa to- have been astute to really go against take on these medical costs. But that night, and I hope he will give me a lit- these dumping cases. We have asked for is what they continue to tell you up tle bit more notice next time, because more customs agents and everything here. The American people are losing I thought once the distinguished Sen- else. The authorities, customs, tell us these jobs, losing this industry, losing, ator from Kansas, the former majority there are as much as $5 billion in trans- as a Nation, our economic strength. leader, had left us, that that was one shipments violations coming in here Superpower—they are ashes in my problem solved and we could go on and with this cheap clothing, way less than mouth. You cannot use the nuclear get some other things done. any kind of minimum wage, child labor bomb, we all know that. We cannot But I can tell you now why that and slave labor, you might call it, in meet them man for man on manpower. passed before with all of those. We had the People’s Republic, all being manu- We try to develop our technology, but fast track, no amendments, limited factured. the truth of the matter is, by the year time. When your amendment comes, we The deficit and the balance of trade 2000—Fingleton, read his book ‘‘Blind will not have fast track, we will have in Europe in textiles is less than $1 bil- Side’’—they will have a larger economy amendments, and we will have unlim- lion. The deficit in the balance of tex- with 120 million and less than the size ited time, and my distinguished senior tile trade is $35.8 billion. So, the Euro- of California, compared with our 260 Senator has set the pace for unlimited peans know how to deal and enforce, million. time and debate. I yield the floor. and categorically have. We have taken They are already our manufacturing Mr. THURMOND addressed the Chair. the position of Uncle Sucker. We have superior. Give them 4 more years, and The PRESIDING OFFICER. The Sen- done it in defense, and we know it. We they will have a larger economy than ator from South Carolina is recognized. have done it in all these other inter- we will have. In 15 years, the People’s f national organizations, and we know Republic of China will be ahead of us. it. It is time we start protecting our in- We are going the way of England, I can PROVIDING FOR AN ADJOURN- dustrial backbone. tell you that right now: a second-rate MENT OF THE TWO HOUSES America’s strength and security rests nation with a lot of parliamentary pa- Mr. THURMOND. Madam President, I like on a three-legged stool. We have pers and scandalous newspapers, par- ask unanimous consent that the Sen- the one leg of defense. That is unques- liamentary maneuvers around here and ate now turn to the consideration of tioned. That is what they mean by su- debate, debate, debate: ‘‘I am con- House Concurrent Resolution 192, the perpower. We have the leg of the values cerned,’’ ‘‘I am worried,’’ ‘‘I am dis- adjournment resolution, which was as a Nation, and that is strong. Yes, we turbed,’’ ‘‘I am concerned,’’ ‘‘I am wor- just received from the House; further, feed the hungry in Somalia. We sac- ried,’’ and nothing happens. It is all that the resolution be agreed to and rifice for democracy, to build it in procedural. the motion to reconsider be laid upon Haiti. We commit troops to try to That sorry contract over there on the the table. bring peace in Bosnia. So our values, House side was all procedural bunk. Mr. FORD. Madam President, reserv- we all know, of the American good will, Term limits, product liability—I can ing the right to object, I understand stand for freedom and democracy the just go down the list of all of those that this is the adjournment resolu- world around. things they had in there. Constitu- tion; that the House is anxious to get But the third leg of economic tional amendments—it is like running out, and that is fine. But this resolu- strength, that leg was fractured over up in the grandstand like a football tion allows us to get out Thursday some 45 to 50 years now. The cold war, team: ‘‘We want a touchdown.’’ We are night, Friday night, Saturday night or where we had to intentionally, in a on the field, and we are supposed to Sunday night and then come back on sense, sacrifice that leg in order to balance the budget, but we have to July 8 sometime after noon, based on keep the alliance together. But now, hear all the procedural crap so we can the time set out by the majority leader with the fall of the wall, we continue get to the next election and try to get later in the day? to act like we are fat, rich and happy. elected and try to hoodwink the people The PRESIDING OFFICER. That is The American people see it. Why do even further. correct. you think they followed Pat Buchanan It is time we stop this nonsense and Mr. THURMOND. Madam President, wherever he went? Because he was realize—I say to the distinguished Sen- it is my understanding, this will give talking sense on trade. I do not agree ator from Iowa that I am just as much us enough time to finish this bill. with him on many of his other stances, an agricultural Senator as he is. I got Mr. FORD. Through Sunday. I thank but he was solid as a dollar on the sub- up to WHO in Des Moines, IA. It was the Chair. ject of jobs and trade. That is why he 5:30 in the morning. ‘‘No Democrat The PRESIDING OFFICER. Without was picking up Republicans, Demo- would appear.’’ I did. objection, it is so ordered. crats, Independents, all, as long as he The first question for me was, ‘‘Sen- The concurrent resolution (H. Con. talked that sense on trade. ator, how do you expect to get any My workers know, for example, under votes out here in Iowa when you are Res. 192) was agreed to, as follows: NAFTA we have already lost, last year, standing for all the protectionism for H. CON. RES. 192 1995, with the closure of 21 mills, the the textile industry?’’ Resolved by the House of Representatives (the loss of 10,000 textile jobs. Almost that I said, ‘‘Wait one minute.’’ It was a Senate concurring), That when the House ad- many already this year have gone down young lady. I said, ‘‘Madam, the truth journs on the legislative days of Thursday, June 27, 1996, or Friday, June 28, 1996, pursu- to Mexico and to Malaysia. You go over of the matter is that we don’t ask for ant to a motion made by the Majority Lead- to the Secretary of Labor and the fine any protection. What we ask for is pro- er or his designee, it stand adjourned until little gentleman gives you the sing- tection of our agricultural products. noon on Monday, July 8, 1996, or until noon song, ‘‘retrain, retrain, retrain.’’ We believe in price supports and import on the second day after members are notified Madam President, I wish to get your quotas and those Export-Import Bank to reassemble pursuant to section 2 of this attention here. If you look at Oneida subsidies. We’ve got wheat, too, and concurrent resolution, whichever occurs Mills that just closed—they have been corn. We’ve got agricultural products.’’ first; and that when the Senate recesses or there 37 years—just the other day, 487 Until I was Governor, we were an ag- adjourns at the close of business on Thurs- ricultural State. Now the majority are day, June 27, 1996, Friday, June 28, 1996, Sat- workers, most of them female. They urday, June 29, 1996, or Sunday, June 30, 1996, make T-shirts. The age average is 47 in industry today. We have to find pursuant to a motion made by the Majority years of age. technical training and skills, but we Leader or his designee in accordance with Let us retrain them and assume to- think highly of agriculture. So do not this resolution, it stand recessed or ad- morrow morning they are already ex- think we do not know about agri- journed until noon on Monday, July 8, 1996 or

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7152 CONGRESSIONAL RECORD — SENATE June 27, 1996 until such time on that day as may be speci- Over the past 4 or 5 years, it has been scavenger anything that is in exist- fied by the Majority Leader or his designee a struggle just to survive. Senator REID ence. in the motion to recess or adjourn, or until and I have been informed that this year To show how desperate we are for off- noon on the second day after Members are is kind of a turnaround year; that is to sets, we are now going to cannibalize notified to reassemble pursuant to section 2 of this concurrent resolution, whichever oc- say, they have begun to, from a finan- the stock piles of essential minerals curs first. cial perspective, surface above the and metals that we have in the United SEC. 2. The Speaker of the House and the water line, and the concern that I have States. I think it is simply wrong. I Majority Leader of the Senate, acting jointly is that with the authorized disposition hope that this second-degree amend- after consultation with the Minority Leader of the strategic reserve, including tita- ment will pass. It is important, Madam of the House and the Minority Leader of the nium sponge, we might lose a very im- President, that we eliminate titanium Senate, shall notify the Members of the portant domestic industry, one that is sponge from this amendment. House and Senate, respectively, to reassem- critical to our national defense as well. I ask for the yeas and nays. ble whenever, in their opinion, the public in- terest shall warrant it. So it is on that basis that the second- The PRESIDING OFFICER. Is there a degree amendment that Senator REID sufficient second? There appears to be. Mr. THURMOND. Madam President, I and I have offered would delete tita- The yeas and nays were ordered. yield the floor. nium sponge from the list of strategic Mr. COHEN addressed the Chair. Mr. BRYAN addressed the Chair. materials that Senator COHEN has pro- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- vided as an offset to finance the ator from Maine. ator from Nevada is recognized. recoupment provisions in the under- Mr. COHEN. If I could just respond f lying amendment. very briefly. I know the Senator from NATIONAL DEFENSE AUTHORIZA- I yield the floor. Nevada is concerned about the poten- TION ACT FOR FISCAL YEAR 1997 Mr. REID addressed the Chair. tial consequences of any amendment to his State. But I point out that the The Senate continued with the con- The PRESIDING OFFICER. The Sen- amendment provides, specifically on sideration of the bill. ator from Nevada is recognized. Mr. BRYAN. I thank the Chair. May Mr. REID. Madam President, the ti- page 2 of the amendment, that ‘‘The I inquire of the Chair as to the par- tanium metals is located in a place President may not dispose’’—may not liamentary state of affairs on the called Henderson, NV. Henderson, NV, dispose—‘‘of materials under sub- floor? What is the pending amendment? is a town that was developed during section (a) to the extent that the dis- The PRESIDING OFFICER. The the Second World War. It was built for posal will result in—(1) undue disrup- pending amendment is the amendment no other purpose than to supply essen- tion of the usual markets of producers, tial war products to the allied war ef- processors, and consumers of the mate- by Senator COHEN from Maine. Mr. BRYAN. I thank the Chair. forts. It was Nevada’s industrial center rials proposed for disposal; or (2) avoid- and, in fact, still is. able loss to the United States.’’ AMENDMENT NO. 4371 TO AMENDMENT NO. 4369 Madam President, after World War II Second, we have a factsheet sub- Madam President, I send an amend- ended, this facility started building mitted by the Department of Defense. ment to the desk and ask for its con- other things, doing other things than Madam President, I ask unanimous sideration. what was done during the Second consent that that be printed in the The PRESIDING OFFICER. The World War. With the advent of jet en- RECORD. clerk will report. gines, one of the things they needed There being no objection, the mate- The assistant legislative clerk read was titanium metal. rial was ordered to be printed in the as follows: As a result of that, Henderson, NV, RECORD as follows: The Senator from Nevada [Mr. BRYAN], for became one of the two places in the DOD FACT SHEET—TITANIUM SPONGE himself and Mr. REID, proposes an amend- ment numbered 4371 to amendment No. 4369. United States that manufactures this Reported consumption for 1995 was esti- essential product. It is important that mated by the Bureau Mines to be 21,000 met- Mr. BRYAN. Madam President, I ask manufacturing of this product con- ric tons (23,100 short tons). unanimous consent that the reading of tinue. It is important that there be a Domestic production is running at 80 to 85 the amendment be dispensed with. stockpile of this material, because in percent of capacity. However, Johnson The PRESIDING OFFICER. Without case of an international crisis, the Matthey is installing a titanium sponge fa- cility in Salt Lake City, Utah. They have objection, it is so ordered. country would be simply without prod- The amendment is as follows: told DNSC officials that they would prefer ucts that are essential to our national the Stockpile to sell material into the mar- In the table in subsection (b), delete the security. ket during the early part of 1996 while their entry relating to titanium sponge. Hundreds of employees are affected facility is being brought on line. Thereafter, Mr. BRYAN. If it is not clear, I ask as a result of this amendment by our they would hope to see DNSC not sell tita- unanimous consent that Senator REID friend from the State of Maine. There nium sponge at all. be made a cosponsor of that amend- are only, to my knowledge, two oper- Considering the state of the domestic pro- ment. ations in the United States that manu- duction (U.S. sponge producers have sold out their production, forcing titanium metal The PRESIDING OFFICER. Without facture titanium sponge. The largest objection, it is so ordered. producers to go offshore for sponge) this manufacturer is in Henderson, NV. would be an ideal time to enter the market Mr. BRYAN. Madam President, I do Madam President, if in fact this un- with the Stockpile sponge. Market growth not know whether we are going to be derlying amendment passes, hundreds has been in the commercial aerospace appli- debating this extensively this evening, of people would be laid off. And not cations, demand for titanium-shafted golf but the underlying amendment seeks, only would hundreds of people be laid clubs and tubing for energy applications. as an offset, to compel the sale of cer- off, but the United States would not be RMI Titanium Co. (U.S. producer of titanium tain minerals in the strategic reserve, in a position to be ready in case of metal) recently increased its metal prices by 5 percent. RMI indicated that the reason for one of which would have a profound im- international crisis. pact on a very important industry in the increase has been the tightening of sup- The amendment says that: ply, demand exceeding the supply and a bid my own State. The issue is titanium, The President may not dispose of mate- to increase the profit margin. The published titanium sponge. rials under subsection (a) to the extent that price for domestic sponge has been con- My colleagues may not be familiar the disposal will result in— sistent at $4.40 per pound ($8,800 per short with this, but upon the implosion of (1) undue disruption of usual markets of ton) since October 12, 1995. the Soviet Union into its various re- producers, processors, and consumers of the The Market Impact Committee has not spective states, massive amounts of ti- materials proposed for disposal. . . been asked to comment on possible sales of tanium sponge, a part of the Soviet re- Madam President, this amendment is titanium sponge in fiscal year 1996 and fiscal serve, were dumped on the inter- being offered as an offset. Because of year 1997. P.L. 104–106 February 10, 1996, Sec. 3305 re- national market, depressing the price the amendment we passed last year, quires the Secretary of Defense to transfer of titanium to the extent that the do- what is beginning to happen around up to 250 short tons of titanium sponge to mestic titanium industry nearly went here, because of all the cuts that have the Secretary of the Army during each of the under. That occurred in 1991. been made, is that we are beginning to fiscal years 1996 to 2003 for the main battle

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7153 tank upgrade program. Maximum total The PRESIDING OFFICER. The (2) avoidable loss to the United States. transfer will equal 2,000 short tons. clerk will call the roll. (d) TREATMENT OF RECEIPTS.—(1) Notwith- Mr. COHEN. Madam President, I will The assistant legislative clerk pro- standing section 9 of the Strategic and Crit- cite it here. ceeded to call the roll. ical Materials Stock Piling Act (50 U.S.C. 98h), funds received as a result of the dis- Considering the state of the domestic pro- Mr. BRYAN. Madam President, I ask posal of materials under subsection (a) shall duction (U.S. sponge producers have sold out unanimous consent that the order for be deposited into the general fund of the their production, forcing titanium metal the quorum call be rescinded. Treasury and used to offset the revenues lost producers to go offshore for sponge) this The PRESIDING OFFICER. Without as a result of the amendments made by sub- would be an ideal time to enter the market section (a) of section 4303 of the National De- with the Stockpile sponge. objection, it is so ordered. AMENDMENT NO. 4371, WITHDRAWN fense Authorization Act for Fiscal Year 1996 Madam President, I am doing this at Mr. BRYAN. Madam President, at (Public Law 104–106; 110 Stat. 658). the request of the administration. (2) This section shall be treated as quali- They are saying they are going to veto this time, I would like to withdraw my fying offsetting legislation for purposes of this measure unless we include this second-degree amendment. subsection (b) of such section 4303. The PRESIDING OFFICER. The Sen- provision. So I am trying to act in a bi- (e) RELATIONSHIP TO OTHER DISPOSAL AU- ator has that right. THORITY.—The disposal authority provided in partisan fashion saying: The adminis- The amendment is withdrawn. subsection (a) is new disposal authority and tration wants this. I want it. It makes Mr. BRYAN. I thank the Chair. is in addition to, and shall not affect, any good sense for our producers of mili- Mr. COHEN addressed the Chair. other disposal authority provided by law re- tary equipment. The Department of The PRESIDING OFFICER. The Sen- garding the materials specified in such sub- Defense wants it. section. ator from Maine is recognized. It seems to me that the language is (f) DEFINITION.—The term ‘‘National De- written as such that it would not pose AMENDMENT NO. 4369, AS MODIFIED fense Stockpile’’ means the National Defense the kind of job loss that the Senator Mr. COHEN. Madam President, I have Stockpile provided for in section 4 of the from Nevada has indicated. As a mat- a modification of my original amend- Strategic and Critical Materials Stock Pil- ment, which will add a new subsection ing Act (50 U.S.C. 98c). ter of fact, according to DOD, this is (g) ADDITIONAL LIMITATION.—Of the the precise time that we ought to enter that would satisfy the interests of the Senators from Nevada. amounts listed in the table in subsection (b), the market for stockpile sponges. titanium sponge may be sold only to the ex- So, Madam President, I hope that we The PRESIDING OFFICER. The Sen- tent necessary to attain the level of receipts will vote against the elimination of the ator has the right to modify his amend- specified in subsection (a), after taking into titanium from my amendment and ap- ment, and the amended will be so modi- account the estimated receipts from the prove the amendment as I have drafted fied. other materials in such table. it. I ask for the yeas and nays on the The amendment (No. 4369), as modi- Mr. COHEN. Madam President, I sug- underlying amendment. fied, is as follows: gest the absence of a quorum. The PRESIDING OFFICER. The yeas At the end of title XXXIII, add the fol- The PRESIDING OFFICER. The lowing: and nays have been ordered on the clerk will call the roll. SEC. 3303. ADDITIONAL AUTHORITY TO DISPOSE amendment. OF MATERIALS IN NATIONAL DE- The legislative clerk proceeded to Mr. COHEN. I suggest the absence of FENSE STOCKPILE. call the roll. a quorum. (a) DISPOSAL REQUIRED.—Subject to sub- Mr. COHEN. Madam President, I ask Mr. BRYAN. Before the Senator from section (c), the President shall dispose of unanimous consent that the order for Maine would be prepared to yield, the materials contained in the National Defense the quorum call be rescinded. Senators from Nevada appreciate the Stockpile and specified in the table in sub- The PRESIDING OFFICER. Without Senator from Maine operating in a bi- section (b) so as to result in receipts to the objection, it is so ordered. United States in amounts equal to— Mr. COHEN. Madam President, I ask partisan fashion, but the concern that (1) $110,000,000 during the five-fiscal year we have with this amendment surfaces period ending September 30, 2001; for the yeas and nays on the amend- on the floor at nearly 2200 hours east- (2) $260,000,000 during the seven-fiscal year ment. ern daylight time. We get an emer- period ending September 30, 2003; and The PRESIDING OFFICER. Is there a gency call expressing concern from an (3) $440,000,000 during the nine-fiscal year sufficient second? industry that is vital, not only, in my period ending September 30, 2005. There is a sufficient second. view, to our national defense, but to a (b) LIMITATION ON DISPOSAL QUANTITY.— The yeas and nays were ordered. The total quantities of materials authorized The PRESIDING OFFICER. The community that my senior colleague for disposal by the President under sub- and I represent. section (a) may not exceed the amounts set question is on agreeing to the amend- We are also informed that the forth in the following table: ment, as modified, of the Senator from amount of the offset that the Senator Maine. On this question, the yeas and from Maine needs to accomplish his ob- AUTHORIZED STOCKPILE DISPOSALS nays have been ordered, and the clerk jective is something in the neighbor- will call the roll. hood of $440 million. I will yield to him Material for disposal Quantity Mr. NICKLES. I announce that the if he seeks to correct those numbers Chrome Metal, Electrolytic ...... 8,471 short tons Senator from Rhode Island [Mr. Cobalt ...... 9,902,774 pounds HAFEE that we have been provided with. Columbium Carbide ...... 21,372 pounds C ], the Senator from Mississippi In point of fact, by having all the ma- Columbium Ferro ...... 249,395 pounds [Mr. COCHRAN], the Senator from Or- Diamond, Bort ...... 91,542 carats ATFIELD terials in the strategic reserve made Diamond, Stone ...... 3,029,413 carats egon [Mr. H ], and the Senator available in the market, they actually Germanium ...... 28,207 kilograms from Oklahoma [Mr. INHOFE] are nec- Indium ...... 15,205 troy ounces generate more money than the Senator Palladium ...... 1,249,601 troy ounces essarily absent. has required for the offset. We want to Platinum ...... 442,641 troy ounces Mr. FORD. I announce that the Sen- Rubber ...... 567 long tons UMPERS work with the Senator, but I do not be- Tantalum, Carbide Powder ...... 22,688 pounds con- ator from Arkansas [Mr. B ], the lieve we can feel comfortable that tained Senator from Nebraska [Mr. EXON], the Tantalum, Minerals ...... 1,748,947 pounds con- EIN there will not in fact be an impact tained Senator from California [Mrs. F - upon an industry which is of critical Tantalum, Oxide ...... 123,691 pounds con- STEIN], and the Senator from Arkansas tained RYOR importance to our State. And I share Titanium Sponge ...... 36,830 short tons [Mr. P ] are necessarily absent. the concern with the Senator, my Tungsten ...... 76,358,235 pounds The result was announced—yeas 74, Tungsten, Carbide ...... 2,032,942 pounds friend, from Maine. Tungsten, Metal Powder ...... 1,181,921 pounds nays 18, as follows: Mr. COHEN. Madam President, just Tungsten, Ferro ...... 2,024,143 pounds [Rollcall Vote No. 180 Leg.] for the record, this amendment was YEAS—74 filed yesterday. It is not a last-moment (c) MINIMIZATION OF DISRUPTION AND LOSS.—The President may not dispose of ma- Abraham Bryan Coverdell initiative on my part. We do need to Ashcroft Burns Craig terials under subsection (a) to the extent move forward if we are going to have Baucus Byrd D’Amato that the disposal will result in— Bennett Campbell Daschle any chance of completing action on (1) undue disruption of the usual markets Biden Coats DeWine this bill. I suggest the absence of a of producers, processors, and consumers of Bond Cohen Dodd quorum. the materials proposed for disposal; or Breaux Conrad Domenici

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7154 CONGRESSIONAL RECORD — SENATE June 27, 1996 Faircloth Kempthorne Pell competing interests associated with local emergency personnel to respond Ford Kerrey Pressler environmental protection, shipboard to domestic terrorist WMD incidents. Frahm Kerry Reid Frist Kohl Robb quality of life, operational capability, The amendment also authorizes in- Gorton Kyl Rockefeller and cost effectiveness. As chairman of creases in the Defense and Energy Gramm Levin Roth the Senate Armed Services Committee, budgets for assistance to Russia and all Grams Lieberman Santorum I feel that compliance with U.S. and the Independent States of the former Grassley Lott Shelby Gregg Lugar international laws must, as a matter of Soviet Union under the cooperative Simpson Hatch Mack Smith national security, take into consider- threat reduction programs. Heflin McConnell Snowe ation the impacts on mission effective- I have concerns about authorizing Helms Mikulski new activities in both of these depart- Hollings Moseley-Braun Specter ness and operational flexibility. Navy Hutchison Moynihan Stevens ships are self-contained units with se- ments. I don’t question the goals of the Inouye Murkowski Thomas vere limits on space, weight, and the sponsors of this amendment. However, Jeffords Murray Thompson authorizing increases of this nature as Johnston Nickles Thurmond ability to power onboard equipment. In Kassebaum Nunn Warner short, these ships are designed to maxi- well as expanding the scope of these mize mission performance for the pres- two programs has not been discussed in NAYS—18 ervation of our national security. our committee. Akaka Feingold Leahy Based on an administration request The committee has received no infor- Bingaman Glenn McCain mation on the budgetary impact of this Boxer Graham Sarbanes and the Navy’s expressed operational Bradley Harkin Simon needs, I have included a provision in amendment. Additionally, confer- Brown Kennedy Wellstone the National Defense Authorization encing this provision with the House Dorgan Lautenberg Wyden Act for fiscal year 1997 that is similar will no doubt be extremely conten- NOT VOTING—8 to S. 1728. I say to the Senator from tious. As it was last year. As other members have done, I will Bumpers Exon Inhofe Alaska, I would propose that we use emphasize that there are no appropria- Chafee Feinstein Pryor the National Defense Authorization Cochran Hatfield tions for these activities in either of Act as a vehicle for this legislative pro- the defense appropriations bill. Of Mr. THURMOND. Mr. President, I vision. move to reconsider the vote. Mr. STEVENS. I agree that the Na- course, we have not yet received the Mr. SANTORUM. I move to lay that tional Defense Authorization Act for energy appropriations bill. I have concerns about the transfer motion on the table. fiscal year 1997 is an appropriate vehi- authority in the amendment, and the The motion to lay on the table was cle for this legislative proposal. Ac- agreed to. potential impact on programs in the cordingly, I will support your efforts to defense bill, as well as programs in the The PRESIDING OFFICER (Mr. include such a provision in your bill. KEMPTHORNE). The Senator from defense portion of the energy bill. Mr. THURMOND. I want to express The amendment includes authority Maine. my deep appreciation for the Senator’s Mr. COHEN. I ask unanimous consent for the Department of Defense to pro- interest and support on this issue. It is vide assistance to the Department of Senator LIEBERMAN be added as a co- my hope that we may continue to work Justice. I have concerns about Posse sponsor of the amendment. together in such matters. Comitatus implications of this provi- The PRESIDING OFFICER. Without TELEMEDICINE sion. This was the same provision in objection, it is so ordered. Mr. SANTORUM. Mr. President, as the Senate’s anti-terrorist bill, which Mr. STEVENS. Mr. President, I have the Chairman knows, the Senate Ap- was eventually dropped in conference discussed with my friend, Senator propriations Committee has provided because of those concerns. THURMOND, the issue of shipboard solid $20 million in the fiscal year 97 Depart- I would mention that I have concerns waste discharges and the Navy’s ability ment of Defense Appropriations bill in about increasing assistance to Russia, to comply with the Act to Prevent Pol- the area of telemedicine. when they continue to conduct re- lution from Ships [APPS] and Annex V The Armed Services Committee, search and development on ballistic of the International Convention for the under the strong leadership of Senator missiles and in building submarines. Prevention of Pollution on Ships THURMOND, has for several years recog- Additionally, I do have concerns about [MARPOL]. After thoroughly studying nized the importance of military re- Russia’s recalcitrance on the issue re- the operational and environmental im- search, development, and implementa- garding their transfer of knowledge, pacts, the Navy has identified the use tion of telemedicine. It has also given training and material to Iran, to help of paper/cardboard pulpers and metal/ value to the idea of working in partner- them build their nuclear reactors, as glass shredders as the preferred tech- ship with non-governmental entities in well as to China. nology for full compliance with this area. Additionally, Russia continues to MARPOL, at a fleet-wide cost of about My own home State of Pennsylvania refuse to provide information on its bi- $300 million. Conversely, full compli- has a strong interest in this area and is ological research activities, as well as ance with the APPS would involve the developing several new and exciting its chemical research activities on bi- use of technologies that would signifi- programs to assist our military health nary weapons, which we all have been cantly degrade operations and result in care capabilities. I encourage the dis- informed on by the former Russian sci- a fleet-wide cost of about $1.1 billion. tinguished chairman of the Armed entist Vil Miransaynov. Therefore, it is evident that additional Services Committee to closely examine The authority to conduct these pro- legislative guidance is necessary to en- these new technologies and look for- grams are not small commitments. I sure that U.S. strictures allow for the ward to his continued involvement in understand from DOE that the poten- use of developed technologies that are this area. tial cost for replacing the reactor cores environmentally sound, operationally Mr. THURMOND. I thank the Sen- at Tomsk 7 and Krasnoyarsk 26 is feasible, and affordable. As a result, I ator from Pennsylvania for his interest around $100 million. And that is just an have introduced S. 1728, which amends and dedication to this important estimate. section 1902(c) of the APPS by allowing breakthrough in military health care What is the cost of converting bio- the Navy to use pulpers and shredders and I look forward to working with logical and chemical production facili- to dispose of non-plastic and non-float- him and our counterparts on the Ap- ties in all the independent states of the ing solid waste. Senator THURMOND, I propriations Committee on these ef- Former Soviet Union? am aware that you and I have similar forts. What impact would ratifying a Chem- concerns related to this issue. AMENDMENT NO. 4349 ical Weapons Convention have on this Mr. THURMOND. Let me assure my Mr. KEMPTHORNE. Mr. President, I authority? While the Bilateral Destruc- friend that I am aware of this issue and rise in support of the amendment of- tion Agreement would have allowed the agree that a legislative solution is nec- fered by the Senators from Georgia, conversion of chemical facilities, the essary. It is clear that the Navy’s use New Mexico, and Indiana to authorize CWC prohibits the conversion of the of pulpers and shredders provides the funding for an emergency assistance chemical facilities for nondefense pur- best available means of balancing the program to train and equip State and poses.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7155 I support the efforts of, and want to Nation’s need for tritium as the excuse. erator technology—for which we are work with, my colleagues on estab- Although the project is being justified authorizing over $140 million in spend- lishing a program to assist State and by national security needs, scientists ing in fiscal year 1997—will or will not local communities in responding to at DOE’s national laboratories are lin- work. However, I can say with con- terrorist use of WMD. But I must em- ing up to propose new research pro- fidence that the Department of Energy phasize my concerns about increasing grams for which the accelerator can be has demonstrated a very poor record in funds for the cooperative threat reduc- used. managing other large initiatives. Fur- tion programs in the DOD and DOE Mr. President, the Department of En- thermore, the American people have budgets. ergy has a poor track record of starting never been enthusiastic about paying TRITIUM PRODUCTION large projects and then helplessly for these types of large projects. When Mr. SMITH. Mr. President, I rise watching the costs and schedule ex- costs begin to escalate, what makes us today to express some strong concerns pand out of control. Virtually every think they will support this risky that I have regarding this country’s major project ever started by DOE has project in the future? ability to produce and maintain our been terminated during construction or vital supply of tritium. I am deeply before beginning any useful operation. Unfortunately, Mr. President, I fear concerned that the administration is Besides the money wasted on the Super that the administration, and now this proceeding down a costly and uncertain Collider, there was the Clinch River Congress, may be overlooking the most path, and that we are failing to take Breeder Reactor, the Fast Flux Test reasonable approach to performing the necessary action to protect our na- Facility, upgrades to the K-Reactors, tritium mission; that being, a new nu- tional security interests. et cetera, et cetera. Each of these were clear reactor that could produce trit- Mr. President, tritium is a man-made multibillion-dollar projects. ium, while generating electricity for radioactive isotope of hydrogen. It has Recently, the Department provided a use in the surrounding area of the a half-life of about 12 years and decays forecast of the funds required to fulfill country. Since this type of new reactor at a rate of about 5.5 percent per year. the tritium mission during the re- project would earn revenue from the It is essentially the ‘‘booster’’ that search, development, and proposed con- electricity sales, it could be privatized gives a nuclear weapon much of its ex- struction phases. According to the and, thus, its construction could be plosive power. Even though the cold chart, the Department plans on spend- paid for largely through private war is over, the United States still re- ing $4.863 billion on the accelerator and funds—not by the taxpayers. In fact, quires a downsized nuclear deterrent to an additional $535 million on civilian ensure our security from continuing Department of Energy studies show the light water reactor research. Mr. Presi- threats, including those from emerging new reactor option to be billions of dol- Third World nations with nuclear capa- dent, over the next several years, we lars less expensive than the accel- bilities and a demonstrated willingness are going to ask the taxpayers to foot erator. Indeed, industry critics say to use terrorist tactics to achieve their a bill of over $5 billion for tritium pro- that the cost gap between the accel- national objectives. duction and that is simply to get the erator and reactor options is even larg- With regard to the tritium produc- program up and running. That does not er than the numbers in DOE’s studies— tion decision, Secretary Hazel O’Leary include the several billion dollars it more like $10 to $15 billion over the and now this Congress are about to will take in annual operation and project’s lifetime. maintenance. Indeed, according to the travel down a path with far-reaching Mr. President, I doubt this issue will Department’s own estimates, the accel- implications for both national security receive any more debate or discussion and U.S. taxpayers’ pocketbooks over erator could cost taxpayers in excess of $20 billion over its lifetime. than what I have raised today. I know the next half century. In October 1995, that my colleague from Arizona, Sen- Secretary O’Leary announced a dual- Mr. President, I ask unanimous con- ator KYL, has been an outspoken critic track approach of more studies for sent that the ‘‘Tritium Production Budget Forecast’’ be printed in the of the Department of Energy’s han- meeting future tritium requirements dling of the tritium decision. I com- for the next 3 years. According to the RECORD. Obviously, it is clear that mend my friend from Arizona for his legislation before us, we are author- when President Clinton commented continuing interest in this matter, and izing $160 million in fiscal year 1997 for during his State of the Union speech his steadfast support for maintaining a tritium production studies. According that ‘‘the era of big government is safe, reliable, and effective nuclear de- to the legislation, approximately 90 over.’’ He forgot about this project. terrent. percent will go to Los Alamos National There being no objection, the mate- Laboratory’s linear accelerator re- rial was ordered to be printed in the While this issue may go largely unno- search project. The remaining 10 per- RECORD, as follows: ticed this year, I am forewarning my cent of the $160 million will go toward colleagues that we are likely to debate continued research for use of an exist- TRITIUM PRODUCTION BUDGET FORECAST—1996–1997 in the future this Government’s exorbi- ing nuclear reactor to produce tritium. [In millions] tant spending on the accelerator and With regard to the linear accelerator Year APT funding CLWR how research and development is tak- for tritium production, the Department ing much longer than previously an- of Energy’s last attempt at building a 1996 ...... $45 $5 1997 ...... 85 15 ticipated—at the same time that our new accelerator was the super- 1998 ...... 255 37 tritium stockpile comes perilously conducting super collider—now an 1999 ...... 276 44 2000 ...... 282 69 close to depletion. Meanwhile, a tech- empty ditch full of rusting equipment 2001 ...... 496 78 nology available today that can be pri- and shattered dreams, sitting idle on 2002 ...... 739 108 2003 ...... 903 120 vately financed is apparently being the plains of Texas. Like the accel- 2004 ...... 901 36 shunned. erator that the DOE wants to build, the 2005 ...... 431 23 2006 ...... 228 0 Considering all of the painful budget Department started out with an esti- 2007 ...... 221 0 mate of only a few billion dollars to cuts confronting us in the years ahead, Total ...... 4863 535 build the super collider. However, after and the critical need for tritium, I can- several years and billions of dollars of Notes.—Taken from presentation by Bill Bishop, DOE, to Aiken/Augusta not understand how this body would Chambers of Commerce, May 2, 1996. taxpayer money, the project began run- allow the Energy Department to ini- ning behind schedule and the cost esti- Mr. SMITH. Mr. President, I must tiate another big ticket accelerator re- mates began to balloon out of control. ask my colleagues: Is this the direction search project, particularly when its Finally in 1992, when the cost estimate we should go? We are putting a great overall cost and performance are seri- had grown to more than $11 billion, deal of trust in an undeveloped tech- ously in question. In my view, we Congress said ‘‘enough is enough’’ and nology for such a critical national se- should be exploring other possible al- pulled the plug on the collider pro- curity mission. I certainly cannot pre- ternatives, particularly those that are gram. dict the future, but I am 100 percent at less expensive and more reliable, to Now the DOE proposes to start a new predicting the past. I cannot say with satisfy this key national security re- accelerator research project, using the any degree of certainty that the accel- quirement.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7156 CONGRESSIONAL RECORD — SENATE June 27, 1996 ENVIRONMENTAL MANAGEMENT HEADQUARTERS, Standing Rules of the Senate, do hereby Mr. MCCAIN. I urge the Senate to PROGRAM DIRECTION SUBACCOUNT move to bring to a close debate on S. 1745, adopt this amendment. Mr. SARBANES. Mr. President, I rise the Department of Defense Authorization The PRESIDING OFFICER. Without today regarding the Department of En- bill: objection, the amendment is agreed to. ergy’s Environmental Management Trent Lott, Phil. Gramm, Larry E. Craig, The amendment (No. 4372) was agreed Headquarters’ Program Direction sub- Conrad Burns, Arlen Specter, Dan to. Coats, Connie Mack, Chuck Grassley, Mr. MCCAIN. Madam President, I account which is funded under the fis- Craig Thomas, Bill Cohen, Jon Kyl, cal year 1997 DOD authorization. Strom Thurmond, Rick Santorum, C.S. move to reconsider the vote by which The House passed version of the fis- Bond, Bob Smith, Judd Gregg. the amendment was agreed to. cal 1997 Defense authorization cuts the Mr. LEVIN. I move to lay that mo- Mr. LOTT. For the information of all Environmental Management Head- tion on the table. Senators, this cloture vote, if nec- quarters’ Program Direction sub- The motion to lay on the table was essary, would occur on Saturday. It is account by $71 million. This office agreed to. my sincere hope the Senate will have under the EM program boasts some of PRIVILEGE OF THE FLOOR taken this bill to third reading long be- DOE’s most technically savvy, highly Mr. LEVIN. Madam President, could fore Saturday, however we may not be trained employees—each of whom pro- I interrupt for just a moment to ask able to get it done. But if we get this vide critical oversight for our Nation’s unanimous consent that the privileges unanimous-consent agreement worked extensive Defense Nuclear Safety and of the floor be extended to Max H. out that we are working on, and I Waste Management initiatives. It is Della Pia in the Air Force Reserve, a think we are getting close, if we can my understanding that the House’s re- Fellow in my office, during the pend- get the list of amendments agreed to in duction in this subaccount was made ency of this bill. the morning, then we can move them precipitously—without hearings or any The PRESIDING OFFICER. Without forward and I think we can get to third other discussion of its long-term im- objection, it is so ordered. reading tomorrow. pact on the Department’s ability to ad- AMENDMENT NO. 4373 But as for now, that is the last vote minister such an essential function. (Purpose: To place a condition on authority of tonight. The Senate version of the DOD author- of the Secretary of the Navy to dispose of I yield the floor. certain tugboats to the Northeast Wis- ization retains funding for this impor- Mr. MACK. Mr. President, I suggest consin Railroad Transportation Commis- tant function and I urge my colleagues the absence of a quorum. sion) on the Armed Services Committee to The PRESIDING OFFICER. The Mr. LEVIN. Madam President, on be- work to ensure that funding for the En- clerk will call the roll. half of Senator GLENN and Senator vironmental Management Head- The bill clerk proceeded to call the ABRAHAM, I offer an amendment that quarters’ Program Direction sub- roll. would place a condition on the author- account will be upheld at the Senate Mr. MCCAIN. Madam President, I ask ity of the Secretary of the Navy to level when the fiscal year 1997 Defense unanimous consent that the order for transfer tugboats to the Northeast Wis- authorization is taken up in con- the quorum call be rescinded. consin Railroad Transportation Com- ference. The PRESIDING OFFICER (Mrs. mission. Mr. LOTT addressed the Chair. The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- HUTCHISON). Without objection, it is so ordered. clerk will report. ate will come to order. The majority The legislative clerk read as follows: AMENDMENT NO. 4372 leader is recognized. The Senator from Michigan (Mr. LEVIN), Mr. LOTT. Mr. President, I ask unan- (Purpose: To require a study of ship self-de- for Mr. GLENN, for himself, Mr. ABRAHAM, imous consent the cloture vote sched- fense options for the ‘‘Cyclone’’ class pa- and Mr. LEVIN, proposes an amendment num- uled to occur today now occur at 9:30 trol craft) bered 4373. a.m. on Friday, June 28. Mr. MCCAIN. Madam President, on The amendment is as follows: The PRESIDING OFFICER. Without behalf of Senators WARNER and SMITH, In section 1022(a), strike out ‘‘. Such trans- objection, it is so ordered. I offer an amendment that would re- fers’’ and insert in lieu thereof ‘‘, if the Sec- Mr. LOTT. For the information of all quire a study of ship self-defense op- retary determines that the tugboats are not Senators, a third attempt to vote clo- tions for the ‘‘Cyclone’’ class patrol needed for transfer, donation, or other dis- ture on this DOD authorization bill craft. I believe this amendment has posal under title II of the Federal Property will occur in the morning at 9:30 as just been cleared by the other side. and Administrative Services Act of 1949 (40 announced. The PRESIDING OFFICER. The U.S.C. 481 et seq.). A transfer made under the preceding sentence’’. Immediately following that vote, re- clerk will report. gardless of outcome, it will be my in- The legislative clerk read as follows: Mr. LEVIN. Madam President, this tention to propound a unanimous-con- amendment would reinstate the normal The Senator from Arizona (Mr. MCCain), GSA review of the disposal. sent agreement limiting the remaining for Mr. WARNER, for himself, and Mr. SMITH, I ask unanimous consent that I be amendments to the bill. We will be proposes an amendment numbered 4372. added as a cosponsor. meeting after this announcement with The amendment is as follows: The PRESIDING OFFICER. Without the distinguished Democratic leader to At the end of subtitle B of title II add the objection, it is so ordered. go over the list of amendments. Also to following: Mr. MCCAIN. Madam President, the see if we have been able to work out an SEC. 223. CYCLONE CLASS CRAFT SELF-DEFENSE. amendment has been cleared on this agreement on a number of other items (a) STUDY REQUIRED.—Not later than side. that have been delaying final move- March 31, 1997, the Secretary of Defense The PRESIDING OFFICER. Without ment. We are asking once again all shall— objection, the amendment is agreed to. Senators to cooperate. Please do not (1) carry out a study of vessel self-defense The amendment (No. 4373) was agreed come up with amendments that do not options for the Cyclone class patrol craft; to. relate directly to the defense bill. and (2) submit to the Committee on Armed Mr. LEVIN. Madam President, I f Services of the Senate and the Committee on move to reconsider the vote by which the amendment was agreed to. CLOTURE MOTION National Security of the House of Represent- atives a report on the results of the study. Mr. MCCAIN. I move to lay that mo- Mr. LOTT. Mr. President, I send a (b) SOCOM INVOLVEMENT.—The Secretary tion on the table. cloture motion to the desk. shall carry out the study through the Com- The motion to lay on the table was The PRESIDING OFFICER. The clo- mander of the Special Operations Command. agreed to. ture motion having been presented (c) SPECIFIC SYSTEM TO BE EVALUATED.— AMENDMENT NO. 4374 under rule XXII, the Chair directs the The study under subsection (a) shall include (Purpose: To clarify the definition of the clerk to read the motion. an evaluation of the BARAK ship self-de- term ‘‘national security system’’ for pur- The legislative clerk read as follows: fense missile system. poses of the Information Technology Man- CLOTURE MOTION Mr. LEVIN. Madam President, this agement Reform Act of 1996) We, the undersigned Senators, in accord- amendment has been cleared on this Mr. MCCAIN. Madam President, on ance with the provisions of rule XXII of the side. We have no objection to it. behalf of Senator COHEN, I offer an

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7157 amendment which would clarify the Policy opposes the House-passed provi- ability. Thus, there was never any definition of ‘‘national security sys- sion, and I look forward to the admin- compelling reason for keeping the tems’’ under the Information Tech- istration’s continued support for main- Brooks Act exemption language as the nology Management Reform Act of taining the integrity of the ITMRA in ITMRA eliminated the original reason 1996. conference. for the exemption. I believe this amendment has been The ITMRA was based on com- The Congress did believe, however, cleared by the other side. promise. Like most compromises, it that national security systems should Mr. LEVIN. Madam President, this probably will not satisfy everyone with be given some greater flexibility in im- amendment has been cleared. an interest in information manage- plementing the ITMRA and agreed to Mr. McCAIN. Madam President, I ment issues. The ITMRA is a signifi- keep a national security systems defi- urge that the Senate adopt this amend- cant step in establishing the oversight nition and classification. Systems clas- ment. criteria by which all information sys- sified as national security systems are The PRESIDING OFFICER. The tems including national security sys- exempt from select portions of the act. clerk will report. tems will be judged. This criteria will It perhaps can be argued that with re- The legislative clerk read as follows: be used by OMB, agency heads, the in- cent problems with classified financial The Senator from Arizona (Mr. MCCAIN), spectors-general, GAO, and the Con- systems and information management for Mr. COHEN, proposes an amendment num- gress in holding agency officials ac- at the National Reconnaissance Office, bered 4374. countable for obtaining a positive re- the serious cost overruns derived from The amendment is as follows: turn for the taxpayers on the more poor software management in many At the end of subtitle F of title X add the than $50 billion annual Government in- major weapons systems, and the lack following: vestment in information systems. It is of interoperability among our com- SEC. 1072. CLARIFICATION OF NATIONAL SECU- important to know whether we are get- mand, control, communications sys- RITY SYSTEMS TO WHICH THE IN- FORMATION TECHNOLOGY MANAGE- ting our money’s worth on information tems that the ITMRA national security MENT REFORM ACT OF 1996 AP- technology investments including, for systems exemption are too broad. This PLIES. example, the systems that process clas- is probably the case, and I considered Section 5142(b) of the Information Tech- sified imagery, the software that offering an amendment to eliminate nology Management Reform Act of 1996 (divi- guides a precision-guided munition to the national security systems exemp- sion E of Public Law 104–106; 110 Stat. 689; 40 U.S.C. 1452(b)) is amended— its target, the computers that control tion. (1) by striking out ‘‘(b) LIMITATION.—’’ and our Nation’s air traffic control system, I have, however, decided not to pur- inserting in lieu thereof ‘‘(b) LIMITATIONS.— and the long distance phone bill for sue that amendment in order to see (1)’’; and Federal employees in Portland, ME. how the current system will work in (2) by adding at the end the following: The ITMRA would accomplish mean- practice. I will have to leave it to my ‘‘(2) Notwithstanding any other provision ingful reform, in part, by emphasizing successors to ascertain how well na- of this section or any other provision of law, up-front capital planning and the es- tional security systems are conforming for the purposes of this subtitle, a system to the ITMRA and whether a more re- that, in function, operation, or use, involves tablishment of clear performance goals the storage, processing, or forwarding of and investment criteria designed to stricted exemption is necessary. In the classified information and is protected at all improve agency operations. Once the coming years we will witness whether times by procedures established for the han- up-front planning is complete and the DOD is able to seize the opportunities dling of classified information shall be con- performance goals are established, the generated from procurement and man- sidered as a national security system under procurement reforms that Congress has agement reforms to provide cost-effec- the definition in subsection (a) only if the enacted in the last 2 years would make tive intelligence and information sys- function, operation, or use of the system— it simpler and faster for agencies to tems that effectively support our serv- ‘‘(A) involves activities described in para- ice men and women and maintain our graph (1), (2), or (3) of subsection (a); purchase information technology. ‘‘(B) involves equipment described in para- This management criteria applies to technological advantage on the battle- graph (4) of subsection (a); or all systems in the Government includ- field. I fear, however, if the culture ‘‘(C) is critical to an objective described in ing national security systems. Yet we does not change at DOD and the Pen- paragraph (5) of subsection (a) and is not ex- have not emerged from the old Brooks tagon continues to hide behind legal- cluded by paragraph (1) of this subsection.’’. Act paradigm. During the negotiations istic and metaphysical barriers to out- Mr. COHEN. Madam President, the over the ITMRA, I reluctantly agreed side oversight, we will witness the con- amendment I am offering today is de- to maintain the status quo and keep tinued development of shoddy systems signed to maintain the integrity of the the old Brook Act national security that do not take advantage of the dy- national security systems definition of systems definition and exemptions. But namic commercial marketplace and the Information Technology Manage- one must really ask what these sys- that will in time erode our national se- ment Reform Act [ITMRA] of 1996. This tems are really exempted from? It is curity in the information age. act lays the foundation for real infor- not from OMB oversight as OMB al- Another of the more contentious mation management reform not only ready has that authority in the budget issues in developing the ITMRA was at the Department of Defense but at all process. This authority was reaffirmed how to treat the oversight of security government agencies. in the ITMRA as Congress explicitly di- standards in the Government. Recent The need for this amendment is to rected the Director of OMB to enforce hearings of the Permanent Sub- make clear that the Senate does not accountability for sound information committee on Investigations reveal wish to see any significant policy resources management through the that information security is still a se- changes to the ITMRA until there has budget process for all information rious problem that needs to be ad- been some time to assess progress in technology including national security dressed. In ITMRA, Congress at- the implementation of the act. The na- systems. tempted to maintain the status quo re- tional security systems language in the The Brooks Act exemptions were garding the division of responsibilities ITMRA represents a delicate com- originally passed to exclude some DOD over information security standards promise between Congress, DOD, and and intelligence systems for the pro- and oversight. Based on recent events, the intelligence community. But, even curement authority of the Adminis- I have now come to the conclusion that before the law becomes effective the trator of the General Services Adminis- the agencies responsible for informa- House was asked to include a signifi- tration. It was never intended to ex- tion security are more concerned with cant change to the ITMRA on the empt DOD and the CIA from imple- turf battles and bureaucratic infight- House-passed version of the DOD au- menting sound management practices. ing than they are about securing vital thorization bill. The House provision ITMRA frees all agencies from GSA Government information. I am con- undermines the compromise reached oversight in exchange for adhering to vinced that Congress needs to re- last year and would have the effect of the sound business-tested methods of address the Computer Security Act and limiting oversight for a new class of in- capital planning, establishing invest- its implementation, but I am also con- formation systems. The administration ment controls, measuring performance, vinced that this bill is not the vehicle in its Statement of Administrative benchmarking, and enforcing account- to address the issue.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7158 CONGRESSIONAL RECORD — SENATE June 27, 1996 In conclusion, the amendment I pro- The PRESIDING OFFICER. Without gram offices. The CAIG massages their pose clarifies any ambiguity regarding objection, the amendment is agreed to. numbers. The CAIG adds 5 or 10 percent the definition of national security sys- The amendment (No. 4375) was agreed to the price tag—for safe measure. tems, reaffirms the Senate’s commit- to. That’s the CAIG’s cover your fanny ment to maintaining the application of Mr. LEVIN. Madam President, I maneuver. Then the CAIG ‘‘Chair,’’ Mr. the ITMRA, and directly counters the move to reconsider the vote by which David McNicol, wages his magic wand House provision. Unlike the amend- the amendment was agreed to. and declares his estimates ‘‘inde- ment to the House bill, this amend- Mr. MCCAIN. I move to lay that mo- pendent.’’ ment does not change the status quo tion on the table. The CAIG’s highly educated staff with regard to information systems se- The motion to lay on the table was acts like a high-priced conveyer belt curity and maintains the comprehen- agreed to. for shoddy estimates. Keep in mind sive applicability of ITMRA to classi- AMENDMENT NO. 4376 that the program offices and contrac- fied systems that do not meet the na- (Purpose: To amend section 218 to require tors like to low ball it. They want to tional security systems definition. that the report on F–22 aircraft program get their program started—get the The PRESIDING OFFICER. Without costs include a comparison with an earlier camel’s nose under the tent, so to objection, the amendment is agreed to. estimate of costs) speak. Once they get the program roll- The amendment (No. 4374) was agreed Mr. MCCAIN. Madam President, on ing, then they gradually ratchet up the to. behalf of Senator GRASSLEY, I offer an cost. That’s dishonest. Mr. MCCAIN. Madam President, I amendment which requires a report on This is one reason why we have the move to reconsider the vote by which the F–22 aircraft program cost, includ- $150 billion plans/reality mismatch at the amendment was agreed to. ing a comparison with an earlier esti- the Pentagon. Mr. LEVIN. I move to lay that mo- mate of costs. This is not the kind of cost-esti- tion on the table. The PRESIDING OFFICER. The mating process envisioned in section The motion to lay on the table was clerk will report. 2434 of the law. The CAIG should de- agreed to. The legislative clerk read as follows: velop its own estimate from the bot- AMENDMENT NO. 4375 The Senator from Arizona [Mr. MCCAIN], tom up. (Purpose: To require the Secretary of the for Mr. GRASSLEY, proposes an amendment The original F–22 cost estimate is an Army to type classify the Electro Optic numbered 4376. excellent case in point. When the De- Augmentation [EOA] system) The amendment is as follows: fense Acquisition Board or DAB met in Mr. LEVIN. Madam President, on be- At the end of section 218(a) add the fol- June and July 1991 to consider whether half of Senators HEFLIN and SHELBY, I lowing: ‘‘The report shall include— to move the F–22 into full-scale devel- offer an amendment which I believe is ‘‘(1) a comparison of— opment, the CAIG presented a cost es- at the desk. ‘‘(A) the results of the review, with timate. But it wasn’t independent. The PRESIDING OFFICER. The ‘‘(B) the results of the last independent es- The CAIG presented a report to the timate of production costs of the program DAB citing two estimates: the Pro- clerk will report. that was prepared by the Cost Analysis Im- The legislative clerk read as follows: gram Office estimate of $110.2 billion; provement Group in July 1991; and and the Air force estimate of $114 bil- The Senator from Michigan [Mr. LEVIN), ‘‘(2) a description of any major changes in for Mr. HEFLIN, for himself and Mr. SHELBY, programmatic assumptions that have oc- lion. This was for 750 aircraft in FY proposes an amendment numbered 4375. curred since the estimate referred to in para- 1990 dollars. There was no independent The amendment is as follows: graph (1)(B) was made, including any major CAIG estimate. At the end of subtitle B of title I, add the change in assumptions regarding the pro- The CAIG’s sole input consisted of a following: gram schedule, the quantity of aircraft to be bunch of gross generalizations and SEC. 113. TYPE CLASSIFICATION OF ELECTRO developed and acquired, and the annual rates lame caveats. For example, it warned OPTIC AUGMENTATION (EOA) SYS- of production, together with an assessment of a ‘‘high probability’’ that develop- TEM. of the effects of such changes on the pro- ment or EMD costs would exceed the (a) REQUIREMENT.—The Secretary of the gram.’’. Army shall type classify the Electro Optic $12.7 billion cited in the Air Force esti- INDEPENDENT COST ESTIMATE FOR F–22 mate because there was no allowance Augmentation (EOA) system. AIRCRAFT (b) FUNDING.—Of the amounts authorized for ‘‘unknown unknowns.’’ to be appropriated for the Army by this divi- Mr. GRASSLEY. Madam President, I How would the CAIG quantify an un- sion, $100,000 shall be made available to the would like to express strong support known unknown if it had one? And Armored Systems Modernization Program for section 219 of the bill. This is an ex- what about ‘‘known knowns’’? manager for the type classification required cellent provision. It just needs some I ask unanimous consent to have by subsection (a). fine tuning. printed in the RECORD the June 1991 Mr. HEFLIN. Madam President, I rise Section 218 calls for an independent CAIG report on the F–22 report. to offer an amendment that would cost estimate of the Air Force F–22 There being no objection, the mate- allow the Army to type classify the Fighter Program by March 30, 1997. The rial was ordered to be printed in the electro optic augmentation system. independent estimate is to be prepared RECORD, as follows: The Army spent millions of dollars to by the Cost Analysis Improvement OFFICE OF THE develop this hardware but, for the lack Group [CAIG]. The last CAIG report on SECRETARY OF DEFENSE, of less than $100,000, was unable to cer- the F–22 was done in 1991—5 years ago. Washington, DC. June 21, 1991. tify the final product. The CAIG has two missions: first, be MEMORANDUM TO THE CHAIRMAN, I have been informed that elements a cost watchdog at the Pentagon; and CONVENTIONAL SYSTEMS COMMITTEE of the Army wish to purchase this second, develop independent cost esti- Subject: Initial CAIG Report on the Advanced equipment, but cannot due to the lack mates for major weapons systems. The Tactical Fighter (ATF). of this final certification. As the use of CAIG’s charter is embodied in a small This memorandum provides a preliminary the EOA will save the Army millions of piece of legislation—section 2434 of statement of the main conclusions of our re- maintenance dollars annually, I hope title 10 of the U.S. Code—developed, in view of the Air Force program office and my colleagues will join me in sup- part, by Senator NUNN. independent estimates of the costs of the Having honest and accurate cost esti- ATF program. porting this legislation. Top lines of the program office estimate Mr. LEVIN. Madam President, this mates is the key to making smart deci- (POE) and the Air Force’s Independent Cost amendment would direct the Army to sions. Unfortunately, the CAIG’s track Analysis (ICA) are shown below. conduct the necessary administrative record is dismal. Historically, it has actions to allow the Army to buy a sys- underestimated actual costs by 25, 50, ATF COST ESTIMATES—MILESTONE II [750 Aircraft; fiscal tem to test some of its electro-optic 75 or even 100 percent or more. year 1990; dollars in millions] devices on its tanks and other armored In a nutshell, this is the problem: vehicles. The CAIG uses the notorious ‘‘pass- Program Air Force Delta Office ICA esti- (in Mr. MCCAIN. Madam President, the through’’ method of cost estimating. estimate mate per- amendment has been cleared on this The CAIG relies on the estimates pre- cent) side. pared by the contractors and the pro- DEM/VAL ...... 3,808 3,847 +1.0

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7159 ATF COST ESTIMATES—MILESTONE II [750 Aircraft; fiscal complex as that of the ATF. Providing an al- dered by the Committee. In addition, year 1990; dollars in millions]—Continued lowance for the risk of the EMO program, actual manufacturing cost data from then, would require funding for program con- the first development aircraft is be- tent that has not been specifically identified. Program Air Force Delta coming available. To the maximum ex- (in We recognize that some would argue that Office ICA esti- per- tent possible, the CAIG should use that estimate mate cent) funding reserves for risk is bad practice, par- ticularly for cost plus contracts. (And the data in preparing its estimate of F–22 EMD ...... 11,620 12,730 +9.6 ATF is the first large development program production costs. Production ...... 1 48,845 49,621 +1.6 O&S ...... 45,900 47,800 +4.1 in nearly a decade for which a cost-plus con- The intent of my amendment is sim- tract will be used.) It seems clear, however, ple: Get the CAIG to do a good job this 1 The POE production cost estimate for 648 F–22s is $43.5B (FY90$). that the Department must either accept the time. The F–22 is one of DOD’s biggest There are two major issues concerning the Air Force estimate and be prepared to add programs, and it needs scrutiny and EMD estimate which we believe need to be funding later, or add funds now for yet-to-be- disciplined analysis. The last time addressed. identified content changes. The CAIG’s crosscheck of the production around the CAIG hid in the weeds. I First, the program is not fully funded in don’t want to see that happen again. the President’s Budget. Our assessment of estimate is about 10% higher than the POE EMD costs is close to the ICA, and we rec- and the ICA estimate, due to differences on The Committee staff has reviewed ommend that the EMD program be funded to composite manufacturing hours and on ra- my amendment and indicated that it is that level. The ICA is about $2.7B higher tios of ancillary costs to manufacturing acceptable. than the ATF EMD funding in the FY 1992 hours for composites. Madam President, I would like to Amended President’s Budget (APB). The fol- We will provide a full CAIG report later. thank the Committee Chairman, Sen- lowing adjustments to ATF RDT&E in the DAVID L. MCNICOL, ator THURMOND, and the ranking mi- APB are needed through FY97 to fund the Chairman, Cost Analysis nority member, Senator NUNN, for Air Force ICA estimate: +62M FY91; ¥$179M Improvement Group. their leadership and support on this FY92; +$22M FY93; +159M FY94; +430M FY93; Mr. GRASSLEY. Madam President, issue. I would also like to thank the re- +$892M FY96; and +$978M FY97. Second, we believe that there is a high because of persistent complaints about sponsible staff person, Mr. Steve probability that the EMD program will re- its shoddy work on the F–22, the CAIG Madey, for his advice and assistance. quire more than the $12.7B ICA estimate be- was forced back to the drawing board. Mr. MCCAIN. Madam President, I be- fore EMD is completed. We do not say this In late July 1991—after the second DAB lieve this amendment has been cleared out of any belief that the costing methods review, the CAIG produced an inde- by the other side. used by the Air Force are inappropriate, or pendent cost estimate of the F–22. This Mr. LEVIN. It has been cleared. that the Air Force estimate omits major ele- was an 80-page report with detailed Mr. MCCAIN. I urge the Senate to ments of content that can be specifically supporting documentation. Very few adopt this amendment. identified at this time, neither of which is people have actually seen it. It never The PRESIDING OFFICER. Without the case. Our point is simply that the EMD objection, the amendment is agreed to. cost estimate for this tremendously complex went to the DAB. and challenging airframe, engine, and avi- Madam President, I don’t have a copy The amendment (No. 4376) was agreed onics development program contains no spe- of it, but I’m told its buried in a file to. cific provisions for ‘‘unknown unknowns.’’ someplace in the Pentagon. The Com- Mr. MCCAIN. Madam President, I In discussions of this topic with us, Air mittee should see it. move to reconsider the vote by which Force representatives have described their The author of the 1991 CAIG reports the amendment was agreed to. extensive risk reduction program which has: on the F–22, Mr. David J. Gallagher, is Mr. LEVIN. I move to lay that mo- Proved key aspects of the technology; tion on the table. Achieved an exceptionally well established still a member of the CAIG. He knows where the 80-page report is hidden. He The motion to lay on the table was set of regulations; agreed to. Provided management tools giving knows where the F–22’s skeletons are AMENDMENT NO. 4377 unparalled insight into the evolution of the buried. development program. I would like to urge the Committee (Purpose: To provide funding for research The force of these points, which we grant, to give the CAIG strict guidance about and development relating to desalting is that the risks are not so large as they using the July 1991 report as a ref- technologies) seem looking only at the scope of the pro- erence or starting point for the new Mr. LEVIN. Madam President, I send gram. study. Otherwise, the Pentagon bu- an amendment to the desk on behalf of The Air Force also has argued that the en- reaucrats will invent some kind of rub- Senators SIMON, CONRAD, and myself. gineering change order (ECO), award fee, and The PRESIDING OFFICER. The ber baseline. A rubber baseline would avionics software cost estimates constitute clerk will report. be a neat device for shielding the CAIG or, in the case of the software, include allow- The legislative clerk read as follows: ances for ‘‘unknown unknowns.’’ It is also from accountability. relevant that the Air Force EMD estimate is We need to make sure that the CAIG The Senator from Michigan (Mr. LEVIN), Mr. SIMON, for himself, Mr. CONRAD, and Mr. above the contractor BAFO numbers. Some uses the proper and logical point of of the award fee funds surely will be used to LEVIN, proposes an amendment numbered comparison for the F–22 cost estimate 4377. reward the contractor, however, and a fair ordered by the Committee in section portion of the ECO allowance is likely to be The amendment is as follows: 218. If we don’t insist on it, DOD will consumed fixing normal developmental prob- At the end of subtitle D of title II, add the lems. Thus, the potential amount available establish a phony baseline estimate. following: They will create a rubber baseline to for ‘‘unknown unknowns’’ is far smaller than SEC. 243. DESALTING TECHNOLOGIES. the Air Force claims. Moreover, even if the hide F–22 cost growth. (a) FINDINGS.—CONGRESS MAKES THE FOL- full amount of the ECO and award fee lines, I am sure DOD has already changed LOWING FINDINGS: and the relevant part of the avionics soft- the F–22 baseline, so we can’t follow (1) Access to scarce fresh water is likely to ware line could be counted, judged by histor- the audit trail back to the 1991 esti- be a cause of future military conflicts in the ical experience that would not be a large mate. The F–22 audit trail is probably Middle East and has a direct impact on sta- enough allowance for ‘‘unknown unknowns’’ already covered up. bility and security in the region. to provide reasonable confidence that the The CAIG should be held accountable (2) The Middle East is an area of vital and budget would not be exceeded before the end strategic importance to the United States. of the ATF EMD program. for the July 1991 F–22 cost estimate. (3) The United States has played a military Our view, in short, is that the ATF is an How good was that estimate? Where role in the Middle East, most recently in the extremely complex and challenging, and in are we today relative to that estimate? Persian Gulf War, and may likely be called those respects risky, program, while the Air Have the major programmatic assump- upon again to deter aggression in the region. Force cost estimate contains at most very tions used in the July 1991 report (4) United States troops have used modest allowances for that risk. changed? If so, how do these changes desalting technologies to guarantee the The scale of the ATF program is suggested affect the total cost of the program? availability of fresh water in past deploy- by the attached table. It appears to be by the I have developed a very minor, non- ments in the Middle East. largest tactical aircraft program the Depart- (5) Adequate, efficient, and cheap access to ment has ever undertaken. controversial amendment. My amend- high-quality fresh water will be vital to Neither we nor the Air Force would claim ment merely directs the CAIG to use maintaining their readiness and sustain- that it is possible to identify perfectly the the July 1991 report as the point of ability of United States troops, and those of entire content of an EMD effort so large and comparison for F–22 cost estimate or- our allies.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7160 CONGRESSIONAL RECORD — SENATE June 27, 1996 (b) SENSE OF SENATE.—It is the sense of the Mr. SIMON. Madam President, the however, ships are stranded on dry Senate that, as improved access to fresh Department of Defense currently con- land, literally 50 miles from the new water will be an important factor in helping ducts desalting research at the U.S. shores of the shrunken Aral Sea. prevent future conflicts in the Middle East, The list of affected countries is long. the United States should, in cooperation Army Tank-Automotive RD&E Center with its allies, promote and invest in tech- in Warren, MI. I have introduced an Mauritania is a desperately poor coun- nologies to reduce the costs of converting sa- amendment to authorize additional try right on the ocean—and yet it can line water into fresh water. funding for this research. grow only 8 percent of its food because (c) FUNDING FOR RESEARCH AND DEVELOP- Desalting technology is critical to of water shortages. Spain is facing the MENT.—Of the amounts authorized to be ap- our military. Naval troops, of course, worst drought in 100 years. Since 1992, propriated by this title, the Secretary shall depend on desalting facilities to rainfall in the south has been less than place greater emphasis on making funds produce fresh water on ships. In addi- 30 percent of average. And Algeria, Mo- available for research and development into efficient and economical processes and meth- tion, ground troops have relied on rocco, Tunishia, and Ethiopia will all ods for converting saline water into fresh desalting technologies to guarantee the soon face critical problems. water. availability of potable water in the UNICEF has warned that 35,000 chil- Mr. LEVIN. This amendment would Middle East and around the world. Ade- dren worldwide—a majority of them on encourage the Secretary of the Army quate, efficient, and cheap access to the African continent—are dying daily to place greater emphasis on making high-duality fresh water will be vital from hunger or disease caused by lack funds available for research and devel- to maintaining the readiness and sus- of water or contaminated water. Madam President, less than 1 percent opment and to have efficient and eco- tainability of those troops, and those of the Earth’s water can be used di- nomical processes and methods for con- of our allies. rectly for human consumption, or agri- verting saline water into fresh water. My amendment is very simple. It ex- Mr. CONRAD. Madam President, I presses the sense of the Senate that cultural uses. As we have to deal with rise today to express my support for an improved access to fresh water will be diminishing water resources, the only amendment to be offered by Senator an important factor in helping prevent place we can get additional water is from the ocean. Desalination can help SIMON to S. 1745, the Department of De- future conflicts in the Middle East, and fense fiscal year 1997 authorization bill. that the United States and its allies us address this problem. U.N. Secretary General Boutros This amendment directs the Secretary should promote and invest in tech- Boutros-Ghali, responding to a letter I to place greater emphasis on making nologies to reduce the costs of desali- wrote him, said: ‘‘I am particularly funds available for research and devel- nation. In addition, my amendment pleased to hear of your interest in opment into efficient and economical stipulates that the Secretary shall water issues and the legislation you processes and methods for converting place greater emphasis on making are sponsoring on research on less cost- saline water into fresh water. funds available for research and devel- ly desalination methods. As you right- Madam President, access to scarce opment in this area. ly point out, such concerns are upper- fresh water is important both nation- Madam President, this may not seem most in the minds of people in regions ally and internationally. As my col- like an issue that would be a priority where fresh water is scarce, not least league from Illinois has often pointed for a Senator from Illinois. But it af- in my own part of the world. During out, improved access to fresh water fects all of us, and it affects the future my tenure as Secretary-General, I will could be an important factor in the stability of the world. With the end of do my utmost to promote international prevention of future conflicts in the the cold war and the fear of nuclear an- cooperation regarding this most cru- Middle East. Further, the benefits de- nihilation significantly reduced, the rived from research into economical cial resource.’’ next military conflict will not likely Clearly, this is an area where we can methods of desalination have applica- be over territory or hatred, but rather work together to affect the future of tions in the United States and through- over water rights. humanity. I commend the managers of out the world. Converting the brackish This month, United Nations officials this bill for recognizing the importance water found in many watersheds into have expressed fear that wars over of desalination research and I thank water that could be utilized for pota- water could erupt in the next decade. them for their support of my amend- ble, agricultural, or industrial purposes And within the past few years, both ment. would enhance our world’s beleaguered King Hussein of Jordan and former Mr. MCCAIN. Madam President, this water supply and would assist in the Prime Minister Rabin of Israel have de- amendment has been cleared on this development of long-term water man- clared that if there is another war in side. agement plans. the Middle East, it will not be about The PRESIDING OFFICER. Without It is my hope the Secretary will di- land, it will be about water. If we can objection, the amendment is agreed to. rect the funding authorized for re- find lower cost technologies to convert The amendment (No. 4377) was agreed search and development by this amend- salt water to fresh water, we can really to. ment toward several desalination tech- make a difference. Mr. LEVIN. Madam President, I nologies in an attempt to find a The world population now stands at move to reconsider the vote by which versatile, economical, and effective approximately 5.5 billion and it is ris- the amendment was agreed to. method for converting saline water to ing. In numbers, the world’s population Mr. MCCAIN. I move to lay that mo- fresh water. For example, the Energy grows each year by an amount equal to tion on the table. and Environmental Research Center half of the current U.S. population. By The motion to lay on the table was [EERC], located at the University of the year 2050, population experts agreed to. North Dakota, has been conducting re- project a world with ten billion people. AMENDMENT NO. 4378 search into the freeze-thaw evapo- And yet, while population is rising, (Purpose: To propose an alternative to sec- ration method of separating salts and water resources are not. tion 366, relating to Department of Defense other contaminants from water. In You do not need to be an Einstein to support for sporting events) fact, EERC successfully demonstrated recognize that we are headed for prob- Mr. MCCAIN. Madam President, on this technology on oil production lems. behalf of myself and Senators HATCH, water in New Mexico and is attempting Madam President, let me give you BENNETT, and NUNN, I offer an amend- to demonstrate the effectiveness of this some examples of the global water cri- ment which would clarify the author- technology on a larger scale in a brack- ses we currently face. The Aral Sea was ity of the Department of Defense to ish watershed in North Dakota. once the fourth-largest body of fresh provide essential security and safety Technologies that appear to hold water in the world. Soviet experts had assistance to agencies responsible for much promise for converting brackish assured Khrushchev that he could di- law enforcement and safety services. water into water that can be utilized vert water going into the Aral Sea for This amendment would also require re- for potable and other purposes, such as irrigation purposes and that runoff and imbursement for nonsecurity and safe- freeze/thaw evaporation, merit further other sources would eventually replen- ty assistance provided by the Depart- research and development. I urge my ish the temporary water loss. Ship- ment of Defense to civilian sporting colleagues to support this amendment. owners were told not to worry. Now, events.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7161 The PRESIDING OFFICER. The Mr. MCCAIN. Madam President, I However, I have become increasingly clerk will report. offer an amendment to S. 1745, the Na- concerned that the Department of De- The legislative clerk read as follows: tional Defense Authorization Act for fense is being forced to provide assist- The Senator from Arizona (Mr. McCAIN), fiscal year 1997, which will clarify a ance to major sporting events which for himself, Mr. HATCH, Mr. BENNETT, and current provision in the bill regarding does little to enhance security or safe- Mr. NUNN, proposes an amendment numbered military support to civilian sporting ty. In fact, I find much of the support 4378. events. As you know, I have taken a which the Department of Defense has The amendment is as follows: particular interest in military support decided to provide for the Atlanta Strike out section 366 and insert in lieu for civilian sporting events for a num- Olympics to be disturbing. By the time thereof the following new section: ber of years. I want to ensure that any the Olympic games in Atlanta are com- SEC. 366. DEPARTMENT OF DEFENSE SUPPORT such assistance does not degrade mili- pleted, the military will have dedicated FOR SPORTING EVENTS. tary readiness, demean our men and over 13,000 military personnel and $50 (a) SECURITY AND SAFETY ASSISTANCE.—At women in uniform, and burden the million to support these activities. Al- the request of a Federal, State, or local gov- American taxpayer when the costs of though this support is being portrayed ernment agency responsible for providing supporting such events should appro- as necessary to ensure the security and law enforcement services, security services, priately fall to the sponsoring organi- safety of the international athletes and or safety services, the Secretary of Defense zation which will receive the revenues. Olympic visitors, much of the assist- may authorize the commander of a military ance appears to be little more than a installation or other facility of the Depart- The recommendation of the Senate ment of Defense or the commander of a spec- Armed Services Committee for the fis- subsidy to the Atlanta Committee on ified or unified combatant command to pro- cal year 1997 Defense Authorization the Olympic games. After all, section vide assistance for the World Cup Soccer Act, already includes a provision that 1385 of title 18, United States Code, pro- Games, the Goodwill Games, the Olympics, would grant the Department of Defense hibits the use of the military as a posse and any other civilian sporting event in sup- the authority to provide security and comitatus. This means that the 13,000 port of essential security and safety at such safety assistance to civilian sporting military personnel who will be pro- event, but only if the Attorney General cer- events such as the Olympics. This pro- viding security are prohibited from tifies that such assistance is necessary to vision also requires that any assistance acting as domestic law enforcement meet essential security and safety needs. agents. In other words, they cannot en- (b) OTHER ASSISTANCE.—The Secretary provided to the sponsoring organiza- may authorize a commander referred to in tion be reimbursed if the event results force the laws; they have no authority subsection (a) to provide assistance for a in a profit. However, there have been a to arrest or even detain individuals sporting event referred to in that subsection number of concerns raised regarding who engage in criminal activities. in support of other needs relating to such this provision. Furthermore, I would like to point event, but only— Madam President, the principal ob- out that some of the services which (1) to the extent that such needs cannot jection which I have heard raised to will be provided by military personnel reasonably be met by a source other than the the current provision is it prevents the may in fact result in increased risk to Department; the international athletes and Olympic (2) to the extent that the provision of such Department of Defense from supporting civilian law enforcement agencies in visitors. One example is the military assistance does not adversely affect the mili- personnel who will be acting as bus tary preparedness of the Armed Forces; and providing essential security services. (3) if the organization requesting such as- As long as we are discussing what is drivers for the international athletes. sistance agrees to reimburse the Department misleading or inaccurate information, While these individuals will receive for amounts expended by the Department in I would like to inform my fellow Sen- some training prior to the Olympic providing the assistance in accordance with ators that the allegations that this games, they are not professional bus the provisions of section 377 of title 10, drivers. In fact, they will be less quali- provision will prevent such service United States Code, and other applicable fied than the professional civilian bus from being provided to law enforce- provisions of law. drivers they will displace. (c) INAPPLICABILITY TO CERTAIN EVENTS.— ment agencies definitely falls into this In addition to increasing the danger Subsections (a) and (b) do not apply to the category. One only has to read chapter to the Olympic athletes, the provision following sporting events: 18 of title 10, U.S.C. to realize that the of bus drivers will negatively impact (1) Sporting events for which funds have DOD is already authorized to provide been appropriated before the date of the en- upon the small businesses which were such assistance in permanent law. The under contract to provide these serv- actment of this Act. current provision does nothing to (2) The Special Olympics. ices. Last week, I received a letter (3) The Paralympics. change this. In fact, the American Law from Robert Pounders of Motorcoach (d) TERMS AND CONDITIONS.—The Secretary Division of the Congressional Research Charters outlining how the military may require such terms and conditions in Service was asked to review this provi- personnel are displacing his company connection with the provision of assistance sion to see if there was any conflict be- and other small businesses who had under this section as the Secretary considers tween it and title 10, U.S.C. In response contracts to provide transportation necessary and appropriate to protect the in- to this question, the American Law Di- terests of the United States. services to the Olympic athletes. Last vision stated ‘‘in contrast to other month, after the congressional defense (e) REPORT ON ASSISTANCE.—Not later than statutory schemes in which conflicts January 30 of each year following a year in committees voted to provide the At- which the Secretary provides assistance may be found, little indication of con- lanta Olympics with an additional $12.2 under this section, the Secretary shall sub- flict may be discerned between section million, he received a call canceling his mit to the congressional defense committees 366 and the provisions already in title contract because these duties will be a report on the assistance provided. The re- 10.’’ In light of the truth on this mat- performed by the military. According port shall set forth— ter, I believe that it is irresponsible for to Mr. Pounders, his company will now (1) a description of the assistance provided; individuals to object to the provision suffer an estimated $160,000 loss. In his (2) the amount expended by the Depart- on these grounds. I ask that the letter ment in providing the assistance; letter he asked a very important ques- from the CRS be included in the record. tion: ‘‘Why is our tax money being used (3) if the assistance was provided under I fully understand the need to pro- subsection (a), the certification of the Attor- to take away the small business jobs ney General with respect to the assistance vide adequate security at these types that are the backbone of this nation’s under that subsection; and of events and do not advocate the pre- economy?’’ This is a valid and impor- (4) if the assistance was provided under vention of such assistance. We do not tant question that we should all ask subsection (b)— want to risk another tragedy like the ourselves whenever we are considering (A) an explanation why the assistance one that occurred at the Munich Olym- using military people for what are es- could not reasonably be met by a source pics. We cannot assume that we are sentially commercial activities. other than the Department; and safe from such incidents simply be- Madam President, I ask that Mr. (B) the amount the Department was reim- cause we live in the United States. Our bursed under that subsection. Pounders’ letter be printed in the (f) RELATIONSHIP TO OTHER LAWS.—Assist- own vulnerability to terrorists was RECORD. ance provided under this section shall be demonstrated by the bombings of the There being no objection, the mate- subject to the provisions of sections 375 and World Trade Center in New York and rial was ordered to be printed in the 376 of title 10, United States Code. the Federal building in Oklahoma City. RECORD, as follows:

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7162 CONGRESSIONAL RECORD — SENATE June 27, 1996 MOTORCOACH CHARTERS audacity to ask us to train their men to am disappointed these supporters AND WINNING TOURS, drive in less than thirty days. claim that it is appropriate for the De- Richmond, VA, May 17, 1996. We are now seeking to institute a lawsuit partment to provide such assistance. I Hon. JOHN MCCAIN, in order to recover the hundreds of thou- believe it is an outrage that fine young U.S. Senate, sands of dollars we will loose since we are Washington, DC. unable to re-book our equipment at this late Americans, who dedicate their lives to DEAR SENATOR MCCAIN: Eleven months ago date and our drivers are without work. the protection of this Nation, should be we contracted all of our motorcoaches for It is no wonder that we can’t have a bal- forced to perform tasks such as chauf- use at the Olympic games in Atlanta, to a anced budget when Congress keeps killing all feuring international athletes and wa- professional motorcoach broker working the geese that lay the golden eggs. tering artificial turf on field-hockey closely with the Atlanta Committee on the Sincerely, fields. I also believe that it is inappro- Olympic Games (ACOG). We agreed that we ROBERT R. POUNDERS, priate to dedicate scarce defense re- would commit our entire fleet of 14 President. sources on these activities unless such motorcoaches for this event and the broker Mr. MCCAIN. Madam President, some support cannot be obtained from an- sent us a small good faith deposit. people have alleged that the assistance We just received a telephone call from the other source. broker canceling all of our equipment since which the military personnel will pro- Although there is supposed to be a ACOG has decided to use school buses with vide will enhance their capabilities and reimbursement for some of the assist- military drivers supplied by the Department training. In the case of the bus drivers, ance being provided in Atlanta, there is of Defense. I would argue that the opposite is true. no guarantee. We have already seen For 11 months we have turned down busi- The individuals who will have to be ACOG renege on $2.8 million worth of ness since our fleet was committed to the trained in order to perform this mis- support they had originally agreed to Atlanta event. We promised our employees sion are not military bus drivers. work and got them to commit to the Atlanta provide to the military. In one case, games and now we have nothing for them. Therefore, I believe that we would be ACOG had originally agreed to feed the Not only do we have an irate work force, but hard pressed to demonstrate that driv- military personnel who are providing we have a severe financial loss just 60 days ing busses will improve the skills nec- the assistance. However, while ACOG is before our fleet was to be in Atlanta. At this essary for the true military mission of continuing to provide food for the point it appears our employees and our ex- these personnel. In fact, I believe that other Olympic volunteers, they are pensive motorcoach equipment will be sit- it would be far easier to demonstrate now charging the Department of De- ting home while the government plays its that such assistance degrades military fense for the meals that will be served own games with our tax money and liveli- capabilities because valuable and hood. to the military personnel. In addition, I want answers to the following: scarce training time is being wasted although it has been reported that 1. How does the government justify the use performing menial tasks. ACOG has reimbursed the Department of military drivers, donated by the Depart- In my opinion, this one example of Defense for the provision of barges ment of Defense, to drive school buses in lieu highlights how military assistance to at the yachting events, this only in- of all the coaches that were contracted from these sporting events, if taken too far, cludes $39,750 for the repair of the private enterprises 11 months ago? can result in decreased safety, nega- barges. There is another cost of $9,247 2. Why is our tax money being used to take tively impacts upon small businesses, away the small business jobs that are the for the towing of the barges to the backbone of this nation’s economy? and potentially degrades military read- event location which was absorbed by 3. What is the Department of Defense ‘‘de- iness. How many accidents will we see the Department of Defense. fending’’ with the use of 1000 soldier drivers as a result of this decision? How many Madam President, this is another ex- at the Olympic games—ACOGs bottom line? small businesses are we intending to ample of the misleading information 4. Most importantly, how do you think all displace? How many military units will which is being spread about the assist- this will sit with the voters when we release suffer a degradation in their readiness ance which the Department of Defense this story to the TV networks ‘‘20/20’’, in order to provide services which have ‘‘Dateline’’, and ‘‘Primetime’’? This is ex- is providing to the Atlanta Olympics. actly what they are looking for in their pur- nothing to do with security or safety? Earlier, we heard one member state suit to expose what is really going on in These questions may only be an- that DOD would be reimbursed for all Washington. swered after the Olympic games in At- nonsecurity and safety assistance. The government takes away our jobs, lanta have concluded. I believe that it However, here is a clear example of takes away our business, gives $50 million to is the responsibility of the Department nonsecurity, nonsafety assistance, a sporting event and then expects us to pay of Defense and the Congress of the which will not be reimbursed. I believe the bill with the money they took away from United States to review any negative that when we talk about the $39,750 us. affects of this assistance, and to take Your response to each of the above ques- that will be reimbursed, we should also tions by the numbers would be most appre- whatever corrective action is necessary discuss the $9,247 that will not be reim- ciated. My colleagues and I anxiously await to ensure that there is not a repetition bursed; just to ensure that we are not your reply. of such negative affects in the future. providing misleading information. Sincerely, Madam President, the bus drivers are Madam President, I believe that it is ROBERT R. POUNDERS, only one example of the support we are also important to discuss the fact that President. asking the military to provide in the Federal tax dollars, including funds name of ‘‘security and safety.’’ I be- provided to the DOD, were used to send WINN, lieve that we can only consider assist- Richmond, VA, June 10, 1996. 9 State and local officials to the 1993 Senator JOHN MCCAIN, ance such as this to be security and Presidential Inauguration. Although, U.S. Senate, safety if we use the broadest defini- this has been portrayed as ‘‘a unique Washington, DC. tions of those words. In fact, we may opportunity to study and synthesize DEAR SENATOR: The following information have to actually redefine those words the security planning and preparation is a follow up to my letter to you on May 17, in order to make some of this assist- of the Secret Service,’’ I am personally 1996, regarding the use of the military to ance fit within the definition. skeptical and asked the Department of drive buses at the Atlanta Olympics. In addition to the bus drivers, we On or about June 5, 1996, I received a tele- Defense to provide more detail regard- phone call from a Lieutenant Commander have heard about the watering of arti- ing the activities of these individuals Rusty White in Norfolk, Virginia (804–322– ficial turf on the hockey field which is during this time, including the cost of 5169). He was asking us to quote on a train- now being portrayed as fire safety; the each of these activities. Unfortunately, ing program for sailors under the U.S. Atlan- purchase of the Olympic dining facil- the response I received was that the tic Command. The program entailed training ity; and the provision of the barges for Army is ‘‘unable to explain decisions 50 military men to drive buses for the Olym- the Olympic yachting events. Further- made before the Secretary of the Army pics. They wanted the men fully trained and more, some military personnel will be was designated Executive Agent.’’ I pass their Commercial Drivers License test used to perform what one military offi- by June 30, 1996. guess they were unable to pick up the To add insult to injury, the government cer has referred to as menial labor. I phone and call other entities in the De- first gives the Olympic Committee military am gratified that the supporters of this partment of Defense. drivers and I lose my contract to perform assistance are not claiming that all of Madam President, an issue which fur- this service. Then the government has the this is security and safety. However, I ther aggravates me is the way in which

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7163 the Atlanta Committee on the Olympic what he wanted from the City—no more, no have been raised regarding misleading Games is treating the very military less. I did not ask for any written confirma- or inaccurate information. One of these from which it asks so much. Recently I tion of Mr. Snow’s comments. As a matter of issues was the State of Georgia waiving received a letter from Mr. Tom fact, the meeting resulted in a letter which the fees for military personnel to ob- was requested by Mr. Snow to be written by Roskelly of Annapolis, MD. According Mayor Alfred A. Hopkins. tain a commercial drivers license. It to Mr. Roskelly, last year he met with If I can be of any further assistance in this was stated that Georgia has agreed to a Mr. Charles Snow who is the advance matter, please do not hesitate to call on me. waive all of the fees associated with manager for the Atlanta Committee for My Annapolis telephone is (410) 263–1183; the cost of obtaining such a license, if the Olympic Games in region 5. The FAX (410) 263–8120; E-mail: the license is going to a military indi- purpose of this meeting was to discuss [email protected] vidual residing in the State of Georgia. preliminary plans for the Olympic Sincerely, As the member is aware, this was not Torch Run through Annapolis. At this THOMAS W. ROSKELLY, always the case, and it was only after Public Information Officer. meeting, Mr. Roskelly suggested that members of the Senate raised the issue the Olympic Torch be carried through Mr. MCCAIN. Madam President, an- that such an agreement was obtained. the grounds of the Naval Academy be- other objection which has been raised In addition, while I am gratified that cause it would serve to honor Academy to the current provision is the require- DOD will incur no cost for the 358 indi- graduates who have participated in ment that the sponsoring organization viduals to whom this waiver will apply, past Olympic Games; it would provide reimburse the Department of Defense I am disappointed that the DOD will a very scenic route through which to for its support if, I repeat if, the event incur such costs for the other 700 indi- carry the torch; and it would reduce results in a profit for that organiza- viduals. the amount of city streets which must tion. Although it is certainly possible I would also like to address the issue be closed down to accommodate the that some events may not realize a of the military personnel who are con- torch run. Although these are all very profit, this is certainly not the rule as tributing to the watering of artificial good arguments for carrying the torch was demonstrated by the $222 million turf on the field hockey fields. This is through the Naval Academy, Mr. Snow made at the Los Angeles Olympics. true and everyone is fully aware of the curtly informed Mr. Roskelly that the Some argue that the accounting pro- facts. The fact that these 25 military Olympic Torch would not be allowed to cedures necessary for determining if a personnel will only operate the equip- travel through any active military in- profit is made would be a nightmare. I ment that provides the water to the stallations. I guess they are afraid of personally cannot imagine any major distribution system in no way dimin- militarizing the Olympics. event, such as the Olympics, where the ishes the fact that they are being used Madam President, I ask that Mr. officials responsible for the manage- to provide the water for this artificial Roskelly’s letter be printed in the ment of the event would not already turf. Calling this assistance fire safety RECORD. keep track of the revenues and expend- is only an example of the broad defini- There being no objection, the mate- itures. Perhaps it is simply that some tion which has been applied to the rial was ordered to be printed in the members of the sponsoring organiza- words security and safety in order to RECORD, as follows: tions, such as the International Olym- justify the provision of such assistance. CITY OF ANNAPOLIS, pic Committee, would object to return- Another issue which was raised was Annapolis, MD, June 4, 1996. ing some of the profits of the American that allegations have been raised that Hon. JOHN S. MCCAIN, taxpayers. However, I believe that it is military personnel will wash ACOG ve- U.S. Senate, far more appropriate to return these Washington, DC. hicles. I personally have raised that DEAR SENATOR MCCAIN: Mr. Charles Snow, funds to the citizens of the United issue based on the information which Advance Manager, Region V, Atlanta Com- States rather than using them to sup- was provided to me and my staff by the mittee for the Olympic Games (ACOG) met port the luxurious lifestyles of Olympic General Accounting Office which was with me and several members of the United officials. One only has to read a recent looking into the issue of what assist- Way of Central Maryland on July 20, 1995 to article in the Washington Post to see ance the military was providing to the discuss preliminary plans for the Olympic how these funds are currently ex- Atlanta Olympics. Subsequent infor- Torch Run through Maryland’s Capital City pended. on June 20, 1996. mation was provided retracting this in- At that meeting, I made several sugges- Furthermore, I would like to point to formation and neither I, nor anyone tions to Mr. Snow including a routing chapter 18 of title 10, United States else that I am aware of, has used it through the United States Naval Academy Code, which currently outlines the au- since. for what I considered several very cogent thority for the Department of Defense Madam President, I would like to reasons: to support domestic law enforcement thank the members of the Armed Serv- 1. It would serve as a salute to the USNA agencies. This chapter contains a num- ices Committee for supporting the cur- alumni who have participated in past Olym- ber of provisions which already provide pic Games. rent provision in the committee’s rec- 2. It would provide a very photogenic route the Department of Defense with the au- ommendation of this bill. I believe that through a registered National Historic Land- thority to support law enforcement this provision would go a long way to- mark. agencies if such assistance is requested ward protecting the interests of the 3. It would reduce the amount of City I would like to draw everyone’s atten- American taxpayers. streets which must be closed down to accom- tion to section 377 of that chapter However, in order to satisfy the con- modate the torch run (in a City where traffic which requires the civilian law enforce- and parking are always considered to be cerns of those individuals who believe problems). ment agencies to reimburse the De- that the current provision would re- I was curtly informed by Mr. Snow that partment of Defense for the assistance strict the Department of Defense from the Olympic Torch would not be allowed to which the DOD provides. providing essential security and safety. travel through any active military Should we not also require private I am sponsoring this amendment which installation> Although I reminded Mr. Snow organizations to reimburse the Depart- would clarify the DOD’s authority to that the Naval Academy is an ‘‘open base’’ ment? This was not the belief of the provide such assistance. Before such and considered to be one of the foremost vis- Congress and the President when Pub- assistance could be provided, it would itor attractions in Maryland, he insisted that the prohibition would not allow a lic Law 94–427 was passed. This law in- have to be requested by a civilian offi- change in the routing of the torch run. cluded a provision which required ‘‘all cial responsible for security or safety, As a corollary matter, I also suggested yet revenues generated by the Olympic and the Attorney General of the United another photographic opportunity involving winter games in excess of actual costs States would have to certify that it is the Governor of the State of Maryland and shall revert to the Treasury of the necessary to meet essential security the venue of the Maryland Statehouse (the United States in an amount not to ex- and safety needs. oldest statehouse in continuous legislative ceed the total amount of funds appro- Madam President, this amendment use in the United States). Mr. Snow informed priated under the authority of section 9 would also allow the Department to me that the torch cannot be touched by any elected official. of this Act.’’ provide other assistance to sporting After being rebuffed with my suggestions, I Madam President, I would like to ad- events so long as such assistance can- decided to sit back and let Mr. Snow tell me dress some of the other issues which not be reasonably provided by a source

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7164 CONGRESSIONAL RECORD — SENATE June 27, 1996 other than the Department of Defense. as foreign visitors, could attend with First, the United States is setting a In addition, the organization request- an optimal sense of security. We are new American security standard which, ing this assistance must agree to reim- not just talking about high-visibility I believe, is necessary. burse the Department of Defense for Olympic events, but other mass sport- This standard is rooted in the the full costs to the Department of pro- ing activities which draw international Antiterrorism and Effective Death attention—and, therefore, terrorist in- viding this assistance, including the Penalty Act, which passed this body by personnel costs of any military individ- terest—like super bowls, goodwill and a 91 to 8 vote, and was signed into law uals involved in providing the assist- Pan-American games, special and by President Clinton last month. The ance. paralympics, and world cups, among Furthermore, no assistance can be others. spirit of that law is embodied in this provided if that assistance would result I, particularly, want to thank my amendment: That our commitment to in a degradation of military readiness friend and colleague from Utah, Sen- security has no partisan fences. or capability. This means that scarce ator BENNETT. His input and initiative All future major sporting events will training time could not be used pro- on this issue were key. enjoy the best security arrangements viding assistance which does little to The amendment we are adopting to this country can bring forward. In Ju- this bill today reinforces the message enhance the military capabilities of diciary Committee hearings on June 11, sent by my good friend and ranking mi- our men and women in uniform. Re- Israeli antiterrorism expert, Prof. Ariel nority member of the Judiciary Com- servists who spend only a few short Mercari of Tel Aviv University, warned weeks each year preparing for combat, mittee, Senator BIDEN, who, in a June 11 hearing on Olympic security, warned that terrorists seek out mass events to could not forgo this training in order convey an ugly political message. to observe pedestrians crossing the prospective purveyors of harm to the This amendment facilitates coopera- streets or driving buses. This require- Atlanta games, not even to think tion between law enforcement officials ment will help to ensure that whatever about it. In fact, as we have learned from the and DOD, and creates a strong security level of assistance is provided, it is not Judiciary Committee hearing, as well provided at the cost of military readi- deterrent for such games as the At- as a recent CNN series on Olympic se- lanta and Salt Lake Olympics, the ness. curity, unprecedented security and The amendment would also require World Masters games in Portland, and safety capabilities are being put in the Department of Defense to provide the Goodwill games in New York City, place. In a few words, Madam Presi- the congressional defense committees both in 1998, and the Special Olympics dent, we have taken every imaginable with a report each year after such as- to be held in Raleigh, in 1999, as well as precaution to ensure the security and sistance is provided. This report would the 1999 Women’s World Cup, for which safety of the 2 million visitors, 40,000 set forth a description of the assistance such cities as Boston, Orlando, Miami, provided; the amount expended by the other members of the Olympic family, Birmingham, Washington, and Pasa- Department in providing the assist- visiting dignitaries from more than 190 dena are likely to compete this year. countries, and the Atlanta community. ance; and other important information. As the Olympic torch winds its way Second, the amendment fosters the This would allow the Congress to close- across country, and having just seen it type of systematic, coordinated and ly monitor the assistance provided pur- pass through the streets of Washington comprehensive effort needed across the suant to this provision to ensure that to the White House lawn, we have seen entire law enforcement, security, and such assistance is being provided in an an outpouring of public support for the safety community to control all forms appropriate manner. summer games that is both refreshing Madam President, I ask that the of terrorism, whether they originate and exciting. The Olympic flame en- Members of the Senate vote to support from domestic or international courages all of us to focus on team- sources. this provision which clarifies the De- work and competition instead of con- By inserting a requirement for the partment’s authority to assist civilian flict and strife. law enforcement agencies, protects the I urge you to listen to composer and Attorney General to validate all essen- interests of the American taxpayers, Maestro John Williams’ rendition of tial security requests from Federal, and preserves military readiness. the Atlanta Olympic games’ musical State, and local officials, DOD support OLYMPIC SECURITY theme: Summon the Heroes. It is a will be entirely consistent with current Mr. HATCH. Madam President, the rousing, patriotic musical restatement law regarding the use of military per- amendment rationalizes section 366, of our national pride. It’s already a hit sonnel and equipment. which provides for Defense Department with the summer Boston Pops’ Espla- Third, the amendment provides an support for major sporting events nade Concert series. Nothing, Madam unprecedented capability to deal with hosted in the United States. President, I repeat nothing, should de- modern security threats. Since the DOD authorization bill for rail what could be the greatest Olym- The memory of the Munich massacre fiscal year 1997 was reported from the pic event in modern history. In fact, I Armed Services Committee last month, believe that our country should give was a common thread in the drafting of there has been much attention given to nothing less to the world. this amendment. The United States the need to create a strong terrorism The Atlanta games are also Amer- commitments to several international deterrent at the forthcoming Olympic ica’s games, said Vice President GORE conventions and treaties, calling for games in Atlanta. on May 14, 1996. He added that the Fed- the protection of athletes and other I appreciate the concerns expressed eral Government must run the only leg foreign visitors, have been codified into and raised by my good friend, Senator that it can: Assuring security. law at title 18, United States Code, sec- MCCAIN, and deeply respected his views Madam President, of course, the tions 112(f), 1116(d) and 1201(f). These throughout this process, although we Olympic spirit could be extinguished in statutes have been strengthened, the disagreed on the language that was in- a second should an individual or group net effect of which is the creation of a corporated into the committee re- decide to turn international attention deterrent to terrorism and other crimi- ported version of this bill. But, because to a radical cause. It is incumbent on nal behavior so potent that only the we shared the same goal, it was only a us to take steps to prevent such a ca- most reckless persons would risk matter of agreeing upon the means to lamity. And, it is a possibility that is wrongdoing—but it is this type of ac- that end, which this amendment rep- all too real given the tragic incident at tivity that we are nonetheless prepared resents. the 1972 Olympic games. to prevent. I, especially, want to thank Senators This amendment will contribute con- NUNN, BREAUX, CRAIG, COVERDELL, and structively to this colossal security The changing nature of terrorism MOSELEY-BRAUN; they were leaders and safety effort. I will deal categori- compels this amendment. As the Jus- among the nearly 65 Senators who cally with the two important topics of tice Department and FBI witnesses joined in the effort to make certain this amendment: Security and finan- warned us at our June 11 Judiciary that the Atlanta Olympic games—and cial considerations. hearing: it is a changing world, secu- all other future sporting events held in There are four points this amend- rity arrangements made for Los Ange- this country—would be events that all ment makes regarding essential secu- les are simply insufficient for Atlanta. spectators, American citizens as well rity and safety: Atlanta is unique. The needs cannot be

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7165 met by the total law enforcement com- ture. I found that we all had an inter- Mr. MCCAIN. Madam President, I be- munity in the State of Georgia. est in safety and ensuring that govern- lieve this amendment has been cleared The fourth security need addressed ment resources are spent wisely. by the other side. by the amendment clarifies the collec- Because Salt Lake City, UT, has been Mr. LEVIN. The amendment has, in- tion of Federal statutes that embody chosen to host the 2002 winter Olympic deed, been cleared on this side. the legal basis for DOD support. games, I have more than a passing in- Mr. MCCAIN. Madam President, I Public safety remains a govern- terest in ensuring that everyone at- urge the Senate adopt this amendment. mental responsibility. The amendment tending the Olympics can do so feeling The PRESIDING OFFICER. Without avoids the risk of abdicating security confident of their safety. I believe visi- objection, the amendment is agreed to. The amendment (No. 4378) was agreed to a private organization which could tors can have that confidence in At- to. be obligated to pay for essential secu- lanta, and I want that to be the case in rity and safety support. In such an Mr. LEVIN. Madam President, I Salt Lake City. Federal expertise and move to reconsider the vote by which event, the temptation to cut corners is assistance is invaluable to ensuring too great. This was a fear expressed by the amendment was agreed to. public safety in such circumstances. Mr. MCCAIN. I move to lay that mo- the Justice Department. The Department of Defense also has tion on the table. Limitations on the use of military unique capabilities that have proven The motion to lay on the table was personnel and equipment for sporting very useful in supporting an event of agreed to. event support are brought into con- this size. AMENDMENT NO. 4379 formance with existing laws. Most no- Senator MCCAIN is known for his vig- (Purpose: To provide for the payment by the tably, the posse comitatus statutes, ilance in ensuring tax dollars are spent Department of Energy of costs of operating found at sections 375 to 377 of title 10, wisely, especially in the Department of and maintaining the infrastructure of the United States Code, are applied with Defense. As the chairman of the Readi- Nevada Test Side, Nevada, with respect to full force. Military preparedness will ness Subcommittee, and as one whose activities of the Department of Defense at not be sacrificed, and the restrictions family has a long history of military the site) on military personnel performing such service to this country, I understand Mr. LEVIN. Madam President, I send law enforcement activities as search, his concern. I share his belief that DOD an amendment to the desk on behalf of Senator REID and ask for its immediate seizure and arrest are explicitly ap- resources must be used very carefully, consideration. plied. whether it is for a new weapon system The PRESIDING OFFICER. The Madam President, let me now turn to or providing Olympic security. the parallel concern of many members clerk will report. This amendment will continue to of Congress and citizens: the appro- The legislative clerk read as follows: permit the Department of Defense to priate use of military personnel. We all The Senator from Michigan [Mr. LEVIN], assist government entities responsible honor the service of our military peo- for Mr. REID, proposes an amendment num- for safety and security with essential ple. They should not be conscripted bered 4379. security needs. This assistance is abso- into service as servants, chauffeurs, The amendment is as follows: lutely necessary to adequately address launderers, waiters and waitresses, and At the end of subtitle C of title XXXI, add the threats to any large international other demeaning uses—and they as- the following: sporting event in today’s environment. suredly will not. This type of misuse of SEC. 3138. PAYMENT OF COSTS OF OPERATION In addition, it will make DOD’s non- AND MAINTENANCE OF INFRA- our armed forces has been averted by a security capabilities available, as they STRUCTURE AT NEVADA TEST SITE. rigorous requirement that services, Notwithstanding any other provision of have been in the past, if the DOD costs other than essential security and safe- law and effective as of September 30, 1996, of providing that assistance is reim- ty, be agreed to by the Secretary of De- the costs associated with operating and bursed. This would permit the current fense, and where agreed upon, be sub- maintaining the infrastructure at the Ne- practice of making available surplus or ject to reimbursement in accordance vada Test Site, Nevada, with respect to any unused equipment that is sitting in a activities initiated at the site that date by with section 377 of title 10. warehouse on loan. The Department of the Department of Defense pursuant to a Lastly, Madam President, the amend- work for others agreement may be paid for ment avoids last-minute rule changes Defense will also be required to report to Congress, outlining the assistance from funds authorized to be appropriated to that could have totally disrupted the Department of Energy for activities at that has been provided. Olympic host entity planning by cre- the Nevada Test Site. ating financial obligations that were It is my hope that this amendment Mr. REID. Madam President, the De- unforeseen, such as the reimbursement strikes an appropriate balance between partment of Energy, as of September for essential security and safety, and accountability and flexibility when 30, 1997, is authorized to apply stock- that could have spelled financial ruin Federal assistance is needed. Again, I pile stewardship funds to infrastruc- and organizational chaos for an event. thank Senator MCCAIN for his willing- ture costs of the Nevada Test Site asso- Madam President, I encourage the ness to work with us. I would also like ciated with new Department of Defense members of this Chamber to provide to thank my colleague Senator HATCH programs at the site. the same hearty endorsement of this for his work on this amendment. He is Presently, there are significant De- amendment that they gave to the re- very aware of the terrorist threat, and partment of Defense programs at the cent antiterrorism bill. An over- is committed to providing a secure en- Nevada Test Site because of its unique whelming vote of support will convey a vironment for our citizens, athletes, capabilities to meet these programs’ message to the entire world that the and international guests. objectives. The Department of Defense United States intends to honor, fulfill We are on the eve of another Olym- chooses to operate at the Nevada Test and vigorously prosecute its respon- pics coming to the United States. I re- Site because of its unique, one-of-a- sibilities as a global leader in the cru- iterate my support for Atlanta. I know kind capabilities and because the Test sade against threats. this has been a long road and I wish to Site offers a more cost-effective option Again, my thanks to my colleagues thank my colleagues from Georgia, for program execution. These benefits for their assistance and support of this Senator NUNN and Senator COVERDELL. are wholly appropriate reasons for a amendment. They have provided a valuable perspec- Department of Defense program to Mr. BENNETT. Madam President, I tive and given me a glimpse of the choose to operate at a Department of rise to support the amendment that magnitude of this event, and the ef- Energy site. modifies section 366 dealing with DOD forts that have been made to bring the The Nevada Test Site has a con- assistance to civilian sporting events. I Olympics to the United States. tinuing and overriding mission to as- thank Senator MCCAIN for his willing- As the world gathers to watch the sure the safety and reliability of the ness to work with both Senator HATCH best of the best compete in the spirit of U.S. stockpile that requires meeting and me in crafting language that clari- good will, I extend my best wishes to most of the facility infrastructure ex- fies the manner in which the Depart- Atlanta. May the games enjoy every penses. ment of Defense can provide security success. It is an honor to have the This authorization expands the op- to civilian sporting events in the fu- games here. portunities for cost-effective execution

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7166 CONGRESSIONAL RECORD — SENATE June 27, 1996 of Department of Defense programs at counter to United States national security The amendment (No. 4380) was agreed the Nevada Test Site by providing a fa- or foreign policy interests may enhance the to. cility charge policy similar to that im- military capabilities of those countries, par- Mr. MCCAIN. I move to reconsider plemented at Defense Department fa- ticularly their ability to design, develop, the vote. test, produce, stockpile, use, and deliver nu- cilities. clear, chemical, and biological weapons, mis- Mr. LEVIN. I move to lay that mo- In addition to cost savings opportuni- sile delivery systems, and other significant tion on the table. ties, this authorization benefits the military capabilities. This enhancement The motion to lay on the table was mandated Test Readiness Program. threatens the security of the United States agreed to. Test Readiness requires trained teams and its allies. The availability to countries AMENDMENT NO. 4381 of technicians, drillers, riggers, geolo- and end users of items that contribute to (Purpose: To attach conditions and limita- gists, meteorologists, operations safety military capabilities or the proliferation of tions to the provision of support for Mex- specialists, and so forth. These experts weapons of mass destruction is a funda- ico for counter-drug activities) mental concern of the United States and Mr. MCCAIN. Madam President, on must exercise their skills to assure a should be eliminated through deterrence, ne- high level of proficiency at all times. A gotiations, and other appropriate means behalf of Senator HELMS, I offer an healthy and diverse set of operational whenever possible. amendment. requirements such as derives from (4) The national security of the United The PRESIDING OFFICER. The many Department of Defense programs States depends not only on wise foreign poli- clerk will report. would assure productive activity that cies and a strong defense, but also a vibrant The legislative clerk read as follows: increases the proficiency and readiness national economy. To be truly effective, ex- The Senator from Arizona [Mr. MCCAIN], of these teams. port controls should be applied uniformly by for Mr. HELMS, proposes an amendment num- all suppliers. bered 4381. Mr. LEVIN. Madam President, this (5) On November 5, 1995, President William amendment authorizes but does not re- J. Clinton extended Executive Order No. The amendment is as follows: quire the DOE to pay for infrastructure 12938 regarding ‘‘Weapons of Mass Destruc- In section 1031(a), strike out ‘‘The Sec- costs at the Nevada test site beginning tion’’, and ‘‘declared a national emergency retary of Defense’’ and insert in lieu thereof in FY 1997 from stockpile stewardship with respect to the unusual and extraor- ‘‘Subject to subsections (e) and (f), the Sec- dinary threat to the national security, for- retary of Defense’’. funds. At the end of section 1031, add the fol- eign policy, and economy of the United Mr. MCCAIN. Madam President, the lowing: States posed by the proliferation of nuclear, amendment has been cleared on this (e) LIMITATIONS.—(1) The Secretary may biological, and chemical weapons and the not obligate or expend funds to provide sup- side. means of delivering such weapons’’. port under this section until 15 days after The PRESIDING OFFICER. Without (6) A successor regime to COCOM (the Co- the date on which the Secretary submits to objection, the amendment is agreed to. ordinating Commission on Multilateral Con- the committees referred to in paragraph (3) The amendment (No. 4379) was agreed trols) has not been established. Currently, the certification described in paragraph (2). each nation is determining independently to. (2) The certification referred to in para- which dual-use military items, if any, will be Mr. MCCAIN. Madam President, I graph (1) is a written certification of the fol- controlled for export. move to reconsider the vote. lowing: (7) The United States should play a leading Mr. LEVIN. I move to lay that mo- (A) That the provision of support under role in promoting transparency and responsi- tion on the table. this section will not adversely affect the bility with regard to the transfers of sen- military preparedness of the United States The motion to lay on the table was sitive dual-use goods and technologies. Armed Forces. agreed to. (b) SENSE OF SENATE.—It is the sense of the (B) That the equipment and materiel pro- AMENDMENT NO. 4380 Senate that— vided as support will be used only by officials (1) establishing an international export (Purpose: To express the sense of the Senate and employees of the Government of Mexico control regime, empowered to control ex- concerning export controls) who have undergone a background check by ports of dual-use technology, is critically Mr. MCCAIN. Madam President, on that government. important and should become a top priority behalf Senator KYL, I offer an amend- (C) That the Government of Mexico has for the United States; and certified to the Secretary that— ment that would express the sense of (2) the United States should strongly en- the Senate. (i) the equipment and materiel provided as courage its allies and friends to— support will be used only by the officials and The PRESIDING OFFICER. The (A) adopt a commodity control list which employees referred to in subparagraph (B); clerk will report. governs the same or similar items as are (ii) none of the equipment or materiel will The legislative clerk read as follows: controlled by the United States Commodity be transferred (by sale, gift, or otherwise) to Control list; The Senator from Arizona [Mr. MCCAIN], any person or entity not authorized by the (B) strengthen enforcement activities; and for Mr. KYL, for himself and Mr. BINGAMAN, United States to receive the equipment or (C) explore the use of unilateral export proposes an amendment numbered 4380. materiel; and controls where the possibility exists that an The amendment is as follows: (iii) the equipment and materiel will be export could contribute to proliferation. used only for the purposes intended by the At the end of subtitle D of title X add the Mr. MCCAIN. This amendment would United States Government. following: express the sense of the Senate that it (D) That the Government of Mexico has SEC. 1044. SENSE OF THE SENATE CONCERNING is critically important, and should be a implemented, to the satisfaction of the Sec- EXPORT CONTROLS. top priority, for the United States to retary, a system that will provide an ac- (a) FINDINGS.—The Senate makes the fol- counting and inventory of the equipment and lowing findings: establish an international export con- materiel provided as support. (1) Export controls are a part of a com- trol regime empowered to control ex- (E) That the departments, agencies, and in- prehensive response to national security ports of dual-use technologies; encour- strumentalities of the Government of Mexico threats. United States exports should be re- age our allies and friends to adopt a will grant United States Government per- stricted where those threats exist to na- commodity control list which is simi- sonnel unrestricted access to any of the tional security, nonproliferation, and foreign lar to the U.S. commodity control List; equipment or materiel provided as support, policy interests of the United States. strengthen enforcement activities; and, or to any of the records relating to such (2) The export of certain commodities and use unilateral export controls in the equipment or materiel, under terms and con- technology may adversely affect the na- ditions similar to the terms and conditions tional security and foreign policy of the case of exports which could contribute imposed with respect to such access under United States by making a significant con- to the proliferation of weapons of mass section 505(a)(3) of the Foreign Assistance tribution to the military potential of indi- destruction. Act of 1961 (22 U.S.C. 2314(a)(3)). vidual countries or by disseminating the ca- Madam President, I believe this (F) That the Government of Mexico will pability to design, develop, test, produce, amendment has been cleared by the provide security with respect to the equip- stockpile, or use weapons of mass destruc- other side. ment and materiel provided as support that tion, missile delivery systems, and other sig- Mr. LEVIN. The amendment has, in- is equivalent to the security that the United nificant military capabilities. Therefore, the deed, been cleared. States Government would provide with re- administration of export controls should em- spect to such equipment and materiel. phasize the control of these exports. Mr. MCCAIN. I urge the Senate adopt (G) That the Government of Mexico will (3) The acquisition of sensitive commod- this amendment. permit continuous observation and review by ities and technologies by those countries and The PRESIDING OFFICER. Without United States Government personnel of the end users whose actions or policies run objection, the amendment is agreed to. use of the equipment and materiel provided

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7167 as support under terms and conditions simi- The PRESIDING OFFICER. The creases criminal penalties that can be lar to the terms and conditions imposed with clerk will report. applied to large-scale methamphet- respect to such observation and review under The legislative clerk read as follows: amine manufacturers in our Nation; re- section 505(a)(3) of the Foreign Assistance The Senator from Michigan [Mr. LEVIN], stricts access to the precursor chemi- Act of 1961 (22 U.S.C. 2314(a)(3)). for Mrs. FEINSTEIN, for herself, Mr. Kyl, and (3) The committees referred to in this para- cals used in mass quantities to produce Mr. GRASSLEY, proposes an amendment num- graph are the following: methamphetamine; and, increases the (A) The Committees on Armed Services bered 4382. penalties for possession of controlled and Foreign Relations of the Senate. The amendment is as follows: chemicals or specialized equipment (B) The Committees on National Security At the end of subtitle F of title X, add the used to make methamphetamine and International Relations of the House of following: This legislation also adds the chemi- Representatives. SEC. 1072. SALE OF CHEMICALS USED TO MANU- cals used to make methamphetamine— (f) PROHIBITION ON PROVISION OF CERTAIN FACTURE CONTROLLED SUB- iodine, red phosphorous, and hydro- MILITARY EQUIPMENT.—The Secretary may STANCES BY FEDERAL DEPART- not provide as support under this section— MENTS OR AGENCIES. chloric gas—to the Chemical Diversion (1) any article of military equipment for A Federal department or agency may not and Trafficking Act. which special export controls are warranted sell from the stocks of the department or You can, therefore, see how an un- because of the substantial military utility or agency any chemical which, as determined checked sale of 450,000 pounds of iodine capability of such equipment; by the Administrator of the Drug Enforce- could add to the huge problem we al- (2) any military equipment identified on ment Agency, could be used in the manufac- ready have. the United States Munitions List; or ture of a controlled substance as defined in I have a particular interest in this (3) any of the following military equipment section 102 of the Controlled Substances Act issue because of the ravaging effects it (whether or not the equipment has been (21 U.S.C. 802) unless the Administrator cer- is having on my State and on other equipped, re-equipped, or modified for mili- tifies in writing to the head of the depart- tary operations): ment or agency that there is no reasonable States in the Southwest. (A) Cargo aircraft bearing ‘‘C’’ designa- cause to believe that the sale of the chemical Let me explain how serious this prob- tions, including aircraft with designations C– would result in the illegal manufacture of a lem is today: 45 through C–125, C–131 aircraft, and aircraft controlled substance. Methamphetamine has been around bearing ‘‘C’’ designations that use recipro- Mrs. FEINSTEIN. Madam President, for a long time. But what was once a cating engines. I am, along with Senators KYL and relatively small-scale drug operation (B) Trainer aircraft bearing ‘‘T’’ designa- run by American motorcycle gangs, tions, including aircraft bearing such des- GRASSLEY, proposing an amendment to ignations that use reciprocating engines or the DOD authorization bill that will has now been taken over by the Mexi- turboprop engines delivering less than 600 stop the Government from inadvert- can drug cartels and, according to horsepower. ently contributing to the manufacture DEA, is now a multibillion dollar in- (C) Utility aircraft bearing ‘‘U’’ designa- of controlled substances. Our amend- dustry. tions, including UH–1 aircraft and UH/EH–60 ment requires that no Federal depart- California—particularly Sacramento, aircraft and aircraft bearing such designa- ment or agency may sell stockpiled the Central Valley, and the Inland Em- tions that use reciprocating engines. pire—has become the front line in this (D) Liaison aircraft bearing ‘‘L’’ designa- chemicals until the Drug Enforcement Agency certifies that the sale of the new and dangerous drug war. tions. DEA has designated California as the (E) Observation aircraft bearing ‘‘O’’ des- chemical would not result in the illegal source country for methamphet- ignations, including OH–58 aircraft and air- manufacture of a controlled substance. craft bearing such designations that use re- This problem was brought to my at- amine—much like Colombia is the ciprocating engines. tention through a routine solicitation source country for cocaine, and identi- (F) Truck, tractors, trailers, and vans, in- to sell iodine by the Defense National fied 93 percent of the methamphet- cluding all vehicles bearing ‘‘M’’ designa- amine seized nationwide as having its tions. Stockpile Center. Earlier this year, De- fense National Stockpile offered for point of origin in California. Mr. MCCAIN. This amendment would The explosion of this drug is being sale, to the highest bidder, 450,000 attach conditions and limitations to documented in jails and hospital emer- pounds of crude iodine. Iodine is one of the provision of support for Mexico for gency rooms around California, and the main ingredients in methamphet- counter drug activities. this epidemic is spreading eastward: Madam President, I believe this amine. Defense National Stockpile had California hospitals—366 percent in- amendment has been cleared by the no idea that iodine was used in making crease—from 1,466 admissions in 1984 to other side. meth, and therefore did not consult 6,834 in 1993. Mr. LEVIN. The amendment has been with the Drug Enforcement Agency re- Central California hospitals saw a cleared. garding the practices of the companies 1,742 percent increase. Sacramento hos- Mr. MCCAIN. I urge the Senate adopt that might purchase this iodine at pitals—1,385 percent increase—from 46 this amendment. rock-bottom prices. After consulting cases in 1984 to 637 in 1993. The PRESIDING OFFICER. Without with DEA, at my request, the Defense In San Diego, admissions to drug- objection, the amendment is agreed to. National Stockpile chose to cancel the treatment programs for methamphet- The amendment (No. 4381) was agreed iodine sale. amine abuse surged 551 percent from to. Had my staff not noticed this pro- 1988 to 1995. In 1994, for the first time, Mr. MCCAIN. Madam President, I posed sale, hundreds of thousands of methamphetamine admissions out- move to reconsider the vote. pounds of iodine could be on its way to numbered those for alcohol. Mr. LEVIN. I move to lay that mo- methamphetamine labs across the At Sutter Memorial Hospital in Sac- tion on the table. country—the lion’s share probably in ramento, babies born with meth- The motion to lay on the table was my State. amphetamine in their blood system agreed to. I have been extremely concerned now outnumber crack babies by as AMENDMENT NO. 4382 with the proliferation of methamphet- much as 7 to 1. (Purpose: To control the sale of chemicals amine due to the meteoric rise in hos- More than 1,800 deaths were caused used to manufacture controlled substances) pitalizations and arrests from abuse. by methamphetamine abuse from 1992 Mr. LEVIN. Madam President, on be- Earlier this year, Senators KYL, REID, to 1994—a 145-percent increase in just 2 half of Senator FEINSTEIN, I offer an GRASSLEY, and I introduced the Meth- years. The majority of these cases oc- amendment which would prohibit Fed- amphetamine Control Act of 1996. This curred in the four western cities of Los eral agencies from selling chemicals legislation, drafted with the input of Angeles, San Francisco, San Diego, and that could be used to manufacture ille- the Drug Enforcement Agency, the Phoenix. gal drugs unless the Drug Enforcement California Attorney General’s Bureau The problem is still growing: Agency certifies that there is no rea- of Narcotic Enforcement, the Cali- Large-scale labs are now common- sonable cause to believe that the sale fornia Narcotics Officers Association, place. Last year, in the central valley, will result in the illegal production of and local, State, and Federal and law law enforcement convicted a man who controlled substances. enforcement, is a carefully crafted, tar- manufactured in excess of 900 pounds of I believe the amendment has been geted piece of legislation aimed at the methamphetamine, with a street value cleared by the other side. supply side of the problem. The bill in- of $5 million.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7168 CONGRESSIONAL RECORD — SENATE June 27, 1996 Literally hundreds of illicit labora- gangs in the production and distribu- The Department of Defense estimates tories are located throughout the tion of methamphetamine. that the tools developed under the State. San Bernardino and Riverside Fighting the spread of methamphet- CAETI program will markedly improve law enforcement officials say there amine should be the responsibility of student performance in the DOD were 589 methamphetamine labs dis- every Federal department and agency. schools, as well as teacher perform- covered in 1995—in just those two coun- My amendment helps to ensure that ance. Because of greater efficiency, ties alone. the Federal Government does not con- DOD estimates that the development of And since the first of this year—just tribute to this crisis. software and networking technology 9 weeks—another 127 labs were found in Mr. MCCAIN. Madam President, the under the CAETI program will result in these two counties. amendment has been cleared on this a net savings of 65 percent in the cost Part of the problem for law enforce- side. of education and training. ment is that the labs are so highly mo- The PRESIDING OFFICER. Without As military downsizing continues, bile. objection, the amendment is agreed to. there is a continual need to provide Labs can be set up in apartments, The amendment (No. 4382) was agreed training to our troops whenever needed mobile homes, and even moving vehi- to. and where ever they are stationed. This cles, and can be dismantled in a matter Mr. LEVIN. Madam President, I is especially relevant for the reserve of hours, making it very difficult for move to reconsider the vote. forces who often have civilian occupa- police to track and close these labs. Mr. MCCAIN. I move to lay that mo- tions very different from their military Law enforcement is now finding labs tion on the table. jobs. Only through the application of in hotel rooms. Drug dealers come in, The motion to lay on the table was high technology distance learning will set up, produce their drugs, and leave. agreed to. both the active and reserve forces be Hotel staff then find the materials left AMENDMENT NO. 4383 able to meet their readiness require- ments. The CAETI program is designed in the rooms. (Purpose: To continue funding for computer- California Environmental Protection assisted education and training) to help meet this challenge. I would like to talk for a minute Agency expects that 1,150 sites will re- Mr. MCCAIN. Madam President, on about one of the projects being funded quire cleanup by the end of this year in behalf of Senators MOSELEY-BRAUN, California. by CAETI in my home State of Illinois. COCHRAN and LOTT, I offer an amend- The Institute for the Learning Sciences This trend is overwhelming local re- ment to continue funding for computer sources because these labs are also at Northwestern University [ILS] has a system education and training. contract to develop educational soft- very dangerous. The PRESIDING OFFICER. The Most of the chemicals used in these ware for use in the Department of De- clerk will report. fense Dependent Schools. laboratories, such as iodine, refrig- The legislative clerk read as follows: erants, hydrochloric gas, and sodium The ILS research is based on high- Senator from Arizona [Mr. MCCAIN], for hydroxide, are toxic and, in the case of level, academic research. The ILS de- Ms. MOSELEY-BRAUN, for herself, Mr. LOTT velops models of how we learn most ef- red phosphorous, highly flammable or and Mr. COCHRAN, proposes an amendment even explosive. ficiently and most effectively based on numbered 4383. empirical evidence and the latest re- Two months ago, a mobile home in The amendment is as follows: Riverside County being used as a meth search in cognitive science and edu- At the end of subtitle B of title II, add the cational theory. They then create soft- lab exploded killing three small chil- following: dren. ware programs around these models. SEC. 223. COMPUTER-ASSISTED EDUCATION AND The result is education and training Incredibly, the mother of these chil- TRAINING. dren pleaded with neighbors that they software that helps people learn what Of the amount authorized to be appro- they need to know more quickly and not call for help. Before firefighters priated under section 201(4), $10,000,000 shall could find the children’s burnt bodies, be available under program element 0601103D more effectively. Training software developed by the the woman walked away from the for computer-assisted education and training ILS is already in use by large corpora- scene. at the Defense Advanced Research Projects This is a horrifying example of the Agency. tions like Andersen Consulting and effects of this drug. But the violence Ms. MOSELEY-BRAUN. Madam Ameritech. The Army uses their soft- associated with methamphetamine is President, my amendment to the Na- ware to train its intelligence officers. The ILS is currently developing a even more alarming. Prolonged use of tional Defense Authorization Act for software program for use in the school the drug produces paranoid and violent Fiscal Year 1997 would continue fund- system, that will help students learn behavior. ing for the Computer Aided Education how to analyze complex information And, because the methamphetamine and Training Initiative [CAETI]. This and recommend alternatives, as well as trade is so lucrative with its low pro- program has been authorized for each of the preceding 3 years, and the re- improve their writing skills. duction costs and high-profit margin, The armed services has a long his- search and development it has funded police are seeing a tremendous surge in tory of pioneering the development of has advanced the state of educational violence, particularly among rival advanced technology—technology that software, and the level of training soft- gangs associated with distribution. can later be applied to other facets of ware available to all of the branches of Police in Phoenix say methamphet- our lives. The CAETI program is no ex- our Armed Forces. amine is mainly responsible for the 40- ception. The technology being devel- My amendment would authorize $10 percent jump in homicides the city is oped under CAETI contracts will trans- million in fiscal year 1997 University experiencing. late directly into our civilian schools In Contra Costa County, law enforce- Research Initiative funds—where the and to various industries. ment leaders report that methamphet- program has historically been funded— I urge all of my colleagues to support amine is involved in 89 percent of do- to continue the successful research this amendment, and support the de- mestic disputes. currently being funded. Because my velopment of advanced computer and Last year in San Diego, rival meth- amendment sets aside funds from an networking technology. amphetamine smuggling rings were re- existing account, it does not require an Mr. McCAIN. I believe this amend- sponsible for 26 homicides. offset. ment has been cleared by the other In 1994, among all the adults arrested The CAETI program supports high- side. in the San Diego area, 42 percent of level academic research and develop- Mr. LEVIN. The amendment has, in- men and 53 percent of women tested ment of computer and networking deed, been cleared. positive for amphetamines. tools. Projects funded under the CAETI The PRESIDING OFFICER. Without In San Luis Obispo, CA last year, program have been specifically chosen objection, the amendment is agreed to. local authorities requested assistance for their dual benefit to the Depart- The amendment (No. 4383) was agreed from DEA in dealing with spiraling vio- ment of Defense Dependent School sys- to. lence that involved 13 drug-related tem, and to the Armed Forces for mili- Mr. McCAIN. Madam President, I homicides—in 1 month—committed by tary training. move to reconsider the vote.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7169 Mr. LEVIN. I move to lay that mo- The legislative clerk continued with disease to help ease the pain of others. tion on the table. the call of the roll. He changed the lives of everyone he The motion to lay on the table was Mr. MCCAIN. Madam President, I ask knew. And now we are living monu- agreed to. unanimous consent that the order for ments to his life. We will carry the AMENDMENT NO. 4384 the quorum call be rescinded. memory of this great man with us in (Purpose: To require that operational sup- The PRESIDING OFFICER. Without our hearts and in our minds always. port airlift aircraft excess to the require- objection, it is so ordered. There is no remedy for the pain we ments of the Department of Defense be f feel when we lose a friend in the prime placed in an inactive status and stored at of his life. We search for meaning in Davis-Monthan Air Force Base pending MORNING BUSINESS such events, and pray that God has any study or analysis of the costs and ben- some higher purpose. I do not claim to efits of operating or disposing of such air- Mr. MCCAIN. I ask unanimous con- craft) sent that there now be a period for the know the answer to such questions. Mr. LEVIN. I send an amendment to transaction of routine morning busi- But I do know that Randy made the the desk in my own behalf and ask for ness. very most of every day of his life. And its immediate consideration. The PRESIDING OFFICER. Without to me, that is the greatest achievement The PRESIDING OFFICER. The objection, it is so ordered. one can claim. Sadly, Randy leaves behind a young clerk will report. f The legislative clerk read as follows: family, his wife Mary Ann and his daughter Brynn. They should be very The Senator from Michigan [Mr. LEVIN] TRAGEDY IN SAUDI ARABIA proposes an amendment numbered 4384. Mr. CAMPBELL. Madam President, proud of the life Randy lived. He will be sorely missed. Thank you. The amendment is as follows: as the bodies of the servicemembers At the end of subtitle F of title X add the killed in Tuesday’s terrorist attack in f following: Saudi Arabia arrive today at Dover Air SENSELESS VIOLENCE IN SAUDI SEC. 1072. OPERATIONAL SUPPORT AIRLIFT AIR- Force Base, I join my colleagues in ex- ARABIA CRAFT. pressing my deepest condolences to (a) STATUS OF EXCESS AIRCRAFT.—Oper- Mr. BAUCUS. Madam President, like those families who must now endure ational support airlift aircraft excess to the so many Americans, I have watched requirements of the Department of Defense the pains of this senseless tragedy. with horror and anger the news ac- shall be placed in an inactive status and Words cannot adequately express the counts of the senseless act of violence stored at Davis-Monthan Air Force Base, Ar- sorrow our Nation feels for the loss of in Dhahran, Saudi Arabia which has izona, pending the completion of any study these soldiers who have made this ulti- claimed the lives of 19 of our Nation’s or analysis of the costs and benefits of dis- mate sacrifice in service to our coun- posing of or operating such aircraft that pre- best and brightest young men and try. Fortunately, none of the nearly 40 women and shattered the lives of so cedes a decision to dispose of or continue to service people from Colorado who were operate such aircraft. many others. caught in this terrorist bombing were (b) OPERATIONAL SUPPORT AIRLIFT AIR- Across the Nation and in my own CRAFT DEFINED.—In this section, the term killed, although some sustained serious State of Montana we all feel the im- ‘‘operational support airlift aircraft’’ has the injuries. pact of this tragedy. Great Falls, MT, meaning given such term in section 1086(f) of It is my sincere hope that the cow- is the home of Malmstrom Air Force the National Defense Authorization Act for ardly extremists responsible for this Base and the 341st Missile Wing. Twen- Fiscal Year 1996 (Public Law 104–106; 110 horrendous act are soon caught and Stat. 458). ty-three dedicated members of the swiftly brought to justice. I trust my 341st Missile Wing were deployed at Mr. LEVIN. Madam President, this colleagues in this Chamber will work amendment will require the Depart- King Abdul Aziz Air Force Base the closely with the administration and night of the bombing and 5 soldiers ment of Defense to retire certain oper- the Saudi Government to ensure their ational support airlift aircraft while it were injured in the blast. Fortunately, apprehension. I am also hopeful that we have now learned that their injuries studies the ultimate disposition of that the necessary actions will be taken to aircraft that is excess to the needs of are not serious. prevent any future assaults on the I know all Montanans join me in of- the Department of Defense. service men and women who guard and fering our best wishes for a full recov- Mr. MCCAIN. Madam President, the protect the peace not only in this re- ery to Capt. Stephen Goff, A1c Daniel amendment has been cleared by this gion but throughout the world. side. D. Hazell, AB Christopher T. Wagar, f A1c Dennis A. Kuritz, and A1c Roger K. Mr. MCCAIN. Madam President, has Kaalekahi IV. T.Sgt. James Rangitsch, the amendment been adopted? MEMORIAL TO RANDY originally of Billings, MT, was also in- The PRESIDING OFFICER. It has BELLINGHAM not. jured in the blast and our best wishes Mr. BAUCUS. Mr. President, I want Without objection, the amendment is go out to him and his family as well as to talk today about a friend, Randy agreed to. his mother Dorothy Rangitsch, also of The amendment (No. 4384) was agreed Bellingham, who lived life to the full- Billings. to. est—in his work, in his play, in his per- We have all felt the pain of this hor- Mr. LEVIN. Madam President, I sonal relationships. And because of the rible tragedy. The thoughts and pray- move to reconsider the vote. way he lived, the sense of loss for those ers of all Montanans and all Americans Mr. MCCAIN. I move to lay that mo- who knew him, is that much greater. are with the families of those who have tion on the table. He was a decorated combat veteran lost their lives and those who are now The motion to lay on the table was of Vietnam. He was an avid outdoors- burdened by injury. For those young agreed to. man. He was a superb lawyer. He was a men and women who have been taken Mr. MCCAIN. Madam President, I cancer survivor. And he was a dedi- from us too soon, we must resolve that suggest the absence of a quorum. cated father. But to simply look at these senseless acts of terror will not The PRESIDING OFFICER. The these achievements and call Randy a go unpunished and the perpetrators of clerk will call the roll. great man would not be doing him jus- the bombing in Dhahran will be The legislative clerk proceeded to tice. brought to justice. call the roll. Randy will best be remembered for f Mr. MCCAIN. Madam President, I ask what he gave to those around him. His unanimous consent that the order for honesty, strength, courage, and under- YANKTON DAILY PRESS & the quorum call be rescinded. standing are qualities that brightened DAKOTAN CELEBRATES 135 YEARS The PRESIDING OFFICER. Is there the days and lives of those he worked Mr. DASCHLE. Madam President, objection? with and loved. Though he was a busy today I offer my congratulations to the Mr. LAUTENBERG. I object. man, he took the time to counsel those Yankton Daily Press & Dakotan, the The PRESIDING OFFICER. Objec- who suffered from cancer. Randy used oldest daily newspaper in South Da- tion is heard. his own experiences combatting the kota.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7170 CONGRESSIONAL RECORD — SENATE June 27, 1996 For the last 135 years, Press & Dako- that they have had an opportunity to United States and its allies and we tan has served the public interest by speak with their families, and have commit ourselves to taking whatever providing reliable local news to the been given necessary medical care. action is necessary to ensure their con- residents of southeastern South Da- Although the names of the injured tinued safety. kota. When the Press & Dakotan was are being withheld for the time being, f founded in the Missouri River commu- I want to take this opportunity to pay THE VERY BAD DEBT BOXSCORE nity of Yankton in 1861, the Dakota tribute to the fine work that these in- Territory was barely organized. Moving jured servicemembers and all North Mr. HELMS. Madam President, at west, many early pioneers settled near Dakota personnel in the Gulf have done the close of business yesterday, the River and the Press & Dakotan, for our country. Duty in the Persian Wednesday, June 26, 1996, the Federal then known as the Weekly Dakotian, Gulf is, by all accounts, an extremely debt stood at $5,118,103,732,700.15. was there to serve them. challenging assignment. The desert en- On a per capita basis, every man, Over the years, the Press & Dakotan vironment is unyielding, and the cul- woman, and child in America owes has recorded great national events ture is vastly different from what $19,301.59 as his or her share of that from the end of the Civil War to the servicemembers are used to in the debt. launch of the Space Shuttle. It has United States. Tuesday’s blast also re- f kept its readers informed with first- minds us of the area’s political insta- LEONARD PELTIER hand accounts of the Indian wars of the bility, and the fact that the gulf is one 1870’s, the Depression of the 1930’s, and of the few places in the post-cold war Mr. INOUYE. Madam President, I the astounding economic growth expe- world where American forces daily face rise today in recognition of events rienced by Yankton throughout the the real threat of attack. which are taking place in the Capitol 1990’s. Fifteen other newspapers have In the face of these challenges, per- today concerning the cause of a native come and gone in Yankton since 1861, sonnel from the Grand Forks and American, Mr. Leonard Peltier. but the Press & Dakotan has always Minot bases have performed extremely For over 20 years, Mr. Peltier has been present to witness and record well. They have been a tribute to their been imprisoned for a crime that the South Dakota’s history. By perse- fine installations, our State, the U.S. Government now appears to be admit- vering, it has etched out a tiny piece of Air Force, and our country. I am proud ting Mr. Peltier may not have com- history for itself. of every member of the Air Force as- mitted. South Dakotans depend on their signed to North Dakota, and offer my I first became interested in this case hometown newspapers to provide up- special thanks to the men and women when I viewed a documentary on one of dated local information. The residents from Minot and Grand Forks who are the network television news programs of Yankton are no exception. The Press in the gulf today. It is because of your in which, much to my surprise, the & Dakotan has a proven track record vigilance and hard work that all of us prosecuting attorney evinced some as a constant and reliable source for back home can sleep well at night. pride in the fact that at trial, the de- local information and it has served its President Clinton and Saudi authori- fense did not request and the prosecu- community well. It has exhibited a re- ties have vowed that those responsible tion did not produce certain excul- markable ability to change with the for this shameful attack will be patory ballistics evidence which may times and is poised for new growth and brought to justice, and I echo their have well effected a different outcome development in the 21st century. sentiments that this cowardly act will in the jury’s verdict. Once again, I applaud the Press & Da- not sway our resolve in the gulf. I have Although it has been many years kotan for the hard work and commit- no doubt that North Dakota’s per- since I served as a prosecutor, at that ment it took to reach this important sonnel in the region will play an out- time, a defendant was entitled to the milestone. I know the next 135 years standing role in dealing with the after- production of all of the evidence that will be just as successful. math of the blast, and on behalf of my might be used against him by the pros- f colleagues in the Senate, wish to ex- ecution, and to my knowledge the law tend my sincere wishes for a quick re- has not changed in that regard. TRIBUTE TO NORTH DAKOTA AIR covery to the 3 servicemembers from Thereafter, I learned that Mr. Peltier FORCE PERSONNEL INJURED IN Grand Forks AFB who were injured. had been extradited from Canada on BOMBING IN DHAHRAN, SAUDI f the basis of affadavits of eyewitnesses ARABIA who later admitted that their testi- Mr. CONRAD. Madam President, I A TRIBUTE TO THOSE WHO mony was not truthful. Although the rise today to express my deep condo- SERVED AND DIED IN SAUDI Government apparently knew of the lences to the families of the 19 Ameri- ARABIA false nature of these affadavits, they cans who the Air Force reports were Mr. ASHCROFT. Madam President, I were nonetheless presented to the Gov- killed in Tuesday’s blast in Dhahran, rise today to condemn the June 25 cow- ernment of Canada as the basis for ex- Saudi Arabia. I know that the thoughts ardly terrorist attack which claimed tradition. and prayers of all Senators are also the lives of 19 United States Air Force Over the ensuing years, it has been with the more than 300 people who members at the Khobar Barracks near my belief that if these facts of appar- were injured and their families, but I Dhahran, Saudi Arabia. The explosion ent misconduct on the part of the gov- would like to make my colleagues which killed these men and injured 106 ernment could be disproved, it would aware that 3 of those who were wound- others was a heinous crime for which serve the interest of justice to have a ed serve in my State, North Dakota. those responsible must be held ac- full review of all of the actions and pro- Madam President, approximately 60 countable. The message must be sent ceedings leading up to and resulting in Air Force personnel from air bases in that the United States will not tol- Mr. Peltier’s incarceration. Minot and Grand Forks in my home erate conduct of this nature and our Accordingly, I called upon President State are currently in the Persian Gulf commitment to preventing future ter- Bush to initiate such a review, and it is theater. Many of them have been serv- rorist attacks in Saudi Arabia and else- my understanding that a hearing ex- ing on a temporary basis in Dhahran where must be stronger than ever be- aminer of the U.S. Parole Commission with the 4404th Composite Wing, which fore. undertook such a review. is helping to enforce the no fly zone Today, we honor the service and sac- Thereafter, in December 1995, I am over Iraq. In light of reports that re- rifice of those who were killed or in- told that a hearing was held in which verberations from the blast were felt jured in this attack. We mourn the loss the prosecuting attorney in the Peltier nearly a hundred miles away in Bah- of some of our Nation’s finest service case acknowledged that the Govern- rain, we must be thankful that more members and pray that God will com- ment could not be certain who was re- people were not killed, and that the fort those closest to them in time of sponsible for the murder of two FBI three individuals from Grand Forks grief. We are also thankful for those agents on the Pine Ridge Indian Res- AFB who were hurt suffered only very who continue to serve in a land far ervation on June 26, 1975, and that minor injuries. It is my understanding from their own in the defense of the rather than having evidence which

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7171 would support the theory that Mr. health care and child care for their aisle that the Governors and State leg- Peltier fired at the agents at close kids.’’ islatures cannot wait to abandon the range, the most the Government could Under S. 1795, we are providing more children in their State. That is non- say was that Mr. Peltier may have child care funding than under current sense. If a family stays on welfare, that been firing shots at long range in the law and more mandatory child care family will bet both a welfare check direction from which other gunfire was funding than President Clinton has and Medicaid. Under this reform pro- emanating and that in so doing, he proposed. This legislation will help posal, the States have greater incen- may have aided and abetted those who families make that all important tran- tives to expand Medicaid coverage and were in fact responsible for the mur- sition into the work force. help prevent families from being forced ders. When the Democratic and Republican onto the welfare rolls in the first place. Thus I was surprised to learn the Pa- Governors were working together on Reform is a critical component of get- role Commission ultimately concluded welfare and Medicaid reform, he did ting those now on welfare off of cash that ‘‘the government has not changed not tell the Governors to abandon their assistance. efforts because he would not sign Med- its position that circumstantial evi- The Governors also understand that icaid reform. In fact, he encouraged dence presented at your trial estab- under current law, Medicaid is an all or them. On the eve of the NGA proposal, lished your complicity in the execution nothing proposition. The current sys- the President encouraged the bipar- of the agents.’’ tem contains built-in incentives for tisan Governors’ group to ‘‘try to reach Even more surprising, given that Mr. families to impoverish themselves in agreement on a number of issues that Peltier has consistently maintained his order to qualify for Medicaid. innocence of the crime with which he are important to your people and to us was charged, is the Parole Commis- here in Washington, including Med- The Governors also understand that sion’s finding that ‘‘[Mr. Peltier] has icaid and welfare * * *’’. under today’s all or nothing scheme, a not given a factually specific account In order to protect the President lot of low-income working families get of your actions at the time of the of- from his own words, many Democrats nothing. As if to add insult to injury, fenses that is consistent with the jury’s are now demanding that welfare be sep- many low-income families are paying verdict of guilt, considering either the- arated from Medicaid. The Governors for the benefits a welfare family is get- ory of your participation in the crimes understand there is no real welfare re- ting while their own children go with- outlined by the government at trial.’’ form without Medicaid reform. out coverage. Madam President, in the 8 years that The compromise forged last February Medicaid is an important program for I served as chairman of the Committee was supported by the most liberal Gov- our elderly citizens in terms of long- on Indian Affairs, the committee re- ernor and the most conservative Gov- term care coverage. But the current ceived literally thousands of letters ernor and everyone in between. No one system is far from perfect in serving each week from citizens of almost liked everything, but there was some- our senior citizens. The current system every country on this globe, calling thing for everyone in these resolutions. forces elderly citizens into poverty upon the United States to examine the That is the essence of bipartisanship. even before any benefits can be pro- facts and circumstances surrounding On May 22, I introduced S. 1795, the vided. Personal Responsibility and Work Op- Mr. Peltier’s conviction and subse- Our senior citizens often do not re- quent incarceration, and urging clem- portunity Act of 1996. An identical bill was introduced in the House of Rep- ceive the most appropriate services be- ency. cause the current system, run under resentatives by Chairman ARCHER and International attention continues to rules dictated by the Federal Govern- be focused on what is seen by many as Chairman BLILEY. My colleagues in the House and I ment, is not flexible enough. What is a matter of human rights. good for the bureaucracy is not nec- Madam President, it is my hope that made every effort to meet the goals adopted by the Democratic and Repub- essarily good for the individual. S. 1795 one day soon, a nation which prides will give the States greater flexibility itself on being an open society will find lican Governors. Last week, members of the Finance to redesign benefits so that our senior it appropriate to reexamine Mr. Committee submitted 163 amendments citizens can be better served. Peltier’s case in all of its aspects. If to S. 1795. There were 53 Republican there is nothing to hide, as honorable The Clinton administration is scar- amendments and 110 Democrat amend- men and women, we can do no less. ing the elderly and hiding behind chil- If we find that we have been holding ments. Based on the Finance Com- dren. The very idea that the current the wrong man accountable for these mittee work, S. 1795, as amended, in- system must remain in place in order heinous crimes, let us renew our efforts cludes more than 50 Democratic to protect our vulnerable citizens from to find the real culprits, and let an in- amendments. their Governors and State legislators is Nearly half of the Democratic nocent man live out the remaining not only insulting. It is wrong. More amendments offered are included in years of his life as a free man. than half of the money being spent on this legislation. Medicaid is there solely because the f Turning to the subject of welfare re- States have chosen to provide optional WELFARE AND MEDICAID REFORM form itself, it is critical to not lose benefits and extend optional coverage Mr. ROTH. Madam President, it has sight of the overall goal of this legisla- to a greater number of people. tion. That goal is to replace a system been stated countless times that the The administration is trying to scare American people want three things: which has failed the very people it was intended to serve. The Governors un- people with a convoluted argument real welfare reform, a balanced budget, that S. 1795 lacks a Federal guarantee. and compromise, if necessary to get derstand that there is no real welfare reform without also restructuring Med- This argument is completely hollow. the job done. Yesterday, the Finance As Secretary Shalala acknowledged to Committee approved S. 1795, the Per- icaid. Democratic and Republican Gov- ernors alike understand that Medicaid the Finance Committee earlier this sonal Responsibility and Work Oppor- month, the States could take nearly tunity Act of 1996. This legislation re- reform is a critical component of mov- ing families from welfare to work. $70 billion today out of the current flects the will of the American people More than 3 years ago, President Medicaid system without needing her on all three of these issues. Clinton told the Nation’s Governors approval. Let me first address bipartisanship that, S. 1795 did not create the linkage be- and compromise. This past February, * * * many people stay on welfare not be- tween welfare and Medicaid. That was the Nation’s Governors gathered in cause of the checks * * * they do it solely be- done more than 30 years ago when Med- Washington and approved two resolu- cause they do not want to put their children icaid was created. tions dealing with welfare reform and at risk of losing health care or because they Medicaid. Their efforts were lauded do not have the money to pay for child care This legislation meets the four pri- across the country, including by Presi- * * *. mary goals of the NGA Medicaid reso- dent Clinton. This is precisely the purpose of S. lution: For more than 3 years, President 1795. First, the basic health care needs of Clinton has been saying that, ‘‘what Madam President, there is plenty of the Nation’s most vulnerable popu- keeps people on welfare is the cost of talk coming from the other side of the lations must be guaranteed.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7172 CONGRESSIONAL RECORD — SENATE June 27, 1996 S. 1795 guarantees coverage and bene- Among a number of provisions in In doing so, he also veto a bill which fits for poor children, children in foster meeting this goal, S. 1795 repeals the provided more support, including child care, pregnant women, senior citizens, Boren amendment as requested by the care, for welfare families than his own persons with disabilities, and families Governors. legislation does. on welfare. It frees the States from Federal re- H.R. 4 did not include Medicaid. But If anything, the legislation goes be- strictions which impede the movement it did include the sweeping child sup- yond the NGA resolution in terms of into managed care. port enforcement reform for which mil- setting guarantees. Yesterday we ex- Fourth, States must be protected lions of American families are waiting. tended those Medicaid guarantees even from unanticipated program costs re- This legislation, again included in S. further to phase-in coverage of children sulting from economic fluctuations in 1795, goes light years beyond anything ages 13 to 18. the business cycle, changing demo- the President could ever accomplish We also extended coverage to fami- graphics, and natural disasters. solely through administrative actions. lies leaving welfare. The modification S. 1795 includes an open-ended supple- How many thousands of children will also requires states to provide health mental umbrella mechanism to provide remain in poverty or under the threat coverage under the new Medicaid pro- additional funds for unexpected growth of poverty for at least another 6 gram for 1 year to families leaving wel- in guaranteed populations as well as months because they will not receive fare to go into the work force. certain specified optional populations. cash assistance and medical insurance Second, the growth in health care ex- This legislation achieves each of of their absent parent as a result of penditures must be brought under con- these goals. trol. President Clinton’s vetoes? It will replace a failed welfare system Earlier this year, President Clinton While slowing the rate of growth, the in which dependence is measured in Federal commitment to Medicaid re- declared that the era of big govern- generations and illegitimacy is the ment is over. His action on this legisla- mains intact. Even after reform, Med- norm, with a system that encourages icaid spending will rise faster than So- tion will determine whether indeed work and helps keep families together. that time is here. cial Security. This legislation will return power The Federal Government will spend This legislation will be a test to see and flexibility to the states, while re- if President Clinton is truly committed an estimated $827.1 billion between 1996 taining guarantee of a safety net for and 2002 on Medicaid, an average an- to ending the era of big government. the most vulnerable populations. Nothing could demonstrate a true alle- nual increase of approximately 6 per- Thirty-nine months ago, President giance to this pledge better than to re- cent. Clinton promised the Nation’s Gov- turn the responsibility and authority We have met the President halfway ernors and the American people that he in terms of Medicaid savings. The dif- for welfare programs, including Med- would end welfare as we know it. Noth- ference between us is less than 2 per- icaid, to the States. ing happened. cent of total Federal cost of Medicaid. He abandoned welfare reform and in- f That is a difference of about two stead pursued a misguided attempt to dimes a day per beneficiary. UNITED STATES-JAPAN AVIATION The American people should fully un- take government control over the RELATIONS: PROGRESS OR PRO- derstand that the critical difference be- world’s finest health care system. It TECTIONISM tween President Clinton and this legis- didn’t work. Mr. PRESSLER. Madam President, Yesterday, the Finance Committee lation is not about the level of spend- in recent months the Government of reported out legislation which will de- ing. The difference between us is who Japan publicly has indicated its desire liver on the promise of welfare reform controls the spending. The funda- to move forward in United States- and expand health coverage to many mental issue is whether or not the Gov- Japan aviation relations by expanding low income families. ernors and State legislators and judges air service opportunities. Given that After 30 years, we know that Wash- can do a better job in running the $2.4 Japan is our second largest aviation ington does not know how to build trillion welfare system than the bu- trading partner overseas and is the strong families. It is time to end the reaucracy in Washington. gateway to the booming Asia-Pacific incentives for staying in poverty. It is The essence of the administration’s market, these statements are encour- time to end a system in which welfare opposition to S. 1795 is that the States aging news for consumers on both sides pays more than work. cannot be trusted. The Clinton plan is of the Pacific. Regrettably, Japan’s ac- built on the premise that Washington Over 5 years, a typical welfare family receives more than $50,000 in tax free tions speak much louder than its must control the decision making. words. This goal of the Governors also goes benefits. In a number of States, the benefits are significantly higher. It is While Japan certainly talks about directly to issue of a balanced budget, progress, it has prevented any real the third major issue of concern to the appropriate to set a time limit on bene- progress from taking place by con- American people. Simply put, the Fed- fits and say enough is enough. tinuing to prohibit several of our car- eral budget cannot be balanced without There is now little difference be- riers from serving various United Medicaid reform. It is the third largest tween this plan and the President’s States-Asia markets via Japan despite domestic program in the Federal budg- own plan in terms of Federal spending a clear right to do so guaranteed by the et. It costs more than AFDC, food levels on Medicaid. United States-Japan bilateral aviation stamps, and SSI combined. Secretary Shalala appeared before Medicaid reform is also critical to the Finance Committee earlier this agreement. In fact, Japanese nego- balancing State budgets and priorities. month and acknowledged the President tiators seem more intent on protecting One out of every $5 spent by the State proposed to cut Medicaid by $59 billion. intra-Asian air service markets for goes to Medicaid. The National Asso- Republican Governors have com- Japanese carriers by blocking out ciation of State Budget Officers reports promised. Democratic Governors have United States carrier competitors than that Medicaid surpassed higher edu- compromised. The legislation approved they are in opening the United States- cation as the second largest program in by the Finance Committee yesterday is Japan aviation market. That certainly 1990. a compromise. was evident in air service talks earlier If nothing changes, Medicaid spend- There have been ample reference to this month in Tokyo. ing may soon overtake elementary and political motivations launched by the Japanese negotiators must make a secondary education spending as well. other side of the aisle about the link- choice. They must choose between To those taxpayers who are won- age between welfare and Medicaid. It is progress or protectionism. More fun- dering why there is not more money time to question why, after all of these damentally, Japan must choose wheth- for schools, to repair roads, and build changes, the President would not sign er to embrace the future of global air bridges, a large part of the answer is authentic welfare reform which in- service or unwisely cling to the past. In the uncontrolled spending of Medicaid. cludes Medicaid. our ongoing air service talks with the Third, States must have maximum Last January, President Clinton ve- Japanese, the United States is rightly flexibility in the design and implemen- toed welfare reform which did not in- requiring the Japanese to make that tation of cost-effective systems of care. clude Medicaid. choice: Japan must meet its present

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7173 obligations and stop wrongly pro- limitations on its originally open 1952 the Senate by Mr. Thomas, one of his tecting its air service markets before a Air Transport Agreement with the secretaries. new treaty can be discussed. United States. f Other countries faced with that same And therein lies the heart of the decision overwhelmingly have chosen problem confronting the United States EXECUTIVE MESSAGES REFERRED progress. Over the past 2 years, over 20 delegation in the aviation talks. The As in executive session the Presiding nations have signed more liberal avia- issue is both philosophical and eco- Officer laid before the Senate messages tion accords with the United States. nomic. Japan is convinced its airlines from the President of the United No wonder. The economic benefits cannot compete for Asian markets States submitting sundry nominations flowing from an opening of air service whose annual passenger volume is ex- which were referred to the Committee opportunities can be enormous. Our re- pected to triple—and account for more on Armed Services. cent phased-in open skies agreement than half the world’s traffic—by 2010. (The nominations received today are with Canada dramatically makes this The United States, on the other hand, printed at the end of the Senate pro- point. Since that signing, the United has to be concerned that, as the Eco- ceedings.) States-Canada aviation market has nomic Strategy Institute concluded re- f generated an additional 1 million pas- cently, the loss of its competitive avia- sengers and a remarkable $2 billion in tion presence in the booming Asia-Pa- MESSAGES FROM THE HOUSE cific market would cost this country $5 economic activity on both sides of the ENROLLED BILLS SIGNED billion in trade receipts annually and border. In terms of enhanced consumer At 1:06 p.m., a message from the choice, nearly 50 city-pair markets hundreds of thousands of United States jobs. Incredibly, the MOT’s approach— House of Representatives, delivered by have received first time scheduled serv- Mr. Hays, one of its reading clerks, an- ice and another 14 city-pair markets in contradiction to the Japanese Gov- ernment’s stated goal in virtually all nounced that the Speaker has signed have received additional competition. the following enrolled bill: These benefits will surely grow as the other sectors—is to eliminate competi- tion from highly cost-efficient United S. 1903. An act to designate the bridge, es- remaining barriers are phased out. In timated to be completed in the year 2000, fact, the United States Department of States airlines. In pursuit of this short- sighted policy, the MOT has threatened that replaces the bridge on Missouri highway Transportation estimates from 1995 74 spanning from East Girardeau, Illinois, to through 2000, the cumulative economic sanctions to penalize carriers that are Cape Girardeau, Missouri, as the ‘‘Bill Emer- benefits of this accord to both coun- only exercising their rights. Thus, son Memorial Bridge,’’ and for other pur- tries will be $15 billion. Japan is caught in a trap. The restric- poses. In contrast, some countries such as tions it has imposed over the years The enrolled bill was signed subse- France have chosen protectionism have prevented its airlines from be- quently by the President pro tempore coming more efficient, and now the thereby foregoing the economic bene- [Mr. THURMOND]. fits of further liberalization. While air MOT believes it has to protect them if The message also announced that the service markets around France have they are to compete in Asia. Speaker, pursuant to the provisions of Nonetheless, to the United States, grown significantly in recent years as Resolution 459, appoints to Funeral the MOT’s intransigence poses a series those countries have opened their mar- Committee of the late Hon. Bill Emer- of inescapable dilemmas. It cannot ig- kets, the French air service market has son the following Members on the part nore Japan’s refusal to abide by the been stagnant. In fact, last year com- of the House: Mr. CLAY of Missouri, Mr. 1952 agreement without setting a very bined passenger traffic at the two dangerous precedent for all of our GINGRICH of Georgia, Mr. GEPHARDT of major Paris airports fell nearly 1 per- other international agreements. It can- Missouri, Mr. BOEHNER of Ohio, Mr. cent. Is it any wonder Air France has not concede more treaty modifications SKELTON of Missouri, Mr. VOLKMER of accumulated losses totaling $3.3 billion or restrictions without surrendering Missouri, Mr. HANCOCK of Missouri, Ms. since 1990, and continues to have oper- the few rights left to United States DANNER of Missouri, Mr. TALENT of ating costs among the highest in the carriers and accepting Japanese con- Missouri, Ms. MCCARTHY of Missouri, world? As the French experience un- trol over the United States presence in Mr. MONTGOMERY of Mississippi, Mr. mistakably shows, in today’s global many United States/Asian aviation HALL of Ohio, Mr. LEWIS of California, economy a protectionist air service markets. It cannot stand passively by Mr. HUNTER of California, Mr. ROBERTS policy is economic folly. while Japanese carriers expand service of Kansas, Mr. WOLF of Virginia, Mr. Fortunately, most countries are re- in those very same markets to which KANJORSKI of Pennsylvania, Mr. jecting the protectionist path. For in- United States carriers are wrongly de- MCNULTY of New York, Mr. POSHARD of stance, most recently 18 member nied access. And, ultimately, the Illinois, Mr. MORAN of Virginia, Mrs. economies of the Asia Pacific Eco- United States cannot yield to Japan’s LINCOLN of Arkansas, Mr. CHAMBLISS of nomic Cooperation [APEC] organiza- protectionist policy without aban- Georgia, Mrs. CUBIN of Wyoming, and tion voted specifically to add aviation doning its long-standing commitment Mr. LATHAM of Iowa. to the list of core industries designated to the principle that open competition for liberalization, and the European in a free market environment is the At 2:48 p.m., a message from the Union has been given a limited man- only way to advance the best interests House of Representatives, delivered by date by member States to negotiate an of consumers, countries, communities, Ms. Goetz, one of its reading clerks, an- open skies agreement with the United and carriers that together shape a nounced that the House agrees to the States. Nevertheless, there are major global and interdependent economy. amendment of the Senate to the bill United States trading partners in addi- Thus far, United States negotiators (H.R. 3525) to amend title 18, United tion to France, such as Japan and the are standing firm in defending that States Code, to clarify the Federal ju- United Kingdom, that continue to re- critically important principle despite risdiction over offenses relating to sist change. intense pressure exerted by Japan di- damage to religious property. Madam President, in Japan’s case the rectly and indirectly. As the talks pro- reasons are evident. For nearly two ceed, our representatives deserve our At 8:42 p.m., a message from the decades cost inefficiency has caused complete support. We can hope only House of Representatives, delivered by Japanese carriers to become less com- that their efforts will lead to Japan’s Mr. Hays, one of its reading clerks, an- petitive and to lose their market share realization that protectionism is inevi- nounced that the House has agreed to even on Asian and Pacific routes that tably an obsolete trading weapon capa- the following concurrent resolution, in are not open to significant competi- ble of serving no one but of causing which it requests the concurrence of tion. Japan’s chief aviation policy great harm. the Senate: makers at the Ministry of Transpor- H. Con. Res. 192. Concurrent resolution f tation [MOT] have responded to the providing for an adjournment of the two challenge negatively, creating oper- MESSAGES FROM THE PRESIDENT Houses. ational obstacles for U.S. carriers and Messages from the President of the The message also announced that the demanding increasingly restrictive United States were communicated to House has passed the following bill, in

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7174 CONGRESSIONAL RECORD — SENATE June 27, 1996 which it requests the concurrence of transmitting, a draft of proposed legislation Under the Federal Alcohol Administration the Senate: to amend the Internal Revenue Code; to the Act, Nonindustrial Use of Spirits and Wine, Committee on Finance. Bulk Sales and Bottling of Distilled Spirits,’’ H.R. 3666. An act making appropriations EC–3187. A communication from the Gen- (RIN1512–AB43) received on June 10, 1996; to for the Departments of Veterans Affairs and eral Counsel of the Department of the Treas- the Committee on Finance. Housing and Urban Development, and for ury, transmitting, a draft of proposed legis- EC–3199. A communication from Chief of sundry independent agencies, boards, com- lation to amend section 304 of the Tariff Act the Regulations Unit, Internal Revenue missions, corporations, and offices for the of 1930; to the Committee on Finance. Service, Department of the Treasury, trans- fiscal year ending September 30, 1997, and for EC–3188. A communication from Regu- mitting, pursuant to law, Notice 96–35 enti- other purposes. latory Policy Officer, Bureau of Alcohol, To- tled ‘‘Regulatory Reinvention Initiative,’’ f bacco and Firearms, Department of the received on June 17, 1996; to the Committee MEASURES REFERRED Treasury, transmitting, pursuant to law, the on Finance. rule entitled ‘‘Miscellaneous Regulations Re- EC–3200. A communication from Chief of The following bill was read the first lating to Liquor,’’ (RIN1512-AB44) received the Regulations Unit, Internal Revenue and second times by unanimous con- on June 18, 1996; to the Committee on Fi- Service, Department of the Treasury, trans- sent and referred as indicated: nance. mitting, pursuant to law, the Revenue Rul- EC–3189. A communication from Regu- H.R. 3666. An act making appropriations ing 96–34 entitled ‘‘Determination of Issue latory Policy Officer, Bureau of Alcohol, To- for the Departments of Veterans Affairs and Price in the Case of Certain Debt Instru- bacco and Firearms, Department of the Housing and Urban Development, and for ments Issued for Property,’’ received on June Treasury, transmitting, pursuant to law, the sundry independent agencies, boards, com- 19, 1996; to the Committee on Finance. rule entitled ‘‘The Extension of the Paso EC–3201. A communication from Chief of missions, corporations, and offices for the Robles Viticultural Area,’’ (RIN1512-AA07) the Regulations Unit, Internal Revenue fiscal year ending September 30, 1997, and for received on June 19, 1996; to the Committee Service, Department of the Treasury, trans- other purposes; to the Committee on Appro- on Finance. mitting, pursuant to law, the Revenue Pro- priations. EC–3190. A communication from Regu- cedure 96–34 received on June 11, 1996; to the f latory Policy Officer, Bureau of Alcohol, To- Committee on Finance. EXECUTIVE AND OTHER bacco and Firearms, Department of the EC–3202. A communication from Chief of COMMUNICATIONS Treasury, transmitting, pursuant to law, the the Regulations Unit, Internal Revenue rule entitled ‘‘The Malibu-Newton Canyon Service, Department of the Treasury, trans- The following communications were Viticultural Area,’’ (RIN1512-AA07) received mitting, pursuant to law, the Treasury regu- laid before the Senate, together with on June 21, 1996; to the Committee on Fi- lation entitled ‘‘Modification of Bad Debts,’’ accompanying papers, reports, and doc- nance. (RIN1545–AT14) received on June 25, 1996; to uments, which were referred as indi- EC–3191. A communication from Regu- the Committee on Finance. cated: latory Policy Officer, Bureau of Alcohol, To- EC–3203. A communication from Chief of bacco and Firearms, Department of the the Regulations Unit, Internal Revenue EC–3178. A communication from the Sec- Treasury, transmitting, pursuant to law, the Service, Department of the Treasury, trans- retary of Labor, transmitting, pursuant to report of a statement of procedural rules mitting, pursuant to law, the Treasury regu- law, a report on Regular Trade Adjustment (RIN1512–AB53) received on June 21, 1996; to lation entitled ‘‘Modification of Debt Instru- Assistance; to the Committee on Finance. the Committee on Finance. ments,’’ (RIN1545–AR04) received on June 25, EC–3179. A communication from the Presi- EC–3192. A communication from Regu- 1996; to the Committee on Finance. dent of the United States, transmitting, pur- latory Policy Officer, Bureau of Alcohol, To- EC–3204. A communication from Chief of suant to law, a report concerning an exten- bacco and Firearms, Department of the the Regulations Unit, Internal Revenue sion of waiver authority; to the Committee Treasury, transmitting, pursuant to law, the Service, Department of the Treasury, trans- on Finance. rule entitled ‘‘Taxpaid Distilled Spirits Used mitting, pursuant to law, the Treasury regu- EC–3180. A communication from the Chair- in Manufacturing Products Unfit for Bev- lation entitled ‘‘Debt Instruments with man of the Social Insurance Committee of erage Use,’’ (RIN1512–AA20) received on June Original Issue Discount,’’ (RIN1545–AQ86, the American Academy of Actuaries, trans- 24, 1996; to the Committee on Finance. 1545–AS35) received on June 25, 1996; to the mitting, pursuant to law, the report of the EC–3193. A communication from the Chief Committee on Finance. Board of Trustees of the Federal Old-Age and of Regulations Unit, Department of Treas- EC–3205. A communication from the Com- Survivors Insurance and Disability Insur- ury, transmitting, pursuant to law, the re- missioner of the Immigration and Natu- ance Trust Funds for calendar year 1996; to port of temporary regulations entitled ‘‘Ex- ralization Service, Department of Justice, the Committee on Finance. tensions of Time to Make Elections,’’ transmitting, pursuant to law, the rule rel- EC–3181. A communication from the Chair (RIN1545–AU41) received on June 26, 1996; to ative to the Visa Waiver Pilot Program, of the Physician Payment Review Commis- the Committee on Finance. (RIN1115–AB93) received on June 26, 1996; to sion, transmitting, pursuant to law, the re- EC–3194. A communication from the Chief the Committee on the Judiciary. port entitled ‘‘Monitoring Access of Medi- of Regulations Unit, Department of Treas- EC–3206. A communication from the Acting care Beneficiaries and Monitoring the Finan- ury, transmitting, pursuant to law, the re- General Sales Manager and Acting Vice cial Liability of Medicare Beneficiaries’’; to port of temporary regulations entitled ‘‘Reg- President, Commodity Credit Corporation, the Committee on Finance. ulations Under Section 382 of the Internal Foreign Agricultural Service, Department of EC–3182. A communication from the Chief Revenue Code of 1986,’’ (RIN1545–AU37) re- Agriculture, transmitting, pursuant to law, of Staff of the Office of the Commissioner of ceived on June 26, 1996; to the Committee on a rule concerning the Commodity Credit Cor- Social Security, transmitting, pursuant to Finance. poration Supplier Credit Guarantee Pro- law, the rule entitled ‘‘Payment For Voca- EC–3195. A communication from the Chief gram, (RIN0551–AA30) received on June 25, tional Rehabilitation Services Furnished In- of Regulations Unit, Department of Treas- 1996; to the Committee on Agriculture, Nu- dividuals During Certain Months of Non- ury, transmitting, pursuant to law, the re- trition, and Forestry. payment of Supplemental Security Income port of temporary regulations entitled ‘‘Con- EC–3207. A communication from the Execu- Benefits,’’ (RIN0960-AD39) received on June solidated returns-Limitations on the use of tive Director of the Committee For Purchase 17, 1996; to the Committee on Finance. certain losses and deductions,’’ (RIN1545– From People Who Are Blind Or Severely Dis- EC–3183. A communication from the Sec- AU35) received on June 26, 1996; to the Com- abled, transmitting, pursuant to law, a rule retary of Health and Human Services, trans- mittee on Finance. relative to additions to the procurement list, mitting, pursuant to law, a report relative to EC–3196. A communication from the Chief received on June 26, 1996; to the Committee value units for the full range of pediatric of Regulations Unit, Department of Treas- on Governmental Affairs. physicians’ services; to the Committee on Fi- ury, transmitting, pursuant to law, the re- EC–3208. A communication from the Gen- nance. port of temporary regulations entitled ‘‘Reg- eral Counsel of the Department of Energy, EC–3184. A communication from the Sec- ulations Under Section 1502 of the Internal transmitting, pursuant to law, the rule enti- retary of Health and Human Services, trans- Revenue Code of 1986,’’ (RIN1545–AU36) re- tled ‘‘Federal Energy Management and Plan- mitting, pursuant to law, the report of a ceived on June 26, 1996; to the Committee on ning Programs,’’ (RIN1991–AA80) received on final rule entitled ‘‘Health Maintenance Or- Finance. June 26, 1996; to the Committee on Energy ganizations,’’ (RIN0938–AE64) received on EC–3197. A communication from the Chief and Natural Resources. June 10, 1996; to the Committee on Finance. of Regulations Unit, Department of Treas- EC–3209. A communication from President EC–3185. A communication from the Sec- ury, transmitting, pursuant to law, the re- and Chairman of the Export-Import Bank of retary of Health and Human Services, trans- port of Revenue Procedure 96–37; to the Com- the United States, transmitting, pursuant to mitting, pursuant to law, a report on the sta- mittee on Finance. law, a notice relative to U.S. exports to Rus- tus of the implementation and evaluation of EC–3198. A communication from Regu- sia for a storage terminal project; to the social health maintenance organization dem- latory Policy Officer, Bureau of Alcohol, To- Committee on Banking, Housing, and Urban onstration; to the Committee on Finance. bacco and Firearms, Department of the Affairs. EC–3186. A communication from the Assist- Treasury, transmitting, pursuant to law, the EC–3210. A communication from the Acting ant Secretary of the Treasury (Tax Policy), rule entitled ‘‘Basic Permit Requirements Director of the Defense Security Assistance

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7175 Agency, transmitting, pursuant to law, a re- on June 20, 1996; to the Committee on Envi- District of Columbia, by the Council of the port concerning military education and ronment and Public Works. District of Columbia; and for Maryland, by training to the Dominican Republic; to the EC–3222. A communication from the the the Washington Suburban Transit Commis- Committee on Foreign Relations. Assistant General Counsel for Regulations, sion. For Virginia and Maryland, the direc- EC–3211. A communication from the Assist- Department of Education, transmitting, pur- tors shall be appointed from among the ant Legal Adviser for Treaty Affairs, Depart- suant to law, the rule entitled ‘‘The Postsec- members of the appointing body, except as ment of State, the report of the texts of ondary Education Program for Individuals otherwise provided herein, and shall serve international agreements, other than trea- with Disabilities,’’ received on June 25, 1996; for a term coincident with their term on the ties; to the Committee on Foreign Relations. to the Committee on Labor and Human Re- appointing body. A director may be removed EC–3212. A communication from the Acting sources. or suspended from office only as provided by Administrator of the General Services Ad- EC–3223. A communication from the Board the law of the signatory from which he was ministration, transmitting, pursuant to law, Members of the Railroad Retirement Board, appointed. The appointing authorities shall the report of informational copies of two transmitting, pursuant to law, the report on also appoint an alternate for each director, lease prospectuses; to the Committee on En- the financial status of the railroad unem- who may act only in the absence of the di- vironment and Public Works. ployment insurance system; to the Com- rector for whom he has been appointed an al- EC–3213. A communication from the Chief mittee on Labor and Human Resources. ternate, except that, in the case of the Dis- Financial Officer of the Department of En- EC–3224. A communication from the Direc- trict of Columbia where only one director ergy, transmitting, pursuant to law, the re- tor of Regulations Policy, Management and his alternate are present, such alternate port of a detailed description of the compli- Staff, Office of Policy, Food and Drug Ad- may act on behalf of the absent director. ance activities undertaken by the Depart- ministration, Department of Health and Each alternate shall serve at the pleasure of ment for mixed waste streams; to the Com- Human Services, transmitting, pursuant to the appointing authority. In the event of a mittee on Environment and Public Works. law, a rule entitled ‘‘Tin-Coated Lead Foil vacancy in the office of director or alternate, EC–3214. A communication from the Direc- Capsules for Wine Bottles,’’ received on June it shall be filled in the same manner as an tor of the Office of Congressional Affairs, 19, 1996; to the Committee on Labor and original appointment. U.S. Nuclear Regulatory Commission, trans- Human Resources. ‘‘Section 8 mitting, pursuant to law, the rule entitled EC–3225. A communication from the Assist- ‘‘(a) Four directors or alternates consisting ‘‘Production and Utilization Facilities,’’ ant Secretary for Occupational Safety and (RIN3150–AF20) received on June 13, 1996; to of at least one director or alternate ap- Health, Department of Labor, transmitting, pointed from each signatory, shall constitute the Committee on Environment and Public pursuant to law, the rule entitled ‘‘Consoli- Works. a quorum and no action by the board shall be dation of Repetitive Provisions,’’ (RIN1218– effective unless a majority of the board EC–3215. A communication from the Assist- AB53) received on June 19, 1996; to the Com- ant Secretary for Fish and Wildlife and present and voting, which majority shall in- mittee on Labor and Human Resources. clude at least one director or alternate from Parks, Department of the Interior, transmit- EC–3226. A communication from the Dep- ting, pursuant to law, the report of a final each signatory, concur therein; provided, uty Executive Director and Chief Operating however, that a plan of financing may be rule concerning reclassification of the Salt- Officer, Pension Benefit Guaranty Corpora- water Crocodile Population in Australia, adopted or a mass transit plan adopted, al- tion, transmitting, pursuant to law, the re- tered, revised or amended by the unanimous (RIN1018–AC30) received on June 17, 1996; to port of a final rule entitled ‘‘Reorganization, the Committee on Environment and Public vote of the directors representing any two Renumbering, and Reinvention of Regula- signatories. Works. tions,’’ (RIN1212–AA75) received on June 25, EC–3216. A communication from the Assist- ‘‘ARTICLE VI 1996; to the Committee on Labor and Human ant Secretary for Fish and Wildlife and Resources. ‘‘Section 14 Parks, Department of the Interior, transmit- EC–3227. A communication from the Direc- ‘‘(b) It shall be the duty and responsibility ting, pursuant to law, the report of a final tor of the Office of Regulatory Management of each member of the board to serve as liai- rule concerning the Ohio River Islands Na- and Information, Environmental Protection son between the board and the body which tional Wildlife Refuge, (RIN1018–AD43) re- Agency, transmitting, pursuant to law, the appointed him to the board. To provide a ceived on June 17, 1996; to the Committee on report of thirteen rules entitled ‘‘Tolerance framework for regional participation in the Environment and Public Works. Exemption,’’ (FRL5376–3, 5377–7, 5370–8, 5371– planning process, the board shall create EC–3217. A communication from the Assist- 4, 5372–5, 5375–9, 5374–7, 5373–5, 5521–5, 5522–6, technical committees concerned with plan- ant Secretary for Fish and Wildlife and 5521–4, 5372–4, 5521–7) received on June 20, ning and collection and analyses of data rel- Parks, Department of the Interior, transmit- 1996; to the Committee on Environment and ative to decision-making in the transpor- ting, pursuant to law, the report of a final Public Works. tation planning proces and the mayor and rule concerning the Great Bay National council of the District of Columbia, the com- Wildlife Refuge, (RIN1018–AD44) received on f ponent governments of the Northern Vir- June 17, 1996; to the Committee on Environ- PETITIONS AND MEMORIALS ginia Transportation District and the Wash- ment and Public Works. ington Suburban Transit District shall ap- EC–3218. A communication from the Direc- The following petitions and memo- point representatives to such technical com- tor of the Office of Regulatory Management rials were laid before the Senate and mittees and otherwise cooperate with the and Information, Environmental Protection were referred or ordered to lie on the board in the formulation of a mass transit Agency, transmitting, pursuant to law, the table as indicated: plan, or in revisions, alterations or amend- report of a rule entitled ‘‘Federal Operating ments thereof. Permits Program,’’ (RIN2060–AD68) received POM–639. A petition adopted by the Legis- ‘‘Section 15 on June 24, 1996; to the Committee on Envi- lature of the State of Maryland; to the Com- ronment and Public Works. mittee on Governmental Affairs. ‘‘(a) Before a mass transit plan is adopted, altered, revised or amended, the board shall EC–3219. A communication from the Direc- ‘‘HOUSE BILL 712 tor of the Office of Regulatory Management transmit such proposed plan, alteration, re- ‘‘TITLE III.—ARTICLE— vision or amendment for comment to the fol- and Information, Environmental Protection TRANSPORTATION Agency, transmitting, pursuant to law, the lowing and to such other agencies as the report of two rules entitled ‘‘Approval and ‘‘Section 10–204 board shall determine: Promulgation of Implementation Plans,’’ ‘‘ARTICLE III ‘‘(1) The Mayor and Council of the District of Columbia, the Northern Virginia Trans- (FRL5511–4, 5525–4) received on June 18, 1996; ‘‘Section 3 portation Commission and the Washington to the Committee on Environment and Pub- ‘‘There is hereby created the Washington lic Works. Suburban Transit Commission; Metropolitan Area Transit Zone which shall ‘‘(2) The governing bodies of the counties EC–3220. A communication from the Direc- embrace the District of Columbia, the cities and cities embraced within the zone; tor of the Office of Regulatory Management of Alexandria, Falls Church and Fairfax, and ‘‘(3) The transportation agencies of the sig- and Information, Environmental Protection the counties of Arlington, Fairfax, and natories; Agency, transmitting, pursuant to law, the Loudoun and political subdivisions of the ‘‘(4) The Washington Metropolitan Area report of four rules entitled ‘‘Hazardous Commonwealth of Virginia located within Transit Commission; Waste Management System,’’ (FRL5529–1, those counties, and the counties of Mont- ‘‘(5) The Washington Metropolitan Council 5464–7, 5516–7, 5528–4) received on June 25, gomery and Prince George’s in the State of of Governments; 1996; to the Committee on Environment and Maryland and political subdivisions of the ‘‘(6) The National Capital Planning Com- Public Works. State of Maryland located in said counties. mission; EC–3221. A communication from the Direc- ‘‘(7) The National Capital Regional Plan- tor of the Office of Regulatory Management ‘‘Section 5 ning Council; and Information, Environmental Protection ‘‘(a) The Authority shall be governed by a ‘‘(8) The Maryland-National Capital Park Agency, transmitting, pursuant to law, the board of six directors consisting of two direc- and Planning Commission; report of seven rules entitled ‘‘Regulation of tors for each signatory. For Virginia, the di- ‘‘(9) The Northern Virginia Regional Plan- Fuels and Fuel Additives,’’ (FRL5522–2, 5519– rectors shall be appointed by the Northern ning and Economic Development Commis- 2, 5524–4, 5524–9, 5456–4, 5523–7, 5526–4) received Virginia Transportation Commission; for the sion;

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7176 CONGRESSIONAL RECORD — SENATE June 27, 1996 ‘‘(10) The Maryland Office of Planning; and its organization. This title shall become ef- of Columbia and the Commonwealth of Vir- ‘‘(11) The private transit companies oper- fective ninety days after the enactment of ginia; that the District of Columbia and the ating in the zone and the labor unions rep- concurring legislation by or on behalf of the Commonwealth of Virginia are requested to resenting the employees of such companies District of Columbia, Maryland and Virginia concur in this Act of the General Assembly and employees of contractors providing serv- and consent thereto by the Congress and all by the passage of substantially similar Acts; ice under operating contracts. other acts or actions have been taken, in- that the Department of Legislative Ref- ‘‘(b) A copy of the proposed mass transit cluding the signing and execution of the title erence shall notify the appropriate officials plan, amendment or revision, shall be kept by the Governors of Maryland and Virginia of the District of Columbia, the Common- at the office of the board and shall be avail- and the Mayor and Council of the District of wealth of Virginia, and the United States able for public inspection. Information with Columbia. Congress of the passage of this Act; and that, respect thereto shall be released to the pub- ‘‘Section 2. And be it further enacted, That upon the concurrence in Section 1 of this Act lic. After thirty days’ notice published once this Act may not take effect until semilar by the District of Columbia, the Common- a week for two successive weeks in one or Acts are passed by the District of Columbia wealth of Virginia, and the United States, more newspapers of general circulation with- and the Commonwealth of Virginia; that the the Governor of the State of Maryland shall in the zone, a public hearing shall be held District of Columbia and the Commonwealth issue a proclamation declaring this Act valid with respect to the proposed plan, alteration, of Virginia are requested to concur in this and effective and shall forward a copy of the revision or amendment. The thirty-days’ no- Act of the General Assembly by the passage proclamation to the Director of the Depart- tice shall begin to run on the first day the of substantially similar Acts; that the De- ment of Legislative Reference. notice appears in any such newspaper. The partment of Legislative Reference shall no- ‘‘Section 5. And be it further enacted, That, board shall consider the evidence submitted tify the appropriate officials of the District subject to the provisions of Section 4 of this and statements and comments made at such of Columbia, the Commonwealth of Virginia, Act, this Act shall take effect October 1, hearing and may make any changes in the and the United States Congress of the pas- 1996.’’ proposed plan, amendment or revision which sage of this Act; and that, upon the concur- it deems appropriate and such changes may rence in this Act by the District of Colum- POM–641. A resolution adopted by the be made without further hearing. bia, the Commonwealth of Virginia, and the House of the Commonwealth of Pennsyl- ‘‘ARTICLE VII United States, the Governor of the State of vania; to the Committee on Environment ‘‘Section 18 Maryland shall issue a proclamation declar- and Public Works. ing this Act valid and effective and shall for- ‘‘HOUSE RESOLUTION NO. 401 ‘‘(c) With respect to the federal govern- ward a copy of the proclamation to the Di- ‘‘Whereas, The United States Supreme ment, the commitment or obligation to rector of the Department of Legislative Ref- Court has issued a series of decisions holding render financial assistance shall be created erence. that the Commerce Clause of the Constitu- by appropriation or in such other manner, or ‘‘Section 3. And be it further enacted, That, tion of the United Stats prohibits states by such other legislation, as the Congress subject to the provisions of Section 2 of this from restricting the importation of solid shall determine. Commitments by the Dis- Act, this Act shall take effect October 1, waste from other states; and trict of Columbia shall be by contract or 1996.’’ agreement between the governing body of ‘‘Whereas, Over the past several years own- ers and operators of solid waste landfills lo- the District of Columbia and the Authority, POM–640. A petition adopted by the Legis- cated in this Commonwealth have increased pursuant to which the Authority undertakes, lature of the State of Maryland; to the Com- significantly the amount of solid waste that subject to the provisions of Section 20 here- mittee on Governmental Affairs. of, to provide transit facilities and service in they accept from other states; and ‘‘HOUSE BILL 711 consideration for the undertaking by the ‘‘Whereas, According to statistics compiled District of Columbia to contribute to the ‘‘(a) The board shall not raise any fare or by the Department of Environmental Protec- capital required for the construction and/or rate, nor implement a major service reduc- tion, the percentage of solid waste disposed acquisition of facilities specified in a mass tion, except after holding a public hearing of in this Commonwealth that is imported transit plan adopted as provided in Article with respect thereto. from other states has increased in each of VI, or in any alteration, revision or amend- ‘‘(c) The board shall give at least fifteen the past five years; and ment thereof, and for meeting expenses and days’ notice for all public hearings. The no- ‘‘Whereas, According to statistics compiled obligations incurred in the operation of such tice shall be given by publication in a news- by the Department of Environmental Protec- facilities. paper of daily circulation throughout the tion, in 1995 imported waste made up 39.2 transit zone and such notice shall be pub- percent of the solid waste disposal of in land- ‘‘ARTICLE XVI lished once a week for two successive weeks. fills located in this Commonwealth; and ‘‘Section 81 The notice period shall start with the first ‘‘Whereas, New York State and New York ‘‘The United States District Courts shall day of publication. Notices of public hear- City recently announced plans to close by have original jurisdiction, concurrent with ings shall be posted in accordance with regu- the year 2001 the Fresh Kills landfill located the courts of Maryland, Virginia and the Dis- lations promulgated by the board. on Staten Island, which currently accepts trict of Columbia, of all actions brought by ‘‘Section 2. And be it further enacted, That, 13,000 tons of waste per day from New York or against the Authority and to enforce sub- in Maryland, the Washington Metropolitan City, and the city’s sanitation director stat- poenas issued under this title. Any such ac- Area Transit Authority shall conform with ed that the city would consider sending its tion initiated in a State or District of Co- the following standards that constitute a waste to landfills in Pennsylvania, among lumbia court shall be removable to the ap- major service reduction. A major service re- other places; and propriate United States District Court in the duction includes: (1) one or more reductions ‘‘Whereas, The present and projected fu- manner provided by Act of June 25, 1948, as in a single year that represent a total reduc- ture levels of solid waste that owners and op- amended (28 U.S.C. 1446). tion of more than 20% in that year in the erators of landfills and incinerators located ‘‘Section 84 number of scheduled revenue miles; (2) one in this Commonwealth import from other or more reductions in a single year that rep- states poses environmental, aesthetic and ‘‘Amendments and supplements to this resent a total reduction of more than 1 hour traffic problems and is unfair to citizens of title to implement the purposes thereof may in that year in the hours of service; (3) one his Commonwealth, particularly citizens liv- be adopted by legislative action of any of the or more reductions in a single year that rep- ing in areas where landfills and incinerators signatory parties concurred in by all of the resent a total reduction of more than 15% in are located; and others. When one signatory adopts an that year in the number of route miles; or (4) ‘‘Whereas, In 1988 the Commonwealth amendment or supplement to an existing one or more eliminations of service in a sin- adopted a law designed to reduce the need for section of the compact, that amendment or gle year that represent a total elimination of additional landfills and incinerators by re- supplement shall not be immediately effec- service in that year for more than 10% of quiring and encouraging recycling of certain tive, and the previously enacted provision or current riders. Any change that does not materials; and provisions shall remain in effect in each ju- conform with these standards shall con- ‘‘Whereas, It is within the power of Con- risdiction until the amendment or supple- stitute a minor service reduction. gress to delegate authority to the states to ment is approved by the other signatories ‘‘Section 3. And be it further enacted, That, restrict the amount of solid waste they im- and is consented to by Congress. in Maryland, any posting of notice of public port from other states; and ‘‘Section 86 hearing regulations adopted by the Wash- ‘‘Whereas, Legislation has been introduced ‘‘This title shall be adopted by the signato- ington Metropolitan Area Transit Authority in both houses of Congress, and passed by the ries in the manner provided by law therefor under this Act shall include requirements for United States Senate, that would give states and shall be signed and sealed in four dupli- advanced posting of notice at stations, ter- authority to impose reasonable restrictions cate original copies. One such copy shall be minals, but shelters, and vehicles that serve on the amount of solid waste imported from filed with the Secretary of State of each of members of the public that are directly af- other states; and the signatory parties or in accordance with fected by a proposed change. ‘‘Whereas, Passage of such legislation by the laws of the state in which the filing is ‘‘Section 4. And be it further enacted, That Congress may hinge upon the success of ne- made, and one copy shall be filed and re- Section 1 of this Act may not take effect gotiations between certain states that im- tained in the archives of the authority upon until similar Acts are passed by the District port and export trash; and

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7177 ‘‘Whereas, Recently Governor Ridge and United States Senate, that would give states express disapproval of Norway for its com- the governors of four other states wrote to authority to impose reasonable restrictions mercial whaling policies and for the raising the Honorable George Pataki; Governor of on the amount of solid waste imported from of its quotas on minke whales. New York, expressing their desire to reach other states; and ‘‘2. Duly authenticated copies of this reso- an accord on authorizing states to place rea- ‘‘Whereas, Passage of such legislation by lution, signed by the President of the Senate sonable limits on the importation of solid Congress may hinge upon the success of ne- and attested to by the Secretary thereof, waste; and gotiations between certain states that im- shall be transmitted to the King and Prime ‘‘Whereas, The failure of Congress to act port and export trash; and Minister of Norway, the President, Vice will harm the Commonwealth by allowing ‘‘Whereas, Recently Governor Ridge and President and the Secretary of State of the the continued unrestricted flow of solid the governors of four other states wrote to United States, the United States Ambas- waste generated in other states to landfills the Honorable George Pataki, Governor of sador to Norway, and the members of the and incinerators located in this Common- New York, expressing their desire to reach Congress of the United States. wealth; therefore be it an accord on authorizing states to place rea- ‘‘STATEMENT ‘‘Resolved, That the House of Representa- sonable limits on the importation of solid ‘‘This resolution requests the President tives memorialize Congress to approve legis- waste; and and the Secretary of State of the United lation authorizing states to restrict the ‘‘Whereas, The failure of Congress to act States to express disapproval of Norway for amount of solid waste they import from will harm the Commonwealth by allowing its commercial whaling policies and for the other states; and be it further the continued unrestricted flow of solid ‘‘Resolved, That the House of Representa- waste generated in other states to landfills raising of its quotas on minke whales. Nor- tives memorialize the Governor of New York and incinerators located in this Common- way, in the face of an international ban on to support legislation giving states the au- wealth; therefore be it minke whale hunting, recently increased its thority to place reasonable restrictions upon ‘‘Resolved, That the Senate memorialize minke whale quotas from 232 to 425 whales. the amount of solid waste imported from Congress to approve legislation authorizing It is estimated that the total world popu- other states; and be it further states to restrict the amount of solid waste lation of minke whales is 110,000 to 120,000 ‘‘Resolved, That copies of this resolution be they import from other states; and be it fur- whales. transmitted to the Honorable George Pataki, ther ‘‘Requests the President and the Secretary Governor of New York, the presiding officers ‘‘Resolved, That the Senate memorialize of State of the United States to express dis- of each house of Congress and to each mem- the Governor of New York to support legisla- approval of Norway for its commercial whal- ber of Congress from Pennsylvania.’’ tion giving states the authority to place rea- ing policies and for the raising of its quotas sonable restrictions upon the amount of on minke whales.’’ POM–642. A resolution adopted by the Sen- solid waste imported from other states; and POM–644. A resolution adopted by the Leg- ate of the Commonwealth of Pennsylvania; be it further islature of the State of Alaska; to the Com- to the Committee on Environment and Pub- ‘‘Resolved, That copies of this resolution be mittee on Environment and Public Works. lic Works. transmitted to the Honorable George Pataki, ‘‘SENATE JOINT RESOLUTION 38 ‘‘SENATE RESOLUTION NO. 138 Governor of New York, the presiding officers of each house of Congress and to each mem- ‘‘Whereas, The Supreme Court of the ‘‘Whereas the United States Environ- ber of Congress from Pennsylvania.’’ United States has issued a series of decisions mental Protection Agency has proposed new holding that the Commerce Clause of the rules to expand the Toxics Release Inventory POM–643. A resolution adopted by the Gen- Constitution of the United States prohibits (TRI) Program; and eral Assembly of the State of New Jersey; to states from restricting the importation of ‘‘Whereas this expansion could add electric the Committee on Commerce, Science, and solid waste from other states; and utilities, waste management facilities, min- Transportation. ‘‘Whereas, Over the past several years own- ing, oil and gas exploration and production, ers and operators of solid waste landfills and ‘‘ASSEMBLY RESOLUTION NO. 99 materials recovery and recycling, and some resource recovery facilities located in this ‘‘Whereas, Whales have been recognized warehousing activities to the list of facili- Commonwealth have increased significantly internationally since the 1960s as animals ties required to report toxic chemical re- the amount of solid waste that they accept unnecessarily threatened with extinction be- leases under the TRI program; and from other states; and cause of the variety of alternative sources in ‘‘Whereas only manufacturing facilities ‘‘Whereas, According to statistics compiled modern time for the products and by-prod- must currently report under the TRI pro- by the Department of Environmental Protec- ucts derived from whales; and gram and there are significant fundamental tion, the percentage of solid waste disposed ‘‘Whereas, The International Whaling Com- differences between manufacturing facilities of in this Commonwealth that is imported mission voted in 1982 to impose a morato- and the facilities threatened with addition to from other states has increased in each of rium on all commercial whaling at the end of the list; and the past five years; and the 1984–85 season; and ‘‘Whereas nearly all of the produced water, ‘‘Whereas, According to statistics compiled ‘‘Whereas, The principal whaling nations— natural gas, and other miscellaneous mate- by the Department of Environmental Protec- Japan, Norway and Russia (then the Soviet rials from oil and gas exploration and pro- tion, in 1995 imported waste made up 35.4% of Union)—did not agree to the moratorium duction facilities are discharged to deep dis- the solid waste disposed of in landfills and until 1988, and in 1992, Norway announced it posal wells far below the groundwater aqui- resource recovery facilities located in this would resume hunting minke whales be- fer; and Commonwealth; and cause, in Norway’s opinion, the species was ‘‘Whereas the Environmental Protection ‘‘Whereas, New York State and New York no longer in danger of extinction; and Agency’s profiles of various industries not City recently announced plans to close by ‘‘Whereas, The International Whaling Com- currently required to report under the TRI the year 2001 the Fresh Kills landfill located mission specifically banned commercial program assume that typical releases remain on Staten Island, which currently accepts whaling of minke whales in 1993 because of constant; this is not the case for at least 13,000 tons of waste per day from New York the declining numbers of the species; and some operations where the concentrations of City, and the city’s sanitation director stat- ‘‘Whereas, It has been reported by inter- chemicals in wastestreams change con- ed that the city would consider sending its national news services that Norway has al- stantly; and waste to landfills in Pennsylvania, among most doubled its quota from 232 to 425 minke ‘‘Whereas the only way to monitor these other places; and whales for the 1996 season at a time when the varying discharges would be for operators to ‘‘Whereas, The present and projected fu- total world population of minke whales is es- perform regular, expensive wastestream ture levels of solid waste that owners and op- timated at 110,000 to 120,000 whales; and tests; and erators of landfills and incinerators located ‘‘Whereas, Public opposition to this move ‘‘Whereas the information gained from in this Commonwealth import from other has been made all the more apparent by pub- these tests would not benefit communities states poses potential environmental, aes- lished news reports that the head of re- significantly because much of the informa- thetic and traffic problems and is unfair to sources management at the Ministry of Fish- tion regarding on-site hazardous substances citizens of this Commonwealth, particularly eries in Norway said no public announce- is already required to be reported to local citizens living in areas where landfills and ment of this initiative would be made to emergency planning committees, the Alaska resource recovery facilities are located; and avoid violence against whalers; and State Emergency Planning Commission, the ‘‘Whereas, In 1988 the Commonwealth ‘‘Whereas, The United States has been in State Fire Marshall’s office, and local fire adopted a law designed to reduce the need for the forefront of the ‘‘Save the Whales’’ departments; and additional landfills and incinerators by re- movement, by banning the importation of ‘‘Whereas the Alaska State Legislature quiring and encouraging recycling of certain whale products in 1970 and, later in 1972, by considers this proposed rule-making would materials; and prohibiting all commercial hunting of result in an unnecessary, duplicative report- ‘‘Whereas, It is within the power of Con- whales in United States waters; now, there- ing burden; and gress to delegate authority to the states to fore, be it ‘‘Whereas this expanded reporting require- restrict the amount of solid waste they im- ‘‘Be it Resolved by the General Assembly ment will force companies operating in Alas- port from other states; and of the State of New Jersey: ka to redirect financial resources to a re- ‘‘Whereas, Legislation has been introduced ‘‘1. The President and the Secretary of porting effort with far less benefit than cur- in both houses of Congress, and passed by the State of the United States are requested to rent reporting requirements; and

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7178 CONGRESSIONAL RECORD — SENATE June 27, 1996 ‘‘Whereas the State of Alaska has been im- ation of federalism principles within the ex- S. 1825. A bill to authorize the Secretary of plementing changes to minimize the cost ercise of executive powers. Transportation to issue a certificate of docu- burden on marginal oil and gas projects and f mentation with appropriate endorsement for those nearing their economic end: Be it employment in the coastwise trade for the ‘‘Resolved that the Alaska State Legisla- REPORTS OF COMMITTEES vessel HALCYON (Rept. No. 104–305). ture respectfully requests that the United The following reports of committees S. 1826. A bill to authorize the Secretary of States Environmental Protection Agency were submitted: Transportation to issue a certificate of docu- cease from imposing additional, duplicative mentation with appropriate endorsement for reporting mandates on industry; and be it By Mr. MCCONNELL, from the Committee employment in the coastwise trade for the further on Appropriations, with an amendment in vessel COURIER SERVICE (Rept. No. 104–306). ‘‘Resolved that, if the Environmental Pro- the nature of a substitute: S. 1828. A bill to authorize the Secretary of tection Agency continues with the imple- H.R. 3540. A bill making appropriations for Transportation to issue a certificate of docu- mentation of the proposed rule, the Alaska foreign operations, export financing, and re- mentation with appropriate endorsement for State Legislature requests that oil and gas lated programs for the fiscal year ending employment in the coastwise trade for the exploration and production be exempted September 30, 1997, and for other purposes vessel TOP GUN, and for other purposes from the TRI program reporting require- (Rept. No. 104–295). (Rept. No. 104–307). ments.’’ By Mr. MURKOWSKI, from the Committee on Energy and Natural Resources, with an f POM–645. A resolution adopted by the Leg- amendment in the nature of a substitute and EXECUTIVE REPORTS OF an amendment to the title: islature of the State of Alaska; to the Com- COMMITTEES mittee on Governmental Affairs. S. 1194. A bill to amend the Mining and Mineral Policy Act of 1970 to promote the re- The following executive reports of ‘‘LEGISLATIVE RESOLVE NO. 70 search, identification, assessment, and ex- committees were submitted on June 26, ‘‘Whereas the United States Congress, by ploration of marine mineral resources, and 1996: its authority to regulate commerce among for other purposes (Rept. No. 104–296). the states, has repeatedly preempted state S. 1225. A bill to require the Secretary of By Mrs. KASSEBAUM, from the Com- laws, including those relating to health, wel- the Interior to conduct an inventory of his- mittee on Labor and Human Resources: fare, transportation, communications, bank- toric sites, buildings, and artifacts in the The following candidates for personnel ac- ing, environment, and civil justice, reducing Champlain Valley and the upper Hudson tion in the regular corps of the Public Health the ability of state legislatures to be respon- River Valley, including the Lake George Service subject to qualifications therefor as sive to their constituents; and area, and for other purposes (Rept. No. 104– provided by law and regulations: ‘‘Whereas more than one-half of all federal 297). 1. FOR APPOINTMENT: laws preempting states have been enacted by By Mr. MURKOWSKI, from the Committee To be assistant surgeon: the Congress since 1969, intensifying an ero- on Energy and Natural Resources, with an John M. Balintona Rochelle Nolte sion of state power that leaves an essential amendment: Al-Karim A. Dhanji David C. Houghton part of our constitutional structure—fed- S. 1646. A bill to authorize and facilitate a John Mohs eralism—standing precariously; and program to enhance safety, training, re- Heidi C. Erickson Mark A. Sheffler ‘‘Whereas the United States Constitution search and development, and safety edu- Tracey A. Ford Kimberly S. Stolz anticipates that our American federalism cation in the propane gas industry for the will allow differences among state laws, ex- benefit of propane consumers and the public, (The above nominations were re- pecting people to seek change through their and for other purposes (Rept. No. 104–298). ported with the recommendation that own legislatures without federal legislators By Mr. MURKOWSKI, from the Committee they be confirmed, subject to the nomi- representing other states preempting states on Energy and Natural Resources, with an to impose national laws; and amendment in the nature of a substitute: nees’ commitment to respond to re- ‘‘Whereas constitutional tension necessary S. 1703. A bill to amend the Act estab- quests to appear and testify before any to protect liberty arises from the fact that lishing the National Park Foundation (Rept. duly constituted committee of the Sen- federal law is ‘‘the supreme Law of the No. 104–299). ate.) Land’’ while, in contrast, powers not dele- By Mr. MURKOWSKI, from the Committee By Mr. THURMOND, from the Committee gated to the federal government are reserved on Energy and Natural Resources, without on Armed Services: to the states or to the people, and that ten- amendment: The following-named officer for appoint- sion can exist only when states are not pre- H.R. 1823. A bill to amend the Central Utah ment to the grade of lieutenant general in empted and, thus, remain credible powers in Project Completion Act to direct the Sec- the U.S. Army while assigned to a position of the federal system; and retary of the Interior to allow for prepay- importance and responsibility under title 10, ‘‘Whereas less federal preemption means ment of repayment contracts between the United States Code, section 601(a): states can act as laboratories of democracy, United States and the Central Utah Water seeking novel social and economic policies Conservancy District dated December 28, To be lieutenant general without risk to the nation; and 1965, and November 26, 1985, and for other Maj. Gen. Joseph E. DeFrancisco, 000–00–0000. ‘‘Whereas S. 1629 is designed to create purposes (Rept. No. 104–300). The following-named officer for reappoint- mechanisms for careful consideration of pro- H.R. 2967. A bill to extend the authoriza- ment to the grade of vice admiral in the U.S. posals that would preempt states in areas tion of the Uranium Mill Tailings Radiation Navy assigned to a position of importance historically within their purview through Control Act of 1978, and for other purposes and responsibility under title 10, United procedural mechanisms in the legislative, (Rept. No. 104–301). States Code, section 601: executive, and judicial branches of govern- By Mr. MURKOWSKI, from the Committee To be vice admiral ment, namely— on Energy and Natural Resources, with an ‘‘(1) in the legislative branch, by requiring amendment: Vice Adm. John S. Redd, 000–00–0000. a statement of constitutional authority and H.R. 3008. A bill to amend the Helium Act The following-named officer for reappoint- an expression of the intent to preempt to authorize the Secretary to enter into ment to the grade of vice admiral in the U.S. states; agreements with private parties for the re- Navy while assigned to a position of impor- ‘‘(2) in the executive branch, by curbing covery and disposal of helium on Federal tance and responsibility under title 10, agencies that may preempt beyond their leg- lands, and for other purposes (Rept. No. 104– United States Code, section 601: islative authority; 302). To be vice admiral ‘‘(3) in the judicial branch, by codifying ju- By Mrs. HUTCHISON, from the Committee Vice Adm. Donald L. Pilling, 000–00–0000. dicial deference to state laws where the Con- on Commerce, Science, and Transportation, gress is not clear in its intent to preempt; be without amendment: The following-named officer for appoint- it S. 1648. A bill to authorize the Secretary of ment to the grade of Admiral in the U.S. ‘‘Resolved, That the Alaska State Legisla- Transportation to issue a certificate of docu- Navy while assigned to a position of impor- ture urges that mentation with appropriate endorsement for tance and responsibility under title 10, ‘‘(1) the congressional delegation of this employment in the coastwise trade for the United States Code, section 601: state cosponsor S. 1629 in order to show its vessel HERCO TYME (Rept. No. 104–303). To be admiral support for a decisive role for states within By Mr. PRESSLER, from the Committee Vice Adm. Thomas J. Lopez, 000–00–0000. the federal system; on Commerce, Science, and Transportation, The following-named officer for appoint- ‘‘(2) the United States Congress enact S. without amendment: ment to the grade of lieutenant general in 1629, the Tenth Amendment Enforcement S. 1682. A bill to authorize the Secretary of the U.S. Army while assigned to a position of Act of 1996, in order to strengthen the polit- Transportation to issue a certificate of docu- importance and responsibility under title 10, ical safeguards of federalism as anticipated mentation with appropriate endorsement for United States Code, section 601(a): under the United States Constitution; and employment in the coastwise trade for the ‘‘(3) the President of the United States sign vessel LIBERTY, and for other purposes To be lieutenant general S. 1629 as a means of ensuring full consider- (Rept. No. 104–304). Maj. Gen. Joseph W. Kinzer, 000–00–0000.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7179 The following-named officer for appoint- **In the Army there are 6 promotions to as the ‘‘Ohio River Division Laboratory of ment to the grade of vice admiral in the the grade of major (list begins with Gregory the Army Corps of Engineers’’, and for other U.S. Navy while assigned to a position of B. Baxter) (Reference No. 1173). purposes; to the Committee on Environment importance and responsibility under title 10, **In the Marine Corps there are 636 pro- and Public Works. United States Code, section 601: motions to the grade of major (list begins By Mr. ABRAHAM (for himself and Mr. To be vice admiral with Mark D. Abelson) (Reference No. 1174). SHELBY): Rear Adm. (Selectee) Charles S. Abbott, 000– Total: 983. S. 1917. A bill to authorize the State of 00–0000. By Mr. HATCH, from the Committee on Michigan to implement the demonstration the Judiciary: project known as ‘‘To Strengthen Michigan The following-named officer for appoint- Arthur Gajarsa, of Maryland, to be U.S. Families″; to the Committee on Finance. ment to the grade of lieutenant general in Circuit Judge for the Federal Circuit. By Mr. ROTH (for himself, Mr. MOY- the U.S. Army while assigned to a position of Frank R. Zapata, of Arizona, to be U.S. NIHAN, Mr. CHAFEE, Mr. BAUCUS, Mr. importance and responsibility under title 10, District Judge for the District of Arizona. SIMPSON, Mr. CONRAD, Mr. GRASSLEY, United States Code, section 601(a): Joan B. Gottschall, of Illinois, to be U.S. Ms. MOSELEY-BRAUN, Mr. BRADLEY, To be lieutenant general District Judge for the Northern District of Mr. ROCKEFELLER, Mr. MURKOWSKI, Maj. Gen. William M. Steele, 000–00–0000. Illinois. Mr. NICKLES, Mr. PRYOR, Mr. The following-named officer for appoint- Lawrence E. Kahn, of New York, to be U.S. GRAHAM, Mr. BREAUX, Mr. GRAMM, ment to the grade of lieutenant general in District Judge for the Northern District of Mr. D’AMATO, Mr. HATCH, Mr. PRESS- the U.S. Marine Corps while assigned to a New York. LER, and Mr. LOTT): position of importance and responsibility Margaret M. Morrow, of California, to be S. 1918. A bill to amend trade laws and re- under the provisions of section 601(a), title U.S. District Judge for the Central District lated provisions to clarify the designation of 10, United States Code: of California. normal trade relations; to the Committee on To be lieutenant general Robert L. Hinkle, of Florida, to be U.S. Finance. District Judge for the Northern District of By Mr. COVERDELL: Maj. Gen. Peter Pace, 000–00–0000. Florida. S. 1919. A bill to amend the Controlled Sub- The following-named officer for appoint- stances Import and Export Act to prohibit ment to the grade of vice admiral in the U.S. (The above nominations were re- ported with the recommendation that the use of an imported controlled substance Navy while assigned to a position of (including flunitrazepam) to commit a fel- importance and responsibility under title 10, they be confirmed, subject to the nomi- ony, and for other purposes; to the Com- United States Code, sections 601 and 5141: nees’ commitment to respond to re- mittee on the Judiciary. CHIEF OF NAVAL PERSONNEL quests to appear and testify before any By Mr. MURKOWSKI: To be vice admiral duly constituted committee of the Sen- S. 1920. A bill to amend the Alaska Na- Rear Adm. Daniel T. Oliver, 000–00–0000. ate.) tional Interest Lands Conservation Act, and for other purposes; to the Committee on En- The following-named officer for appoint- f ment to the grade of lieutenant general in ergy and Natural Resources. the U.S. Army while assigned to a position of INTRODUCTION OF BILLS AND By Mr. CRAIG: importance and responsibility under title 10, JOINT RESOLUTIONS S. 1921. A bill to authorize the Secretary of United States Code, section 601(a): the Interior to transfer certain facilities at The following bills and joint resolu- the Minidoka project to the Burley Irriga- To be lieutenant general tions were introduced, read the first tion District, and for other purposes; to the Maj. Gen. Dennis L. Benchoff, 000–00–0000. and second time by unanimous con- Committee on Energy and Natural Re- (The above nominations were re- sent, and referred as indicated: sources. ported with the recommendation that By Mrs. BOXER: f they be confirmed.) S. 1910. A bill to amend the Public Health SUBMISSION OF CONCURRENT AND Mr. THURMOND. Mr. President, for Service Act to provide for expanding, inten- SENATE RESOLUTIONS the Committee on Armed Services, I sifying, and coordinating activities of the report favorably the attached listing of National Heart, Lung, and Blood Institute The following concurrent resolutions nominations. Those identified with a with respect to heart attack, stroke, and and Senate resolutions were read, and other cardiovascular diseases in women; to referred (or acted upon), as indicated: double asterisk (**) are to lie on the the Committee on Labor and Human Re- Secretary’s desk for the information of sources. By Mr. HELMS (for himself, Mr. PELL, any Senator since these names have al- By Ms. MOSELEY-BRAUN (for herself Mr. LOTT, Mr. DASCHLE, Mr. BROWN, ready appeared in the CONGRESSIONAL and Mr. JEFFORDS): Mrs. FEINSTEIN, Mr. REID, Ms. MOSELEY-BRAUN, Mr. BRYAN, Mr. RECORD of June 18 and June 21, 1996, S. 1911. A bill to amend the Internal Rev- COATS, Mr. BAUCUS, Mr. MOYNIHAN, and ask unanimous consent, to save enue Code of 1986 to encourage economic de- velopment through the creation of additional Mr. DOMENICI, Mr. GRAMM, and Mr. the expense of reprinting on the Execu- COVERDELL): tive Calendar, that these nominations empowerment zones and enterprise commu- nities and to encourage the cleanup of con- S. Res. 273. A resolution condemning terror lie at the Secretary’s desk for the in- taminated brownfield sites; to the Com- attacks in Saudi Arabia; considered and formation of Senators. mittee on Finance. agreed to. The PRESIDING OFFICER. Without By Mr. PRYOR: By Mrs. FEINSTEIN (for herself and objection, it is so ordered. S. 1912. A bill to clarify the provision of Mrs. BOXER): (The nominations ordered to lie on section 3626(b) of title 39, United States S. Res. 274. A resolution to express the the Secretary’s desk were printed in Code, defining an ‘‘institution of higher edu- sense of the Senate regarding the out- standing achievements of NetDay96; to the the RECORDS of June 18 and June 21, cation’’; to the Committee on Governmental Committee on the Judiciary. 1996, at the end of the Senate pro- Affairs. By Mr. D’AMATO (for himself and Mr. By Mr. WELLSTONE (for himself, Mr. ceedings.) KENNEDY, Mrs. MURRAY, Mr. WYDEN, **In the Air Force there are 31 appoint- MOYNIHAN): S. 1913. A bill to establish the Lower East Mr. FEINGOLD, Mr. AKAKA, Mr. SIMON, ments to the grade of second lieutenant (list and Mr. SARBANES): begins with Brian K. Bakshas) (Reference Side Tenement Museum National Historic Site, and for other purposes; to the Com- S. Con. Res. 66. A concurrent resolution to No. 1166). express the sense of the Congress that any **In the Air Force Reserve there are 50 pro- mittee on Energy and Natural Resources. By Mr. HATCH: welfare reform legislation enacted by the motions to the grade of lieutenant colonel Congress should include provisions address- (list begins with Daniel A. Babine) (Ref- S. 1914. A bill to amend the Internal Rev- enue Code of 1986 to clarify the treatment of ing domestic violence; to the Committee on erence No. 1167). Finance. **In the Air Force there are 170 appoint- research related to an existing business com- ments to the grade of second lieutenant (list ponent; to the Committee on Finance. f begins with Justin L. Abold) (Reference No. By Mr. JEFFORDS: STATEMENTS ON INTRODUCED S. 1915. A bill to amend the Endangered 1168). BILLS AND JOINT RESOLUTIONS **In the Air force Reserve there are 31 pro- Species Act of 1973 to prohibit the sale of motions to the grade of lieutenant colonel products labeled as containing endangered By Mrs. BOXER: (list begins with Larry D. Biggers) (Ref- species, and for other purposes; to the Com- S. 1910. A bill to amend the Public erence No. 1171). mittee on Environment and Public Works. **In the Army Reserve there are 49 pro- By Mr. DEWINE: Health Service Act to provide for ex- motions to the grade of colonel and below S. 1916. A bill to authorize the Secretary of panding, intensifying, and coordinating (list begins with Gregory K. Austin) (Ref- the Army to convey to the village of activities of the National Heart, Lung, erence No. 1172). Mariemont, Ohio, a parcel of land referred to and Blood Institute with respect to

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7180 CONGRESSIONAL RECORD — SENATE June 27, 1996 heart attack, stroke, and other cardio- SEC. 2. FINDINGS. ‘‘(c) CERTAIN PROGRAMS.—In carrying out vascular diseases in women; to the The Congress finds as follows with respect subsection (a), the Director of the Institute Committee on Labor and Human Re- to women in the United States: shall conduct or support research to expand (1) Heart attack, stroke, and other cardio- the understanding of the causes of, and to sources vascular diseases are the leading causes of develop methods for preventing, cardio- THE WOMEN’S CARDIOVASCULAR DISEASES death in women. vascular diseases in women. Activities under RESEARCH AND PREVENTION ACT (2) Heart attacks and strokes are leading such subsection shall include conducting and Mrs. BOXER. Mr. President, today I causes of disability in women. supporting the following: am introducing the Women’s Cardio- (3) Cardiovascular diseases claim the lives ‘‘(1) Research to determine the reasons un- vascular Diseases Research and Pre- of more women each year than does cancer. derlying the prevalence of heart attack, vention Act, a bill to expand and inten- Each year more than 479,000 females die of stroke, and other cardiovascular diseases in cardiovascular diseases, while approximately women, including African-American women sify research and educational outreach 246,000 females die of cancer. Heart attack and other women who are members of racial programs regarding cardiovascular dis- kills more than 5 times as many females as or ethnic minority groups. eases in women. This bill will aid our breast cancer. Stroke kills twice as many fe- ‘‘(2) Basic research concerning the etiology Nation’s doctors and scientists in de- males as breast cancer. and causes of cardiovascular diseases in veloping a coordinated and comprehen- (4) One in 5 females has some form of car- women. sive strategy for fighting this terrible diovascular disease. Of females under age 65, ‘‘(3) Epidemiological studies to address the frequency and natural history of such dis- disease. each year more than 20,000 die of heart at- tacks. In the case of African-American eases and the differences among men and Cardiovascular disease is the No. 1 women, and among racial and ethnic groups, killer of women in the United States. women, from ages 35 to 74 the death rate from heart attacks is approximately twice with respect to such diseases. Over 479,000 women die from cardio- that of white women and 3 times that of ‘‘(4) The development of safe, efficient, and vascular disease each year and 1 in 5 women of other races. cost-effective diagnostic approaches to eval- women has some form of the disease. (5) Each year since 1984, cardiovascular dis- uating women with suspected ischemic heart eases have claimed the lives of more females disease. Research is our best hope for averting ‘‘(5) Clinical research for the development than males. In 1992, of the number of individ- this national tragedy which strikes so and evaluation of new treatments for uals who died of such diseases, 52 percent many of our grandmothers, mothers, women, including rehabilitation. were females and 48 percent were males. ‘‘(6) Studies to gain a better understanding aunts and daughters. (6) The clinical course of cardiovascular The Women’s Cardiovascular Dis- of methods of preventing cardiovascular dis- diseases is different in women than in men, eases in women, including applications of ef- eases Research and Prevention Act au- and current diagnostic capabilities are less thorizes $140 million to the National fective methods for the control of blood pres- accurate in women than in men. Once a sure, lipids, and obesity. Heart, Lung and Blood Institute to ex- woman develops a cardiovascular disease, ‘‘(7) Information and education programs pand and intensify research, preven- she is more likely than a man to have con- for patients and health care providers on tion, and educational outreach pro- tinuing health problems, and she is more risk factors associated with heart attack, grams for heart attack, stroke and likely to die. stroke, and other cardiovascular diseases in (7) Of women who have had a heart attack, other cardiovascular diseases in women, and on the importance of the preven- approximately 44 percent die within 1 year of tion or control of such risk factors and time- women. the attack. Of men who have had such an at- This bill will educate women and doc- ly referral with appropriate diagnosis and tack, 27 percent die within 1 year. At older treatment. Such programs shall include in- tors about the dire threat heart disease ages, women who have had a heart attack formation and education on health-related poses to women’s health. It will help are twice as likely as men to die from the at- behaviors that can improve such important train doctors to better recognize symp- tack within a few weeks. Women are more risk factors as smoking, obesity, high blood toms of cardiovascular disease which likely than men to have stroke during the cholesterol, and lack of exercise. are unique to women. It would also first 6 years following a heart attack. More ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— teach women about risk factors, such than 60 percent of women who suffer a stroke For the purpose of carrying out this section, die within 8 years. Long-term survivorship of there are authorized to be appropriated as smoking, obesity, and physical inac- stroke is better in women than in men. Of in- $140,000,000 for fiscal year 1997, and such sums tivity, which greatly increase their dividuals who die from a stroke, each year as may be necessary for each of the fiscal chances of developing coronary heart approximately 61 percent are females. In years 1998 and 1999. The authorization of ap- disease. 1992, 87,124 females died from strokes. Women propriations established in the preceding For years, women have been under- have unrecognized heart attacks more fre- sentence is in addition to any other author- represented in studies conducted on quently than men. Of women who died sud- ization of appropriation that is available for heart disease and stroke. Models and denly from heart attack, 63 percent had no such purpose.’’. tests for detection have been conducted previous evidence of disease. (8) More than half of the annual health By Ms. MOSELEY-BRAUN (for largely on men. This legislation will care costs that are related to cardiovascular herself and Mr. JEFFORDS): help ensure that women are well rep- diseases are attributable to the occurrence of S. 1911. A bill to amend the Internal resented in future heart and stroke re- the diseases in women, each year costing Revenue Code of 1986 to encourage eco- search studies. this nation hundreds of billions of dollars in nomic development through the cre- The Women’s Cardiovascular Dis- health care costs and lost productivity. ation of additional empowerment zones eases Research and Prevention Act has SEC. 3. EXPANSION AND INTENSIFICATION OF AC- and enterprise communities and to en- been introduced in the House by Rep- TIVITIES REGARDING HEART AT- TACK, STROKE AND OTHER CARDIO- courage the cleanup of contaminated resentative WATERS, and it has been in- VASCULAR DISEASES IN WOMEN. brownfield sites; to the Committee on cluded in the Women’s Health Equity Subpart 2 of part C of title IV of the Public Finance. Act, a broader package of bills to bring Health Service Act (42 U.S.C. 285b et seq.) is THE COMMUNITY EMPOWERMENT ACT OF 1996 national attention to women’s health amended by inserting after section 424 the Ms. MOSELEY-BRAUN. Mr. Presi- following section: issues. dent, it gives me great pleasure, to- I urge my colleagues to commit to ‘‘HEART ATTACK, STROKE, AND OTHER gether with my colleagues, Senators combating cardiovascular disease by CARDIOVASCULAR DISEASES IN WOMEN D’AMATO and JEFFORDS, to introduce supporting this bill. ‘‘SEC. 424A. (a) IN GENERAL.—The Director the Community Empowerment Act of I ask unanimous consent that the of the Institute shall expand, intensify, and 1996. This is economic development leg- full text of the bill be printed in the coordinate research and related activities of islation that will create new growth RECORD. the Institute with respect to heart attack, There being no objection, the bill was stroke, and other cardiovascular diseases in and new jobs, by facilitating the clean- women. up and reuse of what are called ordered to be printed in the RECORD, as ‘‘(b) COORDINATION WITH OTHER INSTI- follows: brownfield industrial and commercial TUTES.—The Director of the Institute shall sites, and by adding 20 additional em- S. 1910 coordinate activities under subsection (a) powerment zones and 80 additional en- Be it enacted by the Senate and House of Rep- with similar activities conducted by the terprise communities all across the Na- resentatives of the United States of America in other national research institutes and agen- Congress assembled, cies of the National Institutes of Health to tion. SECTION 1. SHORT TITLE. the extent that such Institutes and agencies Mr. President, this legislation pro- This Act may be cited as the ‘‘women’s have responsibilities that are related to vides a new opportunity for coopera- Cardiovascular Diseases Research and Pre- heart attack, stroke, and other cardio- tion between government and the pri- vention Act’’. vascular diseases in women. vate sector not only to help rebuild

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7181 urban areas and rural areas and subur- businesses to locate, and to stimulate illegal or ‘‘midnight’’ dumping was ban areas to attract investments, but job growth, at the Federal level, we rampant. Madison Equipment needed also to effect the cleanup of what I must provide the appropriate mix of in- expansion space but feared environ- sometimes refer to as an ‘‘environ- centives and the right climate to en- mental liability. However, in 1993, the mentally challenged area.’’ courage private investment. city of Chicago invested just a little The act refers to brownfields specifi- This legislation take a non bureau- over $3,000 in this project and 1 year cally and provides a tax incentive rath- cratic approach to encouraging invest- later Madison had put $180,000 into re- er for brownfield cleanups. Incentives ment because all of the funds go to- developing the building. The critical exist in that money spent by new own- ward the cleanup and not to adminis- reason that lenders and investors will ers for the cleanup of environmentally trative costs. This legislation opens up look at this area is because the city polluted areas will accrue as an ex- opportunity through targeted tax in- committed public money to spur pri- pense on their income tax. centives. vate redevelopment and investment. Brownfields are contaminated indus- The Community Empowerment Act When the local government dem- trial sites. Usually, the facilities are creates tax incentives, that we hope onstrates the confidence to commit abandoned and have problems selling will break through some of the current public funds, private financial institu- because of the contamination that was barriers preventing the private indus- tions are more likely to follow suit. left on the property. These sites are try from investing in brownfields Chicago’s pilot program successfully well suited for industrial and commer- cleanup projects. The legislation’s tax will return all of the pilot sites to pro- cial redevelopment because the trans- incentives will help bring thousands of ductive use for a total of about $850,000. portation infrastructure already exist, environmentally contaminated indus- It has helped to retain and create hun- the utilities are there and the labor trial sites back into productive use dreds of jobs, and stimulated private force is there. However, potential rede- again, help to rebuild neighborhoods, investment. Chicago is a perfect exam- velopers usually stay away from these create jobs, and help restore our Na- ple of what this legislation can accom- sites, in no small part because current tion’s cities, distressed communities plish on a national level. But in order law forces them to capitalize environ- and rural areas. to make it all happen, cooperation is mental cleanup costs. That constitutes Particularly in my State of Illinois, key. Effective strategies require strong a daunting obstacle to redevelopment. the brownfields provisions should have partnerships among government, in- Even small amounts of contamination a major impact on efforts to help re- dustry, organized labor, community adds significantly to the cost and un- store severely neglected areas. It will groups, developers, environmentalists, certainty of a reuse project. Therefore, allow for the cleanup of 300 to 500 sites and financiers who all realize that businesses have a significant incentive in Illinois with remediation costs rang- when their efforts are aligned, progress to move to areas outside of the ing from $250,000 to $500,000. It is ex- is easier. brownfield communities because of the pected that such cleanup will create Brownfields are both an environ- cost associated with the cleanup and hundreds of jobs. mental and an economic development redevelopment. Reversing this deter- This legislation will help companies problem and brownfield initiatives rent, therefore will help to encourage all across America absorb the costs of should be viewed as one important businesses to reuse these brownfields. restoring brownfields. The Treasury component of a larger strategy for re- Under the provisions of this legisla- Department estimates that the Com- vitalizing our Nation’s communities. tion, qualifying brownfields would be munity Empowerment Act of 1996 will Cleaning up sites is only half the goal. provided full first-year expensing of en- provide $2 billion in tax incentives, and Cleanup must be pursued along with re- vironmental cleanup costs under the that it will leverage $10 billion in pri- development that will benefit not only Federal tax code. Full first-year ex- vate investment, returning an esti- the private companies but the commu- pensing simply means that a tax deduc- mated 30,000 brownfields to productive nity at large. tion will be allowed for the cleanup use again. That is why along with the costs in the year that the costs are in- What makes this legislation so at- brownfield tax incentives, the legisla- curred. tractive, is that the Federal dollars to tion also establishes 20 more empower- At present, if an industrial property cleanup these brownfields will be con- ment zones and 80 additional enterprise owner does environmental damage to centrated in the areas with the most communities. Empowerment Zones and their property and then cleans up the severe problems. The tax incentive Enterprise Communities receive a vari- site, the owner is allowed to expense would be available in neighborhoods ety of tools from the Federal Govern- the cost of that cleanup. However, in a that are truly in need of an invest- ment: First, a package of tax incen- strange twist of logic, someone who ment. The bill targets four areas: First, tives and flexible grants available over buys an environmentally damaged existing EPA brownfields pilot areas; a 10-year period; second, priority con- piece of property and who cleans up second, areas with a poverty rate of 20 sideration for other Federal empower- that property is now allowed to ex- percent or more and in adjacent indus- ment programs; and third, assistance pense these cleanup costs, but instead trial or commercial areas; third, areas in removing bureaucratic red tape and must deduct the cost over many years. with a population under 2,000 or more regulatory barriers that prevent inno- The result? An urban landscape lit- than 75 percent of which is zoned for vative uses of Federal funds. tered with vacant and abandoned prop- industrial or commercial use; and This approach recognizes that top- erties—properties which attract crime fourth, Empowerment Zones and En- down, big-government solutions are and bring down property values in the terprise Communities. not the answer to communities’ prob- surrounding neighborhoods. This legislation will assist efforts to lems, and that enhanced public-private This is an issue that directly affects cleanup these brownfields in cities partnerships are essential. the lives of literally millions of Ameri- across the Nation, with the active pri- Economic empowerment can be cans, and addressing it will empower mary participation of the cities and achieved but it is best done through communities across the country. The community leaders. Such participation public/private partnerships. Economic collective efforts of everyone, particu- will make the initiative efficient, and revitalization in this Nation’s most larly, the nonprofit community, the successful. distressed communities is essential to private sector, the Government, devel- Mayor Richard Daley of Chicago, has the growth of our entire Nation. With opers and grassroots community taken the initiative to establish a the concept of team effort, we can re- groups are essential to begin the proc- brownfields pilot program. One exam- build our cities by stimulating invest- ess of returning brownfield properties ple of a successful public/private part- ment that creates jobs. Environmental back to productive use, and to bring nership pulling together to cleanup a protection can be and is good business. economic growth back to the inner cit- brownfields site is the Madison Equip- With this legislation, we will begin the ies and disadvantaged rural areas. ment site located in Illinois. This aban- effort to restore economic growth back In order to help communities across doned industrial building was a neigh- into our countries industrial centers the Nation begin rebuilding their eco- borhood eyesore. Scavengers had stolen and rural communities while improv- nomic base, reestablish viable areas for most of the wiring and plumbing and ing the environment.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7182 CONGRESSIONAL RECORD — SENATE June 27, 1996 I would like to thank President Clin- section after the date of the enactment of lating to empowerment zone employment ton, Vice President GORE and Sec- this subsection and before January 1, 1998. credit) is amended by adding at the end the retary Rubin for their leadership and ‘‘(3) MODIFICATIONS TO ELIGIBILITY CRI- following new subsection: TERIA, ETC.— work on this issue. I appreciate my col- ‘‘(e) CREDIT NOT TO APPLY TO EMPOWER- ‘‘(A) POVERTY RATE REQUIREMENT.— leagues Senator D’AMATO and JEFFORDS MENT ZONES DESIGNATED UNDER SECTION ‘‘(i) IN GENERAL.—A nominated area shall 1391(g).—This section shall be applied with- for their cosponsorship and in making be eligible for designation under this sub- this legislation a bipartisan effort. I out regard to any empowerment zone des- section only if the poverty rate for each pop- ignated under section 1391(g).’’ urge all of my colleagues to join us in ulation census tract within the nominated supporting the quick passage of this area is not less than 20 percent and the pov- (c) INCREASED EXPENSING UNDER SECTION erty rate for at least 90 percent of the popu- 179 NOT TO APPLY IN DEVELOPABLE SITES.— legislation. Mr. President, I ask unani- Section 1397A (relating to increase in expens- mous consent that a section-by-section lation census tracts within the nominated area is not less than 25 percent. ing under section 179) is amended by adding analysis of the bill and the text of the ‘‘(ii) TREATMENT OF CENSUS TRACTS WITH at the end the following new subsection: bill be printed in the RECORD. SMALL POPULATIONS.—A population census ‘‘(c) LIMITATION.—For purposes of this sec- I urge my colleagues to take a good tract with a population of less than 2,000 tion, qualified zone property shall not in- look at the legislation. I think and I shall be treated as having a poverty rate of clude any property substantially all of the hope that it will receive bipartisan sup- not less than 25 percent if— use of which is in any parcel described in sec- port. ‘‘(I) more than 75 percent of such tract is tion 1391(g)(3)(A)(iii).’’ There being no objection, the mate- zoned for commercial or industrial use, and ‘‘(II) such tract is contiguous to 1 or more (d) CONFORMING AMENDMENTS.— rial was ordered to be printed in the other population census tracts which have a (1) Subsections (e) and (f) of section 1391 RECORD, as follows: poverty rate of not less than 25 percent (de- are each amended by striking ‘‘subsection S. 1911 termined without regard to this clause). (a)’’ and inserting ‘‘this section’’. (2) Section 1391(c) is amended by striking Be it enacted by the Senate and House of Rep- ‘‘(iii) EXCEPTION FOR DEVELOPABLE SITES.— Clause (i) shall not apply to up to 3 non- ‘‘this section’’ and inserting ‘‘subsection resentatives of the United States of America in (a)’’. Congress assembled, contiguous parcels in a nominated area which may be developed for commercial or SECTION 1. AMENDMENT OF 1986 CODE. SEC. 202. VOLUME CAP NOT TO APPLY TO ENTER- industrial purposes. The aggregate area of PRISE ZONE FACILITY BONDS WITH Except as otherwise expressly provided, noncontiguous parcels to which the pre- RESPECT TO NEW EMPOWERMENT whenever in this Act an amendment or re- ceding sentence applies with respect to any ZONES. peal is expressed in terms of an amendment nominated area shall not exceed 1000 acres to, or repeal of, a section or other provision, (a) IN GENERAL.—Section 1394 (relating to (2,000 acres in the case of an empowerment tax-exempt enterprise zone facility bonds) is the reference shall be considered to be made zone). to a section or other provision of the Inter- amended by adding at the end the following ‘‘(iv) CERTAIN PROVISIONS NOT TO APPLY.— new subsection: nal Revenue Code of 1986. Section 1392(a)(4) (and so much of paragraphs TITLE I—ADDITIONAL EMPOWERMENT (1) and (2) of section 1392(b) as relate to sec- ‘‘(f) BONDS FOR EMPOWERMENT ZONES DES- ZONES tion 1392(a)(4)) shall not apply to an area IGNATED UNDER SECTION 1391(g).— ‘‘(1) IN GENERAL.—In the case of a new em- SEC. 101. ADDITIONAL EMPOWERMENT ZONES. nominated for designation under this sub- section. powerment zone facility bond— (a) IN GENERAL.—Paragraph (2) of section ‘‘(A) such bond shall not be treated as a 1391(b) (relating to designations of empower- ‘‘(v) SPECIAL RULE FOR RURAL EMPOWER- MENT ZONES AND ENTERPRISE COMMUNITIES.— private activity bond for purposes of section ment zones and enterprise communities) is 146, and amended— The Secretary of Agriculture may designate not more than 1 empowerment zone, and not ‘‘(B) subsection (c) of this section shall not (1) by striking ‘‘9’’ and inserting ‘‘11’’, apply. (2) by striking ‘‘6’’ and inserting ‘‘8’’, and more than 5 enterprise communities, in rural areas without regard to clause (i) if such ‘‘(2) LIMITATION ON AMOUNT OF BONDS.— (3) by striking ‘‘750,000’’ and inserting areas satisfy emigration criteria specified by ‘‘(A) IN GENERAL.—Paragraph (1) shall ‘‘1,000,000’’. the Secretary of Agriculture. apply to a new empowerment zone facility (b) EFFECTIVE DATE.—The amendments ‘‘(B) SIZE LIMITATION.— bond only if such bond is designated for pur- made by this section shall take effect on the ‘‘(i) IN GENERAL.—The parcels described in poses of this subsection by the local govern- date of the enactment of this Act, except subparagraph (A)(iii) shall not be taken into ment which nominated the area to which that designations of new empowerment zones account in determining whether the require- such bond relates. made pursuant to such amendments shall be ment of subparagraph (A) or (B) of section ‘‘(B) LIMITATION ON BONDS DESIGNATED.— made during the 180-day period beginning on 1392(a)(3) is met. The aggregate face amount of bonds which the date of the enactment of this Act. ‘‘(ii) SPECIAL RULE FOR RURAL AREAS.—If a may be designated under subparagraph (A) TITLE II—NEW EMPOWERMENT ZONES population census tract (or equivalent divi- with respect to any empowerment zone shall AND ENTERPRISE COMMUNITIES sion under section 1392(b)(4)) in a rural area not exceed— SEC. 201. DESIGNATION OF ADDITIONAL EM- exceeds 1,000 square miles or includes a sub- ‘‘(i) $60,000,000 if such zone is in a rural POWERMENT ZONES AND ENTER- stantial amount of land owned by the Fed- area, PRISE COMMUNITIES. eral, State, or local government, the nomi- ‘‘(ii) $130,000,000 if such zone is in an urban (a) IN GENERAL.—Section 1391 (relating to nated area may exclude such excess square area and the zone has a population of less designation procedure for empowerment mileage or governmentally owned land and than 100,000, and zones and enterprise communities) is amend- the exclusion of that area will not be treated ‘‘(iii) $230,000,000 if such zone is in an urban ed by adding at the end the following new as violating the continuous boundary re- area and the zone has a population of at subsection: quirement of section 1392(a)(3)(B). least 100,000. ‘‘(g) ADDITIONAL DESIGNATIONS PER- ‘‘(C) AGGREGATE POPULATION LIMITATION.— ‘‘(C) SPECIAL RULES.— MITTED.— The aggregate population limitation under ‘‘(i) COORDINATION WITH LIMITATION IN SUB- ‘‘(1) IN GENERAL.—In addition to the areas the last sentence of subsection (b)(2) shall SECTION (c).—Bonds to which paragraph (1) designated under subsection (a)— not apply to a designation under paragraph applies shall not be taken into account in ap- ‘‘(A) ENTERPRISE COMMUNITIES.—The appro- (1)(B). plying the limitation of subsection (c) to priate Secretaries may designate in the ag- ‘‘(D) PREVIOUSLY DESIGNATED ENTERPRISE other bonds. gregate an additional 80 nominated areas as COMMUNITIES MAY BE INCLUDED.—Subsection ‘‘(ii) CURRENT REFUNDING NOT TAKEN INTO enterprise communities under this section, (e)(5) shall not apply to any enterprise com- ACCOUNT.—In the case of a refunding (or se- subject to the availability of eligible nomi- munity designated under subsection (a) that ries of refundings) of a bond designated nated areas. Of that number, not more than is also nominated for designation under this under this paragraph, the refunding obliga- 50 may be designated in urban areas and not subsection. tion shall be treated as designated under this more than 30 may be designated in rural ‘‘(E) INDIAN RESERVATIONS MAY BE NOMI- paragraph (and shall not be taken into ac- areas. NATED.— count in applying subparagraph (B)) if— ‘‘(B) EMPOWERMENT ZONES.—The appro- ‘‘(i) IN GENERAL.—Section 1393(a)(4) ‘‘(I) the amount of the refunding bond does priate Secretaries may designate in the ag- shall not apply to an area nominated for des- not exceed the outstanding amount of the re- gregate an additional 20 nominated areas as ignation under this subsection. funded bond, and empowerment zones under this section, sub- ‘‘(ii) SPECIAL RULE.—An area in an Indian ‘‘(II) the refunded bond is redeemed not ject to the availability of eligible nominated reservation shall be treated as nominated by later than 90 days after the date of issuance areas. Of that number, not more than 15 may a State and a local government if it is nomi- of the refunding bond. be designated in urban areas and not more nated by the reservation governing body (as ‘‘(3) NEW EMPOWERMENT ZONE FACILITY than 5 may be designated in rural areas. determined by the Secretary of Interior).’’ BOND.—For purposes of this subsection, the ‘‘(2) PERIOD DESIGNATIONS MAY BE MADE.—A (b) EMPLOYMENT CREDIT NOT TO APPLY TO term ‘new empowerment zone facility bond’ designation may be made under this sub- NEW EMPOWERMENT ZONES.—Section 1396 (re- means any bond which would be described in

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subsection (a) if only empowerment zones ‘‘(B) section 1397C(a)(2) shall be applied by ‘‘(1) IN GENERAL.—The term ‘qualified envi- designated under section 1391(g) were taken substituting ‘an amount equal to 15 percent ronmental remediation expenditure’ means into account under sections 1397B and of the adjusted basis’ for ‘an amount equal to any expenditure— 1397C.’’ the adjusted basis’.’’ ‘‘(A) which is otherwise chargeable to cap- (b) EFFECTIVE DATE.—The amendment (c) EFFECTIVE DATE.—The amendments ital account, and made by this section shall apply to obliga- made by this section shall apply to obliga- ‘‘(B) which is paid or incurred in connec- tions issued after the date of the enactment tions issued after the date of the enactment tion with the abatement or control of haz- of this Act. of this Act. ardous substances at a qualified contami- SEC. 203. MODIFICATIONS TO ENTERPRISE ZONE SEC. 204. MODIFICATIONS TO ENTERPRISE ZONE nated site. FACILITY BOND RULES FOR ALL EM- BUSINESS DEFINITION FOR ALL EM- ‘‘(2) SPECIAL RULE FOR EXPENDITURES FOR POWERMENT ZONES AND ENTER- POWERMENT ZONES AND ENTER- DEPRECIABLE PROPERTY.—Such term shall PRISE COMMUNITIES. PRISE COMMUNITIES. not include any expenditure for the acquisi- (a) MODIFICATIONS RELATING TO ENTERPRISE (a) IN GENERAL.—Section 1397B (defining tion of property of a character subject to the ZONE BUSINESS.—Paragraph (3) of section enterprise zone business) is amended— allowance for depreciation which is used in 1394(b) (defining enterprise zone business) is (1) by striking ‘‘80 percent’’ in subsections connection with the abatement or control of amended to read as follows: (b)(2) and (c)(1) and inserting ‘‘50 percent’’, hazardous substances at a qualified contami- ‘‘(3) ENTERPRISE ZONE BUSINESS.— (2) by striking ‘‘substantially all’’ each nated site; except that the portion of the al- ‘‘(A) IN GENERAL.—Except as modified in place it appears in subsections (b) and (c) and lowance under section 167 for such property this paragraph, the term ‘enterprise zone inserting ‘‘a substantial portion’’, which is otherwise allocated to such site business’ has the meaning given such term (3) by striking ‘‘, and exclusively related shall be treated as a qualified environmental by section 1397B. to,’’ in subsections (b)(4) and (c)(3), remediation expenditure. ‘‘(B) MODIFICATIONS.—In applying section (4) by adding at the end of subsection (d)(2) ‘‘(c) QUALIFIED CONTAMINATED SITE.—For 1397B for purposes of this section— the following new flush sentence: purposes of this section— ‘‘(i) BUSINESSES IN ENTERPRISE COMMU- ‘‘For purposes of subparagraph (B), the lessor ‘‘(1) QUALIFIED CONTAMINATED SITE.— NITIES ELIGIBLE.—References in section 1397B of the property may rely on a lessee’s certifi- ‘‘(A) IN GENERAL.—The term ‘qualified con- to empowerment zones shall be treated as in- cation that such lessee is an enterprise zone taminated site’ means any area— cluding references to enterprise commu- business.’’, ‘‘(i) which is held by the taxpayer for use nities. (5) by striking ‘‘substantially all’’ in sub- in a trade or business or for the production ‘‘(ii) WAIVER OF REQUIREMENTS DURING section (d)(3) and inserting ‘‘at least 50 per- of income, or which is property described in STARTUP PERIOD.—A business shall not fail to cent’’, and section 1221(1) in the hands of the taxpayer, be treated as an enterprise zone business (6) by adding at the end the following new ‘‘(ii) which is within a targeted area, and during the startup period if— subsection: ‘‘(iii) which contains (or potentially con- ‘‘(I) as of the beginning of the startup pe- tains) any hazardous substance. ‘‘(f) TREATMENT OF BUSINESSES STRADDLING riod, it is reasonably expected that such ‘‘(B) TAXPAYER MUST RECEIVE STATEMENT CENSUS TRACT LINES.—For purposes of this business will be an enterprise zone business section, if— FROM STATE ENVIRONMENTAL AGENCY.—An (as defined in section 1397B as modified by ‘‘(1) a business entity or proprietorship area shall be treated as a qualified contami- this paragraph) at the end of such period, uses real property located within an em- nated site with respect to expenditures paid and or incurred during any taxable year only if powerment zone, ‘‘(II) such business makes bona fide efforts the taxpayer receives a statement from the ‘‘(2) the business entity or proprietorship to be such a business. appropriate agency of the State in which also uses real property located outside the ‘‘(iii) REDUCED REQUIREMENTS AFTER TEST- such area is located that such area meets the empowerment zone, ING PERIOD.—A business shall not fail to be requirements of clauses (ii) and (iii) of sub- ‘‘(3) the amount of real property described treated as an enterprise zone business for paragraph (A). in paragraph (1) is substantial compared to any taxable year beginning after the testing ‘‘(C) APPROPRIATE STATE AGENCY.— For the amount of real property described in period by reason of failing to meet any re- purposes of subparagraph (B), the appro- paragraph (2), and quirement of subsection (b) or (c) of section priate agency of a State is the agency des- ‘‘(4) the real property described in para- 1397B if at least 35 percent of the employees ignated by the Administrator of the Environ- graph (2) is contiguous to part or all of the of such business for such year are residents mental Protection Agency for purposes of real property described in paragraph (1), of an empowerment zone or an enterprise this section. If no agency of a State is des- community. The preceding sentence shall then all the services performed by employ- ignated under the preceding sentence, the not apply to any business which is not a ees, all business activities, all tangible prop- appropriate agency for such State shall be qualified business by reason of paragraph (1), erty, and all intangible property of the busi- the Environmental Protection Agency. (4), or (5) of section 1397B(d). ness entity or proprietorship that occur in or ‘‘(2) TARGETED AREA.— ‘‘(C) DEFINITIONS RELATING TO SUBPARA- is located on the real property described in ‘‘(A) IN GENERAL.—The term ‘targeted area’ GRAPH (B).—For purposes of subparagraph paragraphs (1) and (2) shall be treated as oc- means— (B)— curring or situated in an empowerment ‘‘(i) any population census tract with a ‘‘(i) STARTUP PERIOD.—The term ‘startup zone.’’ poverty rate of not less than 20 percent, period’ means, with respect to any property (b) EFFECTIVE DATES.— ‘‘(ii) a population census tract with a popu- being provided for any business, the period (1) IN GENERAL.—The amendments made by lation of less than 2,000 if— before the first taxable year beginning more this section shall apply to taxable years be- ‘‘(I) more than 75 percent of such tract is than 2 years after the later of— ginning on or after the date of the enact- zoned for commercial or industrial use, and ‘‘(I) the date of issuance of the issue pro- ment of this Act. ‘‘(II) such tract is contiguous to 1 or more viding such property, or (2) SPECIAL RULE FOR ENTERPRISE ZONE FA- other population census tracts which meet ‘‘(II) the date such property is first placed CILITY BONDS.—For purposes of section the requirement of clause (i) without regard in service after such issuance (or, if earlier, 1394(b) of the Internal Revenue Code of 1986, to this clause, the date which is 3 years after the date de- the amendments made by this section shall ‘‘(iii) any empowerment zone or enterprise scribed in subclause (I)). apply to obligations issued after the date of community (and any supplemental zone des- the enactment of this Act. ‘‘(ii) TESTING PERIOD.—The term ‘testing ignated on December 21, 1994), and period’ means the first 3 taxable years begin- TITLE III—EXPENSING OF ‘‘(iv) any site announced before February 1, ning after the startup period. ENVIRONMENTAL REMEDIATION COSTS 1996, as being included as a brownfields pilot ‘‘(D) PORTIONS OF BUSINESS MAY BE ENTER- SEC. 301. EXPENSING OF ENVIRONMENTAL REME- project of the Environmental Protection PRISE ZONE BUSINESS.—The term ‘enterprise DIATION COSTS. Agency. zone business’ includes any trades or busi- (a) IN GENERAL.—Part VI of subchapter B ‘‘(B) NATIONAL PRIORITIES LISTED SITES NOT nesses which would qualify as an enterprise of chapter 1 is amended by adding at the end INCLUDED.—Such term shall not include any zone business (determined after the modi- the following new section: site which is on the national priorities list fications of subparagraph (B)) if such trades ‘‘SEC. 198. EXPENSING OF ENVIRONMENTAL RE- under section 105(a)(8)(B) of the Comprehen- or businesses were separately incorporated.’’ MEDIATION COSTS. sive Environmental Response, Compensa- (b) MODIFICATIONS RELATING TO QUALIFIED ‘‘(a) IN GENERAL.—A taxpayer may elect to tion, and Liability Act of 1980 (as in effect on ZONE PROPERTY.—Paragraph (2) of section treat any qualified environmental remedi- the date of the enactment of this section). 1394(b) (defining qualified zone property) is ation expenditure which is paid or incurred ‘‘(C) CERTAIN RULES TO APPLY.—For pur- amended to read as follows: by the taxpayer as an expense which is not poses of this paragraph, the rules of sections ‘‘(2) QUALIFIED ZONE PROPERTY.—The term chargeable to capital account. Any expendi- 1392(b)(4) and 1393(a)(9) shall apply. ‘qualified zone property’ has the meaning ture which is so treated shall be allowed as ‘‘(D) TREATMENT OF CERTAIN SITES.—For given such term by section 1397C; except a deduction for the taxable year in which it purposes of this paragraph, a single contami- that— is paid or incurred. nated site shall be treated as within a tar- ‘‘(A) the references to empowerment zones ‘‘(b) QUALIFIED ENVIRONMENTAL REMEDI- geted area if— shall be treated as including references to ATION EXPENDITURE.—For purposes of this ‘‘(i) a substantial portion of the site is lo- enterprise communities, and section— cated within a targeted area described in

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7184 CONGRESSIONAL RECORD — SENATE June 27, 1996 subparagraph (A) (determined without re- retary of Agriculture will be authorized to contamination requirements. The use re- gard to this subparagraph), and designate up to one rural empowerment zone quirement would be satisfied if the property ‘‘(ii) the remaining portions are contiguous and five rural enterprise communities based is held by the taxpayer incurring the eligible to, but outside, such targeted area. on specified emigration criteria without re- expenses for use in a trade or business or for ‘‘(d) HAZARDOUS SUBSTANCE.—For purposes gard to the minimum poverty rates set forth the production of income, or if the property of this section— in the statute. Rural census tracts in excess is of a kind properly included in the inven- ‘‘(1) IN GENERAL.—The term ‘hazardous sub- of 1,000 square miles or including a substan- tory of the taxpayer. The geographic require- stance’ means— tial amount of governmentally owned land ment would be satisfied if the property is lo- ‘‘(A) any substance which is a hazardous may exclude such excess mileage or govern- cated in (i) any census tract that has a pov- substance as defined in section 101(14) of the mentally owned land from the nominated erty rate of 20 percent or more, (ii) any other Comprehensive Environmental Response, area. Unlike the first round, Indian reserva- census tract (a) that has a population under Compensation, and Liability Act of 1980, and tions will be eligible to be nominated (and 2,000, (b) 75 percent or more of which is zoned ‘‘(B) any substance which is designated as the nomination may be submitted by the res- for industrial or commercial use, and (c) that a hazardous substance under section 102 of ervation governing body without the State is contiguous to one or more census tracts such Act. government’s participation). The empower- with a poverty rate of 20 percent or more, ‘‘(2) EXCEPTION.—Such term shall not in- ment zone employment credit will not be (iii) an area designated as a federal EZ or EC, clude any substance with respect to which a available to businesses in the new empower- or (iv) an area subject to one of the 40 EPA removal or remedial action is not permitted ment zones, and the increased expending Brownfields Pilots announced prior to Feb- under section 104 of such Act by reason of under section 179 will not be available in the ruary 1996. Both urban and rural sites may subsection (a)(3) thereof. developable acreage areas of empowerment qualify. Superfund National Priority listed ‘‘(e) DEDUCTION RECAPTURED AS ORDINARY zones. sites would be excluded. INCOME ON SALE, ETC.—Solely for purposes of Section 202 authorizes a new category of The contamination requirement would be section 1245, in the case of property to which tax-exempt financing for financing for busi- satisfied if hazardous substances are present a qualified environmental remediation ex- nesses in the new empowerment zones. These or potentially present on the property. Haz- penditure would have been capitalized but bonds, rather than being subject to the cur- ardous substances would be defined generally for this section— rent State volume caps, will be subject to by reference to sections 101(14) and 102 of the ‘‘(1) the deduction allowed by this section zone-specific caps. For each rural empower- Comprehensive Environmental Response for such expenditure shall be treated as a de- ment zones, up to $60 million in such bonds Compensation and Liability Act (CERCLA), duction for depreciation, and may be issued. For an urban empowerment subject to additional limitations applicable ‘‘(2) such property (if not otherwise section zone with a population under 100,000, $130 to asbestos and similar substances within 1245 property) shall be treated as section 1245 million of these bonds may be issued. For buildings, certain naturally occurring sub- property solely for purposes of applying sec- each urban empowerment zone with a popu- stances such as radon, and certain other sub- tion 1245 to such deduction. lation of 100,000 or more, $230 million of these stances released into drinking water supplies ‘‘(f) COORDINATION WITH OTHER PROVI- bonds may be issued. due to deterioration through ordinary use. SIONS.—Sections 280B and 468 shall not apply Section 203 liberalizes the current defini- To claim the deduction under this provi- to amounts which are treated as expenses tion of an ‘‘enterprise zone business’’ for pur- sion, the taxpayer would be required to ob- under this section. pose of the tax-exempt financing available tain a statement that the site satisfies the ‘‘(g) REGULATIONS.—The Secretary shall under both the first and second rounds. Busi- geographic and contamination requirements prescribe such regulations as may be nec- nesses will be treated as satisfying the appli- from a State environmental agency des- essary or appropriate to carry out the pur- cable requirements during a 2-year start-up ignated by the Environmental Protection poses of this section.’’ period if it is reasonably expected that the Agency for such purposes or, if no such agen- (b) CLERICAL AMENDMENT.—The table of business will satisfy those requirements by cy has been designated by the EPA, by the sections for part VI of subchapter B of chap- the end of the start-up period and the busi- EPA itself. ter 1 is amended by adding at the end the fol- ness makes bona fide efforts to that end. Fol- This deduction would be subject to recap- lowing new item: lowing the start-up period a 3-year testing ture under current-law section 1245. Thus, ‘‘Sec. 198. Expensing of environmental reme- period will begin, after which certain enter- any gain realized on disposition generally diation costs.’’ prise zone business requirements will no would be treated as ordinary income, rather longer be applicable (as long as more than 35 than capital gain, up to the amount of de- (c) EFFECTIVE DATE.—The amendments percent of the business’ employees are resi- ductions taken with respect to the property. made by this section shall apply to expendi- dents of the empowerment zone or enterprise tures paid or incurred after the date of the Mr. D’AMATO. Mr. President, I rise community). The rules under which substan- today to join my friend and colleague, enactment of this Act, in taxable years end- tially renovated property may be ‘‘qualified Senator MOSELEY-BRAUN, in intro- ing after such date. zone property,’’ and thereby be eligible to be financed with tax-exempt bonds, would also ducing legislation that will provide a SECTION-BY-SECTION ANALYSIS be liberalized slightly. new tax incentive to encourage the pri- TITLE I—ADDITIONAL EMPOWERMENT ZONES Section 204 liberalizes the definition of en- vate sector to clean up thousands of Section 101 would authorize the designa- terprise business for purposes of both the contaminated, abandoned sites known tion of an additional two urban empower- tax-exempt financing provisions and the ad- as ‘‘brownfields.’’ Brownfield sites are ment zones under the 1994 first round. ditional section 179 expensing by reducing abandoned or vacant commercial and TITLE II—NEW EMPOWERMENT ZONES AND from 80 percent to 50 percent the amount of industrial properties suspected of being ENTERPRISE COMMUNITIES total gross income that must be derived within the empowerment zone or enterprise environmentally contaminated. Section 201 authorizes a second round of Under current law, the IRS has deter- designations, consisting of 80 enterprise com- community, by reducing how much of the business’ property and employees’ services mined that costs incurred to clean up munities and 20 empowerment zones. Of the land and ground water are deductible 80 enterprise communities, 50 would be in must be located in or provided within the urban areas and 30 would be in rural areas. zone or community, and by easing the re- as business expenses, as long as the Of the 20 empowerment zones, 15 would be in strictions governing when rental businesses costs are incurred by the same tax- urban areas and 5 would be in rural areas. will qualify as enterprise zone businesses. A payer that contaminated the land, and The designations would be made before Janu- special rule is also provided to clarify how a that taxpayer plans to use the land ary 1, 1998. business that straddles the boundary of an after the cleanup for the same purposes empowerment zone or enterprise community Certain of the eligibility criteria applica- used prior to the cleanup. That means ble in the first round would be modified for (e.g., by straddling a population census tract boundary) is treated for purposes of the en- that new owners who wish to use land the second round of designations. First, the suspected of environmental contamina- poverty criteria would be relaxed somewhat, terprise zone business definition. so that unlike the first round there would be TITLE III—EXPENSING OF ENVIRONMENTAL tion for a new purpose, would be pre- no requirement that at least 50 percent of REMEDIATION COSTS cluded from deducting the costs of the population census tracts have a poverty Section 301 would provide a current deduc- cleanup in the year incurred. They rate of 35 percent or more. In addition, the tion for certain remediation costs incurred would only be allowed to capitalize the poverty criteria will not be applicable to with respect to qualified sites. Generally, costs and depreciate them over time. areas specified in the application as develop- these expenses would be limited to those Therefore, it is time for us to recognize able for commercial or industrial purposes paid or incurred in connection with the the need for aggressive economic devel- (1,000 acres in the case of an enterprise com- abatement or control of environmental con- opment policies for the future eco- munity, 2,000 acres in the case of an em- taminants. This deduction would apply for powerment zone), and these areas will not be alternative minimum tax purposes as well as nomic health of communities around taken into account in applying the size limi- for regular tax purposes. the country, and to recognize the in- tations (e.g., 20 square miles for urban areas, Qualified sites would be limited to those equity of current tax law. Senator 1,000 square miles for rural areas). The Sec- properties that satisfy use, geographic, and MOSELEY-BRAUN and I believe that our

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7185 legislation is the type of initiative the am pleased that the EPA recently courses that non-profit colleges and Federal Government needs to encour- awarded one of its brownfields pilot universities offer to older adults. The age development of once-abandoned, projects to Burlington, VT. National Federal of Nonprofits, the Ad- unproductive sites that will bring real Mr. President, since the early 1800’s, vertising Mail Marketing Association economic benefits to urban distressed Burlington has been the largest and and the Direct Marketing Association and rural areas across the United most important industrial center of have no objection to this legislation. States. By encouraging redevelopment, Vermont and the Lake Champlain re- Mr. President, this bill solves a prob- jobs will be created, economic growth gion. The city is among the least well- lem caused by the fact that Elderhostel will continue, property values will in- off in the State and was recently des- does not fit neatly into the Postal crease, as well as local tax revenues. ignated as an Urban Enterprise Com- Services’ definitions and I urge my col- Mr. President, I am proud to say that munity. leagues to support the bill. in my State of New York, the city of There are currently 19 polluted com- Elmira has been selected as a fourth mercial and industrial sites in Bur- By Mr. D’AMATO (for himself lington. The city now has only one round finalist for the EPA’s and Mr. MOYNIHAN): Brownfields Economic Redevelopment unpolluted site available for industrial Initiative Demonstration Pilot Pro- development. The lack of sites has S. 1913. A bill to establish the Lower gram. The city of Elmira has primed an been a major obstacle in the city’s ef- East Side Tenement Museum National unsightly and unsafe urban brownfield forts to attract quality jobs and has Historic Site, and for other purposes; and is now in the final stages of turn- contributed to the development of to the Committee on Energy and Nat- ing it into a revenue and jobs pro- prime agricultural soil, suburban ural Resources. ducing venture. The city of Elmira ini- sprawl, and all the associated environ- THE LOWER EAST SIDE TENEMENT MUSEUM tiated this important project with no mental problems. Mr. President, most NATIONAL HISTORIC SITE ACT OF 1996 guarantees of public or private funding of the city’s brownfields are located ei- Mr. D’AMATO. Mr. President, most and has done this at very minimal cost ther within or adjacent to low- and of us have heard the stories of how the to taxpayers. Can you imagine what moderate-income neighborhoods, con- great wave of immigrants of genera- could and would be done if the public tributing to a trend of disinvestment tions ago entered our Nation, but few and private sector had the encourage- and increased health hazards. really know what happened to them ment to also become involved? While this legislation won’t solve all after Ellis Island. At the Lower East Mr. President, I urge my colleagues of our problems, it is an important step Side Tenement Museum at 97 Orchard on both sides of the aisle to join Sen- in the right direction and I urge my Street in New York City, one is able to ator MOSELEY-BRAUN and me in cospon- colleagues to join us in cosponsoring follow the lives of the immigrants be- soring this important legislation. this significant bill. yond the first hours on our shores. The Mr. JEFFORDS. Mr. President, I am museum tells their history, displays pleased to join with Senators MOSELEY- By Mr. PRYOR: S. 1912. A bill to clarify the provision their courage and showcases their val- BRAUN and D’AMATO to introduce a bill ues in an interpretive setting that that will give tax incentives to busi- of section 3626(b) of title 39, United States Code, defining an ‘‘institution of brings the visitor back to an era from nesses that cleanup these contami- which many of us came. The museum nated industrial sites known as higher education’’; to the Committee on Governmental Affairs. presents to many of us an awareness of brownfields. This bill will put us on a our ancestral roots that we may never ELDERHOSTEL CATALOG LEGISLATION path that will bring environmental re- have known existed. Through the legis- Mr. PRYOR. Mr. President, to day I newal and economic revitalization to lation being introduced by my friend am introducing legislation that will our communities. Senator MOYNIHAN and I, the museum address a situation facing Elderhostel. Mr. President, brownfields are like will be declared a national historic site Elderhostel, for those who have not scars on the American landscape, a leg- and able to affiliate itself with the Na- heard of this organization, is an inde- acy of the dramatic shift of industry tional Park Service. Enactment of this pendent, non-profit organization which from inner cities to suburban green- legislation will bestow national rec- operates a central course catalog and fields during the 1970’s and 1980’s. Once ognition on the humble beginnings of registration system for college level bustling factories are now abandoned millions of our ancestors. eyesores. In communities across the classes for people over the age of 60. country, some 500,000 abandoned and These courses are sponsored by colleges The Tenement Museum is unique in contaminated sites and facilities are in and universities at more than 1,900 col- that it not only traces the quality of desperate need of revitalization. leges, universities, museums, national life inside the tenement, but presents a Vermont may not have as many parks, and environmental education picture of the immigrant’s outside brownfield sites as some of the more centers in the United States, Canada, world as well. Due to the cramped and industrial States, but we are just as in- and 47 other countries. Elderhostel re- dingy nature of the tenement, as much terested in seeing these cites cleaned ceives no Federal or State support. time as possible was spent outside. up and put back to use. In Vermont, we Elderhostel provides easy access to Thus, in order to fully explore their see the reuse of brownfield sites as a these continuing education programs lives, it is essential to look toward way to keep development downtown through the mailing of its course cata- their work, their houses of worship, and reduce the pressure to pave log. Unfortunately, a U.S. Postal Serv- their organizations, and their enter- pastureland. ice definition prevents Elderhostel tainment. The museum incorporates Mr. President, we treasure our open from mailing their catalog at a second- the experiences of yesteryear’s immi- spaces in Vermont and this legislation class catalog rate. This catalog rate is grants and interprets them for today’s will give incentives to companies used, for example, by the American Bar generations. Besides on-site programs, around the country to invest in the Associations’ continuing legal edu- the museum utilizes the surrounding downtowns of our States. When a com- cation material. Elderhostel is barred neighborhood; an area which continues pany builds a facility on a brownfield from using that rate because rather to this day in its role as a receiver of site it takes advantage of existing in- than being a catalog of one institution immigrants. frastructure. The revitalization of a of higher learning, it is a compilation Throughout our Nation we have pre- brownfield site means one less farm or of courses offered by otherwise eligible served, remembered and cherished field is paved over or forest cut down ‘‘regularly incorporated non-profit in- places of national significance and for the sake of a new plant or facility. stitutions of learning.’’ beauty. We have put enormous energy The redevelopment of brownfield The legislation I am introducing in maintaining homes of noted Ameri- sites also has important social implica- today simply expands the definition of cans and protecting vast areas of wil- tions for our towns and cites. It means an institution of higher education eli- derness. What we do not have, though, that jobs stay downtown and that our gible to mail at second-class rates to is a monument to the socalled ‘‘ordi- urban centers can continue to be places include a nonprofit organization that nary citizen.’’ The Tenement Museum of commerce and social interaction. I coordinates a network of college level will fill that role.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7186 CONGRESSIONAL RECORD — SENATE June 27, 1996 It is unlikely that many of those who (5) the National Park Service found the most vibrant, populous, and famous lived in buildings like the one at 97 Or- Lower East Side Tenement Museum to be na- immigrant neighborhood in the Nation. chard Street felt that they were spe- tionally significant, suitable, and feasible for From the first waves of Irish and Ger- cial. Rather, they were probably grate- inclusion in the National Park System. man immigrants to Italians and East- (b) PURPOSES.—The purposes of this Act ful for the chance to come to America are— ern European Jews to the Asian, Latin, to try to make a better life for them- (1) to ensure the preservation, mainte- and Caribbean immigrants arriving selves and their families. Given the liv- nance, and interpretation of this site and to today, the Lower East Side has pro- ing and working conditions that we interpret in the site and in the surrounding vided millions their first American now take for granted, the language and neighborhood, the themes of early tenement home. cultural obstacles they had to over- life, the housing reform movement, and tene- For many of them that home was a come, we should be in awe of their abil- ment architecture in the United States; brick tenement; six or so stories, no el- ity to take hold of an opportunity and (2) to ensure the continuation of the Mu- evator, maybe no plumbing, maybe no seum at this site, the preservation of which not only survive, but thrive. It is their is necessary for the continued interpretation windows, a business on the ground contributions to society in the face of of the nationally significant immigrant phe- floor, and millions of our forbearers up- overwhelming obstacles that defined an nomenon associated with the New York stairs. The Nation has with great pride era and established an ethic that sur- City’s Lower East Side, and its role in the preserved log cabins, farm houses, and vives to this day. It is their spirit that history of immigration to the United States; other symbols of our agrarian roots. we admire, and that, in retrospect, and We have reopened Ellis Island to com- makes these otherwise ordinary indi- (3) to enhance the interpretation of the memorate and display the first stop for Castle Clinton National Historic Monument 12 million immigrants who arrived in viduals special. The Tenement Museum and Ellis Island National Historic Monument is their monument, and as their de- through cooperation with the Museum. New York City. Until now we have not preserved a scendants, it is ours as well. SEC. 3. DEFINITIONS. sample of urban, working class life as Congress has an opportunity to rec- As used in this Act: ognize the pioneer spirit of our ances- (1) HISTORIC SITE.—The term ‘‘historic part of the immigrant experience. For tors and deliver it to future genera- site’’ means the Lower East Side Tenement many of those who disembarked on tions of Americans. The museum re- Museum designated as a national historic Ellis Island the next stop was a tene- minds us all of an important and often site by section 4. ment on the Lower East Side, such as forgotten chapter in our immigrant (2) MUSEUM.—The term ‘‘Museum’’ means the one at 97 Orchard Street. It is here heritage, mainly, that millions of fami- the Lower East Side Tenement Museum at 97 that the Lower East Side Tenement Orchard Street, New York City, in the State Museum will show us what that next lies made their first stand in our Na- of New York, and related facilities owned or tion not in a log cabin or farm house or operated by the Museum. stop was like. The tenement at 97 Orchard was built mansion, but in a city tenement. Des- (3) SECRETARY.—The term ‘‘Secretary’’ ignating the Lower East Side Tene- means the Secretary of the Interior. in the 1860s, during the first phase of ment Museum a National Historic Site SEC. 4. ESTABLISHMENT OF HISTORIC SITE. tenement construction. It provided and granting it affiliated area status To further the purposes of this Act and the housing for 20 families on a plot of land within the National Park Service will Act entitled ‘‘An act to provide for the pres- planned for a single family residence. shed light on that chapter in our his- ervation of historic American sites, build- Each floor had four three-room apart- tory while linking it to the chain of ings, objects, and antiquities of national sig- ments, each of which had two windows the Statue of Liberty, Ellis Islands and nificance, and for other purposes’’, approved in one of the rooms and none in the August 21, 1935 (16 U.S.C. 461 et seq.), the Castle Clinton in the story of our others. The privies were out back, as Lower East Side Tenement Museum at 97 Or- was the spigot that provided water for urban immigrant heritage. I urge my chard Street, in the city of New York, State colleagues to join Senator MOYNIHAN of New York, is designated as a national his- everyone. The public bathhouse was and me in cosponsoring this bill, and I toric site. down the street. urge its speedy consideration by the SEC. 5. COOPERATIVE AGREEMENT. In 1900 this block was the most Senate. (a) IN GENERAL.—The Secretary may enter crowded per acre on earth. Conditions Mr. President, I ask unanimous con- into a cooperative agreement with the Lower improved after the passage of the New sent that the text of the bill be printed East Side Tenement Museum to carry out York Tenement House Act of 1901, in the RECORD. this Act. though the crowding remained. Two There being no objection, the bill was (b) TECHNICAL AND FINANCIAL ASSIST- toilets were installed on each floor. A ANCE.—The agreement may include provi- skylight was installed over the stair- ordered to be printed in the RECORD, as sions by which the Secretary will provide— follows: way and interior windows were cut in (1) technical assistance to mark, restore, the walls to allow some light through- S. 1913 interpret, operate, and maintain the historic out each apartment. For the first time Be it enacted by the Senate and House of Rep- site; and resentatives of the United States of America in (2) financial assistance to the Museum to the ground floor became commercial Congress assembled, mark, interpret, and restore the historic space. In 1918 electricity was installed. SECTION 1. SHORT TITLE. site, including the making of preservation- Further improvements were mandated This Act may be cited as the ‘‘Lower East related capital improvements and repairs. in 1935, but the owner chose to board Side Tenement Museum National Historic (c) ADDITIONAL PROVISIONS.—The agree- the building up rather than follow the Site Act of 1996’’. ment may also contain provisions that per- new regulations. It remained boarded mit the Secretary acting through the Na- up for 60 years until the idea of a mu- SEC. 2. FINDINGS AND PURPOSES. tional Park Service, to have a right of access (a) FINDINGS.—Congress finds that— at all reasonable times to all public portions seum took hold. (1) the Lower East Side Tenement Museum of the property covered by the agreement for The Tenement Museum will keep at at 97 Orchard Street is an outstanding sur- the purpose of conducting visitors through least one apartment in the dilapidated vivor of the vast number of humble buildings the properties and interpreting the portions condition in which it was found when that housed immigrants to New York City to the public. reopened, to show visitors the process during the greatest wave of immigration in American history; SEC. 6. APPROPRIATIONS. of urban archeology. Others will be re- (2) the Museum is well suited to represent There are authorized to be appropriated stored to show how real families lived a profound social movement involving great such sums as are necessary to carry out this at different periods in the building’s numbers of unexceptional but courageous Act. history. At a nearby site there will be people; Mr. MOYNIHAN. Mr. President, I rise interpretive programs to better explain (3) no single identifiable neighborhood in to join my friend and colleague Sen- the larger experience of gaining a foot- the United States absorbed a comparable ator D’AMATO in introducing a bill that hold on America in the Lower East number of immigrants; will authorize a small but most signifi- Side of New York. (4) the Lower East Side Tenement Museum cant addition to the National Park There are also plans for pro- is dedicated to interpreting immigrant life on the Lower East Side and its importance System by designating the Lower East grammatic ties with Ellis Island and to United States history, within a neighbor- Side Tenement Museum a national his- its precursor, Castle Clinton. And the hood long associated with the immigrant ex- toric site. For 150 years New York Museum plans to play an active role in perience in America; and City’s Lower East Side has been the the immigrant community around it,

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7187 further integrating the past and appearing faster than any other large their efforts to stem the increasing present immigrant experience on the mammal on the planet. No more than trade in these magnificent animals. Lower East Side. 5,000 to 7,500 Bengal tigers and fewer This bill designates the Tenement than 650 Sumatran tigers remain in the By Mr. DEWINE: Museum a national historic site. It also world. S. 1916. A bill to authorize the Sec- authorizes the Secretary of the Inte- Ironically, in many ways their rarity rior to enter into cooperative agree- and mystique are contributing to the retary of the Army to convey to the ments with the Museum. Such agree- problem. The parts of these animals village of Mariemont, OH, a parcel of ments could include technical or finan- are advertised as having powerful me- land referred to as the ‘‘Ohio River Di- cial assistance to help restore, operate, dicinal qualities. For example, tiger vision Laboratory of the Army Corps of maintain, or interpret the site. Agree- bone and rhino horn are considered to Engineers’’, and for other purposes; to ments can also be made with the Stat- calm convulsions and enhance lon- the Committee on Environment and ue of Liberty/Ellis Island and Castle gevity. The business of trade in endan- Public Works. Clinton to help with the interpretation gered species parts and products is be- THE ARMY CORPS OF ENGINEERS LEGISLATION of life as an immigrant. It will be a coming big business and encouraging Mr. DEWINE. Mr. President, I rise to increased poaching of these animals— productive partnership. introduce a bill that provides for the Mr. President, I believe the Tene- threatening international recovery ef- transfer of 3.22 acres of land owned by ment Museum provides an outstanding forts. A booming underground market the Army Corps of Engineers at an ap- opportunity to preserve and present an has developed around the trade of en- praised value to the Village of important stage of the immigrant ex- dangered species parts and products. perience and the move for social Mr. President, today I am intro- Mariemont, OH. The proceeds of the change in our cities at the turn of the ducing a bill that will address a re- sale will be deposited in the general century. I know of no better place than maining loophole in the Endangered fund of the Treasury and credited as 97 Orchard Street to do so, and no Species Act that allows the sale of miscellaneous receipts. The General other place in the National Park Sys- products labeled as containing endan- Services Administration conducted a tem doing so already. I look forward to gered species. My legislation will 30-day Federal screening of the prop- the realization of this grand idea, and I amend section 9 of the Endangered Spe- erty and informed the minority side of ask my colleagues for their support. cies Act to prohibit the sale of prod- the Governmental Affairs Committee ucts labeled as containing any species and me that no Federal agency ex- By Mr. HATCH: of fish or wildlife listed in Appendix I pressed interest in the property. S. 1914. A bill to amend the Internal of the Convention on International Revenue Code of 1986 to clarify the Trade in Endangered Species. By Mr. ABRAHAM (for himself treatment of research related to an ex- Through this legislation, we will be and Mr. SHELBY): isting business component; to the Com- addressing the increasing trade in en- S. 1917. A bill to authorize the State mittee on Finance. dangered species in two ways—first, by of Michigan to implement the dem- CLARIFICATION LEGISLATION giving U.S. law enforcement officers onstration project known as ‘‘To Mr. HATCH. Mr. President, I ask the ability to prosecute the retailers of Strengthen Michigan Families’’; to the unanimous consent that the text of the these products; and—second, by curb- bill be printed in the RECORD. ing the marketing of endangered spe- Committee on Finance. There being no objection, the bill was cies parts as key ingredients in medic- MICHIGAN WELFARE WAIVER LEGISLATION ordered to be printed in the RECORD, as inal products. Mr. ABRAHAM. Mr. President, I rise follows: First, there is currently no legal today along with my colleague from S. 1914 mechanism to confiscate or prosecute Alabama, Senator SHELBY, to intro- Be it enacted by the Senate and House of Rep- for sale or display of these products duce legislation that will allow the resentatives of the United States of America in once they are on store shelves. Congress assembled, State of Michigan to proceed with the Through this legislation, law enforce- SECTION 1. CLARIFICATION OF RESEARCH ON third phase of its comprehensive wel- ment officers will be able to start ad- EXISTING BUSINESS COMPONENTS fare reform program, known as ‘‘To ELIGIBLE FOR RESEARCH CREDIT. dressing the increasing promotion and Strengthen Michigan Families.’’ This (a) IN GENERAL.—Subparagraph (C) of sec- sale of products labeled as containing tion 41(d)(4) of the Internal Revenue Code of endangered species. legislation is similar to legislation 1986 (relating to activities for which credit is By addressing the marketing of these which recently passed the House of not allowed) is amended by adding at the end products, this legislation will help curb Representatives that authorized the the following new sentence: ‘‘The preceding State of Wisconsin to proceed with its sentence shall not apply to research related the expanding domestic U.S. market for medicines that contain, or claim to latest welfare reform initiatives with- to the development of a business component out requiring formal waiver approval of a taxpayer which is an original alter- contain, endangered species parts. By native to achieve the equivalent result of an allowing these products to remain on by the U.S. Department of Health and existing business component of a competitor the shelves of stores across the coun- Human Services. of the taxpayer.’’ try, we are perpetuating the reliance In 1992, Michigan began a comprehen- (b) EFFECTIVE DATE.—The amendment upon and perception of the efficacy of sive overhaul of its welfare reform pro- made by this section shall apply to taxable years beginning after the date of the enact- endangered species I addressing health grams. This effort, called ‘‘To ment of this Act. ailments. Again, this perception is Strengthen Michigan Families,’’ was fueling increased poaching and smug- guided by four major principles that By Mr. JEFFORDS: gling of endangered species around the distinguished it from existing Federal S. 1915. A bill to amend the Endan- world. welfare policy. gered Species Act of 1973 to prohibit Mr. President, in order to eliminate First, Michigan sought to eliminate the sale of products labeled as con- the domestic market for patented many of the existing disincentives for taining endangered species, and for medicines and other products con- welfare recipients to find work and to other purposes; to the Committee on taining critically endangered tigers, earn money. Environment and Public Works. rhinos and other species, and to in- THE RHINO AND TIGER PRODUCTS LABELING ACT crease the success and frequency of Second, Michigan proposed to end the Mr. JEFFORDS. Mr. President, it prosecutions of merchants and traf- elements in the current system which gives me great pleasure today to intro- fickers of these items, this change in serve either as an incentive for fami- duce legislation aimed at helping to current law is needed. Let us send a lies to split up or as a disincentive for stem the dramatic decrease in popu- message to these merchants and traf- couples to become or to remain mar- lations of some of the Earth’s most ex- fickers of endangered species that the ried. otic and magnificent animals. Animals United States will not help feed the Third, Michigan sought to instill in- such as the African black rhino, the global demand for endangered species. creased personal responsibility among white rhino, the Bengal tiger and other Mr. President, let us send a strong and welfare recipients by making greater endangered species are on the brink of forceful message to our wildlife en- demands of them with respect to find- extinction. Rhinos and tigers are dis- forcement officers that we support ing work or obtaining the education

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7188 CONGRESSIONAL RECORD — SENATE June 27, 1996 and skills necessary to finding future house of representatives passed the leg- MICHIGAN’S LATEST ROUND OF PROPOSED WEL- employment. islation by a margin of 85 to 22. FARE REFORMS IN THE ‘‘TO STRENGTHEN MICHIGAN FAMILIES’’ PROGRAM Fourth, Michigan sought to supple- In the latest series of reforms, we im- ment these changes in personal and fa- The third phase of Michigan’s on- pose tougher requirements on welfare milial behavior with a commitment to going efforts at comprehensive welfare recipients, but we also pledge more as- greater involvement on the part of reform, called ‘‘To Strengthen Michi- sistance—including child care, trans- community-based institutions, espe- gan’s Families,’’ passed the Michigan portation and health care—in helping cially faith-based organizations. State Legislature and were signed into With reforms in each of these areas, those who are attempting to make the law by Governor Engler in December Michigan began its crusade to end transition from welfare to work. The 1995. These reforms affect five major long-term, chronic welfare dependency. goal is not to punish people who re- Federal public assistance programs: It required executive action by the ceive welfare. Rather, we believe peo- AFDC, Food Stamps, Medicaid, child Governor, acts of the State Legisla- ple who are in need of assistance and day care, and refugee assistance. ture, and waivers from HHS from many receive it have some important respon- The proposed reforms require a total burdensome or counterproductive regu- sibilities of their own. We stand ready of—at last count—76 waivers approved lations that were symptomatic of the to assist them as long as they are will- by the Department of Health and existing failed system. And in 1994, ing to make genuine efforts toward be- Human Services. The major compo- Michigan enacted and began implemen- coming self-sufficient. nents of the reform package fall into tation of its second set of comprehen- Mr. President, if Congress and the four general categories: sive welfare reforms, building on the President cannot agree on comprehen- (1) Increased Personal Responsibility for foundation established by the original sive welfare reform legislation at the Individuals Receiving Assistance: Require attendance for all adult AFDC, reform initiatives. national level, I believe individual Food Stamps, and State General Assistance The results of Michigan’s reforms to States must be allowed to implement applicants/recipients at a joint orientation date have been impressive and dem- their own bold and innovative new ap- meeting with Family Independence Agency onstrate Michigan’s success in moving proaches to ending welfare dependency. and Michigan Job Commission personnel as a people off of welfare. Michigan’s AFDC Under the present system, States are condition for eligibility. caseload has dropped from 221,884 cases required to obtain prior approval from Require recipients to enter into a Family in September 1992 to 176,634 cases in HHS before they implement many Independence Contract. May 1996—a decrease of 45,250 cases. Require compliance with work activity re- types of reform. The latest package of quirements within 60 days. Failure to com- The current AFDC caseload level is the Michigan reforms would require 76 ply will result in the loss of the family’s lowest in nearly 25 years in Michigan. waivers. When you consider that dur- AFDC benefits and food stamps for a min- Caseloads in our State have decreased ing the 31⁄2 years of the Clinton admin- imum of one month and until there is com- for 26 straight months and have fallen istration HHS has only approved 67 pliance with work requirements. by more than 20 percent over the past waivers nationwide, there is tremen- Require teen parents to live in an adult-su- pervised setting and stay in school. Failure 2 years. dous concern as to how long it will There is similar evidence that Michi- to comply will result in case closure. likely take for all of Michigan’s waiv- (2) Assistance and Incentives for Those gan’s emphasis on placing welfare re- ers to become approved—if they ever Seeking Employment: cipients into employment activities are all approved. Provide greater employment-related serv- has been effective. During fiscal year ices. 1994 alone, nearly 30,000 individuals The bill I am introducing today will Guarantee access to child care. were placed into employment. In addi- provide the State of Michigan the lati- Guarantee transportation. tude it needs and deserves to conduct Guarantee access to health care for anyone tion, by January 1996, the number of leaving welfare for work. cases with earned income had risen to effective welfare reform until it can be Provide more resources to welfare recipi- 31.1 percent, compared to the 15.7 per- enacted at the national level. As I dis- ents who work by providing monthly EITC cent of cases with earned income in cussed earlier in my remarks, Michi- payments instead of one lump sum payment. September 1992. The most recent fig- gan’s leadership in the area of welfare (3) Remove Unnecessary or Overly Burden- ures available—May 1996—for percent- reform is well-known. To date, the re- some Regulations: Provide for a vastly simplified application age of caseload with earned income is forms have been very successful—both in moving people off of welfare and in form—reduced from the current 30 pages to 6 29.1 percent. Since September 1992, over pages in length. 90,000 AFDC cases have been closed as a improving the quality of life for those Provide for the most dramatic simplifica- result of earned income from employ- who remain on welfare. The latest tion of AFDC, Food Stamps, and Medical As- ment. round of reforms follows in the tradi- sistance anywhere in the country. In developing the latest round of re- tion of tough but compassionate wel- Streamline services by establishing a sin- form initiatives, Michigan created ad- fare policies that we in Michigan start- gle point of contact with the welfare office ed in 1992. The people of Michigan de- for each welfare recipient—regardless of the visory committees to make policy rec- mix of benefits received. ommendations in four core areas of serve to be allowed to move forward ex- (4) Strengthening Families and Increasing public assistance: AFDC and other cash peditiously with these latest reform Community Involvement: assistance, child care, child protection, initiatives. Provide additional funding for prevention and Medicaid. These advisory commit- It is my hope that the Clinton admin- services to help keep children safe and tees were each comprised of 50 to 100 strengthen families. istration will move quickly to approve Allow faith-based organizations to work people selected to represent a broad all of the necessary waivers that have with communities to address the needs of cross-section of community leaders, been requested. If that does not hap- welfare recipients. service providers and advocates, and pen, the legislation that I have intro- users of services. These advisory com- duced in the Senate today—and that By Mr. ROTH (for himself, Mr. mittees conducted over 400 focus group my friend and colleague Representa- MOYNIHAN, Mr. CHAFEE, Mr. meetings involving more than 4,000 tive DAVE CAMP is introducing today in BAUCUS, Mr. SIMPSON, Mr. participants. Their objective was to the other body—will be available for us CONRAD, Mr. GRASSLEY, Ms. analyze the current system and iden- to bring to the floor for debate and MOSELEY-BRAUN, Mr. BRADLEY, tify barriers to greater program effi- hopefully passage. Mr. ROCKEFELLER, Mr. MUR- ciency and to moving people more KOWSKI, Mr. NICKLES, Mr. Mr. President, I ask unanimous con- quickly and compassionately from wel- PRYOR, Mr. GRAHAM, Mr. sent that an analysis of the reforms in- fare to self-sufficiency. BREAUX, Mr. GRAMM, Mr. cluded in the most recent proposed re- The advisory committees were a key D’AMATO, Mr. HATCH, Mr. forms in the Michigan program be in- reason why these reforms received such PRESSLER, and Mr. LOTT): strong bipartisan support in the Michi- cluded in the RECORD. S. 1918. A bill to amend trade laws gan State Legislature. The Michigan There being no objection, the mate- and related provisions to clarify the State Senate adopted the reform pack- rial was ordered to be printed in the designation of normal trade relations; age on a vote of 30 to 7. The State RECORD; as follows: to the Committee on Finance.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7189 THE NORMAL TRADE RELATIONS ACT I urge my colleagues to support this Conservation Act [ANILCA]. I intro- Mr. ROTH. Mr. President, since the modest, but important piece of legisla- duce this so that we can return to the founding of our Republic, the corner- tion. original intentions of the act and clar- stone of United States international Mr. MOYNIHAN. Mr. President, ify the blurring of lines that have oc- trade policy has been the principle of today I join with the chairman of the curred over the years. nondiscrimination. What this principle Committee on Finance in introducing Fifteen years ago, Congress enacted means is that every country will give legislation to bring new clarity to the the ANILCA. Over the opposition of equal treatment to all products it im- muddled language of U.S. trade policy. many Alaskans, over 100 million acres ports from any other country. For ex- The unanimity of support for this leg- of land was set aside in a series of vast ample, the United States applies the islation is demonstrated by the fact Parks, Wildlife Refuges, and Wilder- same tariff duty rate on a particular that each and every Member of the Fi- ness units. Much of the concern about product imported from one country as nance Committee is an original cospon- the act was the impact of these Federal it applies to imports of the same prod- sor. units, and related management restric- uct from all other countries. Since the 18th century, the United tions, on traditional activities and life- However, the principle of non- States has pursued a policy of non- styles. discrimination goes beyond just trade discrimination among its trading part- To allay these concerns, ANILCA in- in goods. For example, if a foreign ners. This policy has created consider- cluded a series of unique provisions de- company wants to set up a branch in able equality in the trading conditions signed to ensure that traditional ac- the United States, it is subject to the we extend to the great majority of tivities and lifestyles would continue, same rules for establishing and running countries with which we trade. If the that Alaskans would not be subjected its operations as companies from all United States has normal trade rela- to a permit lifestyle, and that the other countries operating in the United tions with a country, that country re- agencies would be required to recognize States. ceives treatment equal to most others the crucial distinction between man- aging small units surrounded by mil- The traditional term for this prin- under our trade laws. lions of people in the lower 48 and vast ciple of nondiscrimination is most-fa- The legislation we introduce today is multi-million acre units encompassing vored-nation treatment, or MFN for designed to call this policy of equal a relative handful of individuals and short. This term is rooted in a very old treatment what it is—normal trade re- communities in Alaska. The sponsors concept in international law which lations. For it has become increasingly of ANILCA issued repeated assurances states that in trade relations, all coun- clear that the 18th century term used that the establishment of these units tries will receive the same treatment to describe this policy of equal treat- would in fact protect traditional ac- as the most favored nation. ment, the term that still prevails in our international agreements, our tivities and lifestyles and not place While the term ‘‘most-favored-na- laws, and our usage, has served only to them in jeopardy. tion’’ is very old, it is a misnomer that confuse. By confusing, it is compli- Early implementation of the act has created much confusion as to its cating the conduct of American foreign closely reflected these promises. How- exact meaning. There is no such thing trade policy. ever, as the years have passed, many of as a most favored nation—it is merely Much of international and American the Federal managers seem to have a hypothetical concept. Yet, many mis- law would have one believe that there lost sight of these important represen- takenly believe that a country that has is a select handful of countries that are tations to the people of Alaska. Agency MFN status is being singled out for most favored. Not at all the case, so it personnel, trained primarily in lower 48 special status or preferential treat- is time to stop suggesting so. circumstances, have brought the men- ment. The legislation we introduce today tality of restriction and regulation to Despite its name, however, MFN is states that it is the sense of the Con- Alaska. The critical distinctions be- not a special trading privilege or re- gress that henceforth U.S. law should tween management of Parks, Refuges ward, nor is it the most favorable trade more clearly reflect the underlying and Wilderness areas in the 49th State treatment that the United States gives principles of U.S. trade policy by sub- and the lower 48 have blurred. The re- to its trading partners. Rather, MFN stituting the term ‘‘normal trade rela- sult is the spread of restriction and refers to the uniform trade treatment tions’’ for the term ‘‘most-favored-na- regulation and the creation of the that the United States gives to nearly tion.’’ In each instance in U.S. trade exact permit lifestyle which we were every country in the world. Because law where it is appropriate to make promised would never happen. there are only seven countries in the such a change, the legislation does so. I have become increasingly aware of world to which the United States does To our trading partners, let me say this disturbing trend. In my conversa- not give MFN status, MFN denotes the that there is no intention to alter our tions with Alaskans, I hear many com- ordinary, not the exceptional, trading international rights or obligations by plaints about every increasing re- relationship. virtue of this legislation. ‘‘MFN’’ is a straints on traditional activities and To help correct the misconception term with a long history of application requirements for more and more paper- created by the term ‘‘most-favored-na- and interpretation. We mean no sub- work and permits. A whole new indus- tion’’, Senator MOYNIHAN and Senator stantive change here. Our purpose is try has sprung up to help Alaskans CHAFEE have argued for some time that solely linguistic—to change the lan- navigate the bureaucratic shoals that the term should be changed. I agree guage, not the content, or our trade have built up during the past few with my colleagues that a better term policy so that it is more comprehen- years. is needed. After working with them and sible. Let me cite a few of the incidents Senator BAUCUS on this issue, I am now I hope the Senate will have an oppor- that have come to our attention and introducing a bill, with the cosponsor- tunity to act on this legislation soon. I were discussed last year during over- ship of the entire membership of the commend it to the attention of the sight hearings held by the Committee Committee on Finance, that would es- Senate. on Energy and Natural Resources. The tablish a new term—‘‘normal trade re- U.S. Fish and Wildlife Service decides lations’’ as a more accurate description By Mr. MURKOWSKI: it wants to establish a wilderness man- in U.S. law and regulation of the prin- S. 1920. A bill to amend the Alaska agement regime and eliminate motor- ciple of nondiscrimination. Creating National Interest Lands Conservation boat use on a river. It proceeds with this new term does not in any way Act, and for other purposes: to the the plan until protests cause the Re- alter the international rights and obli- Committee on Energy and Natural Re- gional Solicitor to advise the Service gations of the United States. Rather, sources. that its plan violates section 1110(a) of we merely seek to clarify that the prin- THE ALASKA NATIONAL INTEREST LANDS ANILCA. Owners of cabins built, occu- ciple of nondiscrimination under U.S. CONSERVATION ACT AMENDMENT ACT OF 1996 pied, and used long before ANILCA are law denotes the standard and normal ∑ Mr. MURKOWSKI. Mr. President, told they must give up their interests trade relationship that we have with today I introduce legislation to amend in the cabins although section 1303 ex- nearly every country in the world. the Alaska National Interest Lands pressly enables cabin owners to retain

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7190 CONGRESSIONAL RECORD — SENATE June 27, 1996 their possessory interests in their cab- HATCH and the Senator from Arkansas of Defense, for military construction, ins. Visitor services contracts are [Mr. BUMPERS] were added as cospon- and for defense activities of the De- awarded and then revoked because the sors of S. 1487, a bill to establish a dem- partment of Energy, to prescribe per- agencies failed to adhere to the re- onstration project to provide that the sonnel strengths for such fiscal year quirements of section 1307. Small land- Department of Defense may receive for the Armed Forces, and for other owners of inholdings seek to secure ac- medicare reimbursement for health purposes. cess to their property and are informed care services provided to certain medi- AMENDMENT NO. 4111 that they must file for a right-of-way care-eligible covered military bene- At the request of Mr. COCHRAN his as a transportation and utility system ficiaries. name was added as a cosponsor of and pay the U.S. hundreds of thousands S. 1578 amendment No. 4111 intended to be pro- of dollars to prepare a totally unneces- At the request of Mr. FRIST, the posed to S. 1745, an original bill to au- sary environmental impact statement. name of the Senator from Maine [Mr. thorize appropriations for fiscal year An outfitter spends substantial time COHEN] was added as a cosponsor of S. 1997 for military activities of the De- and money responding to a request for 1578, a bill to amend the Individuals partment of Defense, for military con- proposals, submits an apparently win- with Disabilities Education Act to au- struction, and for defense activities of ning proposal, and has the agency arbi- thorize appropriations for fiscal years the Department of Energy, to prescribe trarily change its mind and decide to 1997 through 2002, and for other pur- personnel strengths for such fiscal year withdraw its request—it does not offer poses. for the Armed Forces, and for other to compensate the outfitter for his ef- purposes. S. 1628 forts. AMENDMENT NO. 4177 State fish and game regulations are At the request of Mr. BROWN, the At the request of Mr. HARKIN the name of the Senator from Kentucky circumvented by agency review boards names of the Senator from North Da- that give benefits to guide applicants [Mr. MCCONNELL] was added as a co- kota [Mr. CONRAD], the Senator from willing to limit their take of animals sponsor of S. 1628, a bill to amend title New Jersey [Mr. LAUTENBERG], and the consistent with the Federal agencies’ 17, United States Code, relating to the Senator from North Dakota [Mr. DOR- desires rather than management rules copyright interests of certain musical GAN] were added as cosponsors of of the Alaska Game Board. performances, and for other purposes. Mr. President, the legislation I intro- amendment No. 4177 proposed to S. S. 1660 1745, an original bill to authorize ap- duce today will ensure that agencies At the request of Mr. GLENN, the are fairly implementing ANILCA con- propriations for fiscal year 1997 for name of the Senator from North Caro- military activities of the Department sistent with its written provisions and lina [Mr. FAIRCLOTH] was added as a co- promises. These technical corrections of Defense, for military construction, sponsor of S. 1660, a bill to provide for and for defense activities of the De- to ANILCA will ensure that its imple- ballast water management to prevent mentation is consistent with the intent partment of Energy, to prescribe per- the introduction and spread of non- sonnel strengths for such fiscal year of Congress. indigenous species into the waters of Mr. President, conditions have for the Armed Forces, and for other the United States, and for other pur- changed in the 15 years since the pas- purposes. poses. sage of ANILCA and we have all had a AMENDMENT NO. 4203 great deal of experience with the act’s S. 1743 At the request of Mr. GLENN the implementation. It is time to make the At the request of Mr. BINGAMAN, the names of the Senator from North Caro- law clearer and to make the Federal names of the Senator from Arizona lina [Mr. HELMS and the Senator from manager’s job easier. We want to turn [Mr. MCCAIN and the Senator from New York [Mr. D’AMATO] were added as to the original intent of Congress in North Dakota [Mr. CONRAD] were added cosponsors of amendment No. 4203 in- some cases to make sure that intent is as cosponsors of S. 1743, a bill to pro- tended to be proposed to S. 1745, an being carried out. vide temporary emergency livestock original bill to authorize appropria- Next month I plan on holding a hear- feed assistance for certain producers, tions for fiscal year 1997 for military ing on this bill and look forward to and for other purposes. activities of the Department of De- gaining the support of my colleagues S. 1898 fense, for military construction, and for passage of this legislation.∑ At the request of Mr. DOMENICI, the for defense activities of the Depart- f name of the Senator from Maine [Ms. ment of Energy, to prescribe personnel strengths for such fiscal year for the ADDITIONAL COSPONSORS SNOWE] was added as a cosponsor of S. 1898, a bill to protect the genetic pri- Armed Forces, and for other purposes. S. 814 vacy of individuals, and for other pur- AMENDMENT NO. 4218 At the request of Mr. MCCAIN, the poses. At the request of Mr. LAUTENBERG name of the Senator from Oklahoma the name of the Senator from Massa- S. 1899 [Mr. INHOFE] was added as a cosponsor chusetts [Mr. KENNEDY] was added as a At the request of Mr. MURKOWSKI, the of S. 814, a bill to provide for the reor- cosponsor of amendment No. 4218 pro- name of the Senator from Rhode Island ganization of the Bureau of Indian Af- posed to S. 1745, an original bill to au- [Mr. CHAFEE] was added as a cosponsor fairs, and for other purposes. thorize appropriations for fiscal year of S. 1899, a bill entitled the ‘‘Mollie S. 1044 1997 for military activities of the De- Beattie Alaska Wilderness Area Act’’. At the request of Mrs. KASSEBAUM, partment of Defense, for military con- the name of the Senator from Idaho SENATE JOINT RESOLUTION 52 struction, and for defense activities of [Mr. CRAIG] was added as a cosponsor of At the request of Mr. KYL, the names the Department of Energy, to prescribe S. 1044, a bill to amend title III of the of the Senator from Louisiana [Mr. personnel strengths for such fiscal year Public Health Service Act to consoli- BREAUX and the Senator from Ne- for the Armed Forces, and for other date and reauthorize provisions relat- braska [Mr. EXON] were added as co- purposes. ing to health centers, and for other sponsors of Senate Joint Resolution 52, AMENDMENT NO. 4349 purposes. a joint resolution proposing an amend- At the request of Mr. NUNN the S. 1304 ment to the Constitution of the United names of the Senator from Iowa [Mr. At the request of Mr. MCCAIN, the States to protect the rights of victims HARKIN and the Senator from Utah name of the Senator from Minnesota of crimes. [Mr. HATCH] were added as cosponsors [Mr. GRAMS] was added as a cosponsor AMENDMENT NO. 4083 of amendment No. 4349 proposed to S. of S. 1304, a bill to provide for the At the request of Mr. GRAMM the 1745, an original bill to authorize ap- treatment of Indian tribal governments name of the Senator from Arizona [Mr. propriations for fiscal year 1997 for under section 403(b) of the Internal MCCAIN] was added as a cosponsor of military activities of the Department Revenue Code of 1986. amendment No. 4083 proposed to S. of Defense, for military construction, S. 1487 1745, an original bill to authorize ap- and for defense activities of the De- At the request of Mr. GRAMM, the propriations for fiscal year 1997 for partment of Energy, to prescribe per- names of the Senator from Utah [Mr. military activities of the Department sonnel strengths for such fiscal year

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7191 for the Armed Forces, and for other increasing emphasis on work and job train- S. RES. 273 purposes. ing should be evaluated in light of data dem- Whereas on June 25, 1996, a massive truck onstrating the extent to which domestic vio- bomb exploded at the King Abdul Aziz Air f lence affects women’s participation in such Base near Dhahran, in the Kingdom of Saudi SENATE CONCURRENT RESOLU- programs, and in light of the Congress’ com- Arabia. TION 66—RELATIVE TO WELFARE mitment to seriously address the issue of vi- Whereas this horrific attack killed at least REFORM olence against women as evidenced by the nineteen Americans and injured at least enactment of the Violence Against Women three hundred more: Mr. WELLSTONE (for himself, Mr. Act: Now, therefore, be it Whereas the bombing also resulted in 147 KENNEDY, Mrs. MURRAY, Mr. WYDEN, Resolved by the Senate (the House of Rep- Saudi casualties; Mr. FEINGOLD, Mr. AKAKA, Mr. SIMON, resentatives concurring), That— Whereas the apparent target of the attack (1) when the Congress considers proposed and Mr. SARBANES) submitted the fol- was an apartment building housing United welfare legislation, it should seriously evalu- States service personnel; lowing concurrent resolution; which ate whether such welfare measure would ex- Whereas on November 13, 1995, a terror at- was referred to the Committee on Fi- acerbate violence against women, make it tack in Saudi Arabia, also directed against nance. more difficult for women and children to es- U.S. service personnel, killed five Ameri- S. CON. RES. 66 cape domestic violence, or would unfairly pe- cans, and two others; Whereas, in enacting the Violence Against nalize women and children victimized by or Whereas individuals with ties to Islamic Women Act, the Congress recognized the epi- at risk of violence; extremist organizations were tried, found demic of violence that affects all aspects of (2) any welfare legislation enacted by the guilty and executed for having participated women’s lives; Congress should require that any welfare-to- in the November 13 attack; Whereas United States Armed Forces per- Whereas violence against women is the work, education, or job placement program sonnel are deployed in Saudi Arabia to pro- leading cause of physical injury to women, implemented by the States should take do- tect the peace and freedom secured in Oper- and the Department of Justice estimates mestic violence into account, by providing, ations Desert Shield and Desert Storm; that every year more than 1,000,00 violent among other things, mechanisms for— Whereas the relationship between the crimes against women, including assault, (A) screening and identifying recipients United States and the Kingdom of Saudi rape, and murder, are committed by inti- with a history of domestic violence; Arabia has been built with bipartisan sup- mate partners of the women; (B) referring such recipients to counseling port and has served the interest of both Whereas the American Psychological Asso- and supportive services; countries over the last five decades and; ciation has reported that violence against (C) tolling time limits for recipients vic- timized by domestic violence; and Whereas this terrorist outrage underscores women is usually witnessed by the children the need for a strong and ready military able of the direct victims, and that such child (D) waiving, pursuant to a determination to defend American interests. witnesses suffer severe psychological, cog- of good cause, other program requirements such as residency requirements, child sup- Resolved, That the Senate— nitive, and physical damage, and studies (1) condemns in the strongest terms the at- have shown that children residing in bat- port cooperation requirements, and family cap provisions, in cases where compliance tacks of June 25, 1996, and November 13, 1995 tered mothers’ homes are 15 times more like- in Saudi Arabia; ly to be physically abused or neglected, and with such requirements would make it more difficult for the recipients to escape domes- (2) extends condolences and sympathy to male children residing in such homes are 3 the families of all those United States serv- times more likely to be violent with their fe- tic violence or unfairly penalize recipients victimized by or at risk of further violence; ice personnel killed and wounded, and to the male partners when they reach adulthood. Government and people of the Kingdom of Whereas violence against women dramati- (3) any welfare legislation enacted by the Congress should include a provision requir- Saudi Arabia; cally affects women’s workforce participa- (3) honors the United States military per- ing that the Comptroller General should de- tion, insofar as 1⁄4 of battered women sur- sonnel killed and wounded for their sacrifice velop and implement a comprehensive study veyed reported that they had lost a job due, in service to the nation; of the incidence and effect of domestic vio- at least in part, to the effects of domestic vi- (4) expresses its gratitude to the Govern- lence on AFDC recipients, including a study olence, and that over 1⁄2 of battered women ment and the people of the Kingdom of Saudi of the extent to which domestic violence reported that they had been harassed by Arabia for their heroic rescue efforts at the both precipitates and prolongs women’s and their abuser at work; scene of the attack and their determination children’s poverty and the need for AFDC; Whereas violence against women is often to find and punish those responsible for this and exacerbated as women seek to gain economic outrage; independence, and often increases when (4) any welfare reform legislation adopted (5) reaffirms its steadfast support for the women attend school or training programs, by the States that contains a welfare-to- Government of the Kingdom of Saudi Arabia and batterers often prevent women from at- work, education, or job placement program and for continuing good relations between tending such programs, and often sabotage should take domestic violence into account, the United States and Saudi Arabia; their efforts at self-improvement; by providing, among other things, mecha- (6) determines that such terror attacks Whereas numerous studies have shown nisms for— present a clear threat to United States inter- that at least 60 percent of battered women (A) screening and identifying recipients ests in the Persian Gulf; suffer from some or all of the following with a history of domestic violence; (7) calls upon the United States Govern- symptoms: terrifying flashbacks, sleep dis- (B) referring such recipients to counseling ment to continue to assist the Government orders, inability to concentrate, as well as and supportive services; of Saudi Arabia in its efforts to identify other symptoms, all of which can impair a (C) tolling time limits for recipients vic- those responsible for this contemptible at- victim’s ability to obtain and retain employ- timized by domestic violence; and tack; ment; (D) waiving other program requirements, (8) urges the United States Government to Whereas several recent studies indicate pursuant to a determination of good cause, use all reasonable means available to the that over 50 percent of women in welfare-to- such as residency requirements, child sup- Government of the United States to punish work programs have been or currently are port cooperation requirements, and family the parties responsible for this cowardly victims of domestic violence, and a study by cap provisions, in cases where compliance bombing; and the State of Washington indicates that over with such requirements would make it more (9) reaffirms its commitment to provide all 50 percent of recipients of Aid to Families difficult for the recipients and their children necessary support for the men and women of with Dependent Children (AFDC) in that to escape domestic violence or unfairly pe- our Armed Forces who volunteer to stand in State have been so victimized; nalize recipients victimized by or at risk of harm’s way. further violence. Whereas the availability of economic sup- f port is a critical factor in a woman’s ability f SENATE RESOLUTION 274— to leave abusive situations that threaten SENATE RESOLUTION 273—CON- themselves and their children, and over 1⁄2 of RELATIVE TO NETDAY96 battered women surveyed reported that they DEMNING TERROR ATTACKS IN SAUDI ARABIA Mrs. FEINSTEIN (for herself and stayed with their batterers because they Mrs. BOXER) submitted the following lacked resources to support themselves and Mr. HELMS (for himself, Mr. PELL, resolution; which was referred to the their children; Mr. LOTT, Mr. DASCHLE, Mr. BROWN, Committee on the Judiciary: Whereas proposals to restructure the Mrs. FEINSTEIN, Mr. REID, Ms. AFDC program may impact the availability S. RES. 274 MOSELEY-BRAUN, Mr. BRYAN, Mr. of the economic support and the safety net Whereas the children of the United States COATS, Mr. BAUCUS, Mr. MOYNIHAN, Mr. necessary to enable poor women to flee abuse deserve the finest preparation possible to without risking homelessness and starvation DOMENICI, Mr. GRAMM, and Mr. COVER- face the demands of this Nation’s changing for their families; and DELL) submitted the following resolu- information-based economy; Whereas proposals to restructure the tion; which was considered and agreed Whereas on March 9, 1996, California’s AFDC program by imposing time limits and to: NetDay96 succeeded in bringing together

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7192 CONGRESSIONAL RECORD — SENATE June 27, 1996 more than 50,000 volunteers to install the nities in order to help them compete more volunteers at work in schools across wiring infrastructure necessary to connect successfully in the global economy; the State. Cathy Widener of my staff classrooms, from kindergarten to the high (4) businesses, students, parents, edu- described the work at Brittan Acres El- cators, and unions throughout the country school level (K–12), to the Information Su- ementary School in San Carlos, Cali- perhighway and bring them the educational should consider organizing NetDay96 activi- benefits of contemporary technology; ties in their communities to provide similar fornia as ‘‘inspirational.’’ Cathy at- Whereas California’s NetDay96 succeeded opportunities for their schools; and tended school at Brittan Acres and her in wiring 3,500 K–12 schools efficiently and (5) the Senate affirms its support of father teaches there. cost-effectively, while establishing and im- NetDay96’s commitment to have United Cathy noted parents and teachers proving classroom information infrastruc- States classrooms fitted with the needed were on the classroom floor, pulling ture; technological infrastructure for the 21st cen- cable and installing wires, as employ- tury. Whereas NetDay96 organizers created a ees of California’s leading high tech World Wide Web site (http:// Mrs. FEINSTEIN. Mr. President, I companies provided instructions and www.netday96.com/) with an on-line database rise today to address technology and directed traffic. of all schools, where individuals with a children, two of our Nation’s highest shared interest in upgrading technology in Dalila De Lancey, principal of Free- investment priorities. port Elementary School, a magnet their schools can locate each other and form March 9 was a very exciting day this school in the Sacramento school sys- communities with a lasting interest in their year in California. On March 9, more schools; tem, indicates the school connected than 50,000 Californians volunteered in Whereas NetDay96 stresses educational op- every classroom and library in the their neighborhood schools, installing portunity for everyone by reaching out to school. Corporate sponsors, including communications cables, connecting rural and lower income communities to Apple, Hewlett-Packard, Pacific Bell, equalize access to current technology; wires and switches, and upgrading Whereas the relationships formed on their schools for the 21st century. Sun Microsystems and others donated NetDay96 between schools and their commu- Throughout the State, volunteers in- equipment needed to get the job done. Carolyn Harper, the Elmhurst Middle nities will last well beyond March 9, 1996, stalled the wiring infrastructure to and other states are already planning to or- School Librarian in Oakland appre- connect thousands of elementary and ganize future NetDay activities, for this Oc- ciated the support from Honeywell secondary school classrooms to the in- tober and beyond, that build and expand Corp., whose volunteers brought lad- upon the initial achievements of the formation superhighway and provided schools with the educational benefits ders, tools, and loads of enthusiasm. NetDay96 activities; NetDay96 was part of the Oakland Uni- Whereas NetDay96 has substantially in- of contemporary technology. creased the visibility of educational tech- March 9, named ‘‘NetDay96’’ by its fied School District’s effort to com- nology issues; cofounders John Gage of Sun Micro- plete the construction of a district- Whereas NetDay96 enables schools to move systems, one of the Nation’s leading wide computer network and develop a into the information age through commu- technology companies, and Michael technology exchange program to recon- nity and cyberspace-based action; dition and install computers. Whereas students and schools benefit from Kaufman of KQED, a California public broadcasting station, was an old fash- Technology companies were an im- significant NetDay96 corporate sponsorship, portant part of Netday96 and helped to including MCI, America Online, Netscape, ioned barn-raising for the modern tech- Netcom, Earthlink, who all agreed to provide nology age. forge a partnership between Califor- free Internet access to every K–12 school in Just as volunteers would gather in nia’s businesses and schools to improve California, AT&T, Pacific Bell, Sun Micro- the Nation’s early years, neighbors education for all students. Even if stu- systems, and hundreds of other companies, helping neighbors, to build homes, dents don’t have computers at home, at who contributed by sponsoring individual barns or community buildings, Califor- least students can have access at schools, providing wiring kits, and helping to nia’s NetDay96 volunteers gathered in schools to explore, develop skills, design and test the networks; support of neighborhood schools. learn, and grow. Whereas NetDay96 will help facilitate the We all agree our children deserve the placement of educational technology, such NetDay96 succeeded in wiring 3,500 as computer hardware, software, Internet schools efficiently and cost-effectively, finest preparation possible to face the and technical services, and teaching aids and establishing and improving our class- demands of the changing information- training material, in the hands of schools room information infrastructure. based economy. NetDay96 helped meet through NetDay96 activities nationwide; Despite the State’s tremendous re- these challenges, stressing educational Whereas NetDay96 and future NetDay ac- sources and opportunities, California opportunity for everyone by reaching tivities across America will save schools and ranks 50th in the Nation in funds spent out to rural and lower-income commu- taxpayers millions of dollars in technology per student on computers. The cost of nities where current technology may startup costs; Whereas President Clinton and Vice Presi- providing one computer for each stu- be inadequate or incomplete. dent Gore participated in California’s dent, from kindergarten to high school, It may surprise others to learn that NetDay96 activities and support the expan- would cost approximately $6 billion for the most valuable asset of Netday96 sion of NetDay96 activities throughout the 1,159,565 computers. The NetDay96 ac- was, in addition to the computers, Nation in an effort to increase the level of tivities will help build community in- wires and equipment, the commitment technology in this Nation’s classrooms and volvement and ease some of the finan- of thousands of volunteers who worked to enhance the ability of children to learn; cial burden. in their community schools. Califor- and Today, it is my pleasure to submit a nia’s NetDay96 experience can be Whereas the Administration plans to work with NetDay96 organizers and corporate resolution in support of California’s adopted in other States and commu- sponsors including Sun Microsystems, Cisco NetDay96 activities, commend NetDay nities that may not have the same Systems, and BellSouth, to organize a na- organizers and volunteers and those number of technology companies as tional conference to allow States that are who would work to extend the benefits California’s Silicon Valley. planning or considering NetDay96 activities of NetDay96 nationwide. NetDay96 sponsors found that vir- to learn from each others’ experience: Now, The relationships formed between tually all companies today have the therefore, be it schools and their communities will ex- technology, expertise, and skills to Resolved, That it is the sense of the Senate tend beyond March 9. Californians are help schools if they choose to do so. that— (1) the organizers, coordinators, and volun- already planning to organize future For NetDay96, technology companies teers of NetDay96 throughout the Nation NetDay96 activities, building and ex- were as near as the local phone or cable should be commended for their actions; panding upon the earlier achievements. company. All businesses equipped to be (2) NetDay96’s success in California should Congress and the President should en- competitive today have the necessary be used as a positive model in other States courage other communities to build tools to assist schools if they have the throughout the Nation, this year and in fu- upon the success of California’s desire and opportunity to do so. ture years; NetDay96 experience and provide the NetDay96 provided them with the op- (3) NetDay96 should be expanded nation- wide to assist students, parents, and schools benefits of technology and education portunity. Companies can step forward. across the country, so that they may obtain for students and schools across the Students, parents, and schools bene- the full benefits of computer equipment and country. fited from significant NetDay96 cor- networks, strengthen their educations, and Several members of my California porate sponsorship, including compa- begin careers with more skills and opportu- staff were among the 50,000 NetDay96 nies like MCI, AT&T, NetCom, and

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7193 Earthlink, who agreed to provide free AMENDMENTS SUBMITTED (b) CONVICTION OF CERTAIN OFFENSES.— Internet access to every elementary (1) IN GENERAL.—Section 8312(a) of title 5, and secondary school in California. United States Code, is amended— Other companies such as American On- THE NATIONAL DEFENSE AUTHOR- (A) by striking ‘‘or’’ at the end of para- graph (1); line, Pacific Bell, Cisco Systems, Sun IZATION ACT FOR FISCAL YEAR (B) by striking the period at the end of Microsystems and hundreds of other 1997 paragraph (2) and inserting ‘‘; or’’; companies contributed by sponsoring (C) by adding after paragraph (2) the fol- individual schools, providing wiring lowing new paragraph: kits, and helping to design and test the ROBB (AND McCAIN) AMENDMENT ‘‘(3) is convicted of an offense named by networks. NO. 4363 subsection (d), to the extent provided by that With our current budget deficit, we subsection.’’; (Ordered to lie on the table.) (D) by striking ‘‘and’’ at the end of sub- have been doing everything we can to Mr. ROBB (for himself and Mr. encourage local, volunteer solutions to paragraph (A); MCCAIN) submitted an amendment in- (E) by striking the period at the end of difficult problems. NetDay96 and future tended to be proposed by him to the subparagraph (B) and inserting ‘‘; and’’; and NetDays across America can save bill (S. 1745) to authorize appropria- (F) by adding after subparagraph (B) the schools and taxpayers millions of dol- tions for fiscal year 1997 for military following new subparagraph: lars in technology start-up costs by activities of the Department of De- ‘‘(C) with respect to the offenses named by subsection (d) of this section, to the period providing equipment, computer time fense, for military construction, and and training for teachers through the after the date of the conviction.’’. for defense activities of the Depart- (2) IDENTIFICATION OF OFFENSES.—Section school’s corporate partners. Business ment of Energy, to prescribe personnel sponsors and corporate volunteers were 8312 of title 5, United States Code, is amend- strengths for such fiscal year for the ed— key ingredients in making NetDay96 a Armed Forces, and for other purposes; (A) by redesignating subsection (d) as sub- successful reality. as follows: section (e); and This administration deserves great (B) by inserting after subsection (c) the fol- credit for advancing education and At the end of subtitle A of title X, add the lowing new subsection: technology. President Clinton and Vice following: ‘‘(d)(1) The offenses under paragraph (2) are President GORE joined the thousands of SEC. 1014. SENSE OF SENATE REGARDING AU- the offenses to which subsection (a) of this THORIZATION OF APPROPRIATIONS California’s NetDay volunteers. They section applies, but only if— FOR MILITARY EQUIPMENT NOT ‘‘(A) the individual is convicted of such of- support the expansion of NetDay96 ac- IDENTIFIED IN THE ANNUAL BUDG- fense committed after the date of the enact- tivities nationwide to increase the ET REQUEST OF THE DEPARTMENT OF DEFENSE AND FOR CERTAIN ment of the Congressional, Presidential, and level of technology in our classrooms MILITARY CONSTRUCTION. Judicial Pension Forfeiture Act; and enhance our children’s ability to It is the sense of the Senate that— ‘‘(B) the individual was a Member of Con- learn. (1) to the maximum extent practicable, the gress (including the Vice President), a con- It is my pleasure to submit this reso- Senate should consider the authorization of gressional employee, or a Federal justice or lution commending the NetDay96 co- appropriation of funds for the procurement judge at the time of committing the offense; founders, Michael Kaufman and John of military equipment only if the procure- and Gage, the dozens of corporate sponsors ment is included— ‘‘(C) the offense is punishable by imprison- (A) in the annual budget request of the De- ment for more than 1 year. and business partners, and the thou- ‘‘(2) The offenses under this paragraph are partment of Defense; sands of volunteers working in commu- as follows: (B) in the current future years defense pro- nity schools throughout California. ‘‘(A) An offense within the purview of— gram of the Department; or ‘‘(i) section 201 of title 18 (bribery of public The success and commitment they (C) in a supplemental request list provided officials and witnesses); have shown can serve as a positive to the Committee on Armed Services of the ‘‘(ii) section 203 of title 18 (compensation model for other States throughout the Senate, upon request of the Committee, by to Members of Congress, officers, and others Nation, this year and in future years. the Office of the Secretary of Defense, by the in matters affecting the Government); My California colleague, Senator military departments, by the National Guard ‘‘(iii) section 204 of title 18 (practice in Bureau, or by the officials responsible for the BARBARA BOXER, joins in co-sponsoring United States Court of Federal Claims or the administration of the Reserves; this resolution. Together, we urge our United States Court of Appeals for the Fed- (2) any procurement of military equipment Senate colleagues to affirm congres- eral Circuit by Members of Congress); authorized in a defense authorization bill re- sional support for preparing U.S. class- ‘‘(iv) section 219 of title 18 (officers and em- ported to the Senate by the Committee rooms with the needed technological ployees acting as agents of foreign prin- which procurement is not included in the an- cipals); infrastructure for the 21st century. nual budget request of the Department, in- ‘‘(v) section 286 of title 18 (conspiracy to In today’s global economy, America’s cluded in the current future years defense defraud the Government with respect to students will face challenges on an program, or included in a supplemental re- claims); international scale. Students must quest list should be listed in a separate sec- ‘‘(vi) section 287 of title 18 (false, fictitious, graduate with the skills needed to face tion of the report accompanying the bill or fraudulent claims); with a detailed justification of the national today’s international challenges. Com- ‘‘(vii) section 371 of title 18 (conspiracy to security interest addressed by the procure- puters and technology can enhance commit offense or to defraud the United ment; and education experience of children and States; (3) any military construction project au- provide a valuable complement to tra- ‘‘(viii) section 597 of title 18 (expenditures thorized in a defense authorization bill re- ditional teaching tools. Technology is to influence voting); ported to the Senate by the Committee ‘‘(ix) section 599 of title 18 (promise of ap- not the complete solution to our com- which project does not meet the criteria set pointment by candidate); plex education needs, but it is an im- forth in section 2856(a) of the National De- ‘‘(x) section 602 of title 18 (solicitation of portant area that needs both our atten- fense Authorization Act for Fiscal Year 1995 political contributions); tion and our support. (Public Law 103–337; 108 Stat. 3073) should be ‘‘(xi) section 606 of title 18 (intimidation to I am pleased to submit this resolu- listed in a separate section of the report ac- secure political contributions); companying the bill with a detailed jus- tion to stress the value of volunteer ef- ‘‘(xii) section 607 of title 18 (place of solici- tification of the national security interest forts to bring technology to the class- tation); addressed by the project. room. With our investments in tech- ‘‘(xiii) section 641 of title 18 (public money, nology and students, the next genera- property or records); or tion will graduate with more of the GREGG AMENDMENT NO. 4364 ‘‘(xiv) section 1001 of title 18 (statements or skills they need to compete and win in Mr. GREGG proposed an amendment entries generally). ‘‘(B) Perjury committed under the statutes the global economy. to the bill, S. 1745, supra; as follows: NetDay96 was a successful effort in of the United States in falsely denying the In the appropriate place in S. 1745, insert California and I encourage an effort to commission of an act which constitutes an the following new section: offense within the purview of a statute expand the effort nationwide to permit SEC. ll. CONGRESSIONAL, PRESIDENTIAL, AND named by subparagraph (A). students across the country to enjoy JUDICIAL PENSION FORFEITURE. ‘‘(C) Subornation of perjury committed in the benefit of technology and edu- (a) SHORT TITLE.—This section may be connection with the false denial of another cation. I urge my Senate colleagues to cited as the ‘‘Congressional, Presidential, individual as specified by subparagraph support this effort. and Judicial Pension Forfeiture Act’’. (B).’’.

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(c) ABSENCE FROM THE UNITED STATES TO should be provided equitable relief in the (A) such patent is the subject of a certifi- AVOID PROSECUTION.— same manner as other industries are pro- cation described under— (1) IN GENERAL.—Section 8313 of title 5, vided with such relief under the patent tran- (i) section 505 (b)(2)(A)(iv) or United States Code, is amended— sitional provisions of section 154(c) of title (j)(2)(A)(vii)(IV) of the Federal Food, Drug, (A) by redesignating subsection (b) as sub- 35, United States Code, as amended by sec- and Cosmetic Act (21 U.S.C. 355 (b)(2)(A)(iv) section (c); and tion 532 of the Uruguay Round Agreements or (j)(2)(A)(vii)(IV)); or (B) by inserting after subsection (a) the Act of 1994 (Public Law 103–465; 108 Stat. (ii) section 512(n)(1)(H)(iv) of such Act (21 following new subsection: 4983). U.S.C. 360b(n)(1)(H)(iv)); ‘‘(b) An individual, or his survivor or bene- (b) APPROVAL OF APPLICATIONS OF GENERIC (B) on or after the date of enactment of ficiary, may not be paid annuity or retired DRUGS.—For purposes of acceptance and con- this section, such a certification is made in pay on the basis of the service of the indi- sideration by the Secretary of Health and an application that was filed under section vidual which is creditable toward the annu- Human Services of an application under sub- 505 or 512 of the Federal Food, Drug, and Cos- ity or retired pay, subject to the exceptions sections (b), (c), and (j) of section 505, and metic Act and accepted for filing by the in section 8311(2) and (3) of this title, if the subsections (b), (c), and (n) of section 512, of Food and Drug Administration prior to June individual— the Federal Food, Drug, and Cosmetic Act 8, 1995; and ‘‘(1) is under indictment, after the date of (21 U.S.C. 355 (b), (c), and (j), and 360b (b), (c), (C) a final order, from which no appeal is the enactment of the Congressional, Presi- and (n)), the expiration date of a patent that pending or may be made, has been entered in dential, and Judicial Pension Forfeiture Act, is the subject of a certification under section an action brought under chapter 28 or 29 of for an offense named by section 8312(d)(2) of 505(b)(2)(A) (ii), (iii), or (iv), section title 35, United States Code— this title, but only if such offense satisfies 505(j)(2)(A)(vii) (II), (III), or (IV), or section (i) finding that the person who submitted section 8312(d)(1)(C) of this title; 512(n)(1)(H) (ii), (iii), or (iv) of such Act, re- such certification made a substantial invest- ‘‘(2) willfully remains outside the United spectively, made in an application submitted ment of the type described under section States, or its territories and possessions in- prior to June 8, 1995, or in an application 154(c)(2) of title 35, United States Code, as cluding the Commonwealth of Puerto Rico, submitted on or after that date in which the amended by the Uruguay Round Agreements for more than 1 year with knowledge of the applicant certifies that substantial invest- Act; and indictment or charges, as the case may be; ment was made prior to June 8, 1995, shall be (ii) establishing the amount of equitable and deemed to be the date on which such patent remuneration of the type described under ‘‘(3) is an individual described in section would have expired under the law in effect on section 154(c)(3) of title 35, United States 8312(d)(1)(B).’’. the day preceding December 8, 1994. Code, as amended by the Uruguay Round (2) CONFORMING AMENDMENT.—Subsection (c) MARKETING GENERIC DRUGS.—The rem- Agreements Act, that is required to be paid (c) of section 8313 of title 5, United States edies of section 271(e)(4) of title 35, United by the person who submitted such certifi- Code (as redesignated under paragraph States Code, shall not apply to acts— (1)(A)) is amended by inserting ‘‘or (b)’’ after cation to the patentee for the product that is (1) that were commenced, or for which a the subject of the certification. ‘‘subsection (a)’’. substantial investment was made, prior to (d) REFUND OF CONTRIBUTIONS AND DEPOS- (2) DETERMINATION OF SUBSTANTIAL INVEST- June 8, 1995; and MENT.—In determining whether a substantial ITS.— (2) that became infringing by reason of sec- Section 8316(b) of title 5, United States investment has been made in accordance tion 154(c)(1) of such title, as amended by Code, is amended— with this section, the court shall find that— section 532 of the Uruguay Round Agree- (1) by striking ‘‘or’’ at the end of paragraph (A) a complete application submitted ments Act (Public Law 103–465; 108 Stat. (1); under section 505 or 512 of the Federal Food, 4983). (2) by striking the period at the end of Drug, and Cosmetic Act was found by the (d) EQUITABLE REMUNERATION.—For acts paragraph (2) and inserting ‘‘; or’’; and Secretary of Health and Human Services on described in subsection (c), equitable remu- (3) by adding at the end the following new or before June 8, 1995 to be sufficiently com- neration of the type described in section paragraph: plete to permit substantive review; and 154(c)(3) of title 35, United States Code, as ‘‘(3) if the individual was convicted of an (B) the total sum of the investment made amended by section 532 of the Uruguay offense named by section 8312(d) of this title, by the person submitting such an applica- Round Agreements Act (Public Law 103–465; for the period after the conviction of the vio- tion— 108 Stat. 4983) shall be awarded to a patentee lation.’’. (i) is specifically related to the research, only if there has been— (e) FORFEITURE OF PRESIDENTIAL ALLOW- development, manufacture, sale, marketing, (1) the commercial manufacture, use, offer ANCE.—Subsection (a) of the first section of or other activities undertaken in connection to sell, or sale, within the United States of the Act entitled ‘‘An Act to provide retire- with, the product covered by such an appli- an approved drug that is the subject of an ap- ment, clerical assistance, and free mailing cation; and plication described in subsection (b); or privileges to former Presidents of the United (ii) does not solely consist of that person’s States, and for other purposes’’, approved (2) the importation by the applicant into the United States of an approved drug or of expenditures related to the development and August 25, 1958 (Public Law 85–745; 72 Stat. submission of the information contained in 838; 3 U.S.C. 102 note) is amended— active ingredient used in an approved drug that is the subject of an application de- such an application. (1) by striking ‘‘Each former President’’ (3) EFFECTIVE DATE OF APPROVAL OF APPLI- and inserting ‘‘(1) Subject to paragraph (2), scribed in subsection (b). (e) APPLICABILITY.—The provisions of this CATION.—In no event shall the Food and Drug each former President’’; and Administration make the approval of an ap- (2) by inserting at the end the following section shall govern— (1) the approval or the effective date of ap- plication under sections 505 or 512 of the Fed- new paragraph: eral Food, Drug, and Cosmetic Act, which is ‘‘(2) The allowance payable to an indi- proval of applications under section 505(b)(2), 505(j), 507, or 512(n), of the Federal Food, subject to the provisions of this section, ef- vidual under paragraph (1) shall be forfeited fective prior to the entry of the order de- if— Drug, and Cosmetic Act (21 U.S.C. 355 (b)(2) scribed in paragraph (1)(C). ‘‘(A) the individual is convicted of an of- and (j), 357, and 360b(n)) submitted on or (4) APPLICABILITY.—The provisions of this fense described under section 8312(d)(2) of after the date of enactment of this Act; and subsection shall not apply to any patent the title 5, United States Code, committed after (2) the approval or effective date of ap- term of which, inclusive of any restoration the date of the enactment of the Congres- proval of all pending applications that have period provided under section 156 of title 35, sional, Presidential, and Judicial Pension not received final approval as of the date of United States Code, would have expired on or Forfeiture Act; enactment of this Act. after June 8, 1998, under the law in effect on ‘‘(B) such individual committed such of- the date before December 8, 1994. fense during the individual’s term of office HATCH AMENDMENT NO. 4366 Mr. HATCH proposed an amendment to as President; and (c) APPLICATION OF CERTAIN BENEFITS AND amendment No. 4365 proposed by Mr. PRYOR ‘‘(C) the offense is punishable by imprison- TERM EXTENSIONS TO ALL PATENTS IN FORCE to the bill, S. 1745, supra; as follows: ment for more than 1 year.’’. ON A CERTAIN DATE.—For the purposes of this Strike all after the word ‘‘SEC.’’ and insert section and the provisions of title 35, United the following: PRYOR (AND OTHERS) States Code, all patents in force on June 8, AMENDMENT NO. 4365 PHARMACEUTICAL INDUSTRY SPECIAL EQUITY. 1995, including those in force by reason of (a) SHORT TITLE.—This section may be section 156 of title 35, United States Code, Mr. PRYOR (for himself, Mr. CHAFEE, Mr. cited as the ‘‘Pharmaceutical Industry Spe- are entitled to the full benefit of the Uru- BROWN, Mr. BRYAN, Mr. DORGAN, Mr. LEAHY, cial Equity Act of 1996’’. guay Round Agreements Act of 1994 and any and Mr. BYRD) proposed an amendment to (b) APPROVAL OF GENERIC DRUGS.— extension granted before such date under the bill, S. 1745, supra; as follows: (1) IN GENERAL.—With respect to any pat- section 156 of title 35, United States Code. At the end of subtitle F of title X add the ent, the term of which is modified under sec- following: tion 154(c)(1) of title 35, United States Code, (d) EXTENSION OF PATENTS RELATING TO SEC. 1072. EQUITABLE TREATMENT FOR THE GE- as amended by the Uruguay Round Agree- NONSTEROIDAL ANTI-INFLAMMATORY DRUGS.— NERIC DRUG INDUSTRY. ments Act (Public Law 103–465; 108 Stat. (1) IN GENERAL.—Notwithstanding section (a) SENSE OF THE SENATE.—It is the sense 4983), the remedies of section 271(e)(4) of title 154 of title 35, United States Code, the term of the Senate that the generic drug industry 35, United States Code, shall not apply if— of patent shall be extended for any patent

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7195 which encompasses within its scope of com- vailing party to pay damages to the pre- ing utilization of the approved Combined position of matter known as a nonsteroidal vailing party; Joint Task Forces (CJTF) concept, to facili- anti-inflammatory drug if— (F) the damages payable to such persons tate the use of separable but not separate (A) during the regulatory review of the shall include— military capabilities in operations led by the drug by the Food and Drug Administration (i) the costs resulting from the delay WEU. the patentee— caused by the civil action; and (9) Enlargement of the Alliance has pro- (i) filed a new drug application in 1982 (ii) lost profits from such delay; and found implications for all of its member na- under section 505 of the Federal Food, Drug (G) provide that the prevailing party in a tions, for the nations chosen for admission and Cosmetic Act (21 U.S.C. 355); and civil action shall be entitled to recover rea- to the Alliance in the first tranche, for the (ii) awaited approval by the Food and Drug sonable attorney’s fees and court costs. nations not included in the first tranche, and Administration for at least 96 months; and (4) PROCEDURES IN FEDERAL CIRCUIT for the relationship between the members of (B) such new drug application was ap- COURT.—No later than 60 days after the date the Alliance and Russia. proved in 1991. of the enactment of this Act, the United (10) The Congressional Budget Office has (2) TERM.—The term of any patent de- States Court of Appeals for the Federal Cir- studied five illustrative options to defend scribed in paragraph (1) shall be extended cuit shall adopt procedures to provide for ex- the so-called Visegrad nations (Poland, the from its current expiration date for a period pedited considerations of civil actions Czech Republic, Slovakia, and Hungary) to of 2 years. brought under this Act. determine the cost of such defense. (3) NOTIFICATION.—No later than 90 days (11) The results of the Congressional Budg- after the date of enactment of this section, NUNN (AND OTHERS) AMENDMENT et Office study, issued in March 1996, in- the patentee of any patent described in para- NO. 4367 cluded conclusions that the cost of defending graph (1) shall notify the Commissioner of the Visegrad nations over the 15-year period Patents and Trademarks of the number of Mr. NUNN (for himself, Mrs. from 1996 through 2010 would range from any patent extended under such paragraph. HUTCHISON, Mr. BRADLEY, Mrs. KASSE- $61,000,000,000 to $125,000,000,000; and that of On receipt of such notice, the Commissioner BAUM, and Mr. COHEN) proposed an those totals the cost to the new members shall confirm such extension by placing a no- amendment to the bill, S. 1745, supra; would range from $42,000,000,000 to tice thereof in the official file of such patent as follows: $51,000,000,000, and the cost to NATO would and publishing an appropriate notice of such At the end of subtitle D of title X, add the range from $19,000,000,000 to $73,000,000,000, of extension in the Official Gazette of the Pat- following: which the United States would expect to pay ent and Trademark Office. between $5,000,000,000 and $19,000,000,000. SEC. 1044. REPORT ON NATO ENLARGEMENT. (e) EXPEDITED PROCEDURES FOR CIVIL AC- (12) The Congressional Budget Office study (a) FINDINGS.—Congress makes the fol- TIONS.— did not determine the cost of enlarging the lowing findings: (1) APPLICATION.—(A) This subsection ap- Alliance to include Slovenia, Romania, (1) Since World War II the United States plies to any civil action in a court of the Ukraine, the Baltic nations, or other nations has spent trillions of dollars to enable our United States brought to determine the that are participating in NATO’s Partner- European allies to recover from the devasta- rights of the parties under this section, in- ship for Peace program. cluding any determination made under sub- tion of the war and, since 1949, to enhance the stability and security of the Euro-Atlan- (13) Enlarging the Alliance could be consid- section (b). ered as changing the circumstances that con- (B) For purposes of this subsection the tic area through the North Atlantic Treaty Organization (NATO). stitute the basis for the Treaty on Conven- term ‘‘civil action’’ refers to a civil action tional Forces in Europe. described under subparagraph (A). (2) NATO has been the most successful col- lective security organization in history. (14) The discussion of NATO enlargement (2) SUPERSEDING PROVISIONS.—Procedures within the United States, in general, and the adopted under this subsection shall super- (3) The Preamble to the Washington Trea- ty (North Atlantic Treaty) provides that: United States Congress, in particular, has sede any provision of title 28, United States not been as comprehensive, detailed, and in- Code, the Federal Rules of Civil Procedure, ‘‘The Parties to this Treaty reaffirm their formed as it should be, given the implica- or the Federal Rules of Appellate Procedure faith in the purposes and principles of the tions for the United States of enlargement to the extent of any inconsistency. Charter of the United Nations and their de- decisions. (3) PROCEDURES IN DISTRICT COURT.—No sire to live in peace with all peoples and all (b) REPORT.—Not later than the date on later than 60 days after the date of the enact- governments. They are determined to safe- which the President submits the budget for ment of this Act, each district court of the guard the freedom, common heritage and fiscal year 1998 to Congress under section United States shall adopt procedures to— civilization of their peoples, founded on the 1105 of title 31, United States Code, the (A) provide for priority in consideration of principles of democracy, individual liberty President shall transmit a report on NATO civil actions on an expedited basis, including and the rule of law. They seek to promote enlargement to the Committee on Armed consideration of determinations relating to stability and well-being in the North Atlan- Services and the Committee on Foreign Re- substantial investment, equitable remunera- tic Area. They are resolved to unite their ef- lations of the Senate and the Committee on tion, and equitable compensation; forts for collective defense and for the pres- National Security and the Committee on (B) provide that— ervation of peace and security.’’. International Relations of the House of Rep- (i) no later than 10 days after a party files (4) Article 5 of the North Atlantic Treaty resentatives. The report shall contain a com- an answer to a complaint filed in a civil ac- provides for NATO member nations to treat prehensive discussion of the following: tion the court shall order that all discovery an attack on one as an attack on all. (1) The costs, for prospective new NATO (including a hearing on any discovery mo- (5) NATO has enlarged its membership members, NATO, and the United States, that tions) shall be completed no later than 60 three times since its establishment in 1949. are associated with the illustrative options days after the date on which the court enters (6) At its ministerial meeting on December used by the Congressional Budget Office in the order; and 1, 1994, NATO decided to enlarge the Alliance the March 1996 study referred to in sub- (ii) the court may grant a single extension as part of an evolutionary process, taking section (a)(10) as well as any other illus- of the 60-day period referred to under clause into account political and security develop- trative options that the President considers (i) for an additional period of no more than ments in the whole of Europe. It was also de- appropriate and relevant. 30 days upon a showing of good cause; cided at that time that enlargement would (2) The strategy by which attacks on pro- (C) require any dispositive motion in a be decided on a case-by-case basis and that spective new NATO member nations would civil action to be filed no later than 30 days new members would be full members of the be deterred and, if deterrence fails, defended, after completion of discovery; Alliance, enjoying the rights and assuming including— (D) require that— all obligations of membership. (A) whether the strategy would be based on (i) if a dispositive motion is filed in a civil (7) The September 1995 NATO study on en- conventional forces or on nuclear capabili- action, the court shall rule on such a motion larging the Alliance concluded that the ties; no later than 30 days after the date on which ‘‘coverage provided by Article 5, including (B) if based on conventional forces, the ex- the motion is filed; its nuclear component, will apply to new tent to which the strategy would be based on (ii) the court shall begin the trial of a civil members’’, but that there ‘‘is no a priori re- host nation forces and the extent to which it action no later than 60 days after the later quirement for the stationing of nuclear would be based on NATO reinforcement; of— weapons on the territory of new members.’’. (C) to the extent that the strategy is based (I) the date on which discovery is com- (8) At its ministerial meeting on June 3, on NATO reinforcement, whether substantial pleted in accordance with subparagraph (B); 1996, NATO made decisions in three key prepositioning of equipment and supplies and or areas as follows: establishment of reception facilities would (II) the last day of the 30-day period re- (A) To create more deployable head- be necessary; ferred to under clause (i), if a dispositive mo- quarters and more mobile forces to mount (D) whether the forward deployment of tion is filed; traditional missions of collective defense as substantial NATO air forces or ground (E) require that if a person does not hold well as to mount non-Article 5 operations. forces, or both, would be necessary; the patent which is the subject of a civil ac- (B) To preserve the transatlantic link. (E) if the forward deployment of substan- tion and is the prevailing party in the civil (C) To develop a European Security and tial NATO air forces or ground forces would action, the court shall order the nonpre- Defense Identity within the Alliance, includ- be necessary, the approximate percentage of

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7196 CONGRESSIONAL RECORD — SENATE June 27, 1996 the number of the forward-deployed forces lantic Treaty Organization and the former materials contained in the National Defense that would be United States forces and Warsaw Pact to establish limitations on con- Stockpile and specified in the table in sub- whether any NATO member would be unable ventional armed forces in Europe, and all an- section (b) so as to result in receipts to the to deploy forces forward; and nexes and memoranda pertaining thereto. United States in amounts equal to— (F) if the strategy is based on nuclear ca- (2) The term ‘‘START I Treaty’’ means the (1) $110,000,000 during the five-fiscal year pabilities, whether any changes in NATO’s Treaty Between the United States of Amer- period ending September 30, 2001; nuclear posture would be necessary. ica and the Union of Soviet Socialist Repub- (2) $260,000,000 during the seven-fiscal year (3) Whether NATO enlargement can pro- lics on the Reduction and Limitation of period ending September 30, 2003; and ceed prior to the implementation of the Strategic Offensive Arms, signed at Moscow (3) $440,000,000 during the nine-fiscal year NATO decisions referred to in subsection on July 31, 1991. period ending September 30, 2005. (a)(8), including the establishment of more (3) The term ‘‘START II Treaty’’ means (b) LIMITATION ON DISPOSAL QUANTITY.— deployable headquarters and more mobile the Treaty Between the United States of The total quantities of materials authorized forces, and the development of a European America and the Russian Federation on Fur- for disposal by the President under sub- security and defense identity. ther Reduction and Limitation of Strategic section (a) may not exceed the amounts set (4) Whether an enlarged NATO will be able Offensive Arms, signed at Moscow on Janu- forth in the following table: to function on a consensus basis that makes ary 3, 1993, including the following protocols it necessary for all NATO members to agree and memorandum of understanding, all such Authorized Stockpile Disposals on major decisions. documents being integral parts of and collec- Material for disposal Quantity (5) The extent to which prospective new tively referred to as the ‘‘START II Treaty’’ NATO members have achieved, or are ex- (contained in Treaty Document 103–1): Chrome Metal, Electrolytic ...... 8,471 short tons pected to achieve, interoperability of their (A) The Protocol on Procedures Governing Cobalt ...... 9,902,774 pounds military equipment, air defense systems, and Columbium Carbide ...... 21,372 pounds Elimination of Heavy ICBMs and on Proce- Columbium Ferro ...... 249,395 pounds command, control, and communications sys- dures Governing Conversion of Silo Launch- Diamond, Bort ...... 91,542 carats tems and conformity of military doctrine ers of Heavy ICBMs Relating to the Treaty Diamond, Stone ...... 3,029,413 carats with those of NATO. Germanium ...... 28,207 kilograms Between the United States of America and Indium ...... 15,205 troy ounces (6) The extent to which prospective new the Russian Federation on Further Reduc- Palladium ...... 1,249,601 troy ounces NATO members have established democratic tion and Limitation of Strategic Offensive Platinum ...... 442,641 troy ounces institutions, free market economies, civilian Rubber ...... 567 long tons Arms (also known as the ‘‘Elimination and Tantalum, Carbide Powder ...... 22,688 pounds contained control of their armed forces, including par- Conversion Protocol’’). Tantalum, Minerals ...... 1,748,947 pounds con- liamentary oversight of military affairs and (B) The Protocol on Exhibitions and In- tained Tantalum, Oxide ...... 123,691 pounds contained appointment of civilians to senior defense spections of Heavy Bombers Relating to the positions, and the rule of law. Titanium Sponge ...... 36,830 short tons Treaty Between the United States and the Tungsten ...... 76,358,235 pounds (7) The extent to which prospective new Russian Federation on Further Reduction Tungsten, Carbide ...... 2,032,942 pounds NATO members are committed to protecting Tungsten, Metal Powder ...... 1,181,921 pounds and Limitation of Strategic Offensive Arms Tungsten, Ferro ...... 2,024,143 pounds the rights of all of their citizens, including (also known as the ‘‘Exhibitions and Inspec- national minorities. tions Protocol’’). (8) The extent to which prospective new (c) MINIMIZATION OF DISRUPTION AND (C) The Memorandum of Understanding on NATO members are committed to respecting LOSS.—The President may not dispose of ma- Warhead Attribution and Heavy Bomber the territorial integrity of their neighbors, terials under subsection (a) to the extent Data Relating to the Treaty Between the together with the mechanisms that are es- that the disposal will result in— United States of America and the Russian tablished, or are planned to be established, (1) undue disruption of the usual markets Federation on Further Reduction and Limi- for resolving border disputes peacefully. of producers, processors, and consumers of tation of Strategic Offensive Arms (also (9) The extent to which prospective new the materials proposed for disposal; or known as the ‘‘Memorandum on Attribu- (2) avoidable loss to the United States. NATO members are in a position to further tion’’). (d) TREATMENT OF RECEIPTS.—(1) Notwith- the principles of the North Atlantic Treaty standing section 9 of the Strategic and Crit- and to contribute to the security of the ical Materials Stock Piling Act (50 U.S.C. North Atlantic area. SHELBY (AND OTHERS) AMENDMENT NO. 4368 98h), funds received as a result of the dis- (10) The bilateral assistance, including posal of materials under subsection (a) shall cost, provided by the United States to pro- (Ordered to lie on the table.) be deposited into the general fund of the spective new NATO members since the insti- Mr. SHELBY (for himself, Mr. FAIR- Treasury and used to offset the revenues lost tution of the Partnership for Peace program. CLOTH, Mr. BRYAN, and Mr. GRAMM) as a result of the amendments made by sub- (11) The impact on the political, economic, submitted an amendment intended to section (a) of section 4303 of the National De- and security well-being of prospective new fense Authorization Act for Fiscal Year 1996 NATO members (with a particular emphasis be proposed by them to the bill, S. 1745, supra; as follows: (Public Law 104–106; 110 Stat. 658). on Ukraine, Latvia, Lithuania, and Estonia) (2) This section shall be treated as quali- if they are not selected for inclusion in the At the appropriate place in the bill add the fying offsetting legislation for purposes of first tranche of NATO enlargement. following new section: subsection (b) of such section 4303. (12) The relationship of prospective new SEC. . EXEMPTION FOR SAVINGS INSTITUTIONS (e) RELATIONSHIP TO OTHER DISPOSAL AU- SERVING MILITARY PERSONNEL. NATO members to the European Union, with THORITY.—The disposal authority provided in special emphasis on— Section 10(m)(3)(F) of the Home Owners’ subsection (a) is new disposal authority and (A) the effects that the gaining of member- Loan Act (12 U.S.C. 1467a(m)(3)(F)) is amend- is in addition to, and shall not affect, any ship in NATO by a nation would have on the ed to read as follows: other disposal authority provided by law re- ‘‘(F) EXEMPTION FOR SPECIALIZED SAVINGS possibility and timing of that nation gaining garding the materials specified in such sub- ASSOCIATIONS SERVING CERTAIN MILITARY PER- associate membership and, subsequently, full section. SONNEL.—Subparagraph (A) does not apply to membership in the European Union; and (f) DEFINITION.—The term ‘‘National De- (B) the extent to which the European a savings association subsidiary of a savings fense Stockpile’’ means the National Defense Union has opened its markets to prospective and loan holding company if not less than 90 Stockpile provided for in section 4 of the new NATO members. percent of the customers of the savings and Strategic and Critical Materials Stock Pil- (13) The impact of NATO enlargement on loan holding company and the subsidiaries ing Act (50 U.S.C. 98c). the CFE Treaty. and affiliates of such company are active or former officers in the United States military (14) The relationship of Russia with NATO, GRASSLEY AMENDMENT NO. 4370 including Russia’s participation in the Part- services or the widows, widowers, divorced nership for Peace program and NATO’s stra- spouses, or current or former dependents of Mr. GRASSLEY proposed an amend- tegic dialogue with Russia. such officers.’’. ment to the bill, S. 1745, supra; as fol- (15) The anticipated impact of NATO en- lows: largement on Russian foreign and defense COHEN (AND LIEBERMAN) At the end of division A, insert the fol- policies, including in particular the imple- AMENDMENT NO. 4369 lowing new title: mentation of START I, the ratification of TITLE XIII—WTO REVIEW COMMISSION START II, and the emphasis placed in de- Mr. COHEN (for himself and Mr. fense planning on nuclear weapons. LIEBERMAN), proposed an amendment SEC. 1301. SHORT TITLE. (c) CLASSIFICATION OF REPORT.—The report to the bill, S. 1745, supra; as follows: This title may be cited as the ‘‘WTO Dis- shall be submitted in unclassified form, but At the end of title XXXIII, add the fol- pute Settlement Review Commission Act’’. may contain a classified annex. lowing: SEC. 1302. CONGRESSIONAL FINDINGS AND PUR- (d) TREATIES DEFINED.—In this section: SEC. 3303. ADDITIONAL AUTHORITY TO DISPOSE POSE. (1) The terms ‘‘CFE Treaty’’ and ‘‘Treaty OF MATERIALS IN NATIONAL DE- (a) FINDINGS.—The Congress finds the fol- on Conventional Armed Forces in Europe’’ FENSE STOCKPILE. lowing: mean the treaty signed in Paris on Novem- (a) DISPOSAL REQUIRED.—Subject to sub- (1) The United States joined the WTO as an ber 19, 1990, by 22 members of the North At- section (c), the President shall dispose of original member with the goal of creating an

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improved global trading system and pro- (f) QUORUM.—A majority of the members of 1304(a)(1), if the Commission considers such viding expanded economic opportunities for the Commission shall constitute a quorum, hearing to be necessary to carry out the pur- United States firms and workers, while pre- but a lesser number of members may hold pose of this title. The Commission shall pro- serving United States sovereignty. hearings. vide reasonable notice of a hearing held pur- (2) The American people must receive as- (g) AFFIRMATIVE DETERMINATIONS.—An af- suant to this subsection. surances that United States sovereignty will firmative vote by a majority of the members (b) INFORMATION FROM INTERESTED PARTIES be protected, and United States interests of the Commission shall be required for any AND FEDERAL AGENCIES.— will be advanced, within the global trading affirmative determination by the Commis- (1) NOTICE OF PANEL OR APPELLATE BODY RE- system which the WTO will oversee. sion under section 1304. PORT.—The Trade Representative shall ad- (3) The WTO’s dispute settlement rules are (h) CHAIRPERSON AND VICE CHAIRPERSON.— vise the Commission no later than 5 business meant to enhance the likelihood that gov- The Commission shall select a Chairperson days after the date the Dispute Settlement ernments will observe their WTO obliga- and Vice Chairperson from among its mem- Body adopts a report of a panel or the Appel- tions, and thus help ensure that the United bers. late Body that is to be reviewed by the Com- States will reap the full benefits of its par- SEC. 1304. DUTIES OF THE COMMISSION. mission under section 1304(a)(1). (2) SUBMISSIONS AND REQUESTS FOR INFOR- ticipation in the WTO. (a) REVIEW OF WTO DISPUTE SETTLEMENT MATION.— (4) United States support for the WTO de- REPORTS.— (A) IN GENERAL.—The Commission shall pends on obtaining mutual trade benefits (1) IN GENERAL.—The Commission shall re- promptly publish in the Federal Register no- through the openness of foreign markets and view— tice of the advice received from the Trade the maintenance of effective United States (A) all adverse reports of dispute settle- Representative, along with notice of an op- and WTO remedies against unfair or other- ment panels and the Appellate Body which portunity for interested parties to submit wise harmful trade practices. are— written comments to the Commission. The (5) Congress passed the Uruguay Round (i) adopted by the Dispute Settlement Commission shall make comments sub- Agreements Act based on its understanding Body, and mitted pursuant to the preceding sentence that effective trade remedies would not be (ii) the result of a proceeding initiated available to the public. eroded. These remedies are essential to con- against the United States by a WTO member; (B) INFORMATION FROM FEDERAL AGENCIES tinue the process of opening foreign markets and AND DEPARTMENTS.—The Commission may to imports of goods and services and to pre- (B) upon the request of the Trade Rep- also secure directly from any Federal depart- vent harm to American industry and agri- resentative, any adverse report of a dispute ment or agency such information as the culture. settlement panel or the Appellate Body— Commission considers necessary to carry out (6) In particular, WTO dispute settlement (i) which is adopted by the Dispute Settle- the provisions of this title. Upon the request panels and the Appellate Body should— ment Body, and of the Chairperson of the Commission, the (A) operate with fairness and in an impar- (ii) in which the United States is a com- head of such department or agency shall fur- tial manner; plaining party. nish the information requested to the Com- (B) not add to the obligations, or diminish (2) SCOPE OF REVIEW.—With respect to any mission. the rights, of WTO members under the Uru- report the Commission reviews under para- (3) ACCESS TO PANEL AND APPELLATE BODY guay Round Agreements; and graph (1), the Commission shall determine in DOCUMENTS.— (C) observe the terms of reference and any connection with each adverse finding wheth- (A) IN GENERAL.—The Trade Representative applicable WTO standard of review. er the panel or the Appellate Body, as the shall make available to the Commission all (b) PURPOSE.—It is the purpose of this title case may be— submissions and relevant documents relating to provide for the establishment of the WTO (A) demonstrably exceeded its authority or to a report of a panel or the Appellate Body Dispute Settlement Review Commission to its terms of reference; described in section 1304(a)(1), including any achieve the objectives described in sub- (B) added to the obligations, or diminished information contained in such submissions section (a)(6). the rights, of the United States under the identified by the provider of the information Uruguay Round Agreement which is the sub- SEC. 1303. ESTABLISHMENT OF COMMISSION. as proprietary information or information ject of the report; (a) ESTABLISHMENT.—There is established a designated as confidential by a foreign gov- (C) acted arbitrarily or capriciously, en- commission to be known as the WTO Dispute ernment. gaged in misconduct, or demonstrably de- Settlement Review Commission (hereafter in (B) PUBLIC ACCESS.—Any document which parted from the procedures specified for pan- this title referred to as the ‘‘Commission’’). the Trade Representative submits to the els and the Appellate Body in the applicable (b) MEMBERSHIP.— Commission shall be available to the public, Uruguay Round Agreement; and (1) COMPOSITION.—The Commission shall be except information which is identified as (D) deviated from the applicable standard composed of 5 members all of whom shall be proprietary or confidential. of review, including in antidumping cases, judges of the Federal judicial circuits and (c) ASSISTANCE FROM FEDERAL AGENCIES; shall be appointed by the President, after the standard of review set forth in Article CONFIDENTIALITY.— consultation with the Majority Leader and 17.6 of the Agreement on Implementation of (1) ADMINISTRATIVE ASSISTANCE.—Any Minority Leader of the House of Representa- Article VI of the General Agreement on Tar- agency or department of the United States tives, the Majority Leader and Minority iffs and Trade 1994. that is designated by the President shall pro- Leader of the Senate, the chairman and (3) AFFIRMATIVE DETERMINATION.—The vide administrative services, funds, facili- ranking member of the Committee on Ways Commission shall make an affirmative deter- ties, staff, or other support services to the and Means of the House of Representatives, mination under this paragraph with respect Commission to assist the Commission with and the chairman and ranking member of to the action of a panel or the Appellate the performance of the Commission’s func- the Committee on Finance of the Senate. Body, if the Commission determines that— tions. (2) DATE.—The appointments of the initial (A) any of the matters described in sub- (2) CONFIDENTIALITY.—The Commission members of the Commission shall be made paragraph (A), (B), (C), or (D) of paragraph shall protect from disclosure any document no later than 90 days after the date of the en- (2) has occurred; and or information submitted to it by a depart- actment of this Act. (B) the action of the panel or the Appellate ment or agency of the United States which (c) PERIOD OF APPOINTMENT; VACANCIES.— Body materially affected the outcome of the the agency or department requests be kept (1) IN GENERAL.—Members of the Commis- report of the panel or Appellate Body. confidential. The Commission shall not be sion shall each be appointed for a term of 5 (b) DETERMINATION; REPORT.— considered to be an agency for purposes of years, except of the members first appointed, (1) DETERMINATION.—No later than 120 days section 552 of title 5, United States Code. after the date on which a report of a panel or 3 members shall be appointed for terms of 3 SEC. 1306. REVIEW OF DISPUTE SETTLEMENT years and the remaining 2 members shall be the Appellate Body described in subsection PROCEDURES AND PARTICIPATION appointed for terms of 2 years. (a)(1) is adopted by the Dispute Settlement IN THE WTO. (2) VACANCIES.— Body, the Commission shall make a written (a) AFFIRMATIVE REPORT BY COMMISSION.— (A) IN GENERAL.—Any vacancy on the Com- determination with respect to the matters (1) IN GENERAL.—If a joint resolution de- mission shall not affect its powers, but shall described in paragraphs (2) and (3) of sub- scribed in subsection (b)(1) is enacted into be filled in the same manner as the original section (a). law pursuant to the provisions of subsection appointment and shall be subject to the (2) REPORTS.—The Commission shall (c), the President should undertake negotia- same conditions as the original appointment. promptly report the determinations de- tions to amend or modify the rules and pro- (B) UNEXPIRED TERM.—An individual cho- scribed in paragraph (1) to the Committee on cedures of the Uruguay Round Agreement to sen to fill a vacancy shall be appointed for Ways and Means of the House of Representa- which such joint resolution relates. the unexpired term of the member replaced. tives, the Committee on Finance of the Sen- (2) 3 AFFIRMATIVE REPORTS BY COMMIS- (d) INITIAL MEETING.—No later than 30 days ate, and the Trade Representative. SION.—If a joint resolution described in sub- after the date on which all members of the SEC. 1305. POWERS OF THE COMMISSION. section (b)(2) is enacted into law pursuant to Commission have been appointed, the Com- (a) HEARINGS.—The Commission may hold the provisions of subsection (c), the approval mission shall hold its first meeting. a public hearing to solicit views concerning of the Congress, provided for under section (e) MEETINGS.—The Commission shall meet a report of a dispute settlement panel or the 101(a) of the Uruguay Round Agreements at the call of the Chairperson. Appellate Body described in section Act, of the WTO Agreement shall cease to be

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7198 CONGRESSIONAL RECORD — SENATE June 27, 1996 effective in accordance with the provisions ferred to in subparagraph (A) or (B) of para- benefits accruing to the United States under of the joint resolution. graph (1), as the case may be. such an Agreement). (b) JOINT RESOLUTIONS DESCRIBED.— (B) ANY MEMBER MAY INTRODUCE.—A joint (2) AFFIRMATIVE REPORT.—The term ‘‘af- (1) IN GENERAL.—For purposes of subsection resolution described in subsection (b) may be firmative report’’ means a report described (a)(1), a joint resolution is described in this introduced in either House of the Congress in section 1304(b)(2) which contains affirma- paragraph if it is a joint resolution of the 2 by any Member of such House. tive determinations made by the Commis- Houses of Congress and the matter after the (4) EXPEDITED PROCEDURES.— sion under paragraph (3) of section 1304(a). resolving clause of such joint resolution is as (A) GENERAL RULE.—Subject to the provi- (3) APPELLATE BODY.—The term ‘‘Appellate follows: ‘‘That the Congress calls upon the sions of this subsection, the provisions of Body’’ means the Appellate Body established President to undertake negotiations to subsections (b), (d), (e), and (f) of section 152 by the Dispute Settlement Body pursuant to amend or modify the matter relating to of the Trade Act of 1974 (19 U.S.C. 2192 (b), Article 17.1 of the Dispute Settlement Under- llllll that is the subject of the affirm- (d), (e), and (f)) apply to joint resolutions de- standing. ative report submitted to the Congress by scribed in subsection (b) to the same extent (4) DISPUTE SETTLEMENT BODY.—The term the WTO Dispute Settlement Review Com- as such provisions apply to resolutions under ‘‘Dispute Settlement Body’’ means the Dis- mission on ll’’, the first blank space being such section. pute Settlement Body established pursuant filled with the specific provisions of the Uru- (B) REPORT OR DISCHARGE OF COMMITTEE.— to the Dispute Settlement Understanding. guay Round Agreement with respect to If the committee of either House to which a (5) DISPUTE SETTLEMENT PANEL; PANEL.— which the President is to undertake negotia- joint resolution has been referred has not re- The terms ‘‘dispute settlement panel’’ and tions and the second blank space being filled ported it by the close of the 45th day after its ‘‘panel’’ mean a panel established pursuant with the date that the affirmative report, introduction (excluding any day described in to Article 6 of the Dispute Settlement Un- which was made under section 1304(b) and section 154(b) of the Trade Act of 1974), such derstanding. which has given rise to the joint resolution, committee shall be automatically discharged (6) DISPUTE SETTLEMENT UNDERSTANDING.— was submitted to the Congress by the Com- from further consideration of the joint reso- The term ‘‘Dispute Settlement Under- mission pursuant to section 1304(b). lution and it shall be placed on the appro- standing’’ means the Understanding on Rules (2) WITHDRAWAL RESOLUTION.—For purposes priate calendar. and Procedures Governing the Settlement of of subsection (a)(2), a joint resolution is de- (C) FINANCE AND WAYS AND MEANS COMMIT- Disputes referred to in section 101(d)(16) of scribed in this paragraph if it is a joint reso- TEES.—It is not in order for— the Uruguay Round Agreements Act. lution of the 2 Houses of Congress and the (i) the Senate to consider any joint resolu- (7) TERMS OF REFERENCE.—The term ‘‘terms matter after the resolving clause of such tion unless it has been reported by the Com- of reference’’ has the meaning given such joint resolution is as follows: ‘‘That, in light mittee on Finance or the committee has term in the Dispute Settlement Under- of the 3 affirmative reports submitted to the been discharged under subparagraph (B); or standing. Congress by the WTO Dispute Settlement (ii) the House of Representatives to con- (8) TRADE REPRESENTATIVE.—The term Review Commission during the preceding 5- sider any joint resolution unless it has been ‘‘Trade Representative’’ means the United year period, and the failure to remedy the reported by the Committee on Ways and States Trade Representative. problems identified in the reports through Means or the committee has been discharged (9) URUGUAY ROUND AGREEMENT.—The term negotiations, it is no longer in the overall under subparagraph (B). ‘‘Uruguay Round Agreement’’ means any of national interest of the United States to be (D) SPECIAL RULE FOR HOUSE.—A motion in the Agreements described in section 101(d) of a member of the WTO, and accordingly the the House of Representatives to proceed to the Uruguay Round Agreements Act. Congress withdraws its approval, provided the consideration of a joint resolution may (10) WORLD TRADE ORGANIZATION; WTO.—The under section 101(a) of the Uruguay Round only be made on the second legislative day terms ‘‘World Trade Organization’’ and Agreements Act, of the WTO Agreement as after the calendar day on which the Member ‘‘WTO’’ mean the organization established defined in section 2(9) of that Act.’’. making the motion announces to the House pursuant to the WTO Agreement. (c) PROCEDURAL PROVISIONS.— his or her intention to do so. (11) WTO AGREEMENT.—The term ‘‘WTO (1) IN GENERAL.—The requirements of this (5) CONSIDERATION OF SECOND RESOLUTION Agreement’’ means the Agreement Estab- subsection are met if the joint resolution is NOT IN ORDER.—It shall not be in order in ei- lishing the World Trade Organization en- enacted in accordance with this subsection, ther the House of Representatives or the tered into on April 15, 1994. and— Senate to consider a joint resolution (other than a joint resolution received from the (A) in the case of a joint resolution de- BRYAN (AND REID) AMENDMENT scribed in subsection (b)(1), the Congress other House), if that House has previously adopts and transmits the joint resolution to adopted a joint resolution under this section NO. 4371 the President before the end of the 90-day pe- relating to the same matter. Mr. BRYAN (for himself and Mr. (d) RULES OF HOUSE OF REPRESENTATIVES riod (excluding any day described in section REID) proposed an amendment to AND SENATE.—This section is enacted by the 154(b) of the Trade Act of 1974) beginning on amendment No. 4369 proposed by Mr. the date on which the Congress receives an Congress— COHEN to the bill, S. 1745, supra, as fol- affirmative report from the Commission pur- (1) as an exercise of the rulemaking power suant to section 1304(b)(2); or of the House of Representatives and the Sen- lows: (B) in the case of a joint resolution de- ate, respectively, and as such is deemed a In the table in subsection (b), delete the scribed in subsection (b)(2), the Commission part of the rules of each House, respectively, entry relating to titanium sponge. has submitted 3 affirmative reports pursuant and such procedures supersede other rules only to the extent that they are inconsistent to section 1304(b)(2) during a 5-year period, WARNER (AND SMITH) and the Congress adopts and transmits the with such other rules; and joint resolution to the President before the (2) with the full recognition of the con- AMENDMENT NO. 4372 end of the 90-day period (excluding any day stitutional right of either House to change Mr. McCAIN (for Mr. WARNER for the rules (so far as relating to the procedures described in section 154(b) of the Trade Act himself and Mr. SMITH) proposed an of 1974) beginning on the date on which the of that House) at any time, in the same man- ner, and to the same extent as any other rule amendment to the bill, S. 1745, supra; Congress receives the third such affirmative as follows: report. of that House. (2) PRESIDENTIAL VETO.—In any case in SEC. 1307. DEFINITIONS. At the end of subtitle B of title II add the which the President vetoes the joint resolu- For purposes of this title: following: tion, the requirements of this subsection are (1) ADVERSE FINDING.—The term ‘‘adverse SEC. 223. CYCLONE CLASS CRAFT SELF-DEFENSE. met if each House of Congress votes to over- finding’’ means— (a) STUDY REQUIRED.—Not later than ride that veto on or before the later of the (A) in a panel or Appellate Body pro- March 31, 1997, the Secretary of Defense last day of the 90-day period referred to in ceeding initiated against the United States, shall— subparagraph (A) or (B) of paragraph (1), a finding by the panel or the Appellate Body (1) carry out a study of vessel self-defense whichever is applicable, or the last day of that any law or regulation of, or application options for the Cyclone class patrol craft; the 15-day period (excluding any day de- thereof by, the United States is inconsistent and scribed in section 154(b) of the Trade Act of with the obligations of the United States (2) submit to the Committee on Armed 1974) beginning on the date on which the under a Uruguay Round Agreement (or nul- Services of the Senate and the Committee on Congress receives the veto message from the lifies or impairs benefits accruing to a WTO National Security of the House of Represent- President. member under such an Agreement); or atives a report on the results of the study. (3) INTRODUCTION.— (B) in a panel or Appellate Body proceeding (b) SOCOM INVOLVEMENT.—The Secretary (A) TIME.—A joint resolution to which this in which the United States is a complaining shall carry out the study through the Com- section applies may be introduced at any party, any finding by the panel or the Appel- mander of the Special Operations Command. time on or after the date on which the Com- late Body that a measure of the party com- (c) SPECIFIC SYSTEM TO BE EVALUATED.— mission transmits to the Congress an affirm- plained against is not inconsistent with that The study under subsection (a) shall include ative report pursuant to section 1304(b)(2), party’s obligations under a Uruguay Round an evaluation of the BARAK ship self-de- and before the end of the 90-day period re- Agreement (or does not nullify or impair fense missile system.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7199 GLENN (AND OTHERS) ‘‘(B) the results of the last independent es- port of essential security and safety at such AMENDMENT NO. 4373 timate of production costs of the program event, but only if the Attorney General cer- that was prepared by the Cost Analysis Im- tifies that such assistance is necessary to Mr. LEVIN (for Mr. GLENN for him- provement Group in July 1991; and meet essential security and safety needs. self, Mr. ABRAHAM, and Mr. LEVIN) pro- ‘‘(2) a description of any major changes in (b) OTHER ASSISTANCE.—The Secretary posed an amendment to the bill, S. programmatic assumptions that have oc- may authorize a commander referred to in 1745, supra; as follows: curred since the estimate referred to in para- subsection (a) to provide assistance for a In section 1022(a), strike out ‘‘. Such trans- graph (1)(B) was made, including any major sporting event referred to in that subsection fers’’ and insert in lieu thereof ‘‘, if the Sec- change in assumptions regarding the pro- in support of other needs relating to such retary determines that the tugboats are not gram schedule, the quantity of aircraft to be event, but only— needed for transfer, donation, or other dis- developed and acquired, and the annual rates (1) to the extent that such needs cannot posal under title II of the Federal Property of production, together with an assessment reasonably be met by a source other than the and Administrative Services Act of 1949 (40 of the effects of such changes on the pro- Department; U.S.C. 481 et seq.). A transfer made under the gram.’’. (2) to the extent that the provision of such preceding sentence’’. assistance does not adversely affect the mili- SIMON (AND OTHERS) tary preparedness of the Armed Forces; and COHEN AMENDMENT NO. 4374 AMENDMENT NO. 4377 (3) if the organization requesting such as- sistance agrees to reimburse the Department Mr. McCAIN (for Mr. COHEN) proposed Mr. LEVIN (for Mr. SIMON for him- for amounts expended by the Department in an amendment to the bill, S. 1745, self, Mr. CONRAD, and Mr. LEVIN) pro- providing the assistance in accordance with supra; as follows: posed and amendment to the bill, S. the provisions of section 377 of title 10, United States Code, and other applicable At the end of subtitle F of title X add the 1745; supra; as follows: provisions of law. following: At the end of subtitle D of title II, add the (c) INAPPLICABILITY TO CERTAIN EVENTS.— SEC. 1072. CLARIFICATION OF NATIONAL SECU- following: RITY SYSTEMS TO WHICH THE IN- SEC. 243. DESALTING TECHNOLOGIES. Subsections (a) and (b) do not apply to the FORMATION TECHNOLOGY MANAGE- (a) FINDINGS.—Congress makes the fol- following sporting events: MENT REFORM ACT OF 1996 AP- lowing findings: (1) Sporting events for which funds have PLIES. (1) Access to scarce fresh water is likely to been appropriated before the date of the en- Section 5142(b) of the Information Tech- be a cause of future military conflicts in the actment of this Act. nology Management Reform Act of 1996 (divi- Middle East and has a direct impact on sta- (2) The Special Olympics. sion E of Public Law 104–106; 110 Stat. 689; 40 bility and security in the region. (3) The Paralympics. U.S.C. 1452(b)) is amended— (2) The Middle East is an area of vital and (d) TERMS AND CONDITIONS.—The Secretary (1) by striking out ‘‘(b) LIMITATION.—’’ and strategic importance to the United States. may require such terms and conditions in inserting in lieu thereof ‘‘(b) LIMITATIONS.— (3) The United States has played a military connection with the provision of assistance (1)’’; and role in the Middle East, most recently in the under this section as the Secretary considers (2) by adding at the end the following: Persian Gulf War, and may likely be called necessary and appropriate to protect the in- ‘‘(2) Notwithstanding any other provision upon again to deter aggression in the region. terests of the United States. of this section or any other provision of law, (4) United States troops have used (e) REPORT ON ASSISTANCE.—Not later than for the purposes of this subtitle, a system desalting technologies to guarantee the January 30 of each year following a year in that, in function, operation, or use, involves availability of fresh water in past deploy- which the Secretary provides assistance the storage, processing, or forwarding of ments in the Middle East. under this section, the Secretary shall sub- classified information and is protected at all (5) Adequate, efficient, and cheap access to mit to the congressional defense committees times by procedures established for the han- high-quality fresh water will be vital to a report on the assistance provided. The re- dling of classified information shall be con- maintaining the readiness and sustainability port shall set forth— sidered as a national security system under of United States troops, and those of our al- (1) a description of the assistance provided; the definition in subsection (a) only if the lies. (2) the amount expended by the Depart- function, operation, or use of the system— (b) SENSE OF SENATE.—It is the sense of the ment in providing the assistance; ‘‘(A) involves activities described in para- Senate that, as improved access to fresh (3) if the assistance was provided under graph (1), (2), or (3) of subsection (a); water will be an important factor in helping subsection (a), the certification of the Attor- ‘‘(B) involves equipment described in para- prevent future conflicts in the Middle East, ney General with respect to the assistance graph (4) of subsection (a); or the United States should, in cooperation under that subsection; and ‘‘(C) is critical to an objective described in with its allies, promote and invest in tech- (4) if the assistance was provided under paragraph (5) of subsection (a) and is not ex- nologies to reduce the costs of converting sa- subsection (b)— cluded by paragraph (1) of this subsection.’’. line water into fresh water. (A) an explanation why the assistance (c) FUNDING FOR RESEARCH AND DEVELOP- could not reasonably be met by a source HEFLIN (AND SHELBY) MENT.—Of the amounts authorized to be ap- other than the Department; and AMENDMENT NO. 4375 propriated by this title, the Secretary shall (B) the amount the Department was reim- place greater emphasis on making funds bursed under that subsection. Mr. LEVIN (for Mr. HEFLIN for him- available for research and development into (f) RELATIONSHIP TO OTHER LAWS.—Assist- self and Mr. SHELBY) proposed an efficient and economical processes and meth- ance provided under this section shall be amendment to the bill, S. 1745, supra; ods for converting saline water into fresh subject to the provisions of sections 375 and as follows: water. 376 of title 10, United States Code. At the end of subtitle B of title I, add the following: MCCAIN (AND OTHERS) SEC. 113. TYPE CLASSIFICATION OF ELECTRO AMENDMENT NO. 4378 REID AMENDMENT NO. 4379 OPTIC AUGMENTATION (EOA) SYS- Mr. MCCAIN (for himself, Mr. HATCH, TEM. Mr. LEVIN (for Mr. REID) proposed Mr. BENNETT, and Mr. NUNN) proposed (a) REQUIREMENT.—The Secretary of the an amendment to the bill, S. 1745, an amendment to the bill, S. 1745, Army shall type classify the Electro Optic supra; as follows: Augmentation (EOA) system. supra; as follows: (b) FUNDING.—Of the amounts authorized Strike out section 366 and insert in lieu At the end of subtitle C of title XXXI, add to be appropriated for the Army by this divi- thereof the following new section: the following: sion, $100,000 shall made be available to the SEC. 366. DEPARTMENT OF DEFENSE SUPPORT SEC. 3138. PAYMENT OF COSTS OF OPERATION Armored Systems Modernization Program FOR SPORTING EVENTS. AND MAINTENANCE OF INFRA- manager for the type classification required (a) SECURITY AND SAFETY ASSISTANCE.—At STRUCTURE AT NEVADA TEST SIT. by subsection (a). the request of a Federal, State, or local gov- Notwithstanding any other provision of ernment agency responsible for providing law and effective as of September 30, 1996, GRASSLEY AMENDMENT NO. 4376 law enforcement services, security services, the costs associated with operating and or safety services, the Secretary of Defense maintaining the infrastructure at the Ne- Mr. MCCAIN (for Mr. GRASSLEY) pro- may authorize the commander of a military vada Test Site, Nevada, with respect to any posed an amendment to the bill, S. installation or other facility of the Depart- activities initiated at the site after that date 1745, supra; as follows: ment of Defense or the commander of a spec- by the Department of Defense pursuant to a At the end of section 218(a) add the fol- ified or unified combatant command to pro- work for others agreement may be paid for lowing: ‘‘The report shall include— vide assistance for the World Cup Soccer from funds authorized to be appropriated to ‘‘(1) a comparison of— Games, the Goodwill Games, the Olympics, the Department of Energy for activities at ‘‘(A) the results of the review, with and any other civilian sporting event in sup- the Nevada Test Site.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7200 CONGRESSIONAL RECORD — SENATE June 27, 1996 KYL (AND BINGAMAN) controlled by the United States Commodity (B) The Committees on National Security AMENDMENT NO. 4380 Control list; and International Relations of the House of (B) strengthen enforcement activities; and Representatives. C YL Mr. M CAIN (for Mr. K , for himself (C) explore the use of unilateral export (f) PROHIBITION ON PROVISION OF CERTAIN and Mr. BINGAMAN) proposed an amend- controls where the possibility exists that an MILITARY EQUIPMENT.—The Secretary may ment to the bill, s. 1745, supra; as fol- export could contribute to proliferation. not provide as support under this section— lows: (1) any article of military equipment for At the end of subtitle D of title X add the HELMS AMENDMENT NO. 4381 which special export controls are warranted following: because of the substantial military utility or Mr. MCCAIN (for Mr. HELMS) pro- SEC. 1044. SENSE OF THE SENATE CONCERNING capability of such equipment; EXPORT CONTROLS. posed an amendment to the bill, S. (2) any military equipment identified on (a) FINDINGS.—The Senate makes the fol- 1745, supra; as follows: the United States Munitions List; or lowing findings: In section 1031(a), strike out ‘‘The Sec- (3) any of the following military equipment (1) Export controls are a part of a com- retary of Defense’’ and insert in lieu thereof (whether or not the equipment has been prehensive response to national security ‘‘Subject to subsections (e) and (f), the Sec- equipped, re-equipped, or modified for mili- threats. United States exports should be re- retary of Defense’’. tary operations): stricted where those threats exist to na- (A) Cargo aircraft bearing ‘‘C’’ designa- tional security, nonproliferation, and foreign tions, including aircraft with designations C– policy interests of the United States. 45 through C–125, C–131 aircraft, and aircraft (2) The export of certain commodities and bearing ‘‘C’’ designations that use recipro- technology may adversely affect the na- At the end of section 1031, add the fol- cating engines. tional security and foreign policy of the lowing: (B) Trainer aircraft bearing ‘‘T’’ designa- (e) LIMITATIONS.—(1) The Secretary may United States by making a significant con- tions, including aircraft bearing such des- not obligate or expend funds to provide sup- tribution to the military potential of indi- ignations that use reciprocating engines or port under this section until 15 days after vidual countries or by disseminating the ca- turboprop engines delivering less than 600 the date on which the Secretary submits to pability to design, develop, test, produce, horsepower. the committees referred to in paragraph (3) stockpile, or use weapons of mass destruc- (C) Utility aircraft bearing ‘‘U’’ designa- tion, missile delivery systems, and other sig- the certification described in paragraph (2). (2) The certification referred to in para- tions, including UH–1 aircraft and UH/EH–60 nificant military capabilities. Therefore, the graph (1) is a written certification of the fol- aircraft and aircraft bearing such designa- administration of export controls should em- lowing: tions that use reciprocating engines. phasize the control of these exports. (D) Liaison aircraft bearing ‘‘L’’ designa- (3) The acquisition of sensitive commod- (A) That the provision of support under this section will not adversely affect the tions. ities and technologies by those countries and (E) Observation aircraft bearing ‘‘O’’ des- end users whose actions or policies run military preparedness of the United States Armed Forces. ignations, including OH–58 aircraft and air- counter to United States national security craft bearing such designations that use re- or foreign policy interests may enhance the (B) That the equipment and materiel pro- vided as support will be used only by officials ciprocating engines. military capabilities of those countries, par- (F) Truck, tractors, trailers, and vans, in- ticularly their ability to design, develop, and employees of the Government of Mexico who have undergone a background check by cluding all vehicles bearing ‘‘M’’ designa- test, produce, stockpile, use, and deliver nu- tions. clear, chemical, and biological weapons, mis- that government. sile delivery systems, and other significant (C) That the Government of Mexico has military capabilities. This enhancement certified to the Secretary that— threatens the security of the United States (i) the equipment and material provided as FEINSTEIN (AND OTHERS) and its allies. The availability to countries support will be used only by the officials and AMENDMENT NO. 4382 employees referred to in subparagraph (B); and end users of items that contribute to Mr. LEVIN (for Mrs. FEINSTEIN for military capabilities or the proliferation of (ii) none of the equipment or materiel will be transferred (by sale, gift, or otherwise) to herself, Mr. KYL, and Mr. GRASSLEY) weapons of mass destruction is a funda- proposed an amendment to the bill, S. mental concern of the United States and any person or entity not authorized by the should be eliminated through deterrence, ne- United States to receive the equipment or 1745, supra; as follows: gotiations, and other appropriate means materiel; and At the end of subtitle F of title X, add the whenever possible. (iii) the equipment and materiel will be following: used only for the purposes intended by the (4) The national security of the United SEC. 1072. SALE OF CHEMICALS USED TO MANU- States depends not only on wise foreign poli- United States Government. FACTURE CONTROLLED SUB- cies and a strong defense, but also a vibrant (D) That the Government of Mexico has STANCES BY FEDERAL DEPART- national economy. To be truly effective, ex- implemented, to the satisfaction of the Sec- MENTS OR AGENCIES. port controls should be applied uniformly by retary, a system that will provide an ac- A Federal department or agency may not all suppliers. counting and inventory of the equipment and sell from the stocks of the department or (5) On November 5, 1995, President William materiel provided as support. agency any chemical which, as determined J. Clinton extended Executive Order No. (E) That the departments, agencies, and in- by the Administrator of the Drug Enforce- 12938 regarding ‘‘Weapons of Mass Destruc- strumentalities of the Government of Mexico ment Agency, could be used in the manufac- tion’’, and ‘‘declared a national emergency will grant United States Government per- ture of a controlled substance as defined in with respect to the unusual and extraor- sonnel unrestricted access to any of the section 102 of the Controlled Substances Act dinary threat to the national security, for- equipment or materiel provided as support, (21 U.S.C. 802) unless the Administrator cer- eign policy, and economy of the United or to any of the records relating to such tifies in writing to the head of the depart- States posed by the proliferation of nuclear, equipment or materiel, under terms and con- ment or agency that there is no reasonable biological, and chemical weapons and the ditions similar to the terms and conditions cause to believe that the sale of the chemical means of delivering such weapons’’. imposed with respect to such access under would result in the illegal manufacture of a (6) A successor regime to COCOM (the Co- section 505(a)(3) of the Foreign Assistance controlled substance. ordinating Commission on Multilateral Con- Act of 1961 (22 U.S.C. 2314(a)(3)). trols) has not been established. Currently, (F) That the Government of Mexico will each nation is determining independently provide security with respect to the equip- MOSELEY-BRAUN (AND OTHERS) which dual-use military items, if any, will be ment and materiel provided as support that controlled for export. is equivalent to the security that the United AMENDMENT NO. 4383 (7) The United States should play a leading States Government would provide with re- Mr. MCCAIN (for Ms. MOSELEY- role in promoting transparency and responsi- spect to such equipment and materiel. BRAUN, for herself, Mr. COCHRAN, and bility with regard to the transfers of sen- (G) That the Government of Mexico will Mr. LOTT) proposed an amendment to sitive dual-use goods and technologies. permit continuous observation and review by the bill, S. 1745, supra; as follows: (b) SENSE OF SENATE.—It is the sense of the United States Government personnel of the Senate that— use of the equipment and materiel provided At the end of subtitle B of title II, add the (1) establishing an international export as support under terms and conditions simi- following: control regime, empowered to control ex- lar to the terms and conditions imposed with SEC. 223. COMPUTER-ASSISTED EDUCATION AND ports of dual-use technology, is critically respect to such observation and review under TRAINING. important and should become a top priority section 505(a)(3) of the Foreign Assistance Of the amount authorized to be appro- for the United States; and Act of 1961 (22 U.S.C. 2314(a)(3)). priated under section 201(4), $10,000,000 shall (2) the United States should strongly en- (3) The committees referred to in this para- be available under program element 0601103D courage its allies and friends to— graph are the following: for computer-assisted education and training (A) adopt a commodity control list which (A) The Committees on Armed Services at the Defense Advanced Research Projects governs the same or similar items as are and Foreign Relations of the Senate. Agency.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7201 LEVIN AMENDMENT NO. 4384 waters, and interests in land and water as report of the Urban Development and the Secretary considers appropriate and Research of the U.S. Department of Mr. LEVIN proposed an amendment shall adjust the boundaries of the refuge ac- to the bill, S. 1745, supra; as follows: Housing and Urban Development, and a cordingly. study prepared by SMS Research for At the end of subtitle F of title X add the ‘‘(2) APPLICABLE LAWS.—Any acquisition following: described in paragraph (1) shall be carried the Department of Hawaiian Home SEC. 1072. OPERATIONAL SUPPORT AIRLIFT AIR- out in accordance with all applicable laws.’’. Lands entitled, the ‘‘Beneficiary Needs CRAFT. SEC. 202. AUTHORIZATION OF APPROPRIATIONS. Study.’’ The hearing will be held in the (a) STATUS OF EXCESS AIRCRAFT.—Oper- Section 206(a) of Public Law 100–610 (16 Aha Kanawai Courtroom, fourth floor, ational support airlift aircraft excess to the U.S.C. 668dd note) is amended by striking Federal Courthouse, Prince Kuhio Fed- requirements of the Department of Defense ‘‘designated in section 4(a)(1)’’ and inserting eral building complex, Honolulu, HI. shall be placed in an inactive status and ‘‘designated or identified under section 204’’. SUBCOMMITTEE ON FORESTS AND PUBLIC LAND stored at Davis-Monthan Air Force Base, Ar- SEC. 203. TECHNICAL AMENDMENTS. MANAGEMENT izona, pending the completion of any study Public Law 100–610 (16 U.S.C. 668dd note) is or analysis of the costs and benefits of dis- Mr. CRAIG. Mr. President, I would amended— like to announce for the benefit of posing of or operating such aircraft that pre- (1) in section 201(1)— cedes a decision to dispose of or continue to Members and the public that the Sub- (A) by striking ‘‘and the associated’’ and committee on Forests and Public Land operate such aircraft. inserting ‘‘including the associated’’; and (b) OPERATIONAL SUPPORT AIRLIFT AIR- (B) by striking ‘‘and dividing’’ and insert- Management of the Committee on En- CRAFT DEFINED.—In this section, the term ing ‘‘dividing’’; ergy and Natural Resources has sched- ‘‘operational support airlift aircraft’’ has the (2) in section 203, by striking ‘‘of this Act’’ uled a hearing on several measures re- meaning given such term in section 1086(f) of and inserting ‘‘of this title’’; lating to the Bureau of Reclamation. the National Defense Authorization Act for (3) in section 204— The measures are: Fiscal Year 1996 (Public Law 104–106; 110 (A) in subsection (a)(1), by striking ‘‘of this Stat. 458). S. 931—To authorize the construction Act’’ and inserting ‘‘of this title’’; and of the Lewis and Clark Rural Water f (B) in subsection (b), by striking ‘‘purpose System and to authorize assistance to of this Act’’ and inserting ‘‘purposes of this THE NORTH PLATTE NATIONAL the Lewis and Clark Rural Water Sys- WILDLIFE REFUGE BOUNDARY title’’; (4) in the second sentence of section 205, by tem, Inc., a nonprofit corporation, for ACT OF 1996 striking ‘‘of this Act’’ and inserting ‘‘of this the planning and construction of the title’’; and water supply system, and for other pur- (5) in section 207, by striking ‘‘Act’’ and in- poses. CHAFEE AMENDMENT NO. 4385 serting ‘‘title’’. S. 1564—To amend the Small Rec- Mr. MCCAIN (for Mr. CHAFEE) pro- Amend the title so as to read: ‘‘An Act to lamation Projects Act of 1956 to au- posed an amendment to the bill (H.R. revise the boundary of the North Platte Na- thorize the Secretary of the Interior to 2679) to revise the boundary of the tional Wildlife Refuge, to expand the provide loan guarantees for water sup- Pettaquamscutt Cove National Wildlife Ref- North Platte National Wildlife Refuge; uge, and for other purposes.’’. ply, conservation, quality, and trans- as follows: mission projects, and for other pur- f Strike all after the enacting clause and in- poses. sert the following: THE MARK O. HATFIELD UNITED S. 1565—To amend the Small Rec- TITLE I—NORTH PLATTE NATIONAL STATES COURTHOUSE DESIGNA- lamation Projects Act of 1956 and to WILDLIFE REFUGE TION ACT OF 1996 supplement the Federal Reclamation SEC. 101. REVISION OF BOUNDARY OF NORTH Laws by providing for Federal coopera- PLATTE NATIONAL WILDLIFE REF- tion in non-Federal projects and for UGE. LEVIN AMENDMENT NO. 4386 participation by non-Federal agencies (a) TERMINATION OF JURISDICTION.—The sec- Mr. MCCAIN (for Mr. LEVIN) proposed in Federal projects. ondary jurisdiction of the United States Fish S. 1649—to extend contracts between and Wildlife Service over approximately 2,470 an amendment to the bill (S. 1636) to acres of land at the North Platte National designate the United States Court- the Bureau of Reclamation and irriga- Wildlife Refuge in the State of Nebraska, as house under construction at 1030 tion districts in Kansas and Nebraska, depicted on a map entitled ‘‘Relinquishment Southwest 3d Avenue, Portland, OR, as and for other purposes. of North Platte National Wildlife Refuge the ‘‘Mark O. Hatfield United States S. 1719—To require the Secretary of Secondary Jurisdiction’’, dated August 1995, Courthouse,’’ and for other purposes; as the Interior to offer to sell to certain and available for inspection at appropriate follows: public agencies the indebtedness rep- offices of the United States Fish and Wildlife resenting the remaining repayment At the appropriate place, insert the fol- Service, is terminated. balance of certain Bureau of Reclama- (b) REVOCATION OF EXECUTIVE ORDER.—Ex- lowing: tion projects in Texas, and for other ecutive Order Number 2446, dated August 21, SEC. . EXTENSION OF FDR MEMORIAL MEMBER 1916, is revoked with respect to the land de- TERMS. purposes. scribed in subsection (a). The first section of the Act entitled ‘‘An The hearing will take place on Tues- TITLE II—PETTAQUAMSCUTT COVE Act to establish a commission to formulate day, July 30, 1996 at 9:30 a.m. in room NATIONAL WILDLIFE REFUGE plans for a memorial to Franklin Delano SD–366 of the Dirksen Senate Office Roosevelt’’, approved August 11, 1955 (69 Building. SEC. 201. EXPANSION OF PETTAQUAMSCUTT Stat. 694) is amended by adding at the end COVE NATIONAL WILDLIFE REFUGE. Those wishing to testify or submit thereof the following: ‘‘A Commissioner who Section 204 of Public Law 100–610 (16 U.S.C. written statements for the record ceases to be a Member of the Senate or the 668dd note) is amended by adding at the end should contact James Beirne or Betty House of Representatives may, with the ap- the following: proval of the appointing authority, continue Nevitt of the subcommittee staff or ‘‘(e) EXPANSION OF REFUGE.— to serve as a Commissioner for a period of up write the Subcommittee on Forests ‘‘(1) ACQUISITION.—The Secretary may ac- to one year after he or she ceases to be a and Public Land Management, Com- quire for addition to the refuge the area in Member of the Senate or the House of Rep- mittee on Energy and Natural Re- Rhode Island known as ‘Foddering Farm resentatives.’’. Acres’, consisting of approximately 100 acres, sources, U.S. Senate, Washington, DC adjacent to Long Cove and bordering on f 20510. Foddering Farm Road to the south and Point NOTICES OF HEARINGS f Judith Road to the east, as depicted on a map entitled ‘Pettaquamscutt Cove NWR Ex- COMMITTEE ON INDIAN AFFAIRS AUTHORITY FOR COMMITTEES TO pansion Area’, dated May 13, 1996, and avail- Mr. MCCAIN. Mr. President, I would MEET able for inspection in appropriate offices of like to announce that the Committee COMMITTEE ON FINANCE the United States Fish and Wildlife Service. on Indian Affairs will hold a hearing on Mr. THURMOND. Mr. President, I ‘‘(2) BOUNDARY REVISION.—The boundaries Wednesday, July 3, 1996 at 9:30 a.m. in ask unanimous consent that the Com- of the refuge are revised to include the area described in paragraph (1). Hawaii. The hearing will focus on the mittee on Finance be permitted to ‘‘(f) FUTURE EXPANSION.— final report of the National Commis- meet Thursday, June 27, 1996 beginning ‘‘(1) IN GENERAL.—The Secretary may ac- sion on American Indian, Alaska Na- at 10 a.m. in room SH–215, to conduct a quire for addition to the refuge such lands, tive and Native Hawaiian Housing, a markup on S. 1795.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7202 CONGRESSIONAL RECORD — SENATE June 27, 1996 The PRESIDING OFFICER. Without I think the American people are par- guarantees to lenders who provide objection, it is so ordered. ticularly concerned—I know I am—that loans to places of worship that have COMMITTEE ON GOVERNMENTAL AFFAIRS a disproportionate number of these at- been victimized by arson.’’ This section Mr. THURMOND. Mr. President, I tacks have occurred at African-Amer- is important for the comfort it will ask unanimous consent on behalf of the ican churches. Of the 56 church burn- provide to churches that lack the re- Governmental Affairs Committee to ings in the past 18 months, approxi- sources to rebuild, assuming that it meet on Thursday, June 27 at 10 a.m. mately 40 were predominantly African- does not violate the wall of separation for a hearing on ‘‘Improving Manage- American houses of worship. Many of between church and State. ment and Organization in Federal Nat- these institutions are more than places Private efforts are at least equally ural Resources and Environmental of prayer—they are the center of the impressive. Organizations both reli- Functions.’’ community. gious and nonreligious have pledged The PRESIDING OFFICER. Without According to the Justice Depart- millions in grants and loans to help re- objection, it is so ordered. ment, racial hatred is behind at least build the churches. The reaction of the religious commu- COMMITTEE ON THE JUDICIARY some of the burnings. Authorities will nity is particularly commendable and Mr. THURMOND. Mr. President, I need to continue to investigate wheth- welcome. During the civil rights strug- ask unanimous consent that the Com- er the fires prove to be part of a con- gle, the Reverend Martin Luther King mittee on the Judiciary be authorized spiracy or the work of individual mis- Jr. lamented the religious commu- to meet during the session of the Sen- creants. nity’s lack of support for those engaged ate on Thursday, June 27, 1996, at 9:30 It is important to note that church burnings have occurred outside of the in efforts to end segregation and pro- a.m., to hold an executive business mote equality: meeting. Southeast, including in Arizona. This Called to be the moral guardian of the The PRESIDING OFFICER. Without February, the 65-year-old First South- ern Baptist Church in Tucson was community, the Church at times has pre- objection, it is so ordered. served that which is immoral and unethical. badly damaged by a fire that is now COMMITTEE ON THE JUDICIARY Called to combat social evils, it has re- Mr. THURMOND. Mr. President, I under Federal investigation. The Pas- mained silent behind stained-glass windows. ask unanimous consent that the Com- tor, Ron Hart, said words with uni- I think Dr. King would be very happy mittee on the Judiciary be authorized versal appeal: ‘‘The First Southern to learn that America has grown, and to meet during the session of the Sen- Baptist Church did not burn down—just this indifference is no longer the case. ate on Thursday, June 27, 1996, at 10 the building. The church is scattered Before the church burnings received a.m. to hold a hearing on ‘‘Church all over Tucson. People are the church. national attention, the Christian Coali- Burnings.’’ We can rebuild.’’ tion posted a $25,000 award for informa- The PRESIDING OFFICER. Without While it took too long for the church tion leading to the conviction of any objection, it is so ordered. burnings to bother America’s con- church arsonist, and recently, the science, now that the issue is in the SUBCOMMITTEE ON HOUSING OPPORTUNITY AND group announced a major fundraising open, there is action on many fronts to COMMUNITY DEVELOPMENT drive to repair and reconstruct the Mr. THURMOND. Mr. President, I put an end to the fires, capture those houses of worship. The Southern Bap- ask unanimous consent that the Sub- responsible, and help rebuild destroyed tist Convention, at its annual meeting committee on Housing Opportunity institutions. this month, passed a resolution con- Federal and State law-enforcement and Community Development of the demning the arsons, and initiated an agencies are working together to solve Committee on Banking, Housing, and offering to help rebuild the churches. these crimes against the people of Urban Affairs be authorized to meet Other notable organizations have of- America. Over 200 Federal law-enforce- during the session of the Senate on fered assistance, including the Na- ment agents are on the case, and many Thursday, June 27, 1996, to conduct a tional Council of Churches and the more State and local officials are in- hearing on restructuring the Federal Anti-Defamation League. vestigating the fires. Housing Administration’s Insured and I applaud all those who have under- A laudable example of Federal-State Assisted Multifamily Housing Port- taken these efforts. We must all con- cooperation will soon occur in my folio. tinue to work together as one people— State of Arizona. Next week, in Phoe- The PRESIDING OFFICER. Without the American people—to douse the nix, the FBI and the Phoenix Police objection, it is so ordered. flames, punish those responsible, and Department will host a forum on the rebuild what pernicious bigotry and ha- SUBCOMMITTEE ON NEAR EASTERN AND SOUTH church burnings with African-Amer- ASIAN AFFAIRS tred have sought to destroy. ican pastors. Mr. THURMOND. Mr. President, I f In responding to the burnings, the ask unanimous consent that the Sub- Congress has acted in a most appro- HEDGESVILLE HIGH SCHOOL committee on Near Eastern and South priate bipartisan fashion to get to the ∑ Mr. ROCKEFELLER. Mr. President, I Asian Affairs of the Committee on For- bottom of these terrorist incidents. would like to congratulate Hedgesville eign Relations be authorized to meet Hearings have already been held in the High School on their outstanding during the session of the Senate on House. And today the Senate Judiciary achievement in We the People * * * the Wednesday, June 27, at 2 pm to hold Committee learned the latest on the Citizen and the Constitution national hearing. criminal investigation. finals. This competition promotes an The PRESIDING OFFICER. Without Senators FAIRCLOTH and KENNEDY understanding of the key objectives objection, it is so ordered. and Representatives HYDE and CONYERS and significance of American constitu- ADDITIONAL STATEMENTS have drafted church arson legislation tional democracy. that will soon reach the President. The 17 students from Hedgesville, Both chambers have passed it unani- WV, who competed in the national CHURCH BURNINGS mously. The measure will sharpen fed- finals in Washington, DC, April 27–29, Mr. KYL. Mr. President, the attacks eral penalties for the burning of were Erin Ambrester, Kelly Buck, Rob- on the churches, predominantly in the churches and enhance the resources ert Deters, Dwain Donaldson, Alisha Southeast, are far more than attacks available to law enforcement to inves- Harper, Jessica Hedrick, Jennifer on these institutions—they are attacks tigate and prevent such acts of arson in Huftless, Janice Kelly, Travis Kline, on the very foundation of the United the future. Rebecca Maslauskas, Aaron Moats, States. This country was formed to Another key element of the legisla- Janelle Myers, Jennifer Powers, Heidi protect people’s religious liberty. tion provides Federal loan guarantees Silver, Christopher Twigg, Stephanie Burning a place of worship assaults to help rebuild the razed churches. Sen- Whitford, and Melissa Zombro. This this principle. The American people, ator KENNEDY describes this section as group competed against 49 other class- who cherish religious freedom, do not an ‘‘important provision granting the es from around the country. look kindly on the destruction of Department of Housing and Urban De- I would also like to recognize their houses of worship. velopment the authority to make loan teacher, Harriett Kopp, who deserves

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7203 acknowledgment for the success of the Bando Manufacturing of America on tial and appreciated the beauty of the team. Other individuals who contrib- receiving this distinguished award.∑ Singrawac Valley. Located midway uted to the team were district coordi- f along the slopes of Mount Starr King nator, Sharon Flack, and State coordi- in the Pliny Range, Jefferson has ILLITERACY nator, Ernest Dotson. breathtaking views of both the Presi- This program is conducted by the ∑ Mr. LAUTENBERG. Mr. President, I dential Range and Cherry Mountain. Center for Civic Education. The pro- rise to call to the Senate’s attention Colonel Whipple was instrumental in gram itself reaches more than 22 mil- the serious problem of illiteracy and Jefferson’s development, as the man re- lion students between elementary and its effects on our citizens and our Na- sponsible for giving the town its distin- high school levels. The national finals tion. guished name. He was both a personal are similar to a congressional hearing Despite living in one of the most friend to Thomas Jefferson and an ar- whereby students testify as constitu- technologically advanced countries in dent Jeffersonian Democrat. In addi- tional experts before a panel of judges. the world, far too many Americans are tion, he was the brother of William This nationally acclaimed program illiterate. Over 27 million of our fellow Whipple, one of New Hampshire’s three helps students understand the history citizens cannot read, and an additional signers of the Declaration of Independ- and principles of our constitutional 35 million read below the level nec- ence. In honor of this great man the government. The U.S. Constitution and essary to function in our society. What town received the name Jefferson in Bill of Rights are the focus of this civic is particularly alarming is that the 1796, 4 years before Thomas Jefferson competition among students in public ranks of the illiterate are annually was elected President of the United and private schools. swelling by over 2 million adults. In States. Later in 1796 an act of the New This particular class from our current age, information is power, Hampshire legislature incorporated the Hedgesville High School participated but for too many Americans, informa- town of Jefferson, beginning its proud at the congressional district, State, tion is simply inaccessible. history. and national levels. The panel of judges The personal costs of adult illiteracy The early settlers of this untamed score students on the basis of their are indeed high; however, the costs are country were independent and self-suf- ability to comprehend the constitu- borne not only by these individuals, ficient folk, characteristics that have tional principles of America’s histor- but by our Nation as a whole. Illiteracy endured in the people of this region. ical and contemporary issues. Again, robs an individual of dignity, and it They began as a farming community Mr. President, I am so proud of these robs a community of their potential working for the town’s founder Colonel young men and women from contributions. In fact, the cost, in Whipple. They were paid with half of a Hedgesville High School.∑ terms of wasted human resources, is es- hundred acre lot and had the option to f timated at over $225 billion. buy the other half. With their inde- Mr. President, I want to commend pendent spirit and determination they TRIBUTE TO BANDO those who are dedicating their lives to built a strong and lasting community MANUFACTURING OF AMERICA eradicating illiteracy. I want to thank that makes their descendants proud. ∑ Mr. McCONNELL. Mr. President, I the teachers, volunteers, parents, and When the town was first settled, the rise today to congratulate Bando Man- others across America who are freely nearest mill was forty miles away, yet ufacturing of America [BMA], located giving of their time and talent to help the town residents made the trip with in Bowling Green, KY, on receiving a those who cannot read. In my own bushels of corn in tow. supplier quality award from Honda of State of New Jersey, ‘‘Focus on Lit- Thomas Starr King was an important American Manufacturing. The associ- eracy, Inc.’’ is a group that is under- figure in the town’s history and lent ates of BMA were presented with a sup- taking heroic efforts in the battle his name to the mountain Jefferson plier award for outstanding achieve- against illiteracy; I extend my thanks proudly rests upon. It was he who en- ment in quality by Honda officials. to everyone involved. couraged Benjamin Plaisted to build a Bando was 1 of 60 of Honda’s 353 We must focus attention on illit- hotel for tourists in this northern re- North American suppliers to receive an eracy. All of us need to understand the gion. He wanted to see a place created award at the company’s 14th annual extent of the problem and its far-reach- where people could contemplate the Supplier Conference in April. Bando ing effects. We must also ensure that ever changing beauty of the majestic makes power transmission belts for the our citizens who need help know where mountains. The Waumbeck, meaning Honda Accord and Civic which are both services are available. But most impor- White Rock, was built in 1860 with its manufactured at the Marysville, OH, tantly, more of us need to enlist in the name and location chosen by Mr. King. Honda plant. battle to close the book on illiteracy.∑ At the height of the late 1800’s, the Dave Nelson, senior vice-president of f area around Jefferson boasted a large Honda of American Manufacturing community of inns and hotels. Deborah Purchasing and Corporate Affairs, com- TRIBUTE TO THE TOWN OF JEF- Vicker was also an important figure in mented, ‘‘The quality level, competi- FERSON, NH, AS IT CELEBRATES Jefferson’s history. She was originally tiveness, and development capability of ITS BICENTENNIAL a housemaid of Col. Whipple who, with suppliers is an essential part of ∑ Mr. SMITH. Mr. President, I rise typical Jefferson independence, later Honda’s growth in North America. today to pay tribute to the town of Jef- became a well respected doctor in the That’s why we honor companies like ferson, NH, on their 200th Anniversary. region. Bando Manufacturing of America. Jefferson is celebrating their 200th Today, the town of Jefferson prides Their commitment and quality focus is birthday all throughout the year, and itself on its quality of life and commu- absolutely critical to our future suc- the town’s citizens will highlight these nity spirit, a tradition that has mani- cess together.’’ He added, ‘‘As we de- festivities with a Grand Parade and nu- fested itself throughout the town’s his- velop and manufacture new products merous other activities on July 6. This tory. In 1885, a disastrous rock slide on for new markets, we plan for our sup- small New Hampshire town has a sig- the mountain destroyed a nearly com- pliers to play an ever-increasing role in nificant heritage to celebrate on their pleted home and in 1928, fire destroyed their development.’’ bicentennial. the Waumbeck Hotel. Although the era In addition to automotive trans- The history of Jefferson began in 1765 of the grand hotels of the 19th century mission belts, Bando Manufacturing of with a land grant from George III to is gone, the people of Jefferson con- America also produces power trans- John Goffe and 75 others. Although tinue to enjoy their majestic view of mission belts for industrial and agri- Goffe and his friends failed to meet the the Singrawac Valley and the sur- cultural applications. With a produc- conditions of the grant and retain the rounding mountains. The great Jeffer- tion capacity of 850,000 pieces per land, they left the area with the name son community spirit manifested itself month, Bando currently has 159 em- Dartmouth, which would eventually again in 1988, when a series of fires in ployees. become Jefferson. The land was eventu- the area threatened the town and drew Mr. President, I ask you and my col- ally granted to Col. Joseph Whipple, a national attention as the community leagues to join me in congratulating man of great vision who saw the poten- pulled together. This town of nearly

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7204 CONGRESSIONAL RECORD — SENATE June 27, 1996 1,000 residents boasts not only magnifi- continuing threat which I believe the the SUNBURN, traveling at mach 2.5, cent surroundings, but a community of leadership of Iran offers to the Middle the time from its appearance over the friendly, caring neighbors as well. East. Today, I would like to focus horizon until it impacts on its target is I congratulate the town of Jefferson again on Iran’s procurement of missiles only approximately 30 seconds. Fur- on this historic milestone and wish which threaten the free passage ther, sophisticated missiles which en- them a happy bicentennial celebration. through the Persian Gulf of oil and gage in corkscrew and serpentine ma- I send them my best wishes for contin- other goods vital to the United States. neuvers as they enter their final phase ued success and a prosperous year as Early this year Pentagon officials ac- make them very difficult to engage. they mark their 200th birthday. Happy knowledged that Iran had test-fired a The second general category of ship Birthday Jefferson.∑ Chinese-built C–802 antiship cruise mis- self-defense systems are decoys. Navy f sile. The test firing of this missile oc- vessels are equipped to fire chaff into curred near the approaches of the the air when their sensors detect an in- DR. JAMES J. DUDERSTADT Strait of Hormuz, the strategic water- coming anti-ship missile. The chaff can ∑ Mr. LEVIN. Mr. President, I rise to way at the entrance to the Persian confuse the sensors carried by the less honor Dr. James J. Duderstadt as he Gulf. The C–802 antiship cruise missile sophisticated anti-ship missiles. This is leaves the office of president of the can achieve speeds up to mach 0.9 and simply an improvement of the tech- University of Michigan after 8 years of can be fired from over 50 miles from nology used by aircraft early in World outstanding leadership. the target ship. It is powered by a tur- War II. A much more promising tech- James Duderstadt has dutifully bojet with a rocket booster and attacks nology is the NULKA Decoy System. It served the University of Michigan for the target vessel at a height of only 15 is an all-weather self-protection mis- the past 28 years. He first joined the feet above the ocean. The Pentagon sile that is especially designed to pro- faculty in 1969 as an assistant professor said that five Chinese fast-attack craft tect combatant amphibious ships oper- of nuclear engineering. He became an are equipped to carry the missiles, with ating in littoral waters against anti- associate professor in 1972 and a full another five of the missile patrol boats ship missiles. This decoy draws the professor in 1976. During 1981–86, Dr. expected to be delivered to Iran soon. anti-ship missile away from its target Duderstadt was appointed dean of the Additionally, 10 Kaman-class fast at- and shows great promise against the College of Engineering. In 1986, he was tack boats are now being modified by most sophisticated threats when inte- named provost and vice president for Iran to carry the C–802. In response to grated with the ship’s sensors and academic affairs. Dr. Duderstadt was this development, Senators LARRY weapons systems. I urge the Pentagon elected president of the University of PRESSLER, ARLEN SPECTER, CONNIE and my colleagues on the Defense com- Michigan in 1988. MACK, and I asked President Clinton to mittees to take the necessary measures Under Dr. Duderstadt’s leadership, verify that China had sold this missile to expedite fielding of this system as the University of Michigan has become to Iran in violation of the Iran-Iraq quickly as possible. the Nation’s top research university. Arms Non-Proliferation Act of 1992. I Mr. President, I now ask what pur- He has worked hard to attract the best regret to say that the response of the pose the Government of Iran has for its faculty and to solidify strong private administration was unsatisfactory. actions? Its recent procurement of nu- and Federal support. Under his watch, A less publicized acquisition of Iran clear technology can be explained U of M increased its endowment by five has been the procurement of the SS–N– away, however lamely, with claims of times to $1.6 billion and became the 22 (SUNBURN) anti-ship cruise missile non-military applications. An apolo- first public university to earn an Aa1 from a Former Soviet Union State. gist could argue that Iran’s procure- credit rating from Moody’s Investors This missile is much more capable and ment of submarines is defensive in its Service. Dr. Duderstadt and the Uni- dangerous than the Chinese C–802. The nature. However, there is no argument versity of Michigan have put this new- SUNBURN missile can travel at speeds which can explain the procurement of found investment to good use. U of M is up to mach 2.5, almost 3 times as fast anti-ship missiles of the type I have de- currently involved in renovating all of as the Chinese C–802 missile. It can per- scribed. They are clearly for offensive its campus buildings, diversifying the form ‘‘S’’ turns during flight and car- purposes. They can only be used to at- university community, and strength- ries sophisticated electronic sensors. tack ships in the Persian Gulf or ening its academic programs. This missile, as I will discuss in more threaten to do so. Imagine yourself as Dr. Duderstadt’s teaching and re- detail, poses a significant threat to our a sailor on one of our ships that has search interests include science, math- naval vessels and the free flow of oil in just detected the approach of such a ematics, and engineering. He has the Persian Gulf. missile. Thirty seconds is very little worked on projects involving nuclear Mr. President, let me talk briefly and time to react in a meaningful way. I fission reactors, laser-driven thermo- in very general terms about the sys- need not remind my colleagues that we nuclear fusion and supercomputer de- tems which our naval vessels use to de- fought in Iraq, in large part, to con- velopment. Dr. Duderstadt’s work in fend themselves. At the outset, I tinue to guarantee free passage of oil the areas of science and education have should say that the Navy has begun to from the Persian Gulf. If Iran cannot won him many national awards. He has improve its ship self-defense systems, be persuaded to abandon its current been the recipient of the Mark Mills as they are called, following the tragic course, I am afraid we may be forced to Prize for the outstanding thesis in nu- incident in which the U.S.S. Stark was do so again.∑ clear science, the E.O. Lawrence Award hit and badly damaged by an Iraqi- f for excellence in nuclear research, and launched Exocet missile. The ship self- KESHIA THOMAS: LEADING BY the Arthur Holly Compton Prize for defense systems fall into two general EXAMPLE outstanding teaching. categories. The first are sensors, mis- I know my Senate colleagues join me siles and guns which are designed to lo- ∑ Mr. HOLLINGS. Mr. President, re- in honoring Dr. James J. Duderstadt on cate and shoot down the attacking mis- cently we have been seeing a lot of the remarkable work he has done at sile. The idea is to hit a bullet with a headlines about violence, destruction, the University of Michigan.∑ bullet. I believe that there can be no and racial hatred. Amidst these news f disagreement that this is a difficult stories, it is truly heartening to read task. Because of the size of the Persian about a person like Keshia Thomas. CONTINUING DEVELOPMENTS IN Gulf, ships are always relatively close This courageous woman from Ypsi- IRAN to shore. When an antiship missile is lanti, MI, has shown the Nation that, ∑ Mr. D’AMATO. Mr. President, I wish fired from a land-based site as it could despite all evidence to the contrary, to warn my colleagues of continuing be in Iran, ground clutter can conceal there is still hope that we can set aside developments in Iran which I believe to the missile from ship or aircraft radar our differences and someday have a be very dangerous to the national in- until it reaches open water, which re- peaceful society. On the afternoon of terests of the United States. duces the reaction time of our ships June 22, the only statement Keshia As many are aware, I have spoken be- and makes the interception much more planned to make was to counterprotest fore to express my concerns about the difficult. With an anti-ship missile like a KKK rally near her hometown. But

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7205 when she stepped into a group of people The young ladies from Kentucky who intended federal subsidy—in fact, con- that were beating a man and risked will receive this honor are: Alicia Beth travenes Congressional intent—and bodily harm to protect him, she made a Ayers, Nancy Bach, Karen Blandford, that contributes to the enrichment of greater statement than she could have Stacy Cook, Erin Davis, Kimberly persons who need no Federal assistance dreamed. I was certainly moved by the Dudgeon, Erin Emery, Emily Evans, whatsoever. picture of a young black woman shield- Allison Grant, Sharon Hagan, Kim- I chose to introduce S. 1880 with an ing a Ku Klux Klan member from an berly Hall, Colleen Kelly, Jennifer immediate effective date for a number angry crowd. And from the tremendous Kovacs, Katherine Lindle, Shannon of reasons. Most importantly, Congress response her action has gotten, it ap- Metcalf, Amy Poppell, Pasquel Ross, intended to eliminate the issuance of pears that people all over the Nation Emily Shults, Kimberly Stephenson, tax-exempt bonds to finance profes- were moved as well. Renee Stewart, Heather Watt, Kate sional sports facilities as part of the Extremely modest about the incident Woodford, and Allison Zettwoch from Tax Reform Act of 1986. An immediate and her status as ‘‘heroine’’, Keshia the Kentuckiana Girl Scout Council. effective date is appropriate because credits the people who raised her, jok- Christie DeMoss, Julie Ann Greis, the issuance of these bonds con- ing, ‘‘who says teenagers don’t listen.’’ Mindy Hiles, Jacqui Meier, Angela travenes the clear and expressed intent She considers herself very much a Schierberg, and Christina Teeters from of Congress. Also, an immediate effec- product of her upbringing by her par- the Licking Valley Girl Scout Council. tive date is necessary to prevent a rush ents and several other adults who Girl Scouts of the U.S.A., an organi- to market. I have no doubt that bond taught her from an early age the value zation serving over 2.5 million girls, market professionals would act very of education and tolerance. My office has awarded more than 20,000 Girl quickly to issue stadium bonds if pro- contacted Ms. Thomas and discovered Scout Gold Awards to Senior Girl vided a window of opportunity in which to do so. The potential for a rush to that she was no stranger to Wash- Scouts since the inception of the pro- market would have a predictable im- ington, DC. In 1994, Carol Tice, one of gram in 1980. To receive the award, a pact on the revenue estimate for this the influential people in Keshia’s life, Girl Scout must earn four interest project patches, the Career Exploration measure. took her to the signing of Goals 2000, At the same time, I recognized that a Pin, the Senior Girl Scout Leadership where she met President Clinton. Other few localities may have expended sig- Award, and the Senior Girl Scout Chal- family friends like Joseph Dulin, a nificant time and funds in planning and lenge, as well as design and implement principal of an Ann Arbor High School, financing a professional sports facility, a Girl Scout Gold Award project. A Joe Lewis, Keshia’s horseback riding in reliance upon professional advice on instructor, and Bernadette Lewis have plan for fulfilling these requirements is their ability to issue tax-exempt bonds. provided and continue to provide her created by the Senior Girl Scout and is Thus, in my introductory statement, I with support and instruction. carried out through close cooperation specifically requested comment regard- Each of these men and women de- between the girl and an adult Girl ing ‘‘the need for equitable relief for serve credit in their own right, for rec- Scout volunteer. stadiums already in the planning ognizing the importance of mentoring Mr. President, I ask you and my col- stages.’’ young people. Far from the political leagues to join me in paying tribute to In response to my request, several lo- rhetoric of family values, these people these outstanding young ladies. They calities that had been planning to fi- have shown by example what a valu- deserve recognition for their contribu- nance professional sports facilities able investment a community can tions to their community and their with tax-exempt bonds have already make by supporting its children. The country and I wish them continued come forward. They have provided the image of Keshia Thomas’ bravery and success in the years ahead.∑ details necessary to craft appropriate humanitarianism touched us all, and f ‘‘binding contract’’ type transitional we must remember that—like every EQUITABLE RELIEF WITH RE- relief. They have also informed me image, there is a whole story behind it. SPECT TO S. 1880, THE STOP that, despite my clear statement that Keshia Thomas didn’t act with the TAX-EXEMPT ARENA DEBT appropriate transition relief would be intention of being lauded by the press ISSUANCE ACT afforded, some proposed stadium deals or given awards, and that is what ∑ could be delayed or called into ques- makes her actions truly heroic. I would Mr. MOYNIHAN. Mr. President, I re- tion in reaction to the introduction of like to take this opportunity to thank cently introduced two bills to correct a the bill. Let me emphasize that the her for giving the country a stunning serious misallocation of our limited re- mere introduction of the bill has example of compassion and a valuable sources under the present law rules caused this reaction. lesson. Her philosophy of nonviolence that govern the issuance of tax-exempt It is flattering that the mere intro- echoes that of history’s most influen- bonds. My first bill, S. 1879, the Section duction of a bill is given such credence tial activists. ‘‘Beating someone won’t 501(c)(3) Nonprofit Organizations Tax- by the bond markets. It is important to change their mind * * * maybe what I Exempt Bond Reform Act of 1996, note, however, that at the time I intro- did might change somebody’s mind.’’ would increase funding for educational duced my bill to eliminate tax-exempt After the incident was over, one of and research facilities at private col- financing for professional sports facili- the first things that made Keshia leges and universities by removing the ties, 1,879 bills were on file in the Sen- Thomas feel like a hero was her 11- arbitrary and injurious $150 million cap ate and 3,659 bills were on file in the year-old brother telling her he was on the amount of tax-exempt bonds House in this Congress. The vast ma- proud of her. Mr. President, I think we that can be issued on their behalf. The jority of these bills have not and will all are. ∑ Senate has twice passed this measure not become law, including, in all likeli- f as part of larger legislation that was hood, S. 1879 and S. 1880. vetoed for unrelated reasons. The history of this Senator’s efforts TRIBUTE TO GIRL SCOUT GOLD My second bill, S. 1880, the Stop Tax- to remove the $150 million cap dem- AWARD RECIPIENTS exempt Arena Debt Issuance Act—or onstrates this lesson well. The cap was ∑ Mr. MCCONNELL. Mr. President, I ‘‘STADIA’’ for short—would provide a first imposed under the Tax Reform rise today to salute an outstanding particularly appropriate revenue offset Act of 1986, which President Reagan group of young women who have been for the first bill. This bill would end a signed into law on October 22, 1986. I honored with the Girl Scout Gold tax subsidy that inures largely to the first introduced legislation to repeal Award. The Gold Award is the highest benefit of wealthy sports franchise this cap in 1987. Since then, legislation achievement a Girl Scout can earn and owners, by eliminating tax-subsidized to remove the cap has been approved symbolizes outstanding accomplish- financing of professional sports facili- by the Finance Committee four times. ments in the areas of leadership, com- ties. This legislation is important in Twice the legislation was passed by munity service, career planning, and its own right, and would close a loop- Congress, and both times President personal development. The award can hole that ultimately injures State and Bush vetoed the bills containing this be earned by girls aged 14–17, or in local governments and other issuers of measure for other reasons. Today, the grades 9–12. tax exempt bonds, that provides an un- cap remains in law.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7206 CONGRESSIONAL RECORD — SENATE June 27, 1996 At all events, I have considered the Pelham, NH, as they celebrate their of PlumCreek’s Habitat Conservation circumstances of the localities that 250th birthday on July 5. The town Plan and Secretary Glickman will an- have contacted my office in response to residents have been busy planning a big nounce the administration’s commit- my earlier request. I am told that time birthday bash including a charter cere- ment to expedite the I–90 land ex- is of the essence with respect to several mony, birthday party, fireworks, the change. of these transactions. Accordingly, in town’s largest parade, a fireman’s mus- This HCP is the largest to be ap- an effort to respond expeditiously to ter and many other enjoyable events proved to date. It covers 170,000 acres of this need, I am inserting into the for the July 4 weekend. The activities land owned by PlumCreek in Washing- RECORD language for a binding con- are certain to bring the town together ton’s central Cascade Mountains. tract-type transition relief provision. for an historic 3-day celebration. Under the HCP, PlumCreek has agreed This modification represents my best In 1721, the first settlers came to to provide unprecedented habitat pro- effort to draw an equitable line to dis- Pelham. John Butler led a group of tections on an ecosystem wide basis. tinguish between those projects that families from Woburn, MA, who first The plan will protect wildlife habitat have progressed to a point where the came to the area. The Wymans, Jakes, in 23 watersheds covering over 418,000 bill should not cause a disruption, and Richardsons, and Hamblets were part acres of mixed public and private lands. those projects that should be subject to of the first group. Butler’s memory is Designed to complement the Presi- the bill if enacted. It is my intent that now honored by a monument on the dent’s forest plan, the HCP will main- this language be included, as if intro- town common. tain current levels of old growth and duced as part of the original bill, if and The town of Pelham was incor- ensure that all species will find ade- when the bill is adopted in committee porated on July 5, 1746. Then Governor quate habitat within the planning area. or in floor action. Further, I will be Benning Wentworth of the new royal It also emphasizes protection for certain to include this language when province signed the town charter on streamside habitat and other special reintroducing this legislation in the that day and named the town of areas, such as wetland and caves. The plan will benefit all species, not just 105th Congress. Pelham after Henry Pelham, who was Mr. President, I ask that this lan- the Prime Minister of England at the those currently listed under the Endan- gered Species Act. In exchange, guage be printed in the RECORD. time. Pelham had been a member of The material follows: the House of Commons since 1717, and PlumCreek will receive a long-term permit that will provide the company (b) EFFECTIVE DATE.— had been made Secretary of War in (1) IN GENERAL.—The amendments made by 1724. He succeeded Lord Wilmington as with regulatory certainty. Mr. President, one of the primary this section shall apply to bonds issued on or First Lord of the Treasury in 1721 and reasons Secretary Babbitt has taken a after June 14, 1996. became prime minister in 1743, serving (2) EXCEPTION FOR CONSTRUCTION, BINDING special interest in this plan—and why I 11 years. AGREEMENTS, OR APPROVED PROJECTS.—The support it—is that it demonstrates how One interesting note is that Pelham amendments made by this section shall not the Endangered Species Act can and was once a part of Massachusetts. In apply to bonds— does work on a large scale both to pro- (A) the proceeds of which are used for— 1741, when the boundary line was fi- tect species and allow companies to (i) the construction or rehabilitation of a nally settled between New Hampshire manage actively their forests. It sim- facility— and Massachusetts, Pelham became (I) if such construction or rehabilitation ply take a commitment by the govern- part of New Hampshire. Originally, the began before June 14, 1996, and was com- ment and by a private entity to work pleted on or after such date, or town was very agricultural and had together toward common, realistic (II) if a State or political subdivision many dairy farms. Since then most of goals and respect private rights. thereof has entered into a binding contract the farms have disappeared and only a I want also to acknowledge that before June 14, 1996, that requires the incur- few active farms exist today. some of the environmental groups who rence of significant expenditures for such One of Pelham’s wel-known residents construction or rehabilitation, and some of have reviewed this HCP find it unsatis- was the Reverend Augustus Barry who factory. I agree that this is not a per- such expenditures are incurred on or after was born in 1861. He was the minister of such date; or fect document. But the process has (ii) the acquisition of a facility pursuant to the First Congregational Church and worked and approval of this HCP dem- a binding contract entered into by a State or was very active in the schools until his onstrates that we need not dismantle political subdivision thereof before June 14, death in 1899. Today, the town has four the ESA in order to have reasonable 1996, and major churches—St. Patrick Church, management of private timber lands. (B) which are the subject of an official ac- Pelham Baptist Church, the New Eng- I want to emphasize that I believe it tion taken by relevant government officials land Pentecostal Ministries, and the is time to turn over a new leaf in re- before June 14, 1996— First Congregational Church. Pelham’s (i) approving the issuance of such bonds, or source conservation. We must acknowl- (ii) approving the submission of the ap- first library was built in 1896, and will edge that private landowners should be proval of such issuance to a voter ref- celebrate its 100th anniversary this held to a more flexible standard than erendum. year. public resource managers. We must (3) EXCEPTION FOR FINAL BOND RESOLU- Several of the events planned for the start to trust each other a little more TIONS.—The amendments made by this sec- weekend birthday celebration will take and believe that Federal land managers tion shall not apply to bonds the proceeds of place in the more historic areas of the and our private landowners can be, and which are used for the construction or reha- town. Friday evening’s charter cere- bilitation of a facility if a State or political generally are, good stewards of the subdivision thereof has adopted a final bond mony and birthday party will be held land. This HCP establishes a long-term resolution before June 14, 1996, authorizing on the grounds of the First Congrega- relationship that we should foster. the issuance of such bonds. For this purpose, tional Church, founded in 1751 just 5 Mr. President, PlumCreek and the a final bond resolution means that all nec- years after the town was founded. administration are also celebrating essary governmental approvals for the I congratulate the residents of their commitment to enter into serious issuance of such bonds have been completed. Pelham on 250 years of history. I wish large-scale land exchange negotiations. (4) SIGNIFICANT EXPENDITURES.—For pur- to extend my very best wishes for a fes- Under the land exchange agreement ac- poses of paragraph (2)(A)(i)(II), the term tive weekend of activities and contin- knowledged today, PlumCreek will re- ‘‘significant expenditures’’ means expendi- tures equal to or exceeding 10 percent of the ued prosperity. Happy Birthday frain from entering or harvesting tim- reasonably anticipated cost of the construc- Pelham.∑ ber for the next 2 years in some tion or rehabilitation of the facility in- f roadless areas on its land in order to volved.∑ encourage the Forest Service to expe- CONGRATULATIONS TO f dite land exchange negotiations. The PLUMCREEK TIMBER CO. lands at issue are those enmeshed in a TRIBUTE TO THE TOWN OF ∑ Mrs. MURRAY. Mr. President, I rise checkerboard ownership pattern PELHAM, NH, ON THEIR 250TH today to congratulate PlumCreek Tim- around Interstate 90 and the central ANNIVERSARY CELEBRATION ber Co., headquartered in Seattle, WA. Cascade Mountains. ∑ Mr. SMITH. Mr. President, I rise Today, Secretary Babbitt will an- The I–90 corridor is among the most today to pay tribute to the town of nounce the administration’s approval sensitive areas in the region for the

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7207 northern spotted owl, the marbled The ‘‘habitat conservation plan,’’ which For more than half my time in public murrelet, and the gray wolf, and may will be formally endorsed by the Clinton ad- life, and from my first day as a Member be a recovery area for other species. ministration this week, is the result of two of the House of Representatives, I have Despite the area’s biological impor- years of work by scientists and land man- been privileged and deeply honored to agers who studied 418,000 acres of public and tance, the checkboard pattern of own- private forest and 285 species of wildlife have work for me in my Fort Wayne re- ership is not conducive to coordinated ranging from salamanders to grizzly bear. gional office a woman named Kitty St. environmental protection. Their long-term plan moves beyond spe- George. Forrest and timber management of cies-by-species devices such as ‘‘owl circles,’’ Kitty is the beau ideal of public serv- these lands has also been difficult. Pub- which obstruct private landowners while pro- ice. She is committed. She is dedi- lic and private landowners are often in ducing dubious public benefits. Instead, sci- cated. She has worked many 7-day conflict because of their differing roles entists have crafted a plan that would pro- weeks. She is cheerful. She is and objectives. A large-scale land ex- tect wildlife habitat in some areas while al- unfailingly kind. lowing sensible timber harvests in others. change would reduce, if not eliminate, We have shared many laughs. We these conflicts. It would place valuable Already, that plan has been a target for criticism from environmentalists, who point have shared a few tears. And through it wildlife habitat under public manage- out that logging will be allowed in certain all, Kitty has been the Webster’s Dic- ment and block-up lands identified by spotted owl habitat. Critics prefer major tionary definition of a gentlelady. President Clinton as essential to the land exchanges, assembling large parcels of Would it were there were more public recovery of spotted owls. critical forest under public ownership, then servants of Kitty’s caliber. The PlumCreek lands to be traded shutting them down. As Senators, we are often placed on a also provide outstanding recreational Plum Creek and the government may nego- pedestal as opinion-makers and opin- opportunities for the growing Puget tiate such exchanges, but that could take ion-leaders. It can be a heady place to Sound metropolitan community. The years. Snoqualmie Pass is home to some of the most valuable timber in the nation, spend part of your life. lands poised for exchange are located But what makes it so meaningful, at just south of the Alpine Lakes Wilder- making exchanges difficult and costly. The status quo hasn’t worked. Since the least in large measure, is to be able to ness Area. The space these lands pro- turn of the century, timber managers have take away from your constituents, vide will relieve pressure on Alpine followed the same strategy—sustained yield, your colleagues, and your staff some Lakes where overuse might limit fu- which calls for cutting trees at the same glimpse of joy and contentment. ture access. And buffers obtained in the pace that they grow back. That strategy ig- From Kitty, I take away a deeper exchange will protect the wilderness nored wildlife habitat and led to overcutting sense of dedication, a renewed sense of and pressure scenic vistas. of both private and public forest lands. Nobody knows for sure what will work bet- hope, and perhaps most importantly, I pledge to work with PlumCreek and the ability to find the winsome in ev- the Forest Service as they try to find ter. Forest Service Chief Jack Ward Thomas wants to experiment with a variety of strate- eryday life. lands to exchange. This will be a dif- gies, monitoring the effects over decades to As Kitty prepares to move from Indi- ficult and controversial process. And I come. ana to the warmer climes of the South, must admit to having concerns about The opportunity to try something new ex- I wish her much love and Godspeed.∑ one part of the State gaining superb plains why the Snoqualmie Pass plan has f lands, while others are asked to sac- earned support from key forestry experts and rifice their nearby public lands. I am selected environmentalists as well as Inte- RETIREMENT OF VIVIAN E. also sensitive to the concerns of Na- rior Secretary Bruce Babbit and the timber CHURCH tional Forest dependent timber pro- industry itself. They see a potential model ∑ for resolving resource conflicts without turn- Ms. MOSELEY-BRAUN. Mr. Presi- ducers who fear that they will lose ing biological questions over to federal dent, I rise today to honor Ms. Vivian their dwindling land base to judges. The breadth of their coalition does E. Church upon her retirement as di- PlumCreek, while not receiving lands not prove the habitat strategy will work, rector of the Joyner Child Parent Cen- suitable for timber harvest. Finally, I only that it’s well worth a try.∑ ter. In her 38 years working in the pub- acknowledge the fear that Kittitas f lic school system she taught genera- County officials have about losing pri- tions of children about learning and vate, taxable lands in exchange for IN APPRECIATION OF KITTY ST. life. For 1 of those 38 years, she taught more Federal lands. GEORGE me. I am here today to thank and Nevertheless, I strongly support this ∑ Mr. COATS. Mr. President, ours is honor her for that and for all she has joint Federal-private effort. I look for- too often a cynical age. When we hear done. ward to working both with PlumCreek the phrase ‘‘public servant’’ we have Ms. Church is a native Chicagoan. and the Forest Service to facilitate come to think of cartoon characters, She attended Chicago public schools, this exchange based on a principal of much like those depicted 100 years ago: received her bachelors degree in Ele- equity of all interested parties. Overblown figures in dark suits wear- mentary Education at Roosevelt Col- Again, Mr. President, I offer my ing top hats, spats, and smoking ci- lege, and her masters in education de- heartfelt congratulates to PlumCreek gars. These were people on the take gree in inner-city studies from North- Timber Co. and the Clinton administra- and on the make; serving the public eastern Illinois University. tion for the great strides they have was far from their minds. Her work in the public school system made for environmental protection and While the scourge of widespread cyni- spanned many years and many posi- economic stability. cism is unfortunately alive and well in tions. She has been a teacher, master I ask to include this June 25 editorial our Nation, so too is countervailing teacher, assistant principal, title I con- from the Seattle Times in the RECORD. spirit of truly tireless public service. sultant, parent resource teacher, and The editorial follows: That is good news, very good news, in- since 1988 the head teacher and director [From the Seattle Times, June 25, 1996] deed. at the Joyner Child Parent Center. A SENSIBLE FOREST PLAN FOR SNOQUALMIE As U.S. Senators, our first duty is to Vivian Church touched the lives of PASS the people: To represent their inter- the children that she has taught and For most of a century, Snoqualmie Pass ests, to listen to their opinions, to do has been both a spectacular gateway to guided in her schools. She touched the Puget Sound and an environmental battle- what is in the best interest of our lives of many other children through ground. Its proud stands of Douglas fir, cedar country and our States by taking into her book, ‘‘Colors Around Me,’’ which and pine have been scattered in a checker- consideration what our constituents she wrote for kindergarten and first- board pattern of ownership, crisscrossed by believe. Service, truly dedicated public grade children. This book helps minor- railroads and highways, battered by ski service, is our mission and our call. ity children to develop a positive self- areas and some of the ugliest clear-cuts the To meet that goal, we must have image, to develop reading as a personal region has seen. around us people of like mind, people experience. Now, Plum Creek Timber and the federal government, who own most of the land in the who are unapologetically committed to She is clearly an impressive woman pass, have crafted a landmark land-use plan high ideals, people who are principled, and she should be honored for taking that promises to integrate environmental and who have a sense of moral imagi- on the most important and, in many and economic common sense. nation. ways, the hardest job there is, being a

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7208 CONGRESSIONAL RECORD — SENATE June 27, 1996 teacher. For me personally, I will al- acceptable to President Clinton. Unfor- with disabilities under the age of 65, as ways remember her not just as a teach- tunately, the same cannot be said for defined under current law. Under this er, but as a wonderful, warm hero. the budget resolution which was ulti- bill, States would have the option of I started school a year early. When I mately approved by the Congress. In- setting their own standards, which I was in the first grade I was smaller stead, this is like deja vu all over fear would result in the loss of basic than the rest of the children. One day, again. We will go through the motions, health care services for this vulnerable when we were playing out on the play- as we did last year, of sending the population. I intend to offer an amend- ground the other children wouldn’t President much needed deficit reduc- ment to correct this deficiency when S. throw the ball to me or would throw it tion legislation he is all but certain to 1795 comes before the Senate. over my head. veto. With respect to the welfare provi- Ms. Church looked out the window Frankly, our time could have been sions, I was pleased several of my pro- and saw me crying. She came outside, better spend working on a bipartisan posed improvements were incorporated brought me inside, and sat me on her basis to develop a consensus package into the revised version of S. 1795 lap until my tears dried. She then which could have become law, and ac- which the chairman brought before the thought up things for me to do with tually helped to reduce the deficit. In committee. her for the rest of recess. Throughout my opinion, we can only enact mean- I have long been a proponent of a the year I spent a lot of time working ingful entitlement reforms—which are strong Federal-State partnership with with Ms. Church at recess and I en- the root cause of our deficit problem— respect to welfare. For this reason, I joyed myself immensely. Vivian through bipartisan cooperation. That pressed to have the maintenance of ef- Church went out of her way for me. was what the Chafee-Breaux alter- fort requirement in S. 1795 strength- She not only taught me, she made native was all about. ened from 75 to 80 percent, and to pre- school fun for me. Given the critical need to get this in- vent States from counting expendi- After I left first grade I didn’t see Ms. tolerable Federal deficit under control, tures they make which are not directly Church again for many years. Then one I find the present situation frustrating related to supporting poor families and day, when I was running for the State and disappointing. their children. The States must main- legislature for the first time, I went to On a related matter, I want to com- tain their investment in these pro- a fundraising tea. Now, Ms. Church mend our Republican leaders for their grams if we are to achieve genuine wel- wasn’t a political activist and I never decision not to include cuts in this fare reform. expect to see her at a campaign event. Medicaid-welfare package. To do so On a related matter, I proposed, and Not only was she at the fundraising would have been counterproductive. I the chairman accepted, a provision to tea, she held the tea in her house. She would prefer to see us concentrate our ensure that the block grant funds are remembered that I was her first grade firepower on deficit reduction before used only to meet the objectives of this pupil and she was still trying to we start cutting taxes. legislation, and not for general social smooth the way for me all these years With respect to the Finance Commit- services. later. tee’s action yesterday, I want to offer Last, I was very pleased that the I am honoring Ms. Church on the several observations. Though I voted to chairman agreed with my request to floor of the U.S. Senate today as my report S. 1795, it is widely acknowl- retain current law with regard to child way of thanking her for all she has edged that this legislation is headed for welfare and foster care, and to drop his done for me and for the generations of a Presidential veto. proposal to block grant these pro- children that followed. She is a hero, However, I want to commend our dis- grams. These are not welfare programs, an inspiration, and role model. Thank tinguished chairman, BILL ROTH, for and have no place in welfare reform. you, Ms. Church.∑ accommodating a number of the im- With respect to the issue of abortion f provements I recommended with re- services, I was disappointed the com- spect to the Medicaid and welfare sec- mittee rejected my amendment to con- WELFARE–MEDICAID REFORM tions of the legislations. tinue current law, which requires LEGISLATION On Medicaid, the initial version of S. States to cover abortions for poor preg- ∑ Mr. CHAFEE. Mr. President, in dis- 1795 would have allowed States to cut nant women in cases of rape, incest, or charging its responsibilities under the off children 13 or older—a significant where the life of the mother is at 1997 budget resolution, yesterday the departure from current law. Under cur- stake. Finance Committee reported S. 1795, as rent law States must cover children at S. 1795 would leave this decision to amended. This legislation proposes or below 100 percent of poverty through the States. Regrettably, this means, major reforms to Medicaid and welfare- the age of twelve, with an additional for example, that a poor 13-year-old related programs to give States addi- year’s coverage added each year until girl who is pregnant as a result of tional flexibility, and to reduce associ- such children reach the age of 19. At being raped by her father, may not be ated Federal expenditures by $98 billion my urging the chairman agreed to able to obtain an abortion. I intend to through 2002. maintain current law in this area. pursue this matter further when S. 1795 Under the terms of the budget resolu- I was also pleased the chairman re- comes before the Senate. tion, this is the first of three legisla- tained current law coverage of benefits I remain deeply troubled about the tive packages the Finance Committee for children under the early periodic immigrant provisions of the com- will consider. Next month, the com- screening, diagnosis, and treatment re- mittee-reported bill. The restrictions mittee will act on legislation to shore quirements. This will assure that se- on benefits for legal immigrants in this up the troubled Medicare program. Fol- verely disabled children continue to measure are harsher than those that lowing that, a third bill will be consid- get medically necessary treatment. were included in the welfare reform bill ered in September that will deal with Another concern of mine which the overwhelmingly approved this past other Federal entitlement programs. chairman addressed was the lack of September by the Senate. I would like to make a general com- health and quality standards for indi- It had been my intention to offer an ment about the budget process this viduals with developmental disabilities amendment in committee to soften the year, and then proceed with specified who reside in intermediate care facili- impact of these proposed restrictions. points about the Finance Committee- ties for the mentally retarded [ICF’s/ However, once it became clear that no reported bill. MR], as well as those who reside in extra funds were available to defray Last month the Senate rejected by community-based settings. The chair- the cost of my amendment, I was un- only four votes an alternative budget man agreed to include standards in his able to proceed. I remain hopeful that resolution authored by myself and Sen- proposal to ensure the safety and qual- we can work to modify these very ator BREAUX. That bipartisan plan ity of care provided to these individ- tough restrictions as the process moves would have put us on a constructive, uals. forward. achievable path to a balanced budget. My biggest remaining concern in the In closing, while I continue to have At the end of the day, I think the Medicaid area is that S. 1795 does not significant concerns about this legisla- Chafee-Breaux plan would have been guarantee coverage for individuals tion, I am pleased that Chairman ROTH

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7209 was receptive to addressing a number 104–24, commonly known as the Strad- Mr. MCCAIN. I ask for a division vote of my concerns in the revised version dling Fish Stocks Agreement. I strong- on the resolutions of ratification. of S. 1795 he brought before the com- ly urge my colleagues to support Sen- The PRESIDING OFFICER. Without mittee. ate advice and consent to ratification. objection, it is so ordered. I am very hopeful that these im- The need for this Agreement—and in- All those in favor of ratification provements will be retained, and that deed other appropriate measures to please stand and be counted. (After a additional improvements can be made protect fisheries—has become increas- pause.) All those opposed to ratifica- on the Senate floor and in conference.∑ ingly evident in the past years. World tion be stand and be counted. f fish production, both marine and aqua- On a division, two-thirds of the Sen- culture, peaked in 1989 at roughly 100 ators present having voted in the af- EXECUTIVE SESSION million tons. Since then, marine firmative, the resolutions of ratifica- catches have declined significantly due tion are agreed to. to over-exploitation. By 1992, the world TREATIES The resolutions of ratification agreed marine catch had declined to 86 million to are as follows: Mr. MCCAIN. I ask unanimous con- tons and by 1994 to 72.3 million tons. sent the Senate proceed to executive The Food and Agriculture Organization f session to consider the following trea- estimates that 70 percent of the world’s RESOLUTIONS OF RATIFICATION ties on today’s executive calendar, No. marine fish stocks are fully to heavily TREATY BETWEEN THE UNITED STATES OF 13 through No. 22. exploited, over-exploited, depleted, or AMERICA AND JAMAICA CONCERNING THE RE- Thereupon, the Senate proceeded to slowly recovering. CIPROCAL ENCOURAGEMENT AND PROTECTION consider the following treaties: Against this backdrop, the Strad- OF INVESTMENT, WITH ANNEX AND PROTOCOL Treaty Document No. 103–35, treaty Be- dling Stocks Agreement will signifi- Resolved, (two-thirds of the Senators present tween the United States of America and Ja- cantly advance U.S. interests. In effect, concurring therein), that the Senate advise maica Concerning the Reciprocal Encourage- it confirms the U.S. approach to fish- and consent to the ratification of The Treaty ment and Protection of Investment, with eries management and reflects the ac- Between the United States of America and Annex and Protocol; ceptance by other nations of that ap- Jamaica Concerning the Reciprocal Encour- Treaty Document No. 103–36, treaty Be- proach. The agreement does not re- agement and Protection of Investment, with tween the United States of America and the quire any changes to U.S. fishery laws Annex and Protocol, signed at Washington Republic of Belarus Concerning the Encour- on February 4, 1994 (Treaty Doc. 103–35). agement and Reciprocal Protection of In- or institutions. The Magnuson Fishery Conservation and Management Act as vestment with Annex, Protocol, and Related TREATY BETWEEN THE UNITED STATES OF well as other acts, provide the nec- Exchange of Letters; AMERICA AND THE REPUBLIC OF BELARUS CON- Treaty Document No. 103–37, treaty Be- essary legislative authority for the CERNING THE ENCOURAGEMENT AND RECIP- tween the United States of America and United States to carry out its obliga- ROCAL PROTECTION OF INVESTMENT, WITH Ukraine Concerning the Encouragement and tions under the agreement. ANNEX, PROTOCOL, AND RELATED EXCHANGE Reciprocal Protection of Investment, with It is very important to note that the OF LETTERS Annex, and Related Exchange of Letters; Straddling Stocks Agreement is tight- Resolved, (two-thirds of the Senators present Treaty Document No. 103–38 treaty Be- ly linked, both legally and practically, concurring therein), That the Senate advise tween and Government of the United States to the U.N. Convention on the Law of and consent to the ratification of The Treaty of America and the Government of the Re- Between the United States of America and public of Estonia Concerning the Encourage- the Sea, which has for nearly 2 years the Republic of Belarus Concerning the En- ment and Reciprocal Protection of Invest- been pending before the Foreign Rela- couragement and Reciprocal Protection of ment with Annex; tions Committee. The United States Investment, with Annex, Protocol, and Re- Treaty Document No. 104–10, treaty Be- ability to pursue its objectives under lated Exchange of Letters, signed at Minsk tween the United States of America and the agreement will be maximized only on January 15, 1994 (Treaty Doc. 103–36). The Mongolia Concerning the Encouragement if we in the Senate move ahead to Senate’s advice and consent is subject to the and Reciprocal Protection of Investment, grant advice and consent to ratifica- following declaration, which the President, with Annex and Protocol; tion of the Law of the Sea Convention. using existing authority, shall communicate Treaty Document No. 104–12, Treaty Be- Over the past 2 years I have repeat- to the Republic of Belarus, in connection tween the Government of the United States edly addressed the Senate to highlight with the exchange of the instruments of rati- of America and the Government of the Re- fication of the Treaty: public of Latvia Concerning the Encourage- the ways in which the Law of the Sea (1) It is the Sense of the Senate that the ment and Reciprocal Protection of Invest- Convention has been improved, and United States: ment, with Annex and Protocol; now meets our fisheries interests, our (a) supports the Belarusian Parliament and Treaty Document No. 104–13, Treaty Be- national security interests, and our its essential role in the ratification process tween the Government of the United States economic interests. I hope that all my of this Treaty; of America and the Government of the Re- colleagues who have shown such an in- (b) recognizes the progress made by the public of Georgia Concerning the Encourage- terest in the Straddling Stocks Agree- Belarusian Parliament toward democracy ment and Reciprocal Protection of Invest- ment will join me in my efforts to see during the past year; ment, with Annex; the convention ratified promptly. (c) fully expects that the Republic of Treaty Document No. 104–14, Treaty Be- Belarus will remain an independent state tween the Government of the United States Mr. MCCAIN. I further ask unani- committed to democratic and economic re- of America and the Government of the Re- mous consent that the treaties be con- form; and public of Trinidad and Tobago Concerning sidered as having passed through their (d) believes that, in the event that the Re- the Encouragement and Reciprocal Protec- various parliamentary stages up to and public Belarus should unite with any other tion of Investment, with Annex and Pro- including the presentation of the reso- state, the rights and obligations established tocol; lutions of ratification, that all com- under this agreement will remain binding on Treaty Document No. 104–19, Treaty Be- mittee provisos, reservations, under- that part of the Successor State that formed tween the Government of the United States standings, et cetera, be considered the Republic of Belarus prior to the union. of America and the Government of the Re- agreed to; that any statements be public of Albania Concerning the Encourage- TREATY BETWEEN THE UNITED STATES OF ment and Reciprocal Protection of Invest- printed in the CONGRESSIONAL RECORD AMERICA AND UKRAINE CONCERNING THE EN- ment, with Annex and Protocol; and as if read; and that the Senate take one COURAGEMENT AND RECIPROCAL PROTECTION Treaty Document No. 104–24, Agreement vote on the resolutions of ratification OF INVESTMENT, WITH ANNEX, AND RELATED for the Implementation of the United Na- to be considered as separate votes; EXCHANGE OF LETTERS tions Convention of the Law of the Sea of 10 Further, that when the resolutions of December 1982 Relating to Fish Stocks. ratifications are voted upon, the mo- Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise STATEMENT ON THE AGREEMENT FOR THE IM- tion to reconsider be laid upon the and consent to the ratification of The Treaty PLEMENTATION OF THE UNITED NATIONS CON- table, that the President be notified of Between the United States of America and VENTION ON THE LAW OF THE SEA OF 10 DE- the Senate’s action, that following dis- Ukraine Concerning the Encouragement and CEMBER 1982 RELATING TO FISH STOCKS position of the treaties the Senate re- Reciprocal Protection of Investment, with Mr. PELL. Madam President, I am turn to legislative session. Annex and Related Exchange of Letters, very pleased that the Senate is pro- The PRESIDING OFFICER. Without done at Washington on March 4, 1994 (Treaty ceeding to consider Treaty Document objection, it is so ordered. Doc. 103–37).

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TREATY BETWEEN AND GOVERNMENT OF THE and consent to the ratification of The Treaty A resolution (S. Res. 273) condemning ter- UNITED STATES OF AMERICA AND THE GOV- Between the Government of the United ror attacks in Saudi Arabia. ERNMENT OF THE REPUBLIC OF ESTONIA CON- States of America and the Government of CERNING THE ENCOURAGEMENT AND RECIP- the Republic of Albania Concerning the En- The PRESIDING OFFICER. Is there ROCAL PROTECTION OF INVESTMENT, WITH couragement and Reciprocal Protection of objection to the immediate consider- ANNEX Investment, with Annex and Protocol, signed ation of the resolution? Resolved, (two-thirds of the Senators present at Washington on January 11, 1995 (Treaty There being no objection, the Senate concurring therein), That the Senate advise Doc. 104–19). proceeded to consider the resolution. and consent to the ratification of The Treaty Between the Government of the United AGREEMENT FOR THE IMPLEMENTATION OF THE Mr. DASCHLE. Madam President, States of America and the Government of UNITED NATIONS CONVENTION OF THE LAW OF two days ago a truck bomb exploded the Republic of Estonia Concerning the En- THE SEA OF 10 DECEMBER 1982 RELATING TO near a U.S. military housing complex couragement and Reciprocal Protection of FISH STOCKS outside of Dhahran, Saudi Arabia. Investment, with Annex, done at Washington Resolved, (two-thirds of the Senators present Nineteen Americans were killed and 64 on April 19, 1994 (Treaty Doc. 103–38). concurring therein), That the Senate advise were seriously injured in a devastating and consent to the ratification of The Agree- blast that left a crater some 35 feet THE TREATY BETWEEN AND THE UNITED STATES ment for the Implementation of the Provi- OF AMERICA AND MONGOLIA CONCERNING THE sions of the United Nations Convention on deep and over 80 feet across. ENCOURAGEMENT AND RECIPROCAL PROTEC- the Law of the Sea of 10 December 1982 Re- I want to express my deepest sym- TION OF INVESTMENT, WITH ANNEX AND PRO- lating to the Conservation and Management pathies to those who lost loved ones in TOCOL of Straddling Fish Stocks and Highly Migra- the attack and my best wishes for a Resolved, (two-thirds of the Senators present tory Fish Stocks, with Annexes (‘‘The Agree- concurring therein), That the Senate advise quick and complete recovery to those ment’’), which was adopted at United Na- who were injured. I know I speak for and consent to the ratification of The Treaty tions Headquarters in New York by Con- Between the United States of America and sensus of the United Nations Conference on the entire Senate when I say that all of Mongolia Concerning the Encouragement Straddling Fish Stocks and Highly Migra- you are in our thoughts and prayers. and Reciprocal Protection of Investment, tory Fish Stocks on August 4, 1995, and The truck bombing in Dhahran un- with Annex and Protocol, signed at Wash- signed by the United States on December 4, ington on October 6, 1994 (Treaty Doc. 104– derscores the fact that U.S. 1995 (Treaty Doc. 104–24), subject to the fol- servicemembers often perform their 10). lowing declaration: It is the Sense of the Senate that ‘‘no res- missions at great personal risk. Like THE TREATY BETWEEN AND GOVERNMENT OF ervations’’ provisions as contained in Article those U.S. servicemembers who lost THE UNITED STATES OF AMERICA AND THE 42 have the effect of inhibiting the Senate their lives in the Persian Gulf war and GOVERNMENT OF THE REPUBLIC OF LATVIA from exercising its constitutional duty to the 241 Marines who were killed in a CONCERNING THE ENCOURAGEMENT AND RE- give advice and consent to a treaty, and the CIPROCAL PROTECTION OF INVESTMENT, WITH suicide bombing in Lebanon in 1983, the Senate’s approval of this treaty should not ANNEX AND PROTOCOL members of the Air Force’s 4404th Air be construed as a precedent for acquiescence Wing sacrificed their lives to protect Resolved, (two-thirds of the Senators present to future treaties containing such a provi- concurring therein), That the Senate advise our vital national interests. We should sion. and consent to the ratification of The Treaty pause for a moment to reflect on the Between the Government of the United f commitment, dedication, and sacrifice States of America and the Government of LEGISLATIVE SESSION of all the men and women who have the Republic of Lativia Concerning the En- served—and those who continue to couragement and Reciprocal Protection of The PRESIDING OFFICER. Under Investment, with Annex and Protocol, signed the previous order, the Senate will re- serve—in our nation’s military. at Washington on January 13, 1995 (Treaty sume legislative session. The Air Force’s 4404th Air Wing has Doc. 104–12). f done a remarkable job in keeping Iraq in check and enforcing the no-fly zone THE TREATY BETWEEN THE GOVERNMENT OF AMENDING THE FOREIGN THE UNITED STATES OF AMERICA AND THE ASSISTANCE ACT OF 1961 over Southern Iraq. Air Force per- GOVERNMENT OF THE REPUBLIC OF GEORGIA Mr. McCAIN. Madam President, I ask sonnel—in conjunction with United CONCERNING THE ENCOURAGEMENT AND RE- unanimous consent that the Senate States Army troops and military per- CIPROCAL PROTECTION OF INVESTMENT, WITH proceed to the immediate consider- sonnel from Britain, France and Saudi ANNEX ation of Calendar No. 467, H.R. 3121. Arabia —have played an important role Resolved, (two-thirds of the Senators present The PRESIDING OFFICER. The in preventing war from returning to concurring therein), That the Senate advise the Persian Gulf. and consent to the ratification of The Treaty clerk will report. Between the Government of the United The assistant legislative clerk read Unfortunately, some terrorists object States of America and the Government of as follows: to our presence in Saudi Arabia and the Republic of Georgia Concerning the En- A bill (H.R. 3121) to amend the Foreign As- our commitment to protect vital couragement and Reciprocal Protection of sistance Act of 1961, and for other purposes. United States interests in the Persian Investment, with Annex, signed at Wash- Mr. McCAIN. I ask unanimous con- Gulf. In November of last year, a car ington on March 7, 1994 (Treaty Doc. 104–13). sent the committee amendments be bomb destroyed a building in Riyadh, THE TREATY BETWEEN THE GOVERNMENT OF agreed to, the bill be deemed read a killing five Americans and two Indians. THE UNITED STATES OF AMERICA AND THE third time, passed, the motion to re- Those responsible for that earlier GOVERNMENT OF THE REPUBLIC OF TRINIDAD consider be laid upon the table, and bombing were apprehended and re- AND TOBAGO CONCERNING THE ENCOURAGE- any statements relating to the bill be cently punished. MENT AND RECIPROCAL PROTECTION OF IN- placed at the appropriate place in the As the intense investigation con- VESTMENT, WITH ANNEX AND PROTOCOL RECORD. tinues into the truck bombing, we may Resolved, (two-thirds of the Senators present The PRESIDING OFFICER. Without concurring therein), That the Senate advise learn that the terrorist attack in and consent to the ratification of The Treaty objection, it is so ordered. Dhahran occurred in retaliation for Between the Government of the United The bill (H.R. 3121) was deemed read those executions and continued United States of America and the Government of three times and passed. States presence in Saudi Arabia. The the Republic of Trinidad and Tobago Con- f identities of the terrorists are still un- cerning the Encouragement and Reciprocal CONDEMNING TERROR ATTACKS known, and the motives for the attack Protection of Investment, with Annex and IN SAUDI ARABIA are still unclear. It is certain, however, Protocol, signed at Washington on Sep- tember 26, 1994 (Treaty Doc. 104–14). Mr. McCAIN. I ask unanimous con- that the attack will not deter the sent the Senate proceed to the imme- United States from maintaining our al- THE TREATY BETWEEN THE GOVERNMENT OF diate consideration of a Senate resolu- liance with Saudi Arabia, our commit- THE UNITED STATES OF AMERICA AND THE ment to contain Iraq’s aggression, or GOVERNMENT OF THE REPUBLIC OF ALBANIA tion submitted earlier today by Sen- ators HELMS and PELL. our effort to preserve the peace in this CONCERNING THE ENCOURAGEMENT AND RE- troubled region. CIPROCAL PROTECTION OF INVESTMENT, WITH The PRESIDING OFFICER. The ANNEX AND PROTOCOL clerk will report. It should be equally clear that those Resolved, (two-thirds of the Senators present The assistant legislative clerk read who carried out the attack in Dhahran concurring therein), That the Senate advise as follows: must be arrested, charged and punished

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7211 for their cowardly act. We simply can- tion appear at this point in the proceed to the immediate consider- not and will not allow terrorism RECORD. ation of calendar No. 461, H.R. 2679. against Americans to go unchecked. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Whether it occurs in Oklahoma City or objection, it is so ordered. clerk will report. Dhahran, terrorist acts against U.S. The resolution (S. Res. 273) was The assistant legislative clerk read citizens will not be tolerated. As Presi- agreed to. as follows: dent Clinton said, ‘‘America takes care The preamble was agreed to. A bill (H.R. 2679) to revise the boundary of of our own. Those who did it must not The resolution, with its preamble, the North Platte National Wildlife Refuge. go unpunished.’’ reads as follows: The PRESIDING OFFICER. Is there President Clinton has rightfully dis- S. RES. 273 objection to the immediate consider- patched more than 40 FBI agents and a Whereas on June 25, 1996, a massive truck ation of the bill? number of U.S. intelligence officials to bomb exploded at the King Abdul Aziz Air There being no objection, the Senate help the Saudi government investigate Base near Dhahran, in the Kingdom of Saudi Arabia; proceeded to consider the bill. the matter. In addition, the fight Whereas this horrific attack killed at least AMENDMENT NO. 4385 against terrorism is the President’s top nineteen Americans and injured at least (Purpose: To provide a complete substitute) priority at the G–7 summit in Lyon, three hundred more; Mr. MCCAIN. Madam President, I un- France. Whereas the bombing also resulted in 147 Saudi casualties; derstand there is a substitute amend- Moreover, Secretary of State Warren ment at the desk offered by Senator Christopher recently arrived in Whereas the apparent target of the attack CHAFEE, and I ask for its immediate Dhahran to visit the bomb site and was an apartment building housing United States service personnel; consideration. U.S. servicemembers stationed in Whereas on November 13, 1995, a terror at- The PRESIDING OFFICER. The Saudi Arabia. tack in Saudi Arabia, also directed against clerk will report. Madam President, the distinguished U.S. personnel, killed five Americans, and The assistant legislative clerk read Majority Leader, Senator HELMS, Sen- two others; as follows: ator PELL and I have submitted a reso- Whereas individuals with ties to Islamic lution condemning the terrorist attack extremist organizations were tried, found The Senator from Arizona [Mr. MCCAIN], for Mr. CHAFEE, proposes an amendment in Saudi Arabia. It expresses heartfelt guilty and executed for having participated in the November 13 attack; numbered 4385. condolences to the families and loved Whereas United States Armed Forces per- Mr. MCCAIN. Madam President, I ask ones of those who were killed or sonnel are deployed in Saudi Arabia to pro- unanimous consent that the reading of wounded in Dhahran. In addition, it ex- tect the peace and freedom secured in Oper- the amendment be dispensed with. presses the Sense of the Senate that ations Desert Shield and Desert Storm; The PRESIDING OFFICER. Without the United States Government should Whereas the relationship between the objection, it is so ordered. devote all resources necessary to ap- United States and the Kingdom of Saudi The amendment is as follows: prehend and punish those responsible Arabia has been built with bipartisan sup- port and has served the interest of both for the despicable bombing in Saudi Strike all after the enacting clause and in- countries over the last five decades and; sert the following: Arabia. It also states that this ter- Whereas this terrorist outrage underscores rorist act will not affect U.S. deter- TITLE I—NORTH PLATTE NATIONAL the need for a strong and ready military able WILDLIFE REFUGE mination to protect our vital national to defend American interests. Resolved, That the Senate— SEC. 101. REVISION OF BOUNDARY OF NORTH security interests in the Persian Gulf. PLATTE NATIONAL WILDLIFE REF- This resolution is supported by the (1) condemns in the strongest terms the at- tacks of June 25, 1996, and November 13, 1995 UGE. administration and the distinguished in Saudi Arabia; (a) TERMINATION OF JURISDICTION.—The sec- Majority Leader, as well as the Chair- (2) extends condolences and sympathy to ondary jurisdiction of the United States Fish man and the ranking member of the the families of all those United States serv- and Wildlife Service over approximately 2,470 Foreign Relations Committee. The ice personnel killed and wounded, and to the acres of land at the North Platte National Senate should show its unanimous sup- Government and people of the Kingdom of Wildlife Refuge in the State of Nebraska, as port for it. Saudi Arabia; depicted on a map entitled ‘‘Relinquishment (3) honors the United States military per- of North Platte National Wildlife Refuge Mr. MOYNIHAN. Mr. President, I rise Secondary Jurisdiction’’, dated August 1995, this evening in strong support of the sonnel killed and wounded for their sacrifice in service to the nation; and available for inspection at appropriate resolution submitted by my distin- (4) expresses its gratitude to the Govern- offices of the United States Fish and Wildlife guished colleagues, the chairman and ment and the people of the Kingdom of Saudi Service, is terminated. the ranking member of the Foreign Re- Arabia for their heroic rescue efforts at the (b) REVOCATION OF EXECUTIVE ORDER.—Ex- lations Committee, Senators HELMS scene of the attack and their determination ecutive Order Number 2446, dated August 21, and PELL. It is most appropriate that to find and punish those responsible for this 1916, is revoked with respect to the land de- the United States Senate adopt a reso- outrage; scribed in subsection (a). (5) reaffirms its steadfast support for the lution expressing our outrage at the re- TITLE II—PETTAQUAMSCUTT COVE Government of the Kingdom of Saudi Arabia NATIONAL WILDLIFE REFUGE cent terrorist bombing in Saudi Ara- and for continuing good relations between SEC. 201. EXPANSION OF PETTAQUAMSCUTT bia. the United States and Saudi Arabia; I note, sir, that among the 19 Ameri- COVE NATIONAL WILDLIFE REFUGE. (6) determines that such terror attacks Section 204 of Public Law 100–610 (16 U.S.C. cans slain in the attack was Air Force present a clear threat to United States inter- 668dd note) is amended by adding at the end Capt. Christopher J. Adams of ests in the Persian Gulf; the following: (7) calls upon the United States Govern- Massapequa Park, NY. I know that all ‘‘(e) EXPANSION OF REFUGE.— ment to continue to assist the Government Senators join me in offering solace to ‘‘(1) ACQUISITION.—The Secretary may ac- of Saudi Arabia in its efforts to identify quire for addition to the refuge the area in his family, and to the families of the those responsible for this contemptible at- Rhode Island known as ‘Foddering Farm other victims. tack; Acres’, consisting of approximately 100 acres, The United States and the commu- (8) urges the United States Government to adjacent to Long Cove and bordering on nity of civilized nations must never use all reasonable means available to the Foddering Farm Road to the south and Point Government of the United States to punish relax our efforts to bring the perpetra- Judith Road to the east, as depicted on a the parties responsible for this cowardly tors of this cowardly act to justice. Our map entitled ‘Pettaquamscutt Cove NWR Ex- commitment to the rule of law requires bombing and; (9) reaffirms its commitment to provide all pansion Area’, dated May 13, 1996, and avail- no less. necessary support for the men and women of able for inspection in appropriate offices of I thank the Chair and I ask that I be our Armed Forces who volunteer to stand in the United States Fish and Wildlife Service. included as a cosponsor of the resolu- harm’s way. ‘‘(2) BOUNDARY REVISION.—The boundaries of the refuge are revised to include the area tion. f Mr. McCAIN. I ask unanimous con- described in paragraph (1). ‘‘(f) FUTURE EXPANSION.— sent the resolution be agreed to, the NORTH PLATTE NATIONAL WILDLIFE REFUGE ‘‘(1) IN GENERAL.—The Secretary may ac- preamble be agreed to, the motion to quire for addition to the refuge such lands, reconsider be laid upon the table, and Mr. MCCAIN. Madam President, I ask waters, and interests in land and water as any statements relating to the resolu- unanimous consent that the Senate the Secretary considers appropriate and

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7212 CONGRESSIONAL RECORD — SENATE June 27, 1996 shall adjust the boundaries of the refuge ac- tion, the National Wildlife Refuge Sys- ment Promotion Act of 1996, I will keep cordingly. tem gains valuable habitat at a bargain my remarks brief and to the point. ‘‘(2) APPLICABLE LAWS.—Any acquisition price. S. 1815 is a balanced, bipartisan bill described in paragraph (1) shall be carried In order to assist the Rotellis and that will benefit the market and the out in accordance with all applicable laws.’’. ward off threats of development to investors in the market—American SEC. 202. AUTHORIZATION OF APPROPRIATIONS. Foddering Farm Acres, it is imperative consumers. S. 1815 will make it easier Section 206(a) of Public Law 100–610 (16 to raise capital in the securities mar- U.S.C. 668dd note) is amended by striking that we move this bill as expeditiously ‘‘designated in section 4(a)(1)’’ and inserting as possible. To that end, I am offering ket. It will simplify and streamline ‘‘designated or identified under section 204’’. S. 1871, the Pettaquamscutt Cove Na- many areas of the securities laws that SEC. 203. TECHNICAL AMENDMENTS. tional Wildlife Refuge legislation, as haven’t been updated in years. S. 1815 Public Law 100–610 (16 U.S.C. 668dd note) is an amendment to H.R. 2679, the North will tighten up regulation by giving amended— Wildlife Refuge bill that was passed by the States and the Securities and Ex- (1) in section 201(1)— the House of Representatives on April change Commission distinctly separate (A) by striking ‘‘and the associated’’ and 23, 1996, and reported out of the Senate regulatory roles. inserting ‘‘including the associated’’; and Environment and Public Works Com- I thank my colleagues for their hard (B) by striking ‘‘and dividing’’ and insert- work and diligence on working to move ing ‘‘dividing’’; mittee on June 20, 1996. I would like to make clear that the attached this bill expeditiously through the Sen- (2) in section 203, by striking ‘‘of this Act’’ ate. I especially thank the chairman and inserting ‘‘of this title’’; Pettaquamscutt Cove provision is ex- (3) in section 204— actly the same as S. 1871, as amended, and ranking member of the Securities (A) in subsection (a)(1), by striking ‘‘of this a bill that was reported out of the Sen- Subcommittee, Senators GRAMM and Act’’ and inserting ‘‘of this title’’; and ate Environment and Public Works DODD as well as Senators BRYAN and (B) in subsection (b), by striking ‘‘purpose Committee on June 20, 1996. MOSELEY-BRAUN. This bill is truly a bi- of this Act’’ and inserting ‘‘purposes of this Once again, I am pleased that the partisan effort. They have shown out- title’’; Senate is considering the standing leadership and dedication to (4) in the second sentence of section 205, by this process. Senators GRAMM and striking ‘‘of this Act’’ and inserting ‘‘of this Pettaquamscutt Cove National Wildlife Refuge legislation. This bill will enable DODD, along with Senator SARBANES, title’’; and also have been indispensable to im- (5) in section 207, by striking ‘‘Act’’ and in- the U.S. Fish and Wildlife Service to proving the bill during consideration serting ‘‘title’’. continue their efforts to work with by the Banking Committee. Amend the title so as to read: ‘‘An Act to Rhode Island Islanders like the Rotellis revise the boundary of the North Platte Na- The year 1815 is memorable for the to protect the beautiful and important battle at Waterloo—but the bill S. 1815 tional Wildlife Refuge, to expand the natural resources along Rhode Island’s Pettaquamscutt Cove National Wildlife Ref- will be memorable as the watershed in uge, and for other purposes.’’. coast. improving our capital markets. The Mr. MCCAIN. Madam President, I ask Mr. CHAFEE. Madam President, I U.S. securities market is the pre-emi- unanimous consent that the amend- would like to take a few moments to nent market in the world. It has the ment be agreed to. express my delight on consideration of most capital and the most investors. The amendment (No. 4385) was agreed legislation to expand the Over 160 million Americans own to. Pettaquamscutt Cove National Wildlife stocks. Last year, the U.S. stock mar- Mr. MCCAIN. Madam President, I ask Refuge in Rhode Island. ket had $7.98 trillion in capital—close unanimous consent that the bill be The Pettaquamscutt Cove National to half the amount of capital in the en- deemed read the third time, passed, the Wildlife Refuge was established in 1988 tire world market. motion to reconsider be laid upon the to protect valuable coastal wetlands The legislation will make it easier to table and that any statements relating that have been identified as important raise capital in the securities market. to the bill be placed at the appropriate habitat for a diversity of species—in- The bill will create a new category of place in the RECORD. cluding the declining black duck popu- unregistered private investment com- The PRESIDING OFFICER. Without lation. The refuge is located between panies that will help venture capital- objection, it is so ordered. ists fulfill their critical role of pro- the towns of Narragansett and South The bill (H.R. 2679), as amended, was viding capital markets to fund new, Kingstown, RI. Currently, its boundary deemed read the third time and passed. start-up companies. S. 1815 will make encompasses 460 acres of salt marsh it easier for companies that invest in and surrounding forest habitat which is f small business to raise money—encour- home to various species of waterfowl, SECURITIES INVESTMENT aging more capital flow to small busi- wading birds, and shore birds and nu- PROMOTION ACT OF 1996 ness. merous small mammals, reptiles, and Mr. MCCAIN. Madam President, I ask S. 1815 recognizes that mutual funds amphibians. unanimous consent that the Senate have become a household commodity This legislation expands the proceed to the immediate consider- in the last several years, turning the Pettaquamscutt Cove National Wildlife ation of H.R. 3005, just received from mutual fund market into a national Refuge boundary to include a 100-acre the House. market. In fact, almost one-third of parcel known as Foddering Farms The PRESIDING OFFICER. The U.S. households, about 30 million Acres. It also allows the U.S. Fish and clerk will report. households, own more than $3 trillion Wildlife Service to expand the refuge The assistant legislative clerk read in mutual funds. Everyone seems to boundary to include other important as follows: agree that it no longer makes sense for habitat if and when suitable properties all 50 States to have a say in what goes become available in the future. A bill (H.R. 3005) to amend the Federal se- curities laws in order to promote efficiency into a mutual fund prospectus. Inclusion of the Foddering Farm and capital formation in financial markets, S. 1815 will eliminate the States’ role Acres property within the refuge pro- and to amend the Investment Company Act in reviewing mutual fund prospectuses, vides a wonderful example of coopera- of 1940 to promote more efficient manage- but the States will continue to play a tion between the U.S. Fish and Wildlife ment of mutual funds, protect investors, and critical role in policing fraud and ille- Service and private citizens. The 100- provide more effective and less burdensome gal conduct. S. 1815 will also make sure acre Foddering Farm property, owned regulation. investors and consumers are not con- by the Rotelli family, contains valu- The PRESIDING OFFICER. Is there fused about what’s in a mutual fund by able wetland habitat for waterfowl and objection to the immediate consider- giving the SEC authority to set stand- other species. The Rotellis have indi- ation of the bill? ards on mutual fund names. cated their willingness to donate a por- There being no objection, the Senate The legislation dusts the cobwebs off tion of the value of the property to the proceeded to consider the bill. laws that now have only antique value. Service. In fact, they have been work- Mr. D’AMATO. Madam President, in S. 1815 will make the securities laws re- ing with, and waiting patiently for, the the spirit of how quickly we have been flect the reality of today’s market- U.S. Fish and Wildlife Service for sev- able to proceed to the floor consider- place. It will simplify procedures for eral years. Through their partial dona- ation of S. 1815, the Securities Invest- paying fees and making disclosures. It

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7213 will give the SEC flexibility to adapt With respect to the role of the States the efforts of Senator D’AMATO, the to the changing financial market by in securities regulation, let me say chairman of the Banking Committee, letting the SEC say the securities laws that the current system of dual regula- who not only was deeply involved in don’t apply where they don’t make tion does not appear to place an undue drafting this bill, but who also did his sense. burden on our securities markets. Not utmost to move the bill quickly and S. 1815 will tighten up regulation by only are our markets a vibrant source smoothly through the legislative proc- giving the States and the SEC dis- of capital for established businesses ess so that we were able to come to the tinctly separate regulatory roles. It and new businesses alike, foreign busi- floor today. will divide between the SEC and the nesses also consider our markets at- The U.S. capital markets are vitally States regulation of the 22,500 reg- tractive places to raise capital. State important for the good economic istered investment advisers who are en- securities regulators play a crucial role health not only of virtually every trusted with over $10 trillion in cus- in policing our markets. Still, dual reg- American company but for millions tomer funds, much of which represents ulation need not mean duplicative reg- and millions of individual investors savings and retirement money. As a re- ulation. The State regulators them- who have placed some of their assets sult, investment advisers will be better selves have convened a task force to either directly in securities or, as has regulated and consumers and investors recommend how securities regulation become more and more common, into better protected. can be made more efficient and effec- mutual funds. The Securities Investment Pro- tive by dividing authority between the We must recognize that sustained motion Act of 1996 is a significant piece Federal and State level. I hope we will economic growth is heavily dependent of legislation that will ensure that the have the benefit of their thoughtful upon the continuing ability of our cap- U.S. securities market remains the pre- work before we complete action on this ital markets and financial services in- eminent securities market in the legislation. dustry to function efficiently and with world. It is not a controversial bill, it I am pleased that the managers integrity. If companies find impedi- enjoys support on both sides of the amendment offered by Senator ments to obtaining capital, they will aisle. D’AMATO at committee markup made not grow. If individuals find impedi- I commend my colleagues and their some important improvements to the ments to their access to securities and staff for their excellent work in draft- bill. In the mutual fund area, the man- other investments, they will not save. ing this legislation, particularly the agers amendment added two provisions Taking steps to enhance the access of Banking Committee staff and Securi- that were recommended by the Securi- both corporations and individuals to ties and Exchange Commission Chair- ties and Exchange Commission. These the securities markets is prudent man Levitt and his staff. allow the SEC to require mutual funds means by which Congress can help sus- The Securities Investment Pro- to provide shareholders with more cur- tain or even increase the Nation’s rate motion Act of 1996 is a significant piece rent information, and to maintain ad- of economic growth. of legislation that should be enacted ditional records that will be available Furthermore, the American capital this Congress. to the SEC. Given the importance that markets are the envy of the world. No Madam President, once again, I mutual funds now have as an invest- other nation enjoys the international thank my colleagues for their contin- ment vehicle for millions of American reputation of our capital markets and it is necessary for Congress periodi- ued bipartisan support and coopera- households, it is crucial that informa- cally to review and modernize, where tion. tion be available for mutual fund necessary, the laws that make our Mr. SARBANES. Madam President, I shareholders, and these provisions ad- markets and our financial services in- am glad that the Senate today will dress that need. The managers amend- complete action on S. 1815, the Securi- dustry the world’s leader. ment also clarified the SEC’s authority The legislation under consideration ties Investment Promotion Act of 1996. with respect to preemption of State today is the culmination of a lengthy This is a reasonable bill, and appro- laws regarding registration of securi- bipartisan effort to reform those as- priately so, for the Federal and State ties. The SEC may preempt State laws pects of the securities laws that are an laws governing our securities markets only with respect to securities traded outdated impediment to the efficient and the participants in those markets on the New York Stock Exchange, the functioning of the securities industry. are not in need of wholesale changes. American Stock Exchange, the The bill will also provide clearer All the evidence suggest that the U.S. NASDAQ, or other exchanges with sub- statutory directives to both State and securities markets are functioning stantially similar listing standards. Federal regulators so that the integ- well. Companies continue to raise cap- The provision in the bill as introduced rity of, and confidence in, our capital ital in the U.S. markets in record could have preempted State law for all markets and financial services indus- amounts. In addition to established exchange-traded securities, regardless try is enhanced. businesses, new companies have been of size or reputability. Without going into excruciating de- raising capital in record amounts. Indi- As modified by the managers amend- tail, let me just highlight the main vidual investor confidence in the secu- ment, the provisions in this bill strike areas that this legislation covers: It rities markets, measured by direct in- a reasonable balance. They received improves the regulation of investment vestment in securities and investment unanimous support from the Senate advisors by clarifying the proper roles through mutual funds and pension Banking Committee. I would note that of the SEC and the State regulators; it plans, remains high. The U.S. securi- in some respects, particularly in the modernizes and streamlines the regula- ties markets retain their preeminent area of preemption of State law, the tion of mutual funds on the one hand, position in the world. House bill goes further. We will have to and provides badly needed moderniza- Still, where improvements to the se- craft a final product very carefully, so tion of the statutes covering hedge curities laws are in order they should that any bill Congress might send to funds and venture capital funds on the be made. This bill has two major the President does not go too far in other hand; it provides for clarification themes: First, improvement of mutual limiting the authority of the State reg- on a host of technical matters ranging fund regulation, and second, realloca- ulators, thereby exposing investors to from treatment of church pension tion of responsibility between Federal sharp practices. plans to the access by U.S. journalists and State securities regulators. It is Mr. DODD. Madam President, I rise to foreign issuer press conferences. appropriate to review the regulation of to join my colleagues in supporting the And, significantly, the bill creates the mutual funds, given the tremendous passage of S. 1815, the Securities In- mechanisms for increased regulatory growth in this segment of the financial vestment Promotion Act of 1996. Let flexibility so that the SEC will have services industry. Mutual fund assets me first offer my congratulations to the ability to keep pace with needed now equal insured bank deposits in Senators GRAMM, BRYAN, and MOSELEY- regulatory changes as the needs and size. The legislation contains a number BRAUN, all of whom worked very hard demands both of investors and the fi- of provisions supported by the SEC with me in drafting this balanced, nancial industry develop over time. that are intended to allow mutual thoughtful, and bipartisan bill. I par- Madam President, the hearing held funds to operate more flexibly. ticularly would like to acknowledge on this legislation on June 5 amply

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7214 CONGRESSIONAL RECORD — SENATE June 27, 1996 demonstrated that the bill will have a Senators GRAMM and D’AMATO and the SEC, and that will streamline the salutary effect upon our financial mar- their staffs. I greatly appreciated the securities offering process for Amer- kets. Not only will the legislation re- opportunity to work with them and ican businesses. move anomalous and antiquated regu- with Senators DODD and SARBANES on When this legislation was introduced, lations that impeded the efficient func- this important piece of legislation. I said that it was critically important tioning of the markets, but the legisla- When I signed on as an original co- that this legislation preserve a strong tion will clearly improve the ability of sponsor of S. 1815, I said that I believe State role in policing sales practices investors, both institutions and indi- our capital formation process is fun- and in bringing enforcement actions. viduals, to invest and save their hard- damentally sound. America’s capital At the same time, I said that the bill earned dollars. markets are the fairest, the most suc- must not undermine the ability of de- I believe that the legislation, cessful, and the most liquid the world frauded investors to recover their through our qualified purchaser provi- has ever known. By virtually every sta- losses in court under state laws. I am sions as well as the business-develop- tistical measure, the investment mar- gratified that the bill and the com- ment company sections, will not only ket is vibrant and healthy. mittee report that accompanies it ex- provide an immediate benefit to the Today, tens of millions of Americans plicitly provide that State securities ability of small businesses to access rely on this Nation’s financial markets regulators continue to have available needed capital, but that these provi- to save for retirement, fund their chil- to them the full arsenal of powers sions will also provide a future benefit dren’s college education, and to receive needed to investigate and to enforce in the event of another credit crunch a rate of return on savings that exceeds laws against fraud and to retain their similar to the one we saw in 1992 and the rate of inflation. Now more than ability to protect the small investors early 1993. ever, the people of America are invest- of this country. Similarly, the bill and At the committee markup, we adopt- ing in America. Just one example tells committee report also make it abso- ed a manager’s amendment that will the story: For the first time in history, lutely clear that nothing in this legis- make good improvements to the bill mutual fund assets exceed the deposits lation alters or affects in any way any and I would like to take note of a few of the commercial banking system. State statutory or common laws particularly important provisions. This massive movement into our secu- against fraud or deceit, including pri- I am pleased that the Banking Com- rities markets promises new and excit- vate actions brought pursuant to such mittee included new authority for the ing opportunities for investors—and for laws. SEC to require that mutual funds American businesses. S. 1815 recognizes the fundamentally make updated disclosures and that This Nation’s securities laws and reg- national character of the mutual fund they maintain certain kinds of books ulations are designed first and fore- industry by assigning exclusive respon- and records beyond the minimal most to protect investors and to main- sibility for the routine review of mu- amount currently required by law. tain the integrity of the marketplace, tual fund offering documents and re- I commend my colleague, the rank- thereby promoting trust and con- lated materials to the SEC and NASD. ing member of the Banking Com- fidence in our system of capital forma- The legislation also encourages further mittee, Senator SARBANES, for advo- tion. We should strive for a securities innovation in the mutual fund industry cating the inclusion of these provisions regulatory system that is tough, but by means of advertising prospectuses and I am very glad that the committee one that also is fair, efficient and up- and funds of funds. I am pleased that wholeheartedly supported these com- to-date. On balance, I believe that S. my earlier concerns with the respect to monsense and nonburdensome investor 1815 does a good job of eliminating or reporting and recordkeeping require- protections. modernizing laws and regulations that ments were addressed in the manager’s I am also pleased that the Banking either are duplicative or outdated— amendment approved by the Banking Committee will require the commis- without sacrificing investor protection. Committee. sion to study the impact of recent judi- In general, the legislation strikes the Finally, I want to say a word about cial and regulatory rulings that have proper balance between promoting effi- title I, in which we seek to rationalize limited the ability of shareholders to ciency and growth while ensuring in- the regulatory scheme for investment offer proposals at shareholder meetings tegrity and fairness. advisers. There is abundant evidence regarding a company’s employment One of the key objectives of this bill that the current system of investment practices. The ability of shareholders is to carefully reallocate key aspects of adviser regulation is woefully inad- to offer such kinds of resolutions such Federal and State securities laws so equate, both in terms of the resources as the ‘‘Sullivan principles’’ for South that we eliminate any duplication, we devote to the effort and the laws Africa and the ‘‘MacBride principles’’ thereby ensuring that our relatively that govern the industry. While I ap- for Northern Ireland have had a direct modest regulatory resources are prop- plaud the objectives of title I of S. 1815, impact on ensuring that United States erly focused. Today, both the Securi- it is my hope that Congress does not corporations do not participate in the ties and Exchange Commission [SEC] end its consideration of this issue here. loathsome discriminatory practices and the 50 State securities regulators I would agree that establishing the that occurred, or still occur, in those share the responsibility for overseeing proper lines of regulatory jurisdiction nations. I look forward to the results of our capital markets. By and large, this is a necessary first step. Today, both the commission’s study in a year’s system of shared regulatory responsi- the SEC and the State securities regu- time. bility has worked well, with the SEC lators oversee registered investment In all, this is a carefully balanced bill taking responsibility for marketwide advisers. But, there are no clearly es- that improves our Nation’s securities issues, while the States focus their at- tablished lines of jurisdiction. As a re- laws to allow the markets to function tention on the issues most affecting in- sult, both the States and the Federal more efficiently, but balances those re- dividual investors and small busi- Government essentially have responsi- forms by maintaining, and in some nesses. bility for the entire population of in- cases enhancing, the full strength of I believe that there is room for im- vestment advisers. However, neither investor protections that have made proved coordination and a more clearly the States nor the Commission have our markets the best in the world. defined allocation of responsibility be- the resources to shoulder the entire I urge my colleagues to support pas- tween the States and the SEC. I sup- job. What we are left with is a system sage of this important legislation. port the goal of eliminating duplica- that is both burdensome and ineffec- Mr. BRYAN. Madam President, I am tive and overlapping regulations that tive. Although the regulators have pleased to support S. 1815, the Securi- do not provide any additional protec- tried to coordinate their activities, ties Investment Promotion Act of 1996. tions to investors or to the markets this legislation clearly establishes the Let me begin by recognizing those who but that do serve to increase the costs concept of bright lines of responsibility worked diligently to reach bipartisan of raising capital. For these reasons, I so that the policing of the industry is agreement so that this bill could be support those provisions of the bill both more rational and more effective. considered on an expedited basis. De- that will serve to draw brighter lines of The oversight of investment advisers serving of particular credit here are responsibility between the States and is an extremely important issue, as

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7215 more and more Americans turn to tent of the Members both in drafting running the SEC to discretionary ap- these financial professionals to help and approving this legislation? propriations. This shift and reduction guide them through the increasing Mr. D’AMATO. I certainly do. The in fees would occur over a 5-year pe- complexity of our financial markets. Senator is correct. That has been the riod. In short, it cuts collections and Establishing a more rational system intent of this Senator, and I know it to tells the Appropriations Committee for determining jurisdiction is a help- have been the intent of my colleague, and the general taxpayers to absorb ful step. But, it is only a first step. the chairman of the securities Sub- the costs. And, while I agree with the objective of committee, Mr. GRAMM, as well as that Mr. DODD. Would my friend from establishing clearer lines of responsi- of all of the sponsors of the bill and of South Carolina yield? bility, I am troubled by the very legiti- the members of the Banking Com- Mr. HOLLINGS. Of course. The Sen- mate concerns raised by State and Fed- mittee. We expressly provided language ator from Connecticut is our authority eral regulators and consumer organiza- in the bill to preserve State authority on securities and financial market tions with respect to the practical ap- to collect revenues so that there would matters. plication of title I. be no revenue loss at all faced by the Mr. DODD. I thank my friend. The The State of Nevada Securities Divi- States from the enactment of this bill. Senator from South Carolina is essen- sion has brought to my attention a real I do understand that some States have tially correct regarding this funding life situation that illustrates potential expressed a concern that in spite of the issue. I would note, however, the cur- problems with this bill that I hope we clear language of the bill, some of the rent situation is that the SEC collects can correct in conference. An invest- provisions of their own State laws may in total more through fees than the ment advisor representative who make it difficult in some cases to col- agency’s total budget. Of course, a ma- worked for a firm with over $25 million lect fees. If that is indeed the case, and jority of these funds go to the Treasury in assets applied for a license in Ne- we have begun discussions to identify as general revenues. vada. The Securities Division discov- the problems precisely, then I see no Mr. HOLLINGS. Exactly. These fees ered he had 14 complaints and numer- obstacle to making adjustments in the go to Treasury. They do not do any- ous disciplinary actions filed against legislation during our conference with thing to support the SEC. The agency him. He did not get a license to operate the House of Representatives to ensure cannot use those receipts. The only in Nevada but, under the provisions of that no State loses any revenue au- fees that the SEC is able to use—to pay this bill, he would not be required to thority as a result of enactment of this personnel to provide for stable markets get one. Nevada regulators would be bill. and to prevent fraud—are those that able to go after a bad actor after he has Mr. GRAMM. Madam President, I are collected and deposited in the committed fraud but they would prefer thank the Senator for his response, and SEC’s appropriation account. It is to retain the ability to keep them out I join with him in expressing my will- those that are above the statutory fee in the first place. ingness and desire to ensure that the level of one-fiftieth of 1-percent. It is One potential fix for this problem language of the final legislation, as it exactly these fees that the House bill would be to require investment advisor emerges from conference with the proposes to terminate. representatives who have disciplinary House of Representatives, will preserve You know for the past 2 years the histories to obtain State licenses re- State revenue authority. I am aware SEC has had something of a near-death gardless of the size of the firm. This that securities-related fees are an im- experience because of problems with its would protect States’ abilities to keep portant source of revenue for the Texas authorization. It wasn’t until the last out unscrupulous operators before they State government, and I do not see it day of the 103d Congress that the other as our place here to impair that au- have had a chance to prey on side removed their holds on a bill that thority. I further know of no one who unsuspecting consumers. enabled the agency to continue func- disagrees with this intent, so I also see I understand that time may not per- tioning. And, just last summer, over no problem in fully resolving this mat- mit us to address the many questions my objections, our fiscal year 1996 ter in the final version of the legisla- that have arisen in the context of title Commerce, Justice and State appro- tion. I. Nor do we have the time to com- priations bill proposed cutting the SEC prehensively address all that needs to Mr. HOLLINGS. Madam President, the securities bill before us, H.R. 3005, by 20 percent below a freeze at fiscal be done to improve the regulatory sys- year 1995 levels. Here we have a law en- tem for investment advisers. As a re- makes a number of very important changes in securities regulation, such forcement agency, and an agency in sult, I would ask that we commit our- charge of stopping insider trading and selves when we convene in the 105th as regulation of investment advisors and mutual funds. The Senate bill was fraud, and the appropriations bill re- Congress to assuring not only that duced its funding far below the level it State and Federal regulators have the approved by the Banking Committee on a bipartisan 16 to 0 vote. needed to continue operations. necessary resources and are effectively I have no problem with the Senate Mr. D’AMATO. But, eventually implementing them. version of this measure. I would sup- through a floor amendment and con- PRESERVING STATE REVENUE AUTHORITY port it. However, I have a big problem ference negotiations, the SEC’s budget Mr. GRAMM. Madam President, I with the House companion to this bill. was brought back up at least to a would like to address a question to the It contains provisions that would shift freeze at fiscal year 1995 levels. distinguished chairman of the Banking much of the cost of running the Securi- Mr. HOLLINGS. That’s right. The Committee, Mr. D’AMATO. As the chair- ties and Exchange Commission from Senator from New York was instru- man is aware, this legislation takes the firms registering securities to the gen- mental in helping us restore the SEC very important step of providing na- eral taxpayer. I am concerned because budget. It wasn’t easy. tional rules for national securities of the potential impact on the SEC I think the distinguished chairman of markets. In doing so, however, it has and, frankly, that this will require the the Banking Committee knows the sit- been our intent to preserve State au- Appropriations Committee to absorb uation better than most. We served to- thority to collect revenues, either to $200 million at the very time that dis- gether on the Appropriations Com- fund their antifraud efforts or for other cretionary funding is being cut. mittee for 14 years. State government purposes. In fact, In the present fiscal year, the SEC’s I think he would be surprised how the bill as reported contains explicit budget totals $297.4 million. Of this tight the funding situation has gotten. language to allow States to continue to amount, $194 million is derived from For fiscal year 1997, the President’s collect all fees and revenues related to section 6(b) securities registration fees budget proposals for the Justice De- registration and regulation of securi- and $103.4 million is appropriated from partment alone are up $1.947 billion ties that they have been collecting, the general fund. So we have a situa- above the current year. The Federal notwithstanding the provisions of the tion in which about two-thirds of the Judiciary is up $414 million. And, so on. bill that reduce the States’ role in reg- SEC’s operation is financed through Now, we on the Commerce, Justice and istration of nationally traded securi- fees. State Subcommittee aren’t going to ties and mutual funds. Does the chair- The House bill seeks to change this get anywhere near those increases in man concur that this has been the in- situation and shift the entire cost of the section 602(b) allocation process.

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7216 CONGRESSIONAL RECORD — SENATE June 27, 1996 We can’t fund those programs, let ket. That is simply in everyone’s inter- WILLIAM J. NEALON POST OFFICE alone State, Commerce, and Small est. Mr. MCCAIN. Madam President, I ask Business, and other independent agen- The Senator from South Carolina’s unanimous consent that the Senate cies. Let alone increases for the Securi- arguments make good sense. I know he proceed to the immediate consider- ties and Exchange Commission. has been a good friend to the SEC and ation of calendar No. 452, H.R. 3364. So these are the reasons I have held the securities industry. I would have to The PRESIDING OFFICER. The up this bill. I applaud the changes you agree that we should try to work to- clerk will report. have made in securities laws, but I wards a funding position that we can The assistant legislative clerk read must ask, do you intend to maintain agree on to fund the SEC in a fairer as follows: the Senate position on this fee issue? I way so that section 6(b) fees pay for mean will you and the chairman not A bill (H.R. 3364) to designate the Federal the cost of regulation and not general building and United States courthouse lo- reduce section 6(b) fees that are col- deficit reduction. I am concerned about cated at 235 North Washington Avenue in lected and retained by the SEC, as part the general taxpayer, of course, but Scranton, Pennsylvania, as the ‘‘William J. of this legislation? these fees should not be a tax on cap- Nealon Federal Building and United States Mr. DODD. My friend makes many ital formation. Last year, the SEC Courthouse.’’ good points. I know the pressures that brought in more than $750 million to The PRESIDING OFFICER. Is there the Appropriations Committee faces fund a budget of less than $300 million. objection to the immediate consider- and we are all too familiar with the That isn’t right either. ation of the bill? Government shutdowns that occurred The bill the Senate is being asked to There being no objection, the Senate this year. approve today is deficit neutral. The proceeded to consider the bill. I would note that our goal on the important reforms proposed in this leg- Mr. MCCAIN. Madam President, I ask Banking Committee is to pass a securi- islation should be accomplished with- unanimous consent that the bill be ties reform bill that the President will out adding one penny to the deficit. deemed read a third time, passed, the sign. And, the administration has ex- Similarly, any final agreement reached motion to reconsider be laid upon the pressed many of the same concerns with the other body regarding this leg- table, and that any statements relating that the Senator from South Carolina islation must not contribute to the to the bill be placed at the appropriate has raised. In its June 18 Statement of Federal budget deficit. At a time when place in the RECORD. Administration Policy, the White there is wide bipartisan agreement on The PRESIDING OFFICER. Without House said it would support the securi- the need to balance the budget, it is objection, it is so ordered. ties reforms but oppose the House pro- critical that this legislation not make The bill (H.R. 3364) was deemed read posed changes in financing the SEC. this goal more difficult to achieve. the third time and passed. The administration’s letter states: I will do everything I can to keep Although the Administration supports pro- this conference focused on securities f visions in H.R. 3005 that would protect inves- regulation reforms and will continue to MARK O. HATFIELD UNITED tors and reduce the cost of State and Federal work with my colleagues on a long- STATES COURTHOUSE regulation of the markets, the Administra- term solution to the SEC funding prob- Mr. MCCAIN. Madam President, I ask tion would have serious concerns with the lem. Let me note that unless there is bill if it were amended to include reauthor- unanimous consent that the Senate bipartisan agreement among the appro- ization provisions which would reduce or proceed to the immediate consider- priators, the administration, and the eliminate certain securities registration and ation of Calendar No. 451, S. 1636. SEC, we will separate that issue from transaction fees. These fees are currently The PRESIDING OFFICER. The used to offset almost two thirds of the SEC’s the bill and put it aside for another clerk will report. appropriation. Eliminating or reducing the day. We do not intend to jettison all The assistant legislative clerk read fees, in a time of declining discretionary re- the good things in this bill, and the bi- as follows: sources, would require the SEC to compete partisan spirit in which it was engen- for funding with other worthy programs, in- dered, over this difficult issue. As a A bill (S. 1636) to designate the United cluding criminal justice programs, immigra- friend from Connecticut notes, we are States Courthouse under construction at 1030 tion initiatives, and research and technology Southwest 3rd Avenue, Portland, OR, as the programs. The Administration’s continued serious about this bill—we intended to ‘‘Mark O. Hatfield United States Court- support for H.R. 3005 is contingent on the re- get it enacted into law. house,’’ and for other purposes. Mr. MCCAIN. Madam President, I ask tention of these improvements and keeping The PRESIDING OFFICER. Is there the bill free of any reauthorization provi- unanimous consent that all after the objection to the immediate consider- sions which would reduce or eliminate cer- enacting clause be stricken and the ation of the bill? tain SEC fees. text of calendar No. 468, S. 1815, be in- There being no objection, the Senate Senator D’AMATO and I intend for serted in lieu thereof, the committee proceeded to consider the bill. this bill to become law, and I assure amendment be agreed to, the bill be the Senator from South Carolina that, deemed read a third time and passed, AMENDMENT NO. 4386 absent an agreement among all the ap- as amended; the motion to reconsider (Purpose: To amend the resolution estab- propriators, the administration, and be laid upon the table, the Senate in- lishing the Franklin Delano Roosevelt Me- the SEC, we will not agree to the morial Commission to extend the service sist on its amendment and request a of certain members) House language that lowers registra- conference with the House, the Chair Mr. MCCAIN. Madam President, I tion fees which are used to run the SEC be authorized to appoint conferees on send an amendment to the desk on be- and offset appropriations. While I be- the part of the Senate and that several half of Senator LEVIN and ask for its lieve that there is merit on both sides statements and colloquies be printed at immediate consideration. of this funding issue, I believe that the the appropriate place in the RECORD. The PRESIDING OFFICER. The important and difficult questions of THE PRESIDING OFFICER. Without clerk will report. how best to fund the SEC—at which objection, it is so ordered. levels and through what means—should The committee amendment was The assistant legislative clerk read be reserved for another forum. agreed to. as follows: Mr. D’AMATO. I would say to the The bill (H.R. 3005), as amended, was The Senator from Arizona [Mr. MCCAIN] for Senator from South Carolina that deemed read the third time and passed, Mr. LEVIN, proposes an amendment num- there probably isn’t another Member of as follows: bered 4386. the Senate who understands more the (The text of the bill will be printed in The amendment is as follows: importance of the financial markets to a future edition of the RECORD.) At the appropriate place, insert the fol- lowing: the economy, or the economy of his APPOINTMENT OF CONFEREES State. This Senator understands the Under the previous order, the Pre- SEC. . EXTENSION OF FDR MEMORIAL MEMBER TERMS. need to maintain fair and open securi- siding Officer (Mrs. HUTCHISON) ap- The first section of the Act entitled ‘‘An ties markets. The SEC needs to be pointed Mr. D’AMATO, Mr. GRAMM, Mr. Act to establish a commission to formulate funded adequately so it can do its job BENNETT, Mr. SARBANES, and Mr. DODD plans for a memorial to Franklin Delano and ensure its regulation of the mar- conferees on the part of the Senate. Roosevelt’’, approved August 11, 1955 (69

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 27, 1996 CONGRESSIONAL RECORD — SENATE S7217 Stat. 694) is amended by adding at the end A bill (H.R. 1880) to designate the U.S. Post Counselor, to be Ambassador Extraordinary thereof the following: ‘‘A Commissioner who Office building located at 102 South McLean, and Plenipotentiary of the United States of ceases to be a Member of the Senate or the Lincoln, IL, as the ‘‘Edward Madigan Post America to the Republic of Nicaragua. House of Representatives may, with the ap- Office Building.’’ Dennis C. Jett of New Mexico, a Career proval of the appointing authority, continue The PRESIDING OFFICER. Is there Member of the Senior Foreign Service, Class to serve as a Commissioner for a period of up objection to the immediate consider- of Counselor, to be Ambassador Extraor- to one year after he or she ceases to be a dinary and Plenipotentiary of the United Member of the Senate or the House of Rep- ation of the bill? States of America to the Republic of Peru. resentatives.’’. There being no objection, the Senate Tibor P. Nagy, Jr., of Texas, a Career proceeded to consider the bill. Mr. MCCAIN. Madam President, I ask Member of the Senior Foreign Service, Class unanimous consent that the amend- Mr. MCCAIN. Madam President, I ask of Counselor, to be Ambassador Extraor- dinary and Plenipotentiary of the United ment be agreed to. unanimous consent that the bill be deemed read a third time, passed, the States of America to the Republic of Guinea. The amendment (No. 4386) was agreed Donald J. Planty, of New York, a Career to. motion to reconsider be laid upon the table, and that any statements relating Member of the Senior Foreign Service, Class Mr. MCCAIN. Madam President, I ask of Minister-Counselor, to be Ambassador Ex- unanimous consent that the bill, as to the bill be placed at the appropriate traordinary and Plenipotentiary of the amended, be deemed read a third time, place in the RECORD. United States of America to the Republic of the motion to reconsider be laid on the The PRESIDING OFFICER. Without Guatemala. table; that any statements relating to objection, it is so ordered. Leslie M. Alexander, of Florida, a Career The bill (H.R. 1880) was deemed read Member of the Senior Foreign Service, Class the bill be put in the RECORD at the ap- the third time and passed. of Minister-Counselor, to be Ambassador Ex- propriate place as if read. traordinary and Plenipotentiary of the The PRESIDING OFFICER. Without United States of America to the Republic of objection, it is so ordered. EXECUTIVE SESSION Ecuador. The bill (S. 1636), as amended, was f Avis T. Bohlen, of the District of Colum- deemed read the third time and passed. bia, a Career Member of the Senior Foreign EXECUTIVE CALENDAR (The text of the bill will be printed in Service, Class of Minister-Counselor, to be a future edition of the RECORD.) Mr. MCCAIN. Madam President, I ask Ambassador Extraordinary and Pleni- Mr. MCCAIN. I note that this par- unanimous consent that in executive potentiary of the United States of America ticular bill, I say to my friend from session the Senate immediately pro- to the Republic of Bulgaria. Marisa R. Lino, of Oregon, a Career Mem- Kentucky, is the designation of the ceed to the consideration of the fol- lowing Executive Calendar nomina- ber of the Senior Foreign Service, Class of U.S. courthouse in Portland OR as the Minister-Counselor, to be Ambassador Ex- ‘‘Mark O. HATFIELD United States tions: Nos. 645 through 664, and all traordinary and Plenipotentiary of the Courthouse,’’ certainly an appropriate nominations placed on the Secretary’s United States of America to the Republic of and well-deserved honor. desk in the Foreign Service. Albania. f I further ask unanimous consent the John F. Hicks, Sr., of North Carolina, a Ca- nominations be confirmed en bloc; the reer Member of the Senior Foreign Service, CHARLES A. HAYES POST OFFICE motions to reconsider be laid upon the Class of Career Minister, to be Ambassador BUILDING table en bloc; the President be imme- Extraordinary and Plenipotentiary of the United States of America to the State of Eri- Mr. MCCAIN. Madam President, I ask diately notified of the Senate’s action; trea. unanimous consent that the Senate that any statements relating to any of Alan R. McKee, of Maryland, a Career proceed to the immediate consider- the nominations appear at the appro- Member of the Senior Foreign Service, Class ation of Calendar No. 425, H.R. 2704. priate place in the RECORD; and that of Counselor, to be Ambassador Extraor- The PRESIDING OFFICER. The the Senate then immediately return to dinary and Plenipotentiary of the United clerk will report. legislative session. States of America to the Kingdom of Swazi- The assistant legislative clerk read The PRESIDING OFFICER. Without land. as follows: objection, it is so ordered. Arlene Render, of Virginia, a Career Mem- The nominations considered and con- ber of the Senior Foreign Service, Class of A bill (H.R. 2704) to provide that the United Minister-Counselor, to be Ambassador Ex- States Post Office building that is to be lo- firmed en bloc are as follows: traordinary and Plenipotentiary of the cated at 7436 South Exchange Avenue in Chi- DEPARTMENT OF STATE United States of America to the Republic of cago, IL, shall be known and designated as John Christian Kornblum, of Michigan, to Zambia. the ‘‘Charles A. Hayes Post Office Building.’’ be an Assistant Secretary of State. Harold Walter Geisel, of Illinois, a Career The PRESIDING OFFICER. Is there Barbara Mills Larkin, of North Carolina, Member of the Senior Foreign Service, Class objection to the immediate consider- to be an Assistant Secretary of State. of Minister-Counselor, to serve concurrently ation of the bill? Thomas C. Hubbard, of Tennessee, a Career and without additional compensations as There being no objection, the Senate Member of the Senior Foreign Service, Class Ambassador Extraordinary and Pleni- proceeded to consider the bill. of Minister-Counselor, to be Ambassador Ex- potentiary of the United States of America traordinary and Plenipotentiary of the to the Republic of Seychelles. Mr. MCCAIN. Madam President, I ask United States of America to the Republic of Madeleine May Kunin, of Vermont, to be unanimous consent that the bill be the Philippines and to serve concurrently Ambassador Extraordinary and Pleni- deemed read a third time, passed, the and without additional compensation as Am- potentiary of the United States of America motion to reconsider be laid upon the bassador Extraordinary and Plenipotentiary to Switzerland. table, and that any statements relating of the United States of America to the Re- A. Vernon Weaver, of Arkansas, to be the to the bill be placed at the appropriate public of Palau. Representative of the United States of Amer- place in the RECORD. Glen Robert Rase, of Florida, a Career ica to the European Union, with the rank The PRESIDING OFFICER. Without Member of the Senior Foreign Service, Class and status of Ambassador Extraordinary and objection, it is so ordered. of Counselor, to be Ambassador Extraor- Plenipotentiary. dinary and Plenipotentiary of the United The bill (H.R. 2704) was deemed read U.S. INTERNATIONAL DEVELOPMENT States of America to Brunei Darussalam. COOPERATION AGENCY the third time and passed. Wendy Jean Chamberlin, of Virginia, a Ca- Gerald S. McGowan, of Virginia, to be a f reer Member of the Senior Foreign Service, Member of the Board of Directors of the Class of Counselor, to be Ambassador Ex- EDWARD MADIGAN POST OFFICE Overseas Private Investment Corporation for traordinary and Plenipotentiary of the a term expiring December 17, 1998. BUILDING United States of America to the Lao People’s IN THE FOREIGN SERVICE Mr. MCCAIN. Madam President, I ask Democratic Republic. unanimous consent that the Senate James Francis Creagan, of Virginia, a Ca- Foreign Service nominations beginning proceed to the immediate consider- reer Member of the Senior Foreign Service, Terence Flannery, and ending George F. ation of Calendar No. 423, H.R. 1880. Class of Minister-Counselor, to be Ambas- Ruffner, which nominations were received by sador Extraordinary and Plenipotentiary of the Senate and appeared in the Congres- The PRESIDING OFFICER. The the United States of America to the Republic sional Record of May 9, 1996. clerk will report. of Honduras. Foreign Service nominations beginning The assistant legislative clerk read Lino Gutierrez, of Florida, a Career Mem- Justin Emmett Doyle, and ending Robert T. as follows: ber of the Senior Foreign Service, Class of Yurko, which nominations were received by

VerDate Aug 31 2005 06:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S27JN6.REC S27JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7218 CONGRESSIONAL RECORD — SENATE June 27, 1996 the Senate and appeared in the Congres- and the managers to enable the Senate SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION sional Record of May 9, 1996. to finish action on the defense bill to- 601: Foreign Service nominations beginning morrow. To be lieutenant general Donald C. Masters, and ending Kurt N. Another cloture motion was filed this Theodorakos, which nominations were re- MAJ. GEN. FRANK B. CAMPBELL, 000–00–0000, U.S. AIR ceived by the Senate and appeared in the evening and, if necessary, would occur FORCE. Congressional Record of June 18, 1996. on Saturday. IN THE ARMY f Senators should expect a busy ses- THE FOLLOWING U.S. ARMY NATIONAL GUARD OFFICER sion tomorrow, with rollcall votes FOR PROMOTION IN THE RESERVE OF THE ARMY TO THE LEGISLATIVE SESSION GRADE INDICATED UNDER TITLE 10, UNITED STATES throughout the day. CODE, SECTIONS 3385, 3392 AND 12203(A): The PRESIDING OFFICER. Under Mr. FORD. Will the Senator yield? To be brigadier general Mr. MCCAIN. I yield the floor. the previous order, the Senate will re- COL. PAUL J. GLAZAR, 000–00–0000. sume legislative session. Mr. FORD. Madam President, I ask IN THE NAVY f unanimous consent that it be added to the request that Senators have until 10 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT MEASURE INDEFINITELY POST- TO THE GRADE OF ADMIRAL IN THE U.S. NAVY WHILE AS- o’clock tomorrow to file second-de- SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- PONED—SENATE CONCURRENT grees with respect to the cloture mo- BILITY UNDER TITLE 10, UNITED STATES CODE SECTIONS RESOLUTION 42 601 AND 5035: tion tomorrow at 9:30. VICE CHIEF OF NAVAL OPERATIONS Mr. MCCAIN. Madam President, I ask The PRESIDING OFFICER. Is there To be admiral unanimous consent that Calendar No. objection? 351 be indefinitely postponed. Without objection, it is so ordered. VICE ADM. HAROLD W. GEHMAN, JR., 000–00–0000. f The PRESIDING OFFICER. Without f objection, it is so ordered. CONFIRMATIONS f ADJOURNMENT UNTIL 8:30 A.M. TOMORROW Executive nominations confirmed by AUTHORITY FOR COMMITTEES TO the Senate June 27, 1996: REPORT Mr. MCCAIN. Madam President, if there is no further business to come be- DEPARTMENT OF STATE Mr. MCCAIN. Madam President, I ask fore the Senate, I now ask that the JOHN CHRISTIAN KORNBLUM, OF MICHIGAN, TO BE AN unanimous consent that during the ad- ASSISTANT SECRETARY OF STATE. Senate stand in adjournment under the BARBARA MILLS LARKIN, OF NORTH CAROLINA, TO BE journment of the Senate, Senate com- previous order. AN ASSISTANT SECRETARY OF STATE. mittees may file committee-reported THOMAS C. HUBBARD, OF TENNESSEE, A CAREER MEM- There being no objection, the Senate, BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- Legislative and Executive Calendar at 12:06 a.m., adjourned until Friday, ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- business on Tuesday July 2, from 11 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES June 28, 1996, at 8:30 a.m. OF AMERICA TO THE REPUBLIC OF THE PHILIPPINES a.m. to 2 p.m.. AND TO SERVE CONCURRENTLY AND WITHOUT ADDI- The PRESIDING OFFICER. Without f TIONAL COMPENSATION AS AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES objection, it is so ordered. NOMINATIONS OF AMERICA TO THE REPUBLIC OF PALAU. Mr. MCCAIN. Madam President, I GLEN ROBERT RASE, OF FLORIDA, A CAREER MEMBER Executive nominations received by OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- suggest the absence of a quorum. the Senate June 27, 1996: SELOR, TO BE AMBASSADOR EXTRAORDINARY AND The PRESIDING OFFICER. The PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA IN THE AIR FORCE TO BRUNEI DARUSSALAM. clerk will call the roll. WENDY JEAN CHAMBERLIN, OF VIRGINIA, A CAREER The assistant legislative clerk pro- THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ceeded to call the roll. AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPOR- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED Mr. MCCAIN. Madam President, I ask TO THE LAO PEOPLE’S DEMOCRATIC REPUBLIC. STATES CODE, SECTION 8036: JAMES FRANCIS CREAGAN, OF VIRGINIA, A CAREER unanimous consent that the order for SURGEON GENERAL OF THE AIR FORCE MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF the quorum call be rescinded. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- To be lieutenant general DINARY AND PLENIPOTENTIARY OF THE UNITED STATES The PRESIDING OFFICER. Without OF AMERICA TO THE REPUBLIC OF HONDURAS. objection, it is so ordered. MAJ. GEN. CHARLES H. ROADMAN II, 000–00–0000. LINO GUTIERREZ, OF FLORIDA, A CAREER MEMBER OF THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, f TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. TO BE AMBASSADOR EXTRAORDINARY AND PLENI- AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPOR- POTENTIARY OF THE UNITED STATES OF AMERICA TO ORDERS FOR FRIDAY, JUNE 28, 1996 TANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED THE REPUBLIC OF NICARAGUA. STATES CODE, SECTION 601: DENNIS C. JETT, OF NEW MEXICO, A CAREER MEMBER Mr. MCCAIN. Madam President, I ask OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- To be lieutenant general COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND unanimous consent that when the Sen- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ate completes its business today, it MAJ. GEN. ROGER G. DE KOK, 000–00–0000. TO THE REPUBLIC OF PERU. stand in adjournment until the hour of THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TIBER P. NAGY, JR., OF TEXAS, A CAREER MEMBER OF TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, 8:30 a.m. on Friday, June 28; further, AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPOR- TO BE AMBASSADOR EXTRAORDINARY AND PLENI- that immediately following the prayer, TANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED POTENTIARY OF THE UNITED STATES OF AMERICA TO STATES CODE, SECTION 601; THE REPUBLIC OF GUINEA. the Journal of the proceedings be DONALD J. PLANTY, OF NEW YORK, A CAREER MEMBER To be lieutenant general OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- deemed approved to date, no resolu- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND tions come over under the rule, the call MAJ. GEN. PATRICK K. GAMBLE, 000–00–0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE FOLLOWING-NAMED OFFICER FOR REAPPOINT- TO THE REPUBLIC OF GUATEMALA. of the calendar be dispensed with, the MENT TO THE GRADE OF LIEUTENANT GENERAL IN THE LESLIE M. ALEXANDER, OF FLORIDA, A CAREER MEM- morning hour be deemed to have ex- U.S. AIR FORCE WHILE ASSIGNED TO A POSITION OF IM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- PORTANCE AND RESPONSIBILITY UNDER TITLE 10 ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- pired, and the time for the two leaders UNITED STATES CODE, SECTION 601: DINARY AND PLENIPOTENTIARY OF THE UNITED STATES be reserved for their use later in the To be lieutenant general OF AMERICA TO THE REPUBLIC OF ECUADOR. day, and the Senate then immediately AVIS T. BOHLEN, OF THE DISTRICT OF COLUMBIA, A CA- LT. GEN. LESTER L. LYLES, 000–00–0000. REER MEMBER OF THE SENIOR FOREIGN SERVICE, resume consideration of the defense au- CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT EXTRAORDINARY AND PLENIPOTENTIARY OF THE thorization bill. TO THE GRADE OF LIEUTENANT GENERAL WHILE AS- UNITED STATES OF AMERICA TO THE REPUBLIC OF BUL- The PRESIDING OFFICER. Without SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- GARIA. BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION MARISA R. LINO, OF OREGON, A CAREER MEMBER OF objection, it is so ordered. 601: THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- f COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND To be lieutenant general PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA PROGRAM MAJ. GEN. JOHN B. SAMS, JR., 000–00–0000, U.S. AIR FORCE. TO THE REPUBLIC OF ALBANIA. JOHN F. HICKS, SR., OF NORTH CAROLINA, A CAREER Mr. MCCAIN. Madam President, for THE FOLLOWING-NAMED OFFICER FOR REAPPOINT- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MENT TO THE GRADE OF LIEUTENANT GENERAL WHILE CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- the information of all Senators, under ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES the previous order, there will be a roll- SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- OF AMERICA TO THE STATE OF ERITREA. TION 601: ALAN R. MC KEE, OF MARYLAND, A CAREER MEMBER call vote tomorrow morning at 9:30 OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- To be lieutenant general a.m. on the motion to invoke cloture SELOR, TO BE AMBASSADOR EXTRAORDINARY AND LT. GEN. CHARLES T. ROBERTSON, 000–00–0000, U.S. AIR PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA on the Department of Defense bill. FORCE. TO THE KINGDOM OF SWAZILAND. As announced earlier, Senators are ARLENE RENDER, OF VIRGINIA, A CAREER MEMBER OF THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- urged to cooperate with the leadership TO THE GRADE OF LIEUTENANT GENERAL WHILE AS- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND

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PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE EUROPEAN UNION, WITH THE RANK AND STATUS OF FOREIGN SERVICE TO THE REPUBLIC OF ZAMBIA. AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY. HAROLD WALTER GEISEL, OF ILLINOIS, A CAREER FOREIGN SERVICE NOMINATIONS BEGINNING TERENCE MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF U.S. INTERNATIONAL DEVELOPMENT FLANNERY, AND ENDING GEORGE F. RUFFNER, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MINISTER-COUNSELOR, TO SERVE CONCURRENTLY AND COOPERATION AGENCY WITHOUT ADDITIONAL COMPENSATION AS AMBASSADOR PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 1996. EXTRAORDINARY AND PLENIPOTENTIARY OF THE GERALD S. MC GOWAN, OF VIRGINIA, TO BE A MEMBER FOREIGN SERVICE NOMINATIONS BEGINNING JUSTIN UNITED STATES OF AMERICA TO THE REPUBLIC OF OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- EMMETT DOYLE, AND ENDING ROBERT T. YURKO, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SEYCHELLES. VATE INVESTMENT CORPORATION FOR A TERM EXPIR- PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 1996. MADELEINE MAY KUNIN, OF VERMONT, TO BE AMBAS- ING DECEMBER 17, 1998. FOREIGN SERVICE NOMINATIONS BEGINNING DONALD SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE ABOVE NOMINATIONS WERE APPROVED SUBJECT C. MASTERS, AND ENDING KURT N. THEODORAKOS, THE UNITED STATES OF AMERICA TO SWITZERLAND. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE A. VERNON WEAVER, OF ARKANSAS, TO BE THE REP- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY AND APPEARED IN THE CONGRESSIONAL RECORD ON RESENTATIVE OF THE UNITED STATES OF AMERICA TO CONSTITUTED COMMITTEE OF THE SENATE. JUNE 18, 1996.

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